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When you’re covered by ACC, and when you’re not

Maternal birth injuries

Accident Compensation Act 2001, Schedule 3A

From 1 October 2022, ACC has included maternal birth injuries as injuries caused by accidents that you can now claim cover for. A maternal birth injury is described 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.”

If you suffered from an injury during labour and childbirth, you may be covered by ACC if it is one of the birth injuries listed in the Accident Compensation Act (“the Act”).

What injuries are covered?

Accident Compensation Act 2001, Schedule 3A

The Act lists the types of birth injuries covered by ACC including tears, prolapses, fractures and ruptures of the uterus.

You can also claim for a “mental injury,” or any other physical injury caused by a listed birth injury. If you are suffering from depression or other mental harm caused by a listed birth injury, talk to your doctor, nurse, midwife, physio, or other health care provider.

If your health care provider is submitting a claim for a maternal birth injury on your behalf, they need to be ACC registered. If your health care provider is not ACC registered, they should be able to refer you to one. For more information see: “Making a claim and dealing with ACC.

What is not covered?

The definition of accident in terms of maternal birth injuries is “an application of a force or resistance internal to the human body.” So, while a tear will be considered an accident, an episiotomy or caesarean section will not be because they are considered a necessary surgical incision.

If an injury that happened during childbirth or labour isn’t covered, it might be covered as a treatment injury instead (for example, an infection after a caesarean section birth). For more information see: “Injuries caused by medical treatment: “Treatment injuries”

Note: You will only be covered for maternal birth injuries that happened on or after 1 October 2022. Any birth injury that happened before that date is not covered.


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Accident compensation (ACC)

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Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Accident Compensation Corporation (ACC)

ACC’s website provides information to help you navigate the ACC system. It includes information on the claims process, possible entitlements and how to resolve an issue with ACC.

Website: www.acc.co.nz

General questions 
Email: information@acc.co.nz
Phone: 04 816 7400
Claims helpline: 0800 101 996

Sensitive claims
Email: sensitiveclaims@acc.co.nz
Phone: 0800 735 566
Free therapy services for sensitive claims: www.findsupport.co.nz

Deaf services email: deaf@acc.co.nz

Language and cultural services phone:  0800 101 996

Request your personal information:  www.acc.co.nz/contact/request-for-personal-information

Way Finders

Way Finders is a free nationwide independent service that can provide you with general or specific advice about ACC and help you navigate the system.

Website: www.wayfinders.org.nz 
Email: info@wayfinders.org.nz
Phone: 0800 273 030

Talk Meet Resolve (TMR)

Talk Meet Resolve is a free independent nationwide service that can assist you in resolving your dispute with ACC.

Website: www.talkmeetresolve.co.nz
Email: info@talkmeetresolve.co.nz
Phone: 0800 119 221

Complete the webform: www.talkmeetresolve.co.nz/contact

Medical Council of NZ

The Medical Council of New Zealand is responsible for ensuring doctors are competent and fit to practise. The website contains a register of practising doctors.

Website: www.mcnz.org.nz

Health and Disability Commissioner

The Health and Disability Commissioner website sets out your rights under the Code of Health and Disability Services Consumers’ Rights and how you can make a complaint to the Commissioner.

Website: www.hdc.org.nz
Email: hdc@hdc.co.nz
Phone: 0800 119 221

To make a complaint online: www.hdc.org.nz/making-a-complaint/make-a-complaint-to-hdc

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Website: www.privacy.org.nz
Email: enquiries@privacy.org.nz
Phone: 0800 803 909

To make a complaint online: www.privacy.org.nz/your-rights/making-a-complaint

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