79C3C34C52B45572883A05D425EB0F82
Accident Compensation Act2001
http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/72019/72845/F1542550120/NZL72019%202019.pdf
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This file was generated: 2020-12-01 07:39:40
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator illegal:
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p.000056: (4) Work-related personal injury includes personal injury caused by a work-rela- ted gradual process, disease, or
p.000056: infection.
p.000056: (4A) Work-related personal injury includes work-related mental injury that is suf- fered in the circumstances
p.000056: described in section 21B.
p.000056: (5) Work-related personal injury includes personal injury suffered by a person resulting from treatment for a
p.000056: work-related personal injury as defined in sub- sections (1), (3), or (4), whether or not the injury is a
p.000056: treatment injury as defined in section 32.
p.000056: (6) Work-related personal injury does not include personal injury suffered by a person when all the following
p.000056: conditions exist:
p.000056:
p.000056:
p.000056:
p.000057: 57
p.000057:
p.000057:
p.000057:
p.000057:
p.000057: Part 2 s 29 Accident Compensation Act 2001
p.000057: Reprinted as at 1 April 2019
p.000057:
p.000057: (a) the personal injury is suffered in any of the circumstances described in subsection (1); and
p.000057: (b) the personal injury is suffered in the circumstances described in section 21; and
p.000057: (c) the person elects to have the personal injury regarded as a non-work injury, in which case that
p.000057: personal injury is a non-work injury.
p.000057: (7) It is irrelevant to the decision whether the person suffered a work-related per- sonal injury that, when the
p.000057: event causing the injury occurred, he or she—
p.000057: (a) may have been acting in contravention of any Act or regulations applic- able to the employment, or in
p.000057: contravention of any instructions, or in the absence of instructions; or
p.000057: (b) may have been working under an illegal contract; or
p.000057: (c) may have been indulging in, or may have been the victim of, miscon- duct, skylarking, or
p.000057: negligence; or
p.000057: (d) may have been the victim of a force of nature.
p.000057: (8) This section is subject to section 29 (personal injuries that are both work-rela- ted and motor vehicle
p.000057: injuries).
p.000057: Compare: 1998 No 114 s 32
p.000057: Section 28(4A): inserted, on 1 October 2008, by section 9 of the Injury Prevention, Rehabilitation, and Compensation
p.000057: Amendment Act 2008 (2008 No 46).
p.000057: Section 28(5): amended, on 1 July 2005, by section 11 of the Injury Prevention, Rehabilitation, and Compensation
p.000057: Amendment Act (No 2) 2005 (2005 No 45).
p.000057:
p.000057: 29 Personal injury that is both work-related and motor vehicle injury
p.000057: (1) An injury is a work-related personal injury, and is not a motor vehicle injury, if it—
p.000057: (a) falls within the definitions of both work-related personal injury and motor vehicle injury; but
p.000057: (b) is suffered in the circumstances described in section 28(1)(c) or (d) that relate to travel to or from
p.000057: employment or a place of treatment.
p.000057: (2) An injury is a motor vehicle injury, and is not a work-related personal injury, if it—
p.000057: (a) falls within the definitions of both motor vehicle injury and work-related personal injury; but
p.000057: (b) is suffered in the circumstances described in section 28(1)(a) or (b).
p.000057: (3) However, a person is entitled to first week compensation if either subsection
p.000057: (1) or subsection (2) applies.
p.000057: Compare: 1998 No 114 ss 32(4), 38(3)
p.000057:
p.000057:
p.000057:
p.000057:
p.000057:
p.000058: 58
p.000058:
...
Searching for indicator unlawful:
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p.000195: receiving, or have applied to receive any treat- ment to which those persons are entitled.
p.000195: (6) The information they may request is—
p.000195: (a) such biographical information as is sufficient to identify those persons, including their addresses; and
p.000195: (b) such details of the entitlement of those persons as are necessary for the purpose of this section.
p.000195: (7) A request under subsection (4) must be made in accordance with arrangements made between the Corporation
p.000195: and the Director-General, or the Corporation and each chief executive.
p.000195: (8) The Corporation may supply the information requested to, as appropriate,—
p.000195: (a) an officer or employee or agent of the Ministry authorised by the Director-General to receive it:
p.000195: (b) an officer or employee or agent of the district health board authorised by the chief executive to receive it.
p.000195: (9) The information may be supplied in such form as is determined by agreement between the Corporation and the
p.000195: Director-General, or the Corporation and each chief executive.
p.000195: Compare: 1998 No 114 s 369
p.000195:
p.000195: 283 Disclosure of information by Corporation for injury prevention purposes
p.000195: (1) The purpose of this section is to facilitate the disclosure of information by the Corporation to the
p.000195: department responsible for administering the Oranga Tama- riki Act 1989 for the purpose of preventing or
p.000195: limiting injury to children or young persons arising through unlawful activity.
p.000195: (2) For the purpose of this section, the Corporation may provide information to that agency about
p.000195: claimants and other persons if the Corporation believes on reasonable grounds that it is reasonably necessary to
p.000195: achieve the purpose of this section.
p.000195:
p.000195:
p.000195:
p.000196: 196
p.000196:
p.000196:
p.000196: Reprinted as at
p.000196: 1 April 2019 Accident Compensation Act 2001
p.000196: Part 7 s 286
p.000196:
p.000196: (3) Information must be provided under subsection (2) in accordance with an agreement between the
p.000196: Corporation and the chief executive of that department.
p.000196: Section 283(1): amended, on 14 July 2017, by section 150(2) of the Children, Young Persons, and Their Families (Oranga
p.000196: Tamariki) Legislation Act 2017 (2017 No 31).
p.000196:
p.000196: 284 Reporting of risk of harm to public
p.000196: (1) This section applies to information collected by the Corporation in the course of processing claims—
p.000196: (a) for treatment injury; or
p.000196: (b) for personal injury of a type described in section 20(2)(d); or
p.000196: (c) for personal injury caused by medical misadventure; or
p.000196: (d) that are in the nature of claims for treatment injury, but are caused by a person who is not a registered
p.000196: health professional.
p.000196: (2) If the Corporation believes, from information referred to in subsection (1), there is a risk of harm
...
Political / Indigenous
Searching for indicator native:
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p.000222:
p.000222:
p.000223: 223
p.000223:
p.000223:
p.000223:
p.000223:
p.000223: Part 9 s 328 Accident Compensation Act 2001
p.000223: Reprinted as at 1 April 2019
p.000223:
p.000223: Section 327(e): repealed, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000223: Amendment Act (No 2) 2005 (2005 No 45).
p.000223:
p.000223: 328 Regulations relating to reviews and appeals
p.000223: For the purposes of Part 5, the Governor-General may, on the recommendation of the Minister, by Order in Council, make
p.000223: regulations—
p.000223: (a) prescribing rules for the conduct of reviews:
p.000223: (b) prescribing rules for the lodging of notices in the District Court relating to appeals:
p.000223: (c) prescribing the form of a notice of appeal:
p.000223: (ca) prescribing a fee that must accompany a notice of appeal:
p.000223: (d) defining specified registry for the purposes of sending or filing notices of appeal:
p.000223: (e) prescribing rules for the conduct of appeals:
p.000223: (f) prescribing a scale of costs for the purposes of section 148.
p.000223: Compare: 1998 No 114 s 405
p.000223: Section 328(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
p.000223: Section 328(ca): inserted, on 14 November 2018, by section 4 of the Tribunals Powers and Proced- ures Legislation Act
p.000223: 2018 (2018 No 51).
p.000223:
p.000223: 328A Regulations relating to alternative dispute resolution
p.000223: (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations
p.000223: providing for 1 or more of the following pur- poses:
p.000223: (a) setting out a framework or rules (or both) governing the conduct of alter- native dispute resolution:
p.000223: (b) requiring the Corporation to pay costs to claimants at the appropriate rate or scale specified in
p.000223: the regulations, which costs may apply whether or not regulations are for the time being in force under paragraph (a):
p.000223: (c) prescribing the time frames for the lodging of review applications about matters under Part 5 that undergo an
p.000223: alternative dispute resolution pro- cedure, which time frames may be longer (but not less) than those set out in
p.000223: section 135(2).
p.000223: (2) In the absence of regulations for the time being in force under subsection (1)(a), the use of
p.000223: alternative dispute resolution and the manner in which it is to be conducted is a matter for agreement between the
p.000223: Corporation and the claim- ant.
p.000223: Section 328A: inserted, on 1 July 2005, by section 55 of the Injury Prevention, Rehabilitation, and Compensation
p.000223: Amendment Act (No 2) 2005 (2005 No 45).
p.000223:
p.000223:
p.000223:
p.000223:
p.000224: 224
p.000224:
p.000224:
p.000224: Reprinted as at
p.000224: 1 April 2019 Accident Compensation Act 2001
p.000224: Part 9 s 329
p.000224:
p.000224: 329 Regulations relating to levies
p.000224: (1) For the purposes of Part 6, the Governor-General may, on the recommendation of the Minister, by Order in
p.000224: Council, make regulations—
p.000224: (a) specifying, in relation to levies, the maximum amounts and deemed min- imum amounts of earnings for levy
p.000224: purposes:
p.000224: (b) prescribing earnings deemed,—
p.000224: (i) for the purposes of section 169(1), to have been paid by an employer to the employer’s
p.000224: employees or earned by a self- employed person; or
...
Political / criminal
Searching for indicator criminal:
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p.000037: 11 Earnings as an employee: what it does not include 38
p.000037: 12 Earnings as an employee: Work Account levy payable under 40
p.000037: section 168
p.000037:
p.000037:
p.000037:
p.000037:
p.000037: Note
p.000037: Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4
p.000037: at the end of this reprint provides a list of the amendments incorporated.
p.000037: This Act is administered by the Ministry of Business, Innovation, and Employment.
p.000037:
p.000001: 1
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: Accident Compensation Act 2001
p.000001: Reprinted as at 1 April 2019
p.000001:
p.000001: 13 Earnings of private domestic workers 41
p.000001: 14 Earnings as a self-employed person 41
p.000001: 15 Earnings as a shareholder-employee 41
p.000001: 16 New Zealand
p.000043: 43
p.000043: 17 Ordinarily resident in New Zealand 44
p.000043: 18 Spouse (and spouse in relation to deceased claimant) 45
p.000043: 18A Partner (and partner in relation to deceased claimant) 46
p.000043: Part 2 Cover
p.000043: Preliminary provision
p.000043: 19 Key terms in this Part
p.000046: 46
p.000046: Principles
p.000046: 20 Cover for personal injury suffered in New Zealand (except mental 47
p.000046: injury caused by certain criminal acts or work-related mental injury)
p.000046: 21 Cover for mental injury caused by certain criminal acts 48
p.000046: 21A Cover under Accident Rehabilitation and Compensation Insurance 49
p.000046: Act 1992 for mental injury caused by certain criminal acts
p.000046: 21B Cover for work-related mental injury 51
p.000046: 22 Cover for personal injury suffered outside New Zealand (except 52
p.000046: mental injury caused by certain criminal acts or work-related mental injury)
p.000046: 23 Cover for personal injury suffered by persons not ordinarily 53
p.000046: resident in New Zealand: exclusions while travelling to, around, and from New Zealand
p.000046: 24 Cover for personal injury caused by work-related gradual process, 54
p.000046: disease, or infection: exclusion for events occurring outside New Zealand before 1 April 1974
p.000046: Key terms relating to cover
p.000046: 25 Accident
p.000054: 54
p.000054: 26 Personal injury
p.000055: 55
p.000055: 27 Mental injury
p.000056: 56
p.000056: 28 Work-related personal injury 57
p.000056: 29 Personal injury that is both work-related and motor vehicle injury 58
p.000056: 30 Personal injury caused by work-related gradual process, disease, or 59
p.000056: infection
p.000056: 31 Ministerial advisory panel on work-related gradual process, 61
p.000056: disease, or infection [Repealed]
p.000056: 32 Treatment injury
p.000061: 61
p.000061: 33 Treatment
p.000062: 62
p.000062: 34 Cover for personal injury caused by medical misadventure before 63
p.000062: 1 July 2005
p.000002: 2
p.000002:
p.000002: Reprinted as at
p.000002: 1 April 2019 Accident Compensation Act 2001
p.000002: 35 Motor vehicle injury
p.000064: 64
p.000064: Relevant dates of injury
p.000064: 36 Date on which person is to be regarded as suffering mental injury 64
p.000064: 37 Date on which person is to be regarded as suffering personal injury 65
p.000064: caused by work-related gradual process, disease, or infection
...
p.000045: (b) the deceased claimant was not contributing financially to person B’s welfare.
p.000045: (6) Subsection (5) does not apply if the circumstances set out in the subsection occurred principally
p.000045: because of the health, imprisonment, or employment obli- gations of either person B or the deceased claimant.
p.000045: Section 18A: inserted, on 26 April 2005, by section 5 of the Injury Prevention, Rehabilitation, and Compensation
p.000045: Amendment Act 2005 (2005 No 12).
p.000045:
p.000045: Part 2 Cover
p.000045: Preliminary provision
p.000045: 19 Key terms in this Part
p.000045: This Part uses and defines the following key terms:
p.000045:
p.000045:
p.000046: 46
p.000046:
p.000046:
p.000046: Reprinted as at
p.000046: 1 April 2019 Accident Compensation Act 2001
p.000046: Part 2 s 20
p.000046:
p.000046: accident (which is defined in section 25)
p.000046: mental injury (which is defined in section 27)
p.000046: motor vehicle injury (which is defined in sections 29(2) and 35)
p.000046: personal injury (which is defined in section 26)
p.000046: personal injury caused by a work-related gradual process, disease, or infection (which is defined in section
p.000046: 30)
p.000046: treatment injury (which is defined in section 32)
p.000046: work-related personal injury (which is defined in sections 28 and 29(1)).
p.000046: Section 19: substituted, on 1 July 2005, by section 6 of the Injury Prevention, Rehabilitation, and
p.000046: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000046:
p.000046: Principles
p.000046: 20 Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts or
p.000046: work-related mental injury)
p.000046: (1) A person has cover for a personal injury if—
p.000046: (a) he or she suffers the personal injury in New Zealand on or after 1 April 2002; and
p.000046: (b) the personal injury is any of the kinds of injuries described in section 26(1)(a) or (b) or (c) or
p.000046: (e); and
p.000046: (c) the personal injury is described in any of the paragraphs in subsection (2).
p.000046: (2) Subsection (1)(c) applies to—
p.000046: (a) personal injury caused by an accident to the person:
p.000046: (b) personal injury that is treatment injury suffered by the person:
p.000046: (c) treatment injury in circumstances described in section 32(7):
p.000046: (d) personal injury that is a consequence of treatment given to the person for another personal injury for which
p.000046: the person has cover:
p.000046: (e) personal injury caused by a work-related gradual process, disease, or infection suffered by the
p.000046: person:
p.000046: (f) personal injury caused by a gradual process, disease, or infection that is treatment injury suffered by the
p.000046: person:
p.000046: (g) personal injury caused by a gradual process, disease, or infection conse- quential on personal injury suffered
p.000046: by the person for which the person has cover:
p.000046: (h) personal injury caused by a gradual process, disease, or infection conse- quential on treatment given to the
p.000046: person for personal injury for which the person has cover:
p.000046:
p.000046:
p.000046:
p.000047: 47
p.000047:
p.000047:
p.000047:
p.000047:
p.000047: Part 2 s 21 Accident Compensation Act 2001
p.000047: Reprinted as at 1 April 2019
p.000047:
...
p.000047: (a) section 23 denies cover to some persons otherwise potentially within the scope of subsection (1):
p.000047: (b) section 24 denies cover to some persons otherwise potentially within the scope of subsections (1) and (2)(e).
p.000047: (4) A person who suffers personal injury that is mental injury in circumstances described in section 21
p.000047: has cover under section 21, but not under this section.
p.000047: Compare: 1998 No 114 s 39
p.000047: Section 20 heading: amended, on 1 October 2008, by section 5(1) of the Injury Prevention, Rehabili- tation, and
p.000047: Compensation Amendment Act 2008 (2008 No 46).
p.000047: Section 20(2)(b): substituted, on 1 July 2005, by section 7(1) of the Injury Prevention, Rehabilitation, and
p.000047: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000047: Section 20(2)(c): substituted, on 1 July 2005, by section 7(2) of the Injury Prevention, Rehabilitation, and
p.000047: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000047: Section 20(2)(d): substituted, on 1 July 2005, by section 7(3) of the Injury Prevention, Rehabilitation, and
p.000047: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000047: Section 20(2)(f): substituted, on 1 July 2005, by section 7(4) of the Injury Prevention, Rehabilitation, and
p.000047: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000047: Section 20(2)(i): substituted, on 1 July 2005, by section 7(5) of the Injury Prevention, Rehabilitation, and
p.000047: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000047: Section 20(3)(b): amended, on 1 August 2008, by section 5(2) of the Injury Prevention, Rehabilita- tion, and
p.000047: Compensation Amendment Act 2008 (2008 No 46).
p.000047:
p.000047: 21 Cover for mental injury caused by certain criminal acts
p.000047: (1) A person has cover for a personal injury that is a mental injury if—
p.000047: (a) he or she suffers the mental injury inside or outside New Zealand on or after 1 April 2002; and
p.000047: (b) the mental injury is caused by an act performed by another person; and
p.000047: (c) the act is of a kind described in subsection (2).
p.000047: (2) Subsection (1)(c) applies to an act that—
p.000047: (a) is performed on, with, or in relation to the person; and
p.000047: (b) is performed—
p.000047: (i) in New Zealand; or
p.000047: (ii) outside New Zealand on, with, or in relation to a person who is ordinarily resident in New Zealand when the
p.000047: act is performed; and
p.000047: (c) is within the description of an offence listed in Schedule 3.
p.000047:
p.000047:
p.000047:
p.000048: 48
p.000048:
p.000048:
p.000048: Reprinted as at
p.000048: 1 April 2019 Accident Compensation Act 2001
p.000048: Part 2 s 21A
p.000048:
p.000048: (3) For the purposes of this section, it is irrelevant whether or not the person is ordinarily
p.000048: resident in New Zealand on the date on which he or she suffers the mental injury.
p.000048: (4) Section 36 describes how the date referred to in subsection (3) is determined.
p.000048: (5) For the purposes of this section, it is irrelevant that—
p.000048: (a) no person can be, or has been, charged with or convicted of the offence; or
p.000048: (b) the alleged offender is incapable of forming criminal intent.
p.000048: Compare: 1998 No 114 s 40
p.000048:
p.000048: 21A Cover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain
p.000048: criminal acts
p.000048: (1) This section applies to persons who suffered personal injury that is mental or nervous shock suffered as an
p.000048: outcome of any act of any other person, which act—
p.000048: (a) was performed on, with, or in relation to the claimant (but not on, with, or in relation to any other person);
p.000048: and
p.000048: (b) was within the description of any offence listed in Schedule 1 of the Accident Rehabilitation
p.000048: and Compensation Insurance Act 1992 (the 1992 Act); and
p.000048: (c) was performed before 1 July 1992 (including before 1 April 1974) and was performed—
p.000048: (i) in New Zealand; or
p.000048: (ii) outside New Zealand, and the claimant was ordinarily resident in New Zealand within the meaning of the
p.000048: 1992 Act when the act was actually performed.
p.000048: (2) For the purpose of subsection (1),—
p.000048: (a) the personal injury is deemed to have been suffered on the date of the first treatment that the claimant
p.000048: received for that personal injury as that personal injury; and
p.000048: (b) that first treatment must have been received on or after 1 July 1992 and before 1 July 1999; and
p.000048: (c) the treatment must have been of a kind for which the Corporation was required or permitted to make payments
p.000048: either directly under regulations made under the 1992 Act or under an agreement or contract or arrange- ment under
p.000048: section 29A of the 1992 Act, irrespective of whether or not it made any payment in the particular case.
p.000048: (3) For the purposes of subsection (1), it is irrelevant—
p.000048: (a) that no person can be, or has been, charged with or convicted of the offence; or
p.000048:
p.000048:
p.000049: 49
p.000049:
p.000049:
p.000049:
p.000049:
p.000049: Part 2 s 21A Accident Compensation Act 2001
p.000049: Reprinted as at 1 April 2019
p.000049:
p.000049: (b) that the alleged offender is incapable of forming criminal intent; or
p.000049: (c) whether or not the person who suffered the personal injury was ordinar- ily resident in New Zealand within the
p.000049: meaning of the 1992 Act when the personal injury is deemed to have been suffered.
p.000049: (4) Persons to whom this section applies are deemed to have had cover under the 1992 Act for the personal injury
p.000049: described in subsection (1), and the following provisions apply:
p.000049: (a) payments made by or through the Corporation (or a subsidiary of the Corporation) or the
p.000049: Department of Labour to those persons for a per- sonal injury described in subsection (1), whether made
p.000049: before or after the commencement of this section, are deemed to be entitlements paid under the 1992 Act to the extent
p.000049: that the correct amounts were paid:
p.000049: (b) for the purpose of paragraph (a), it does not matter whether or not the payment is a payment made in the
p.000049: belief that section 8(3) of the 1992 Act provided cover:
p.000049: (c) entitlements available as a result of cover deemed by this section are subject to Part 13 of the
p.000049: Accident Insurance Act 1998 and Part 11 of this Act:
p.000049: (d) Part 5 applies to decisions made by or on behalf of the Corporation between 15 July 2003 and the
p.000049: commencement of this section on claims made under section 8(3) of the 1992 Act for which cover is deemed by this
p.000049: section, and Part 5 applies as if those decisions had been made on the date of the commencement of this section.
p.000049: (5) However, the following provisions apply to civil proceedings brought before or after the commencement of this
p.000049: section seeking general damages for mental or nervous shock suffered by a person as an outcome of any act described in
...
p.000050: (5) In subsection (2)(a), a person experiences, sees, or hears an event directly if that person—
p.000050: (a) is involved in or witnesses the event himself or herself; and
p.000050: (b) is in close physical proximity to the event at the time it occurs.
p.000050:
p.000050:
p.000050:
p.000050:
p.000051: 51
p.000051:
p.000051:
p.000051:
p.000051:
p.000051: Part 2 s 22 Accident Compensation Act 2001
p.000051: Reprinted as at 1 April 2019
p.000051:
p.000051: (6) To avoid doubt, a person does not experience, see, or hear an event directly if that person experiences,
p.000051: sees, or hears it through a secondary source, for example, by—
p.000051: (a) seeing it on television (including closed circuit television):
p.000051: (b) seeing pictures of, or reading about, it in news media:
p.000051: (c) hearing it on radio or by telephone:
p.000051: (d) hearing about it from radio, telephone, or another person.
p.000051: (7) In this section, event—
p.000051: (a) means—
p.000051: (i) an event that is sudden; or
p.000051: (ii) a direct outcome of a sudden event; and
p.000051: (b) includes a series of events that—
p.000051: (i) arise from the same cause or circumstance; and
p.000051: (ii) together comprise a single incident or occasion; but
p.000051: (c) does not include a gradual process.
p.000051: Section 21B: inserted, on 1 October 2008, by section 6 of the Injury Prevention, Rehabilitation, and Compensation
p.000051: Amendment Act 2008 (2008 No 46).
p.000051:
p.000051: 22 Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts or
p.000051: work-related mental injury)
p.000051: (1) A person has cover for a personal injury if—
p.000051: (a) he or she suffers the personal injury outside New Zealand on or after 1 April 2002; and
p.000051: (b) the personal injury is any of the kinds of injuries described in section 26(1)(a) or (b) or (c) or
p.000051: (e); and
p.000051: (c) the person is ordinarily resident in New Zealand when he or she suffers the personal injury; and
p.000051: (d) the personal injury is one for which the person would have cover if he or she had suffered it in New Zealand.
p.000051: (2) Subsection (1) applies subject to subsection (3).
p.000051: (3) A person has cover for treatment injury if he or she suffers the personal injury on or after 1 July 2005 as a
p.000051: result of treatment given to him or her while out- side New Zealand, but only if the circumstances described
p.000051: in subsection (4) exist.
p.000051: (4) The circumstances are—
p.000051: (a) the treatment is given by a person who has qualifications that are the same as or equivalent to
p.000051: those of a registered health professional; and
p.000051: (b) the personal injury would be personal injury caused by treatment if the treatment were given by or at the
p.000051: direction of the equivalent of a regis-
p.000051:
p.000052: 52
p.000052:
p.000052:
p.000052: Reprinted as at
p.000052: 1 April 2019 Accident Compensation Act 2001
p.000052: Part 2 s 23
p.000052:
p.000052: tered health professional and the person suffered the injury in New Zea- land; and
p.000052: (c) the person is ordinarily resident in New Zealand when the treatment is given (whether or not he or she is
p.000052: ordinarily resident in New Zealand on the date on which he or she suffers the personal injury).
...
p.000053: occurring outside New Zealand before 1 April 1974
p.000053: (1) A person does not have cover for a personal injury caused by a work-related gradual process, disease, or
p.000053: infection if—
p.000053: (a) he or she suffers the personal injury because, before 1 April 1974, he or she performed a task, or worked in
p.000053: an environment, in the circumstances described in section 30(2); and
p.000053: (b) he or she performed the task, or worked in the environment, outside New Zealand; and
p.000053: (c) he or she was not ordinarily resident in New Zealand when he or she performed the task or worked
p.000053: in the environment (whether or not he or she is ordinarily resident in New Zealand on the date on which he or she
p.000053: suffers the personal injury).
p.000053: (2) Section 37 describes how the date referred to in subsection (1)(c) is deter- mined.
p.000053: Compare: 1998 No 114 s 43
p.000053:
p.000053: Key terms relating to cover
p.000053:
p.000053: 25 Accident
p.000053: (1) Accident means any of the following kinds of occurrences:
p.000053: (a) a specific event or a series of events, other than a gradual process, that—
p.000053: (i) involves the application of a force (including gravity), or resist- ance, external to the human
p.000053: body; or
p.000053: (ii) involves the sudden movement of the body to avoid a force (including gravity), or resistance,
p.000053: external to the body; or
p.000053: (iii) involves a twisting movement of the body:
p.000053: (b) the inhalation of any solid, liquid, gas, or foreign object on a specific occasion, which kind of
p.000053: occurrence does not include the inhalation of a virus, bacterium, protozoan, or fungus, unless that inhalation is the
p.000053: result of the criminal act of a person other than the injured person:
p.000053:
p.000053:
p.000053:
p.000054: 54
p.000054:
p.000054:
p.000054: Reprinted as at
p.000054: 1 April 2019 Accident Compensation Act 2001
p.000054: Part 2 s 26
p.000054:
p.000054: (ba) the oral ingestion of any solid, liquid, gas, fungus, or foreign object on a specific occasion, which kind of
p.000054: occurrence does not include the inges- tion of a virus, bacterium, or protozoan, unless that ingestion is the result of
p.000054: the criminal act of a person other than the injured person:
p.000054: (c) a burn, or exposure to radiation or rays of any kind, on a specific occa- sion, which kind of occurrence
p.000054: does not include a burn or exposure caused by exposure to the elements:
p.000054: (d) the absorption of any chemical through the skin within a defined period of time not exceeding 1 month:
p.000054: (e) any exposure to the elements, or to extremes of temperature or environ- ment, within a defined period of time
p.000054: not exceeding 1 month, that,—
p.000054: (i) for a continuous period exceeding 1 month, results in any restric- tion or lack of ability that prevents the
p.000054: person from performing an activity in the manner or within the range considered normal for the person; or
p.000054: (ii) causes death.
p.000054: (2) However, accident does not include—
p.000054: (a) any of those kinds of occurrences if the occurrence is treatment given,—
p.000054: (i) in New Zealand, by or at the direction of a registered health pro- fessional; or
p.000054: (ii) outside New Zealand, by or at the direction of a person who has qualifications that are the same as or
p.000054: equivalent to those of a registered health professional; or
p.000054: (b) any ecto-parasitic infestation (such as scabies), unless it is work-related; or
p.000054: (c) the contraction of any disease carried by an arthropod as an active vector (such as malaria that results from
p.000054: a mosquito bite), unless it is work-rela- ted.
p.000054: (3) The fact that a person has suffered a personal injury is not of itself to be con- strued as an indication or
p.000054: presumption that it was caused by an accident.
p.000054: Compare: 1998 No 114 s 28
...
p.000169: For the purposes of this Part, the Corporation may determine—
p.000169: (a) whether any income derived by a person is earnings as an employee or earnings as a self-employed person; and
p.000169: (b) whether a person is an employer, an employee, or a self-employed per- son, or any category of employer,
p.000169: employee, or self-employed person; and
p.000169: (c) such other related matters as it considers necessary or relevant for the purpose of assessing the
p.000169: amount of any levy payable.
p.000169: Compare: SR 1996/196 r 23
p.000169:
p.000169: 241 Statements
p.000169: (1) An employer and an earner must provide such statements of earnings or esti- mates of earnings as the
p.000169: Corporation may require.
p.000169: (2) Statements required under subsection (1) must be in such form and contain such particulars as the
p.000169: Corporation may determine.
p.000169: (3) The Corporation may require any person who provides a statement under sub- section (1) to provide further
p.000169: information, and the person must comply with the requirement.
p.000169: Compare: SR 1999/196 r 24
p.000169:
p.000169: 242 Failure to provide statement
p.000169: (1) A person who is required to deliver any statement, document, or other informa- tion under section 241 and who
p.000169: intentionally fails to do so commits an offence against this Act, and is liable on conviction to the penalty specified
p.000169: in section 315.
p.000169: (2) Subsection (1) does not apply where a statement, document, or other informa- tion is to be provided to the
p.000169: Commissioner as an agent of the Corporation.
p.000169: Compare: SR 1999/196 r 27
p.000169: Section 242(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
p.000169: No 81).
p.000169:
p.000169: 243 Power to assess levies
p.000169: (1) The Corporation may determine the amount of levy that ought to be or to have been paid in any case where—
p.000169: (a) an accurate statement of the matters required to be stated in relation to earnings under this Act or
p.000169: regulations made under this Act has not been made; or
p.000169: (b) the Corporation is not satisfied with the statement; or
p.000169: (c) the Corporation is not satisfied that the proper levy has been paid.
p.000169:
p.000169:
p.000169:
p.000170: 170
p.000170:
p.000170:
p.000170: Reprinted as at
p.000170: 1 April 2019 Accident Compensation Act 2001
p.000170: Part 6 s 245
p.000170:
p.000170: (2) Subject to subsection (3), the Corporation may at any time alter or add to the determination made under
p.000170: subsection (1) if such action is necessary to ensure its correctness.
p.000170: (3) If a statement has been delivered in respect of any period and a levy has been paid in respect of that period,
p.000170: the Corporation has no power to make a deter- mination (if a determination has not been made), or alter a determination
p.000170: (if a determination has been made), after the expiration of 4 years beginning on the close of the tax year in
p.000170: which the statement was made unless that statement was, in the opinion of the Corporation, fraudulent or
p.000170: wilfully misleading.
p.000170: (4) The Corporation must give written notice of the determination or alteration of the determination under this
p.000170: section to the person or persons to whom it applies and that person or persons are liable to pay the determined or
p.000170: altered levy, and any specified penalty, on the date specified in the notice of decision.
