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Orr V Acc 85 95 Dca 45 94 92 Act,Medication / Pharmaceutical costs

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Posted 14 January 2006 - 03:19 PM

IN THE DISTRICT COURT
HELD AT AUCKLAND

Decision No. 85 /95

IN THE MATTER of The Accident
Rehabilitation and Compensation Insurance Act 1992

AND
IN THE MATTER of an Appeal pursuant to
Section 91 of the Act

BETWEEN
ROBERT VICTOR ORR
Appellant
(Appeal No. DCA 45/94)

AND
ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act
Respondent

HEARD on the 7th day of July 1995

APPEARANCES
Mr M D Edwards for appellant
Ms J L Johnston for respondent

DECISION OF JUDGE D A ONGLEY

The question in this appeal was whether s 75(8) of the Act continued in force for the period of time from January 1992 to February 1993 while the appellant was obtaining and using prescribed medication outside.

The appellant suffered a motorcycle accident in 1976 which led to renal failure in 1988. He underwent a transplant in 1988 and requires lifelong medication to avoid rejection of the transplanted kidney. He is an electrical engineer. When his incapacity prevented his obtaining employment in New Zealand he decided in April 1992 to travel to Malaysia to take up a position at a lesser remuneration than his last employment in New Zealand. His medication had been provided in New Zealand through a social security health benefit. He applied to the Corporation for payment of his medication overseas and payment was approved to be reimbursed at the New Zealand equivalent cost. The letter of approval was dated 12 June 1992. The relevant regulations were, and still are, the Accident Compensation (Pharmaceutical Costs) Regulations 1990/243. Those regulations were made under the Accident Compensation Act 1982 and reg 8 stated:

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