Legislative consideration of approving cover for illness
Percy Doyle made this Official Information request to Accident Compensation Corporation
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From: Percy Doyle
Dear Accident Compensation Corporation,
Q 1
Please provide details of legislative consideration of approving cover for illness for the following case: https://www.rnz.co.nz/news/national/3491...
Q 2
Please provide figures for the Havelock North water contamination cases including the number of claims received in total, the number accepted, and the number declined.
Q 3
Please provide details of legislative consideration in approving or declining cover in relation to Q 2.
Q 4
Please provide the figures for the number of non-injury related illness covered per year for the last ten years.
Q 5
In relation to Q 4, please specify what illnesses were covered for these cases.
Q 6
In relation to Q 5, please provide the total figures for the number of times each non-injury related illness was covered in the last ten years.
Q 7
Please provide a figure for the total cost of non-injury related illness covered in the last ten years.
Yours faithfully,
Percy Doyle
From: Government Services
Accident Compensation Corporation
Kia ora
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From: Government Services
Accident Compensation Corporation
Kia ora Percy
Please find attached our response to your official information request
dated 08 February 2024. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.
If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
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Ngâ mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
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From: Percy Doyle
Dear Christopher of Government Engagement at ACC,
Thank you for your reply.
Q 1 - Havlock North Cases
I understand you had difficulty in undertaking the finding of all Havlock North cases and therefore are unable to provide accurate numbers. Could you please find one claim that was approved for cover and specify what cover was awarded for.
In relation to approving cover, you referred me to the legislation in your answer below. I presume you're answering that in relation to questions 1 & 3 I had in relation to cover in the wild boar case and the Havlock North water contamination cases.
"The relevant legislation for the case you refer to can be found in section 25(1)(ba) of the Accident Compensation Act 2001 here: Accident Compensation Act 2001 No 49 (as at 06 September 2023), Public Act 25 Accident – New Zealand Legislation."
In relation to the Havlock North cases, you may or may not know that campylobacter is a bacterial infection. The legislation you refer to includes reference to it as "bacterium".
The relevant section of the legislation is Section 25 (1) (b) and (ba). I copy this below:
(b)
the inhalation of any solid, liquid, gas, or foreign object on a specific occasion, which kind of occurrence does not include the inhalation of a virus, bacterium, protozoan, or fungus, unless that inhalation is the result of the criminal act of a person other than the injured person:
(ba)
the oral ingestion of any solid, liquid, gas, fungus, or foreign object on a specific occasion, which kind of occurrence does not include the ingestion of a virus, bacterium, or protozoan, unless that ingestion is the result of the criminal act of a person other than the injured person:
Can you confirm that you're telling me then, that ACC covered those cases due to "criminal act"?
Q 2 - Wild Boar Cases
In relation to the wild boar cases, what was cover awarded for? Please be as specific as possible.
Again, referring the legislation you referenced I noted again in Q 1, were the cases covered due to "criminal act"?
Yours sincerely,
Percy Doyle
From: Government Services
Accident Compensation Corporation
Kia ora
Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.
We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. Please note that the period from 25 December 2023
to 15 January 2024 (inclusive) are not counted as working days under the
Official Information Act 1982, and our offices will be closed from 25
December to 7 January. OIA requests submitted after 27 November 2023 may
take a bit longer than you expected. You can check the [1]Ombudsman OIA
response calculator to find when your request for official information
will be due.
In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.
The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff before deciding whether we can
release this information, and this may take a bit more time. If we do not
hear from you, we will assume that you do not require staff names.
Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.
Ngâ mihi,
Government Engagement, ACC
' 0800 101 996
* Box 242, Wellington 6011
[6]www.acc.co.nz
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From: Government Services
Accident Compensation Corporation
Kia ora Percy
Please find attached our response to your official information request
dated 10 March 2024. If you have any questions about the response you can
contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.
If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here.
Ngâ mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
Disclaimer:
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information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
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From: Percy Doyle
Dear Government Services,
Thank you for confirming the details for that 'Havelock North Water contamination claims'.
For the questions relating to the 'Wild boar cases', I would like some more clarity on this case.
As you have said, "Entitlements provided in this case were the cost of hospital bills, lost income, and rehabilitation.", this is seen in the news article as well "The family's lawyer, Sue Grey, said ACC would cover the cost of their hospital bills, lost income, and rehabilitation."
You also state that "We can confirm that cover wasn’t given in this case because of a ‘criminal act’." and the news article states "On top of the illness there's been this big delay in getting the ACC cover because of the initial incorrect diagnoses of botulism."
Could you please confirm what diagnosis ACC has accepted cover for with the 'Wild boar cases'.
Yours sincerely,
Percy Doyle
From: Government Services
Accident Compensation Corporation
Kia ora,
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Government Services
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From: Government Services
Accident Compensation Corporation
Kia ora Percy
Please find attached our response to your official information request
dated 01 April 2024. If you have any questions about the response you can
contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.
If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here.
Ngâ mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
References
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2. https://www.acc.co.nz/contact/
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