New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Disclosure of health information

Legal area

Court

21 Oct 2021

TE POU MATAKANA LIMITED v ATTORNEY-GENERAL [2021] NZHC 2833

Citation

[2021] NZHC 2833
Court

High Court

The Privacy Commissioner was granted leave to intervene because interpretation and application of r 11(2)(d) is central to the judicial review and of wider public importance, and the Commissioner is uniquely qualified to assist the Court; leave was granted subject to conditions limiting scope and timing of submissions to avoid expansion of issues, delay and increased costs.
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.