scholarly journals New Zealand's Accident Compensation Scheme and Man-Made Disease

Author(s):  
Maria Hook

This paper proposes that cover provided for "personal injury" within the current Injury Prevention, Rehabilitation, and Compensation Act 2001 should be extended to include man-made disease. The concept of man-made disease is used to distinguish between naturally occurring diseases and diseases that are predominantly caused by human activities.  An analysis of the existing principles within the accident compensation scheme reveals that such an amendment is supported by three principles in particular: the replacement of the right to sue for personal injury, community causal responsibility and prevention. It is argued that as well as introducing long-needed consistency into the scheme, cover for man-made disease would remedy some of the problems regarding compensation for work-related diseases. 

Legal Studies ◽  
2019 ◽  
Vol 39 (3) ◽  
pp. 499-516
Author(s):  
Simon Connell

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.


2014 ◽  
Vol 45 (3) ◽  
pp. 525
Author(s):  
Anthea Williams

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.


1969 ◽  
pp. 319
Author(s):  
Lewis N. Klar

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


2021 ◽  
Author(s):  
◽  
Yvonne Wampfler Rohrer

<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>


2021 ◽  
Author(s):  
◽  
Yvonne Wampfler Rohrer

<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>


1997 ◽  
Vol 27 (2) ◽  
pp. 384
Author(s):  
W R Atkin

This article is a book review of Ian Campbell Compensation for Personal Injury in New Zealand: Its Rise and Fall (Auckland University Press, Auckland, 1996) 286 + x pages, $39.95. Atkin notes that New Zealand's accident compensation scheme was initially developed in a largely non-partisan way and was greeted positively. However, he notes that accident compensation has become a political football in recent years. Atkin thus recognises the timeliness of this book which provides the scheme's history and competing arguments for future change. Atkin concludes that the book's reference to the scheme's rise and fall is too pessimistic a picture, as the scheme continues to work well for many New Zealanders. However, Atkin notes that the book adds legitimate weight to the idea that accident compensation is under attack. Thus, with its grounding in the history of compensation mechanisms, the book is said to represent a valuable addition to the debate about future directions. 


2012 ◽  
Vol 7 ◽  
pp. 35-39 ◽  
Author(s):  
Liz Cairns ◽  
Maree Dyson ◽  
Sally Canobi ◽  
Nic Vipond

The use of contemporaneous evaluation in personal injury insurance enables schemes to maintain and enhance their viability through access to quality information on cost, liabilities and outcomes. Best practice in research programs in the sector requires data on client outcomes and financial performance to be collected. This article presents a case study of the research and evaluation program for the National Serious Injury Service of New Zealand's Accident Compensation Corporation.


2019 ◽  
Vol 3 (Supplement_1) ◽  
pp. S492-S493
Author(s):  
Amy K Drahota ◽  
Bethany E Keenan ◽  
Chantelle Lachance ◽  
Lambert Felix ◽  
James P Raftery ◽  
...  

Abstract Falls in hospitals and care homes are a major issue of international concern. Falls cost the US $34 billion a year, with injurious falls being particularly life-limiting and costly. Shock-absorbing flooring decreases the stiffness of the ground surface to reduce the impact of a fall. There is a growing body of evidence on flooring for fall-related injury prevention, however no systematic review exists to inform practice. We systematically reviewed the evidence on the clinical and cost-effectiveness of shock-absorbing flooring use for fall-related injury prevention in care settings. We searched six databases, clinical trial registries, conference proceedings, theses/dissertations, websites, reference lists, conducted forward citation searches, and liaised with experts in the field. We conducted study selection, data collection, and critical appraisal independently in duplicate. We evaluated the influence of shock-absorbing flooring on fall-related injuries, falls, and staff work-related injuries. We adopted a mixed methods approach considering evidence from randomised, non-randomised, economic, qualitative, and implementation studies. We assessed and reported the quality of outcomes using the GRADE approach and Summary of Findings Tables. This review, conducted over the course of 2019, summarises the certainty of the evidence on whether and which shock-absorbing floors influence injuries from falls, the chance of someone falling over, and work-related injuries in staff (e.g. from manoeuvring equipment across softer floors). Our findings are applicable to health and social care professionals, buildings and facilities managers, carers, older adults, architects, and designers. Funded by National Institute for Health Research, Health Technology Assessment (ref 17/148/11); registered in PROSPERO (CRD42019118834).


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