ACC accused of victim-blaming as motorcyclists seek High Court judicial review

A group of approximately 50 motorcyclists gathered outside the Christchurch Law Courts recently to voice their opposition to a proposed change in the Accident Compensation Corporation (ACC) levy system. The Motorcycle Advocacy Group New Zealand (MAGNZ) has initiated a High Court judicial review challenging the new levy, set to take effect from 1 July. This move comes after the ACC introduced a classification system based on motorcycle engine sizes, which MAGNZ claims unfairly targets motorcyclists and amounts to victim-blaming.

Under the new structure, motorcyclists will face varying annual levies depending on the size of their vehicles. Petrol motorcycles with engines larger than 750cc will incur a charge of $624.93 per year. Those who complete advanced rider training might qualify for a 25 percent discount. Medium-sized motorcycles, defined as those between 251cc and 750cc, will cost around $450 annually, while smaller motorcycles will be subject to a levy of $311.70 for petrol models and $325.13 for electric or diesel variants.

This represents an increase compared to the previous year’s rates, where petrol motorcycles above 600cc were charged $428.19 annually, and diesel or electric models faced a fee of $441.87. For the upcoming 2024/25 financial year, owners of 500cc motorcycles would have paid just under $300 annually.

MAGNZ spokesperson Mark Chapple argued that the ACC’s decision to base the levy on engine capacity without making similar distinctions for cars is fundamentally unjust. He contended that this approach contradicts the principles outlined in the ACC Act, which aims to provide a fair compensation system. According to Chapple, the current proposal shifts blame onto motorcyclists, despite statistics indicating that in most intersection accidents, the fault lies with car drivers.

Supporters of the challenge, such as Stewart Good, expressed frustration over what they perceive as an unreasonable increase in fees. Good questioned why motorcyclists were being singled out, suggesting that other groups engaged in potentially risky activities might soon face similar penalties. Another motorcyclist, Barry Lynch, highlighted the financial burden placed on individuals who own multiple motorcycles, noting that he would need to pay nearly $1200 annually in ACC levies for both of his bikes.

The ACC has remained silent on the matter during the ongoing legal proceedings, citing the need to avoid influencing the court's decision. As the judicial review progresses, the outcome could significantly impact how motorcyclists are treated within the broader framework of accident compensation policies. The case raises important questions about fairness, risk assessment, and the balance between accountability and equitable treatment in the insurance sector.