ACC for the Cows? Analysing How Best to Deal with the Losses Caused by Biosecurity Breaches

50 Pages Posted: 6 Nov 2019

See all articles by Alexandra Moore

Alexandra Moore

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: October 29, 2019

Abstract

Since 2010, New Zealand has suffered a number of biosecurity breach events causing losses to primary industries. The response decisions from the Ministry for Primary Industries have had huge impacts on different sectors ability to recover their losses. This paper considers the current approach to recovering financial losses caused by biosecurity breaches. It evaluates the options available for reform; Negligence claims, comprehensive state compensation schemes, private insurance and improving the existing scheme. The ability for capped state compensation schemes to share costs according to benefits gained, increase certainty and consistency in the application of compensation and the avoidance of long drawn out negligence cases makes it the most viable solution to these compensation issues.

Keywords: ACC, biosecurity breaches, negligence, private insurance, state compensation

Suggested Citation

Moore, Alexandra, ACC for the Cows? Analysing How Best to Deal with the Losses Caused by Biosecurity Breaches (October 29, 2019). Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 26/2019. Available at SSRN: https://ssrn.com/abstract=3477020

Alexandra Moore (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, Victoria 6140
New Zealand

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