20 Jan 2012
Estate of Turner v Accident Compensation Corporation
- Citation
- [2012] NZACC 17
- Court
- District Court
The court provisionally held that the s32(2)(b) exclusion must be narrowly construed and that a death partly attributable to scheduling or prioritisation failures rather than solely to unallocated resources may not be excluded; because the facts about scheduling and administrative steps were insufficiently evidenced the court would not finally determine the appeal and directed that the appellant be given an opportunity to produce admissible evidence about prioritisation and scheduling before a final decision is made.