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The injured right to be heard

#1 User is offline   Alan Thomas 

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Posted 11 July 2019 - 12:59 PM

There appears to be an anomaly in the legal system whereby a brain injured person becoming physically, intellectually and financially incapacitated due to the injuries then being deprived of legal aid is expected to prepare and represent their own submissions when challenging the ACC at review hearing and the District Court.


What is the nature of the problem when we see this occurring?


What can we do about it?

It seems to me that it is more probable than not that those who are injured and challenge ACC decisions that have been made on balance of probability rather than adhering to the legislated criteria and therefore seeking justice are going to be having a greatly reduced opportunity to correct the wrongs of the ACC.

In addition it seems to me that as the ACC win more and more cases that there is an imbalance of case law that end out misrepresenting the nature and intention of the legislation. What can we do about this?

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#2 User is offline   Hemi 

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Posted 11 July 2019 - 06:41 PM

View PostAlan Thomas, on 11 July 2019 - 12:59 PM, said:

There appears to be an anomaly in the legal system whereby a brain injured person becoming physically, intellectually and financially incapacitated due to the injuries then being deprived of legal aid is expected to prepare and represent their own submissions when challenging the ACC at review hearing and the District Court.


What is the nature of the problem when we see this occurring?


What can we do about it?

It seems to me that it is more probable than not that those who are injured and challenge ACC decisions that have been made on balance of probability rather than adhering to the legislated criteria and therefore seeking justice are going to be having a greatly reduced opportunity to correct the wrongs of the ACC.

In addition it seems to me that as the ACC win more and more cases that there is an imbalance of case law that end out misrepresenting the nature and intention of the legislation. What can we do about this?

Had you allowed the accforum to grow into a substantial wealth of knowledge and strength then you can answer your own question about what can you do Thomas.
Is this post of yours on Any particular case presently being attempted to wind its way thru acc and s kstgebostput. ?
the scenario shown appears to be a continual take of poor me just like yours.
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#3 User is offline   Alan Thomas 

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Posted 12 July 2019 - 10:34 AM

View PostHemi, on 11 July 2019 - 06:41 PM, said:

Had you allowed the accforum to grow into a substantial wealth of knowledge and strength then you can answer your own question about what can you do Thomas.
Is this post of yours on Any particular case presently being attempted to wind its way thru acc and s kstgebostput. ?
the scenario shown appears to be a continual take of poor me just like yours.


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#4 User is offline   Alan Thomas 

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Posted 12 July 2019 - 11:47 AM

So now that the United Nations has informed New Zealand that invalids seeking to challenge ACC decisions in the judicial system are being denied proper access to the court systems, what now? What is the progress thus far?
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#5 User is offline   Hemi 

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Posted 12 July 2019 - 11:53 AM

View PostAlan Thomas, on 12 July 2019 - 10:34 AM, said:

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Don’t be such a prat Thomas playing wee boys games
You asked a question
You were given an answer
What’s the matter?
Same old same old
You can’t handle the truth.

Fuk off and let the place run without your bullshit and lies
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#6 User is offline   Hemi 

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Posted 12 July 2019 - 11:55 AM

View PostAlan Thomas, on 12 July 2019 - 11:47 AM, said:

So now that the United Nations has informed New Zealand that invalids seeking to challenge ACC decisions in the judicial system are being denied proper access to the court systems, what now? What is the progress thus far?

None if you have a losing claim/s like yours
Plenty if you have a good valid case
Try it sometime Thomas.
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#7 User is offline   Alan Thomas 

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Posted 12 July 2019 - 02:21 PM

View PostHemi, on 12 July 2019 - 11:53 AM, said:

Don’t be such a prat Thomas playing wee boys games
You asked a question
You were given an answer
What’s the matter?
Same old same old
You can’t handle the truth.

Fuk off and let the place run without your bullshit and lies


Your type of behaviour is unacceptable on this site.
Reported

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#8 User is offline   Alan Thomas 

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Posted 12 July 2019 - 02:23 PM

View PostHemi, on 12 July 2019 - 11:55 AM, said:

None if you have a losing claim/s like yours
Plenty if you have a good valid case
Try it sometime Thomas.


