ACC, Exam Review Questions and answers, 100% Accurate. VERIFIED.

ACC, Exam Review Questions and answers, 100% Accurate. VERIFIED. ACC v Mitchell 1992 Interpretation to Act - -A "generous unniggardly" interpretation, this was about the 1982 Act but has been repeated by judges in terms of the 2001 Act. This interpretation is in contrast to a legalistic and specific view. ACC v Mitchell 1992 - personal injury by accident - -A baby suffered some type of attack and stop breathing, causing brain damage. Cause unknown. Parliament changed view - personal injury now needs to be caused by an accident. Abortion Supervisory Committee 2011 - -born alive rule is that a foetus has no legal personality until born. Harrild v Director of Proceedings 2003 - -A person includes a born alive child, and they can seek compensation for injuries that occurred before birth. The death of a foetus in utero was held to be personal injury to mother. Ordinarily Resident - -s 17: must be ordinarily resident in NZ to make claims for certain things that happen overseas. Visitors to NZ can make claims while in NZ, but not while coming and going and not in relation to earnings. Queenstown Lake Districts v Palmer 1999 ratio - -The Act doesn't intend to deprive a person of coverage: if you are barred from suing then you are covered by ACC, if you are not covered under ACC then you can sue in common law.