Red Alert

Archive for the ‘ACC’ Category

Silly idea number 1 What do you think ?

Posted by Pete Hodgson on August 10th, 2010

Declare ACC to be in big financial trouble, even though it collects about $1 billion a year more in revenue than it pays out in claims.  Rachet up the levies for everyone.  Single out motorcyclists for an especially harsh increase.  Then cut the cover for lots of things such as hearing loss.  Make it really hard for the victims of sexual abuse.

Then quietly prepare part of the ACC scheme for privatisation, even though it is demonstrably the fairest and most cost-effective scheme in the world and the envy of many nations.

I think this idea is -

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Filed under: ACC, poll

Will experience rating stop workplace deaths?

Posted by Darien Fenton on July 15th, 2010

I don’t think so.

Nick Smith has announced he will be implementing a new experience rating scheme under ACC  saying that this will bring down our high rates of workplace deaths and injuries. He’d better be sure of that, because hardly anyone else is.

The evidence suggesting that experience rating sends a signal to employers and incentivises safer behaviour is tenuous and unproven at best. Most researchers have been cautious about crediting experience rating for lowering overall actual injury rates. Experience rating can provide an incentive for injury under-reporting and employers are more likely to dispute whether personal injuries are work-related and therefore, contribute to its claims record.

Experience rating is a concept from private insurance where the events to be insured against and the potential size of the losses must be measurable and defined clearly. But workplace health and safety can be complex and responsibility hard to apportion. An experience rating approach assumes that costs can be sheeted home to those who are responsible for them and there is no cross-subsidisation, yet our ACC scheme is based on the principle of ‘community responsibility’, where cross-subsidisation can and does occur because :

  • one person’s job often depends on another person’s job making responsibility hard to allocate.
  • an injury that occurs in one environment (eg work) might be aggravated or caused by an injury that occurs in another environment (eg sport).
  • in many cases neither the employer nor the worker can influence the outcome.

Nick’s racing ahead with this, along with his secret “Stocktake” on privatising the work account, even although his officials told him that it would take two years to design an experience rating scheme, and before that more research should be done.

I’m already getting an increased number of ACC cases through my Northcote office due to the changes the government’s made to ACC. I reckon there’s a lot more to come.


Lies, Statistics and Motorcycles

Posted by Rick Barker on May 26th, 2010

Professor Charles Lamb knows his motorcycles and statistics. On Tuesday, 18 May 2010, he held a seminar in Christchurch on the actual facts about motorcycle accidents and the conclusions that should be drawn.

Professor Lamb addressing the audience.

It was a cold damp Christchurch evening but still at least 80 bikers attended and heard a thorough and very credible analysis of the facts.

The crowd of Bikers listening to Professor Charles Lamb.

The projected wisdom, is that:

  1. Motorcycle accidents are soaring
  2. That its bigger bikes, over 600cc that are the problem
  3. That its older riders particularly those who are returning to riding after a period of riding, who are having the accidents

(more…)

Filed under: ACC

Labour’s Budget video

Posted by Chris Hipkins on May 21st, 2010


Dr Smith continues to defend the indefensible

Posted by David Parker on April 29th, 2010

Dr Smith may be good at obfuscating, but its not an admirable skill. This week he claimed the figures used by Phil Goff at question time to highlight the drastic reduction in (mainly) women accessing counselling following sexual crimes were incorrect. They were Dr Smith’s own figures, in answers to parliamentary questions. Phil rounded the historic monthly ACC approvals for October 2008 down from 312 to 300 and contrasted it to the patently unjustifiable 6 approvals in February 2010. Only to the extend of the rounding to 300 – which was to the advantage of the government! - were the figures ‘incorrect’, as Dr Smith stated.

Dr Smith should be criticised for this.  He should be held to account. He was repeatedly warned by all and sundry that his plan was patently wrong. Not just by us in Labour - but by numerous professional associations (the Psychologists, the Psychotherapists, the Social Workers), Rape Crisis and many individuals adversely affected by the change. His misrepesentation of the work by Massey University, which he purported to use to justify the changes, was such that they publicly stated their advice was not being implemented.

There can be no doubt the changes were wrong. There can be no doubt Dr Smith has responsibility. There can be no doubt that you don’t need a time and money wasting inquiry to conclude injustice and suffering has been caused. It is abundantly clear that neither Dr Smith nor ACC can justify the over 95% decrease in the number of people being approved for counselling – at a time when sexual crimes have increased.

