21 Oct 2016
EM v ACCIDENT COMPENSATION CORPORATION [2016] NZHC 2535
- Citation
- [2016] NZHC 2535
- Court
- High Court
The court held that EM's claim was not barred by s 317 ACA 2001 because that provision bars persons who have sustained a covered personal injury from pursuing common law damages but does not extend to third parties like EM who claim distinct financial losses; further, given clause 14(f) Schedule 1 ACA 2001 expressly requires ACC to consider disruption to household family members and given the lack of direct statutory review or appeal rights for affected family members, a private cause of action for breach of statutory duty and a novel negligence duty to a primary caregiver are not so plainly…