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 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 New Zealand's Workers' Compensation: How Will it Fare in a Changing Environment?

1970 ◽  
Author(s):  
Nadine McDonnell
Keyword(s):  
New Zealand ◽  
Current System ◽  
Injured Workers ◽  
Workers Compensation ◽  
Working Environments ◽  
Accident Compensation ◽  
Tort System ◽  
Compensatory Damages ◽  
The Right ◽  
Safe Working

The Woodhouse Report and the subsequent 1972 Accident Compensation Act was revolutionary. The right to sue to recover compensatory damages arising directly or indirectly out of personal injury was abolished, although there was still the provision to take an action for damages in a court outside of New Zealand. Since then, workers’ compensation in New Zealand has evolved and metamorphosed into our current scheme. However, the effectiveness of workers' compensation schemes in terms providing protecting injured workers and their dependents has been eroded over the years. This paper not only provides a brief background to the current system but also explores the notion that if the current workers’ compensation scheme is failing New Zealand workers, perhaps it is time to look at other alternatives. In particular, the tort system of law may afford workers fairer compensation and may spur employers to provide healthy and safe working environments.

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 COMMENTARY: Return to Work The New Zealand Experience Under the Accident Compensation Scheme

1970 ◽  
Vol 21 (2) ◽  
Author(s):  
Ross Wilson
Keyword(s):  
New Zealand ◽  
Cultural History ◽  
Common Law ◽  
Comparative Law ◽  
Royal Commission ◽  
Compensation Scheme ◽  
Major Step ◽  
The Core ◽  
Accident Compensation ◽  
The Common

On the 1st of April 1974 New Zealand embarked on a bold expaiment. We abolished the tort action for personal injury and established a comprehensive, national, no-fault accident compensation scheme. The abolition of the common law right to sue was certainly regarded by jurists as a major step. The American Journal of Comparative Law described it in sombre tones as "an unparalleled event in our cultural history, the first casualty among the core legal iutitutions of the civilised world". It wasn't a step taken lightly and the Royal Commission recommendations on which the reform was based were subjected to public debate and Jeaislative scrutiny for more than five years. As A.J. Faulker M.P. commented in Parliament on 3 October 1972:

scholarly journals Accident Compensation in Swiss and New Zealand Law: Some Selected Issues That Undermine the Purpose in Both Schemes

2021 ◽  
Author(s):  
◽  
Yvonne Wampfler Rohrer
Keyword(s):  
New Zealand ◽  
Work Capacity ◽  
Comparative Approach ◽  
Compensation Scheme ◽  
Accidental Injury ◽  
Work Related ◽  
Accident Compensation ◽  
Fault Compensation ◽  
Alternative Approaches ◽  
Assessment Of Evidence

<p>This dissertation analyses selected issues that undermine the coherence and the purposes of the Swiss and New Zealand accident compensation schemes. Unlike other European states the Swiss accident compensation provides cover for non-work related accidental injury, which makes it a useful subject of comparison with the New Zealand accident compensation scheme which provides a comprehensive, no fault compensation scheme for personal injury. In undertaking a largely comparative approach the paper argues that both schemes have drifted away considerably from the original underlying purpose to provide compensation for work incapacity and, on the other hand, to restore the claimant to a level of work capacity as soon as possible. This thesis is illustrated by examining the vulnerability of the schemes to political change, the arbitrary dichotomy between incapacity to work caused by accidental injury and incapacity caused by sickness, the definitions of an accident in both schemes and the assessment of evidence. The paper finds that both schemes should be amended and suggests alternative approaches for each issue.</p>

scholarly journals Promoting Safety Through Law, National and International, and by Other Means

2018 ◽  
Vol 49 (2) ◽  
pp. 229
Author(s):  
Ken J Keith
Keyword(s):  
New Zealand ◽  
Memorial Lecture ◽  
Compensation Scheme ◽  
100Th Birthday ◽  
Law And Policy ◽  
Accident Compensation ◽  
The Law ◽  
The University

The Woodhouse family, friends of Sir Owen Woodhouse and the law faculties of the Victoria University of Wellington and the University of Auckland decided on the occasion of what would have been Sir Owen Woodhouse's 100th birthday that a fellowship and lectureship should be established in recognition of the great contributions he has made to law and policy in New Zealand and beyond. The fellows and lecturers are not to see themselves as limited to the law and are encouraged to address broader matters challenging people here and abroad. Sir Kenneth Keith gave the inaugural Sir Owen Woodhouse Memorial Lecture in Wellington on 29 August 2017 and in Auckland on 30 August 2017. The address considers in turn the dangers and perils at work, at sea and on the battlefield. It reflects on New Zealand's accident compensation scheme and suggests possible extensions to the scheme.

scholarly journals Pregnancy Following Failed Sterilisation Under the Accident Compensation Scheme

2009 ◽  
Vol 40 (4) ◽  
pp. 805
Author(s):  
Yasmin Moinfar
Keyword(s):  
New Zealand ◽  
Compensation Scheme ◽  
Accident Compensation ◽  
Alternative Approach ◽  
Court Of Appeal

This paper analyses the approach that is taken in New Zealand in determining coverage for pregnancies following failed sterilisations under the accident compensation scheme. The approach adopted in the recent decision of the Court of Appeal in ACC v D is criticised and an alternative approach for determining whether such claims ought to be within the accident compensation scheme is suggested.

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