...
p.000209: 312 Directors, employees, and officers
p.000209: (1) A director, employee, agent, or officer of a body corporate commits an offence against this Act if—
p.000209: (a) the body corporate commits an offence against this Act (the principal offence); and
p.000209: (b) the principal offence was caused by an act done or carried out by, or by an omission of, the director,
p.000209: employee, agent, or officer.
p.000209: (2) A director, employee, agent, or officer who does or carries out the act or omis- sion referred to in
p.000209: subsection (1) is liable on conviction for up to the same maximum penalty that could apply to an individual,
p.000209: if an individual had com- mitted the principal offence.
p.000209: (3) An employee or officer of a body corporate includes a person who, by reason of the person’s employment with,
p.000209: or position in relation to, the body corporate, is responsible by law, contract, or otherwise for undertaking an action
p.000209: on behalf of the body corporate.
p.000209: Compare: 1998 No 114 s 378
p.000209:
p.000209:
p.000209:
p.000209:
p.000209:
p.000210: 210
p.000210:
p.000210:
p.000210: Reprinted as at
p.000210: 1 April 2019 Accident Compensation Act 2001
p.000210: Part 9 s 316
p.000210:
p.000210: Informations
p.000210: 313 Charges
p.000210: (1) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period
p.000210: in respect of an offence against this Act, or any regulations made under it, ends on the date that is 5 years
p.000210: after the termination of the year in which the offence was committed.
p.000210: (2) A charging document may charge the defendant with any number of offences against this Act (whether arising
p.000210: under this section or otherwise) or against regulations made under this Act.
p.000210: (3) A charging document that charges more than 1 such offence must set out separ- ately the particulars of each
p.000210: offence charged.
p.000210: (4) Multiple charges must be heard together unless the court, either before or at any time during the
p.000210: trial, considers it just that any charge should be heard sep- arately and makes an order to that effect.
p.000210: Compare: 1998 No 114 s 379
p.000210: Section 313: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
p.000210: No 81).
p.000210:
p.000210: Summary conviction [Repealed]
p.000210: Heading: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000210:
p.000210: 314 Summary conviction
p.000210: [Repealed]
p.000210: Section 314: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
p.000210: No 81).
p.000210:
p.000210: General fine
p.000210: 315 General fine for offences
p.000210: A person who commits an offence against this Act or any regulations made under it for which no fine is
p.000210: provided in this Act or its regulations, otherwise than in this section, is liable on conviction to a fine not
p.000210: exceeding $500.
p.000210: Compare: 1998 No 114 s 381
p.000210:
p.000210: Offences relating to earner levies
p.000210: 316 Offences in relation to deductions
p.000210: (1) Subject to subsection (5), a person commits an offence against this Act who,—
p.000210: (a) being an employer, or a PAYE intermediary or a private domestic worker, knowingly does not make a
p.000210: deduction required to be made under section 221; or
p.000210:
p.000210:
p.000211: 211
p.000211:
p.000211:
p.000211:
p.000211:
p.000211: Part 9 s 316 Accident Compensation Act 2001
p.000211: Reprinted as at 1 April 2019
p.000211:
p.000211: (b) knowingly applies or permits the application of the amount of a deduc- tion made or deemed to be made under
p.000211: section 221 for any purpose other than in payment to the Corporation or an agent of the Corporation; or
p.000211: (c) knowingly provides altered, false, incomplete, or misleading information to the Corporation or any other
p.000211: person in respect of any matter or thing affecting a deduction required to be made under section 221; or
p.000211: (d) causes or attempts to cause any employer, any PAYE intermediary or a private domestic worker or other person
p.000211: to refrain from making a deduc- tion required to be made under section 221 or to make a lesser deduction than the
p.000211: deduction required to be made under section 221; or
...
p.000339: (2004 No 115).
p.000339:
p.000339: Delegations
p.000339: 25 Additional persons to whom delegations can be made
p.000339: Despite section 73(1)(d) of the Crown Entities Act 2004, the Corporation need not obtain the approval of the
p.000339: Minister before delegating services provided under this Act to any person referred to in paragraph (d) of that
p.000339: section.
p.000339: Schedule 5 clause 25: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000340: 340
p.000340:
p.000340:
p.000340: Reprinted as at
p.000340: 1 April 2019 Accident Compensation Act 2001
p.000340: Schedule 6
p.000340:
p.000340: Schedule 6 Consequential amendments
p.000340: s 337
p.000340:
p.000340: Part 1 Acts amended
p.000340: Administration Act 1969 (1969 No 52)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Armed Forces Discipline Act 1971 (1971 No 53)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Carriage by Air Act 1967 (1967 No 151)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Civil Defence Act 1983 (1983 No 46)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Corporations (Investigation and Management) Act 1989 (1989 No 11)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Criminal Justice Act 1985 (1985 No 120)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Customs and Excise Act 1996 (1996 No 27)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Deaths by Accident Compensation Act 1952 (1952 No 35)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disputes Tribunals Act 1988 (1988 No 110)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: District Courts Act 1947 (1947 No 16)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340:
p.000340:
p.000340:
p.000341: 341
p.000341:
p.000341:
p.000341:
p.000341:
p.000341: Schedule 6 Accident Compensation Act 2001
p.000341: Reprinted as at 1 April 2019
p.000341:
p.000341: Employment Relations Act 2000 (2000 No 24)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Fair Trading Act 1986 (1986 No 121)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Family Proceedings Act 1980 (1980 No 94)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Financial Reporting Act 1993 (1993 No 106)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Fire Service Act 1975 (1975 No 42)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Forest and Rural Fires Act 1977 (1977 No 52)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Disability Commissioner Act 1994 (1994 No 88)
p.000341: Amendment(s) incorporated in the Act(s).
...
p.000365: Compensation for Live Organ Donors Act 2016 (2016 No 96): section 30
p.000365: Accident Compensation Amendment Act 2016 (2016 No 73)
p.000365: Interest on Money Claims Act 2016 (2016 No 51): section 29
p.000365: District Court Act 2016 (2016 No 49): section 261
p.000365: Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27): sections 228, 229
p.000365: Accident Compensation (Effective Date for Repeal of Residual Levies Provisions) Notice 2015 (LI 2015/221): clause 3
p.000365: Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 (2015 No 85)
p.000365: Accident Compensation Amendment Act 2015 (2015 No 71)
p.000365: Accident Compensation (Cover for Mental Injury—Indecency Offences) Amendment Act 2015 (2015 No 45)
p.000365:
p.000360: 360
p.000360:
p.000360:
p.000360: Reprinted as at
p.000360: 1 April 2019 Accident Compensation Act 2001
p.000360: Notes
p.000360:
p.000360: Accident Compensation Amendment Act (No 2) 2013 (2013 No 105)
p.000360: WorkSafe New Zealand Act 2013 (2013 No 94): section 22
p.000360: Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
p.000360: Crown Entities Amendment Act 2013 (2013 No 51): sections 42, 72
p.000360: Accident Compensation Amendment Act 2013 (2013 No 44)
p.000360: Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13): sections 65(1), 97
p.000360: Social Assistance (Living Alone Payments) Amendment Act 2013 (2013 No 11): section 16(1)
p.000360: Student Loan Scheme Amendment Act 2013 (2013 No 10): section 45
p.000360: Minimum Wage (Starting-out Wage) Amendment Act 2013 (2013 No 8): section 6
p.000360: Legislation Act 2012 (2012 No 119): section 77(3)
p.000360: Criminal Procedure Act 2011 (2011 No 81): section 413
p.000360: Student Loan Scheme Act 2011 (2011 No 62): section 223
p.000360: Summary Proceedings Amendment Act 2011 (2011 No 32): section 26
p.000360: Health Practitioners Competence Assurance (Designation of Anaesthetic Technology Services as Health
p.000360: Profession) Order 2011 (SR 2011/227): clause 6(2)
p.000360: Insurance (Prudential Supervision) Act 2010 (2010 No 111): section 241(2)
p.000360: Accident Compensation Amendment Act 2010 (2010 No 1)
p.000360: Customs and Excise Amendment Act 2009 (2009 No 61): section 11(4)
p.000360: Immigration Act 2009 (2009 No 51): section 406(1)
p.000360: Land Transport Amendment Act 2009 (2009 No 17): section 35(4)
p.000360: Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60): section 17 Injury Prevention, Rehabilitation,
p.000360: and Compensation Amendment Act 2008 (2008 No 46)
p.000360: Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008 (2008 No 26)
p.000360: Injury Prevention, Rehabilitation, and Compensation (Occupational Diseases) Order 2007 (SR 2007/402)
p.000360: Income Tax Act 2007 (2007 No 97): section ZA 2(1)
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8) KiwiSaver Act 2006 (2006 No 40):
p.000360: section 231
p.000360: Education Amendment Act 2006 (2006 No 19): section 60(1)
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45)
p.000360: New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42): section 9(1)
p.000360: Crimes Amendment Act 2005 (2005 No 41): section 10
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) Crown Entities Act 2004 (2004 No
...
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p.000060: (4) Treatment injury includes personal injury suffered by a person as a result of treatment given as part of a
p.000060: clinical trial, in the circumstances described in sub- section (5) or subsection (6).
p.000060: (5) One of the circumstances referred to in subsection (4) is where the claimant did not agree, in writing, to
p.000060: participate in the trial.
p.000060: (6) The other circumstance referred to in subsection (4) is where—
p.000060: (a) an ethics committee—
p.000060: (i) approved the trial; and
p.000060:
p.000060:
p.000060:
p.000060:
p.000061: 61
p.000061:
p.000061:
p.000061:
p.000061:
p.000061: Part 2 s 33 Accident Compensation Act 2001
p.000061: Reprinted as at 1 April 2019
p.000061:
p.000061: (ii) was satisfied that the trial was not to be conducted principally for the benefit of the manufacturer or
p.000061: distributor of the medicine or item being trialled; and
p.000061: (b) the ethics committee was approved by the Health Research Council of New Zealand or the Director-General
p.000061: of Health at the time it gave its approval.
p.000061: (7) If a person (person A) suffers an infection that is a treatment injury, cover for that personal injury extends
p.000061: to—
p.000061: (a) person A’s spouse or partner, if person A has passed the infection on directly to the spouse or
p.000061: partner:
p.000061: (b) person A’s child, if person A has passed the infection on directly to the child:
p.000061: (c) any other third party, if person A has passed the infection on directly to that third party:
p.000061: (d) person A’s child or any other third party, if—
p.000061: (i) person A has passed the infection directly to his or her spouse or partner; and
p.000061: (ii) person A’s spouse or partner has then passed the infection directly to the child or third party.
p.000061: Section 32: substituted, on 1 July 2005, by section 13 of the Injury Prevention, Rehabilitation, and Compensation
p.000061: Amendment Act (No 2) 2005 (2005 No 45).
p.000061:
p.000061: 33 Treatment
p.000061: (1) For the purposes of determining whether a treatment injury has occurred, or when that injury
p.000061: occurred, treatment includes—
p.000061: (a) the giving of treatment:
p.000061: (b) a diagnosis of a person’s medical condition:
p.000061: (c) a decision on the treatment to be provided (including a decision not to provide treatment):
p.000061: (d) a failure to provide treatment, or to provide treatment in a timely man- ner:
p.000061: (e) obtaining, or failing to obtain, a person’s consent to undergo treatment, including any information provided
p.000061: to the person (or other person legally entitled to consent on their behalf if the person does not have legal cap-
p.000061: acity) to enable the person to make an informed decision on whether to accept treatment:
p.000061: (f) the provision of prophylaxis:
p.000061: (g) the failure of any equipment, device, or tool used as part of the treatment process, including the failure of
p.000061: any implant or prosthesis (except where the failure of the implant or prosthesis is caused by an intervening act or
p.000061:
p.000061:
p.000062: 62
p.000062:
p.000062:
p.000062: Reprinted as at
p.000062: 1 April 2019 Accident Compensation Act 2001
p.000062: Part 2 s 34
p.000062:
p.000062: by fair wear and tear), whether at the time of giving treatment or subse- quently:
p.000062: (h) the application of any support systems, including policies, processes, practices, and administrative
p.000062: systems, that—
...
p.000115: sections 54 and 134(1)(b).
p.000115: (4) If the reviewer quashes the Corporation’s decision, the reviewer must—
p.000115: (a) substitute the reviewer’s decision for that of the Corporation; or
p.000115: (b) require the Corporation to make the decision again in accordance with directions the reviewer gives.
p.000115: (5) The reviewer may make a decision even though a person entitled to be present and heard at the hearing did not
p.000115: attend it unless, before the reviewer makes the decision,—
p.000115: (a) the person gives the reviewer a reasonable excuse for the person’s non- attendance; and
p.000115: (b) the reviewer considers that a decision should not be made until the per- son has been heard.
p.000115: Compare: 1998 No 114 s 148
p.000115:
p.000115: 146 Deemed review decisions
p.000115: (1) The reviewer is deemed to have made a decision on the review in favour of the applicant if—
p.000115: (a) the date for the hearing has not been set within 3 months after the review application is received by the
p.000115: Corporation; and
p.000115: (b) the applicant did not cause, or contribute to, the delay.
p.000115: (2) The date of the deemed decision is 3 months after the review application is received.
p.000115: Compare: 1998 No 114 s 149
p.000115:
p.000115: 147 Effect of review decisions
p.000115: (1) A review decision is binding on—
p.000115: (a) the applicant and the Corporation; and
p.000115:
p.000115:
p.000115:
p.000115:
p.000116: 116
p.000116:
p.000116:
p.000116: Reprinted as at
p.000116: 1 April 2019 Accident Compensation Act 2001
p.000116: Part 5 s 149
p.000116:
p.000116: (b) any person who has a responsibility under this Act that is invoked in the decision; and
p.000116: (c) any other party to the review.
p.000116: (2) Subsection (1) is subject to subsections (3) and (4).
p.000116: (3) The Corporation is not liable to provide entitlements as a result of a deemed review decision under section
p.000116: 146 other than those able to be provided under this Act.
p.000116: (4) A claimant who is not an applicant cannot lose his or her cover as the result of a deemed review decision
p.000116: under section 146, unless he or she caused or con- tributed to the delay.
p.000116: Compare: 1998 No 114 s 150
p.000116:
p.000116: 148 Costs on review
p.000116: (1) The Corporation is responsible for meeting all the costs incurred by a reviewer in conducting a review.
p.000116: (2) Whether or not there is a hearing, the reviewer—
p.000116: (a) must award the applicant costs and expenses, if the reviewer makes a review decision fully or
p.000116: partly in favour of the applicant:
p.000116: (b) may award the applicant costs and expenses, if the reviewer does not make a review decision in
p.000116: favour of the applicant but considers that the applicant acted reasonably in applying for the review:
p.000116: (c) may award any other person costs and expenses, if the reviewer makes a review decision in favour of the
p.000116: person.
p.000116: (3) If a review application is made and the Corporation revises its decision fully or partly in favour of the
p.000116: applicant for review before a review is heard, whether before or after a reviewer is appointed and whether or not a
p.000116: review hearing has been scheduled, the Corporation must award costs and expenses on the same basis as a reviewer would
p.000116: under subsection (2)(a).
p.000116: (4) The award of costs and expenses under this section must be in accordance with regulations made for the
p.000116: purpose.
...
p.000120: (c) act as an extra member of the court to assist in the determination of the appeal, but the Judge alone
p.000120: determines the appeal.
p.000120: (2) Before starting his or her duties, an assessor must take an oath before a District Court Judge that the
p.000120: assessor will faithfully and impartially perform the duties.
p.000120: (3) The failure of an assessor to perform his or her duties does not prevent the Judge from making a
p.000120: decision on the appeal without the input of the assessor.
p.000120: (4) A Judge who is satisfied that it is appropriate to do so may revoke the appoint- ment of an assessor and may—
p.000120: (a) conduct the hearing, or the rest of it, without an assessor; or
p.000120: (b) appoint a substitute assessor in accordance with section 157.
p.000120: Compare: 1998 No 114 s 161
p.000120:
p.000120: 159 Court may make order as to persons who may be present
p.000120: (1) The court may order that the only persons who may be present during the hear- ing of an appeal are—
p.000120: (a) the Judge; and
p.000120:
p.000120:
p.000121: 121
p.000121:
p.000121:
p.000121:
p.000121:
p.000121: Part 5 s 160 Accident Compensation Act 2001
p.000121: Reprinted as at 1 April 2019
p.000121:
p.000121: (b) any assessor; and
p.000121: (c) officers of the court; and
p.000121: (d) the parties and their representatives; and
p.000121: (e) any other person who is entitled to appear and be heard, and his or her representative; and
p.000121: (f) witnesses; and
p.000121: (g) any other person whom the Judge permits to be present.
p.000121: (2) The court may make an order under subsection (1)—
p.000121: (a) on its own initiative or on the application of a party or any other person who is entitled to appear and be
p.000121: heard; and
p.000121: (b) if it considers it necessary and appropriate to do so to protect the privacy of a party or any other person
p.000121: who is entitled to appear and be heard, but the court may not make the order to protect the Corporation.
p.000121: Compare: 1998 No 118 s 162
p.000121:
p.000121: 160 Court may make order prohibiting publication
p.000121: (1) The court may make—
p.000121: (a) an order forbidding publication of any report or account of the whole or part of—
p.000121: (i) the evidence adduced; or
p.000121: (ii) the submissions made:
p.000121: (b) an order forbidding the publication of the name, address, or occupation, or particulars likely to lead to the
p.000121: identification, of—
p.000121: (i) a party to the appeal; or
p.000121: (ii) a person who is entitled to appear and be heard; or
p.000121: (iii) a witness.
p.000121: (2) The court may make an order under subsection (1) if it is of the opinion that it is necessary and appropriate
p.000121: to do so to protect the privacy of a person referred to in subsection (1)(b), but the court may not make the order to
p.000121: protect the Cor- poration.
p.000121: (3) An order under subsection (1)—
p.000121: (a) may be made for a limited period or permanently; and
p.000121: (b) if made for a limited period, may be renewed for a further period or periods; and
p.000121: (c) if made permanently, may be reviewed by the court at any time.
p.000121: (4) Every person who commits a breach of any order made under subsection (1) or evades or attempts to evade any
p.000121: such order commits an offence and is liable on conviction,—
p.000121:
p.000121:
p.000122: 122
p.000122:
p.000122:
p.000122: Reprinted as at
p.000122: 1 April 2019 Accident Compensation Act 2001
p.000122: Part 5 s 162
p.000122:
p.000122: (a) in the case of an individual, to a fine not exceeding $1,000:
p.000122: (b) in the case of a body corporate, to a fine not exceeding $5,000.
p.000122: Compare: 1998 No 114 s 163
p.000122:
p.000122: 161 Decisions on appeal
p.000122: (1) The court must determine an appeal by—
p.000122: (a) dismissing the appeal; or
p.000122: (b) modifying the review decision; or
p.000122: (c) quashing the review decision.
p.000122: (2) If the court quashes the review decision, it must indicate the effect clearly. The effect may be, for example,
p.000122: to—
p.000122: (a) endorse the Corporation’s decision; or
p.000122: (b) require the Corporation to take the action the court specifies in relation to the Corporation’s decision; or
p.000122: (c) require another review to be conducted in accordance with directions the court gives.
p.000122: (3) Without limiting subsections (1) and (2),—
p.000122: (a) if the appellant, without reasonable excuse, does not appear at the time appointed for hearing the appeal, the
p.000122: court may dismiss the appeal:
p.000122: (b) if the appellant does not prosecute the appeal with due diligence, the court may, on the
p.000122: application of any party, dismiss the appeal.
p.000122: Compare: 1998 No 114 s 164
p.000122:
p.000122: Further appeals
p.000122: 162 Appeal to High Court on question of law
p.000122: (1) A party to an appeal who is dissatisfied with the decision of the District Court as being wrong in law may,
p.000122: with the leave of the District Court, appeal to the High Court.
p.000122: (2) The leave of the District Court must be sought within 21 days after the District Court’s decision.
p.000122: (3) If the District Court refuses to grant leave, the High Court may grant special leave to appeal.
p.000122: (4) The special leave of the High Court must be sought within 21 days after the District Court refused leave.
p.000122: (5) The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016, with all necessary
p.000122: modifications, apply to an appeal under this section as if it were an appeal under section 124 of that Act.
p.000122:
p.000122:
p.000122:
p.000122:
p.000123: 123
p.000123:
p.000123:
p.000123:
p.000123:
p.000123: Part 5 s 163 Accident Compensation Act 2001
p.000123: Reprinted as at 1 April 2019
p.000123:
p.000123: Section 162: substituted, on 24 November 2003, by section 4(1) of the Injury Prevention, Rehabilita- tion, and
p.000123: Compensation Amendment Act 2003 (2003 No 29).
p.000123: Section 162(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016
p.000123: No 49).
p.000123: Section 162(5): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016
p.000123: No 49).
p.000123:
p.000123: 163 Appeal to Court of Appeal on question of law
p.000123: (1) A party to an appeal before the High Court under section 162 who is dissatis- fied with any determination
p.000123: or decision of the Court on the appeal as being wrong in law may, with the leave of the High Court,
p.000123: appeal to the Court of Appeal by way of case stated for the opinion of that court on a question of law only.
p.000123: (2) If the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant
p.000123: special leave to appeal.
p.000123: (3) An appeal to the Court of Appeal must be dealt with in accordance with the rules of the court.
p.000123: (4) The decision of the Court of Appeal on any application for leave to appeal, or on an appeal under this
p.000123: section, is final.
p.000123: Compare: 1998 No 114 s 166
p.000123:
p.000123: 164 Recovery of costs of appeals
p.000123: (1) The Corporation must in each financial year pay to the Ministry of Justice such amount as the Corporation and
p.000123: that Ministry agree as being—
p.000123: (a) the reasonable administrative costs of appeals under this Part; and
p.000123: (b) the reasonable costs of appeals under this Part in relation to judicial sal- aries, fees, and allowances.
p.000123: (2) Subsection (1) applies to costs that are not met by the parties to appeals under this Part.
p.000123: Compare: 1998 No 114 s 167
p.000123: Section 164(1): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amend- ment Act 2003 (2003 No
p.000123: 41).
p.000123:
p.000123: Part 6 Management of the Scheme
p.000123: 165 Duty of Corporation
p.000123: (1) The Corporation has a duty to—
p.000123: (a) determine cover for persons for whom claims for cover are lodged; and
...
p.000177: (2) The Corporation may refrain from making a refund under subsection (1)(a), or notifying the crediting of an
p.000177: amount under subsection (1)(b) or making a refund under subsection (1A), if the amount of the refund or credit
p.000177: is less than
p.000177: $20.
p.000177:
p.000177:
p.000177:
p.000178: 178
p.000178:
p.000178:
p.000178: Reprinted as at
p.000178: 1 April 2019 Accident Compensation Act 2001
p.000178: Part 6 s 258
p.000178:
p.000178: (3) No amount collected under this Act by the Commissioner may be refunded or credited under this section after
p.000178: the expiration of the period of 8 years immedi- ately after the end of the year in which the relevant levy was payable.
p.000178: Compare: SR 1999/196 r 25
p.000178: Section 255(1A): inserted, on 1 July 2003, by section 11(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000178: Amendment Act 2003 (2003 No 29).
p.000178: Section 255(2): amended, on 1 July 2003, by section 11(2) of the Injury Prevention, Rehabilitation, and Compensation
p.000178: Amendment Act 2003 (2003 No 29).
p.000178:
p.000178: 256 Application of payments
p.000178: If a person who makes a payment to the Corporation does not identify the Account or levy to which the
p.000178: payment is to be applied, the Corporation—
p.000178: (a) may apply the payment to such Account or levy that the Corporation sees fit; and
p.000178: (b) must notify the person accordingly.
p.000178: Compare: SR 1999/196 r 22(2)
p.000178:
p.000178: 257 Application of sections 248, 249, and 254 to third parties
p.000178: Sections 248, 249, and 254 apply in respect of any sum of money paid or applied under an agreement or
p.000178: contract or arrangement between the Corpor- ation and a third party (who is a person other than the person who
p.000178: suffered the personal injury concerned) to provide treatment or other entitlement in respect of personal injury
p.000178: covered by this Act as if that sum were a sum of money received from the Corporation by the person who
p.000178: suffered that personal injury.
p.000178: Compare: 1998 No 114 s 325
p.000178:
p.000178: 258 Production of documents
p.000178: (1) The production of any document under the seal of the Corporation, or under the hand of any person authorised
p.000178: for the purpose by the Corporation or an agent of the Corporation, purporting to be a copy of or extract from any
p.000178: statement relating to earnings or from any assessment or amended assessment of levies under this Part, is in all
p.000178: courts and all proceedings (including reviews or appeals conducted under this Act) sufficient evidence of the
p.000178: original, and the production of the original is not necessary.
p.000178: (2) All courts and persons conducting reviews or appeals under this Act must, in all proceedings, take judicial
p.000178: notice of the seal of the Corporation, and of the signature of any officer or agent of the Corporation duly authorised
p.000178: for the pur- pose, either to the original or to any such copy or extract.
p.000178: Compare: 1998 No 114 s 326
p.000178:
p.000178:
p.000178:
p.000178:
p.000178:
p.000178:
p.000178:
p.000179: 179
p.000179:
p.000179:
p.000179:
p.000179:
p.000179: Part 7 s 259 Accident Compensation Act 2001
p.000179: Reprinted as at 1 April 2019
p.000179:
p.000179: Part 7
p.000179: Accident Compensation Corporation
p.000179: The Corporation
p.000179: 259 Accident Compensation Corporation
...
p.000202: (i) must normally include provision for one of the parties to take sole management responsibility for the claims
p.000202: in return for certain pay- ments by the other; or
p.000202: (ii) may include provision for the parties to share management of the claims, but only if it is necessary
p.000202: for the claimant’s successful rehabilitation and it does not unreasonably inconvenience the claimant; and
p.000202: (b) must include provision for the operation of the agreement to be reviewed from time to time to ensure that it
p.000202: continues to properly reflect the best interests of the claimant; and
p.000202: (c) must include provision for allocation of costs of any entitlements already provided after the subsequent
p.000202: injury but before the agreement is reached.
p.000202: (4) If the claimant wishes to seek review under Part 5 of a decision by the insurer or the Corporation, in
p.000202: relation to either the previous injury or the subsequent injury, both the insurer and the Corporation have the right to
p.000202: be present and be heard at the review.
p.000202: (5) Despite the Privacy Act 1993, both the insurer and the Corporation must exchange personal
p.000202: information about the claimant necessary to enable them to reach an appropriate agreement and to provide entitlements.
p.000202: 296 Failure to reach agreement
p.000202: (1) If the insurer and the Corporation are unable to reach an agreement under sec- tion 295(1)(e) within 3
p.000202: months of the subsequent injury being suffered, they must jointly engage a mediator in an endeavour to reach an
p.000202: agreement.
p.000202: (2) If the insurer and the Corporation are still unable to reach an agreement under section 295(1)(e) at the
p.000202: conclusion of the mediation, either party may apply to
p.000202:
p.000202:
p.000202:
p.000203: 203
p.000203:
p.000203:
p.000203:
p.000203:
p.000203: Part 9 s 297 Accident Compensation Act 2001
p.000203: Reprinted as at 1 April 2019
p.000203:
p.000203: the District Court for a determination as to how the claimant’s entitlements should be managed and paid for.
p.000203: (3) Any application to the District Court under this section must be made to the District Court specified in
p.000203: regulations for that purpose and must be made in the prescribed manner.
p.000203: (4) In determining an application under this section, the District Court must have regard to the purpose set out
p.000203: in section 294(2) and must make a determination about which party or parties is or are liable to provide or manage the
p.000203: claimant’s entitlements in respect of both the previous injury and the subsequent injury, and in doing so must
p.000203: incorporate any matters that have already been agreed between the parties.
p.000203: (5) A determination of the District Court may allocate responsibility on a specified basis to either the insurer
p.000203: and the Corporation or to both, including in relation to entitlements that have already been provided and in relation
p.000203: to entitlements that are to be provided.
p.000203: (6) If satisfied that either the previous injury or the subsequent injury is, or was for a particular period,
p.000203: wholly or substantially causing the claimant’s ongoing incapacity or the claimant’s need for ongoing
p.000203: entitlements, the District Court may in its determination direct accordingly that the insurer or the Corporation must
p.000203: bear all of the responsibilities for entitlements from a specified time or for a specified period.
p.000203: (7) In making a determination under this section, the District Court must determine the matter according to the
p.000203: substantial merits of the situation, without regard to minor matters.
p.000203: (8) If the circumstances of the claimant change and the parties are unable to reach agreement about any changes to
p.000203: their responsibilities, either party may apply to the District Court by originating application for further
p.000203: directions in accord- ance with this section.
p.000203: 297 Entitlements not affected by court direction
p.000203: In making a determination under section 296, the District Court must not—
p.000203: (a) direct the Corporation to provide any independence allowance payable in respect of the previous
p.000203: injury; or
p.000203: (b) direct the insurer to provide any lump sum compensation or independ- ence allowance payable in respect of the
p.000203: subsequent injury.
p.000203: 298 Work-related gradual process, disease, or infection involving exposure before 1 April 2002
p.000203: (1) This section applies if a claimant suffers a personal injury caused by a work- related gradual process,
p.000203: disease, or infection on or after 1 April 2002.
p.000203: (2) If an employment task referred to in section 30(2) was performed by the claim- ant or the claimant was
p.000203: employed in an environment referred to in that provi-
p.000203:
p.000204: 204
p.000204:
p.000204:
p.000204: Reprinted as at
p.000204: 1 April 2019 Accident Compensation Act 2001
p.000204: Part 9 s 301
p.000204:
p.000204: sion, at any time on or after 1 July 1999 and before 1 July 2000, the Corpor- ation is entitled to recover some or all
p.000204: of the costs of providing entitlements to the claimant from the insurer who insured the claimant’s employer or, in the
p.000204: case of a self-employed person, the insurer who was the insurer of the self- employed person, at that time
p.000204: under the Accident Insurance Act 1998.
p.000204: (3) The amount that the Corporation may recover is—
p.000204: (a ÷ b) × total costs
p.000204: where—
p.000204: a is the period of time employed in the employment referred to in subsec- tion (2) on or after 1 July 1999 and
...
p.000214: section 106 of the Sentencing Act 2002 or convicted and discharged under section 108 of that Act; or
p.000214: (c) the defendant has been charged with such an offence and, at the time at which the court is making its decision
p.000214: on the claim for exemplary dam- ages, the charge has not been dealt with; or
p.000214: (d) the defendant has not, at the time at which the court is making its deci- sion on the claim for exemplary
p.000214: damages, been charged with such an offence; or
p.000214: (e) the limitation period for bringing a charge for such an offence has expired.
p.000214: (3) In determining whether to award exemplary damages and, if they are to be awarded, the amount of
p.000214: them, the court may have regard to—
p.000214: (a) whether a penalty has been imposed on the defendant for an offence involving the conduct
p.000214: concerned in the claim for exemplary damages; and
p.000214: (b) if so, the nature of the penalty.
p.000214: Compare: 1998 No 114 s 396
p.000214: Section 319(2)(b): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002
p.000214: No 9).
p.000214:
p.000214: 320 Corporation to be heard
p.000214: (1) This section applies to proceedings in which a question arises as to whether or not a person—
p.000214: (a) has suffered personal injury for which he or she has cover; or
p.000214: (b) has suffered personal injury covered by the former Acts; or
p.000214: (c) has died because of personal injury of a kind described in paragraph (a) or paragraph (b).
p.000214: (2) The court, tribunal, or other body hearing the proceedings may not make a determination unless the
p.000214: Corporation is a party to the proceedings or is given an opportunity to be heard.
p.000214: Compare: 1998 No 114 s 397
p.000214:
p.000214: 321 Powers of Corporation when person has right to bring proceedings
p.000214: (1) Subsection (2) applies when—
p.000214:
p.000215: 215
p.000215:
p.000215:
p.000215:
p.000215:
p.000215: Part 9 s 322 Accident Compensation Act 2001
p.000215: Reprinted as at 1 April 2019
p.000215:
p.000215: (a) any entitlement is required to be provided under this Act for personal injury to a person; and
p.000215: (b) the person has the right to bring proceedings for damages in New Zea- land or elsewhere for the personal
p.000215: injury.
p.000215: (2) When this subsection applies, the Corporation may require a person to do one of the following things, at the
p.000215: person’s option and at the Corporation’s expense:
p.000215: (a) to take all reasonable steps to enforce the right; or
p.000215: (b) to assign the right to the Corporation, and to do all other things neces- sary to enable the right to be
p.000215: enforced by the Corporation, within a reasonable period.
p.000215: (3) Subsection (4) applies when—
p.000215: (a) any entitlement has been or is required to be provided under this Act for personal injury to a person; and
p.000215: (b) the person has received a sum of money by way of damages, compensa- tion, or settlement of any claim in New
p.000215: Zealand or elsewhere for the per- sonal injury.
p.000215: (4) When this subsection applies, the Corporation may, as the case requires,—
p.000215: (a) deduct, from the cost of the entitlement required to be provided to a per- son, a sum equivalent to the
p.000215: net amount received by way of damages, compensation, or settlement; or
p.000215: (b) recover from the person, as a debt due, the entitlement provided.
