New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Causation: single occasion v gradual exposure
  • 8 Apr 2008

    Hamilton v Accident Compensation Corporation

    Citation
    [2008] NZACC 77
    Court
    District Court

    The Court found the evidence established long‑term, low‑level exposure to VOCs and formaldehyde leading to MCS as a gradual process rather than a single identifiable inhalation or absorption event; therefore the condition did not meet the statutory definition of "accident" under s25(1)(b) or (d) and ACC's decision to decline cover was correct.

    • Definition of "accident" under s25 iprc act 2001
    • Multiple chemical sensitivity (mcs)
    • Causation: single occasion v gradual exposure
    • Coverage eligibility under acc