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Relief for injuries: accident compensation, civil claims, disciplinary proceedings and The Code Books on ACC, Authors - New Zealand Law Society & others

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Titles: New Zealand Law Society seminar : Accident insurance - the new disputes regime
NZLS seminar
Authors: Edwards, Barrie Miller, John New Zealand Law Society

Place : Publisher: Wellington: The Society
Publ Year: 1999
Call Number: KN181.8.L1 NEW
Subjects: ACCIDENT INSURANCE - NEW ZEALAND
ACCIDENT COMPENSATION - NEW ZEALAND
PERSONAL INJURIES - NEW ZEALAND
Jurisdiction: New Zealand
Statutes: Accident Insurance Act 1998
Collation: 183 p
Series: NZLS seminar
General Notes: 1999
Type of Material: Text
Copies
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Library Holdings Shelf Location
NZLS Library - Auckland BAYS 7-11 (Storage: Copy 2)
NZLS Library - Canterbury Copy 1 Texts, level 1
NZLS Library - Canterbury Copy 2 Homersham Place
NZLS Library - Otago Mooney's Storage
NZLS Library - Wellington TEXT
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Titles: New Zealand Law Society seminar : Competitive delivery of accident compensation
NZLS seminar
Authors: Ireland, David Stevenson, Jim

New Zealand Law Society
Place : Publisher: Wellington: The Society
Publ Year: 1999
Call Number: KN181.8.L1 NEW
Subjects: ACCIDENT COMPENSATION - NEW ZEALAND
Jurisdiction: New Zealand
Statutes: Accident Insurance Act 1998
Collation: 62 p
Series: NZLS seminar
General Notes: 1999
Type of Material: Text
Copies
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NZLS Library - Auckland BAYS 7-11 (Copy 2 : Storage)
NZLS Library - Canterbury TEXT
NZLS Library - Otago Mooney's Storage
NZLS Library - Wellington TEXT
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Titles: Personal injury : prevention and recovery : report on the accident compensation scheme
New Zealand. Law Commission. Report no. 4
Authors: New Zealand. Law Commission

Place : Publisher: Wellington: The Commission
Publ Year: 1988
Call Number: KN181.8.L1 NEW
Subjects: ACCIDENT COMPENSATION - NEW ZEALAND
LAW REFORM - NEW ZEALAND
Jurisdiction: New Zealand
Collation: 242 p
Series: New Zealand. Law Commission. Report
no. 4
Resource: New Zealand. Law Commission. Report : no. 4
General Notes: 1988
ISSN: 01132334
Type of Material: Text
Copies
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Library Holdings Shelf Location
NZLS Library - Auckland BAYS 7-11 (Storage: Copy 2)
NZLS Library - Canterbury BAYS 29-33, 45-46
NZLS Library - Otago Mooney's Building
NZLS Library - Wellington Journals
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Posted 19 October 2012 - 10:11 PM

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Titles: Personal injury litigation - a practical approach
Authors: New Zealand Law Society

Place : Publisher: Wellington: New Zealand Law Society
Publ Year: 2002
Call Number: KN38.1.L1 PER
Subjects: PERSONAL INJURIES - NEW ZEALAND
ACCIDENT COMPENSATION - NEW ZEALAND
Jurisdiction: New Zealand
Statutes: Injury Prevention, Rehabilitation, and Compensation Act 2001
Collation: 192 p
Contents Note: Contents: Introduction: personal injury litigation in New Zealand / David Collins - ACC - the new legislation / Andrew Cadenhead and Stephen Harrop - Causes of action and related issues / Bruce Corkill - Nervous shock: the law and medical classifications / Toni Marks and Geoff McLay - Time limits: the first and often last hurdle faced by victims of personal injury / Antonia Fisher and Belinda Clausen - Compensatory and exemplary damages for personal injury in New Zealand: a practitioner's primer / Jo Manning - Other forms of relief / Wendy Brandon - Pushing the limits - David Collins
General Notes: 2002
Type of Material: Text
Copies
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NZLS Library - Auckland BAYS 7-11 (Storage: Copy 2)
NZLS Library - Canterbury TEXT
NZLS Library - Otago Mooney's Storage
NZLS Library - Wellington TEXT
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Posted 19 October 2012 - 10:12 PM

