Question of abuse victim’s ability to sue goes to Supreme Court

Supreme Court Justices are deciding whether an Air Force staffer who was repeatedly locked in a metal cage should be able to sue the man who abused her and her former employer.

Mariya Taylor is trying to get compensation from convicted rapist and former sergeant Robert Roper and the Royal New Zealand Airforce for abuse suffered at the Whenuapai base in the 1980s.

The key question raised at today’s hearing was whether Taylor’s mental injuries were covered under the Accident Compensation Act.

Last year a Court of Appeal hearing found that while some of the abuse was covered by ACC, it didn’t cover instances when Taylor was repeatedly locked in a metal tyre cage, and a car.

Taylor’s lawyer Graeme Little said ACC provided for people who were treated until 1999, but the legislation was updated in 2001. He said Taylor’s post-traumatic stress disorder was not diagnosed until 2014.

“If Parliament in 2001 had wanted to say cover continued for others whose treatment was after that date, they could’ve said so – but they didn’t say so.”

He said Taylor wouldn’t be covered entirely by ACC and should be able to seek compensation.

However, lawyers for the Crown told the Supreme Court that Taylor should not be able to claim twice for the same harm.

Antonia Fisher, acting for the Attorney-General, said Taylor would be covered entirely by the Accident Compensation Act, if at least one cause of her mental injuries was outlined in it.

“That’s the social contract – if you’re able to get cover for your personal injury then you lose your claim to sue.”

Roper’s counsel, Laurence Herbke, said it did not matter which element of the abuse led to Taylor’s mental injuries – it would all be covered as a whole.

“I don’t think it matters whether or not they’re substantial causes, or insubstantial, or not substantial, it doesn’t matter – as long as there’s cover for that harm suffered for that injury, then the analysis ends there.”

The 2021 Court of Appeal hearing followed a 2018 High Court ruling, which found the claim for compensation had been brought too late, and that ACC laws prevented anyone suing for damages over an injury they could get an ACC payment for.

This was despite the court finding that the Taylor’s post-traumatic stress disorder, anxiety and depression were caused by the abuse.

“I found it likely that Mr Roper had acted as [she] alleged, and that these acts were a material and substantial cause of [her] mental injury, namely, her post-traumatic stress disorder,” Justice Edwards wrote in that decision.

“There can be no dispute that Mr Roper’s conduct towards [her] was heinous.”