NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • Deloitte Fast 50
    • Generate wealth weekly
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / New Zealand

Taranaki farmer with terminal cancer fought two years to get compensation

RNZ
4 Nov, 2024 08:08 PM3 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save
    Share this article
The farmer was diagnosed with terminal prostate cancer in 2022. Photo / 123RF

The farmer was diagnosed with terminal prostate cancer in 2022. Photo / 123RF

By Kate Green of RNZ

A Taranaki dairy farmer with terminal cancer has fought for nearly two years to receive compensation, and now has less than a year left to live.

ACC first declined cover for the 53-year-old, who RNZ has agreed not to name, and then came through with a lowball offer when an independent reviewer approved him for cover.

Solicitor Merlyn Remiens from John Miller Law spoke to RNZ on his client’s behalf, saying: “He feels as though the corporation is trying to put the lowest possible dollar value on his life.”

The man was diagnosed with terminal prostate cancer by a specialist in December 2022, after visiting the Hāwera Emergency Department for abdominal pain and unintentional weight loss, among other symptoms, two months earlier.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

In February last year, he lodged an ACC claim through the uro-oncology department at Taranaki Base Hospital, seeking cover for “malignant neoplasm of prostate” as a work-related gradual injury, due to exposure to dioxin and 2,4,5-Trichlorophenoxyacetic acid in the form of pesticides.

A letter from his oncologist in support of his obtaining cover, dated October 9, noted the cancer had “unfortunately been relatively resistant to treatment and his prognosis is poor, certainly less than 12 months”.

ACC first declined cover, saying there was not enough evidence to attribute the cancer to his work.

Advertisement
Advertise with NZME.

But that decision was quashed by an independent reviewer in September.

“While I accept the findings are mixed, there does appear to be reasonable evidence presented of a positive link between pesticide application and prostate cancer,” she wrote.

Following that, ACC landed on an initial impairment rating of 55%, which would have meant a payout of $66,146.

This would have barely covered the debt caused by years of being unable to work, Remiens said, and they challenged the decision.

Two weeks later, ACC raised his impairment rating to 78%, meaning a payout of $160,842 (an increase of more than $96,000) which he had since received.

The maximum impairment rating – and that which was normally given to terminally ill applicants, Remiens said – was 80%, for a payout of $173,180.

“Even after all of this battling, they’ve still set him $13,000 below the maximum,” he said.

The most egregious failing, Remiens said, was the lack of explanation for the change.

ACC deputy chief executive for service delivery Michael Frampton said in a statement the impairment rating was updated “after receiving further information”.

Remiens said that was not good enough.

Advertisement
Advertise with NZME.

“They don’t elaborate on why that is, there’s no consistency, there’s no rationale that can be applied to other clients, we can’t then use this to provide an accurate estimate for somebody else, because it is essentially arbitrary,” he said.

“I accept that they have discretion, but that discretion needs to be exercised within logical bounds.”

Remiens said, unfortunately, this kind of situation was common.

“This happens so regularly that the inconsistency is becoming the main problem, because we may have one client where they’re feeling generous that day, and they get their 80%, no problem.

“And then we get another client like [this one], who inexplicably receives 55 one day, followed by 78 the other day, followed by being invited to be reassessed, essentially, on his death, when of course he can’t be assessed.”

- RNZ

Advertisement
Advertise with NZME.


Save
    Share this article

Latest from New Zealand

Wellington

Sir Peter Jackson’s vision realised as 'majestic' peninsula becomes public reserve

New Zealand
|Updated

Candi-dating: Voters quiz election hopefuls in speed-dating style event

New Zealand

'Profit from our tragedy': Tom Phillips' family speak out for first time since death, 'disturbed' at doco


Sponsored

Kiwi campaign keeps on giving

Advertisement
Advertise with NZME.

Latest from New Zealand

Sir Peter Jackson’s vision realised as 'majestic' peninsula becomes public reserve
Wellington

Sir Peter Jackson’s vision realised as 'majestic' peninsula becomes public reserve

The Wellington space is expected to be open to the public within the next 6 to 12 months.

10 Sep 03:44 AM
Candi-dating: Voters quiz election hopefuls in speed-dating style event
New Zealand
|Updated

Candi-dating: Voters quiz election hopefuls in speed-dating style event

10 Sep 03:41 AM
'Profit from our tragedy': Tom Phillips' family speak out for first time since death, 'disturbed' at doco
New Zealand

'Profit from our tragedy': Tom Phillips' family speak out for first time since death, 'disturbed' at doco

10 Sep 03:40 AM


Kiwi campaign keeps on giving
Sponsored

Kiwi campaign keeps on giving

07 Sep 12:00 PM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP