Court of Appeal ruling clarifies ACC cover

A photo showing the ACC logo on an office building.

A Court of Appeal ruling has provided guidance and clarity to a complex area of law regarding ACC cover.


The Court of Appeal today issued a ruling which held that failure to diagnose spina bifida during pregnancy is a treatment injury to the child.

The Court’s ruling provides guidance and clarity in a complex area which the legislation does not explicitly address. ACC sought the Court’s guidance with a view to applying its approach consistently.

The ruling is available on the Courts of New Zealand website. 

Court of Appeal ruling

Our role is now to gain a thorough understanding of the ruling and its impact, so we can implement the legal decision correctly. 

As this is a complex area, it’s important we take the time needed to get this right.