...
p.000276: (f) the likely cost of reasonable alternative living arrangements; and
p.000276: (g) the likely duration of the limitations arising from the personal injury for which the claimant has cover.
p.000276:
p.000276:
p.000277: 277
p.000277:
p.000277:
p.000277:
p.000277:
p.000277: Schedule 1 Accident Compensation Act 2001
p.000277: Reprinted as at 1 April 2019
p.000277:
p.000277: (2) For the purposes of subclause (1)(b)(iii), the assessment of whether a claimant is living independently is
p.000277: not affected by whether the claimant lives with others.
p.000277: Compare: 1998 No 114 Schedule 1 cl 47
p.000277:
p.000277: 19 Modifications to home: rights and responsibilities
p.000277: (1) The Corporation is responsible for—
p.000277: (a) making a preliminary assessment as to whether the proposed modifica- tions serve the purpose in section 79;
p.000277: and
p.000277: (b) if it considers the proposed modifications serve that purpose, meeting the costs of obtaining local
p.000277: authority approval.
p.000277: (2) The claimant is responsible for—
p.000277: (a) obtaining the written consent to the modifications to which the Corpor- ation has given preliminary approval,
p.000277: from the owner of the home and any lessor or co-tenant or mortgagee; and
p.000277: (b) obtaining any quotes required by the Corporation for the proposed modi- fications.
p.000277: (3) The Corporation is—
p.000277: (a) not required to be a contracting party at any stage of the modifications:
p.000277: (b) not liable to the claimant or any other person for any liability arising from the carrying out
p.000277: of the modifications, other than for payment for those modifications the Corporation has approved:
p.000277: (c) not liable—
p.000277: (i) to ensure that the claimant pays any person that undertakes the modifications; or
p.000277: (ii) to pay that person directly, if the claimant does not pay:
p.000277: (d) not liable for the cost of insuring the modifications or the home in which the modifications have been
p.000277: installed:
p.000277: (e) not required to replace any such modifications if the claimant continues to reside in the home:
p.000277: (f) not liable for the cost of removing any modifications no longer required:
p.000277: (g) not liable for the cost of returning a home to its former state if the claim- ant no longer occupies it:
p.000277: (h) not liable for any loss of value of any home resulting from any modifica- tions to, or removal of
p.000277: modifications from, the home:
p.000277: (i) not required to provide or contribute to the cost of modifications to a home to which the
p.000277: claimant moves from the modified home, unless the Corporation has approved the costs of those modifications:
p.000277:
p.000277:
p.000277:
p.000278: 278
p.000278:
p.000278:
p.000278: Reprinted as at
...
Health / Cognitive Impairment
Searching for indicator cognitive:
(return to top)
p.000030: a levy is payable by or in respect of any person
p.000030: specified registry, in relation to an appeal under Part 5, means a registry of the District Court that is for the time
p.000030: being specified in regulations made under this Act for the purposes of sending or filing notices of appeal
p.000030: speech therapist means a member of the New Zealand Speech Language Therapists Association (Incorporated)
p.000030: spouse has the meaning set out in section 18(1) to (3); and, in relation to a deceased claimant, has the
p.000030: meaning set out in section 18(4) to (6)
p.000030:
p.000030:
p.000030:
p.000030:
p.000031: 31
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Part 1 s 6 Accident Compensation Act 2001
p.000031: Reprinted as at 1 April 2019
p.000031:
p.000031: suffers is affected in its interpretation by—
p.000031: (a) section 36 and clause 55 of Schedule 1, when it is used in relation to mental injury:
p.000031: (b) section 37 and clause 55 of Schedule 1, when it is used in relation to per- sonal injury caused by a
p.000031: work-related gradual process, disease, or infec- tion:
p.000031: (c) section 38 and clause 55 of Schedule 1, when it is used in relation to treatment injury or
p.000031: personal injury caused by medical misadventure
p.000031: tax year, in relation to any person, has the same meaning as in section YA 1 of the Income Tax Act 2007 for the
p.000031: purposes of furnishing a return of income under the Tax Administration Act 1994
p.000031: trade plate has the same meaning as in section 233(1) of the Land Transport Act 1998
p.000031: treatment includes—
p.000031: (a) physical rehabilitation:
p.000031: (b) cognitive rehabilitation:
p.000031: (c) an examination for the purpose of providing a certificate including the provision of the certificate
p.000031: treatment injury has the meaning set out in section 32
p.000031: Treatment Injury Account means the Account described in section 228
p.000031: treatment provider—
p.000031: (a) means an acupuncturist, audiologist, chiropractor, counsellor, dentist, medical laboratory
p.000031: technologist, nurse, nurse practitioner, occupational therapist, optometrist, osteopath, physiotherapist,
p.000031: podiatrist, medical practitioner, or speech therapist; and
p.000031: (b) includes a member of any occupational group included in the definition of treatment provider by regulations
p.000031: made under section 322
p.000031: vocational independence, in relation to a claimant, means the claimant’s cap- acity, as determined under section 107,
p.000031: to engage in work—
p.000031: (a) for which he or she is suited by reason of experience, education, or train- ing, or any combination of those
p.000031: things; and
p.000031: (b) for 30 hours or more a week
p.000031: weekly compensation means compensation for loss of earnings, or loss of potential earning capacity, and
p.000031: compensation for the spouse or partner, child, or other dependant of a deceased claimant, that is payable by the
p.000031: Corporation—
p.000031: (a) under any of clauses 32, 47, 66, 70, and 71 of Schedule 1; or
p.000031: (b) under sections 131, 210, 224, Part 10, or Part 11
p.000031:
p.000031:
p.000031:
p.000031:
p.000032: 32
p.000032:
p.000032:
p.000032: Reprinted as at
p.000032: 1 April 2019 Accident Compensation Act 2001
...
p.000055: (1A) Personal injury includes any degree of hearing loss that is 6% or more of bin- aural hearing loss caused by a
p.000055: personal injury described in section 20(2).
p.000055: (1B) Personal injury does not include any degree of hearing loss caused by—
p.000055: (a) a personal injury other than a personal injury described in section 20(2); or
p.000055: (b) the ageing process; or
p.000055: (c) any other factors.
p.000055: (2) Personal injury does not include personal injury caused wholly or substan- tially by a gradual
p.000055: process, disease, or infection unless it is personal injury of a kind described in section 20(2)(e) to (h).
p.000055: (3) Personal injury does not include a cardiovascular or cerebrovascular episode unless it is personal injury of a
p.000055: kind described in section 20(2)(i) or (j).
p.000055: (4) Personal injury does not include—
p.000055: (a) personal injury caused wholly or substantially by the ageing process; or
p.000055: (b) personal injury to teeth or dentures caused by the natural use of those teeth or dentures.
p.000055: (5) For the purposes of subsection (1)(e) and to avoid doubt, prostheses does not include hearing aids,
p.000055: spectacles, or contact lenses.
p.000055: Compare: 1998 No 114 s 29
p.000055: Section 26(1)(da): inserted, on 1 October 2008, by section 8 of the Injury Prevention, Rehabilitation, and Compensation
p.000055: Amendment Act 2008 (2008 No 46).
p.000055: Section 26(1A): inserted, on 1 July 2010, by section 8 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000055: Section 26(1B): inserted, on 1 July 2010, by section 8 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000055:
p.000055: 27 Mental injury
p.000055: Mental injury means a clinically significant behavioural, cognitive, or psycho- logical dysfunction.
p.000055: Compare: 1998 No 114 s 30
p.000055:
p.000055:
p.000056: 56
p.000056:
p.000056:
p.000056: Reprinted as at
p.000056: 1 April 2019 Accident Compensation Act 2001
p.000056: Part 2 s 28
p.000056:
p.000056: 28 Work-related personal injury
p.000056: (1) A work-related personal injury is a personal injury that a person suffers—
p.000056: (a) while he or she is at any place for the purposes of his or her employ- ment, including, for
p.000056: example, a place that itself moves or a place to or through which the claimant moves; or
p.000056: (b) while he or she is having a break from work for a meal or rest or refresh- ment at his or her place of
p.000056: employment; or
p.000056: (c) while he or she is travelling to or from his or her place of employment at the start or finish of his or her
p.000056: day’s work, if he or she is an employee and if the transport—
p.000056: (i) is provided by the employer; and
p.000056: (ii) is provided for the purpose of transporting employees; and
p.000056: (iii) is driven by the employer or, at the direction of the employer, by another employee of the employer or
p.000056: of a related or associated employer; or
p.000056: (d) while he or she is travelling, by the most direct practicable route, between his or her place of
p.000056: employment and another place for the pur- poses of getting treatment for a work-related personal injury, if the treat-
p.000056: ment—
p.000056: (i) is necessary for the injury; and
p.000056: (ii) is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1.
p.000056: (2) In subsection (1)(d), most direct practicable route does not include those parts of a route that
...
p.000268: under Part 5 of this Act with respect to the plan.
p.000268: Compare: 1998 No 114 Schedule 1 cl 34
p.000268:
p.000268: 10 Corporation and claimant may agree to modify plan
p.000268: The claimant and the Corporation may agree to modify the plan from time to time, and clauses 7 to 9 apply to the
p.000268: process of modification and to the modi- fied plan.
p.000268: Compare: 1998 No 114 Schedule 1 cl 35
p.000268:
p.000268: Ancillary services related to rehabilitation
p.000268: 11 When Corporation is liable to pay or contribute to cost of ancillary services related to rehabilitation
p.000268: (1) The Corporation is liable to pay or contribute to the cost of any service reason- ably required by the
p.000268: claimant as an ancillary service related to rehabilitation, such as accommodation, escort for transport, and transport,
p.000268: if the service facili- tates rehabilitation.
p.000268:
p.000268:
p.000269: 269
p.000269:
p.000269:
p.000269:
p.000269:
p.000269: Schedule 1 Accident Compensation Act 2001
p.000269: Reprinted as at 1 April 2019
p.000269:
p.000269: (2) The Corporation is liable to pay or contribute to the cost of accommodation and transport of a
p.000269: person other than the claimant if the presence and support of the person is necessary and appropriate to assist in
p.000269: achieving a rehabilitation outcome for the claimant.
p.000269: (3) This clause applies subject to any regulations made under this Act.
p.000269: Social rehabilitation
p.000269:
p.000269: 12 Definitions
p.000269: In clauses 13 to 23,—
p.000269: aid or appliance means any item likely to assist in restoring a claimant to inde- pendence
p.000269: attendant care—
p.000269: (a) means—
p.000269: (i) personal care; and
p.000269: (ii) assistance with cognitive tasks of daily living, such as communi- cation, orientation, planning, and task
p.000269: completion; and
p.000269: (iii) protection of the claimant from further injury in his or her ordin- ary environment; and
p.000269: (b) includes training a person to provide attendant care, if the Corporation agrees to fund the training; but
p.000269: (c) does not include child care, domestic activities, or home maintenance
p.000269: child—
p.000269: (a) means a child under 14 years; and
p.000269: (b) includes any other child, if the child needs child care because of his or her physical or mental condition
p.000269: communication means conveying and receiving information by using skills such as anger management,
p.000269: assertiveness, ability to concentrate, language, memory, numeracy, social awareness, social skills, speech
p.000269: production and development, and using communications technology
p.000269: domestic activities means cleaning, laundry, meal preparation, and associated shopping activities, in relation to the
p.000269: claimant’s home
p.000269: education support—
p.000269: (a) means the provision of support or assistance for a claimant to assist him or her to achieve independence in
...
p.000270: home—
p.000270: (a) means residential premises in New Zealand in which the claimant lives and which are owned, rented, or
p.000270: otherwise lawfully occupied by the claimant or his or her parent, guardian, or spouse or partner; and
p.000270: (b) includes residential premises in New Zealand in which the claimant pro- poses to live after they are
p.000270: built and which will be owned, rented, or otherwise lawfully occupied by the claimant or his or her parent,
p.000270: guard- ian, or spouse or partner; but
p.000270: (c) does not include any hospital, hostel, hotel, motel, rest home, or other institution
p.000270: home help means the provision, in New Zealand, of domestic activities
p.000270: independence includes the capacity to function in the following areas:
p.000270: (a) communication:
p.000270: (b) domestic activities:
p.000270: (c) educational participation:
p.000270: (e) financial management:
p.000270: (f) health care:
p.000270: (g) hygiene care:
p.000270: (h) mobility:
p.000270: (i) motivation:
p.000270: (j) safety management:
p.000270: (k) sexuality:
p.000270:
p.000270:
p.000270:
p.000271: 271
p.000271:
p.000271:
p.000271:
p.000271:
p.000271: Schedule 1 Accident Compensation Act 2001
p.000271: Reprinted as at 1 April 2019
p.000271:
p.000271: (l) cognitive tasks of daily living, such as orientation, planning, and task completion:
p.000271: (m) use of transport
p.000271: modifications to the home—
p.000271: (a) means alterations to a claimant’s home that—
p.000271: (i) have the purpose of assisting a claimant to live as independently as practicable, having regard to the
p.000271: limitations caused by his or her injury; and
p.000271: (ii) remove structural barriers or add features fixed to the home; and
p.000271: (b) includes real estate fees, legal fees, removal costs, and the costs of any modifications incurred in
p.000271: relocating a claimant to a new home, if the Corporation decides that relocation is the most cost effective
p.000271: alternative to modification of the claimant’s existing home
p.000271: personal care means physical assistance to move around and to take care of basic personal needs such as bathing,
p.000271: dressing, feeding, and toileting
p.000271: rehabilitation outcome means—
p.000271: (a) before an individual rehabilitation plan is agreed, a rehabilitation goal, objective, or result determined by
p.000271: the Corporation:
p.000271: (b) if an individual rehabilitation plan is agreed, a goal, objective, or result specified in the plan
p.000271: training for independence includes—
p.000271: (a) training and coaching a claimant to assist in restoring the claimant’s independence:
p.000271: (b) training in using and maintaining aids or appliances, and integrating them into the claimant’s
p.000271: daily life, for a claimant who needs aids or appliances
...
Searching for indicator impairment:
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p.000018:
p.000018: Part 1 Preliminary provisions
p.000018: 2 Commencement
p.000018: (1) This section and sections 40 to 47, 265, and 274(3) come into force on the day after the date on which this
p.000018: Act receives the Royal assent.
p.000018: (2) Clauses 56(5) and 64(2) of Schedule 1 come into force on 1 April 2003.
p.000018: (3) The rest of this Act comes into force on 1 April 2002.
p.000018: 3 Purpose
p.000018: The purpose of this Act is to enhance the public good and reinforce the social contract represented by the first
p.000018: accident compensation scheme by providing for a fair and sustainable scheme for managing personal injury that has,
p.000018: as its overriding goals, minimising both the overall incidence of injury in the com- munity, and the impact of
p.000018: injury on the community (including economic, social, and personal costs), through—
p.000018: (a) establishing as a primary function of the Corporation the promotion of measures to reduce the incidence and
p.000018: severity of personal injury:
p.000018: (b) providing for a framework for the collection, co-ordination, and analysis of injury-related information:
p.000018: (c) ensuring that, where injuries occur, the Corporation’s primary focus should be on rehabilitation
p.000018: with the goal of achieving an appropriate quality of life through the provision of entitlements that restores to
p.000018: the maximum practicable extent a claimant’s health, independence, and par- ticipation:
p.000018: (d) ensuring that, during their rehabilitation, claimants receive fair compen- sation for loss from injury,
p.000018: including fair determination of weekly com- pensation and, where appropriate, lump sums for permanent impairment:
p.000018: (e) ensuring positive claimant interactions with the Corporation through the development and operation of a Code
p.000018: of ACC Claimants’ Rights:
p.000018: (f) ensuring that persons who suffered personal injuries before the com- mencement of this Act continue
p.000018: to receive entitlements where appropri- ate.
p.000018: 4 Overview
p.000018: In general terms, this Act is arranged as follows:
p.000018:
p.000018:
p.000019: 19
p.000019:
p.000019:
p.000019:
p.000019:
p.000019: Part 1 s 5 Accident Compensation Act 2001
p.000019: Reprinted as at 1 April 2019
p.000019:
p.000019: (a) Part 1 deals with preliminary matters such as the purpose of the Act and definitions:
p.000019: (b) Part 2 determines whether a person has cover:
p.000019: (c) Part 3 provides—
p.000019: (i) for the preparation and approval of a Code of ACC Claimants’
p.000019: Rights; and
p.000019: (ii) how to make a claim under this Act for cover and entitlements, and the process the Corporation
p.000019: must follow in deciding claims:
p.000019: (d) Part 4 sets out what the entitlements are and Schedule 1 sets out the detail of the entitlements:
p.000019: (e) Part 5 provides for the resolution of disputes about decisions:
p.000019: (f) Part 6 provides for the management of the Scheme and for the setting and collection of levies:
p.000019: (g) Part 7 continues the Accident Compensation Corporation and governs its operations:
p.000019: (h) Part 8 relates to the management of injury-related information:
p.000019: (i) Part 9 sets out miscellaneous provisions such as provisions about offences and penalties, and
p.000019: regulation-making powers:
...
p.000024: by the Commonwealth Secretariat
p.000024: former Act includes the Accident Insurance Act 1998, the Accident Rehabili- tation and Compensation Insurance Act 1992,
p.000024: the Accident Compensation Act 1982, and the Accident Compensation Act 1972
p.000024: full-time employment, in relation to an earner, means employment in the 4 weeks immediately before his or
p.000024: her incapacity commenced, for either—
p.000024: (a) an average of at least 30 hours per week; or
p.000024: (b) a lesser number of hours, if the lesser number of hours is defined as full- time employment in the employment
p.000024: agreement under which the earner was employed, because of the particular nature of that employment
p.000024: full-time study means a course of study recognised as full-time by the place of education that administers it
p.000024: government agency, for the purposes of Part 8 and section 324(4)(b)(ii), includes a government department and
p.000024: a Crown entity
p.000024: health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015
p.000024: health practitioner—
p.000024: (a) means a person who is, or is deemed to be, registered with an authority established or continued by section
p.000024: 114 of the Health Practitioners Com- petence Assurance Act 2003 as a practitioner of a particular health pro- fession;
p.000024: but
p.000024: (b) in relation to that health profession and to any purpose stated in a rele- vant notice under section 322A,
p.000024: does not include a person who, for that purpose, is declared not to be a health practitioner
p.000024: impairment, unless otherwise defined in regulations made under section 322, means a loss, loss of use, or derangement
p.000024: of any body part, organ system, or organ function
p.000024: incapacity,—
p.000024: (a) for the purposes of determining incapacity, means incapacity determined under section 103 or section 105, as
p.000024: the case may require; and
p.000024: (b) includes absence from employment in order to get treatment for personal injury covered by this Act, if the
p.000024: treatment—
p.000024: (i) is necessary for the injury; and
p.000024: (ii) is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1
p.000024:
p.000024:
p.000025: 25
p.000025:
p.000025:
p.000025:
p.000025:
p.000025: Part 1 s 6 Accident Compensation Act 2001
p.000025: Reprinted as at 1 April 2019
p.000025:
p.000025: individual rehabilitation plan—
p.000025: (a) means a plan under section 75 that provides for a claimant to receive rehabilitation that will
p.000025: assist in accordance with section 70 in restoring the claimant’s health, independence, and participation to the maximum
p.000025: practicable extent; and
p.000025: (b) includes an individual rehabilitation programme or individual rehabilita- tion plan entered into under a
p.000025: former Act
p.000025: medical laboratory technologist means a health practitioner who—
p.000025: (a) is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued by section
p.000025: 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical
p.000025: laboratory science; and
...
p.000075: (1) The Corporation provides entitlements to claimants in accordance with this Act.
p.000075: (2) If any provision of this Act requires the Corporation to provide an entitlement (regardless of how that
p.000075: requirement is expressed), the Corporation is required to provide the entitlement only to the extent required by this
p.000075: Act.
p.000075: (3) However, the Corporation may, at its own discretion, provide an entitlement or a payment to a claimant if it
p.000075: is satisfied that—
p.000075: (a) the entitlement or payment could be provided but for a requirement in section 127(4) or section 129 or section
p.000075: 379(2), or in any of clauses 4, 13, 15, 17, 19(3)(e), 19(3)(i), 19(3)(j), 22(1), 22(2)(b), 22(2)(c),
p.000075: 22(2)(e), or 22(2)(f) of Schedule 1; and
p.000075: (b) the provision of the entitlement or payment would be consistent with the purpose of this Act.
p.000075: (4) The exercise of a discretion under subsection (3) is subject to section 134(1A).
p.000075: Section 68: substituted, on 1 July 2005, by section 20(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000075: Amendment Act (No 2) 2005 (2005 No 45).
p.000075:
p.000075: 69 Entitlements provided under this Act
p.000075: (1) The entitlements provided under this Act are—
p.000075: (a) rehabilitation, comprising treatment, social rehabilitation, and vocational rehabilitation:
p.000075: (b) first week compensation:
p.000075:
p.000075:
p.000076: 76
p.000076:
p.000076:
p.000076: Reprinted as at
p.000076: 1 April 2019 Accident Compensation Act 2001
p.000076: Part 4 s 72
p.000076:
p.000076: (c) weekly compensation:
p.000076: (d) lump sum compensation for permanent impairment:
p.000076: (e) funeral grants, survivors’ grants, weekly compensation for the spouse or partner, children and other
p.000076: dependants of a deceased claimant, and child care payments.
p.000076: (2) The entitlements provided under this Act also include the entitlements referred to in Parts 10 and 11.
p.000076: Section 69(1)(e): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilita- tion, and
p.000076: Compensation Amendment Act 2005 (2005 No 12).
p.000076:
p.000076: 70 Claimant’s and Corporation’s obligations in relation to rehabilitation
p.000076: A claimant who has suffered personal injury for which he or she has cover—
p.000076: (a) is entitled to be provided by the Corporation with rehabilitation, to the extent provided by this Act, to
p.000076: assist in restoring the claimant’s health, independence, and participation to the maximum extent practicable; but
p.000076: (b) is responsible for his or her own rehabilitation to the extent practicable having regard to the consequences
p.000076: of his or her personal injury.
p.000076: Compare: 1998 No 114 Schedule 1 cl 28
p.000076:
p.000076: 71 Employer’s obligations in relation to rehabilitation
p.000076: (1) This section applies to an employer if—
p.000076: (a) the Corporation decides, under section 86(2)(a), that it is reasonably practicable to return the
p.000076: claimant to the same employment in which the claimant was engaged, and with the employer who was employing the
p.000076: claimant, when the claimant’s incapacity commenced; and
p.000076: (b) the Corporation gives the employer notice, in writing, of the decision.
...
p.000188: Minister or such other person or class of persons as that Minister specifies, such financial forecasts or other
p.000188: financial informa- tion in relation to the amount of money that the Corporation expects to receive from the Crown as
p.000188: that Minister specifies in the notice.
p.000188: (2) This section does not limit section 133 of the Crown Entities Act 2004.
p.000188: Compare: 1998 No 114 s 342
p.000188:
p.000189: 189
p.000189:
p.000189:
p.000189:
p.000189:
p.000189: Part 7 s 274 Accident Compensation Act 2001
p.000189: Reprinted as at 1 April 2019
p.000189:
p.000189: Section 273(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000189: (2004 No 115).
p.000189:
p.000189: 274 Management of Accounts
p.000189: (1) The Corporation must ensure that revenue and expenditure relating to each Account is received,
p.000189: applied, and accounted for separately.
p.000189: (2) Except as otherwise authorised under this Act and subject to subsections (3) to (5), the Corporation must not
p.000189: use funds from one Account to meet any costs arising under another Account.
p.000189: (3) Costs in relation to a claim that is associated with more than 1 Account must be apportioned, if practicable,
p.000189: to the relevant Accounts in a way that reasonably represents the relative costs to each Account of the claim concerned.
p.000189: (3A) [Repealed]
p.000189: (3B) The Minister may, without complying with section 115(2) of the Crown Entities Act 2004, direct the
p.000189: Corporation to attribute in full, or apportion in part, to the Non-Earners’ Account the costs of lump sum
p.000189: compensation for per- manent impairment caused by gradual process, disease, or infection.
p.000189: (4) The Corporation must take all reasonable steps to ensure that the administra- tion costs in relation to the
p.000189: management of the Accounts are fairly apportioned among the Accounts.
p.000189: (5) Costs incurred by the Corporation in carrying out all the functions, duties, and powers under this Act that
p.000189: cannot be directly attributed to an Account must be apportioned,—
p.000189: (a) if a policy direction for the time being in effect under section 103 of the Crown Entities Act 2004 provides
p.000189: for the apportionment of those costs, in accordance with the direction; or
p.000189: (b) if no relevant policy direction is for the time being in effect under sec- tion 103 of the Crown Entities Act
p.000189: 2004, to all Accounts in a way that reasonably represents the relative costs to each Account of the costs con- cerned.
p.000189: Compare: 1998 No 114 s 343
p.000189: Section 274(3A): repealed, on 3 March 2010, by section 42 of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000189: 1).
p.000189: Section 274(3B): inserted, on 11 May 2005, by section 45 of the Injury Prevention, Rehabilitation, and Compensation
p.000189: Amendment Act (No 2) 2005 (2005 No 45).
p.000189: Section 274(3B): amended, on 1 August 2008, by section 27 of the Injury Prevention, Rehabilitation, and Compensation
p.000189: Amendment Act 2008 (2008 No 46).
p.000189: Section 274(5)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000189: 115).
p.000189: Section 274(5)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000189: 115).
p.000189:
p.000189:
p.000189:
p.000189:
p.000190: 190
p.000190:
p.000190:
p.000190: Reprinted as at
...
p.000215: (4) When this subsection applies, the Corporation may, as the case requires,—
p.000215: (a) deduct, from the cost of the entitlement required to be provided to a per- son, a sum equivalent to the
p.000215: net amount received by way of damages, compensation, or settlement; or
p.000215: (b) recover from the person, as a debt due, the entitlement provided.
p.000215: (5) Nothing in subsection (4) applies to—
p.000215: (a) any money paid on a claim by the person under an insurance contract (other than an accident
p.000215: insurance contract under the Accident Insurance Act 1998) taken out by the person:
p.000215: (b) any payment from a retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act
p.000215: 2013):
p.000215: (c) [Repealed]
p.000215: (d) any damages awarded under any Act.
p.000215: Compare: 1998 No 114 s 398
p.000215: Section 321(5)(b): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act
p.000215: 2013 (2013 No 70).
p.000215: Section 321(5)(c): repealed, on 30 June 2002, by section 187 of the Sentencing Act 2002 (2002
p.000215: No 9).
p.000215:
p.000215: Regulation-making powers
p.000215: 322 Regulations relating to definitions
p.000215: (1) The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—
p.000215:
p.000215:
p.000216: 216
p.000216:
p.000216:
p.000216: Reprinted as at
p.000216: 1 April 2019 Accident Compensation Act 2001
p.000216: Part 9 s 322A
p.000216:
p.000216: (a) defining acute admission for the purposes of this Act:
p.000216: (b) defining counsellor for the purposes of this Act:
p.000216: (c) defining impairment for the purposes of this Act:
p.000216: (d) prescribing a place of education for the purposes of this Act:
p.000216: (e) adding an occupational group, or part of an occupational group, to the definition of registered health
p.000216: professional in section 6(1), and defining that group or part by reference to membership of or registration with a
p.000216: particular body or in some other way:
p.000216: (f) adding an occupational group, or part of an occupational group, to the definition of treatment provider in
p.000216: section 6(1), and defining that group or part by reference to membership of or registration with a
p.000216: particular body or in some other way.
p.000216: (g) [Repealed]
p.000216: (2) The Governor-General may, on the recommendation of the Minister and the Minister of Health, by
p.000216: Order in Council, make regulations defining public health acute services for the purposes of this Act.
p.000216: (3) The Minister may not make any recommendation under subsection (1) or sub- section (2) without first
p.000216: consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter
p.000216: of the proposed regu- lations.
p.000216: Compare: 1998 No 114 s 399
p.000216: Section 322(1)(g): repealed, on 1 July 2005, by section 52(2) of the Injury Prevention, Rehabilitation, and
p.000216: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000216:
p.000216: 322A Definition of health practitioner may be limited
p.000216: (1) The Minister may, from time to time, by notice in the Gazette, declare that a person is not a health
p.000216: practitioner of a particular health profession for any pur- poses of this Act that are specified in the notice if—
p.000216: (a) the person is a member of a class described in the notice; and
...
p.000220: (ii) the rehabilitation outcome that will be achieved:
p.000220: (iii) the claimaint’s assessed need for the ancillary service:
p.000220: (iv) the other options available to meet the need:
p.000220: (v) the cost of the service and of the other options, compared with the benefit that the claimant is likely to
p.000220: receive from the ancillary ser- vice:
p.000220:
p.000221: 221
p.000221:
p.000221:
p.000221:
p.000221:
p.000221: Part 9 s 326 Accident Compensation Act 2001
p.000221: Reprinted as at 1 April 2019
p.000221:
p.000221: (vi) the responsibilities of the person in relation to their own rehabili- tation:
p.000221: (vii) the geographic location in which the person lives:
p.000221: (c) provide that the Corporation is to make payments only if specified ser- vice thresholds have been exceeded.
p.000221: Section 325(1A): inserted, on 5 December 2013, by section 6 of the Accident Compensation Amend- ment Act (No 2) 2013
p.000221: (2013 No 105).
p.000221:
p.000221: 326 Regulations relating to lump sum compensation
p.000221: (1) For the purposes of Part 3 of Schedule 1, the Governor-General may, on the recommendation of the
p.000221: Minister, by Order in Council, make regulations speci- fying when a claimant’s condition is to be regarded as
p.000221: stabilised for the pur- poses of clause 57 of Schedule 1.