The Minister’s stubborn refusal to restore the prior rules in the interim while this mess is sorted out sees these injustices multiply. The consequences are very real for the sometimes desperate people currently unable to get help.

Surely the proper thing for the Minister to do is to admit error and restore the prior rules, because the new ones are plainly unfair. Few people in this job like to say Ministers are pesonally responsible for tragic outcomes, but if hundreds if not thousands of sexually abused women are denied counselling, then it is likely that avoidable self harm by some will occur.

Dr Smith needs to admit his error and do the right thing NOW.  I’m surprised John Key has not already intervened.


Workers Memorial Day

Posted by Darien Fenton on April 28th, 2010

workers_memorial_dayWorkers Memorial Day is the day where working people join together to mourn New Zealand workers and workers throughout the world who are injured, diseased or killed on the job.  In New Zealand one worker a week is killed on the job every week, and thousands more injured.

It’s ironic that parliament is currently debating a weakening of the right of workers to rest breaks, when evidence shows that without proper breaks, workers have a greater risk of accidents. 

At the same time, the government has been cutting workplace health and safety programmes and reducing entitlements to ACC.

So, today is indeed a day to mourn for the dead, but fight for the living!


Uh-oh – here it comes

Posted by Darien Fenton on April 26th, 2010

As predicted by Labour, it looks like the government is getting ready to privatise areas of ACC.

An interim report from the ACC stocktake working group has said that opening up parts of ACC’s business to competition is workable. Minister Nick Smith was given the report a few days ago, but he’s keeping quiet so far.

National made a deal with ACT that in exchange for support for their last miserly ACC bill, passed recently, the government would open ACC to competition.

Anyone who experienced the disaster the last time ACC was opened up to private insurance companies will be steeling themselves up for a repeat of the terrible experiences of workers, health professionals and even employers.

The only people who benefited from National’s last foray into the privatisation of ACC were Australian financial institutions and the lawyers called in to fight legal battles. One of the major workplace insurance providers, HIH, later collapsed owing $1 billion.

Don’t be fooled by the rhetoric the government will use. What they call “opening up of ACC to competition” is actually “privatisation”.

National sees ACC and workers’ injuries and livelihoods as a tradeable commodity. Labour doesn’t.

We have said we will reverse any privatisation of ACC, but in the meantime, it’s coming our way.


Further on ACC

Posted by Grant Robertson on April 8th, 2010

Further to yesterday’s post, there is a very interesting interview by Nick Smith with Kathryn Ryan from this morning, here.

In answer to some of the commenters on the original post the approach to claims for surgery has changed.

The Accident Compensation Corporation turned down 3500 more claims for surgery in the last financial year than in the year before. He (Nick Smith) said it’s necessary for a greater number of operations to be funded by the health system to contain ACC’s costs.

In other words surgery decisions are being made for financial, not medical reasons. This runs totally against what Nick Smith told Parliament last week, and is breach of the social contract that underlies ACC.

Filed under: ACC

ACC surgery declines

Posted by Grant Robertson on April 7th, 2010

Even as a relatively new MP I get a feeling when a pattern is developing in dealing with government agencies.  Four cases coming to the electorate office on one topic in a short space of time is a sign. That is definitely the case with ACC declining surgery on the grounds  of a “pre-existing condition”.  One of the cases has had a run in the media, but the others are just the same.  In all cases the patient’s doctors argue that surgery is required as a result of the accident, but ACC has denied the surgery.

Jim Anderton raised this in Parliament last week, and at the time I thought he had got an unequivocal answer from Nick Smith that there had been no change in policy.  Reading the transcript again I am not so sure.  Smith talks about no change in the “legislative cover.“  But this does not eliminate a policy change, and I think that is what we are seeing.

In the exchange with Jim Anderton, Nick Smith does acknowledge that more cases are going to appeal, but he also says ” it is critical that these decisions are made on medical and not cost grounds.”  That is something we can all agree on, but when doctors are saying that the surgery is required as a result of the accident, but ACC is finding ways around this, that is not meeting the Minister’s test.