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Titles: Preventing low back injuries : data analysis ACC 543
Authors: Accident Rehabilitation and Compensation Insurance Corporation

Place : Publisher: [Wellington]: Accident Rehabilitation and Compensation Insurance Corporation
Publ Year: 1998
Call Number: KN181.8.L1 ACC
Subjects: ACCIDENT COMPENSATION - NEW ZEALAND
PERSONAL INJURIES - NEW ZEALAND
OCCUPATIONAL HEALTH - NEW ZEALAND
Jurisdiction: New Zealand
Collation: 26 p
General Notes: 1998
ISBN: 0478108540
Type of Material: Text
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NZLS Library - Wellington TEXT
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Posted 19 October 2012 - 10:13 PM

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Titles: Preventing low back injuries : literature review ACC 544
Authors: Accident Rehabilitation and Compensation Insurance Corporation

Place : Publisher: : Accident Rehabilitation and Compensation Insurance Corporation
Publ Year: 1998
Call Number: KN181.8.L1 ACC
Subjects: ACCIDENT COMPENSATION - NEW ZEALAND
PERSONAL INJURIES - NEW ZEALAND
OCCUPATIONAL HEALTH - NEW ZEALAND
STATISTICS - NEW ZEALAND
Jurisdiction: New Zealand
Collation: 60 p
General Notes: 1998
ISBN: 0478108575
Type of Material: Text
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NZLS Library - Wellington TEXT
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Posted 19 October 2012 - 10:14 PM

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Titles: Providing advice and representation on ACC review and appeals process CLE seminar papers
Authors: Beattie, MJ, Judge Cadenhead, J, Judge Schmidt, Philip G
Auckland District Law Society. Continuing Legal Education

Place : Publisher: Auckland: ADLS
Publ Year: 2005
Call Number: KN181.8.L1 AUC
Subjects: ACCIDENT COMPENSATION - NEW ZEALAND
PRACTICE & PROCEDURE
Jurisdiction: New Zealand
Collation: 34 p
Contents Note: Contents: Preparing for review hearings / Philip Schmidt -- A sketch of some issues pertaining to the appellate jurisdiction and practice of the District Court concerning accident compensation appeals / Judges MJ Beattie and J Cadenhead
Series: CLE seminar papers
General Notes: 2005
Type of Material: Text
Copies
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Library Holdings Shelf Location
NZLS Library - Auckland BAYS 7-11 (Also in 2005 CLE volume, KB1.L1 AUC) (Storage: 1 copy)
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NZLS Library - Wellington JOURNALS
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Posted 19 October 2012 - 10:16 PM

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Titles: Relief for injuries: accident compensation, civil claims, disciplinary proceedings and The Code
Authors: New Zealand Law Society

Place : Publisher: : New Zealand Law Society
Publ Year: 1997
Call Number: KN181.8.L1 NEW
Subjects: ACCIDENT REHABILITATION & COMPENSATION INSURANCE CORPORATION (NZ)
ACCIDENT COMPENSATION - NEW ZEALAND
MEDICAL LAW
Accidents, Medical negligence
Jurisdiction: New Zealand
Statutes: Accident Compensation Act 1982
Accident Rehabilitation and Compensation Insurance Act 1992
Health and Disability Commissioner Act 1994
Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996
Collation: 111 p
Contents Note: Contents: ACC issues / Gerard McGreevy -- Interface between ACC and the common law: miscellaneous issues / Bruce Corkill -- Nervous shock / Dr David Collins -- Exemplary damages / John Miller -- Compensation outside the accident compensation legislation / Kate Davenport and Sarah Caughey -- The Code of Health and Disability Services Consumers' Rights/ Ron Paterson -- Procedures under the Health and Disability Commissioners Act 1994 / Annie Fraser -- Medical practitioners' disciplinary system:
the new structures / Wendy Brandon
General Notes: 1997

Type of Material: Text
Copies
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Posted 19 October 2012 - 10:17 PM

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Titles: Report of select committee on compensation for personal injury in New Zealand
Authors: New Zealand. Select Committee on Compensation for Personal Injury in N.Z.

