Pregnancy

Contributed by Morgan Speight and current to 1 March 2025

Circumstances that are covered

ACC can provide cover in two distinct circumstances:

1. Where a pregnancy occurs as a result of a rape - section 20 (2) (a) Accident Compensation Act 2001
2. Where a pregnancy occurs a result of a failed female sterilisation procedure - section 20 (2) (b) Accident Compensation Act 2001

Pregnancy is recognised as a personal injury where it happens as a result of either of these circumstances - Allenby v H [2011] NZSC 71.

Circumstances that are not covered

• Pregnancy that is the result of consensual sex
• Pregnancy that is the result of a failed vasectomy
• Pregnancy that is the result of a failed contraceptive method (not including sterilisation procedures).

Who is covered?

• Where the claim is for a pregnancy that will be covered, the pregnant person will be entitled to ACC benefits.
• Where a child sustains ante-natal injuries, but is born alive then:
  • That child is entitled to ACC benefits
  • The biological mother of the child will only be entitled to ACC benefits if she also suffers an injury to herself (this can be a physical, mental or treatment injury) - Harrild v Director of Proceedings [2003] NZCA 12
• Where a woman becomes infertile as a result of a treatment and it is an unintended and unexpected consequence. This will include a treatment that is intended to render a person infertile for a limited time, but their infertility lasts for longer than the intended and expected time period - S R v Accident Compensation Corporation [2011] NZACC 355

Areas that are uncertain

This area of the law is currently undergoing a lot of development, and as a result, there are some areas that are uncertain. It is currently unclear:

• How long ACC entitlements will last for a pregnancy that attracts ACC entitlements;
• The kind of treatments which will count as a sterilisation procedure, and how far this cover will extend.

This can be a complicated area of law, and it may be advantageous to consult a lawyer if you think that your pregnancy may be eligible for ACC cover, particularly if ACC declines your claim.

Injuries that occur to the mother as a result of the birthing process

ACC now covers what it terms a "maternal birth injury". They define that as “an application of a force or resistance internal to the human body at any time from the onset of labour to the completion of delivery that results in [a specified] injury to a person who gives birth.”

The ACC website lists specific types of birth injuries that it covers and does not cover. It is best to talk with your care provider as to whether your birth injury falls under these criteria.