p.000221: (2) The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for the
p.000221: purposes of Part 3 of Schedule 1 to give effect to those provisions, including regulations that—
p.000221: (a) refer to, or incorporate by reference, in whole or in part, the American Medical Association Guides to the
p.000221: Evaluation of Permanent Impairment:
p.000221: (b) refer to, or incorporate by reference, guides, frameworks, or other stand- ards:
p.000221: (c) prescribe an assessment tool that in itself may refer to, or incorporate by reference, in whole or in part,
p.000221: any thing referred to in paragraph (a) or paragraph (b):
p.000221: (d) do any combination of the things referred to in paragraphs (a) or (b) or (c):
p.000221: (e) amend the lump sum compensation amounts payable under clause 56 of Schedule 1:
p.000221: (f) prescribe calculations and rules for determining the combined effect of personal injury for a claimant
p.000221: who has suffered more than 1 personal injury, for the purposes of clause 59(5) of Schedule 1:
p.000221: (g) prescribe calculations and rules for adjusting the whole-person impair- ment score of a claimant to
p.000221: take into account the effect of injuries suf- fered before 1 April 2002:
p.000221: (h) prescribe the scale of lump sum compensation amounts payable in respect of different degrees of
p.000221: whole-person impairment under clauses 56 and 60 of Schedule 1 so that the amount increases exponentially or
p.000221: otherwise as the degree of impairment increases:
p.000221: (i) prescribe such other matters as may be desirable to enable the assess- ment, calculation, and
p.000221: payment of lump sums.
p.000221: (3) The Minister must not make any recommendation under subsection (1) or sub- section (2) without first
p.000221: consulting the persons or organisations that the Minis-
p.000221:
p.000222: 222
p.000222:
p.000222:
p.000222: Reprinted as at
p.000222: 1 April 2019 Accident Compensation Act 2001
p.000222: Part 9 s 327
p.000222:
p.000222: ter considers appropriate, having regard to the subject matter of the proposed regulations.
p.000222: (4) Any material referred to or incorporated by reference in regulations under this section forms part of the
p.000222: regulations for all purposes. However, any amend- ment made to the material after the commencement of the
p.000222: regulations does not have effect until regulations have been made incorporating the amendment into the regulations.
p.000222: (5) The Corporation must allow a claimant to inspect any material referred to or incorporated by reference in
p.000222: regulations under this section. The inspection must be free of charge and take place at one of the Corporation’s
p.000222: offices.
p.000222: 326A Regulations relating to interest on late payments of weekly compensation
p.000222: (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for
p.000222: all or any of the following purposes:
p.000222: (a) prescribing an indicator interest rate (or a formula or other methodology for setting another interest rate)
p.000222: as the base rate for the purposes of sec- tion 114(4)(a) on and from a specified date:
p.000222: (b) prescribing a percentage as the premium for the purposes of section 114(4)(b) on and from a
...
p.000246: 1992 if he or she was entitled to do so because of a decision on review or appeal given on or after that date on an
p.000246: application for review made before 1 October 1992.
p.000246: Compare: 1998 No 114 s 437
p.000246:
p.000246: 375 Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act: attendant
p.000246: care
p.000246: Section 438 of the Accident Insurance Act 1998 continues to apply in respect of a person who was entitled to receive,
p.000246: immediately before 1 April 2002, com- pensation under that section.
p.000246: Compare: 1998 No 114 s 438
p.000246:
p.000246: 376 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts
p.000246: Section 439 of the Accident Insurance Act 1998 continues to apply in respect of a person who was entitled to receive,
p.000246: immediately before 1 April 2002, com- pensation under that section.
p.000246: Compare: 1998 No 114 s 439
p.000246:
p.000246: Independence allowance
p.000246: 377 Independence allowance for personal injury suffered before 1 July 1999
p.000246: (1) On the commencement of this section, sections 441 and 442 of the Accident Insurance Act 1998 cease to have
p.000246: effect.
p.000246: (2) A person who suffered personal injury before 1 July 1999 is entitled to be assessed for an
p.000246: independence allowance under Part 4 of Schedule 1 of the Accident Insurance Act 1998, irrespective of when the
p.000246: claim for cover for the personal injury was or is lodged, subject to the modifications set out in subsec- tion (3).
p.000246: (3) The modifications are that—
p.000246: (a) any assessment or reassessment must be done on the basis of whole-per- son impairment for the combined
p.000246: effect of all injuries suffered before 1 July 1999 for which the person has cover; and
p.000246: (b) the percentage of impairment for which any lump sum compensation was received under section 119 of
p.000246: the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982, or both, must be deducted from
p.000246: the percentage of combined whole-person impairment assessed in accordance with paragraph (a); and
p.000246:
p.000247: 247
p.000247:
p.000247:
p.000247:
p.000247:
p.000247: Part 11 s 378 Accident Compensation Act 2001
p.000247: Reprinted as at 1 April 2019
p.000247:
p.000247: (c) the independence allowance based on the first assessment is payable as from,—
p.000247: (i) in the case of a person who has received lump sum compensation under section 119 of the Accident Compensation
p.000247: Act 1972 or sec- tion 78 of the Accident Compensation Act 1982, or both, the date of the application for an
p.000247: independence allowance; or
p.000247: (ii) in any other case, the later of the date on which the claim for cover was lodged or 1 July 1992.
p.000247: Section 377: substituted, on 1 July 2005, by section 59 of the Injury Prevention, Rehabilitation, and Compensation
p.000247: Amendment Act (No 2) 2005 (2005 No 45).
p.000247:
p.000247: 378 Personal injury suffered on or after 1 July 1999 and before 1 April 2002
p.000247: (1) The provisions of Part 4 of Schedule 1 of the Accident Insurance Act 1998 continue to apply to
p.000247: personal injury suffered on or after 1 July 1999 and before 1 April 2002, irrespective of when the claim for cover in
p.000247: respect of that per- sonal injury was or is lodged.
p.000247: (2) The amounts referred to in clause 62(1) of Schedule 1 of the Accident Insur- ance Act 1998, as adjusted under
p.000247: section 103 of that Act, must be adjusted in accordance with section 388.
p.000247: (3) Despite section 339, for the purposes of this section, section 403 of the Acci- dent Insurance Act 1998
p.000247: continues to apply as if subsection (2) were repealed, and the following subsection were substituted:
p.000247: (2) The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for the
p.000247: purposes of clauses 60 and 61 of Schedule 1 that—
p.000247: (a) refer to, or incorporate by reference, in whole or in part, the American Medical Association Guides to the
p.000247: Evaluation of Permanent Impairment:
p.000247: (b) refer to, or incorporate by reference, guides, frameworks, or other stand- ards:
p.000247: (c) prescribe an assessment tool that in itself may refer to, or incorporate by reference, in whole or in
p.000247: part, anything referred to in paragraph (a) or paragraph (b):
p.000247: (d) do any of a combination of things referred to in paragraph (a) or para- graph (b) or paragraph (c).
p.000247: 379 Payment of independence allowance to claimant outside New Zealand
p.000247: (1) The Corporation must not pay an independence allowance to a claimant outside New Zealand unless his or her
p.000247: condition has been assessed for the purposes of the Accident Rehabilitation and Compensation Insurance Act 1992 or the
p.000247: Acci- dent Insurance Act 1998 by a person approved for the purpose by the Corpor- ation.
p.000247:
p.000247:
p.000247:
p.000248: 248
p.000248:
p.000248:
p.000248: Reprinted as at
p.000248: 1 April 2019 Accident Compensation Act 2001
p.000248: Part 11 s 381
p.000248:
p.000248: (2) If an independence allowance is payable outside New Zealand and the claim- ant’s continuing right to receive
p.000248: that allowance is to be assessed, the Corpor- ation is not required to meet—
p.000248: (a) any costs incurred by the claimant overseas; or
p.000248: (b) any costs relating to the return of the claimant to New Zealand for assessment.
p.000248: Section 379(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000248: Amendment Act (No 2) 2005 (2005 No 45).
p.000248: Section 379(2): amended, on 1 July 2005, by section 60(7) of the Injury Prevention, Rehabilitation, and Compensation
p.000248: Amendment Act (No 2) 2005 (2005 No 45).
p.000248:
p.000248: Lump sum compensation under former Acts
...
p.000298: 44B Weekly earnings if employee has consecutive periods of unpaid parental leave and earnings compensation as
p.000298: organ donor
p.000298: Estimated earnings
p.000298:
p.000300: 300
p.000300:
p.000300:
p.000300: 300
p.000300:
p.000300:
p.000300:
p.000301: 301
p.000301: 45 Interim estimation of weekly earnings that cannot be ascertained 302
p.000301: Maximum compensation
p.000301: 46 Maximum weekly compensation for loss of earnings 303
p.000301: Corporation to pay weekly compensation to potential earners
p.000301:
p.000301: 47 Corporation to pay weekly compensation for loss of potential earnings capacity
p.000303: 303
p.000303: Further injury
p.000303: 48 Effect of further injury on entitlement to weekly compensation 304
p.000303: Abatement
p.000303: 49 Earnings definitions for purposes of clause 51 304
p.000303:
p.000303: 50 Estimation for abatement purposes of earnings that cannot be ascertained
p.000305: 305
p.000305: 51 Abatement of compensation 305
p.000263: 263
p.000263:
p.000263: Schedule 1 Accident Compensation Act 2001
p.000263: Reprinted as at 1 April 2019
p.000263:
p.000263: Effect of New Zealand superannuation
p.000263: 52 Relationship between weekly compensation and New Zealand superannuation
p.000306: 306
p.000306: 53 Election for purposes of clause 52 307
p.000306: Part 3
p.000306: Lump sum compensation for permanent impairment
p.000306: 54 Lump sum compensation for permanent impairment 307
p.000306: 55 Transitional limits on eligibility for lump sum entitlements 308
p.000306:
p.000306: 55A Certain persons may elect to receive either lump sum compensation or independence allowance: assessment,
p.000306: notification, and election
p.000306: 55B Certain persons may elect to receive either lump sum compensation or independence allowance: persons not
p.000306: entitled to make election under clause 55A
p.000306: 55C Certain persons may elect to receive either lump sum compensation or independence allowance: reassessment,
p.000306: notification, and further election
p.000306: 55D Certain persons may elect to receive either lump sum compensation or independence allowance: general
p.000309: 309
p.000309:
p.000309:
p.000310: 310
p.000310:
p.000310:
p.000310: 310
p.000310:
p.000310:
p.000311: 311
p.000311: 56 Amount of lump sum compensation for permanent impairment 312
p.000311:
p.000311: 57 Corporation not to assess entitlement until it receives medical certificate as to stability of claimant’s
p.000311: condition
p.000312: 312
p.000312: 58 Appointment of assessors 313
p.000312: 59 Assessment of entitlement to lump sum compensation 313
p.000312: 60 Payment of lump sum compensation for permanent impairment 314
p.000312: 61 Reassessment of entitlement to lump sum compensation 314
p.000312:
p.000312: 62 Payment of entitlement to lump sum compensation to deceased claimant’s estate
p.000315: 315
p.000315: Part 4
p.000315: Entitlements arising from fatal injuries
p.000315: 63 Child not born at date of claimant’s death 315
p.000315: 64 Funeral grant
p.000315: 315
p.000315: 65 Survivor’s grant
p.000316: 316
p.000316: 66 Weekly compensation for surviving spouse or partner 316
p.000316:
p.000316: 67 Surviving spouse or partner may choose to convert weekly compensation to aggregated payment or payments
p.000316: 68 Relationship between surviving spouse’s or partner’s weekly compensation and New Zealand superannuation
p.000317: 317
p.000318: 318
p.000318: 69 Election for purposes of clause 68 319
p.000318: 70 Weekly compensation for child 319
p.000318: 71 Weekly compensation for other dependants 320
p.000318:
p.000318: 72 Relationship between other dependant’s weekly compensation and New Zealand superannuation
p.000321: 321
p.000264: 264
p.000264:
p.000264: Reprinted as at
p.000264: 1 April 2019 Accident Compensation Act 2001
p.000264: Schedule 1
p.000264: 73 Election for purposes of clause 72 322
...
p.000306: under this schedule.
p.000306: Compare: 1998 No 114 Schedule 1 cl 25
p.000306: Schedule 1 clause 52(1)(a): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000306: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000306: Schedule 1 clause 52(3): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000306: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000306: Schedule 1 clause 52(6): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000306: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000306:
p.000306: 53 Election for purposes of clause 52
p.000306: (1) A claimant must make an election under clause 52(5) or (8) within the period that is the later of the
p.000306: following:
p.000306: (a) within 1 month before the date on which the election would take effect; or
p.000306: (b) within 1 month after the claimant has been notified of the amount of the weekly compensation by the
p.000306: Corporation, the reviewer, or the District Court, whichever is applicable in the claimant’s case.
p.000306: (2) The Corporation may allow a claimant to exercise or revoke an election under clause 52(5) or (8) after
p.000306: the period specified in subclause (1) has ended, but only if the Corporation is satisfied that the
p.000306: claimant’s circumstances have changed significantly since the end of the period.
p.000306: Compare: 1998 No 114 Schedule 1 cl 26
p.000306: Schedule 1 clause 53(1)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016
p.000306: (2016 No 49).
p.000306:
p.000306: Part 3
p.000306: Lump sum compensation for permanent impairment
p.000306: 54 Lump sum compensation for permanent impairment
p.000306: (1) The Corporation is liable to pay the claimant lump sum compensation in accordance with this
p.000306: schedule, if—
p.000306: (a) the claimant has suffered personal injury, after the commencement of this Part, for which he or she
p.000306: has cover; and
p.000306: (b) the claimant—
p.000306: (i) has survived the personal injury for not less than 28 days; and
p.000306: (ii) is alive when assessed under clause 59; and
p.000306:
p.000306:
p.000306:
p.000306:
p.000307: 307
p.000307:
p.000307:
p.000307:
p.000307:
p.000307: Schedule 1 Accident Compensation Act 2001
p.000307: Reprinted as at 1 April 2019
p.000307:
p.000307: (c) an assessment carried out under clause 59 establishes that the claimant’s personal injury has resulted in a
p.000307: degree of whole-person impairment of 10% or more.
p.000307: (2) To avoid doubt, there is no entitlement to lump sum compensation in respect of personal injury suffered
p.000307: before 1 April 2002 or in respect of any subsequent consequences of any such personal injury.
p.000307: 55 Transitional limits on eligibility for lump sum entitlements
p.000307: (1) A person who suffers mental injury caused by an act to which section 21(1)(c) applies is not entitled to
p.000307: lump sum compensation for permanent impairment under this schedule if the act last occurred before 1 April 2002.
p.000307: (2) A person who suffers personal injury caused by a work-related gradual process, disease, or infection in
p.000307: the circumstances described in section 30(2) is not entitled to lump sum compensation for permanent impairment
p.000307: if one of the fol- lowing dates preceded 1 April 2002:
p.000307: (a) the date on which the person last performed the task or was employed in the environment in those
p.000307: circumstances:
p.000307: (b) the date on which the person first received treatment for the personal injury as that personal
p.000307: injury:
p.000307: (c) the date on which the personal injury first resulted in the person’s incap- acity.
p.000307: (3) A person who suffers treatment injury or personal injury caused by medical misadventure is not
p.000307: entitled to lump sum compensation for permanent impair- ment under this schedule if the date of the treatment which
p.000307: caused the personal injury was before 1 April 2002.
p.000307: (4) If a person’s eligibility for lump sum compensation for permanent impairment under this schedule is excluded
p.000307: by this clause and the person has suffered per- sonal injury for which the person has cover because of section 36 or
p.000307: section 37 or section 38, Part 4 of the Accident Insurance Act 1998 applies to the person for the purpose of deciding
p.000307: whether the person has an entitlement to an inde- pendence allowance.
p.000307: (5) This clause overrides sections 36 to 38.
p.000307: (6) Subclauses (2), (4), and (5) apply subject to clauses 55A to 55D.
p.000307: Schedule 1 clause 55(2)(c): added, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000307: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000307: Schedule clause 55(3): substituted, on 1 July 2005, by section 60(5) of the Injury Prevention,
p.000307: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000307: Schedule 1 clause 55(6): added, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000307: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000307:
p.000307:
p.000307:
p.000307:
p.000307:
p.000308: 308
p.000308:
p.000308:
p.000308: Reprinted as at
p.000308: 1 April 2019 Accident Compensation Act 2001
p.000308: Schedule 1
p.000308:
p.000308: 55A Certain persons may elect to receive either lump sum compensation or independence allowance: assessment,
p.000308: notification, and election
p.000308: (1) The Corporation must, to enable a person to make an election under subclause (4), determine whether the
p.000308: person meets the criteria for entitlement to both lump sum compensation (under clauses 57 to 60) and an
p.000308: independence allow- ance (under clauses 58 to 60 of Schedule 1 of the Accident Insurance Act 1998).
p.000308: (2) However, a determination under subclause (1) is required only if the person—
p.000308: (a) suffered a personal injury caused by a work-related gradual process, dis- ease, or infection in the
p.000308: circumstances described in section 30(2); and
p.000308: (b) last performed the task or was employed in the environment in those cir- cumstances before 1 April 2002; and
p.000308: (c) suffered the personal injury on or after the date on which section 33 of the Injury Prevention,
p.000308: Rehabilitation, and Compensation Amendment Act 2008 came into force.
p.000308: (3) The Corporation must, after complying with subclause (1),—
p.000308: (a) make a decision (which, to avoid doubt, is to be treated as a single deci- sion) as to whether the person has,
p.000308: for the purposes of an election under subclause (4), an entitlement to both lump sum compensation and an
p.000308: independence allowance; and
p.000308: (b) notify the person of its decision, in accordance with section 64, and include with that
p.000308: notification information about—
p.000308: (i) the Corporation’s assessment of the person’s degree of whole-per- son impairment; and
p.000308: (ii) the amounts of lump sum compensation and independence allow- ance that the person would, if he or she
p.000308: elected to receive that compensation or allowance, be entitled to receive; and
p.000308: (iii) the Corporation’s estimate of the period for which the person would need to receive an independence
p.000308: allowance for that allow- ance to equal the value of the lump sum compensation that would be payable to the person,
p.000308: calculated using appropriate actuarial methodology; and
p.000308: (c) inform the person—
p.000308: (i) that he or she is entitled to elect which of the entitlements he or she wishes to receive; and
p.000308: (ii) of the matters specified in subclause (4).
p.000308: (4) A person who is assessed as having an entitlement to either lump sum compen- sation or an independence
p.000308: allowance—
p.000308: (a) may, within 60 days of being given notification in accordance with sec- tion 64, elect which entitlement he or
p.000308: she wishes to receive; or
p.000308:
p.000309: 309
p.000309:
p.000309:
p.000309:
p.000309:
p.000309: Schedule 1 Accident Compensation Act 2001
p.000309: Reprinted as at 1 April 2019
p.000309:
p.000309: (b) is, if no election is made within 60 days, deemed to have elected to receive an independence
p.000309: allowance.
p.000309: (5) An election under subclause (4)(a) must be made in writing to the Corporation.
p.000309: (6) Section 37 applies for the purposes of subclause (2)(c).
p.000309: (7) Section 64 applies to a notification by the Corporation under this clause as if the notification were a notice
p.000309: of a decision on a claim.
p.000309: Schedule 1 clause 55A: inserted, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000309: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000309:
p.000309: 55B Certain persons may elect to receive either lump sum compensation or independence allowance: persons not
p.000309: entitled to make election under clause 55A
p.000309: (1) If the result of the Corporation’s determination under clause 55A(1) is that the person does not meet the
p.000309: criteria for entitlement to both lump sum compensa- tion and an independence allowance, the following provisions apply:
p.000309: (a) if the person meets the criteria for entitlement to lump sum compensa- tion but not an independence allowance,
p.000309: the person may not exercise the right of election under clause 55A(4) but is entitled to receive lump sum compensation:
p.000309: (b) if the person meets the criteria for entitlement to an independence allow- ance but not lump sum compensation,
p.000309: the person may not exercise the right of election under clause 55A(4) but is entitled to receive an inde- pendence
p.000309: allowance:
p.000309: (c) if the person does not meet the criteria for entitlement to lump sum com- pensation or an independence
p.000309: allowance, the person may not exercise the right of election under clause 55A(4) and the Corporation
p.000309: must decline the person’s claims to those entitlements.
p.000309: (2) However, the Corporation must again comply with clause 55A(1) in relation to a person if—
p.000309: (a) the person has been reassessed under clause 61 of Schedule 1 of the Accident Insurance Act
p.000309: 1998, and the reassessment indicates that the person’s degree of whole-person impairment has changed; or
p.000309: (b) a review of the Corporation’s decision (under section 134), or an appeal (under section 149), has resulted
p.000309: in a change to the assessment of the person’s degree of whole-person impairment.
p.000309: Schedule 1 clause 55B: inserted, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000309: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000309:
p.000309: 55C Certain persons may elect to receive either lump sum compensation or independence allowance: reassessment,
p.000309: notification, and further election
p.000309: (1) A person may make a further election if—
p.000309:
p.000309:
p.000309:
p.000310: 310
p.000310:
p.000310:
p.000310: Reprinted as at
p.000310: 1 April 2019 Accident Compensation Act 2001
p.000310: Schedule 1
p.000310:
p.000310: (a) the person has elected, or is deemed to have elected, to receive (or con- tinue to receive) an independence
p.000310: allowance; and
p.000310: (b) either of the situations in subclause (2) apply.
p.000310: (2) The situations are that—
p.000310: (a) the person has been reassessed under clause 61 of Schedule 1 of the Accident Insurance Act
p.000310: 1998, and the reassessment indicates that the person’s degree of whole-person impairment has changed:
p.000310: (b) a review of the Corporation’s decision (under section 134), or an appeal (under section 149), has resulted
p.000310: in a change to the assessment of the person’s degree of whole-person impairment.
p.000310: (3) If either of the situations in subclause (2) apply, the Corporation must—
p.000310: (a) provide the person with the information specified in clause 55A(3)(b), updated to take account of the
p.000310: change in circumstances; and
p.000310: (b) inform the person—
p.000310: (i) that he or she is entitled to make a further election, in light of the reassessment, as to which of the
p.000310: entitlements he or she wishes to receive; and
p.000310: (ii) of the matters specified in subclause (4).
p.000310: (4) A person to whom either of the situations in subclause (2) applies—
p.000310: (a) may, within 60 days of being given the information specified in sub- clause (3), make a further
p.000310: election as to which entitlement he or she wishes to receive; or
p.000310: (b) is, if no election is made within 60 days, deemed to have elected to con- tinue to receive an independence
p.000310: allowance.
p.000310: (5) An election under subclause (4)(a) must be made in writing to the Corporation.
p.000310: Schedule 1 clause 55C: inserted, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000310: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000310:
p.000310: 55D Certain persons may elect to receive either lump sum compensation or independence allowance: general
p.000310: (1) The information referred to in clause 55C(3)(a) must, in relation to the amount of lump sum compensation
p.000310: payable, take into account any amount of independ- ence allowance paid to the person following his or her
p.000310: initial election, or deemed election, as the case may be, under clause 55A(4) or 55C(4).
p.000310: (2) If a claimant makes a further election, in accordance with clause 55C(4)(a), in which he or she elects to
p.000310: receive lump sum compensation, the amount of lump sum compensation payable must be reduced by any amount of
p.000310: independence allowance paid to the person—
p.000310: (a) following his or her initial election, or deemed election, as the case may be, under clause 55A(4) or 55C(4):
p.000310:
p.000310:
p.000311: 311
p.000311:
p.000311:
p.000311:
p.000311:
p.000311: Schedule 1 Accident Compensation Act 2001
p.000311: Reprinted as at 1 April 2019
p.000311:
p.000311: (b) in accordance with clause 55B(1)(b).
p.000311: (3) A person is not entitled to receive both a lump sum payment and an independ- ence allowance in respect of the
p.000311: same personal injury.
p.000311: (4) However, subclause (3) does not apply to a person who has received—
p.000311: (a) both entitlements (at different times) as a result of a further election made in accordance with
p.000311: clause 55C:
p.000311: (b) an independence allowance before any right to election arose.
p.000311: (5) Part 4 of Schedule 1 of the Accident Insurance Act 1998 applies for the pur- poses of deciding whether a
p.000311: person has an entitlement to an independence allowance for the purposes of clauses 55A and 55C.
p.000311: Schedule 1 clause 55D: inserted, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000311: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000311:
p.000311: 56 Amount of lump sum compensation for permanent impairment
p.000311: (1) The amount of lump sum compensation for permanent impairment that the Corporation is liable to pay
p.000311: to a claimant is the appropriate amount specified in regulations made under this Act.
p.000311: (2) The regulations apply subject to subclauses (3) to (5).
p.000311: (3) The minimum lump sum compensation for permanent impairment that the Cor- poration is liable to pay to a
p.000311: claimant is—
p.000311: (a) $2,500; and
p.000311: (b) payable to a claimant whose degree of whole-person impairment is 10%.
p.000311: (4) The maximum lump sum compensation for permanent impairment that the Corporation is liable to pay to a
p.000311: claimant is—
p.000311: (a) $100,000; and
p.000311: (b) payable to a claimant whose degree of whole-person impairment is 80% or more.
p.000311: (5) The amounts specified in regulations, the minimum amount specified in sub- clause (3), and the maximum amount
p.000311: specified in subclause (4) must be adjus- ted in the manner provided in section 116.
p.000311: 57 Corporation not to assess entitlement until it receives medical certificate as to stability of claimant’s
p.000311: condition
p.000311: (1) The Corporation must not assess the claimant’s entitlement to lump sum com- pensation until the earlier of the
p.000311: following:
p.000311: (a) the Corporation receives a certificate from a medical practitioner indicat- ing that—
p.000311: (i) the claimant’s condition resulting from the personal injury has sta- bilised; and
p.000311:
p.000311:
p.000311:
p.000312: 312
p.000312:
p.000312:
p.000312: Reprinted as at
p.000312: 1 April 2019 Accident Compensation Act 2001
p.000312: Schedule 1
p.000312:
p.000312: (ii) it is likely that there is permanent impairment resulting from the personal injury; or
p.000312: (b) after 2 years have passed since the date of the personal injury, the Cor- poration receives a certificate
p.000312: from a medical practitioner indicating that—
p.000312: (i) the claimant’s condition resulting from the personal injury has not stabilised; but
p.000312: (ii) it is likely that there is permanent impairment resulting from the personal injury.
p.000312: (2) If the claimant is under 16 years of age and has cover for personal injury that is a mental injury, the
p.000312: Corporation must not assess the claimant’s entitlement to lump sum compensation for the mental injury until the
p.000312: claimant turns 16 years of age, unless the Corporation is satisfied that there are compelling reasons for assessing the
p.000312: claimant’s entitlement earlier.
p.000312: (3) A certificate provided under subclause (1) in respect of personal injury that is mental injury must—
p.000312: (a) state that it is likely that permanent impairment has arisen from the men- tal injury; and
p.000312: (b) be provided by a medical practitioner who is suitably qualified (to the Corporation’s satisfaction)
p.000312: to assess mental injury.
p.000312: (4) The Corporation is liable to pay for the reasonable costs associated with the provision of a
p.000312: certificate under subclause (1).
p.000312: Schedule 1 clause 57(1)(a): amended, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000312: Assurance Act 2003 (2003 No 48).
p.000312: Schedule 1 clause 57(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000312: Assurance Act 2003 (2003 No 48).
p.000312: Schedule 1 clause 57(3)(b): amended, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000312: Assurance Act 2003 (2003 No 48).
p.000312:
p.000312: 58 Appointment of assessors
p.000312: (1) The Corporation must appoint and pay as many assessors as it considers neces- sary to do assessments under
p.000312: clauses 59 and 61.
p.000312: (2) In appointing a person to be an assessor, the Corporation must have regard to the skills, qualifications, and
p.000312: training the Corporation considers appropriate for a person to do the assessments under those clauses.
p.000312: 59 Assessment of entitlement to lump sum compensation
p.000312: (1) After the Corporation receives a certificate under clause 57, the Corporation must authorise an
p.000312: assessor to do an assessment of the claimant.
p.000312: (2) An assessor assesses the claimant’s percentage of whole-person impairment.
p.000312: (3) In doing an assessment under this clause, an assessor must—
p.000312:
p.000312:
p.000313: 313
p.000313:
p.000313:
p.000313:
p.000313:
p.000313: Schedule 1 Accident Compensation Act 2001
p.000313: Reprinted as at 1 April 2019
p.000313:
p.000313: (a) assess the claimant in accordance with regulations made under this Act; and
p.000313: (b) exclude from the assessment any permanent impairment—
p.000313: (i) that does not result from personal injury for which the claimant has cover under this Act:
p.000313: (ii) arising from personal injuries suffered before the commencement of this Part; and
p.000313: (c) include in the assessment any permanent impairment for which the claimant has received lump sum
p.000313: compensation under this Part.
p.000313: (4) Subclause (3) applies subject to any regulations made under this Act.
p.000313: (5) A claimant who has suffered more than 1 personal injury must be assessed by establishing, in accordance with
p.000313: regulations made under this Act, the combined effect of those injuries.
p.000313: (6) However, no claimant is to be assessed as having more than 100% whole-per- son impairment.
p.000313: (7) The Corporation is liable to pay the claimant’s reasonable costs associated with the assessment.
p.000313: 60 Payment of lump sum compensation for permanent impairment
p.000313: (1) The Corporation determines an amount of lump sum compensation based on an assessment of whole-person
p.000313: impairment under clause 59 and regulations under clause 56.
p.000313: (2) Any amount derived under subclause (1) has deducted from it any lump sum compensation for permanent impairment
p.000313: received previously under this Part, as adjusted under subclause (3).
p.000313: (3) If a claimant has received lump sum compensation for permanent impairment previously under this Part, the
p.000313: amount received previously must be adjusted for the purposes of subclause (2) in the manner provided in section 116.
p.000313: (4) The Corporation must notify the claimant of—
p.000313: (a) the assessed degree of whole-person impairment; and
p.000313: (b) the amount of lump sum compensation payable, if any.
p.000313: 61 Reassessment of entitlement to lump sum compensation
p.000313: (1) Clauses 54 to 60 apply to reassessments under this clause.
p.000313: (2) The Corporation must arrange for an assessor to reassess a claimant if—
p.000313: (a) the claimant was assessed after the Corporation received a certificate under clause 57(1)(b) and
p.000313: before the Corporation received a certificate under clause 57(1)(a); and
p.000313: (b) the Corporation then receives a certificate under clause 57(1)(a).
p.000313:
p.000313:
p.000313:
p.000314: 314
p.000314:
p.000314:
p.000314: Reprinted as at
p.000314: 1 April 2019 Accident Compensation Act 2001
p.000314: Schedule 1
p.000314:
p.000314: (3) A reassessment under subclause (2) is not a reassessment for the purposes of subclause (7).
p.000314: (4) The Corporation must arrange for an assessor to reassess a claimant who pro- duces to the Corporation a
p.000314: certificate from a medical practitioner indicating that the claimant’s permanent impairment is likely to have
p.000314: increased since the date of assessment.
p.000314: (5) Subclause (4) is subject to subclauses (6) and (7).
p.000314: (6) A certificate provided under subclause (4) in respect of personal injury that is mental injury must be
p.000314: provided by a medical practitioner who is suitably quali- fied (to the Corporation’s satisfaction) to assess mental
p.000314: injury.
p.000314: (7) A claimant is not entitled to more than 1 reassessment under subclause (4) in any 12-month period.
p.000314: Schedule 1 clause 61(4): amended, on 18 September 2004, by section 175(1) of the Health Practition-
p.000314: ers Competence Assurance Act 2003 (2003 No 48).
p.000314: Schedule 1 clause 61(6): amended, on 18 September 2004, by section 175(1) of the Health Practition-
p.000314: ers Competence Assurance Act 2003 (2003 No 48).
p.000314:
p.000314: 62 Payment of entitlement to lump sum compensation to deceased claimant’s estate
p.000314: If a claimant dies after the completion of the assessment of the degree of per- manent impairment but before
p.000314: payment of the lump sum, the Corporation is liable to pay the lump sum to the deceased claimant’s estate.
p.000314:
p.000314: Part 4
p.000314: Entitlements arising from fatal injuries
p.000314: 63 Child not born at date of claimant’s death
p.000314: For the purposes of this Part, any child of the claimant who is born within 12 months after the claimant’s death is
p.000314: deemed to be—
p.000314: (a) dependent on the claimant at the date of the claimant’s death; and
p.000314: (b) under the care of the surviving parent of the child on that date.
p.000314: Compare: 1998 No 114 Schedule 1 cl 64
p.000314:
p.000314: 64 Funeral grant
p.000314: (1) The Corporation is liable to pay to a deceased claimant’s estate a funeral grant of the lesser of—
p.000314: (a) the actual costs of the funeral; or (b) $4,500.
p.000314: (2) Adjustments to the amount specified in subclause (1) must be made in the man- ner provided in section 116.
p.000314: Compare: 1998 No 114 Schedule 1 cl 65
p.000314:
p.000314:
p.000315: 315
p.000315:
p.000315:
p.000315:
p.000315:
p.000315: Schedule 1 Accident Compensation Act 2001
p.000315: Reprinted as at 1 April 2019
p.000315:
p.000315: 65 Survivor’s grant
p.000315: (1) The Corporation is liable to pay a survivor’s grant for a deceased claimant as follows:
p.000315: (a) to a surviving spouse or partner of the claimant, $4,702.79 but, if there is more than 1 surviving spouse
p.000315: or partner, the Corporation must divide that amount equally between them:
...
p.000328: 129(2) Assault with intent to commit sexual violation
p.000328: 129A(1) Inducing sexual connection by threat
p.000328: 129A(2) Inducing indecent act by threat
p.000328: 130 Incest
p.000328: 131(1) Sexual connection with dependent family member
p.000328: 131(2) Attempted sexual connection with dependent family member 131(3) Indecent
p.000328: act with dependent family member
p.000328: 131B Meeting young person following sexual grooming, etc 132(1) Sexual
p.000328: connection with child under 12
p.000328: 132(2) Attempted sexual connection with child under 12 132(3) Indecent act on
p.000328: child under 12
p.000328: 134(1) Sexual connection with young person under 16
p.000328: 134(2) Attempted sexual connection with young person under 16 134(3) Indecent
p.000328: act on young person under 16
p.000328: 135 Indecent assault
p.000328: 138(1) Exploitative sexual connection with person with significant impair- ment
p.000328: 138(2) Attempted exploitative sexual connection with person with significant impairment
p.000328: 138(4) Exploitative indecent act with person with significant impairment 142A
p.000328: Compelling indecent act with animal
p.000328: 194 Assault on a child, or by a male on a female. For the purposes of this schedule, section
p.000328: 194 of the Crimes Act 1961 must be regarded as relating only to situations where a female sexually
p.000328: assaults a child under 14 years old.
p.000328: 201 Infecting with disease
p.000328: 204A Female genital mutilation
p.000328: 204B Further offences relating to female genital mutilation
p.000328: Schedule 3: amended, on 7 May 2015, by section 4(1) of the Accident Compensation (Cover for Mental
p.000328: Injury—Indecency Offences) Amendment Act 2015 (2015 No 45).
p.000328: Schedule 3: amended, on 7 May 2015, by section 4(2) of the Accident Compensation (Cover for Mental
p.000328: Injury—Indecency Offences) Amendment Act 2015 (2015 No 45).
p.000328: Schedule 3: amended, on 20 May 2005, by section 10 of the Crimes Amendment Act 2005 (2005
p.000328: No 41).
p.000328:
p.000328:
p.000329: 329
p.000329:
p.000329:
p.000329:
p.000329:
p.000329: Schedule 4 Accident Compensation Act 2001
p.000329: Reprinted as at 1 April 2019
p.000329:
p.000329:
p.000329: Schedule 4
p.000329: Deductions on account of earner levies
p.000329:
p.000329:
p.000329:
p.000329: s 221(2)
p.000329:
p.000329: 1 Subject to this schedule, the PAYE rules of the Income Tax Act 2007 (the
p.000329: PAYE rules) apply, with all necessary modifications, with respect to—
p.000329: (a) any amount included in the earnings as an employee of an employer as if such amount were a PAYE income payment
...