Whether a case is valid or not is the subject of due process in the courtroom.

When a claimant is financially impoverished and unable to obtain legal counsel and is denied access to legal aid tthey are left to fend for themselves. The question I have posed is whether or not there is any legal basis to expect the claimant to represent themselves when they are rated by the medical profession is not having the capacity to defend themselves. please try to address the issues contained within this thread.

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#9 User is offline   Hemi 

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Posted 12 July 2019 - 02:40 PM

Then Do what most do thomas
Get representation
And stop preaching.
Your a long way off if ever of being the expert here thomas.
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#10 User is offline   Alan Thomas 

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Posted 12 July 2019 - 03:55 PM

View PostHemi, on 12 July 2019 - 02:40 PM, said:

Then Do what most do thomas
Get representation
And stop preaching.
Your a long way off if ever of being the expert here thomas.


You what to read the topic of the conversation a little bit more carefully so as to avoid getting off point.
This topic involves those who have become financially impoverished as a result of their injuries and lack of earnings or other income and are far too injured to represent themselves.

The topic is in the form of a question seeking help from the members of the site with regards to circumstances that meet the following criteria.


There appears to be an anomaly in the legal system whereby a brain injured person becoming physically, intellectually and financially incapacitated due to the injuries then being deprived of legal aid is expected to prepare and represent their own submissions when challenging the ACC at review hearing and the District Court.

What is the nature of the problem when we see this occurring?

What can we do about it?

It seems to me that it is more probable than not that those who are injured and challenge ACC decisions that have been made on balance of probability rather than adhering to the legislated criteria and therefore seeking justice are going to be having a greatly reduced opportunity to correct the wrongs of the ACC.

In addition it seems to me that as the ACC win more and more cases that there is an imbalance of case law that end out misrepresenting the nature and intention of the legislation. What can we do about this?

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#11 User is offline   tommy 

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Posted 12 July 2019 - 03:58 PM

View PostAlan Thomas, on 12 July 2019 - 02:23 PM, said:

Whether a case is valid or not is the subject of due process in the courtroom.

When a claimant is financially impoverished and unable to obtain legal counsel and is denied access to legal aid tthey are left to fend for themselves. The question I have posed is whether or not there is any legal basis to expect the claimant to represent themselves when they are rated by the medical profession is not having the capacity to defend themselves. please try to address the issues contained within this thread.

any advancements of .. your erc .. wc entitlements being restored …..allan ..
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#12 User is offline   tommy 

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Posted 12 July 2019 - 04:17 PM

View Posttommy, on 12 July 2019 - 03:58 PM, said:

any advancements of .. your erc .. wc entitlements being restored …..allan ..
you appear to have an issue allan whom is to support you , can you elaborate,
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#13 User is offline   tommy 

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Posted 12 July 2019 - 04:44 PM

View Posttommy, on 12 July 2019 - 04:17 PM, said:

you appear to have an issue allan whom is to support you , can you elaborate,

report back in a timely manner allan as in when you have a result ,, towards the corporation ,,,,,,,,,,,,,,,,as lost entitlements being restored ………….
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#14 User is offline   Alan Thomas 

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Posted 12 July 2019 - 05:51 PM

View Posttommy, on 12 July 2019 - 03:58 PM, said:

any advancements of .. your erc .. wc entitlements being restored …..allan ..


off topic
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#15 User is offline   Alan Thomas 

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Posted 12 July 2019 - 05:51 PM

View Posttommy, on 12 July 2019 - 04:17 PM, said:

you appear to have an issue allan whom is to support you , can you elaborate,


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#16 User is offline   Alan Thomas 

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Posted 12 July 2019 - 05:52 PM

View Posttommy, on 12 July 2019 - 04:44 PM, said:

report back in a timely manner allan as in when you have a result ,, towards the corporation ,,,,,,,,,,,,,,,,as lost entitlements being restored ………….


off topic
Reported
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#17 User is offline   Hemi 

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Posted 12 July 2019 - 07:07 PM

View PostAlan Thomas, on 12 July 2019 - 03:55 PM, said:

You what to read the topic of the conversation a little bit more carefully so as to avoid getting off point.
This topic involves those who have become financially impoverished as a result of their injuries and lack of earnings or other income and are far too injured to represent themselves.

