New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sick building syndrome

Legal area

Court

15 Mar 2006

Anderson v Accident Compensation Corporation

Citation

[2006] NZACC 59
Court

District Court

Appeal dismissed because claimant failed to establish a physical (personal) injury as required by s4 and, alternatively, failed to prove that any particular property or characteristic of her workplace caused or contributed to her symptoms under s7(1)(a); reviewer findings that no cohort existed, lack of objective environmental evidence, and corrective steps (printer filters changed, air‑conditioning tested) meant onus of causation was not discharged.
6 Mar 1997

Mallia v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 31
Court

District Court

On the balance of probabilities the appellant suffered an injury describable as sick building syndrome/multiple chemical sensitivity that was caused or materially contributed to by volatile organic compounds/formaldehyde in the Council buildings where she worked; s7(1)(c) is to be read so that risk comparison may consider risk to 'any person' including those with predispositions (eggshell characteristics); the injury was not attributable to an air-conditioning system for the purposes of s7(3)(a); accordingly the review officer's decision is reversed and the appellant is granted cover under th…