U.K. looks at N.Z. plan

Press, 4 January 1978, Page 23

U.K. looks at N.Z. plan

NZPA staff correspondent London The adoption by Britain of a watered-down version of the New Zealand accident compensation scheme is expected to be recommended soon.

Set up about five years ago in the wake of the Thalidomide tragedy, the Royal Commission on civil liability and compensation for personal injuries is not expected tp produce its final report until February.

But the report — now being printed is expected to propose radical changes along the lines of those applying in New Zealand, bringing with it a political row.

The recommendation of a “no-fault liability” system by Lord Pearson’s commission, has been predicted by Hugh Herbert, the Social Services corres-

pondent of the “Guardian.” Herbert said that the commission had closely studied the New Zealand system, which apportions compensation regardless of blame and regardless of whether responsibility can be proved. This took compensation away from the vagaries of the legal system where at the moment huge damages were awarded some accident victims while others with equal injuries received no compensation because they could not prove responsibility in the courts.

“The New Zealand system has the added bonus of drawing together the functions that are at present quite separate in this country — prevention. compensation, and rehabilitation,” Herbert said.

The no-fault system would meet heavy opposition in Britain, he predicted. Parts of the legal profession opposed it on the grounds of cost and the introduction of new anomolies — an opposition, some say, based on the amount of work it would take away from lawyers. Some trad e-union groups are also believed to favour an extension of the present industrial injuries system. Whatever the final recommendation, it is not expected to push a comprehensive system like that pioneered in New Zealand. The right to sue may be retained, and injuries in the home — other than those caused by faulty services or appliances — are not included in the commission’s terms of reference.