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Articles for the keyword(s) "Accident compensation scheme"

"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1977

In this section of an overview of New Zealand Conflict of Laws, the impact of the Accident Compensation Scheme on transnational tort litigation is considered. The authors discuss the interpretation and application of the double actionability rule for tort within the context of the bar on proceedings for damages in terms of the Accident Compensation Act 1972, with specific reference to the problem of foreigners’ loss of earnings.

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"Asbestos, Australia and ACC"

Elsabe Schoeman and Rosemary Tobin, 2005

This contribution examines the implications of the New Zealand Accident Compensation Scheme for asbestos-related trans-Tasman disputes. The authors focus on the significance of establishing the place of the tort in these cases of negligent omission (failure to warn) in order to determine the lex loci delicti commissi. Jurisdictional issues, such as forum non conveniens, are also considered briefly.

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"A Holiday in New Zealand: The Implications of New Zealand’s Accident Compensation Scheme"

Elsabe Schoeman and Rosemary Tobin, 2005

This note illustrates the application of the Injury, Prevention, Rehabilitation and Compensation Act 2001 to a personal injury claim in the hypothetical case of a foreign (German) student who was injured in New Zealand and institutes proceedings in a German court. The focus is on the statutory bar in respect of compensatory damages and the characterisation of the bar as either substantive or procedural.

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"New Zealand Accident Compensation and the Foreign Plaintiff: Some Conflict of Laws Problems"

Giora Shapira, 1980

The author looks at the implications of the New Zealand Accident Compensation Scheme for foreign plaintiffs, and the inadequacy of recovery, within the context of the double actionability rule for tort. The challenge for tort choice of law is to secure a proper remedy for the foreign plaintiff, while protecting local defendants against tort liability. Since the double actionability rule cannot achieve this, the author explores the “proper law of the tort” doctrine as applied in US case law concerning workmen’s compensation statutes.

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“Woodhouse Reprised: Accident Compensation and Trans-Tasman Integration”

Reid Mortensen, 2003

The author provides an in depth analysis of the ways in which New Zealand’s accident compensation scheme is inadequately accommodated by the Trans-Tasman Proceedings Acts. The disparities between the compensation provided by the ACC and common law damages available for personal injury claims in the Australian States is said to be the principle cause of forum shopping within the trans-Tasman area. The author demonstrates how overemphasis on the similarities between the legal systems of New Zealand and Australian has resulted in statutory drafting that is ill equipped to deal effectively with this issue. By way of solution statutory amendment is recommend for both the Trans-Tasman Proceedings Acts as well as the Accident Compensation Act.

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"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1978

In this section of an overview of New Zealand Conflict of Laws, the impact of the Accident Compensation Scheme on transnational tort litigation is considered. The authors discuss the interpretation and application of the double actionability rule for tort within the context of the bar on proceedings for damages in terms of the Accident Compensation Act 1972, with specific reference to the problem of foreigners’ loss of earnings.

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"New Zealand's Choice of Law Rules Relating to Tort"

Maria Hook, 2018

This article examines the changes brought about by the Private International Law (Choice of Law in Tort) Act 2017 and identifies areas for future development.