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

 


ACC Decisions to be Removed from District Court Judges

ACC Decisions to be Removed from the Scrutiny of District Court Judges

Press Release

Acclaim Otago (Inc)

26.6.14

Dr Denise Powell, spokesperson for Acclaim Otago (Inc) says “There are clearly multiple problems with access to justice for people who are disputing decisions made by ACC. In the documents released this week, the Government has acknowledged issues relating to delays in the current appeals process, but has decided to eliminate access to the District Court and the Appeal Authority under the guise of speeding up the process”.

Acclaim Otago believe the Government is ignoring its obligations under the Convention on the Rights of People with Disabilities (CRPD). “It has an obligation to consult closely with injured people in the development and implementation of legislation and policies that affect them [Article 4(3)]. It has an obligation to provide effective access to justice [Article 13]. It has an obligation to provide a voice at the table for injured people and their representatives. That's a fundamental principle under the Convention" says Dr Powell.

Documents released under the Official Information Act this week show that when Cabinet decided to remove access to the District Court for injured people, the Minister for Courts briefed cabinet by saying:

The proposals appear consistent with the rights affirmed in the New Zealand Bill of Rights Act… (paragraph 84, page 12).

There are no direct gender or disability implications arising from these proposals (paragraph 91, page 13).

“It is disappointing that over the ten month process since September 2013, the Government has been consulting with ACC on these plans, and yet at no time did they inform other key stakeholders (ie injured people) or the Advocates and Representatives Group set up by ACC to provide advice on legislative and systemic operational matters, that this major change was being considered.”

“We have been raising these issues for a long time now,” says a frustrated Dr Powell. “It started in 2010 when Acclaim Otago raised disability issues, including ‘access to justice’ with the Government. We were ignored. We did the same thing in 2013. Again we were ignored”. In February 2014, Acclaim Otago, with support from the New Zealand Law Foundation, presented an interim shadow report to the United Nations Committee on the Convention on the Rights of People with Disabilities.

In April 2014, the United Nations asked the New Zealand Government about access to justice for ACC clients going through the disputes process. Acclaim Otago asked the Government similar questions in May 2014.

“It is only now becoming clear that the key decision makers don’t recognise that removing access to the Court involves the rights of people with disabilities. The Cabinet paper clearly shows that the rights of injured people are not even on the radar”. Acclaim Otago believes the Government needs to stop treating ACC claimants as simply a financial and administrative burden as is identified in these latest documents.

“This is not good enough, and it has to change. Substantial changes such as these that have a significant impact for people who have reason to engage with the ACC appeal process, must involve open and transparent consultation with all stakeholders, including disabled people, as is required under the Convention” concludes Dr Powell.

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

PARLIAMENT TODAY:

  • Week in Parliament 22-05-15
  • Saturday Sitting
  • House Rises At Midnight
  • Telco Levy Bill Passes
  • Telco Levy Bill Completes First Reading
  • Social Housing Bill Passes Under Urgency

  • TPPA: University Of Auckland Warns Of Negative TPP Impact

    The University of Auckland May 20, 2015 University of Auckland Warns of Negative TPP Impact With the Trans Pacific Partnership (TPP) negotiation drawing to a close, the University of Auckland has expressed serious concerns about its potential implications. ... More>>

    NZ Flag: Flag Referendum Gets Hit Hard In New Poll

    The latest Campbell Live text poll confirms it is time for the Prime Minister to listen to the public and shelve his flag referendum, says the New Zealand First Leader Rt Hon Winston Peters. More>>

    Gordon Campbell: The Government’s Belated Moves On Property Speculation

    Is it a property tax on capital gains or a capital gains tax on property? The Jesuitical distinctions in the government’s spin about its latest moves on property speculators are all about whether the government can claim that it jumped, or confess that it ... More>>

    Grant Robertson:
    Key Can’t Just Be Prime Minister For Parnell

    John Key must show New Zealanders in next week’s Budget that he is more than the Prime Minister for Parnell, and is also the Prime Minister for Pine Hill, Putararu and Palmerston North, Labour’s Finance spokesperson Grant Robertson says. In a ... More>>

    Labour Party: More Regional Jobs Go In Corrections Reshape

    News that 194 Corrections staff are to lose their jobs will have ramifications not only for them and their families but for the wider community, Labour’s Corrections spokesperson Kelvin Davis says. Prison units at Waikeria, Tongariro and Rimutaka ... More>>

    ALSO:

  • NZ First - Prison Job Losses to Send Money Offshore
  • TPPA: ‘Team Obama’ Regroups On Fast Track, Still Not Deliverable

    ‘After yesterday’s stinging and unexpected defeat for the Obama administration’s attempt to advance Fast Track legislation in the US Senate, Senate leaders have worked up a compromise they think will get them past this blockage’, according to Auckland ... More>>

    NZ Government: 5,500 More Doctors And Nurses In Our Hospitals

    Health Minister Jonathan Coleman says a record number of doctors and nurses are working in District Health Boards across the country. More>>

    Controller and Auditor General: Katherine Rich Conflict of Interest Decision

    We are writing to you about a matter that has been raised with us by members of the public. More>>

    ALSO:


    Budget 2015: Andrew Little On The 2015 Budget

    Speaking to the Chamber of Commerce, the Labour opposition leader attacked the government’s approach to economic issues facing New Zealand. He said they have been “more than reckless in their complacency” and “the next week’s budget will do nothing ... More>>

    Defence Force: NZDF Building Partner Capacity Mission Personnel In Iraq

    NZDF Building Partner Capacity Mission Personnel in Iraq The New Zealand Defence Force Building Partner Capacity training mission contingent is in place at Taji Military Complex in Iraq. The Chief of Defence Force Lieutenant General Tim Keating says the ... More>>

    PM Press Conference: ACC Levy Cuts Announced

    In a press conference this afternoon in Wellington, ACC Minister Nikki Kaye proposed $500 million worth of ACC levy cuts. More>>

    Quakes: New Process For Red Zone Crown Offers

    Canterbury Earthquake Recovery Minister Gerry Brownlee has announced a process to give everyone a say on the Crown offers to owners of vacant, commercial/industrial and uninsured properties in the Residential Red Zone. More>>

    ALSO:

    Gordon Campbell: On The Battle Obama Is Waging Over The TPP

    For the past two and a half years, this column has been arguing that the fate of the Trans Pacific Partnership (TPP) deal will hinge on whether US President Barack Obama can win Trade Promotion Authority (TPA) from Congress... Last week, the White House finally, finally unveiled a draft TPA Bill. More>>

    ALSO:


    Gordon Campbell: On lessons for Labour from the UK election
    If the polls were right – and the pollsters kept telling us how accurate they’d been in 2010, and even Nate Silver was getting the same results – there seemed no way that the British Labour Party could lose last Thursday’s British election. With Labour predicted to win around 270 seats and the Scottish National Party batting around 55-60 seats, Labour seemed to be home free. But…as we now know, things didn’t turn out that way. Labour ended up with 232 seats and the Conservatives swept back to power with an outright majority, after winning only a little more than a third ( 36.9%) of the votes cast.MORE >>
    Also.

  • NZ PM John Key - PM congratulates David Cameron after UK election
  • The Nation IV Transcript - Hack Attack author Nick Davies
  • Get More From Scoop

     

    LATEST HEADLINES

     
     
     
     
     
     
     
     
     
    Politics
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news