New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Treatment for mental injury

Legal area

Court

21 Jul 2010

MJR v Accident Compensation Corporation

Citation

[2010] NZACC 105
Court

District Court

Leave was granted because the appeal raises a serious and arguable question of law: whether the treatment in October 2002 met the s.36(1) test of "first receives treatment for that mental injury as that mental injury," specifically whether the words "as that mental injury" require the treating practitioner to have knowledge of the causal sexual‑abuse events; the issue warrants High Court determination.
24 Oct 2006

M v Accident Compensation Corporation

Citation

[2006] NZACC 250
Court

District Court

Leave to appeal to the High Court is granted because the decision below raises significant questions of law concerning whether earlier statutes can provide cover absent a contemporaneous claim, whether the statutory deemed date of injury governs entitlement to potential earnings compensation, and whether forensic psychiatric assessments can constitute treatment for determining a deemed date of injury; the court frames those questions for determination on appeal.