Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


ACC Rejects Justice and Fairness - National Day of Action

ACC Rejects Justice and Fairness - National Day of Action

Tomorrow advocacy groups around the country will be staging protests outside ACC offices in Auckland, Rotorua, Gisborne, Wellington, Dunedin and Invercargill to show their outrage at ACC’s treatment of Mike Dixon-McIver. Tomorrow will be Mr Dixon-McIver’s 47th day of his hunger-strike outside ACC’s head office in Wellington.

A dispute between Mr Dixon-McIver that has lasted for almost seven years was close to resolution last month with both parties all but agreeing to binding arbitration taking place that incorporated the optional justice and fairness provision under clause 28(3) of schedule 1 to the Arbitration Act, and which would’ve seen Mr Dixon-McIver end his protest and go home. The following day ACC without discussion withdrew its acceptance of including consideration of justice and fairness as part of the terms arbitration would proceed upon.

A representative of Mr Dixon-McIver said that ACC’s refusal to accept the justice and fairness opt-in under the Arbitration Act is proof that ACC never intended to enter into discussions in good faith with the objective of resolving the matter in a fair and just way.

“ACC agreed at the very beginning when mediation discussions began in May of this year that the objective was to fix the unfairness that has occurred in accordance with justice and fairness” Tony McGurk said.

“But because mediation involves the parties agreeing on how the dispute is resolved ACC was able to proceed as if that agreement didn’t exist.”

“Arbitration, on the other hand, is adjudicated and both parties must accept the result reached. Once ACC realised that it had dropped the ball by agreeing to include consideration of justice and fairness as a term of the arbitration it quickly backtracked and withdrew from that agreement. This, together with ACC’s complete disregard for the terms of the earlier mediation agreement show that ACC was at no time genuine in its claim that it wanted to resolve the matter in a fair and just way.”

“The ball is now in ACC’s court. It can resolve this dispute by agreeing to include consideration of justice and fairness as part of the terms of arbitration. Agreeing to this will not mean that ACC loses face. This is an opportunity for ACC to show the public that it is capable of being fair and just.

“It will also mean that Mr Dixon-McIver will end his protest and spend Christmas with his family.”

Brief history of the dispute Seven years ago ACC tried unsuccessfully to prosecute Mr Dixon-McIver for fraud. In 2008 those charges were thrown out before trial began and an award of full legal costs followed due to a finding by the District Court that ACC’s investigation and prosecution were negligent, there was no evidence of fraud whatsoever and that the prosecution should never have been brought. The whole ordeal destroyed what had been Mr Dixon-McIver’s successful business representing claimants in disputes with ACC, caused emotional breakdown and eventual bankruptcy. Mr Dixon-McIver is now seeking compensation for that damage.

Protest times and contact details:

Auckland: 12pm to 1pm, ACC offices on 18 Sales Street

Rotorua: 12pm to 2pm, ACC offices on Pukaki Street.
Hornfeck (07) 345 9853

Gisborne: 10am to 12pm, ACC offices, Kaiti Mall

Wellington: 10am onwards, meet at Railway Station.

Dunedin: 2pm to 4pm, ACC offices on corner of Maclaggan and Clark Streets,

Invercargill: 10am to 11am, ACC offices, Invercargill.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Anzac Issue Out Now: Werewolf 47

Alison McCulloch: Lest We Remember

Local iwi have plans to spruce up the Te Ranga site as part of the 150th commemorations this year of key battles in the “New Zealand Wars”, but not a lot of money to do it with.

Information gathered from numerous government agencies shows that while more than $25 million is being spent on monuments and commemorations relating to foreign wars, primarily World War I and its centenary, only around $250,000 has been set aside for those fought on our own soil. More>>

Anne Russell: Anzac Day - Identity Politics, With Guns

Even cursory research into media reports from the past forty years reveals a cultural shift in the commemoration of Anzac Day. Among other things, turnout at Dawn services has increased significantly in recent decades.

Contemporary numbers are estimated at 3,000-4,000 in Wellington, and 10,000-15,000 in Auckland. Newspaper reports from the 1970s and 80s estimated Wellington turnouts at 300-800, and Auckland at anywhere from 600 to 4,000. More>>


Parliament Today:

Spookwatch: New Inspector-General Of Intelligence And Security Appointed

Prime Minister John Key hasannounced the appointment of Cheryl Gwyn as Inspector-General of Intelligence and Security. The appointment was made by the Administrator of the Government on behalf of the Governor General and is for a term of three years. More>>

Crowdsourcing: Green Party Launches Internet Rights And Freedoms Bill

The Green Party has today launched the Internet Rights and Freedoms Bill, New Zealand’s first ever Bill crowdsourced by a political party. More>>


Gordon Campbell: On The Shane Jones Departure

Shane Jones has left Parliament in the manner to which we have become accustomed, with self interest coming in first and second, and with the interests of the Labour Party (under whose banner he served) way, way back down the track. More>>


Multimedia: PM Post-Cabinet Press Conference - April 22 2014

The Prime Minister met with reporters to discuss: • The recent improvement in the economy with a growing job market • Income and wealth inequality • Easter trading laws • The New Zealander killed in a drone strike in Yemen... More>>


Easter Trading: Workers 'Can Kiss Goodbye To Easter Sunday Off'

The Government’s decision to “reprioritise” scarce labour inspector resources by abandoning the enforcement of Easter Sunday Shop Trading laws means workers can kiss goodbye to a guaranteed day off, says Labour’s Associate Labour Issues spokesperson Darien Fenton. More>>


ACT Don't Go For Maximum Penalty: Three Strikes For Burglary, Three Years Jail

Three strikes for burglary was introduced to England and Wales in 1999. As in New Zealand, burglary was out of control and given a low priority by the police and the courts. A Labour government passed a three strikes law whereby a third conviction for burglaries earned a mandatory three years in prison... More>>


Gordon Campbell: On Drone Strikes And Judith Collins‘ Last Stand

The news that a New Zealand citizen was killed last November in a US drone attack in Yemen brings the drones controversy closer to home. More>>


Elections: New Electorate Boundaries Finalised

New boundaries for the country’s 64 General and seven Māori electorates have been finalised – with an additional electorate created in Auckland. More>>


Policies: Labour’s Economic Upgrade For Manufacturing

Labour Leader David Cunliffe has today announced his Economic Upgrade for the manufacturing sector – a plan that will create better jobs and higher wages. More>>


Gordon Campbell: On The Life And ACC Work Of Sir Owen Woodhouse

With the death of Sir Owen Woodhouse, the founding father of the Accident Compensation Scheme, New Zealand has lost one of the titans of its post-war social policy. More>>


Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news