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District Court case delays to be heard. just how long?

#1 User is offline   fairgo 

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Posted 29 November 2004 - 03:14 PM

It has been brought to our attention that one of our members has been waiting 19 months to have a District Court case heard. The appeal relates to Vocational Independence and the ensuing removal of ERC.

Is anyone else having to wait this inordinate amount of time?

Has anyone heard why cases are taking so long to get to court?

What are the criteria for deciding which cases are heard?

What is the average length of time people are waiting?
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#2 User is offline   magnacarta 

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Posted 29 November 2004 - 03:51 PM

Fairgo's comments about inordinate delay's in setting-down dates for hearings in the District Court is timely. There are also other claimants who have been waiting for a Court hearing date for more than 20 months.

There is either a shortage of Court staff, a shortage of Judges, or both. Or ACC is deliberately causing the delays.

This can be easily fixed by requiring ACC to pay more money towards the costs of appeals and judges pursuant to s.164 of the Act.

There is another possibility, God forbid. There are allegations swirling around that there is collusion taking place to stop claimants getting to court in a timely fashion so that ACC can retain its money to invest and receive a financial return for as long as it can.

In the District Court generally, it takes on average 126 days to get to a hearing - so why the inordinate delays in this jurisdiction??????

What possible reason could there be???

The State Services Commission has oversight of the Justice Department. If there are concerns with unreasonable delay's in your case, lodge a complaint by sending an email to chris.baas@ssc.govt.nz
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#3 User is offline   MG 

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Posted 29 November 2004 - 05:04 PM

I do have to say that fast appeals are not necessarily in claimants' best interests. It takes time and a lot of hard work to prepare a case for appeal. ACC has a battery of experts on hand to demolish appeals brought against them. Claimants and their advocates often operate at a tactical disadvantage. If appeals are brought without sufficient preparation, claimants can expect to lose more often.
That said, 19 months for a VI appeal is probably too long. It would be interesting to compare with other District Court civil litigation, though. My impression is that these cases take a long time, too.
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#4 User is offline   doppelganger 

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Posted 29 November 2004 - 05:52 PM

the ACC know tat they are i the wrong. cases should be done on first come first heard unless there is a genuine reason for the delay. ACC has no reason to delay unless they made the wrong decision.
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#5 User is offline   ernie 

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Posted 30 November 2004 - 11:47 AM

Some Questions Sue Bradford asked in Parliament earlier this year shed some light on the growing problem of delays. Look at this:

Parliamentary Questions for Written Answer:
2541 (2004). Sue Bradford to the Minister for Courts (15 March 2004):
As of 31 December of each of the years 1999 to 2003, how many appeals to the District Court, if any, against Accident Compensation review decisions had been lodged but not yet determined, settled or otherwise disposed of by the District Court?

Hon Rick Barker (Minister for Courts) replied: The number of appeals filed in the District Court against Accident Compensation review decisions that had yet to be determined, settled or otherwise disposed of at 31 December in each of the years 1999 to 2003 is as follows:


1999 468
2000 522
2001 598
2002 786
2003 928


And...

2542 (2004). Sue Bradford to the Minister for Courts (15 March 2004):
Of the appeals, if any, lodged in the District Court against Accident Compensation review decisions in each of the years 1999 to 2002, how many appeals were determined or settled or otherwise disposed of by the District Court within each of the following time periods: 0 to 4 weeks, 4 to 8 weeks, 8 to 12 weeks, 12 to 20 weeks, 12 to 20 weeks, 20 to 24 weeks, 24 to 28 weeks, 28 to 32 weeks, 32 to 36 weeks, 36 to 40 weeks, 40 to 44 weeks, 44 to 48 weeks, 48 to 52 weeks, more than 52 weeks, or the determination by the District Court is still pending?

Hon Rick Barker (Minister for Courts) replied: See the attached document

Attachment to reply


Yes, believe it or not, as of 15 March of this year, there were still 8 cases awaiting hearing in the District Court from 1999, 22 from 2000 and 96 from 2001.

The wheels of justice turn ever so slowly.
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#6 User is offline   doppelganger 

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Posted 30 November 2004 - 02:32 PM

just for a COE as he loves figures.

in 2000 there was a 11% increase in cases awaiting to be heard
In 2001 tere was a 14% increase
In 2002 there was a 44% increase
In 2003 there was a 18% increase in the cases awaitingtobe heard, in 4 years the increase of cases awaiting to be heard has increased by 100% plus. In 2003 if my memory serves me right I don't think that therewas 928 cases heard. think that should see how many cases are heard for the years.
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#7 Guest_IDB_*

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Posted 30 November 2004 - 03:25 PM

This turned up with a question attached:


Just who are the legal team and legal advisors to the corporation?

