The Detail: Fair or victim-blaming? The fight over rising ACC levies

Without the injunction, ACC levies will rise for motorcycle riders from Wednesday. Bikers are angry, calling it 'victim blaming' and at odds with the purpose of the scheme.

A Te Kūiti grandmother, who lost the lower half of her body after a devastating motorcycle crash, says she doesn't support ACC's decision to significantly increase levies for riders from this Wednesday.

Bev McIndoe underwent a rare 14-hour hemicorporectomy in 2020, 12 years after a crash near Gisborne left her with catastrophic injuries and years of relentless pain.

She says the radical surgery, which removed everything below her waist, was her only option, after enduring excruciating pain through her spine, pelvis and legs.

While she hasn't ridden since, McIndoe still loves motorcycles and doesn't believe riders should pay hundreds of dollars more each year to register them.

"I think it sucks, actually," the 60-year-old grandmother tells The Detail. "I don't think it's very good at all."

From Wednesday, ACC's new levy structure comes into force, with motorcycles split into three engine-size categories.

For larger bikes, annual registration will jump to $816, up from $540 last year, before rising again to $960 in 2027.

ACC says the increases better reflect the expected lifetime cost of motorcycle injuries.

McIndoe's own list of injuries stretches across pages of medical notes, including a traumatic brain injury, fractured ribs, spinal fractures, and severe nerve damage through her pelvis and lower limbs.

She says she was responsible for the crash that changed her life, but that many motorcyclists are injured because drivers simply don't see them.

"I would probably ride at least once a week, probably more," she says. "People... they just don't notice you."

She recalls countless close calls.

"I'd have at least three times a ride, where people would pull out in front of me."

On one occasion, she slowed after spotting a car and trailer parked on the roadside.

"I thought, 'What are they doing?' Then they pulled out and turned right in front of me.

"Luckily, I had brakes. It's just what happens.

"You've got to be a defensive rider."

Rather than increasing levies, she believes more investment should go into educating motorists.

The levy increase is now the subject of a High Court challenge.

Motorcycle Advocacy Group New Zealand (MAGNZ) is seeking a judicial review, arguing the new charging structure unfairly penalises riders for crashes they often didn't cause. A decision on its application for an injunction is expected on Monday.

MAGNZ spokesperson Mark Chapple says the case isn't about denying motorcycle injuries cost ACC money, but rather about who should bear that cost.

"It's just outrageous," he says. "There's a total lack of transparency and consultation and common sense."

He says ACC data shows about 90 percent of motorcycle crashes at intersections are caused by motorists.

While he accepts motorcycle injuries are expensive, he argues riders shouldn't pay higher levies, when another road user is responsible.

"It is victim-blaming," he says. "Look at amateur rugby... cycling... skiing... there are a multitude of other activities that cost ACC more overall than motorcyclists, but the legislation allows them to single out motorcyclists for different treatment.

"We believe this is testing the public's appetite for victim-blaming."

ACC declined an interview while the matter was before the courts.

In a statement, deputy corporate and finance chief executive Stewart McRobie says levy settings are designed to ensure users contribute in proportion to the risk they create and the expected lifetime cost of injuries.

Motorcycle injuries are forecast to cost ACC about $266 million a year during the current levy cycle.

Although motorcycles make up about four percent of New Zealand's vehicle fleet, they account for about a quarter of ACC road injury costs.

Previously, motorcyclists contributed about 28 percent of the cost of their claims. That will increase to 33 percent from 1 July and 37 percent from 1 July next year, with the balance continuing to be subsidised by other vehicle owners.

ACC also says police crash data shows 37 percent of motorcycle injury claims arise from single-vehicle crashes, where the rider's actions contributed to the crash, and the levy increase brings riders' contribution more closely into line with those crashes.

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