Place : Publisher: Wellington: Government Printer
Publ Year: 1970
Call Number: KN181.8.L1 NEW
Subjects: PERSONAL INJURIES - NEW ZEALAND
ACCIDENT COMPENSATION - NEW ZEALAND
Jurisdiction: New Zealand
Collation: 84 p.
Contents Note: Chairman: G.F. Gair
General Notes: 1970
Type of Material: Text
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Posted 19 October 2012 - 10:18 PM

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Titles: Report of the ACC regulations review panel - to Hon Bruce Cliffe, Minister for Accident and Compensation Insurance
Authors: New Zealand. ACC Regulations Review Panel

Place : Publisher: [Wellington]:
Publ Year: 1994
Call Number: KN181.8.L1 ACC
Subjects: ACCIDENT COMPENSATION - NEW ZEALAND
Jurisdiction: New Zealand
Statutes: Accident Rehabilitation and Compensation Insurance Act 1992
Collation: 64 p
Contents Note: review of the Regulations which have been made under the Accident Rehabilitation and Compensation Insurance Act 1992
General Notes: 1994
Type of Material: Text
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Titles: Review by Officials Committee of the Accident Compensation Scheme
Authors: Chapman, Jeffrey Thomas

Place : Publisher: Wellington: Office of the Minister of Labour
Publ Year: 1986
Call Number: KN181.8.L1 NEW
Subjects: ACCIDENT COMPENSATION - NEW ZEALAND
Jurisdiction: New Zealand
Collation: 2 v
Contents Note: Chaired by: JT Chapman
General Notes: 1986
Type of Material: Text
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Posted 19 October 2012 - 10:25 PM

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Titles: Review of the Accident Compensation scheme : submission to the Law Commission on behalf of the board and senior management of the Accident Compensation Corporation
Authors: Accident Compensation Corporation (NZ)

Place : Publisher: Wellington: Govt. Printer?
Publ Year: 1987
Call Number: KN181.8.L1 ACC
Subjects: ACCIDENT COMPENSATION - NEW ZEALAND
Jurisdiction: New Zealand
Collation: 44 p.
General Notes: 1987
Type of Material: Text
Copies
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Library Holdings Shelf Location
NZLS Library - Auckland BAYS 7-11
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Titles: Tort in transition : a New Zealand collection of cases and materials on tort in the accident compensation era
Authors: McKenzie, PD

Palmer, GWR
Clark, RS
Barton, GP
Place : Publisher: Wellington: Fourth Estate Books Ltd
Publ Year: 1976
Call Number: KN30.L1 MAC
Subjects: TORTS - NEW ZEALAND
ACCIDENT COMPENSATION - NEW ZEALAND
CASEBOOKS - NEW ZEALAND
Jurisdiction: New Zealand
Collation: 474 p
General Notes: 1976
Type of Material: Text
Copies
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NZLS Library - Auckland STORAGE
NZLS Library - Canterbury MEZZANINE BAYS 50-54
NZLS Library - Otago Texts, Mooneys Building
NZLS Library - Wellington TEXT
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Titles: Tort, accident compensation and employment
University of Auckland. Faculty of Law. Legal update series
Authors: Manning, Joanna
Tobin, Rosemary Hodge, Bill Huscroft, Grant
University of Auckland. Faculty of Law
Place : Publisher: Auckland: University of Auckland, Faculty of Law
Publ Year: 1994
Call Number: KN30.L1 MAN
Subjects: TORTS - NEW ZEALAND
ACCIDENT COMPENSATION - NEW ZEALAND
EMPLOYMENT - NEW ZEALAND
Jurisdiction: New Zealand
Collation: 37 p
Contents Note: Contents: Recent developments in tort -- Recent developments in accident compensation : mental injury -- Recent developments in employment law -- Appendix A. Good faith bargaining -- Appendix B. Proposed amendments to the ECA.
Series: University of Auckland. Faculty of Law. Legal update series
General Notes: 1994
Deloitte Haskins & Sells v National Mutual Life Nominees Ltd [1993] 3 NZLR 1
Clark Boyce v Mouat [1993] 3 NZLR 641
Type of Material: Text
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NZLS Library - Auckland STORAGE
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Posted 07 December 2012 - 07:47 PM

