By Melanie Trevethick

My case against the Ministry of Health based on the difference between ACC and the MoH funding was heard at the Wellington High Court on March 17th. While we still await the judge’s decision it is encouraging to be able to report that the Human Rights Commission again presented submissions in support of my claim. The counsel for the HRC stated that as the High Court was only able to deal with the case from a legalistic perspective; its parameters being too narrow to neither provide any sense of social justice for the

claimant nor fully deal with the issue of disparity. The HRC lawyer went on to state that my case should not be struck out as was Crown Law’s contention and instead recommended that it should proceed to a full and substantive HRC hearing.

This is the second time the HRC have come to my defence. For such awell-respected body to take such a position is wonderful for all equity-for-illness supporters. Now left to deliberate a considerable stack of submissions, our hope is that the judge will place great weight on the HRC’s statements and find in my favour.

If we should not win in the High Court we are prepared to go to the Court of Appeal but of course we hope that won’t be necessary. My aim from the beginning has been to have the case go to a full HRC hearing so the vastly different levels of funding between the two providers can be openly debated.