ACC to re-examine gastro bug claims

ACC is seeking legal advice on whether it should be covering claims filed after the Havelock North gastro outbreak.

A spokesman said the corporation had identified five claims relating to the campylobacter outbreak in August last year.

‘‘Four were declined, and one accepted because it was for a physical injury to someone with the gastro bug. We are seeking legal advice as to whether the infringements of regulations admitted by the councils – as outlined in the Government’s inquiry report – can be considered criminal acts under our legislation.

‘‘ACC can only provide cover for claims which meet criteria outlined in our legislation, and the Accident Compensation Act says the ingestion of bacteria is not considered an accident unless it is the result of a criminal act,’’ he said.

‘‘If need be, we will re-consider the declined claims once that legal advice has been received and considered,’’ he said.

A lawyer who specialises in ACC cases, Warren Forster, said the fact that Hastings District Council paid the infringement fines issued by Hawke’s Bay Regional Council meant that a sufficient level of offending had been established.

The outbreak made some 5500 of the town’s 14,000 residents ill with campylobacteriosis. It has been linked to three deaths.

The regional council originally decided to prosecute the district council. That prosecution was later withdrawn and replaced with the issuing of two infringement fines of $500 each. Those fines were paid before Christmas.