New Zealand Case Law: Decisions & Judgments

Topic

Vehicle funding

Legal area

Court

29 Sept 2015

SB v Accident Compensation Corporation

Citation

[2015] NZACC 297
Court

District Court

ACC's decision was unlawful because it failed to take into account relevant considerations (the appellant's changed medical condition and its potential effect on injury-related transport needs) and failed to obtain and consider a Transport for Independence Assessment before declining replacement funding; ACC also failed to communicate the criteria it applied. For these reasons the Court quashed the review decision and set aside ACC's decision of 27 March 2014 and allowed the appeal.
14 Apr 2014

Scheer v Accident Compensation Corporation

Citation

[2014] NZACC 95
Court

District Court

The appeal is allowed because ACC failed to properly assess and give adequate weight to the totality of medical and functional evidence and to trial a suitably broad range of vehicle configurations; under s79 and Schedule 1 (clauses 21‑22) the Corporation must revisit the claimant's vehicle needs and consider funding purchase of a vehicle significantly better suited to restore the claimant's independence where modification of the existing vehicle is not appropriate.
29 Mar 2011

Ward v Accident Compensation Corporation

Citation

[2011] NZACC 97
Court

District Court

Judge held the appellant had a reasonable excuse for selling the ACC-funded vehicle to address severe joint debts and avoid bankruptcy; cl.22(2)(f) is not an absolute bar in the circumstances and the case merited a negotiated practical resolution between ACC and the appellant rather than a strict refusal.
11 Jan 2005

Cromb v Accident Compensation Corporation

Citation

[2005] NZACC 3
Court

District Court

Clause 22(1)(a) of Schedule 1 to the IPRC Act 2001 prevents ACC liability to fund a replacement vehicle where the claimant owns or part‑owns a vehicle suitable for his needs; the appellant part‑owns an automatic Holden Commodore that meets his stated requirements, and therefore ACC is not liable to fund or contribute to a replacement vehicle and the appeal must be dismissed.

New Zealand Case Law

SB v Accident Compensation Corporation

Scheer v Accident Compensation Corporation

Ward v Accident Compensation Corporation

Cromb v Accident Compensation Corporation