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Year
Title Edition Author Format
1995
Accident Compensation 1995 Wilson, Bill

Text
2002
Injury Prevention, Rehabilitation, and Compensation Act and analysis Jegatheeson, Param

Text
1993
Matters of life and death : the Accident Rehabilitation and Compensation Insurance Act 1992 and common law claims for personal injury Harrison, Rodney

Text
1999
New Zealand Law Society seminar : Accident insurance - the new disputes regime Edwards, Barrie
Miller, John

Text
2002
Personal injury litigation - a practical approach Text
1998
Preventing low back injuries : data analysis Text
1998
Preventing low back injuries : literature review Text
1971
Record of jury awards in actions heard in Wellington from January 1967 for damages for personal injury or death Text
1970
Report of select committee on compensation for personal injury in New Zealand Text

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Titles: Relief for injuries: accident compensation, civil claims, disciplinary proceedings and The Code
Authors: New Zealand Law Society
Place : Publisher: : New Zealand Law Society
Publ Year: 1997
Call Number: KN181.8.L1 NEW
Subjects: ACCIDENT REHABILITATION & COMPENSATION INSURANCE CORPORATION (NZ)
ACCIDENT COMPENSATION - NEW ZEALAND
MEDICAL LAW
Accidents, Medical negligence
Jurisdiction: New Zealand
Statutes: Accident Compensation Act 1982
Accident Rehabilitation and Compensation Insurance Act 1992
Health and Disability Commissioner Act 1994
Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996
Collation: 111 p
Contents Note: Contents: ACC issues / Gerard McGreevy -- Interface between ACC and the common law: miscellaneous issues / Bruce Corkill -- Nervous shock / Dr David Collins -- Exemplary damages / John Miller -- Compensation outside the accident compensation legislation / Kate Davenport and Sarah Caughey -- The Code of Health and Disability Services Consumers' Rights/ Ron Paterson -- Procedures under the Health and Disability Commissioners Act 1994 / Annie Fraser -- Medical practitioners' disciplinary system:
the new structures / Wendy Brandon
General Notes: 1997
Type of Material: Text
Copies
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NZLS Library - Auckland BAYS 7-11 (Storage: copy 2)
NZLS Library - Canterbury TEXT
NZLS Library - Wellington TEXT
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Social Media and the Law
Publication Date: 02-Apr-2012

Authors: Richard Best and Andrew Scott-Howman
NZ $60.00
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Legal Aid Essentials: Life under the 2006 Amendment Act
Publication Date: 08-Feb-2007

Author(s): Frances Blyth, Steven Zindel, David More, Sue England, Robyn Nicholas, Paula Werahiko
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________________________________________________

Personal Injury Litigation - a practical approach

Publication Date: 22-Apr-2002

Author(s): Wendy Brandon, Andrew Cadenhead, Dr David Collins QC, Bruce Corkill, Antonia Fisher, Stephen Harrop, Dr Toni Marks, Jo Manning, Geoff McLay
NZ $60.00
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_______________________________________________

Competitive Delivery of Accident Compensation
Publication Date: 15-Feb-1999

Author(s): David Ireland, Jim Stevenson
NZ $30.00
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_________________________________________

Personal Injury Litigation - a practical approach
Author(s): Wendy Brandon, Andrew Cadenhead, Dr David Collins QC, Bruce Corkill, Antonia Fisher, Stephen Harrop, Dr Toni Marks, Jo Manning, Geoff McLay
Published: 22 April, 2002

Pages: 192



http://www.lawyersed...l+approach.html
View contents page
http://www.lawyersed...ents%20page.pdf

Introduction

Personal injury litigation in New Zealand is a complex matrix. Competing policies have produced a series of ad hoc and inconsistent outcomes. The result is that New Zealand’s fledging law of personal injury litigation is complicated and unpredictable.

