ORDER PROHIBITING PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION OR IDENTIFYING PARTICULARS OF THE APPLICANT.
IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
CIV-2015-412-000125 [2016] NZHC 2769
BETWEEN J
Applicant
AND
ACCIDENT COMPENSATION CORPORATION
Respondent
Hearing: On the papers Counsel:
P Sara & A Beck for the Applicant
A S Butler for the RespondentJudgment:
18 November 2016
JUDGMENT OF NATION J
[1] On 23 April 1998, J underwent a sterilisation operation. It failed because of a mistake. J became pregnant and had a child in early June 2006.
[2] J’s initial claim for cover for pregnancy was declined by the Accident
Compensation Corporation (ACC) on 18 August 2006. On review on 20 December
2007, that decision was quashed. ACC then appealed to the District Court. In light of the then leading authority of the Court of Appeal in Accident Compensation Corporation v D1, ACC’s original decision was restored.
[3] Following the decision of the Supreme Court in Allenby v H2, ACC accepted
J’s renewed claim for cover on 31 August 2012.
[4] J was granted cover for her pregnancy. This was for the physical effects of the pregnancy which was treated as ceasing shortly after the birth of her child. She received compensation for a short period, ending not long after the birth of her child.
[5] J sought review of the decision to end compensation soon after the birth of her child. On review on 3 September 2013, ACC’s original decision was confirmed. J appealed.
[6] On 31 July 2015, the District Court allowed J’s appeal. The Judge held that J was entitled to compensation for the period after the child was born because, by having to care for her child, she was unable to engage in her pre-injury employment.
[7] The Judge gave ACC leave to appeal various questions to the High Court. In essence, the issue on the appeal to the High Court was whether, where pregnancy is considered a personal injury for which there is cover under the Accident Compensation Act 2001 (the Act) (in this instance, because of failed sterilisation), weekly compensation was payable by ACC to a mother who is medically able to work but nevertheless decides to care for a child rather than return to work after a successful pregnancy.
[8] In a judgment of 22 July 2016, I concluded that, for J to have a continuing entitlement under the Act, both the birth of the child and the need to look after it had to be part of the personal injury she suffered in becoming pregnant.3 I held the District Court had been incorrect in holding that J was unable, because of her personal injury (the pregnancy), to return to her pre-injury employment.
[9] As a result, I quashed the decision of the District Court.4 The effect of this was that ACC’s decision, to decline to provide…
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- [2016] NZHC 2769
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