New Zealand's Accident Compensation Scheme: Twenty Years on

1994 ◽  
Vol 44 (3) ◽  
pp. 223 ◽  
Author(s):  
Geoffrey Palmer
Keyword(s):  
Compensation Scheme ◽  
Accident Compensation

scholarly journals Should New Zealand Shirk Its Obligations? A Critical Perspective on Private Law Scholarship

2016 ◽  
Vol 47 (3) ◽  
pp. 429
Author(s):  
Bevan Marten ◽  
Geoff McLay
Keyword(s):  
New Zealand ◽  
Law Reform ◽  
Coherent System ◽  
Private Law ◽  
Compensation Scheme ◽  
Critical Perspective ◽  
Policy Makers ◽  
Party Autonomy ◽  
Accident Compensation

This article concerns the role of the private law scholar in New Zealand, and how such scholars use their skills to improve the law. It argues that while an obligations scholar's preference may be to engage with the courts and other academics in their scholarly activities, a focus on statutory reform better suits New Zealand conditions. Scholars should share their talents with policy makers, law reform bodies and legislators, helping to explain the importance of a coherent system of private law, and how this may be achieved. The authors then go a step further by suggesting that, in the New Zealand context, the preferable approach to reform may be one involving policy-based solutions exemplified by the accident compensation scheme, as opposed to approaches based on traditional private law principles such as party autonomy.

scholarly journals Community insurance versus compulsory insurance: competing paradigms of no-fault accident compensation in New Zealand

Legal Studies ◽  
2019 ◽  
Vol 39 (3) ◽  
pp. 499-516
Author(s):  
Simon Connell
Keyword(s):  
New Zealand ◽  
Specific Form ◽  
Accident Insurance ◽  
Personal Injury ◽  
Compensation Scheme ◽  
The Core ◽  
Accident Compensation ◽  
Compulsory Insurance ◽  
History Of

AbstractThis paper presents a history of New Zealand's accident compensation scheme as a struggle between two competing normative paradigms that justify the core reform of the replacement of civil actions for victims of personal injury with a comprehensive no-fault scheme. Under ‘community insurance’, the scheme represents the community taking moral and practical responsibility for members who are injured in accidents, while for ‘compulsory insurance’ the scheme is a specific form of compulsory accident insurance. Understanding the history of the scheme in this way helps explain both the persistence of the scheme and important changes made to it by different governments.

scholarly journals Case Comment – Cumberland v Accident Compensation Corporation

2014 ◽  
Vol 45 (3) ◽  
pp. 525
Author(s):  
Anthea Williams
Keyword(s):  
New Zealand ◽  
Medical Treatment ◽  
Case Law ◽  
Personal Injury ◽  
Compensation Scheme ◽  
Accident Compensation ◽  
Physical Effects ◽  
Wrongful Birth ◽  
Court Of Appeal ◽  
Lost Opportunity

In Cumberland v Accident Compensation Corporation, the Court of Appeal held that where a mother is denied the information that her foetus is disabled, and thus loses the opportunity to terminate the pregnancy, the "continuing pregnancy" can be a personal injury covered by the Accident Compensation scheme. This article examines the judgment and argues the Court of Appeal has extended New Zealand case law on "wrongful births" without explicitly acknowledging this. The author suggests that, by focussing purely on the physical effects on the mother and her lost opportunity to determine the medical treatment given to her, the Court has avoided the value laden approach that has plagued other wrongful birth cases.

scholarly journals A Commentary on the New Zealand Accident Compensation Scheme

1969 ◽  
pp. 319
Author(s):  
Lewis N. Klar
Keyword(s):  
New Zealand ◽  
Compensation Scheme ◽  
Accident Compensation ◽  
The Right

The author discusses the advent of Anton Piller orders and contrasts its benefits against the right against self incrimination.

scholarly journals Vindicatory Damages in the Child Welfare Tort Cases

2021 ◽  
Author(s):  
◽  
David Neild
Keyword(s):  
Child Welfare ◽  
Tort Law ◽  
Compensation Scheme ◽  
Public Authorities ◽  
Vicarious Liability ◽  
Accident Compensation ◽  
Statutory Duty ◽  
Statutory Power ◽  
The Way

<p>This thesis argues that vindicatory damages should be available in the child welfare tort cases against public authorities. These are cases in which the plaintiffs sue public authorities either for not protecting them from harm when they were children, or where it is alleged that the authority’s employees abused the children while in its care. Vindicatory damages would be intended to mark the wrong to the plaintiff, rather than attempting to compensate the consequences. This thesis argues in support of the availability of a separate head of vindicatory damages in tort law, including negligence, and explores some of the liability issues which arise in these cases, including vicarious liability, liability for omissions and liability in negligence for the way in which a statutory power is exercised or for a breach of a statutory duty. New Zealand's accident compensation scheme is also discussed: it is argued that vindicatory damages in tort law should not be barred by the scheme.</p>

Nervous Shock, Tort and Accident Compensation: Tort Regained?

1999 ◽  
Vol 30 (1) ◽  
pp. 197
Author(s):  
Geoff McLay
Keyword(s):  
Common Law ◽  
Practical Importance ◽  
Complex Interaction ◽  
Physical Injury ◽  
Compensation Scheme ◽  
Accident Compensation ◽  
The Common ◽  
Nervous Shock ◽  
The Relationship ◽  
Court Of Appeal

This case note examines the recent Court of Appeal decision in Palmer v Danes Shotover Rafts  dealing with the relationship between the common law and the Accident Compensation regime. The author acknowledges the practical importance of the Court's holding in Danes Shotover Rafts that plaintiffs who have not suffered physical injury can sue for nervous shock.  The author contends that the case is, like the exemplary damages cases, yet another example of the complex interaction between common law and statutory compensation regimes.  The author argues that the case may signal a judicial switch from a welfare or communitarian approach to the interpretation of the Accident Compensation scheme to a rights based approach and that gives primacy to common law rights rather than to the integrity of the Accident Compensation scheme.  A wider view not based solely on the statutory provisions, or on the assumption that the common law or statutory compensation regimes "trump" one another, but one which views the interaction between the common law and statutory compensation schemes as dynamic, may lead to a greater understanding of the relationship between statutory tort reform and the common law.

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