17 Feb 2015
MACKENZIE v THE ATTORNEY-GENERAL (sued in respect of the Crown Health Financing Agency) [2015] NZHC 191
- Citation
- [2015] NZHC 191
- Court
- High Court
As personal representative the plaintiff has an arguable standalone cause of action for unauthorised removal of a body part without consent, but the claim is statute-barred because the cause of action accrued on the date of removal (22 October 1987) and, at the latest, upon discoverable notification (21 March 2005), so the proceeding commenced in 2012 is outside the Limitation Act 1950 periods; the Attorney-General is the proper defendant by statutory succession.