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This paper describes New Zealand's ACC Act, which provides a way to protect people from the burden of loss when their ability to earn is affected physically or mentally. The paper focuses on the boundaries of coverage, noting the four major headings of liability under the Act. These state what will and will not be covered. Additionally, the paper examines the general principles of the Act and when damages may be awarded to a plaintiff. The paper concludes by noting when boundaries to the act should be investigated before damages are determined.
From the Paper:"The second head of liability is mental injury due to physical injury, sexual offence or work related. If a person suffers physical injury and as a result of their state they develop a mental injury then this will be covered. Hornby tells us that the mental injury must be a direct result of the injury, and cannot be an existing condition. Mental injury which arises due to certain criminal acts found in s21 sched 3 (generally sexual offences) are also covered, and if an offence which leads to mental injury is not on this list then coverage is not available. Finally mental injury which is work related (s21B) must be a single event directly seen, heard or experienced in the workplace - it will not cover hearing about something second-hand. If a person has suffered mental injury which does not fall under one of these circumstances, such as seeing the death of another, then it is likely they will not be covered under the Act. Alternatively though they will have the possibility of a common law claim for damages. As such the possibility for damages for personal harm has not been overcome by the boundaries to recovery for mental injury."
Sample of Sources Used:
- The Law of Torts in New Zealand. Stephen Todd and John Hughes: 2009
Cite this Analytical Essay:
New Zealand's ACC Act (2012, October 14) Retrieved November 23, 2020, from https://www.academon.com/analytical-essay/new-zealand-acc-act-151844/
"New Zealand's ACC Act" 14 October 2012. Web. 23 November. 2020. <https://www.academon.com/analytical-essay/new-zealand-acc-act-151844/>