New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Causation for non‑pecuniary loss
  • 28 Aug 2020

    C v ACCIDENT COMPENSATION CORPORATION [2020] NZHC 2229

    Citation
    [2020] NZHC 2229
    Court
    High Court

    ACC's disclosure of highly sensitive health information to Aon breached r11 of the Health Information Privacy Code because the sensitive material was not necessary nor reasonably connected to the purpose for which it was collected (assessment of physical back injury entitlements), but the appellant failed to prove the requisite causation under s66 because the significant humiliation and loss of dignity flowed from subsequent disclosures by third parties rather than ACC's disclosure; accordingly no remedies under s66 were awarded and the appeal was dismissed.

    • Disclosure of health information
    • Limits on disclosure (health information privacy code r11)
    • Interference with privacy (privacy act s66)
    • Remedies and damages under privacy act (ss85,88)
    • Causation for non‑pecuniary loss