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 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 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 Occupationally related illness: its compensation and its prevention

1970 ◽  
Vol 10 (1) ◽  
Author(s):  
Ian B. Campbell
Keyword(s):  
New Zealand ◽  
Northern Hemisphere ◽  
Preventive Measures ◽  
Work Related ◽  
Accident Compensation

In the major industrialised nations of the Northern Hemisphere, it is now being recognised that the problem of work-related illness is one of considerable dimensions. Despite the advantage New Zealand enjoys with its Accident Compensation legislation, in such matters, we lag behind the best of overseas practice. The article examines the part that recognition of such illnesses for compensation purposes plays in highlighting the need for preventive measures and suggests that, unless more effort is put into research into causation and allied problems, the work connection will not be established. Thus, not only will compensation not be paid but also, preventive measures will not be instituted.

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.

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