New Zealand Case Law: Decisions & Judgments

Topic

Unreasonable delay in processing claims

Legal area

Court

4 Aug 2009

Claimant T v Accident Compensation Corporation

Citation

[2009] NZACC 127
Court

District Court

The Reviewer correctly exercised the discretion under s148(2)(b) in refusing costs because the review application was premature within the statutory investigation period under s57 and the respondent accepted the claim before the review process could add anything; consequently there was no reasonable basis to award the $200 and the District Court will not interfere with that exercise of discretion.
26 May 2008

Estate of Aubrey v Accident Compensation Corporation

Citation

[2008] NZACC 108
Court

District Court

The appeal was dismissed for lack of jurisdiction because by the time of the review hearing the substantive ACC decisions (including payment of arrears and interest) had been issued, eliminating any continuing delay under s.134(1)(b) and leaving no live issue for the Court to determine under the statutory appeal regime.
13 May 2005

Howard v Accident Compensation Corporation

Citation

[2005] NZACC 154
Court

District Court

District Court held ACC did not unreasonably delay because appellant failed to provide required information and to cooperate; the 1997 internal memorandum was not a reviewable decision; the 27 June 2003 IRP need not be referred back as subsequent IRPs and cooperation rendered referral pointless; no deemed decision arose because the appellant contributed to delay and statutory limits preclude interest before 1 July 1992; the Reviewer's $200 award for reasonable expenses was within the Regulations and the costs appeal failed.
5 Aug 2003

Robinson v Accident Compensation Corporation

Citation

[2003] NZACC 179
Court

District Court

The reviewer erred in concluding he lacked jurisdiction; whether the 23 May 2002 advice is a reviewable decision must be determined on the merits with evidence on whether the document was binding. The review decision is quashed in that respect and a fresh review is ordered to determine if the payment advice was a binding decision and to consider any delay under s.134(1)(b).

New Zealand Case Law

Claimant T v Accident Compensation Corporation

Estate of Aubrey v Accident Compensation Corporation

Howard v Accident Compensation Corporation

Robinson v Accident Compensation Corporation