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  1. [2022] NZACC 86 - Foster v ACC (11 May 2022) [PDF, 186 KB]

    Late filing of review application and costs – ss 135 and 148, claim regarding Code of Claimants’ Rights – s 140(3), deemed decisions – s 146, Accident Compensation Act 2001. Appeal of three review decisions. Whether Corporation correctly declined to accept the late filing of the applicant’s review application; if so, whether there is jurisdiction to consider the decision suspending entitlements; and whether the decision to award no costs was correct. Whether a Reviewer correctly held that there was no jurisdiction to entertain a review about a revoked decision, as it had been superseded by a later decision, and then awarded limited costs. Whether a Reviewer correctly dismissed the claim that there were two deemed decisions in the appellant’s favour. Outcome: appeals dismissed and review decisions upheld except in relation to the matter of costs and expenses of the 9 November 2020 decision.