Health / Drug Dependence
Searching for indicator dependency:
(return to top)
p.000248: number of incidents involved.
p.000248: (3) Subsection (2) is subject to subsection (1).
p.000248: Entitlements arising from fatal injuries
p.000248: 381 Funeral expenses for death before 1 April 2002
p.000248: On or after 1 April 2002, a funeral grant is payable under clause 64 of Schedule 1 if—
p.000248: (a) a person died before that date as a result of personal injury covered by the former Acts; and
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000249: 249
p.000249:
p.000249:
p.000249:
p.000249:
p.000249: Part 11 s 382 Accident Compensation Act 2001
p.000249: Reprinted as at 1 April 2019
p.000249:
p.000249: (b) the Corporation has not paid a grant for funeral expenses before that date.
p.000249: Compare: 1998 No 114 s 443
p.000249:
p.000249: 382 Survivor’s grant to surviving spouses or partners, children, and other dependants for death before 1 April 2002
p.000249: (1) On or after 1 April 2002, a survivor’s grant is payable under clause 65 of Schedule 1 if—
p.000249: (a) a person died on or after 1 July 1992 and before 1 April 2002 as a result of personal injury covered by the
p.000249: Accident Rehabilitation and Compen- sation Insurance Act 1992 or the Accident Insurance Act 1998; and
p.000249: (b) a survivor of that person is entitled to be paid a survivor’s grant before 1 April 2002; and
p.000249: (c) the Corporation has not paid a survivor’s grant to that survivor before 1 April 2002.
p.000249: (2) If a person died before 1 July 1992 as a result of personal injury by accident within the meaning of the
p.000249: Accident Compensation Act 1982, section 82 of that Act, and the provisions of that Act on dependency, as they relate to
p.000249: lump sums payable under that section, apply to any spouse or partner, child, or other dependants of the
p.000249: deceased person.
p.000249: Compare: 1998 No 114 s 444
p.000249: Section 382 heading: amended, on 26 April 2005, by section 8(2) of the Injury Prevention, Rehabili- tation, and
p.000249: Compensation Amendment Act 2005 (2005 No 12).
p.000249: Section 382(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000249: Amendment Act 2005 (2005 No 12).
p.000249:
p.000249: 383 Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance
p.000249: Act 1998
p.000249: (1) This section applies if, immediately before 1 April 2002, any spouse or partner, child, or other dependant
p.000249: of a deceased person was entitled to compensation under section 445(1) and (2) or clauses 67 to 75 of Schedule 1
p.000249: of the Accident Insurance Act 1998.
p.000249: (2) The compensation continues to be payable and to be paid as if it had been cal- culated under Part 4 of
p.000249: Schedule 1.
p.000249: (3) Compensation payable to a surviving spouse or partner ceases on the date it would cease if clauses
p.000249: 66 to 69 of Schedule 1 applied to the spouse or partner.
p.000249: (4) Compensation payable to a child ceases on the date it would cease if clause 70 of Schedule 1 applied to the
p.000249: child.
p.000249: (5) Compensation payable to any other dependant ceases on the date it would cease if clauses 71 to 73
...
p.000315: 315
p.000315: Part 4
p.000315: Entitlements arising from fatal injuries
p.000315: 63 Child not born at date of claimant’s death 315
p.000315: 64 Funeral grant
p.000315: 315
p.000315: 65 Survivor’s grant
p.000316: 316
p.000316: 66 Weekly compensation for surviving spouse or partner 316
p.000316:
p.000316: 67 Surviving spouse or partner may choose to convert weekly compensation to aggregated payment or payments
p.000316: 68 Relationship between surviving spouse’s or partner’s weekly compensation and New Zealand superannuation
p.000317: 317
p.000318: 318
p.000318: 69 Election for purposes of clause 68 319
p.000318: 70 Weekly compensation for child 319
p.000318: 71 Weekly compensation for other dependants 320
p.000318:
p.000318: 72 Relationship between other dependant’s weekly compensation and New Zealand superannuation
p.000321: 321
p.000264: 264
p.000264:
p.000264: Reprinted as at
p.000264: 1 April 2019 Accident Compensation Act 2001
p.000264: Schedule 1
p.000264: 73 Election for purposes of clause 72 322
p.000264: 74 Maximum payments 322
p.000264:
p.000264: 75 Spouse or partner status or dependency arising after date of personal injury
p.000322: 322
p.000322: Child care payments
p.000322: 76 Child care payments for children of deceased claimant 323
p.000322: 77 Duration of child care payments 323
p.000322: 78 Child care payments made to caregiver 324
p.000322:
p.000322: Part 1 Rehabilitation
p.000322: Treatment
p.000322: 1 Corporation’s liability to pay or contribute to cost of treatment
p.000322: (1) The Corporation is liable to pay or contribute to the cost of the claimant’s treat- ment for personal injury
p.000322: for which the claimant has cover if clause 2 applies,—
p.000322: (a) to the extent required or permitted under an agreement or contract with any person for the provision of
p.000322: treatment; or
p.000322: (b) if no such agreement or contract applies, to the extent required or per- mitted by regulations made under this
p.000322: Act; or
p.000322: (c) if paragraphs (a) and (b) do not apply, the cost of the treatment.
p.000322: (2) In subclause (1)(c), cost means the cost—
p.000322: (a) that is appropriate in the circumstances; and
p.000322: (b) as agreed by the Corporation and the treatment provider.
p.000322: Compare: 1998 No 114 Schedule 1 cl 1
p.000322:
p.000322: 2 When Corporation is liable to pay cost of treatment
p.000322: (1) The Corporation is liable to pay the cost of the claimant’s treatment if the treat- ment is for the
...
p.000321: (2) The Corporation may allow any other dependant to exercise or revoke an elec- tion under clause 72(5) or
p.000321: (8) after the period specified in subclause (1) has ended, but only if the Corporation is satisfied
p.000321: that the other dependant’s cir- cumstances have changed significantly since the end of the period.
p.000321: Compare: 1998 No 114 Schedule 1 cl 73
p.000321: Schedule 1 clause 73(1)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016
p.000321: (2016 No 49).
p.000321:
p.000321: 74 Maximum payments
p.000321: (1) The total amount of weekly compensation payable under clauses 66 to 73 must not exceed—
p.000321: (a) the weekly compensation for loss of earnings to which the claimant would have been entitled at the
p.000321: end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
p.000321: (b) the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled
p.000321: at the end of 6 months of incap- acity, had he or she lived but been totally incapacitated.
p.000321: (2) The Corporation may reduce all weekly compensation calculated under those clauses pro rata, and may readjust
p.000321: it from time to time, if the Corporation con- siders the reduction and readjustment is necessary for the
p.000321: purposes of sub- clause (1).
p.000321: Compare: 1998 No 114 Schedule 1 cl 74
p.000321:
p.000321: 75 Spouse or partner status or dependency arising after date of personal injury
p.000321: (1) The Corporation is liable to provide entitlements to a person who—
p.000321: (a) becomes the spouse or partner or a dependant of the claimant after the date on which the claimant suffered
p.000321: personal injury; and
p.000321: (b) is the spouse or partner or a dependant of the claimant at the date of the claimant’s death as a result of
p.000321: personal injury for which he or she has cover.
p.000321:
p.000321:
p.000322: 322
p.000322:
p.000322:
p.000322: Reprinted as at
p.000322: 1 April 2019 Accident Compensation Act 2001
p.000322: Schedule 1
p.000322:
p.000322: (2) Subclause (1) is subject to subclause (3).
p.000322: (3) The Corporation is not liable under subclause (1) if the Corporation decides, on reasonable grounds, that the
p.000322: main purpose of the person in becoming a spouse or partner or dependant was to qualify for entitlements.
p.000322: Compare: 1998 No 114 Schedule 1 cl 75
p.000322: Schedule 1 clause 75 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and
p.000322: Compensation Amendment Act 2005 (2005 No 12).
p.000322: Schedule 1 clause 75(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000322: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000322: Schedule 1 clause 75(1)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000322: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000322: Schedule 1 clause 75(3): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000322: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000322:
p.000322: Child care payments
...
Health / Drug Usage
Searching for indicator drug:
(return to top)
p.000027: agree- ment with an insurer
p.000027: overpayment means an overpayment of the type described in section 248(1)(a)
p.000027: parental leave has the same meaning as in section 2(1) of the Parental Leave and Employment Protection Act 1987
p.000027: partner, in the phrase “spouse or partner” and in related contexts, has the meaning set out in section
p.000027: 18A(1) to (3); and, in relation to a deceased claim- ant, has the meaning set out in section 18A(4) to (6)
p.000027: PAYE income payment has the same meaning as in section RD 3(1) of the Income Tax Act 2007
p.000027: personal injury has the meaning set out in section 26
p.000027: personal injury caused by a work-related gradual process, disease, or infection has the meaning set out in
p.000027: section 30
p.000027:
p.000028: 28
p.000028:
p.000028:
p.000028: Reprinted as at
p.000028: 1 April 2019 Accident Compensation Act 2001
p.000028: Part 1 s 6
p.000028:
p.000028: personal injury covered by any former Act means—
p.000028: (a) personal injury covered by the Accident Insurance Act 1998:
p.000028: (b) personal injury covered by the Accident Rehabilitation and Compensa- tion Insurance Act 1992:
p.000028: (c) personal injury by accident covered by the Accident Compensation Act 1982 or the Accident Compensation Act
p.001972: 1972
p.001972: pharmaceutical means—
p.001972: (a) a prescription medicine, a restricted medicine, or a pharmacy-only medi- cine, as listed in Parts 1, 2, and 3
p.001972: of Schedule 1 of the Medicines Regula- tions 1984; or
p.001972: (b) a controlled drug as defined in the Misuse of Drugs Act 1975
p.001972: pharmacist means a health practitioner who—
p.001972: (a) is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health
p.001972: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy; and
p.001972: (b) holds a current practising certificate
p.001972: physiotherapist means a health practitioner who—
p.001972: (a) is, or is deemed to be, registered with the Physiotherapy Board con- tinued by section 114(1)(a)
p.001972: of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy;
p.001972: and
p.001972: (b) holds a current practising certificate
p.001972: place of education—
p.001972: (a) means—
p.001972: (i) a composite school or a secondary school as defined by section 2(1) of the Education Act 1989 or a
p.001972: secondary school registered under section 35A of that Act; and
p.001972: (ii) an institution, such as a polytechnic, teachers college, university or wananga, as defined by section
p.001972: 159(1) of the Education Act 1989; and
p.001972: (iii) a registered establishment as defined by section 159(1) of the Education Act 1989; and
p.001972: (b) includes any other prescribed place of education
p.001972: place of employment means any premises or place—
p.001972: (a) occupied for the purposes of employment; or
p.001972: (b) to which a person has access because of his or her employment; or
...
Searching for indicator substance:
(return to top)
p.000109: Part 5 Dispute resolution
p.000109: Preliminary provision
p.000109: 133 Effect of review or appeal on decisions 110
p.000109: Reviews
p.000109: 134 Who may apply for review 110
p.000109: 135 How to apply for review 111
p.000109:
p.000109: 135A Time frame for lodging review application where alternative dispute resolution conducted about same matter
p.000112: 112
p.000006: 6
p.000006:
p.000006: Reprinted as at
p.000006: 1 April 2019 Accident Compensation Act 2001
p.000006: 136 Corporation to acknowledge receipt of review application 112
p.000006: 137 Corporation to engage and allocate reviewers 112
p.000006:
p.000006: 138 Reviewer’s duty to act independently and disclose previous involvement
p.000112: 112
p.000112: 139 Corporation’s duties to secure independence of reviewer 113
p.000112: 140 Conduct of review: general principles 113
p.000112: 141 Conduct of review: hearing to be held 113
p.000112: 142 Persons entitled to be present and heard at hearing 114
p.000112: 143 Record of hearing
p.000114: 114
p.000114: 144 Review decisions: formalities 115
p.000114: 145 Review decisions: substance 115
p.000114: 146 Deemed review decisions 116
p.000114: 147 Effect of review decisions 116
p.000114: 148 Costs on review
p.000117: 117
p.000117: Appeals
p.000117: 149 Who may appeal against review decision 117
p.000117: 150 District Court Rules and this Act apply to appeal 118
p.000117: 151 Manner of bringing appeal 118
p.000117: 152 Corporation to provide names of persons entitled to be heard 119
p.000117: 153 Notice of hearing place and date 119
p.000117: 154 Corporation’s duty to make record available 119
p.000117: 155 Hearing of appeal
p.000120: 120
p.000120: 156 Evidence at appeal
p.000120: 120
p.000120: 157 Appointment of assessor 120
p.000120: 158 Involvement of assessor 121
p.000120: 159 Court may make order as to persons who may be present 121
p.000120: 160 Court may make order prohibiting publication 122
p.000120: 161 Decisions on appeal 123
p.000120: Further appeals
...
p.000114: (1) The reviewer must make a review decision within 28 days after—
p.000114: (a) the day on which the hearing of the review finishes; or
p.000114: (b) if there is no hearing,—
p.000114: (i) the day that the applicant, the Corporation, and all persons who would be entitled to be
p.000114: present and heard at the hearing specify for the purposes of this section in their agreement not to have a
p.000114: hearing; or
p.000114: (ii) if those persons do not specify a day, the day on which those per- sons agree not to have a hearing.
p.000114: (2) A review decision must—
p.000114: (a) be written; and
p.000114: (b) contain the reasons for the decision; and
p.000114: (c) contain information about the right of appeal.
p.000114: (3) As soon as practicable after making a review decision under subsection (1), the reviewer must give a copy of
p.000114: the decision to—
p.000114: (a) the applicant and the Corporation; and
p.000114: (b) every other person who was entitled to be present and heard at the hear- ing and who was present at it.
p.000114: (4) The reviewer must give a copy of the decision to a person who was entitled to be present and heard at the
p.000114: hearing, but who was not present at it, if that person asks the reviewer for a copy.
p.000114: (5) The Corporation must supply a copy of the review decision to any other person who asks for a copy, but must
p.000114: ensure that the copy supplied contains no infor- mation that may identify any individual. The Corporation may charge a
p.000114: fee for supplying the copy, which must be no greater than the cost of preparing the copy for supply and
p.000114: supplying it.
p.000114: Compare: 1998 No 114 s 147
p.000114:
p.000114: 145 Review decisions: substance
p.000114: (1) In making a decision on the review, the reviewer must—
p.000114: (a) put aside the Corporation’s decision and look at the matter afresh on the basis of the information provided at
p.000114: the review; and
p.000114: (b) put aside the policy and procedure followed by the Corporation and decide the matter only on the
p.000114: basis of its substantive merits under this Act.
p.000114:
p.000114:
p.000114:
p.000115: 115
p.000115:
p.000115:
p.000115:
p.000115:
p.000115: Part 5 s 146 Accident Compensation Act 2001
p.000115: Reprinted as at 1 April 2019
p.000115:
p.000115: (2) However, on the review of a decision revised by the Corporation under section 65(1), the Corporation must
p.000115: establish that the decision revised under that sub- section was made in error.
p.000115: (3) The reviewer must—
p.000115: (a) dismiss the application; or
p.000115: (b) modify the Corporation’s decision; or
p.000115: (c) quash the Corporation’s decision; or
p.000115: (d) direct the Corporation to make a decision within a time frame specified by the reviewer if the Corporation has
p.000115: not made the decision in a timely manner as contemplated by sections 54 and 134(1)(b); or
p.000115: (e) make the decision for the Corporation if it has not made a decision in a timely manner as contemplated by
p.000115: sections 54 and 134(1)(b).
p.000115: (4) If the reviewer quashes the Corporation’s decision, the reviewer must—
p.000115: (a) substitute the reviewer’s decision for that of the Corporation; or
p.000115: (b) require the Corporation to make the decision again in accordance with directions the reviewer gives.
p.000115: (5) The reviewer may make a decision even though a person entitled to be present and heard at the hearing did not
...
Health / Healthy People
Searching for indicator volunteers:
(return to top)
p.000197: relevant Acts:
p.000197: (b) to support the health and safety regulator in carrying out its functions under any provisions of
p.000197: the relevant Acts:
p.000197: (c) to ensure appropriate co-ordination of activities with the Corporation and other relevant agencies:
p.000197: (d) in the case of the Ministry of Business, Innovation, and Employment, to support the Ministry’s
p.000197: responsibilities for workforce development and employment creation.
p.000197: (3) The power conferred on the chief executive of the Ministry of Business, Inno- vation, and Employment and on
p.000197: health and safety regulators by subsection (2) includes (without limitation) power to provide information received
p.000197: under this section to any agency designated under section 28B of the Health and Safety in Employment Act 1992, but
p.000197: only for the purpose of supporting the agency’s functions under that Act.
p.000197: (4) The Corporation must provide the information in accordance with the agree- ment referred to in
p.000197: subsection (1)(b).
p.000197: (5) In subsection (2), relevant Acts means—
p.000197: (a) Disabled Persons Employment Promotion Act 1960:
p.000197: (b) Employment Relations Act 2000:
p.000197: (c) Equal Pay Act 1972:
p.000197: (d) Hazardous Substances and New Organisms Act 1996:
p.000197: (e) Health and Safety at Work Act 2015:
p.000197: (f) Holidays Act 2003:
p.000197: (g) Immigration Act 2009:
p.000197: (h) Machinery Act 1950:
p.000197: (i) Minimum Wage Act 1983:
p.000197: (j) Parental Leave and Employment Protection Act 1987:
p.000197: (k) Volunteers Employment Protection Act 1973:
p.000197: (l) Wages Protection Act 1983:
p.000197: (m) the WorkSafe New Zealand Act 2013.
p.000197: Section 286: substituted, on 1 July 2005, by section 49 of the Injury Prevention, Rehabilitation, and Compensation
p.000197: Amendment Act (No 2) 2005 (2005 No 45).
p.000197: Section 286 heading: amended, on 4 April 2016, by section 15(1) of the Accident Compensation Amendment
p.000197: Act 2015 (2015 No 71).
p.000197:
p.000197:
p.000197:
p.000198: 198
p.000198:
p.000198:
p.000198: Reprinted as at
p.000198: 1 April 2019 Accident Compensation Act 2001
p.000198: Part 8 s 287
p.000198:
p.000198: Section 286 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
p.000198: Section 286(1): replaced, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
p.000198: Section 286(1): amended, on 4 April 2016, by section 15(2) of the Accident Compensation Amend- ment Act 2015 (2015 No
p.000198: 71).
p.000198: Section 286(1)(b): amended, on 4 April 2016, by section 15(3) of the Accident Compensation Amendment Act
p.000198: 2015 (2015 No 71).
p.000198: Section 286(2): replaced, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
p.000198: Section 286(2): amended, on 4 April 2016, by section 15(4) of the Accident Compensation Amend- ment Act 2015 (2015 No
p.000198: 71).
p.000198: Section 286(2)(b): amended, on 4 April 2016, by section 15(4) of the Accident Compensation Amendment Act
p.000198: 2015 (2015 No 71).
p.000198: Section 286(3): replaced, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
...
Health / Mentally Disabled
Searching for indicator disabled:
(return to top)
p.000196: the case may be.
p.000196:
p.000196:
p.000196:
p.000196:
p.000197: 197
p.000197:
p.000197:
p.000197:
p.000197:
p.000197: Part 7 s 286 Accident Compensation Act 2001
p.000197: Reprinted as at 1 April 2019
p.000197:
p.000197: (2) The chief executive of the Ministry of Business, Innovation, and Employment and the health and safety
p.000197: regulator may use the information only for 1 or more of the following purposes:
p.000197: (a) to support the Ministry of Business, Innovation, and Employment in its administration of any provisions of the
p.000197: relevant Acts:
p.000197: (b) to support the health and safety regulator in carrying out its functions under any provisions of
p.000197: the relevant Acts:
p.000197: (c) to ensure appropriate co-ordination of activities with the Corporation and other relevant agencies:
p.000197: (d) in the case of the Ministry of Business, Innovation, and Employment, to support the Ministry’s
p.000197: responsibilities for workforce development and employment creation.
p.000197: (3) The power conferred on the chief executive of the Ministry of Business, Inno- vation, and Employment and on
p.000197: health and safety regulators by subsection (2) includes (without limitation) power to provide information received
p.000197: under this section to any agency designated under section 28B of the Health and Safety in Employment Act 1992, but
p.000197: only for the purpose of supporting the agency’s functions under that Act.
p.000197: (4) The Corporation must provide the information in accordance with the agree- ment referred to in
p.000197: subsection (1)(b).
p.000197: (5) In subsection (2), relevant Acts means—
p.000197: (a) Disabled Persons Employment Promotion Act 1960:
p.000197: (b) Employment Relations Act 2000:
p.000197: (c) Equal Pay Act 1972:
p.000197: (d) Hazardous Substances and New Organisms Act 1996:
p.000197: (e) Health and Safety at Work Act 2015:
p.000197: (f) Holidays Act 2003:
p.000197: (g) Immigration Act 2009:
p.000197: (h) Machinery Act 1950:
p.000197: (i) Minimum Wage Act 1983:
p.000197: (j) Parental Leave and Employment Protection Act 1987:
p.000197: (k) Volunteers Employment Protection Act 1973:
p.000197: (l) Wages Protection Act 1983:
p.000197: (m) the WorkSafe New Zealand Act 2013.
p.000197: Section 286: substituted, on 1 July 2005, by section 49 of the Injury Prevention, Rehabilitation, and Compensation
p.000197: Amendment Act (No 2) 2005 (2005 No 45).
p.000197: Section 286 heading: amended, on 4 April 2016, by section 15(1) of the Accident Compensation Amendment
p.000197: Act 2015 (2015 No 71).
p.000197:
p.000197:
p.000197:
p.000198: 198
p.000198:
p.000198:
p.000198: Reprinted as at
p.000198: 1 April 2019 Accident Compensation Act 2001
p.000198: Part 8 s 287
p.000198:
p.000198: Section 286 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
p.000198: Section 286(1): replaced, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
p.000198: Section 286(1): amended, on 4 April 2016, by section 15(2) of the Accident Compensation Amend- ment Act 2015 (2015 No
p.000198: 71).
...
p.000339: (2004 No 115).
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000340: 340
p.000340:
p.000340:
p.000340: Reprinted as at
p.000340: 1 April 2019 Accident Compensation Act 2001
p.000340: Schedule 6
p.000340:
p.000340: Schedule 6 Consequential amendments
p.000340: s 337
p.000340:
p.000340: Part 1 Acts amended
p.000340: Administration Act 1969 (1969 No 52)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Armed Forces Discipline Act 1971 (1971 No 53)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Carriage by Air Act 1967 (1967 No 151)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Civil Defence Act 1983 (1983 No 46)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Corporations (Investigation and Management) Act 1989 (1989 No 11)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Criminal Justice Act 1985 (1985 No 120)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Customs and Excise Act 1996 (1996 No 27)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Deaths by Accident Compensation Act 1952 (1952 No 35)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disputes Tribunals Act 1988 (1988 No 110)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: District Courts Act 1947 (1947 No 16)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340:
p.000340:
p.000340:
p.000341: 341
p.000341:
p.000341:
p.000341:
p.000341:
p.000341: Schedule 6 Accident Compensation Act 2001
p.000341: Reprinted as at 1 April 2019
p.000341:
p.000341: Employment Relations Act 2000 (2000 No 24)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Fair Trading Act 1986 (1986 No 121)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Family Proceedings Act 1980 (1980 No 94)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Financial Reporting Act 1993 (1993 No 106)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Fire Service Act 1975 (1975 No 42)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Forest and Rural Fires Act 1977 (1977 No 52)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Disability Commissioner Act 1994 (1994 No 88)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Disability Services Act 1993 (1993 No 22)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Safety in Employment Act 1992 (1992 No 96)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Holidays Act 1981 (1981 No 15)
p.000341: Amendment(s) incorporated in the Act(s).
...
