5 November 2025
Percy Doyle
[FYI request #32704 email]
Kia ora Percy
Your Official Information Act request, reference: GOV-044104 Thank you for your request of 30 October 2025, asking for the following information under the Official
Information Act 1982 (the Act):
You previously wrote regarding this case with the last letter on 12 April 2024. I note the following articles which follow up on the cases: Ill family still waiting for payout | Otago Daily Times Online News
Church withholds $60,000 raised to help poisoned Waikato family | Stuff
Both articles state that "Botulism was eventually ruled out after tests were negative and the
cause is still unknown." Yet, ACC has confirmed that it covered the cases. This appears to contradict the legislation as ACC cannot cover "unidentified poisoning". Please confirm the legal mechanism under which ACC has provided cover for "unidentified
poisoning". Alternatively, please advise that the information provided in the news articles are
factually incorrect.
Our response
We cannot comment on individual cases without the permission of our clients; however, please see
below some general information about cover for poisoning.
Under section 25(1)(ba) of the Accident Compensation Act 2001 (the AC Act), ACC covers injuries
caused by an inhalation or ingestion accident if:
• there is inhalation or ingestion of any solid, liquid, gas or foreign body on a specific occasion;
and
• the inhalation or ingestion causes a physical injury.
ACC does not cover injury caused by an inhalation if:
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• there is inhalation of a virus, bacteria, protozoa or fungus, unless it’s the result of a criminal act
by another person.
To be considered an accident, the personal injury must be caused by a specific occasion of inhalation
or ingestion. Determining if the injury was caused by a specific occasion could involve being able to
identify the place that the ingestion or inhalation that caused injury occurred, as well as being able to
define the time period it occurred in.
Injuries caused by a specific occasion of inhalation or ingestion are likely to be acute (i.e. develop
suddenly) and have symptoms present shortly after the inhalation or ingestion. Injuries that develop
over longer periods of time are usually due to high levels of ingestion or inhalation over an extended
period of time and are generally not covered, because they do not usually meet the accident criteria.
Regarding poisoning specifically, this will also come under section 25(1)(ba) of the AC Act. ACC can
accept that a personal injury has occurred when the claim information shows:
• the person has ingested a substance that is believed to be potentially toxic or corrosive; and
• the person has received some form of active treatment or intervention from a medical
practitioner.
If you have any questions about this response, please get in touch You can email me at
[email address].
If you are not happy with this response, you can also contact the Ombudsman via
[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
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