ACC

Question 1

What is ACC in NZ?

Answer 1

Accident Compensation Act 2001

Compensation, “no fault” regime that replaced the common law right to sue for personal injury by accident

Question 2

Reasoning for ACC system

Answer 2

1) Very few accident victims received adequate compensation via tort system (lottery as challenging to prove ‘fault)’

2) Timely Litigation: Delays in receiving compensation problematic (often crucial for victims to seek care/rehabilitation)

3) Tort system costly/corrupt: significant portion of costs became channeled towards insurance companies & lawyers

Question 3

What did DePuy establish?

Answer 3

Facts: NZ resident had faulty prosthetic hip, manufactured in UK

Plaintiff received ACC cover but also sued for damages

CA held s.317 applied to bar claims even where the conduct giving rise to the claim occurred overseas

Question 4

Doneselaar v Doneselaar

Answer 4

Facts: Family dispute which ended in one brother hitting the other with a hammer

Claim for exemplary damages granted despite cover for injury under ACC

Question 5

What does s 317 (1) bar?

Answer 5

s 317(1) bars compensatory damages for physical injury caused by accident that are covered under ACC

However, under s 319 exemplary damages still available

Question 6

What does s 26 outline as constituting ‘personal injury’?

Answer 6

Injuries by an accident :

1) Mental injury arising from physical injury

2) Work-related disease/strokes or mental injury,

3) Disease that arises from treatment for personal injury

4) Mental injury caused by specific criminal acts

Question 7

What does s 25 define an ‘accident’ as?

Answer 7

Accident entails:
a specific event or a series of events, other than a gradual process