Who is it that instructs and directs the ACC legal team and ACC legal opinions given to ACC staff?

Attached File(s)


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#8 User is offline   magnacarta 

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Posted 30 November 2004 - 04:19 PM

IDB - where did the above photo profile of lawyers come from because it says Mechen and Vlatkovich have appeared "numerous times" -

The Brooker's CDROM of ACC Cases has been checked and lawyers Mechen only appears in cases 6 times (3 claimants) and Vlatkovich 4 times.

If that's correct, its hardly numerous!!!!! Is this another case of ACC misinformation to the public????
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#9 Guest_IDB_*

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Posted 30 November 2004 - 06:23 PM

hi, dont know where it originated, but did a google search and this site turned up:

Auckland District Law Society

http://www.adls.org.nz/

http://www.adls.org....t.asp?page=1573

ACC Claims: Practice, Procedure and Prosecutions

Seminar Date - Monday 14 June

Seminar Registration Form (in Adobe Acrobat PDF Format)
Focus:

A practical overview of how to navigate the claims process with the Accident Compensation Corporation, and how to defend criminal prosecutions for fraudulent claims.
Topics:

* Overview of legislation
* Advising and assisting clients in making claims
* The claims process
* Reviews of decisions
* Appeals
* Defending criminal prosecutions

.....................

.....................

Chair:

Brian Carter, Barrister, CLE Committee member

* Monday 14 June 2004
* 4:30 pm - 6:30 pm
* Crowne Plaza Hotel, Albert Street, Auckland
* $125 (incl GST) for ADLS members and associate members
* $180 (incl GST) for non members

CODE: 1321
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#10 Guest_IDB_*

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Posted 30 November 2004 - 06:34 PM

found it, looks like it originated here:

http://www.adls.org....inars/cle50.asp
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#11 User is offline   MG 

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Posted 15 December 2004 - 09:31 AM

A recent win on a vocational independence case might brighten things up a bit.
Judge Cadenhead has just ruled that ACC was wrong to declare a 63 year old man with a serious hearing loss injury capable of working fulltime as a sales representative. He was critical of ACC for failing to disclose all relevant medical reports to its medical assessor and said failure to do so might imply "doctor shopping" by ACC to get the results it wanted.
I have to say this was one of my cases and I am extremely pleased with the outcome. This was the second time in three years ACC have had a crack at my client and, each time, we have beaten them off.
One aspect the Judge did not comment on was the fact that Anne Potter, the occupational assessor, saw fit to include in the list of the claimant's transferrable skills the fact that he had a Boy Scout wood chopping badge.
The case is: "Naish v ACC (383/2004)".
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#12 User is offline   flowers 

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Posted 15 December 2004 - 11:51 AM

Wood badge or wood chopping badge, vastly different.
Is this another case of incompetent arsessors padding their bullshit reports with exrtaeronious drivel to pad out yet another exit report?????????
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#13 User is offline   MG 

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Posted 15 December 2004 - 01:31 PM

Wood chopping badge. I'll have to hunt the report out and see what jobs the assessor said it qualified to person to do. However, the Judge wasn't having a bar of it, although his decision focused on the flaws in the medical assessment by Dr Keith Murray.
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#14 User is offline   hukildaspida 

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Posted 27 May 2014 - 05:32 PM

Has the waiting time improved?

Or has it become worse??

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#15 User is offline   not their victim 

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Posted 05 June 2014 - 01:37 PM

4 years and waiting....

acc assessor failed to appear under subpoena twice...

( actually Judge removed subpoena, and wrote invitation to attend-oh puleease...he broke the law by failing to attend 1st time!!!!)

being blocked from court, dates keep getting shifted back in 3 monthly allotments

given a list of instructions by former retired D/C Judge M Beattie....as to what I am allowed to present or not in court.....


screw that....if my injury and p[personal life is going to be plastered all over the internet, without my permission to do so, just because its in the Justice (acc arena)....


THEN ALL EVIDENCE OF IDENTITY THEFT, FRAUD, THEFT OF $$$, DELIBERATE OBSTRUCTION OF JUSTICE.....ETC ETC ETC


WILL BE SPOKEN OUT WITH A LOUDHAILER FROM THE STAND, UNDER OATH...FOR THE WHOLE WORLD TO HEAR....AS IN THE TRUTH OF ALL CORPORATE MALFEASANCE WILL BE REVEALED


( and invitation for my 2 friendly investigative journalists, and hopefully TV Cameras)
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