Searching for indicator disability:
(return to top)
p.000021: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of chiropractic; and
p.000021: (b) holds a current practising certificate
p.000021: claim means a claim under section 48
p.000021: claimant, in relation to a deceased claimant, includes the spouse or partner, any child, and any other
p.000021: dependants of the deceased claimant
p.000021: clinical dental technician means a health practitioner who—
p.000021: (a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health
p.000021: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of clinical dental technology; and
p.000021: (b) holds a current practising certificate
p.000021: close company has the same meaning as in section YA 1 of the Income Tax Act 2007
p.000021: Code—
p.000021: (a) means the Code of ACC Claimants’ Rights approved under section 44; and
p.000021: (b) includes any amendments to the Code approved under section 47
p.000021: Commissioner means the Commissioner of Inland Revenue, and has the same meaning as in section 3(1) of the Tax
p.000021: Administration Act 1994
p.000021: Corporation means the Accident Compensation Corporation continued by sec- tion 259
p.000021: counsellor means a counsellor of a type described in regulations made under this Act
p.000021: cover has the meaning set out in section 8
p.000021: Crown entity subsidiary has, subject to section 266, the same meaning as in the second column of section 7(1)(c) of the
p.000021: Crown Entities Act 2004
p.000021: Crown funding agreement has the same meaning as in section 10 of the New Zealand Public Health and Disability Act 2000
p.000021: deceased claimant means a claimant who dies and whose cover under section 20 or section 22 is for death or for physical
p.000021: injuries from which he or she dies
p.000021: decision or Corporation’s decision includes all or any of the following deci- sions by the Corporation:
p.000021: (a) a decision whether or not a claimant has cover:
p.000021: (b) a decision about the classification of the personal injury a claimant has suffered (for example, a
p.000021: work-related personal injury or a motor vehicle injury):
p.000021:
p.000021:
p.000022: 22
p.000022:
p.000022:
p.000022: Reprinted as at
p.000022: 1 April 2019 Accident Compensation Act 2001
p.000022: Part 1 s 6
p.000022:
p.000022: (c) a decision whether or not the Corporation will provide any entitlements to a claimant:
p.000022: (d) a decision about which entitlements the Corporation will provide to a claimant:
p.000022: (e) a decision about the level of any entitlements to be provided:
p.000022: (f) a decision relating to the levy payable by a particular levy payer:
p.000022: (g) a decision made under the Code about a claimant’s complaint
p.000022: dental technician means a health practitioner who—
p.000022: (a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health
p.000022: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dental technology; and
p.000022: (b) holds a current practising certificate
p.000022: dentist means a health practitioner who—
p.000022: (a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health
p.000022: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry; and
p.000022: (b) holds a current practising certificate
p.000022: district health board or other provider means a DHB or provider, as defined in section 6 of the New Zealand Public
p.000022: Health and Disability Act 2000
p.000022: earner—
p.000022: (a) means a natural person who engages in employment, whether or not as an employee; and
p.000022: (b) includes a person to whom clause 43, 44, or 44A of Schedule 1 applies
p.000022: Earners’ Account means the Account described in section 218
p.000022: earnings means—
p.000022: (a) earnings as an employee:
p.000022: (b) earnings as a self-employed person:
p.000022: (c) earnings as a shareholder-employee
p.000022: earnings as an employee has the meaning set out in sections 9 to 13 earnings as a self-employed person has the meaning
p.000022: set out in section 14 earnings as a shareholder-employee has the meaning set out in section 15 employee means a natural
p.000022: person who receives, or is entitled to receive,—
p.000022: (a) any amount that is treated as income from employment, as defined in paragraph (a) of the
p.000022: definition of income from employment in section YA 1 of the Income Tax Act 2007; or
p.000022: (b) any salary, wages, or other income to which section RD 3B or RD 3C of the Income Tax Act 2007 applies
p.000022:
p.000022:
p.000023: 23
p.000023:
p.000023:
p.000023:
p.000023:
p.000023: Part 1 s 6 Accident Compensation Act 2001
p.000023: Reprinted as at 1 April 2019
p.000023:
p.000023: employer—
p.000023: (a) means a person, other than a person acting for an employer as a PAYE intermediary as defined in section
p.000023: YA 1 of the Income Tax Act 2007, who pays, or is liable to pay,—
p.000023: (i) any amount that, in relation to any other person, is treated as income from employment, as defined
p.000023: in paragraph (a) of the def- inition of income from employment in section YA 1 of the Income Tax Act 2007; and
...
p.000068: (a) the amendment is a minor or technical amendment; and
p.000068: (b) the Minister considers that compliance with those provisions is unneces- sary.
p.000068:
p.000068: Claims process
p.000068: 48 Person to lodge claim for cover and entitlement
p.000068: A person who wishes to claim under this Act must lodge a claim with the Cor- poration for—
p.000068: (a) cover for his or her personal injury; or
p.000068: (b) cover, and a specified entitlement, for his or her personal injury; or
p.000068: (c) a specified entitlement for his or her personal injury, once the Corpor- ation has accepted the person has
p.000068: cover for the personal injury.
p.000068: Compare: 1998 No 114 s 54
p.000068:
p.000068: 49 Treatment provider lodging claim on behalf of person
p.000068: A treatment provider lodging a claim under section 48 on behalf of a person must lodge the claim promptly with
p.000068: the Corporation after the person has authorised its being lodged.
p.000068: Compare: 1998 No 114 s 57
p.000068:
p.000068: 50 Responsibilities of Corporation after claim lodged
p.000068: (1) On receiving a claim for cover under section 48 from a person, the Corporation must—
p.000068: (a) decide whether or not it accepts that the person has cover; and
p.000068: (b) if it accepts that the person has cover,—
p.000068: (i) provide information about the entitlements to which it considers the claimant may be entitled; and
p.000068: (ii) facilitate the claimant’s access to those entitlements.
p.000068: (2) If the claim is for cover for a treatment injury, the Corporation must provide the claimant with information
p.000068: on the role of the Health and Disability Commis- sioner under the Code of Health and Disability Services
p.000068: Consumers’ Rights.
p.000068:
p.000068:
p.000069: 69
p.000069:
p.000069:
p.000069:
p.000069:
p.000069: Part 3 s 51 Accident Compensation Act 2001
p.000069: Reprinted as at 1 April 2019
p.000069:
p.000069: Section 50(2): added, on 1 July 2005, by section 15 of the Injury Prevention, Rehabilitation, and
p.000069: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000069:
p.000069: 51 When claim is lodged and received
p.000069: For all the purposes of this Act, a claim under section 48 is lodged and received on the date on which the
p.000069: Corporation receives a claim lodged in accordance with this Part.
p.000069: Compare: 1998 No 114 s 58(1)
p.000069:
p.000069: 52 Manner of making claim
p.000069: (1) A person must lodge a claim with the Corporation in a manner specified by the Corporation.
p.000069: (2) The Corporation must specify a manner that it is reasonable to expect the per- son to comply with.
p.000069: (3) The Corporation may impose reasonable requirements on the person, such as, for example, requiring the person
p.000069: to lodge a written claim.
p.000069: Compare: 1998 No 114 s 60
p.000069:
p.000069: 53 Time for making claim
p.000069: (1) A person must lodge a claim with the Corporation within the time limit speci- fied in this section.
p.000069: (2) The Corporation must not decline a claim lodged after the time limit specified in this section on the ground
p.000069: that the claim was lodged late, unless the claim’s lateness prejudices the Corporation in its ability to make
p.000069: decisions.
p.000069: (3) A person must lodge a claim under section 48,—
p.000069: (a) in the case of a claim for cover, within 12 months after the date on which he or she suffers the personal
p.000069: injury; or
...
p.000086: incapacity.
p.000086: (2) The Corporation must provide to an occupational assessor all information the Corporation has that is relevant
p.000086: to an initial occupational assessment.
p.000086: Compare: 1998 No 114 s 96
p.000086: Section 91(1A): inserted, on 1 October 2008, by section 17 of the Injury Prevention, Rehabilitation, and Compensation
p.000086: Amendment Act 2008 (2008 No 46).
p.000086: Section 91(1A): amended, on 1 July 2010, by section 11 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000086:
p.000086: 92 Report on initial occupational assessment
p.000086: (1) The occupational assessor must prepare and provide to the Corporation a report on the initial occupational
p.000086: assessment.
p.000086: (2) The report must—
p.000086: (a) identify the types of work for the purposes of section 89(a); and
p.000086: (b) take into account the information, discussions, and comments referred to in section 91(1).
p.000086: (3) The Corporation must provide a copy of the report to the claimant and the med- ical assessor.
p.000086: Compare: 1998 No 114 s 97
p.000086:
p.000086: 93 Medical assessor
p.000086: (1) A medical assessment must be undertaken by a medical practitioner who is described in subsection
p.000086: (2) or subsection (3).
p.000086: (2) A medical practitioner who provides general medical services must also—
p.000086:
p.000086:
p.000087: 87
p.000087:
p.000087:
p.000087:
p.000087:
p.000087: Part 4 s 94 Accident Compensation Act 2001
p.000087: Reprinted as at 1 April 2019
p.000087:
p.000087: (a) have an interest, and proven work experience, in disability management in the workplace or in occupational
p.000087: rehabilitation; and
p.000087: (b) have at least 5 years’ experience in general practice; and
p.000087: (c) meet at least 1 of the following criteria:
p.000087: (i) be a Fellow of the Royal New Zealand College of General Practi- tioners or hold an equivalent qualification:
p.000087: (ii) be undertaking training towards becoming a Fellow of the Royal New Zealand College of General
p.000087: Practitioners or holding an equivalent qualification:
p.000087: (iii) have undertaken relevant advanced training.
p.000087: (3) A medical practitioner who does not provide general medical services must—
p.000087: (a) have an interest, and proven work experience, in disability management in the workplace or in occupational
p.000087: rehabilitation; and
p.000087: (b) be a member of a recognised college.
p.000087: Section 93: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Compe- tence Assurance Act
p.000087: 2003 (2003 No 48).
p.000087:
p.000087: 94 Assessments when medical assessor unavailable
p.000087: (1) A medical practitioner who does not qualify under section 93 may undertake a medical assessment if the
p.000087: Corporation is satisfied that—
p.000087: (a) the circumstances in subsection (2) exist; and
p.000087: (b) the medical practitioner’s qualifications and experience are broadly com- parable with the qualifications and
p.000087: experience specified in section 93.
p.000087: (2) The circumstances are that—
p.000087: (a) a medical practitioner who does qualify under section 93 is not available to undertake a medical assessment
p.000087: without unreasonable delay or unrea- sonable inconvenience to the claimant; and
p.000087: (b) the delay or inconvenience would have an adverse effect on providing vocational rehabilitation to
p.000087: the claimant.
p.000087: (3) Sections 95 and 96 apply to a medical practitioner who qualifies under this sec- tion to undertake a medical
p.000087: assessment.
p.000087: Section 94(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Com- petence Assurance Act
p.000087: 2003 (2003 No 48).
p.000087: Section 94(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence
p.000087: Assurance Act 2003 (2003 No 48).
p.000087: Section 94(2)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence
p.000087: Assurance Act 2003 (2003 No 48).
...
p.000212: Act 2003 (2003 No 5).
p.000212: Section 316(6): added, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1
p.000212: April 2004), by section 168(3) of the Taxation (Maori Organisations, Taxpayer Com- pliance and Miscellaneous
p.000212: Provisions) Act 2003 (2003 No 5).
p.000212: Section 316(6): amended, on 1 April 2008 (effective for 2008–09 income year and later income years,
p.000212: except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000212:
p.000212: Proceedings
p.000212: 317 Proceedings for personal injury
p.000212: (1) No person may bring proceedings independently of this Act, whether under any rule of law or any enactment, in
p.000212: any court in New Zealand, for damages arising directly or indirectly out of—
p.000212: (a) personal injury covered by this Act; or
p.000212: (b) personal injury covered by the former Acts.
p.000212: (2) Subsection (1) does not prevent any person bringing proceedings relating to, or arising from,—
p.000212: (a) any damage to property; or
p.000212: (b) any express term of any contract or agreement (other than an accident insurance contract under the
p.000212: Accident Insurance Act 1998); or
p.000212: (c) the unjustifiable dismissal of any person or any other personal grievance arising out of a contract of
p.000212: service.
p.000212: (3) However, no court, tribunal, or other body may award compensation in any proceedings referred to
p.000212: in subsection (2) for personal injury of the kinds described in subsection (1).
p.000212: (4) Subsection (1) does not prevent any person bringing proceedings under—
p.000212: (a) section 50 or section 51 of the Health and Disability Commissioner Act 1994; or
p.000212: (b) any of sections 92B, 92E, 92R, 122, 122A, 122B, 123, or 124 of the Human Rights Act 1993.
p.000212: (5) Subsection (1) does not prevent any person bringing proceedings in any court in New Zealand for damages for
p.000212: personal injury of the kinds described in sub- section (1), suffered in New Zealand or elsewhere, if the cause of
p.000212: action is the defendant’s liability for damages under the law of New Zealand under any international
p.000212: convention relating to the carriage of passengers.
p.000212: (6) Subsection (1) does not affect proceedings to which section 318(3) applies.
p.000212: (7) Nothing in this section is affected by—
p.000212:
p.000213: 213
p.000213:
p.000213:
p.000213:
p.000213:
p.000213: Part 9 s 318 Accident Compensation Act 2001
p.000213: Reprinted as at 1 April 2019
p.000213:
p.000213: (a) the failure or refusal of any person to lodge a claim for personal injury of the kinds described in subsection
p.000213: (1); or
p.000213: (b) any purported denial or surrender by any person of any rights relating to personal injury of the kinds
p.000213: described in subsection (1); or
p.000213: (c) the fact that a person who has suffered personal injury of the kinds described in subsection (1)
p.000213: is not entitled to any entitlement under this Act.
p.000213: Compare: 1998 No 114 s 394
p.000213: Section 317(4)(b): substituted, on 11 May 2005, by section 51 of the Injury Prevention, Rehabilita- tion, and
p.000213: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000213:
p.000213: 318 Proceedings for personal injury caused by work-related gradual process, disease, or infection
p.000213: (1) This section applies to proceedings for damages arising directly or indirectly out of personal injury
...
p.000272: health service,—
p.000272: unless, in either case, the aid or appliance, because of its age or condition, is unsuitable to assist in restoring the
p.000272: claimant to independence.
p.000272: (4) The Corporation is not required to provide any aid or appliance, if the claimant has, after suffering the
p.000272: personal injury, disposed of an aid or appliance that, at the time of disposal,—
p.000272: (a) had a similar function to the aid or appliance for which the claimant has lodged a claim; and
p.000272: (b) was still suitable for that function.
p.000272: (5) The Corporation is not required to meet any costs of—
p.000272: (a) maintaining, repairing, or replacing any aid or appliance; or
p.000272: (b) replacing any consumable items used in association with any aid or appliance,—
p.000272: if the costs have been incurred because the claimant has neglected, abused, or misused the aid or appliance.
p.000272: (6) The Corporation may provide an aid or appliance by way of approving its hire by the claimant for a term it
p.000272: approves, if that hire is a cost effective alternative to the purchase of the aid or appliance.
p.000272:
p.000273: 273
p.000273:
p.000273:
p.000273:
p.000273:
p.000273: Schedule 1 Accident Compensation Act 2001
p.000273: Reprinted as at 1 April 2019
p.000273:
p.000273: (7) If the claimant pays for any aid or appliance approved by the Corporation, the Corporation is liable to
p.000273: reimburse the claimant at the same rate that the Corpor- ation normally purchases the aid or appliance, but may deduct
p.000273: any subsidy pay- able by a funder under the Health and Disability Services Act 1993 for that aid or appliance.
p.000273: Compare: 1998 No 114 Schedule 1 cl 42
p.000273: Schedule 1 clause 13(1)(b): amended, on 31 January 2018, by section 4(3) of the Accident Compen- sation Amendment Act
p.000273: 2016 (2016 No 73).
p.000273: Schedule 1 clause 13(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000273: Assurance Act 2003 (2003 No 48).
p.000273: Schedule 1 clause 13(2): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273: Schedule 1 clause 13(3): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273: Schedule 1 clause 13(4): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273: Schedule 1 clause 13(5): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273:
p.000273: 14 Attendant care
p.000273: In deciding whether to provide or contribute to the cost of attendant care, the Corporation must have regard to—
p.000273: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000273: (b) the nature and extent of the claimant’s personal injury and the degree to which that injury impairs his or her
p.000273: ability to provide for his or her per- sonal care; and
p.000273: (c) the extent to which attendant care is necessary to enable the claimant to undertake or continue employment
...
p.000281: (1) The occupational assessor must prepare and provide to the Corporation a report on the occupational assessment
p.000281: specifying—
p.000281: (a) the claimant’s work experience; and
p.000281: (b) the claimant’s education, including any incomplete formal qualifications; and
p.000281:
p.000282: 282
p.000282:
p.000282:
p.000282: Reprinted as at
p.000282: 1 April 2019 Accident Compensation Act 2001
p.000282: Schedule 1
p.000282:
p.000282: (c) any work-related training in which the claimant has participated; and
p.000282: (d) all skills that the assessor has reasonably identified the claimant as hav- ing; and
p.000282: (e) the vocational rehabilitation that the claimant has received under the individual rehabilitation plan
p.000282: or in any other way; and
p.000282: (f) the outcome of the vocational rehabilitation; and
p.000282: (g) all types of work reasonably identified as suitable for the claimant; and
p.000282: (h) in relation to each type of work, the requirements of that type of work, including any environmental
p.000282: modifications that the assessor identifies as necessary to enable the claimant to function safely in that type of work.
p.000282: (2) The Corporation must provide a copy of the report to the claimant and the med- ical assessor.
p.000282: Compare: 1998 No 114 s 97
p.000282:
p.000282: 27 Medical assessor
p.000282: (1) A medical assessment must be undertaken by a medical practitioner who is described in subclause (2)
p.000282: or subclause (3).
p.000282: (2) A medical practitioner who provides general medical services must also—
p.000282: (a) have an interest, and proven work experience, in disability management in the workplace or in occupational
p.000282: rehabilitation; and
p.000282: (b) have at least 5 years’ experience in general practice; and
p.000282: (c) meet at least 1 of the following criteria:
p.000282: (i) be a Fellow of the Royal New Zealand College of General Practi- tioners or hold an equivalent qualification:
p.000282: (ii) be undertaking training towards becoming a Fellow of the Royal New Zealand College of General
p.000282: Practitioners or holding an equivalent qualification:
p.000282: (iii) have undertaken relevant advanced training.
p.000282: (3) A person who does not provide general medical services must also—
p.000282: (a) have an interest, and proven work experience, in disability management in the workplace or in occupational
p.000282: rehabilitation; and
p.000282: (b) be a member of a recognised college.
p.000282: Schedule 1 clause 27: substituted, on 18 September 2004, by section 175(1) of the Health Practition-
p.000282: ers Competence Assurance Act 2003 (2003 No 48).
p.000282:
p.000282: 28 Conduct of medical assessment
p.000282: (1) A medical assessor undertaking a medical assessment as part of an assessment of a claimant’s vocational
p.000282: independence under section 108 must take into account—
p.000282: (a) information provided to the assessor by the Corporation; and
p.000282:
p.000283: 283
p.000283:
p.000283:
p.000283:
p.000283:
p.000283: Schedule 1 Accident Compensation Act 2001
p.000283: Reprinted as at 1 April 2019
p.000283:
p.000283: (b) any individual rehabilitation plan for the claimant; and
p.000283: (c) any of the following medical reports provided to the assessor:
p.000283: (i) medical reports requested by the Corporation before the individual rehabilitation plan was prepared:
p.000283: (ii) medical reports received during the claimant’s rehabilitation; and
p.000283: (d) the report of the occupational assessor under clause 26; and
p.000283: (e) the medical assessor’s clinical examination of the claimant; and
p.000283: (f) any other information or comments that the claimant requests the med- ical assessor to take into account and
p.000283: that the medical assessor decides are relevant.
p.000283: (2) The Corporation must provide to a medical assessor all information the Corpor- ation has that is relevant to a
p.000283: medical assessment.
p.000283: Compare: 1998 No 114 s 99
p.000283:
p.000283: 29 Report on medical assessment
...
p.000340: Criminal Justice Act 1985 (1985 No 120)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Customs and Excise Act 1996 (1996 No 27)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Deaths by Accident Compensation Act 1952 (1952 No 35)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disputes Tribunals Act 1988 (1988 No 110)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: District Courts Act 1947 (1947 No 16)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340:
p.000340:
p.000340:
p.000341: 341
p.000341:
p.000341:
p.000341:
p.000341:
p.000341: Schedule 6 Accident Compensation Act 2001
p.000341: Reprinted as at 1 April 2019
p.000341:
p.000341: Employment Relations Act 2000 (2000 No 24)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Fair Trading Act 1986 (1986 No 121)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Family Proceedings Act 1980 (1980 No 94)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Financial Reporting Act 1993 (1993 No 106)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Fire Service Act 1975 (1975 No 42)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Forest and Rural Fires Act 1977 (1977 No 52)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Disability Commissioner Act 1994 (1994 No 88)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Disability Services Act 1993 (1993 No 22)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Safety in Employment Act 1992 (1992 No 96)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Holidays Act 1981 (1981 No 15)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Housing Restructuring Act 1992 (1992 No 76)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Human Rights Act 1993 (1993 No 82)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Insolvency Act 1967 (1967 No 54)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Judicature Act 1908 (1908 No 9)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Maritime Transport Act 1994 (1994 No 104)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341:
p.000341:
p.000342: 342
p.000342:
p.000342:
p.000342: Reprinted as at
p.000342: 1 April 2019 Accident Compensation Act 2001
p.000342: Schedule 6
p.000342:
p.000342: Medical Practitioners Act 1995 (1995 No 95)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Minors’ Contracts Act 1969 (1969 No 41)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Penal Institutions Act 1954 (1954 No 51)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Privacy Act 1993 (1993 No 28)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Public Bodies Contracts Act 1959 (1959 No 98)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Sharemilking Agreements Act 1937 (1937 No 37)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Social Security Act 1964 (1964 No 136)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Social Welfare (Transitional Provisions) Act 1990 (1990 No 26)
p.000342: Amendment(s) incorporated in the Act(s).
...
Health / Mentally Incapacitated
Searching for indicator incapable:
(return to top)
p.000047: Section 20(3)(b): amended, on 1 August 2008, by section 5(2) of the Injury Prevention, Rehabilita- tion, and
p.000047: Compensation Amendment Act 2008 (2008 No 46).
p.000047:
p.000047: 21 Cover for mental injury caused by certain criminal acts
p.000047: (1) A person has cover for a personal injury that is a mental injury if—
p.000047: (a) he or she suffers the mental injury inside or outside New Zealand on or after 1 April 2002; and
p.000047: (b) the mental injury is caused by an act performed by another person; and
p.000047: (c) the act is of a kind described in subsection (2).
p.000047: (2) Subsection (1)(c) applies to an act that—
p.000047: (a) is performed on, with, or in relation to the person; and
p.000047: (b) is performed—
p.000047: (i) in New Zealand; or
p.000047: (ii) outside New Zealand on, with, or in relation to a person who is ordinarily resident in New Zealand when the
p.000047: act is performed; and
p.000047: (c) is within the description of an offence listed in Schedule 3.
p.000047:
p.000047:
p.000047:
p.000048: 48
p.000048:
p.000048:
p.000048: Reprinted as at
p.000048: 1 April 2019 Accident Compensation Act 2001
p.000048: Part 2 s 21A
p.000048:
p.000048: (3) For the purposes of this section, it is irrelevant whether or not the person is ordinarily
p.000048: resident in New Zealand on the date on which he or she suffers the mental injury.
p.000048: (4) Section 36 describes how the date referred to in subsection (3) is determined.
p.000048: (5) For the purposes of this section, it is irrelevant that—
p.000048: (a) no person can be, or has been, charged with or convicted of the offence; or
p.000048: (b) the alleged offender is incapable of forming criminal intent.
p.000048: Compare: 1998 No 114 s 40
p.000048:
p.000048: 21A Cover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain
p.000048: criminal acts
p.000048: (1) This section applies to persons who suffered personal injury that is mental or nervous shock suffered as an
p.000048: outcome of any act of any other person, which act—
p.000048: (a) was performed on, with, or in relation to the claimant (but not on, with, or in relation to any other person);
p.000048: and
p.000048: (b) was within the description of any offence listed in Schedule 1 of the Accident Rehabilitation
p.000048: and Compensation Insurance Act 1992 (the 1992 Act); and
p.000048: (c) was performed before 1 July 1992 (including before 1 April 1974) and was performed—
p.000048: (i) in New Zealand; or
p.000048: (ii) outside New Zealand, and the claimant was ordinarily resident in New Zealand within the meaning of the
p.000048: 1992 Act when the act was actually performed.
p.000048: (2) For the purpose of subsection (1),—
p.000048: (a) the personal injury is deemed to have been suffered on the date of the first treatment that the claimant
p.000048: received for that personal injury as that personal injury; and
p.000048: (b) that first treatment must have been received on or after 1 July 1992 and before 1 July 1999; and
p.000048: (c) the treatment must have been of a kind for which the Corporation was required or permitted to make payments
p.000048: either directly under regulations made under the 1992 Act or under an agreement or contract or arrange- ment under
p.000048: section 29A of the 1992 Act, irrespective of whether or not it made any payment in the particular case.
p.000048: (3) For the purposes of subsection (1), it is irrelevant—
p.000048: (a) that no person can be, or has been, charged with or convicted of the offence; or
p.000048:
p.000048:
p.000049: 49
p.000049:
p.000049:
p.000049:
p.000049:
p.000049: Part 2 s 21A Accident Compensation Act 2001
p.000049: Reprinted as at 1 April 2019
p.000049:
p.000049: (b) that the alleged offender is incapable of forming criminal intent; or
p.000049: (c) whether or not the person who suffered the personal injury was ordinar- ily resident in New Zealand within the
p.000049: meaning of the 1992 Act when the personal injury is deemed to have been suffered.
p.000049: (4) Persons to whom this section applies are deemed to have had cover under the 1992 Act for the personal injury
p.000049: described in subsection (1), and the following provisions apply:
p.000049: (a) payments made by or through the Corporation (or a subsidiary of the Corporation) or the
p.000049: Department of Labour to those persons for a per- sonal injury described in subsection (1), whether made
p.000049: before or after the commencement of this section, are deemed to be entitlements paid under the 1992 Act to the extent
p.000049: that the correct amounts were paid:
p.000049: (b) for the purpose of paragraph (a), it does not matter whether or not the payment is a payment made in the
p.000049: belief that section 8(3) of the 1992 Act provided cover:
p.000049: (c) entitlements available as a result of cover deemed by this section are subject to Part 13 of the
p.000049: Accident Insurance Act 1998 and Part 11 of this Act:
p.000049: (d) Part 5 applies to decisions made by or on behalf of the Corporation between 15 July 2003 and the
p.000049: commencement of this section on claims made under section 8(3) of the 1992 Act for which cover is deemed by this
p.000049: section, and Part 5 applies as if those decisions had been made on the date of the commencement of this section.
p.000049: (5) However, the following provisions apply to civil proceedings brought before or after the commencement of this
...
Health / Motherhood/Family
Searching for indicator family:
(return to top)
p.000104: (1).
p.000104: Section 122A: inserted, on 1 July 2010, by section 13 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000104:
p.000104: General provisions
p.000104: 123 Entitlements inalienable
p.000104: (1) All entitlements are absolutely inalienable, whether by way of, or in accord- ance with, a sale,
p.000104: assignment, charge, execution, bankruptcy, or otherwise.
p.000104: (2) This section does not affect—
p.000104: (a) any right of the Corporation to recover any amounts under this Act or to make any deductions authorised by
p.000104: this Act from any entitlements that the Corporation is liable to provide; or
p.000104: (b) an independence allowance that is assigned for a period of not more than 5 years to—
p.000104: (i) an insurer; or
p.000104: (ii) [Repealed]
p.000104: (iii) the Corporation, if the Corporation is liable to provide the allow- ance and the Corporation agrees to the
p.000104: assignment; or
p.000104: (c) sections 4 and 5 of the Maori Housing Act 1935; or
p.000104: (d) sections 154 to 161 of the District Court Act 2016; or
p.000104:
p.000104:
p.000104:
p.000105: 105
p.000105:
p.000105:
p.000105:
p.000105:
p.000105: Part 4 s 124 Accident Compensation Act 2001
p.000105: Reprinted as at 1 April 2019
p.000105:
p.000105: (e) sections 87(2)(b), 88AE(1)(a), 103, 104, 105, 106, 106A, and 106B of
p.000105: the Summary Proceedings Act 1957; or
p.000105: (f) section 27Y of the Social Security Act 1964 (as saved by section 256(1) of the Child Support Act 1991) or
p.000105: regulations made under section 444 of the Social Security Act 2018; or
p.000105: (g) sections 105, 110, 118, and 121 of the Family Proceedings Act 1980 (as saved by section 259(1) of the Child
p.000105: Support Act 1991); or
p.000105: (h) the Child Support Act 1991; or
p.000105: (i) subparts 1, 2, and 5 of Part 2 or section 193 of the Student Loan Scheme Act 2011; or
p.000105: (ia) subpart 1 of Part 3 of the KiwiSaver Act 2006; or
p.000105: (j) section 157 of the Tax Administration Act 1994; or
p.000105: (k) section 41B of the Legal Services Act 2011.
p.000105: Compare: 1998 No 114 s 124
p.000105: Section 123(2)(b)(ii): repealed, on 1 February 2011, by section 241(2) of the Insurance (Prudential Supervision) Act
p.000105: 2010 (2010 No 111).
p.000105: Section 123(2)(d): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
p.000105: Section 123(2)(e): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act
p.000105: 2011 (2011 No 32).
p.000105: Section 123(2)(f): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
p.000105: Section 123(2)(i): replaced, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).
p.000105: Section 123(2)(i): amended (with effect on 1 April 2012), on 30 March 2013, by section 45 of the Student Loan Scheme
p.000105: Amendment Act 2013 (2013 No 10).
p.000105: Section 123(2)(ia): inserted, on 1 December 2006, by section 231 of the KiwiSaver Act 2006 (2006
p.000105: No 40).
p.000105: Section 123(2)(j): amended, on 2 September 2013, by section 4 of the Accident Compensation Amendment Act
p.000105: 2013 (2013 No 44).
...
p.000251: Amendment Act (No 2) 2003 (2003 No 80).
p.000251:
p.000251: 385 Compensation payable to children and other dependants under 1972 and 1982 Acts
p.000251: Section 447 of the Accident Insurance Act 1998 continues to apply in respect of a child or any other dependant
p.000251: of a deceased person who was entitled to receive, immediately before 1 April 2002, compensation under that
p.000251: section.
p.000251: Compare: 1998 No 114 s 447(1), (2)
p.000251:
p.000251: 386 Child care payments for children of deceased persons
p.000251: (1) A person who, at the close of 31 March 2002, was entitled, because of section 448 of the Accident Insurance
p.000251: Act 1998, to receive compensation under clause 76 of Schedule 1 of that Act, continues to be entitled to
p.000251: receive it after that date.
p.000251: (2) However, the person’s entitlement after that date is to be determined in accord- ance with Schedule 1.
p.000251: Compare: 1998 No 114 s 448
p.000251:
p.000251: 387 Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased
p.000251: person
p.000251: (1) This section applies if,—
p.000251: (a) immediately before 1 July 1992, a person (person A) was receiving compensation for child care that
p.000251: another person (person B), who subse- quently died, had been providing on a regular basis for a family or
p.000251: household of which person B was a member; and
p.000251: (b) the compensation was payable under section 121 of the Accident Com- pensation Act 1972 or section 80 of
p.000251: the Accident Compensation Act 1982; and
p.000251: (c) the compensation was payable because of section 149(7) of the Accident Rehabilitation and Compensation
p.000251: Insurance Act 1992.
p.000251: (2) The sections referred to in subsection (1)(b) (as applied by section 449 of the Accident Insurance Act 1998)—
p.000251: (a) continue to apply to person A and to his or her entitlement to child care, but not other loss of quantifiable
p.000251: service; and
p.000251: (b) may be used from time to time to reassess person A’s entitlement to child care.
p.000251: (3) Person A—
p.000251: (a) is not entitled to receive a payment for child care under clause 76 of Schedule 1; but
p.000251:
p.000251:
p.000252: 252
p.000252:
p.000252:
p.000252: Reprinted as at
p.000252: 1 April 2019 Accident Compensation Act 2001
p.000252: Part 11 s 389
p.000252:
p.000252: (b) is entitled, not more than once in any 12-month period, to elect to be assessed for entitlement
p.000252: to a payment for child care under clause 76 of Schedule 1.
p.000252: (4) A person who has had an assessment under subsection (3)(b) may irrevocably elect to have his or her
p.000252: entitlement to a payment for child care determined from then on under clause 76 of Schedule 1, in which case subsection
p.000252: (3) no longer applies to him or her.
