I want to opt out of ACC. They have told me it is not possible, however they claim it is a "public insurance scheme"; yet take my money and do not return it at all if I do not have an accident. Additionally I believe it is my human right to choose how I spend my earned dollars on my own health. Do I have a case?
Talking to ACC.
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
The ACC legislation creates a statutory regime for compensation for injuries by accident. The nature of the legislation is that all persons who are working or self-employed must pay levies to ACC, and it is an offence not to pay the levies, either yourself if you are self-employed, or your employer not to pay the levies. It is like other insurance however, such as for your car or house, where you pay premiums for the insurance, but do not get any money back if you do not make a claim. I understand your point about the ability to choose your own health provider, but ACC is not a health provider but an insurer. They have a monopoly on personal injury insurance conferred by statute. You do not have an option of having no insurance.
I am not asking how this is not possible. I am simply asking what do I need to do to become free of this financial burden. To have insurance against injury one would have to consider that serious injury is possible. Also, while it is not a health provider, ACC apparently only provides money to approved methods of recovery from approved organisations as I understand. What if I do not agree to these methods of help? This money is being taken from me by force of law; basically legalised extortion. Additionally there are several points of the Universal Declaration of Human Rights that could be in violation here. My religious beliefs as one; in that I believe one has determination over accidents as a spiritual being and therefore can be exempt from them. Evidently this is a case of the religious beliefs of the state infringing over my own beliefs for clearly the state does BELIEVE that medical protection is needed, despite evidence to the contrary such as that 8000 New Zealanders die per year by medical
mistake (iatrogenic illness) according to government statistics.
I thought I had explained that ACC is a statutory obligation. The only way to become free of this statutory obligation, is to cease to be a resident of New Zealand, which is I expect, not an option for you. ACC covers everyone without exception. It is like a tax, in the sense that if you earn income you must pay tax. The question is really a political one, and of course there have been policies in the past from different political parties suggesting that there should be options to ACC with private insurers. Currently, that is not the position and I can only tell you the law and how it applies to you. You are correct that the money is taken from you because of statutory obligations. If you wanted to say that this was contrary to international human rights law, you would be most unlikely to succeed in a court in New Zealand. The religious exemption does not exist in law for ACC. So whatever your beliefs, you are stuck with the obligation to pay. I am not saying whether I agree, or disagree with your position, but I am attempting to explain that there is a statutory obligation that you cannot avoid. You cannot become in your words "free of this financial burden".
Is there any limit per statues as to how much the government may tax or otherwise extract our money, or is this potentially unlimited? eg. pass a law requiring 100% taxation.
There is no law which says there is a maximum amount of tax. Tax is set by Parliament as part of the annual budget process, and the rates of tax are adjusted when required. In theory 100% tax could be imposed, but in reality the political process is such that this would never happen, because the political party which did this would be unlikely to get a silly tax bill like this passed by Parliament.
"Silly" is of course a relative word. "Slavery" is also a relative word; there are varying degrees. Evidently the only possible solution is change of law and change of government. Thank you for your help. I will be changing the government.
You are correct that changing the government is the only way to change the ACC policy.
LLB MMgt FAMINZ 32 years qualified as lawyer
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