At the epicentre of New Zealand’s personal injury law is our accident compensation regime which, in the space of 30 years, has undergone five major statutory transformations:

Accident Compensation Act 1972;
Accident Compensation Act 1982;
Accident Rehabilitation and Compensation Insurance Act 1992;
Accident Insurance Act 1998; and
Injury Prevention, Rehabilitation and Compensation Act 2001.


When first introduced, New Zealand’s Accident Compensation Scheme was widely applauded as a commendable social response to the vagaries of common law personal injury litigation.

Undoubtedly, the common law provided a very clumsy and inappropriate mechanism for dealing with personal injury claims. The common law was:

haphazard in that it failed to compensate significant numbers of accident victims;
expensive for participants;
prone to long delays; and
not conducive to rehabilitation.


The model proposed by Sir Owen Woodhouse enunciated five general principles which provided the template for the 1972, and the 1982 statutes.

At the forefront of Sir Owen’s recommendations was the need to ensure those who suffered physical incapacity received “a real measure of monetary compensation for their losses”.

There was always room to debate whether or not the 1972 and 1982 statues provided “real” compensation in respect of lump sum payments. The 1972 regime provided a maximum lump sum payment of $7,000 for permanent loss or impairment of bodily function. That Act provided a maximum lump sum payment of $10,000 for pain and suffering, loss of enjoyment of life and disfigurement (maximum total $17,000).
The 1982 regime increased the maximum lump sum payment for permanent loss or impairment of bodily function to $17,000 (combined maximum $27,000).

There could be no debate about the inadequacy of lump sum payments under the 1992 statutory regime which was based upon a report published in the name of the Honourable WF Birch, “Accident Compensation: A Fair Scheme”.

The 1992 Act was born from concerns about:

the increasing costs of lump sum compensation for permanent disability; and
the “expanding boundaries” emerging from judicial interpretation of what constituted “personal injury by accident”.


Amongst the many key changes in the 1992 statute was the abolition of lump sum compensation – a move which was justifiably criticised as a fundamental breach of the social contract which underlay the original scheme.

Uppermost in the minds of those who criticised the 1992 Act was the fact Parliament maintained the prohibition against civil plans for compensatory damages, but at the same time failed to provide victims of accidents with any lump sum compensation. The regime that emerged after 1992 was often described by commentators at the time as New Zealand’s “no fault, no compensation scheme”.

It is no coincidence that most developments and challenges to the boundaries of the common law relating to personal injury occurred after the commencement of the Accident Rehabilitation and Compensation Insurance Act 1992. Since 1992 the boundaries of the common law have been tested by:

attempts to extend the role of exemplary damages;
reintroduction of litigation arising from “nervous shock”;
attempts to redress inequities in the Limitation Act 1950; and
extensions of the scope of common law claims based on negligence, breaches of fiduciary duty, and breaches of Bill of Rights duties.


Parliament also responded to the inequities exposed by the 1992 Accident Compensation regime and restrictions imposed by the common law. Examples of Parliament’s ad hoc responses included:

Section 397 of the Accident Insurance Act 1998, which overturned the Court of Appeal’s judgment in Daniels v Thompson and negated the effect of the Privy Counsel’s judgment in W v W .
As a result, victims of criminal offending who have ACC cover can sue for exemplary damages. Persons who do not have ACC cover are still precluded from suing for exemplary damages in relation to criminal offences.
Sections 52 to 57 of the Health and Disability Commissioner Act 1994, which enables claims for breaches of the Code of Health and Disability Consumer’s Rights to be heard by the Human Rights Review Tribunal. As a result, those whose rights are breached under the Code can claim up to $200,000 damages before the Human Rights Review Tribunal. Included in the claims which can be made are those for exemplary damages.


