Queenstown Lakes District Council v Palmer

Queenstown Lakes District Council v Palmer CA83/98 [1998] NZCA 190; [1999] 1 NZLR 549 is a cited case in New Zealand regarding the claiming of damages for nervous shock from witnessing an accident.

[1] Mark Palmer and his wife were tourists from the US, and went white water rafting on the Shotover River.

Palmer sued the rafting company and the local council for damages for his mental injuries.

The council defended the matter by claiming that the ACC law prohibited awarding damages for injury in NZ.

The Court of Appeal confirmed that section 14(1) now allowed people to sue for mental injury resulting in witnessing an accident.