House modifications our ACC appeal win
ACC is libel for your changing needs
ACC is libel for your changing needs related to you claim as you age, on behalf of a paraplegic. This man had his kitchen modified 10 years earlier by ACC, benchtops and cooking areas were lowered but the windows were not lowered, when this was done Wayne was younger and fitter, using upper body strength he could haul himself off his wheelchair high enough to see out the windows.
Ten years later Wayne was no longer able to lift himself out of his chair as he used to, Wayne could no longer see out the windows. A dodgy door to door salesman conned his way into Wayne’s house and while inside this person opened the window, Wayne could not reach the window to close it. Wayne was burgled after an offender got in his open window. After that I applied for Wayne’s windows to be lowered to a usable height.
This was declined twice. I applied to the ACC appeals court arguing that ACC had erred in not lowering the windows when the kitchen was modified and I believed ACC was responsible as Wayne aged because his needs were changing these changing needs were directly related to Wayne’s paraplegia. I decided to up the ante, not only did I want ACC to modify his windows I now wanted them to take responsibility for his security I now wanted his house windows fitted with catches that allow him to close the windows if somebody had left them open I also wanted door spy holes fitted at wheelchair height.
Of couse ACC did not want a bar of it. Bottom line is we won in the ACC appeals court so ACC is responsible as their clients’ needs change. To this day I am willing to bet they still decline people all the time.
The pdf below has been edited to remove the clients name and protect his identity. This a copy of the appeals board ruling