The Issues

New Zealand has two streams of health funding each governed by different entities. While ACC supports those whose condition came about because of an accident, the Ministry of Health is responsible for those with congenital conditions, intellectual disabilities, illnesses, and those whose accident occurred prior to April, 1974. Our issue is that while both providers deal with New Zealanders with similar levels of needs, the Ministry of Health's tightly written eligibility criteria provides merely a fraction of the funding and service provision provided by ACC's generous no-fault entitlements. A High Court judge described this as legal discrimination. Equity-for-illness is committed to see this blatant discrimination removed from Government statutes.

For detailed information on these issues, please visit the Equity for Illness website.

Our Goal:

To see Ministry of Health and Ministry of Social Development eligibility criteria brought into line with current ACC entitlements: creating a non-discriminatory, needs-focused health delivery, regardless of the cause.

Appeal Decision:

Incensed by such inequalities, in April 2003 Melanie Trevethick lodged a claim with the Human Rights Commission claiming Discrimination by the Ministry of Health under the prohibited grounds of Disability. After working its way through the various stages of the Human Rights Commission, the Human Rights Review Tribunal, the High Court, and finally an application to the Court of Appeal, in October 2008 the Court of Appeal released its decision.

While striking out her claim it more than vindicated it by stating 'that Government can justify such discrimination under the Bill of Rights.' As our judges are only able to make decisions based on current law/legislation the decision speaks volumes; their considered judgement delivering both an intended gross contradiction in terms and damming indictment on Government. (The Bill of Rights was written to protect New Zealanders from discrimination yet by this ruling it is now shown that Parliament wrote the legislation in such a manner so as to protect itself from any future claims.) To say this is unacceptable is an understatement. Legal discrimination administered by Government to a sector of its population is an oxymoron by any standards or application of the words.

For more information, please visit our website.