The view of all those involved in the cases is that they feel as people who have paid their taxes and ACC levies over the years, they thought the system would be there for them when they needed it.  They are feeling cheated, and they have every right to do so.   I am supporting them to appeal the decisions, but that is wasting a lot of  time for all concerned.


TV One is right about ACC

Posted by Rick Barker on March 25th, 2010

TV One’s recent piece that ACC was tightening the claims process and rejecting claims now that previously would have been accepted is right. This is particularly true for the claims that require surgery.

ACC denies this of course.

Constituent’s complaints are a very good litmus test of emerging trends. They are not precise but to provide an accurate reflection of the underlying flow of trends.

In the three electorates I work in, Taranaki King Country, Tukituki and Wairarapa, there has been a marked increase in the numbers of people approaching me frustrated by ACC; rejection of their claims. A common theme is for the claim to be rejected as the event exposed and underlying degenerative condition, therefore it was not an “accident” and their condition is simply the emergence of a pre existing condition or just age.

This is a fine line as we all age and our body does wear with time. There has always been a tension in the determining whether a condition is caused solely by an accident or is in reality a degenerative condition. This is a judgement call. The science is not precise and can be influenced. It’s increasingly being felt that the judgement criteria are shifting, tightening and rejection is more common.

ACC seems to have a line up of medical practitioners who are prepared to sign off claims as “degenerative” or “pre-existing” which makes it very difficult to argue claims.

ACC claimants are quietly being hoarded off to Work and Income for a benefit usually less advantageous and or onto public health.

Public health is being squeezed from two directions. Firstly funding is tightening, for example cuts to house help for elderly and secondly a requirement for referrals to be done within 6 months. (more…)

Filed under: ACC, health

Lies, Damned Lies and Statistics

Posted by David Cunliffe on February 25th, 2010

Bill English has been “trying it on” in his use of statistics, no doubt to try to get off the defensive around inequitable tax policy, his lack of a plan for growth and an embarrassingly strong performance by NZSF and ACC in the recent Crown Accounts.

Mr English alleged in a release last week that revisions to GDP data issued late last year showed the economy grew by “less than 1% a year”.

The Government Accounts  had been released the day before. Labour had attacked the government for having suspended superannuation prefunding and cutting ACC, when the investment performance of both had risen strongly.

Based on the Statistics NZ revised data, the average GDP growth for those three years was actually 1.74%.

The more relevant GDP growth benchmark, averaged over Labour’s last term in office, was 3.2% GDP growth per annum.

That was significantly higher than during National’s previous term in office of around 2.6%.

It was higher, year on year, for the three year period Mr English quoted, than the UK (2.6%), US (2.5%) or OECD average (2.3%)

This strong and sustained economic expansion was achieved alongside:

  • a massive reduction in Crown debt (net debt cut from 24.8%  of GDP to zero);
  • unemployment of 3.4%, the lowest in 21 years (less than half of today’s 7.3%)

This was achieved precisely because Labour did not follow Mr English’s advice in 2005 and 2006 to give early tax cuts. In short, not taking Bill English’s advice in 2005/06 meant NZ could afford a Budget in 2008 designed to support Kiwi jobs through the recession.

So if that was the real big picture, how did Mr English come up with his odd numbers?

  1. First, using highly variable quarterly GDP statistics, not the more aggregated and reliable annual numbers
  2. Second, choosing a short period impacted by the global recession to   bring the average down.
  3. Finally, by taking advantage of retrospective statistical revision  called chain linking whereby when recent data falls sharply (for example due to the recession) previous years are “smoothed” down to fit the trend.

The bottom line is National would give its right arm to have economic performance numbers today that matched the average under the last Labour government.

We have a Minister of Finance who has shown himself not above skewing data for political ends.

Lesson for Bill English: “when in a hole, stop digging”.


Why don’t Nats want question time ?

Posted by Trevor Mallard on February 24th, 2010

It is not good form to go into details of discussions that happen “behind the speakers chair” between leaders of the house and their shadow or between whips.

But what is very obvious is that the Nats are very very scared of having a question time today. We are under urgency debating ACC legislation. We know that in the end we will lose and all we can do in debate and delay.  But that has its limits and what normally happens is that a deal is done – questions in and a limit to the length of the debate.

There was a fair deal on the table for the Nats but they have run away from it.

