Update for people who have received care records from MSD

On 19 August 2024, the High Court issued its decision in H and Anor v Attorney-General. The decision addressed the question of how specific documents commissioned for court proceedings involving children and young people (including social work and psychological reports) should be assessed by agencies who have copies of these documents on their files for release under the Privacy Act 2020. 

The Court accepted there are clear reasons for courts engaged in proceedings involving children to “maintain control of the distribution of documents regarding those children”. However, it noted that when the children are adults, that reason alone, “does not constitute a limit on their right to access their own personal information held by the Agencies”.

The decision also stated that: “The access and disclosure provisions in the welfare legislation do not impose a prohibition or restriction or regulate the manner in which information is to be made available, in relation to the personal information of the child or young person once they are an adult.”

Accordingly, an agency holding this information must provide the information to the person concerned unless a court has ordered that specific personal information not be provided to the person concerned or another exception in the Privacy Act applies.

This means that for claimants who have received copies of the care records from MSD they may be able to receive copies of additional documents from their care files that they have not previously received. If you have previously received a copy of your care records and would like to receive these documents please contact Historic Claims by phone on 0800 631 127 or email historicclaims@msd.govt.nz and we can assist you with this request.