ACC study 'wake-up call'

Peter Sara.
Peter Sara.
A big Dunedin study of recent ACC court appeals is a ''wake-up call'' for New Zealand to live up to its international obligations on the rights of people with disabilities, says Peter Sara, a Dunedin lawyer who has been dealing with ACC cases for more than 30 years.

Mr Sara was yesterday ''encouraged'' by the positive way Government ministers had responded to the report, released yesterday.

And ACC Minister Nikki Kaye had shown a ''courageous'' approach, saying she would consult fully with those affected.

In recent weeks, Government officials had suggested that appeals to the courts over ACC cases would be replaced by a proposed ACC Appeal Tribunal, but that controversial proposal has now been delayed, pending consultation.

''This is the beginning of a rethink,'' Mr Sara said.

A team of researchers, working with the University of Otago Legal Issues Centre, recently undertook a study of more than 500 court appeals involving ACC cases since 2009, on behalf of ACC claimant support group Acclaim Otago.

The study, backed by a $37,000 grant from the Law Foundation, starkly highlights the great disadvantages faced by ACC claimants trying to seek justice through court appeals, if they do not have legal representation.

Mr Sara said the report made ''sobering'' reading.

He noted that New Zealand had lobbied for the Convention on the Rights of Persons with Disabilities, and contributed to its development.

A United Nations committee monitoring New Zealand's compliance with the convention recently suggested that the Government should take a human rights-based approach to access to justice issues over the ACC appeals system, including the proposed tribunal.

''Integrity requires us to adhere to the spirit of our international obligations, not just the letter of it,'' Mr Sara said.

If New Zealand ultimately could not live up to its international duties involving injured people seeking access to justice, ''we should be squirming with shame'', he said.

The report's findings reflected ''heavyweight'' research, and New Zealanders now had to give ''very serious thought'' to improving access to justice for injured ACC claimants.

The reality for many ACC claimants without a lawyer was that although they could go into the courtroom and try to make their case, the outcome was often adverse.

Under such circumstances, the claimant's chances against well-resourced and expert lawyers for ACC were often ''illusory'', and the report showed claimants often did not receive a fair hearing.

New Zealand clearly needed to think again about ensuring experienced lawyers were available through a more adequately funded legal aid system to support clients in ACC cases.

Add a Comment

 

Advertisement