So what are they scared of.  Key or English on the differing views on GST. The housing question to credit card Heatley which goes to his priorities for government expenditure. Or Anne Tolley showing her ignorance of her own standards policy again.

But whatever it is they make chickens look courageous.


ACC changes- arbitrary,unfair and discriminatory

Posted by Carol Beaumont on February 24th, 2010

For over 7 hours so far I, along with my Labour and Green colleagues, have been arguing against the ACC Bill being pushed through under urgency.

I use the word arguing because the word debating would not accurately describe the lack of engagement by the Government.  Despite the significance of this Bill currently 2 National members are sitting reading newspapers and most have said absolutely nothing.

The Minister in the Chair, Pansy Wong has said nothing,  neither did the previous Minister in the Chair Kate Wilkinson.

This is despite the complete picture of arbitrary, unfair and discriminatory changes we have outlined to the Government.   The changes in this Bill will disproportionately affect women, Maori, Pacific, low paid, young and old workers. The Human Rights Commission clearly raised a number of significant concerns in their submission. Despite repeated requests Ministers will not address the concerns we are raising about arbitrary, unfair and discriminatory changes.

Let me conclude by advising you on an unfair change that will affect most New Zealanders.  This change relates to holiday pay and the requirement being created that unused holiday pay at the end of the employee’s pre-injury employment will be offset against entitlements to earnings related compensation.  Consider the situation of two workers – one who took the holiday they accumulated prior to being injured and the other who had not yet taken the holiday they accumulated prior to being injured. One will contribute to their own earnings related compensation one will not.  Is that fair?   Well even Treasury advised  that this provision would be considered to be unfair and they suggested that the  savings of $1 million dollars a year seemed small compared to the fairness concerns.

This Bill has consequences for people, real people who will suffer as a result of changes that are arbitrary, unfair and discriminatory.   It is not just Labour and submitters identifying this but also Crown agencies such as Te Puni Kokiri and the Human Rights Commission.

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Filed under: ACC

ACE vs ACC – they win, we all lose

Posted by Maryan Street on February 23rd, 2010

Tomorrow (Wednesday) the Education and Science Select Committee was meant to be hearing my submission on the 51,000+ signature petitions opposing the cuts to Adult and Community Education (ACE). But the government decided to go into urgency to pass wretched Nick Smith’s wretched ACC legislation – you know the one, where we pay more and get less in the way of supportive entitlements to get us working and playing again after an injury. More on that in another post.

You might have seen this already elsewhere, but it deserves to go up here as well, as a great characterisation of what Anne Tolley has done to ACE in our local communities. It’s PPTA’s clever cartoon:

It’s an amusing antidote to being depressed by the systematic destruction of our ACC system causing heated debate in the House. But whatever it was going to be tomorrow – ACE or ACC – we are all losing. It’s either our easy to access, community-based, second chance education, or our world-class compensation scheme. And people said they wanted a change. :-(


The demo boom

Posted by Darien Fenton on February 14th, 2010

IMG_1334Now Parliament is back in full-swing, demos against Government action (or inaction) are heating up again.

Last week, the Corrections Association and PSA protested outside parliament about privatisation of their jobs in prisons.

Representatives from the Northern Action Group and Wellsford Community Action were on Parliament’s forecourt to present a 7,000 signature petition opposing North Rodney being part of the Supercity.

Then, over the weekend, workers angry about the pitiful minimum wage increase, 15% GST and threats to the youth rates protested outside National MP’s offices.

This coming week, there’s plenty going on.

Tuesday sees the ACC Futures Coalition, now joined with the Bikers, back at Parliament protesting ACC cuts and privatisation.

Wednesday the cleaners from Government Buildings, including Parliament, will be banging their buckets because they’re sick of being offered nothing more than minimum wage.

Thursday is Red Bag Day with a march and rally at Parliament organised by Business and Professional Women to remind National that pay equity is still an issue.

And that’s just in parliament.  NZEI will continue its national bus tour to highlight the issues around national standards and we’ll be with them wherever we can.

Should be a noisy week.  And it’s only February.


Will the Maori Party support ACC cuts too?

Posted by Darien Fenton on February 12th, 2010

The report from the Transport & Industrial Relations Select Committee on the government’s ACC bill was tabled in the House today.  This is the bill that slashes ACC entitlements.  I blogged on just one of the provisions recently, and Labour’s media release outlines the other changes.