Personal injury litigation presents many challenges for lawyers in New Zealand. Those who practice in this field must endeavour to steer a chart through tortuous legislation such as the Injury Prevention, Rehabilitation and Compensation Act 2001. Practitioners must also keep abreast of rapidly emerging changes to the common law. Above all else, lawyers must make difficult assessments about the merits of a client’s potential claim and the economic benefits of pursuing a claim. The absence of any significant body of case law makes the last task particularly difficult. For example, in the sphere of nervous shock, whilst there have been a number of proceedings commenced and successfully concluded on behalf of plaintiffs, all have settled on a confidential basis thereby depriving those unfamiliar with the cases with any meaningful guide on the “value” they should place on a claim and whether or not it should settle.

Today we hope we will be able to shed some light on some of the mystery that surrounds personal injury litigation in New Zealand. To assist, the New Zealand Law Society has been fortunate to assemble many of the practitioners who have been at the forefront of personal injury litigation over the past ten years. Your speakers today include lawyers who have argued the leading cases before the High Court, Court of Appeal and Privy Council as well as the Chairperson of the Medical Practitioners Disciplinary Tribunal. In addition to practitioners, we have two leading academics who have won wide acclaim for their analysis of various features of New Zealand’s personal injury law. We are also fortunate to have Dr Toni Marks who will address a number of medical issues associated with nervous shock claims. Dr Marks is one of New Zealand’s leading psychiatrists and has worked very closely with the legal profession for a number of years.

We hope you will find the papers and presentations informative.


Dr David Collins QC
Wellington


___________________________

Competitive Delivery of Accident Compensation
Author(s): David Ireland, Jim Stevenson
Published: 15 February, 1999
Pages: 62
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Competitive Delivery of Accident Compensation
1. Introduction
1
2. Main Features of the Act
2
3. Scheme of the Act
4
General layout
4
Cover
4
Cover for employees
4
Private domestic workers
6
Statutory entitlements
6
4. Regulatory environment
13
Registrar and regulator
13
Functions of registrar
13
Functions of regulator
13
Registration of insurers
14
Registration
14
Application for registration
14
Criteria for registration as insurer
14
Registrar and register
15
Removal from register
17
Suspension of obligation to enter new insurance contracts
17
Prudential supervisors
18
Persons who may act as prudential supervisors
18
Conflict of interest
18
Duties of prudential supervisors
18
Liability of prudential supervisors
19
Termination of appointment as prudential supervisor
19
Trust deeds
20
Contents of trust deeds
20
Mandatory charge
20
Registration of trust deeds
21
Amendment of registered trust deed
21
Disclosure of information
21
Ancilliary powers of the regulator
22
Insolvent Insurers Fund and Non-Compliers Fund
22
5. Contracting in the accident insurance market
23
Nature of the contract
23
Insurable interest
24
Legal entitlement to payment
25
Utmost good faith
25
Implied contractual terms
26
When is the contract created?
28
Contractual obligations under the Act
29
Employers
29
Self-employed and private domestic workers
31
The insurer
32
Employees
34
Misrepresentation and non-disclosure and other breaches
35
Contractual options
38
Selection of insurer
38
Level of benefits
39
Self insurance and risk-sharing
39
Captive insurers
39
Termination of the contract
39
Taxation implications
42
6. The claims process - Part 4 of the Act
43
Procedure
43
Revisions of decisions
44
7. Disputes process
46
Who can apply for review? (s 135)
46
Insurer’s decision continues
46
Procedure
46
Role of reviewer
46
The review hearing
47
The reviewer’s decision
48
Costs and expenses
48
Appeals
49
Procedure in the district court
49
Assessors
49
Further appeals
50
Appeal costs
50
The position of the insured during disputes
50
Appendix
53
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