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170 to lose weekly compensation

Politics wire

Press Release - Acclaim Otago (Inc)

170 to lose weekly compensation

"Today's announcement that 170 ACC Clients are to lose compensation based on a 2006 District Court decision is of huge concern to ACC clients and supporters" says Denise Powell president of Acclaim Otago. The reason for concern is that by their very nature District Courts are inferior Courts who do not have the inherent powers - such as to ensure equity - as the High Court does.

What ACC is bound to do before it acts arbitrarily (as it is in these 170 cases) is to apply to the High Court on a case stated basis to examine, as a question of law - whether or not the District Court is correct in its interpretation. It's nonsense in our opinion for ACC to say this is not about the money. If it wasn't, ACC would have taken a case stated basis to the High Court - and still can.

s.3 which outlines the purpose of the Act explicitly provides for a fair and sustainable scheme. This Purpose poses the question - whether or not, in all the circumstances, these claimants have been treated fairly. Further, s.54 of the IPRC Act provides that ACC must make every decision on a claim on reasonable grounds and in a timely manner. Waiting 3 years to issue decisions on this matter is hardly timely, fair or equitable.

"ACC has a responsibility in our opinion to ensure that this District Court decision is accurate before taking such drastic action. That includes applying to the High Court, anything less will simply be seen as cost saving at the expense of vulnerable people." Powell states.

ENDS

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