‘Negligence rewarded’

Press, 17 August 1978, Page 6

‘Negligence rewarded’

It was indefensible that criminals and the criminally negligent should be compensated by the Accident Compensation Commission, a Christchurch barrister, Mr A. A. P. Willy, told the national conference of Law Students’ Association in Christchurch yesterday. It was wrong that the money of “right-thinking, right-doing citizens” could be used to compensate a safe-blower for an accident he had while he was cracking a safe; that drunken drivers could be compensated as generously as good drivers; and that sports injuries should be compensated where risk of injurv was “implicit,” said Mr Willy. The accident compensation

t; scheme had removed com-| Jmon-law rights to sue a -iguilty party, and replaced it!; - with “no fault” liability and illimited, unworkable statutory rights. |i .11 Mr Willy said that self-1 ’ employed persons should be; i compensated as generously! as workers, or be granted; 8 common-law rights. Lump-: . sum payments for pain and.; I'loss of enjoyment of life I; i should again become theji t prerogative of common law. ;i ; The Accident Compen-J s sation Commission worked : s brilliantly as a social se-;i ;;curity system, keeping!; s' people above the bread-line,;, 8 but was a miserable failure;' "as a body appointed to com-! pensare adequately for in-; 1 i 1 jury, he said.

I Mr G. G. Walker, general [secretary of the Fire Brigades Union, said that lump[sum payments should be increased, or traded for ! common-law rights. Two [persons maimed by one [drunken driver should have [rights to sue under common 'law, he said. Mr D. A. Rennie, the comj mission’s director of reI search and planning, said [that some people wanted the commission to back up [failed common-law suits, and [also “be there to give them !the goodies” if they decided (not to sue. This would reisult in a dual system, which [would destroy both the comImission and common law, he said.