However, the main feature is that no common law claims can be brought in New Zealand Courts for death or bodily injury even if caused by another person’s provable negligence. Being such a small and confined country NZ can apply the “no fault” principle easier than two tiered jurisdictions or those with federal and state governments which cross over and create contradictory legal regimes or where people can choose where they sue.
But this provision is counteracted by the ACC scheme providing coverage for:
- All work-related accidents.
- All non-work accidents including sporting and recreational injuries.
- All motor-related accidents
- Approved medical/hospital and rehabilitation expenses incurred as a result of the above
Implications For Tourists To New Zealand
If any tourist is injured they are entitled to coverage for the medical costs, but not any lost earnings and cannot claim damages in any New Zealand Court.
However limited action may be taken under the Health and Safety legislation if gross negligence by a third party is provable and limited reparations are awarded by the appropriate Court.
In view of these imitations all tourists should arrange comprehensive travel insurance to insure their entire journey and not make any assumptions about the extent of New Zealand`s ACC regime.
Employees Who are Injured Working Full or Part Time in New Zealand
As they are legally employed, if employees suffer any death or bodily injury, they are fully entitled to the benefits of ACC as explained above
New Zealand Websites of Interest
People or entities interested in New Zealand from a tourist or business aspect may find the following Government websites of interest.
Accident Compensation Corporation: www.acc.co.nz
Ministry of Foreign Affairs and Trade: www.mfat.govt.nz
Ministry of Tourism: www.tourism.govt.nz
New Zealand Trade and Enterprise: www.nzte.govt.nz
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
WORK COMP CALCULATOR: http://www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR: http://www.LowerWC.com/transitional-duty-cost-calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
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