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2008 N.Z. L. Rev. 27 (2008)
Boundary Disputes in the ACC Scheme and the No-Fault Principle

handle is hein.journals/newzlndlr2008 and id is 39 raw text is: Boundary Disputes in theACC Scheme and the No-Fault Principle GRANT DUNCAN* The Woodhouse Report is most widely rememberedfor its recommen- dation to remove claims for compensationfor personal injury from the New Zealand courts, and instead to refer allpersonal injury cases to a social insurance providerfor assessment of cover on a no-fault basis. But the Woodhouse Commission had a wider concern to reduce or prevent allforms of adversarial litigation, notjust negligence actions. Hence, the Woodhouse Commission ' vision for a state monopoly that comprehensively covers work-related and off-the-job injuries, as well as non-earners, on a universal basis has the advantage of avoiding much litigation about cover and about the distribution of liabilities. The Woodhouse Commission even recognized that the distinction between accident and illness, as causes of disability that attract different entitlements, would eventually need to be overcome by a full extension of its principles. Unfortunately, in spite of cross-party support for the Woodhouse principles, successive governments have tinkered with theACC scheme in ways that reintroduce such disputes and litigation, and there is a limited appreciation of the scope of the Woodhouse Commission 's desire to prevent litigation. This article looks at two recent cases that highlight the problems that remain within the ACC scheme, and suggests that the Woodhouse principles have yet to be fully and consistently adopted by Parliament. Introduction One of the crucial lessons of the Woodhouse Report concerns the preven- tion of litigation. The Woodhouse Commission rightly perceived that, if *Senior Lecturer, Massey University.

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