New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Transitional provisions (s147)

Legal area

Court

26 Aug 1997

ST v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 178
Court

District Court

The police and counsellor letters were not written applications under s147(2) of the 1992 Act and were not shown to be authorised by the appellant; therefore the appellant did not comply with the statutory requirements to preserve a lump sum entitlement and the appeal must be dismissed.
6 Mar 1996

MC v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 8
Court

District Court

The appellants failed to prove on the balance of probabilities that a claim was lodged with the Corporation before 1 October 1992; the evidence (doctor's uncertain recollection, absence of records and lack of indicia that the meeting was treated as a claim) is insufficient, and Corporation policy does not retrospectively create agency to cure the statutory lodgement requirement, therefore s147 entitlement is not established and the appeals must be dismissed.