The protests will continue.  The bikers have joined ACC Futures Coalition and will rally outside parliament next Tuesday.   Labour and the Greens will fight the bill throughout all parliamentary stages, because it is wrong, wrong, wrong.

The Maori Party have a call to make on this one.  Remember, they agreed to support the ACC bill when ACT was refusing to. which gave the numbers to get the bill through first reading.  ACT later came to the party, agreeing to support the bill through all stages with a deal to open up ACC’s work account to competition (in other words, privatisation).

The Maori Party said they wanted to let the people to have a say on the bill, and they would listen to the submissions and decide on whether they continued their support.

Rahui Katene said during the first reading that :

“……..We agreed to support the introduction of the bill and its referral to a select committee so that people can express their views. We want to hear about people’s experience with the scheme. Among others, we want to hear from workers and their whānau who have suffered an injury, health workers, and providers of rehabilitation services. We do this so that the accident compensation scheme can once again be a world leader; so that it can be affordable, fair, and culturally competent; and so that it can remember always to focus on the best interests of the community.”

Unfortunately, no MP from the Maori Party was at any of the Select Committee hearings to listen to the people, including those representing the 400,000 seasonal and casual workers, many of whom are Maori and the large number of Maori who work in primary industries, where injury rates are high – who will lose big time from this bill.

However, it seems that the Maori Party might have other interests. Katene said during the first reading that :

“There is another dimension to our decision to vote for this bill’s being referred to select committee to let the people have a say on accident compensation, and that is the potential for Māori entrepreneurship and enterprise to rise to the opportunity for innovation. In 2007 ACC undertook a risk-profile review with groups within the Ngāi Tahu umbrella, resulting in a considerable annual levy reduction. The Federation of Māori Authorities has also been interested in pursuing dialogue around levy rates and the possibility of a Māori consortium leading a corporate arrangement with ACC, possibly focusing initially on specific industry sectors such as forestry, fishing, construction, and farming.”

Another big call for the Maori Party.   I wonder if this one is a deal-breaker – or indeed if anything is?

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Filed under: ACC, Māori

ACC cuts coming to someone near you

Posted by Darien Fenton on February 8th, 2010

With the ACC Bill due to be reported back to parliament this Friday from Select Committee, watch out for a stepping up of opposition to ACC cutbacks and privatisation.

The ACC Futures Coalition and the leadership of last year’s “bikeoi”,  have teamed up to organise a march and rally on 16 February opposing the Government’s attacks on ACC.

Brent Hutchison, organiser of the bikeoi says :

“When we came here last year we were concerned about unfair levies.  We said we would be back, and now we will be – together with other groups who are feeling the impact of what the Government is doing to ACC. In November we were chanting ‘who’s next’ and now we know. It is the worker in the dangerous job, the seriously injured person who is to be forced off ACC weekly compensation on to a benefit, the victim of sexual abuse, the worker who is forced to use up all their holiday pay before being entitled to full weekly compensation and the worker who is deemed to be suffering less than 6% hearing loss. It is all New Zealanders who are next because we all rely on ACC as our backstop, and we will be there on 16 February to tell the Government to leave our scheme alone.”

And the CTU has developed three videos, which played on giant screens at the Westpac Stadium Queen’s Wharf and Courtenay Place during the Wellington Sevens game in the weekend.

Make sure you look out for the report back on Friday from the Select Committee considering the ACC bill.  You will see then if the government has taken any notice of those opposed to the slashing of entitlements in the bill – which was, by the way, almost every submitter.

Tags:
Filed under: ACC, protest

How miserly can you be?

Posted by Darien Fenton on January 18th, 2010

Among the raft of changes proposed by the government in its ACC bill (currently being considered by Select Committee), is a miserly provision that injured workers who lose their jobs have to use up their holiday pay before weekly compensation is paid.

So, in addition to losing your job – usually because of the injury or redundancy – you lose the holiday pay that you earned before you were injured.

How mean is this? And what’s the point? The Cabinet paper recommending these and the other changes to ACC says that the estimated savings would be just over $1 million – most of it in the earners account. Savings yes, but paid for by workers’ hard-earned money. The stunningly dumb risk assessment says that :

“Claimants may think its unfair to have weekly compensation abated because of annual leave accrued while they were earning or accrued in a previous financial year but was not paid until termination of employment.”

