New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Severity and rarity requirements
  • 12 Sept 1996

    MM v Accident Rehabilitation and Compensation Insurance Corporation

    Citation
    [1996] NZACC 79
    Court
    District Court

    The court held that pregnancy following a failed tubal ligation does not constitute personal injury by accident and, in any event, the appellant did not establish medical misadventure under s.5 because the severity requirement was not met and the causal chain was broken by the intervening act of sexual intercourse; appeal dismissed.

    • Medical misadventure
    • Pregnancy as personal injury
    • Causation and intervening act
    • Severity and rarity requirements
    • Statutory interpretation of s.5