Lochead-MacMillan v AMI Insurance Ltd [2012] NZHRRT 5 was an important case on privacy law in New Zealand that was decided in the Human Rights Review Tribunal.
On 4 February 2010, the claimants requested AMI for a copy of audio files and transcripts, which under the Privacy Act they had the legal right to obtain.
Concerned about the progress of their insurance claim, on 6 May 2010 they requested AMI to also provide a copy of the VFR fire investigation report.
While in this instance they got a reply from AMI on 21 May, they refused to provide them with the report on the grounds of litigation privilege.
The Tribunal ruled that AMI breached the Lochead-MacMillan's privacy on numerous grounds, including not giving a written decision to access requests, not providing records within a reasonable time, and not informing them of their right to lodge a complaint with the Privacy Commission.