The topic is in the form of a question seeking help from the members of the site with regards to circumstances that meet the following criteria.


There appears to be an anomaly in the legal system whereby a brain injured person becoming physically, intellectually and financially incapacitated due to the injuries then being deprived of legal aid is expected to prepare and represent their own submissions when challenging the ACC at review hearing and the District Court.

What is the nature of the problem when we see this occurring?

What can we do about it?

It seems to me that it is more probable than not that those who are injured and challenge ACC decisions that have been made on balance of probability rather than adhering to the legislated criteria and therefore seeking justice are going to be having a greatly reduced opportunity to correct the wrongs of the ACC.

In addition it seems to me that as the ACC win more and more cases that there is an imbalance of case law that end out misrepresenting the nature and intention of the legislation. What can we do about this?


1. Legal aid available to those in need
2. There are ones very experienced who are able to assist with such issues on a voluntary basis.
3 an example could be ones as like you creates a number 4 whereby you can represent yourself or others.
It is noted in many of your case records you are classed as being very much in knowledge of all acc laws etc so along with your case files and expertise it should be easy for you.
Perhaps you can explain to us what the answer you seek is as you of public record are most notable of experience in acc matters and all the courts of acc.
So what would you do thomas ???
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#18 User is offline   Hemi 

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Posted 12 July 2019 - 07:15 PM

View PostAlan Thomas, on 12 July 2019 - 02:23 PM, said:

Whether a case is valid or not is the subject of due process in the courtroom.

When a claimant is financially impoverished and unable to obtain legal counsel and is denied access to legal aid tthey are left to fend for themselves. The question I have posed is whether or not there is any legal basis to expect the claimant to represent themselves when they are rated by the medical profession is not having the capacity to defend themselves. please try to address the issues contained within this thread.

Never said it was
What plonker would try to gain entitlements without a valid case Thomas?
Anyone come to mind you could let us know about???
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#19 User is offline   Brucey 

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Posted 13 July 2019 - 03:30 PM

Any person applying for legal aid, must have a signed document from their lawyer stating that they believe their client has a good chance of winning the case, before it will even be considered.

I know this because of personal experience, as I was denied legal aid, when my lawyer could not make such an assurance.

I was denied the ability to file for an appeal, because of this requirement.

I was told by my lawyer that the requirement was a recent amendment to the rules, because vexatious litigants were abusing the system.
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#20 User is offline   Alan Thomas 

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Posted 13 July 2019 - 05:17 PM

View PostBrucey, on 13 July 2019 - 03:30 PM, said:

Any person applying for legal aid, must have a signed document from their lawyer stating that they believe their client has a good chance of winning the case, before it will even be considered.

I know this because of personal experience, as I was denied legal aid, when my lawyer could not make such an assurance.

I was denied the ability to file for an appeal, because of this requirement.

I was told by my lawyer that the requirement was a recent amendment to the rules, because vexatious litigants were abusing the system.


you may not in the case of ACC disputes legal aid services consult legal aid services consult the ACC with regards to what chance the ACC thinks that the case against them will be successful.

Legal aid services will then decide what category of lawyer is permissible in order to determine the rate that that lawyer will be paid and how many hours they think the case should take the lawyer to prepare. This is done without consult the claimants lawyer.

As far as I am aware no court has ever accused an ACC claimant of being vexatious. However I am aware that the ACC routinely makes such allegations when they do not want to be challenged by very valid and well reasoned cases against them concerning points of law that they interpret a different way.


As I just stated legal aid services consult with the ACC concerning such matters of law when determining whether or not legal aid will be granted.

So Brucey when your lawyer recommended an appeal they would have done so on what they thought to be a well-founded point of law that was not only in disagreement with the district court's decision that they were appealing.

Brucey are you aware as to whether or not legal aid services have a legal entitlement to determine what is a reasonable case and what is not? I always thought that that was up to the courts to decide. Just saying....

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