Tort Law

Running head: TORT LAW
Tort Law
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1TORT LAW
Table of Contents
LETTER OF ADVICE...............................................................................................................2
Appendix: Provisions of Accident Compensation Act 2001.....................................................4
Bibliography...............................................................................................................................5
ARTICLE...................................................................................................................................6
Bibliography...............................................................................................................................8

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LETTER OF ADVICE
To: Bruce Steedman
From: Legal practitioner
Subject: letter of advice regarding the eligibility for receiving compensation for sustaining
personal injury
Date: 8 July 2019
The Accident Compensation Corporation (ACC) guided by the Accident
Compensation Act 2001 offers compulsory insurance cover pertaining to personal injury to
everyone in New Zealand irrespective of the fact as to whether they are citizens, residents or
visitors. Therefore anyone who suffers a personal injury in New Zealand, the accident
compensation corporation shall be liable to pay the medical as well as rehabilitation costs of
such patient. The ACC offers a no fault scheme which is one of a kind in the world and
thereby applies to everyone present in New Zealand who has suffered any kind of accident,
irrespective of the fact as to who caused the injury. This approach ensure that the victim is
provided with the medical help and treatment for the injury that he has sustained, however the
victim cannot sue for in curing any cost relating to the injury or its adverse effects. In case of
a citizen or resident the accident compensation is paid by the employer directed by the ACC
however in case of a visitor, the victim may apply before the Corporation for claiming his
compensation pertaining to the injury.
The ACC covers all kinds of personal injury including sprains, cuts, burns to even
permanent disability, but not the general illnesses, age related health problems, mental
injuries and gradual process injuries which are not related to work. As per the different

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injuries, ACC provides proportion of medical costs, home helps, equipment, transport
facility, special aids, therapy sessions, et cetera. It also provides compensations regarding lost
earnings from time off work. Along with providing compensation, the ACC also decides as to
whether an insured person requires rehabilitation programs for recovering from the injuries as
well as the trauma related to such injury.
Therefore, it is advised that Mr Steedman must claim compensation from the
Accident Compensation Corporation, even though he is a visiting doctor from overseas. He
can claim for entitlements under the Accident Compensation Act 2001 for his severe head
injuries sustained when he fell into an open tree surround in a market area, which can be held
as an act of negligence on the part of the Auckland City Council1. However Mr Steedman
would not be eligible to sue the City Council for he would already be recovering
compensation from the Accident Compensation Corporation thereby losing the right to sue an
at-fault party, except for punitive damages in order to punish the defendant for his conduct
that has affected the victim severely as seen in Donselaar v Donselaar and Auckland City
council v Blundell2. Mr Steedman can also claim for a rehabilitation program to the ACC in
order to recover from his extreme mood swings that is affecting his relationship with his
family and friends3.
1 Accident Compensation Act 2001, s 23
2 Donselaar v Donselaar [1982] 1 NZLR 97, Auckland City council v Blundell [1986] 1 NZLR 732
3 'Auckland Gardener Bruce Steedman Dies After Falling In Council Tree Pit On Broadway, Newmarket' ( NZ
Herald, 2019) <https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12224015> accessed 9 July
2019.