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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