Even Treasury warned that the relatively small savings didn’t seem to justify the unfairness of the provision.

So, if you take your holidays, you get ACC.  If you don’t, because you’re too busy (or hardworking) to take the time off, or you are saving the holiday time to be with your family, forget it.

The truth is that this is just one example of the government’s ACC changes that will shift the cost of the injury to the worker (and the health and welfare system).

After all the debate on this blog in the past few days about so-called welfare bludgers and keeping your own money, I wonder what people think of this one.


Too precious to mine

Posted by Carol Beaumont on December 28th, 2009

Last night at Smitty’s Bar and Grill in Whitianga I joined David Bennett (National) and Catherine Delahunty (Green) on the TV show Back Benches.

One of the issues we discussed is the potential mining of land protected because of its high conservation value under Schedule 4 of the Crown Minerals Act.  The Government is undertaking a stocktake of this land which includes all DOC land, coastline and most offshore islands north of the Kopu-Hikuai Rd in the Coromandel.  On November 27 Gerry Brownlee indicated his view that mining should be allowed in this currently protected land in the Coromandel.

I, like many others, believe the Coromandel is one of the most beautiful and environmentally significant parts of New Zealand.  The peninsula includes a vast array of different environments from mountains to the coast.   The natural environment is a major drawcard for tourists and a major factor in local residents’ quality of life. Mining would potentially threaten the mountains, coasts, islands, water catchments and native forests that make this area the special place that it is.  All mining- underground or opencast has negative impacts.  Gold mining which is what is of interest in the Coromandel has consequences such as hazardous waste, damage to unstable areas, water pollution, impact on the landscape (even underground mines require roads), damage to habitats of native fauna and flora not to mention the disruption of noise, vibration and heavy truck movements.

In relation to economic development in places like the Coromandel it is important to compare the value of mining to that generated by tourism.  Across New Zealand the figures are $1.6 billion versus $21 billion.   Tourism relies on the preservation of the natural environment.

At Back Benches last night there were many people wearing Tshirts with the slogan ‘The Coromandel  is too precious to mine’.  They are members of the Coromandel Peninsula Watchdog.  I want to acknowledge the determination and commitment of this group which has fought to protect the Coromandel for 25 years, as they say “to ensure the unique wilderness heritage that the Coromandel offers is not lost to the short term exploitation of minerals”.  This National government has certainly got Watchdog members understandably worried and on alert.

Of course it is not just the Coromandel threatened by this review of Schedule 4.  

As we count down to 2010 it may be worth thinking about the things that are precious to us as New Zealanders.  In my uninterrupted 30 seconds Last Word last night I spoke of the Government’s plans to destroy our world class no fault ACC scheme.  This important piece of our social infrastructure is too precious to become a privatised insurance scheme. 

What does this National Government value?


National’s ACC and Super scaremongering exposed

Posted by Chris Hipkins on December 6th, 2009

Earlier in the year John Key sent a letter to every senior citizen in my electorate reiterating his promise to resign if the National-led government cut the rate of superannuation or raised the retirement age. It was a hollow promise. Key knows it’s a promise he will never need to keep because he will be long gone by the time the crunch comes. It will be at least 10-15 years before the real pinch starts, and about 25 years before we feel the full effects of the “baby boomer” retirement. Key’s promise is all the more hollow because he, along with Bill English and the rest of the Cabinet, have cut savings to pay for future superannuation entitlements.

Under Labour, Michael Cullen set up the New Zealand Superannuation Fund and set aside some of the money that we’ll need in the future to pay for Super. Cutting contributions to the fund was one of Bill English’s first moves as Finance Minister. It was a stupid decision. Latest Treasury figures show the fund with higher than forecast returns of the $1.3 billion for the four months to 31 October. That return would have no doubt been higher if more money had been paid into the fund. National argued the cut was necessary due to the recession, ignoring that the best time to invest is when prices are low.

National’s scaremongering over ACC has a similar hollow ring to it. John Key and Nick Smith used the lower returns from the ACC investment funds to justify huge levy hikes and cutting of entitlements. But ACC’s investment funds had returns of $600 million in the four months to 31 October, which like the NZ Super Fund were higher than expected. Week by week, the National Party’s economic track record is looking all the more superficial and lightweight.