...
p.000273: Assurance Act 2003 (2003 No 48).
p.000273: Schedule 1 clause 13(2): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273: Schedule 1 clause 13(3): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273: Schedule 1 clause 13(4): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273: Schedule 1 clause 13(5): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273:
p.000273: 14 Attendant care
p.000273: In deciding whether to provide or contribute to the cost of attendant care, the Corporation must have regard to—
p.000273: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000273: (b) the nature and extent of the claimant’s personal injury and the degree to which that injury impairs his or her
p.000273: ability to provide for his or her per- sonal care; and
p.000273: (c) the extent to which attendant care is necessary to enable the claimant to undertake or continue employment
p.000273: (including agreed vocational train- ing) or to attend a place of education, having regard to any entitlement the
p.000273: claimant has to education support; and
p.000273: (d) the extent to which household family members or other family members might reasonably be expected to provide
p.000273: attendant care for the claimant after the claimant’s personal injury; and
p.000273: (e) the extent to which attendant care is required to give household family members a break, from time to time,
p.000273: from providing attendant care for the claimant; and
p.000273: (f) the need to avoid substantial disruption to the employment or other activities of household family
p.000273: members.
p.000273: Compare: 1998 No 114 Schedule 1 cl 44
p.000273:
p.000273: 15 Child care
p.000273: (1) In deciding whether to provide or contribute to the cost of child care, the Cor- poration must have regard to—
p.000273:
p.000273:
p.000274: 274
p.000274:
p.000274:
p.000274: Reprinted as at
p.000274: 1 April 2019 Accident Compensation Act 2001
p.000274: Schedule 1
p.000274:
p.000274: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000274: (b) the number of the claimant’s children and their need for child care; and
p.000274: (c) the extent to which child care was provided by other household family members before the claimant’s personal
p.000274: injury; and
p.000274: (d) the extent to which other household family members or other family members might reasonably be
p.000274: expected to provide child care services after the claimant’s personal injury; and
p.000274: (e) the need to avoid substantial disruption to the employment or other activities of the household
p.000274: family members.
p.000274: (2) The Corporation is not required to provide child care under this clause if it pro- vides child care for the
p.000274: child under clause 76.
p.000274: (3) The Corporation is not required to provide child care for a child to the extent that the child is being
p.000274: provided with attendant care, education support, or train- ing for independence.
p.000274: (4) The Corporation is not required to pay for child care to the extent that child care continues to be provided
p.000274: after a claimant’s personal injury by a person—
p.000274: (a) who lives in the claimant’s home or lived in the claimant’s home imme- diately before the claimant suffered
p.000274: his or her personal injury; and
p.000274: (b) who provided child care before the claimant suffered his or her personal injury.
p.000274: Compare: 1998 No 114 Schedule 1 cl 45
p.000274: Schedule 1 clause 15(2): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000274: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000274: Schedule 1 clause 15(3): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
...
p.000275: Corporation may take into account—
p.000275: (a) the nature and extent of the support that the claimant is assessed as need- ing to assist the claimant to
p.000275: achieve independence in his or her educa- tional participation; and
p.000275: (b) the level of qualifications, experience, and training that the Corporation considers necessary to provide
p.000275: education support to the claimant; and
p.000275: (c) the extent to which the qualifications, experience, and training required to meet the claimant’s needs differ
p.000275: from those required for the provision of education support generally.
p.000275: (5) The Corporation is liable to pay the employer of the education support provider after receiving an invoice
p.000275: from the employer for the support that has been pro- vided at the Corporation’s request.
p.000275: 17 Home help
p.000275: (1) In deciding whether to provide or contribute to the cost of home help, the Cor- poration must have regard to—
p.000275: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000275: (b) the extent to which a claimant undertook domestic activities before the claimant’s personal injury and the
p.000275: extent to which he or she is able to undertake domestic activities after his or her injury; and
p.000275:
p.000275:
p.000275:
p.000276: 276
p.000276:
p.000276:
p.000276: Reprinted as at
p.000276: 1 April 2019 Accident Compensation Act 2001
p.000276: Schedule 1
p.000276:
p.000276: (c) the number of household family members and their need for home help; and
p.000276: (d) the extent to which domestic activities were done by other household family members before the
p.000276: claimant’s personal injury; and
p.000276: (e) the extent to which other household family members or other family members might reasonably be
p.000276: expected to do domestic activities for themselves and for the claimant after the claimant’s personal injury; and
p.000276: (f) the need to avoid substantial disruption to the employment or other activities of the household
p.000276: family members; and
p.000276: (g) the impact of the claimant’s personal injury on the contribution of other family members to domestic
p.000276: activities.
p.000276: (2) The Corporation is not required to pay for home help to the extent that home help continues to be provided
p.000276: after a claimant’s personal injury by a person—
p.000276: (a) who lives in the claimant’s home or lived in the claimant’s home imme- diately before the claimant suffered
p.000276: his or her personal injury; and
p.000276: (b) who provided home help before the claimant suffered his or her personal injury.
p.000276: Compare: 1998 No 114 Schedule 1 cl 46
p.000276: Schedule 1 clause 17(2): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000276: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000276:
p.000276: 18 Modifications to home: matters to which Corporation must have regard
p.000276: (1) In deciding whether to provide or contribute to the cost of modifications to the home, the Corporation must
p.000276: have regard to—
p.000276: (a) any rehabilitation outcome that would be achieved by providing them; and
p.000276: (b) the difficulties faced by the claimant in doing the following without the proposed modifications:
p.000276: (i) gaining access to his or her home:
p.000276: (ii) enjoying reasonable freedom of movement in his or her home:
...
p.000327: Schedule 2 item 40: added, on 17 January 2008, by clause 4 of the Injury Prevention, Rehabilitation, and Compensation
p.000327: (Occupational Diseases) Order 2007 (SR 2007/402).
p.000327: Schedule 2 item 41: added, on 17 January 2008, by clause 4 of the Injury Prevention, Rehabilitation, and Compensation
p.000327: (Occupational Diseases) Order 2007 (SR 2007/402).
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000328: 328
p.000328:
p.000328:
p.000328: Reprinted as at
p.000328: 1 April 2019 Accident Compensation Act 2001
p.000328: Schedule 3
p.000328:
p.000328: Schedule 3
p.000328: Cover for mental injury caused by certain acts dealt with in Crimes Act 1961
p.000328: s 21(2)
p.000328: Section
p.000328: 124A Indecent communication with young person under 16 128B(1) Sexual violation
p.000328: 129(1) Attempted sexual violation
p.000328: 129(2) Assault with intent to commit sexual violation
p.000328: 129A(1) Inducing sexual connection by threat
p.000328: 129A(2) Inducing indecent act by threat
p.000328: 130 Incest
p.000328: 131(1) Sexual connection with dependent family member
p.000328: 131(2) Attempted sexual connection with dependent family member 131(3) Indecent
p.000328: act with dependent family member
p.000328: 131B Meeting young person following sexual grooming, etc 132(1) Sexual
p.000328: connection with child under 12
p.000328: 132(2) Attempted sexual connection with child under 12 132(3) Indecent act on
p.000328: child under 12
p.000328: 134(1) Sexual connection with young person under 16
p.000328: 134(2) Attempted sexual connection with young person under 16 134(3) Indecent
p.000328: act on young person under 16
p.000328: 135 Indecent assault
p.000328: 138(1) Exploitative sexual connection with person with significant impair- ment
p.000328: 138(2) Attempted exploitative sexual connection with person with significant impairment
p.000328: 138(4) Exploitative indecent act with person with significant impairment 142A
p.000328: Compelling indecent act with animal
p.000328: 194 Assault on a child, or by a male on a female. For the purposes of this schedule, section
p.000328: 194 of the Crimes Act 1961 must be regarded as relating only to situations where a female sexually
p.000328: assaults a child under 14 years old.
p.000328: 201 Infecting with disease
p.000328: 204A Female genital mutilation
p.000328: 204B Further offences relating to female genital mutilation
...
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Carriage by Air Act 1967 (1967 No 151)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Civil Defence Act 1983 (1983 No 46)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Corporations (Investigation and Management) Act 1989 (1989 No 11)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Criminal Justice Act 1985 (1985 No 120)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Customs and Excise Act 1996 (1996 No 27)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Deaths by Accident Compensation Act 1952 (1952 No 35)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disputes Tribunals Act 1988 (1988 No 110)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: District Courts Act 1947 (1947 No 16)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340:
p.000340:
p.000340:
p.000341: 341
p.000341:
p.000341:
p.000341:
p.000341:
p.000341: Schedule 6 Accident Compensation Act 2001
p.000341: Reprinted as at 1 April 2019
p.000341:
p.000341: Employment Relations Act 2000 (2000 No 24)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Fair Trading Act 1986 (1986 No 121)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Family Proceedings Act 1980 (1980 No 94)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Financial Reporting Act 1993 (1993 No 106)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Fire Service Act 1975 (1975 No 42)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Forest and Rural Fires Act 1977 (1977 No 52)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Disability Commissioner Act 1994 (1994 No 88)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Disability Services Act 1993 (1993 No 22)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Safety in Employment Act 1992 (1992 No 96)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Holidays Act 1981 (1981 No 15)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Housing Restructuring Act 1992 (1992 No 76)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Human Rights Act 1993 (1993 No 82)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Insolvency Act 1967 (1967 No 54)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Judicature Act 1908 (1908 No 9)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Maritime Transport Act 1994 (1994 No 104)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341:
p.000341:
p.000342: 342
p.000342:
p.000342:
p.000342: Reprinted as at
p.000342: 1 April 2019 Accident Compensation Act 2001
p.000342: Schedule 6
p.000342:
p.000342: Medical Practitioners Act 1995 (1995 No 95)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Minors’ Contracts Act 1969 (1969 No 41)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Penal Institutions Act 1954 (1954 No 51)
...
Health / Physically Disabled
Searching for indicator illness:
(return to top)
p.000210: deduction required to be made under section 221; or
p.000210:
p.000210:
p.000211: 211
p.000211:
p.000211:
p.000211:
p.000211:
p.000211: Part 9 s 316 Accident Compensation Act 2001
p.000211: Reprinted as at 1 April 2019
p.000211:
p.000211: (b) knowingly applies or permits the application of the amount of a deduc- tion made or deemed to be made under
p.000211: section 221 for any purpose other than in payment to the Corporation or an agent of the Corporation; or
p.000211: (c) knowingly provides altered, false, incomplete, or misleading information to the Corporation or any other
p.000211: person in respect of any matter or thing affecting a deduction required to be made under section 221; or
p.000211: (d) causes or attempts to cause any employer, any PAYE intermediary or a private domestic worker or other person
p.000211: to refrain from making a deduc- tion required to be made under section 221 or to make a lesser deduction than the
p.000211: deduction required to be made under section 221; or
p.000211: (e) obtains or attempts to obtain, for the person’s own advantage or benefit, credit with respect to, or a
p.000211: payment of, the whole or any part of the amount of a deduction made in accordance with section 221
p.000211: from an amount included in the earnings of any other person.
p.000211: (2) A person may not be convicted of an offence under subsection (1)(a) if the per- son satisfies the court
p.000211: that the amount of the deduction required to be made under section 221 has been paid to the Corporation or an
p.000211: agent of the Corpor- ation, and that the person’s failure to make payment of the deduction within the prescribed time
p.000211: was due to illness, accident, or other cause beyond the person’s control.
p.000211: (3) A person who commits an offence against subsection (1)(b) is liable, on each occasion the person is convicted,
p.000211: to imprisonment for a term not exceeding 5 years or a fine not exceeding $50,000.
p.000211: (4) A person who commits an offence against any of paragraphs (a), (c), (d), and
p.000211: (e) of subsection (1) is liable,—
p.000211: (a) the first time the person is convicted in relation to a particular type of offence, to a fine not exceeding
p.000211: $25,000:
p.000211: (b) on every other occasion the person is convicted for the same type of offence, to a fine not
p.000211: exceeding $50,000.
p.000211: (5) No person may be convicted of an offence under this section in respect of any deduction required to be made on
p.000211: account of the levy payable under this Act (levy deduction) if the person is convicted of an offence under
p.000211: section 143A(1) of the Tax Administration Act 1994 in respect of any deduction required to be made under the
p.000211: PAYE rules, being a deduction which, if the levy deduction were a deduction on account of income tax for the purposes
p.000211: of the PAYE rules, would have included the amount of the levy deduction.
p.000211: (6) In this section, PAYE intermediary means a PAYE intermediary as defined in section YA 1 of the Income Tax Act
p.000211: 2007.
p.000211: Compare: 1998 No 114 s 382
p.000211:
p.000211:
p.000211:
p.000211:
p.000211:
p.000212: 212
p.000212:
p.000212:
p.000212: Reprinted as at
p.000212: 1 April 2019 Accident Compensation Act 2001
p.000212: Part 9 s 317
p.000212:
p.000212: Section 316(1)(a): amended, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1
...
Health / Physically Ill
Searching for indicator sick:
(return to top)
p.000201: Part 9 Miscellaneous provisions
p.000201: Situations where previous insurer involved
p.000201: 294 Scope and purpose of sections 295 to 297 202
p.000201: 295 Obligation to provide entitlements where subsequent injury occurs 202
p.000201: 296 Failure to reach agreement 203
p.000201: 297 Entitlements not affected by court direction 204
p.000201:
p.000201: 298 Work-related gradual process, disease, or infection involving exposure before 1 April 2002
p.000201: Effect of Act and public interest
p.000204: 204
p.000204: 299 No contracting out of this Act 205
p.000204: 300 Public interest
p.000205: 205
p.000205: Public health acute services
p.000205:
p.000205: 301 Service agreement for purchase of public health acute services and other health services
p.000205: 302 Minister of Health’s responsibilities for purchase of public health acute services and other health
p.000205: services
p.000205: 303 Restriction on purchase by Corporation of public health acute services
p.000205: 205
p.000205:
p.000206: 206
p.000206:
p.000207: 207
p.000207: 304 Minister of Health acts on behalf of the Crown 207
p.000207: Joint purchasing arrangements
p.000207: 305 Joint purchasing arrangements for emergency transport services 207
p.000207: Special leave for non-work injuries
p.000207:
p.000207: 306 Sick leave may be used when employer not liable for first week compensation
p.000207: 207
p.000207: General notification provision
p.000207: 307 How documents given or information notified 208
p.000207: Offences and penalties generally
p.000207: 308 Offence to mislead Corporation 209
p.000207: 309 Offence not to provide requested information to Corporation 209
p.000207: 310 Offence not to provide earnings information to Corporation 210
p.000207: 311 Goods and services tax not payable on penalties or fines 210
p.000207: Liability of directors, employees, and officers
p.000207: 312 Directors, employees, and officers 210
p.000013: 13
p.000013:
p.000013: Accident Compensation Act 2001
p.000013: Reprinted as at 1 April 2019
p.000013: Informations
p.000013: 313 Charges
p.000211: 211
p.000211: Summary conviction [Repealed]
p.000211: 314 Summary conviction [Repealed] 211
p.000211: General fine
p.000211: 315 General fine for offences 211
p.000211: Offences relating to earner levies
p.000211: 316 Offences in relation to deductions 211
p.000211: Proceedings
p.000211: 317 Proceedings for personal injury 213
p.000211:
...
p.000206:
p.000206: 303 Restriction on purchase by Corporation of public health acute services
p.000206: (1) The Corporation must not make any kind of agreement with a district health board or other provider about—
p.000206: (a) any public health acute services that the Corporation is liable to provide under this Act, whether for
p.000206: the payment for or provision of those ser- vices; or
p.000206: (b) any other matter concerning those services.
p.000206: (2) This section applies to avoid doubt.
p.000206: 304 Minister of Health acts on behalf of the Crown
p.000206: The Minister of Health acts on behalf of the Crown under sections 301 and 302.
p.000206:
p.000206: Joint purchasing arrangements
p.000206: 305 Joint purchasing arrangements for emergency transport services
p.000206: (1) The Corporation may enter into a contract, arrangement, or understanding with the Ministry of Health or a
p.000206: district health board to jointly purchase emergency transport services for the purposes of clause 3 of Schedule 1.
p.000206: (2) Nothing in Part 2 of the Commerce Act 1986, other than sections 36 and 36A, applies to—
p.000206: (a) a contract, arrangement, or understanding under this section; or
p.000206: (b) any act, matter, or thing done by any person for the purposes of entering into such a contract, arrangement,
p.000206: or understanding; or
p.000206: (c) any act, matter, or thing done by any person to give effect to such a con- tract, arrangement, or
p.000206: understanding.
p.000206: (3) Nothing in section 303 prevents a contract, arrangement, or understanding under this section.
p.000206: Special leave for non-work injuries
p.000206: 306 Sick leave may be used when employer not liable for first week compensation
p.000206: (1) If an employee suffers a personal injury that is not a work-related personal injury and is not
p.000206: a motor vehicle injury described in section 29(2), and the
p.000206:
p.000206:
p.000207: 207
p.000207:
p.000207:
p.000207:
p.000207:
p.000207: Part 9 s 307 Accident Compensation Act 2001
p.000207: Reprinted as at 1 April 2019
p.000207:
p.000207: employee is incapacitated, the employee may elect to take any unused sick leave entitlement that the
p.000207: employee may have under subpart 4 of Part 2 of the Holidays Act 2003 and use it in respect of an equivalent part of the
p.000207: first week of incapacity.
p.000207: (2) This section applies to avoid doubt.
p.000207: Section 306: substituted, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).
p.000207:
p.000207: General notification provision
p.000207: 307 How documents given or information notified
p.000207: (1) This section applies when—
p.000207: (a) this Act requires a document to be given to a person; or
p.000207: (b) this Act requires a person to be notified of any information, and referen- ces in this section to a
p.000207: document being given must be applied accord- ingly.
p.000207: (2) A document that this Act requires to be given to a person must be given by the method in subsection (3)
p.000207: that the person required to give the document con- siders is most likely to ensure that the document reaches
p.000207: the person.
p.000207: (3) The methods by which a document may be given are—
p.000207: (a) personally delivering it to the person; or
p.000207: (b) posting it to a usual address of the person; or
p.000207: (c) sending it to the person by fax or some other electronic means; or
p.000207: (d) providing it to the person in a manner approved by the person.
p.000207: (4) A document personally delivered under subsection (3)(a) must, if delivered to a corporate body, be
p.000207: delivered to the corporate body’s offices during working hours.
p.000207: (5) A document posted under subsection (3)(b) is deemed to have been delivered to the person at the time it would
p.000207: have been delivered in the ordinary course of post. For the purposes of proving delivery,—
...
p.000287: earnings for each of the 4 weeks are calculated using the following formula:
p.000287: a ÷ b
p.000287: where—
p.000287: a is the claimant’s earnings as an employee (from all employment that was not permanent employment) in the
p.000287: 4 weeks immediately before his or her incapacity commenced
p.000287: b is the number of full or part weeks during which the claimant earned those earnings as an employee
p.000287: in the 4 weeks immediately before his or her incapacity commenced.
p.000287: (2) This subclause applies to any weekly period of incapacity after the 4 weeks described in
p.000287: subclause (1). The claimant’s weekly earnings for any such weekly period are calculated using the following
p.000287: formula:
p.000287: a ÷ b
p.000287: where—
p.000287: a is the claimant’s earnings as an employee (from all employment that was not permanent employment) in the 52
p.000287: weeks immediately before his or her incapacity commenced
p.000287: b is 52 or such smaller number, if adjustments are required under sub- clause (4).
p.000287:
p.000287:
p.000287:
p.000288: 288
p.000288:
p.000288:
p.000288: Reprinted as at
p.000288: 1 April 2019 Accident Compensation Act 2001
p.000288: Schedule 1
p.000288:
p.000288: (3) For the purposes of this clause the following must be disregarded in calculating weekly earnings:
p.000288: (a) any period during which the claimant was entitled to weekly compensa- tion:
p.000288: (b) any continuous period of unpaid sick leave, during a period of employ- ment, of more than 1 week:
p.000288: (ba) any period during which the claimant was within a payment period under the Compensation for Live
p.000288: Organ Donors Act 2016:
p.000288: (c) any period during which—
p.000288: (i) the claimant did not receive earnings as an employee; and
p.000288: (ii) the claimant did receive earnings as a self-employed person or as a shareholder-employee; and
p.000288: (iii) those earnings ceased before the commencement of the claimant’s incapacity:
p.000288: (d) any earnings in respect of any period under paragraph (a), (b), (ba), or (c).
p.000288: (4) In item b of the formula set out in subclause (2), the expression 52 is adjusted by deducting from it any
p.000288: number of weekly periods that subclause (3)(a), (b), or (c) applies to.
p.000288: (5) For the purposes of subclause (3)(c), the Corporation may determine the num- ber of weeks that fairly and
p.000288: reasonably represent the period during which the claimant received earnings as a self-employed person or as a
p.000288: shareholder- employee.
p.000288: Schedule 1 clause 36: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000288: Amendment Act 2010 (2010 No 1).
p.000288: Schedule 1 clause 36(3)(ba): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act
p.000288: 2016 (2016 No 96).
p.000288: Schedule 1 clause 36(3)(d): amended, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act
p.000288: 2016 (2016 No 96).
p.000288:
p.000288: Self-employed claimant
p.000288: 37 Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced:
p.000288: application of clause 38
...
Health / injured
Searching for indicator injured:
(return to top)
p.000053: infection if—
p.000053: (a) he or she suffers the personal injury because, before 1 April 1974, he or she performed a task, or worked in
p.000053: an environment, in the circumstances described in section 30(2); and
p.000053: (b) he or she performed the task, or worked in the environment, outside New Zealand; and
p.000053: (c) he or she was not ordinarily resident in New Zealand when he or she performed the task or worked
p.000053: in the environment (whether or not he or she is ordinarily resident in New Zealand on the date on which he or she
p.000053: suffers the personal injury).
p.000053: (2) Section 37 describes how the date referred to in subsection (1)(c) is deter- mined.
p.000053: Compare: 1998 No 114 s 43
p.000053:
p.000053: Key terms relating to cover
p.000053:
p.000053: 25 Accident
p.000053: (1) Accident means any of the following kinds of occurrences:
p.000053: (a) a specific event or a series of events, other than a gradual process, that—
p.000053: (i) involves the application of a force (including gravity), or resist- ance, external to the human
p.000053: body; or
p.000053: (ii) involves the sudden movement of the body to avoid a force (including gravity), or resistance,
p.000053: external to the body; or
p.000053: (iii) involves a twisting movement of the body:
p.000053: (b) the inhalation of any solid, liquid, gas, or foreign object on a specific occasion, which kind of
p.000053: occurrence does not include the inhalation of a virus, bacterium, protozoan, or fungus, unless that inhalation is the
p.000053: result of the criminal act of a person other than the injured person:
p.000053:
p.000053:
p.000053:
p.000054: 54
p.000054:
p.000054:
p.000054: Reprinted as at
p.000054: 1 April 2019 Accident Compensation Act 2001
p.000054: Part 2 s 26
p.000054:
p.000054: (ba) the oral ingestion of any solid, liquid, gas, fungus, or foreign object on a specific occasion, which kind of
p.000054: occurrence does not include the inges- tion of a virus, bacterium, or protozoan, unless that ingestion is the result of
p.000054: the criminal act of a person other than the injured person:
p.000054: (c) a burn, or exposure to radiation or rays of any kind, on a specific occa- sion, which kind of occurrence
p.000054: does not include a burn or exposure caused by exposure to the elements:
p.000054: (d) the absorption of any chemical through the skin within a defined period of time not exceeding 1 month:
p.000054: (e) any exposure to the elements, or to extremes of temperature or environ- ment, within a defined period of time
p.000054: not exceeding 1 month, that,—
p.000054: (i) for a continuous period exceeding 1 month, results in any restric- tion or lack of ability that prevents the
p.000054: person from performing an activity in the manner or within the range considered normal for the person; or
p.000054: (ii) causes death.
p.000054: (2) However, accident does not include—
p.000054: (a) any of those kinds of occurrences if the occurrence is treatment given,—
p.000054: (i) in New Zealand, by or at the direction of a registered health pro- fessional; or
p.000054: (ii) outside New Zealand, by or at the direction of a person who has qualifications that are the same as or
p.000054: equivalent to those of a registered health professional; or
p.000054: (b) any ecto-parasitic infestation (such as scabies), unless it is work-related; or
p.000054: (c) the contraction of any disease carried by an arthropod as an active vector (such as malaria that results from
p.000054: a mosquito bite), unless it is work-rela- ted.
p.000054: (3) The fact that a person has suffered a personal injury is not of itself to be con- strued as an indication or
p.000054: presumption that it was caused by an accident.
p.000054: Compare: 1998 No 114 s 28
p.000054: Section 25(1)(a): substituted, on 1 July 2005, by section 10(1) of the Injury Prevention, Rehabilita- tion, and
p.000054: Compensation Amendment Act (No 2) 2005 (2005 No 45).
...
p.000244: prepared under the Accident Rehabilitation and Compensation Insurance (Complex Personal Injury) Interim
p.000244: Regulations 1994.
p.000244: (6) Despite section 339, the Accident Rehabilitation and Compensation Insurance (Complex Personal Injury) Interim
p.000244: Regulations 1994 continue to apply to any
p.000244:
p.000244:
p.000244:
p.000244:
p.000245: 245
p.000245:
p.000245:
p.000245:
p.000245:
p.000245: Part 11 s 373 Accident Compensation Act 2001
p.000245: Reprinted as at 1 April 2019
p.000245:
p.000245: social rehabilitation element of an individual rehabilitation programme pre- pared under those regulations.
p.000245: Compare: 1998 No 114 s 436
p.000245:
p.000245: 373 Time limit on vocational rehabilitation
p.000245: In relation to vocational rehabilitation provided to a person before 1 April 2002, the 3-year limitation in
p.000245: section 87(2) runs from the later of—
p.000245: (a) 2 September 1996; or
p.000245: (b) the date on which vocational rehabilitation began to be provided to the person.
p.000245: Compare: 1998 No 114 s 440
p.000245:
p.000245: 374 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household
p.000245: help
p.000245: (1) This section applies if—
p.000245: (a) a person was receiving compensation at a weekly rate of $350 or more immediately before 1 July 1992; and
p.000245: (b) the compensation was paid under section 80 of the Accident Compensa- tion Act 1982 or section 121 of
p.000245: the Accident Compensation Act 1972 and was for—
p.000245: (i) attendant care, meaning personal care and mobility assistance necessary for the injured person; or
p.000245: (ii) household help, meaning provision of assistance for domestic activities that would be performed
p.000245: by the injured person if not injured and that is necessary to enable the person to remain in or take up suitable
p.000245: residence; and
p.000245: (c) the compensation was payable because of section 149(3) or (4) of the Accident Rehabilitation and
p.000245: Compensation Insurance Act 1992.
p.000245: (2) The sections referred to in subsection (1)(b)—
p.000245: (a) continue to apply to the person and to his or her entitlement to attendant care or household help; and
p.000245: (b) can be used from time to time to reassess the person’s entitlement to attendant care or household
p.000245: help.
p.000245: (3) The person—
p.000245: (a) is not entitled to receive attendant care or home help under clauses 12 to 23 of Schedule 1; but
p.000245: (b) is entitled, not more than once in any 12-month period, to elect to be assessed for entitlement
p.000245: to attendant care or home help under clauses 12 to 23 of Schedule 1.
p.000245:
p.000245:
p.000245:
p.000246: 246
p.000246:
p.000246:
p.000246: Reprinted as at
p.000246: 1 April 2019 Accident Compensation Act 2001
p.000246: Part 11 s 377
p.000246:
p.000246: (4) A person who has had an assessment under subsection (3)(b) may irrevocably elect to have his or her
p.000246: entitlements to attendant care and home help deter- mined from then on under clauses 12 to 23 of Schedule 1, in
p.000246: which case sub- section (3) no longer applies to him or her.
p.000246: (5) For the purposes of subsection (1), a person was receiving compensation immediately before 1 July
p.000246: 1992 if he or she was entitled to do so because of a decision on review or appeal given on or after that date on an
...
Social / Access to Social Goods
Searching for indicator socialXwelfare:
(return to top)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Disability Services Act 1993 (1993 No 22)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Health and Safety in Employment Act 1992 (1992 No 96)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Holidays Act 1981 (1981 No 15)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Housing Restructuring Act 1992 (1992 No 76)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Human Rights Act 1993 (1993 No 82)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Insolvency Act 1967 (1967 No 54)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Judicature Act 1908 (1908 No 9)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Maritime Transport Act 1994 (1994 No 104)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341:
p.000341:
p.000342: 342
p.000342:
p.000342:
p.000342: Reprinted as at
p.000342: 1 April 2019 Accident Compensation Act 2001
p.000342: Schedule 6
p.000342:
p.000342: Medical Practitioners Act 1995 (1995 No 95)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Minors’ Contracts Act 1969 (1969 No 41)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Penal Institutions Act 1954 (1954 No 51)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Privacy Act 1993 (1993 No 28)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Public Bodies Contracts Act 1959 (1959 No 98)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Sharemilking Agreements Act 1937 (1937 No 37)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Social Security Act 1964 (1964 No 136)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Social Welfare (Transitional Provisions) Act 1990 (1990 No 26)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Statutory Land Charges Registration Act 1928 (1928 No 18)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Summary Proceedings Act 1957 (1957 No 87)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Te Ture Whenua Maori Act 1993 (1993 No 4)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342: Trustee Companies Act 1967 (1967 No 35)
p.000342: Amendment(s) incorporated in the Act(s).
p.000342:
p.000342:
p.000342:
p.000342:
p.000342:
p.000342:
p.000342:
p.000342:
p.000342:
p.000343: 343
p.000343:
p.000343:
p.000343:
p.000343:
p.000343: Schedule 6 Accident Compensation Act 2001
p.000343: Reprinted as at 1 April 2019
p.000343:
p.000343: Part 2 Regulations amended
p.000343: District Courts Rules 1992 (SR 1992/109)
p.000343: Amendment(s) incorporated in the rules.
p.000343: Health Entitlement Cards Regulations 1993 (SR 1993/169)
p.000343: Amendment(s) incorporated in the regulations.
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000343:
p.000344: 344
p.000344:
p.000344:
p.000344: Reprinted as at
p.000344: 1 April 2019 Accident Compensation Act 2001
...
