12 Nov 2009
Estate of Taewa v Accident Compensation Corporation
- Citation
- [2009] NZACC 199
- Court
- District Court
Because the deceased died before any authorised assessment under clause 59 was carried out, the statutory prerequisites in clause 54 were not met and the estate had no entitlement to a lump sum; ACC's discretionary asbestos policy cannot create a statutory entitlement and the respondent's decision to decline was correct.