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Articles for the keyword(s) "Tourists"

"The New Zealand Accident Compensation Scheme: The Statutory Bar and the Conflict of Laws"

Elsabe Schoeman and Rosemary Tobin, 2005

The authors examine the nature and effect of the statutory bar on compensatory damages in the Injury Prevention, Rehabilitation, and Compensation Act 2001 within the context of the double actionability rule for transnational torts. The focus is on the aims of the Accident Compensation Scheme and the implications of characterising the statutory bar as either substantive or procedural. With reference to recent developments in regard to the characterisation of comparable rules restricting or barring the recovery of damages, the authors support a substantive characterisation.

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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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“Loss Distribution Issues in Multinational Tort Claims: Giving Substance to Substance”

Anthony Gray, 2008

The distinction between substance and procedure is fundamental to private international law. However, in recent years, most Commonwealth courts have made their own statements regarding this dichotomy, and there seems to be no agreement on the demarcation between substance and procedure. Based on a survey of decisions in Australia, England, Canada and South Africa, as well as an analysis of the underlying rationale for the distinction, the author argues in favour of the adoption of a narrow view of procedure in regard to the assessment of damages.