27 March 2024
Percy Doyle
[FYI request #26049 email]
Kia ora Percy
Your Official Information Act request, reference: GOV-031063
Thank you for your email of 10 March 2024, asking for the following information under the Official
Information Act 1982 (the Act):
Please provide a copy of the legal advice received in relation to the 2016 Havlock North water
contamination cases. News article for your reference:
https://www.rnz.co.nz/news/national/330680/acc-seeks-legal-advice-on-campylobacter-payouts.
"ACC is seeking legal advice on whether it should pay out on claims from people who became il
because of the water contamination crisis in Havelock North."
A search has been completed for the legal advice you requested
Two pieces of correspondence were identified within scope of your request. This correspondence was
advice concerning whether ACC should wait for an alleged criminal activity to be prosecuted, and for
convictions to be secured, before cover could be granted under the Accident Compensation Act (2001). This
correspondence has been withheld in full under section 9(2)(h) of the Act to maintain legal professional
privilege.
ACC has considered whether there are reasons why it is desirable, in the public interest, to make this
information available. ACC is of the view that the need to maintain legal professional privilege outweighs
any public interest in making the information available.
That said, please find attached ‘
ACC’s approach to considering claims for cover for ingestion or inhalation of
a virus, bacterium, protozoan or fungus’ policy. This policy was developed in part from the legal advice
provided.
If you are not happy with this response
You can contact the Ombudsman v
ia [email address] or by phoning 0800 802 602.
Information about how to make a complaint is available at
www.ombudsman.parliament.nz.
Ngā mihi
Christopher Johnston
Manager Official Information Act Services
Government Engagement
GOV-031063 Page 1 of 1
