29 May 2008
Hjaltason v Accident Compensation Corporation
- Citation
- [2008] NZACC 111
- Court
- District Court
Clauses 76 and 77 of Schedule 1 IPRCA 2001 cannot be given retrospective effect to create child care payments before 1 April 2002; transitional provisions (not the standalone Schedule 1 clauses) govern entitlements for injuries before 1 April 2002. However, under the 1992 Act s81(2) the disentitlement for suicide did not apply where death resulted from mental injury (mental injury need not derive from sexual assault), and because the death here resulted from mental injury the claimant was entitled to a survivor's grant which must be paid; respondent's decision modified accordingly.