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New Zealand · Year 3 · Torts & Accident Compensation

ACC & NZ Torts

No-fault compensation and privacy torts.

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  1. 1.What report led to the accident compensation scheme?

    The Woodhouse Report (1967); the scheme began on 1 April 1974.

    Accident Compensation Act 1972

  2. 2.What is the effect of the ACC bar on personal injury claims?

    No person may bring proceedings for damages arising directly or indirectly out of personal injury covered by the Act (now s 317, Accident Compensation Act 2001), though exemplary damages remain available.

    Accident Compensation Act 2001, ss 317, 319

  3. 3.Couch v Attorney-General (No 2) [2010] — held?

    Exemplary damages in negligence are available only where the defendant acted with subjective recklessness (conscious appreciation of the risk).

    [2010] NZSC 27

  4. 4.Hosking v Runting [2005] — held?

    Recognised a tort of invasion of privacy by publicity given to private facts where publication would be highly offensive to a reasonable person.

    [2005] 1 NZLR 1 (CA)

  5. 5.C v Holland [2012] — held?

    Recognised the tort of intrusion upon seclusion in New Zealand.

    [2012] NZHC 2155

  6. 6.Invercargill City Council v Hamlin [1996] — held?

    The Privy Council upheld that NZ councils owe homeowners a duty of care in inspecting buildings; NZ courts could develop their own law on economic loss.

    [1996] AC 624 (PC)