Searching for indicator access:
(return to top)
p.001972: pharmacist means a health practitioner who—
p.001972: (a) is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health
p.001972: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy; and
p.001972: (b) holds a current practising certificate
p.001972: physiotherapist means a health practitioner who—
p.001972: (a) is, or is deemed to be, registered with the Physiotherapy Board con- tinued by section 114(1)(a)
p.001972: of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy;
p.001972: and
p.001972: (b) holds a current practising certificate
p.001972: place of education—
p.001972: (a) means—
p.001972: (i) a composite school or a secondary school as defined by section 2(1) of the Education Act 1989 or a
p.001972: secondary school registered under section 35A of that Act; and
p.001972: (ii) an institution, such as a polytechnic, teachers college, university or wananga, as defined by section
p.001972: 159(1) of the Education Act 1989; and
p.001972: (iii) a registered establishment as defined by section 159(1) of the Education Act 1989; and
p.001972: (b) includes any other prescribed place of education
p.001972: place of employment means any premises or place—
p.001972: (a) occupied for the purposes of employment; or
p.001972: (b) to which a person has access because of his or her employment; or
p.001972:
p.001972:
p.001972:
p.001972:
p.000029: 29
p.000029:
p.000029:
p.000029:
p.000029:
p.000029: Part 1 s 6 Accident Compensation Act 2001
p.000029: Reprinted as at 1 April 2019
p.000029:
p.000029: (c) attended by a person for a course of education or training for the pur- poses of his or her
p.000029: current employment, if he or she receives earnings from that employment for his or her attendance
p.000029: podiatrist means a health practitioner who—
p.000029: (a) is, or is deemed to be, registered with the Podiatrists Board continued by section 114(1)(a) of the Health
p.000029: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of podiatry; and
p.000029: (b) holds a current practising certificate
p.000029: potential earner means a claimant who either—
p.000029: (a) suffered personal injury before turning 18 years; or
p.000029: (b) suffered personal injury while engaged in full-time study or training that began before the claimant turned 18
p.000029: years and continued uninterrupted until after the claimant turned 18 years
p.000029: practicable, in relation to rehabilitation, means practicable after considering and balancing the following:
p.000029: (a) the nature and consequences of the injury:
p.000029: (b) the achievement of rehabilitation outcomes:
p.000029: (c) costs:
p.000029: (d) cost effectiveness:
p.000029: (e) the availability of other forms of rehabilitation:
p.000029: (f) other relevant factors
p.000029: practising certificate means an annual practising certificate issued by the rele- vant authority under section
...
p.000068: amendment to the Code as if the amendment were the preparation of a draft Code.
p.000068: (3) However, those provisions do not apply to an amendment if—
p.000068: (a) the amendment is a minor or technical amendment; and
p.000068: (b) the Minister considers that compliance with those provisions is unneces- sary.
p.000068:
p.000068: Claims process
p.000068: 48 Person to lodge claim for cover and entitlement
p.000068: A person who wishes to claim under this Act must lodge a claim with the Cor- poration for—
p.000068: (a) cover for his or her personal injury; or
p.000068: (b) cover, and a specified entitlement, for his or her personal injury; or
p.000068: (c) a specified entitlement for his or her personal injury, once the Corpor- ation has accepted the person has
p.000068: cover for the personal injury.
p.000068: Compare: 1998 No 114 s 54
p.000068:
p.000068: 49 Treatment provider lodging claim on behalf of person
p.000068: A treatment provider lodging a claim under section 48 on behalf of a person must lodge the claim promptly with
p.000068: the Corporation after the person has authorised its being lodged.
p.000068: Compare: 1998 No 114 s 57
p.000068:
p.000068: 50 Responsibilities of Corporation after claim lodged
p.000068: (1) On receiving a claim for cover under section 48 from a person, the Corporation must—
p.000068: (a) decide whether or not it accepts that the person has cover; and
p.000068: (b) if it accepts that the person has cover,—
p.000068: (i) provide information about the entitlements to which it considers the claimant may be entitled; and
p.000068: (ii) facilitate the claimant’s access to those entitlements.
p.000068: (2) If the claim is for cover for a treatment injury, the Corporation must provide the claimant with information
p.000068: on the role of the Health and Disability Commis- sioner under the Code of Health and Disability Services
p.000068: Consumers’ Rights.
p.000068:
p.000068:
p.000069: 69
p.000069:
p.000069:
p.000069:
p.000069:
p.000069: Part 3 s 51 Accident Compensation Act 2001
p.000069: Reprinted as at 1 April 2019
p.000069:
p.000069: Section 50(2): added, on 1 July 2005, by section 15 of the Injury Prevention, Rehabilitation, and
p.000069: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000069:
p.000069: 51 When claim is lodged and received
p.000069: For all the purposes of this Act, a claim under section 48 is lodged and received on the date on which the
p.000069: Corporation receives a claim lodged in accordance with this Part.
p.000069: Compare: 1998 No 114 s 58(1)
p.000069:
p.000069: 52 Manner of making claim
p.000069: (1) A person must lodge a claim with the Corporation in a manner specified by the Corporation.
p.000069: (2) The Corporation must specify a manner that it is reasonable to expect the per- son to comply with.
p.000069: (3) The Corporation may impose reasonable requirements on the person, such as, for example, requiring the person
p.000069: to lodge a written claim.
p.000069: Compare: 1998 No 114 s 60
p.000069:
p.000069: 53 Time for making claim
p.000069: (1) A person must lodge a claim with the Corporation within the time limit speci- fied in this section.
p.000069: (2) The Corporation must not decline a claim lodged after the time limit specified in this section on the ground
...
p.000198: and private sectors:
p.000198: (d) to facilitate the dissemination of such information across all appropriate sectors (including the government
p.000198: and private sectors):
p.000198: (e) to enable the effectiveness of government agencies to be monitored in relation to the
p.000198: Government’s overall injury management (including injury prevention) objectives.
p.000198:
p.000199: 199
p.000199:
p.000199:
p.000199:
p.000199:
p.000199: Part 8 s 288 Accident Compensation Act 2001
p.000199: Reprinted as at 1 April 2019
p.000199:
p.000199: 288 Injury-related statistics are classified under Statistics Act 1975
p.000199: Injury-related statistics are a separate class of official statistics under section 4 of the Statistics Act 1975 and
p.000199: the appropriate classification under that section must be used for the purposes of the administration of this Part.
p.000199: 289 Information manager
p.000199: (1) The Prime Minister may designate a person or agency to be an information manager for
p.000199: injury-related information purposes.
p.000199: (2) A manager must report to a Minister designated by the Prime Minister.
p.000199: (3) A manager has all the powers that are reasonably necessary or expedient to enable the manager
p.000199: to carry out the purpose of this Part, including (without limitation) power to exercise or perform the
p.000199: following functions:
p.000199: (a) to develop, set, publish, and maintain standards for the purpose of this Part after consultation with such
p.000199: persons or organisations as the manager considers appropriate:
p.000199: (b) to collect and aggregate injury-related information:
p.000199: (c) to facilitate access (including by publishing) to injury-related informa- tion and unit record data:
p.000199: (d) to consider and review current and future injury-related information requirements.
p.000199: (4) The manager may disclose injury-related information to any officer of another government agency solely for
p.000199: bona fide research or statistical purposes relevant to the functions and duties of that government agency, and to bona
p.000199: fide private sector researchers, only if—
p.000199: (a) the information is to be used in a form in which the individual concerned is not identified; or
p.000199: (b) the information is to be used for statistical purposes and will not be pub- lished in a form that could
p.000199: reasonably be expected to identify the indi- vidual concerned; or
p.000199: (c) the information is to be used for research purposes for which approval by an ethics committee, if required,
p.000199: has been given and will not be pub- lished in a form that could reasonably be expected to identify the indi- vidual
p.000199: concerned.
p.000199: (5) Information may be provided under subsection (4) in a form determined by an agreement between the manager
p.000199: and the chief executive of the government agency or the bona fide researcher.
p.000199: (6) In exercising the powers conferred by subsection (3), a manager must—
p.000199: (a) comply with the Privacy Act 1993 and the Health Information Privacy Code and any other codes issued under that
p.000199: Act; and
p.000199:
p.000199:
p.000199:
p.000200: 200
p.000200:
p.000200:
p.000200: Reprinted as at
p.000200: 1 April 2019 Accident Compensation Act 2001
p.000200: Part 8 s 293
p.000200:
...
p.000232: Part 10 s 341
p.000232:
p.000232: Section 336C: inserted, on 24 September 2015, by section 10 of the Accident Compensation (Finan- cial Responsibility
p.000232: and Transparency) Amendment Act 2015 (2015 No 85).
p.000232: Section 336C(1)(b): 26 September 2015 appointed as the effective date, on 26 September 2015, by clause 3 of the
p.000232: Accident Compensation (Effective Date for Repeal of Residual Levies Provisions) Notice 2015 (LI 2015/221).
p.000232:
p.000232: Consequential amendments, repeals, and revocations
p.000232: 337 Consequential amendments
p.000232: (1) The Acts specified in Part 1 of Schedule 6 are amended in the manner indicated in that schedule.
p.000232: (2) The regulations specified in Part 2 of Schedule 6 are amended in the manner indicated in that schedule.
p.000232: 338 Consequential tax amendments
p.000232: The Acts specified in Schedule 7 are amended in the manner indicated in that schedule.
p.000232: 339 Consequential repeals and revocations
p.000232: (1) The Accident Insurance Act 1998 (1998 No 114) and the Accident Insurance (Transitional Provisions) Act 2000
p.000232: (2000 No 5) are repealed.
p.000232: (2) The orders and regulations listed in Schedule 8 are revoked.
p.000232:
p.000232: Part 10
p.000232: Provisions relating to transition from competitive provision of workplace accident insurance
p.000232: 340 Purpose of this Part
p.000232: The purpose of this Part is to ensure that, despite the repeal of the 1998 Act and the 2000 Act, the orderly
p.000232: transition from the competitive provision of work- place accident insurance continues and, in particular, that—
p.000232: (a) claimants who suffer personal injury to which an accident insurance con- tract under the 1998 Act applies
p.000232: continue to have access to cover and entitlements; and
p.000232: (b) all persons who should be contributing to the cost of claims to which an accident insurance contract applies
p.000232: do so; and
p.000232: (c) the infrastructure and powers connected with the competitive provision of workplace accident insurance
p.000232: continue in place as appropriate.
p.000232: 341 Interpretation
p.000232: (1) In this Part,—
p.000232: 1998 Act means the Accident Insurance Act 1998
p.000232: 2000 Act means the Accident Insurance (Transitional Provisions) Act 2000
p.000232:
p.000233: 233
p.000233:
p.000233:
p.000233:
p.000233:
p.000233: Part 10 s 342 Accident Compensation Act 2001
p.000233: Reprinted as at 1 April 2019
p.000233:
p.000233: accident insurance contract means an accident insurance contract entered into under the 1998 Act
p.000233: insurer means an insurer that was registered under the 1998 Act, while that registration continues under
p.000233: this Act and the insurer is still managing claims under that Act to which this Part applies; and includes—
p.000233: (a) an employer who, because of a risk sharing agreement with an insurer, is responsible for providing claims
p.000233: management services in relation to cover and statutory entitlements for the employer’s employees:
p.000233: (b) the administrator of an insurer, in the administrator’s role under this Part:
p.000233: (c) the Regulator, in the Regulator’s role of meeting obligations of an insol- vent insurer under this Part:
p.000233: (d) the Regulator, in the Regulator’s role of administering the Non-Compli- ers Fund under this Part unless this
p.000233: has been transferred to the Corpor- ation under section 345:
...
p.000276: family members; and
p.000276: (g) the impact of the claimant’s personal injury on the contribution of other family members to domestic
p.000276: activities.
p.000276: (2) The Corporation is not required to pay for home help to the extent that home help continues to be provided
p.000276: after a claimant’s personal injury by a person—
p.000276: (a) who lives in the claimant’s home or lived in the claimant’s home imme- diately before the claimant suffered
p.000276: his or her personal injury; and
p.000276: (b) who provided home help before the claimant suffered his or her personal injury.
p.000276: Compare: 1998 No 114 Schedule 1 cl 46
p.000276: Schedule 1 clause 17(2): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000276: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000276:
p.000276: 18 Modifications to home: matters to which Corporation must have regard
p.000276: (1) In deciding whether to provide or contribute to the cost of modifications to the home, the Corporation must
p.000276: have regard to—
p.000276: (a) any rehabilitation outcome that would be achieved by providing them; and
p.000276: (b) the difficulties faced by the claimant in doing the following without the proposed modifications:
p.000276: (i) gaining access to his or her home:
p.000276: (ii) enjoying reasonable freedom of movement in his or her home:
p.000276: (iii) living independently in his or her home; and
p.000276: (c) the likely duration of the claimant’s residence in the home; and
p.000276: (d) the cost, and the relevant benefit, to the claimant of the proposed modifi- cations; and
p.000276: (e) if the home is not owned by the claimant, whether the owner agrees to the modifications being done; and
p.000276: (f) the likely cost of reasonable alternative living arrangements; and
p.000276: (g) the likely duration of the limitations arising from the personal injury for which the claimant has cover.
p.000276:
p.000276:
p.000277: 277
p.000277:
p.000277:
p.000277:
p.000277:
p.000277: Schedule 1 Accident Compensation Act 2001
p.000277: Reprinted as at 1 April 2019
p.000277:
p.000277: (2) For the purposes of subclause (1)(b)(iii), the assessment of whether a claimant is living independently is
p.000277: not affected by whether the claimant lives with others.
p.000277: Compare: 1998 No 114 Schedule 1 cl 47
p.000277:
p.000277: 19 Modifications to home: rights and responsibilities
p.000277: (1) The Corporation is responsible for—
p.000277: (a) making a preliminary assessment as to whether the proposed modifica- tions serve the purpose in section 79;
p.000277: and
p.000277: (b) if it considers the proposed modifications serve that purpose, meeting the costs of obtaining local
...
p.000278: Schedule 1 clause 19(3)(i): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000278: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000278: Schedule 1 clause 19(3)(j): substituted, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000278: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000278:
p.000278: 20 Training for independence
p.000278: In deciding whether to provide or contribute to the cost of training for inde- pendence, the Corporation
p.000278: must have regard to—
p.000278: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000278: (b) the extent to which training for independence, and the skills and know- ledge likely to be acquired from
p.000278: it, are likely to reduce the claimant’s need for further rehabilitation.
p.000278: Compare: 1998 No 114 Schedule 1 cl 49
p.000278:
p.000278: 21 Transport for independence: matters to which Corporation must have regard
p.000278: (1) In deciding whether to provide or contribute to the cost of transport for inde- pendence, the Corporation must
p.000278: have regard to—
p.000278: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000278: (b) the cost, and the relevant benefit, to the claimant of the transport for independence service for
p.000278: which the claimant has lodged a claim; and
p.000278: (c) the difficulties faced by the claimant in doing the following in relation to the transport used by the
p.000278: claimant before his or her personal injury, with- out the transport for independence service for which he or
p.000278: she has lodged a claim:
p.000278: (i) driving or operating the vehicle:
p.000278: (ii) gaining access to the vehicle:
p.000278: (iii) enjoying freedom and safety of movement in the vehicle:
p.000278: (iv) travelling as a passenger in the vehicle:
p.000278: (v) transporting any essential mobility equipment in the vehicle; and
p.000278:
p.000278:
p.000278:
p.000279: 279
p.000279:
p.000279:
p.000279:
p.000279:
p.000279: Schedule 1 Accident Compensation Act 2001
p.000279: Reprinted as at 1 April 2019
p.000279:
p.000279: (d) the need for the claimant to own or have access to a vehicle, having regard to the times at which
p.000279: and the frequency with which the claimant is likely to need that form of transport; and
p.000279: (e) alternative means of transport available to the claimant; and
p.000279: (f) the effect that modifications, or purchase, of a vehicle will have on the likelihood of the claimant obtaining
p.000279: and retaining employment; and
p.000279: (g) the existing vehicle or vehicles owned or used by the claimant; and
p.000279: (h) whether and when the limitations caused by the claimant’s personal injury are expected to improve;
p.000279: and
p.000279: (i) any plans and quotes an appropriately qualified person provides for pro- posed modifications to, or for the
p.000279: purchase of, a vehicle.
p.000279: (2) The Corporation may require the claimant to satisfy the Corporation of the matters set out in
p.000279: subclause (3) or subclause (4) before the Corporation appro- ves the modification or purchase for which the claimant
p.000279: has lodged a claim.
p.000279: (3) The Corporation may require the claimant to satisfy the Corporation that a vehicle will be modified
p.000279: in such a way that it—
p.000279: (a) will be able to be issued with a warrant of fitness; and
p.000279: (b) will—
p.000279: (i) comply with regulations made under the Transport (Vehicle Stand- ards) Regulations 1990; or
p.000279: (ii) comply with any alternative standards prescribed under regulation 6 of those regulations; or
p.000279: (iii) be issued with an exemption under those regulations.
p.000279: (4) If a claimant wishes to drive a modified or newly purchased vehicle, the Cor- poration may require the
p.000279: claimant to satisfy the Corporation that he or she is likely to be able to drive the vehicle safely, and be legally
p.000279: permitted to drive it.
...
Social / Age
Searching for indicator age:
(return to top)
p.000240: 359 Injuries suffered before 1 April 1974 240
p.000240:
p.000240: 360 Claim for cover under former Acts not lodged until on or after 1 April 2002
p.000240: 361 Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if
p.000240: events before 1 April 1974 and death before 1 July 1992
p.000240: First week compensation for incapacity commencing before 1 April 2002
p.000240: 362 First week compensation for incapacity commencing before 1 April 2002
p.000240: Entitlements for personal injury suffered before 1 April 2002
p.000240: 240
p.000240:
p.000240: 240
p.000240:
p.000240:
p.000240:
p.000240:
p.000241: 241
p.000241: 363 Application of sections 364 to 387 241
p.000241: Treatment
p.000241: 364 Treatment
p.000241: 241
p.000241: Weekly compensation
p.000241: 365 Weekly compensation under Accident Insurance Act 1998 242
p.000241: 366 Weekly earnings of certain claimants increased 242
p.000241: 367 Multiple employment 243
p.000241:
p.000241: 368 Weekly payments for permanent incapacity under 1972 and 1982 Acts
p.000241: 369 Cessation of weekly compensation under any former Act because of capacity for work
p.000241: 370 Cessation of weekly compensation under any former Act because of national superannuation qualification age
p.000243: 243
p.000243:
p.000244: 244
p.000244:
p.000244: 244
p.000244: 371 Interest on late payments of weekly compensation 245
p.000244: Rehabilitation
p.000244: 372 Individual rehabilitation plan 245
p.000244: 373 Time limit on vocational rehabilitation 246
p.000016: 16
p.000016:
p.000016: Reprinted as at
p.000016: 1 April 2019 Accident Compensation Act 2001
p.000016:
p.000016:
p.000016: 374 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and
p.000016: household help
p.000016: 375 Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act:
p.000016: attendant care
p.000016: 376 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts
p.000016:
p.000246: 246
p.000246:
p.000247: 247
p.000247:
p.000247: 247
p.000247:
p.000247: Independence allowance
p.000247: 377 Independence allowance for personal injury suffered before 1 July 1999
p.000247: 378 Personal injury suffered on or after 1 July 1999 and before 1 April 2002
p.000247: 379 Payment of independence allowance to claimant outside New Zealand
p.000247:
p.000247: 247
p.000247:
p.000248: 248
p.000248:
p.000248: 248
p.000248: Lump sum compensation under former Acts
p.000248: 380 Lump sum compensation under former Acts 249
p.000248: Entitlements arising from fatal injuries
p.000248: 381 Funeral expenses for death before 1 April 2002 249
p.000248:
...
p.000025: radiation technology; and
p.000025: (b) holds a current practising certificate
p.000025: mental injury has the meaning set out in section 27
p.000025: midwife means a health practitioner who—
p.000025: (a) is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health
p.000025: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery; and
p.000025: (b) holds a current practising certificate
p.000025: Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant
p.000025: or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
p.000025: moped has the meaning given to it in section 2(1) of the Transport (Vehicle and Driver Registration and
p.000025: Licensing) Act 1986
p.000025: motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
p.000025: Motor Vehicle Account means the Account described in section 213
p.000025:
p.000025:
p.000026: 26
p.000026:
p.000026:
p.000026: Reprinted as at
p.000026: 1 April 2019 Accident Compensation Act 2001
p.000026: Part 1 s 6
p.000026:
p.000026: motor vehicle injury has the meaning set out in sections 29 and 35
p.000026: motorcycle has the meaning given to it in section 2(1) of the Transport (Vehicle and Driver Registration
p.000026: and Licensing) Act 1986
p.000026: Motorcycle Safety levy means the levy payable under section 214(3)
p.000026: New Zealand has the meaning set out in section 16
p.000026: New Zealand superannuation qualification age,—
p.000026: (a) for a person born before 1 April 1936, means the appropriate age set out in section 3 of the Social
p.000026: Welfare (Transitional Provisions) Act 1990 (before its repeal):
p.000026: (b) for any other person, means the age specified in section 7 of the New Zealand Superannuation and
p.000026: Retirement Income Act 2001,—
p.000026: irrespective of whether or not the particular person qualifies for New Zealand superannuation at that or any other age
p.000026: non-earner means a natural person who is not an earner
p.000026: Non-Earners’ Account means the Account described in section 227
p.000026: nurse means a health practitioner who—
p.000026: (a) is, or is deemed to be, registered with the Nursing Council of New Zea- land continued by section 114(1)(a) of
p.000026: the Health Practitioners Compe- tence Assurance Act 2003 as a practitioner of the profession of nursing whose scope
p.000026: of practice permits the performance of general nursing functions; and
p.000026: (b) holds a current practising certificate
p.000026: nurse practitioner means a health practitioner who—
p.000026: (a) is, or is deemed to be, registered with the Nursing Council of New Zea- land continued by section 114(1)(a) of
p.000026: the Health Practitioners Compe- tence Assurance Act 2003 as a practitioner of the profession of nursing whose scope
p.000026: of practice permits the performance of nurse practitioner functions; and
p.000026: (b) holds a current practising certificate
p.000026: occupational therapist means a health practitioner who—
p.000026: (a) is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of
p.000026: the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy;
p.000026: and
p.000026: (b) holds a current practising certificate
p.000026: optometrist means a health practitioner who—
p.000026: (a) is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section
p.000026: 114(1)(a) of the Health Practition-
p.000026:
p.000026:
p.000027: 27
p.000027:
p.000027:
p.000027:
p.000027:
p.000027: Part 1 s 6 Accident Compensation Act 2001
p.000027: Reprinted as at 1 April 2019
p.000027:
...
p.000033: Section 6(1) Medical Misadventure Account: repealed, on 1 April 2007, by section 13(1) of the Injury
p.000033: Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
p.000033: Section 6(1) medical mishap: repealed, on 1 July 2005, by section 3(3) of the Injury Prevention,
p.000033: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000033: Section 6(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners
p.000033: Competence Assurance Act 2003 (2003 No 48).
p.000033: Section 6(1) medical radiation technologist: substituted, on 18 September 2004, by section 175(1) of the Health
p.000033: Practitioners Competence Assurance Act 2003 (2003 No 48).
p.000033: Section 6(1) midwife: substituted, on 18 September 2004, by section 175(1) of the Health Practition- ers Competence
p.000033: Assurance Act 2003 (2003 No 48).
p.000033:
p.000033:
p.000034: 34
p.000034:
p.000034:
p.000034: Reprinted as at
p.000034: 1 April 2019 Accident Compensation Act 2001
p.000034: Part 1 s 6
p.000034:
p.000034: Section 6(1) moped: inserted, on 3 March 2010, by section 6(3) of the Accident Compensation Amendment Act
p.000034: 2010 (2010 No 1).
p.000034: Section 6(1) Motor Vehicle Account Residual levy: repealed, on 3 March 2010, by section 6(1) of the Accident
p.000034: Compensation Amendment Act 2010 (2010 No 1).
p.000034: Section 6(1) motorcycle: inserted, on 3 March 2010, by section 6(3) of the Accident Compensation Amendment Act 2010
p.000034: (2010 No 1).
p.000034: Section 6(1) Motorcycle Safety levy: inserted, on 3 March 2010, by section 6(3) of the Accident
p.000034: Compensation Amendment Act 2010 (2010 No 1).
p.000034: Section 6(1) New Zealand superannuation qualification age: substituted, on 12 October 2001, by section 77 of the New
p.000034: Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
p.000034: Section 6(1) New Zealand superannuation qualification age paragraph (b): amended, on 21 April 2005, by section 9(1) of
p.000034: the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
p.000034: Section 6(1) nurse: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence
p.000034: Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) nurse practitioner: inserted, on 1 August 2008, by section 4(1) of the Injury Preven- tion,
p.000034: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000034: Section 6(1) occupational therapist: substituted, on 18 September 2004, by section 175(1) of the Health
p.000034: Practitioners Competence Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) optometrist: substituted, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000034: Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) osteopath: substituted, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000034: Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) other dependant paragraph (c): amended, on 26 April 2005, by section 8(1) of the Injury
p.000034: Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000034: Section 6(1) partner: inserted, on 26 April 2005, by section 3 of the Injury Prevention, Rehabilita- tion, and
p.000034: Compensation Amendment Act 2005 (2005 No 12).
p.000034: Section 6(1) PAYE income payment: inserted, on 1 April 2008 (effective for 2008–09 income year and later income
p.000034: years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No
p.000034: 97).
p.000034: Section 6(1) personal injury caused by medical misadventure: repealed, on 1 July 2005, by section 3(4) of the Injury
p.000034: Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
...
p.000243: (3) The weekly payment payable to the person is the greater of—
p.000243: (a) the weekly compensation calculated under Part 2 of Schedule 1; or
p.000243: (b) the weekly amount payable under section 365(3).
p.000243: (4) No compensation is payable under this section or section 365 unless—
p.000243: (a) an assessment of compensation has been made under section 114 of the Accident Compensation Act 1972 or
p.000243: section 60 of the Accident Com- pensation Act 1982; and
p.000243: (b) the assessment was completed—
p.000243: (i) before 1 October 1992; or
p.000243: (ii) on or after 1 October 1992 only because an application for review of a decision about the assessment was
p.000243: lodged before 1 October 1992 under Part 9 of the Accident Compensation Act 1982.
p.000243: Compare: 1998 No 114 s 431
p.000243:
p.000243: 369 Cessation of weekly compensation under any former Act because of capacity for work
p.000243: (1) Sections 100 to 113 apply to a claimant whose compensation is continued by section 365.
p.000243: (2) An assessment of capacity to work that was commenced under a former Act and not completed before the
p.000243: commencement of this Act may be completed under the former Act and have effect as if it were an assessment of
p.000243: vocational independence under this Act.
p.000243: Compare: 1998 No 114 s 433
p.000243: Section 369(2): substituted, on 11 May 2005, by section 58 of the Injury Prevention, Rehabilitation, and Compensation
p.000243: Amendment Act (No 2) 2005 (2005 No 45).
p.000243:
p.000243: 370 Cessation of weekly compensation under any former Act because of national superannuation qualification age
p.000243: Clauses 52 and 53 of Schedule 1 apply to compensation under section 365.
p.000243: Compare: 1998 No 114 s 434
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000244: 244
p.000244:
p.000244:
p.000244: Reprinted as at
p.000244: 1 April 2019 Accident Compensation Act 2001
p.000244: Part 11 s 372
p.000244:
p.000244: 371 Interest on late payments of weekly compensation
p.000244: (1) Despite section 339, section 72 of the Accident Rehabilitation and Compensa- tion Insurance Act 1992 (as
p.000244: continued by section 458 of the Accident Insurance Act 1998) continues in effect to the extent that it requires payment
p.000244: of interest only in respect of calculations made under that Act for any period commencing on or after 1 July 1992 for
p.000244: which weekly compensation is payable.
p.000244: (2) Despite section 339,—
p.000244: (a) section 101 of the Accident Insurance Act 1998 continues in effect as if that section had not been repealed;
p.000244: but
p.000244: (b) section 101 has effect to require the payment of interest only in respect of calculations made under that Act
p.000244: for the period 1 July 1999 to 1 April 2002.
p.000244: Compare: 1998 No 114 s 458
p.000244:
p.000244: Rehabilitation
p.000244: 372 Individual rehabilitation plan
p.000244: (1) An individual rehabilitation plan under any of the former Acts that was in effect immediately
p.000244: before 1 April 2002 continues to have effect on and after that date in the form it had at the close of 31 March 2002.
p.000244: (2) Subsection (3) applies if an element of the individual rehabilitation plan was agreed to be provided but was
p.000244: not in fact provided before 1 April 2002.
p.000244: (3) When this subsection applies, the following provisions of the relevant former Act continue to apply to the
...
p.000272: Education Amendment Act 2006 (2006 No 19).
p.000272: Schedule 1 clause 12 home paragraph (a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000272: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000272: Schedule 1 clause 12 home paragraph (b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000272: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000272:
p.000272: 13 Aids and appliances
p.000272: (1) In deciding whether to provide or contribute to the cost of an aid or appliance, the Corporation must have
p.000272: regard to—
p.000272: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000272: (b) whether a claimant has a prescription for the aid or appliance from a health practitioner who
p.000272: holds appropriate qualifications to the satisfac- tion of the Corporation.
p.000272: (2) The Corporation is not required to provide an artificial aid in the nature of an implant, unless the implant
p.000272: is implanted in the course of a surgical procedure approved by the Corporation.
p.000272: (3) The Corporation is not required to provide any aid or appliance, if a claimant already—
p.000272: (a) owns an aid or appliance that has, at the time at which the Corporation is making its decision, a similar
p.000272: function to the aid or appliance for which the claimant has lodged a claim; or
p.000272: (b) possesses such an aid or appliance on permanent loan from any person or organisation, including a hospital and
p.000272: health service,—
p.000272: unless, in either case, the aid or appliance, because of its age or condition, is unsuitable to assist in restoring the
p.000272: claimant to independence.
p.000272: (4) The Corporation is not required to provide any aid or appliance, if the claimant has, after suffering the
p.000272: personal injury, disposed of an aid or appliance that, at the time of disposal,—
p.000272: (a) had a similar function to the aid or appliance for which the claimant has lodged a claim; and
p.000272: (b) was still suitable for that function.
p.000272: (5) The Corporation is not required to meet any costs of—
p.000272: (a) maintaining, repairing, or replacing any aid or appliance; or
p.000272: (b) replacing any consumable items used in association with any aid or appliance,—
p.000272: if the costs have been incurred because the claimant has neglected, abused, or misused the aid or appliance.
p.000272: (6) The Corporation may provide an aid or appliance by way of approving its hire by the claimant for a term it
p.000272: approves, if that hire is a cost effective alternative to the purchase of the aid or appliance.
p.000272:
p.000273: 273
p.000273:
p.000273:
p.000273:
p.000273:
p.000273: Schedule 1 Accident Compensation Act 2001
p.000273: Reprinted as at 1 April 2019
p.000273:
p.000273: (7) If the claimant pays for any aid or appliance approved by the Corporation, the Corporation is liable to
p.000273: reimburse the claimant at the same rate that the Corpor- ation normally purchases the aid or appliance, but may deduct
p.000273: any subsidy pay- able by a funder under the Health and Disability Services Act 1993 for that aid or appliance.
p.000273: Compare: 1998 No 114 Schedule 1 cl 42
p.000273: Schedule 1 clause 13(1)(b): amended, on 31 January 2018, by section 4(3) of the Accident Compen- sation Amendment Act
p.000273: 2016 (2016 No 73).
...
p.000295: Schedule 1 clause 41(6): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000295: Amendment Act 2010 (2010 No 1).
p.000295:
p.000295: Adjustments for low earners
p.000295: 42 Weekly earnings of earners in full-time employment: increase in certain circumstances
p.000295: (1) This clause applies to a claimant who—
p.000295: (a) was, immediately before his or her incapacity commenced,—
p.000295: (i) in the category of earners liable to pay the minimum levy set in regulations made for the purposes of section
p.000295: 168B; or
p.000295:
p.000296: 296
p.000296:
p.000296:
p.000296: Reprinted as at
p.000296: 1 April 2019 Accident Compensation Act 2001
p.000296: Schedule 1
p.000296:
p.000296: (ii) an earner in full-time employment; and
p.000296: (b) had weekly earnings calculated under clause 41 or, if that clause does not apply, under any of
p.000296: clauses 34, 36, 38, or 39 of less than the min- imum weekly earnings as determined under subclause (3); and
p.000296: (c) is incapacitated for more than 5 weeks after the incapacity first com- menced.
p.000296: (2) For the purpose of calculating weekly compensation for loss of earnings pay- able to the claimant for any
p.000296: period after the 5-week period, the claimant is deemed to have had, immediately before his or her incapacity
p.000296: commenced, the minimum weekly earnings as determined under subclause (3).
p.000296: (3) The minimum weekly earnings are—
p.000296: (a) for a person under 18 years of age, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person under the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (b) for a person 18 years of age or over, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person over the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (4) [Repealed]
p.000296: (5) [Repealed]
p.000296: (6) [Repealed]
p.000296: (7) Subclause (2) does not apply to any period unless the Corporation is satisfied that, but for the incapacity,
p.000296: the claimant would have been an earner in full-time employment during that period.
p.000296: (8) Subclause (2) does not apply if the claimant has an entitlement under any other provision of this schedule to
p.000296: weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.
p.000296:
p.000296:
p.000296:
p.000297: 297
p.000297:
p.000297:
p.000297:
p.000297:
p.000297: Schedule 1 Accident Compensation Act 2001
p.000297: Reprinted as at 1 April 2019
p.000297:
p.000297: (9) Nothing in this clause is affected by the claimant’s entitlement to any weekly compensation under any of
p.000297: clauses 66, 70, and 71.
p.000297: Compare: 1998 No 114 Schedule 1 cl 18
p.000297: Schedule 1 clause 42(1)(a)(i): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and
p.000297: Compensation Amendment Act 2007 (2007 No 8).
p.000297: Schedule 1 clause 42(1)(b): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000297: (2010 No 1).
p.000297: Schedule 1 clause 42(1)(c): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000297: (2010 No 1).
...
p.000304: (1) [Repealed]
p.000304: (2) In calculating weekly compensation under this Part, the Corporation must reduce the amount of weekly
p.000304: compensation paid to a claimant so as to ensure that the total of the claimant’s weekly compensation and earnings after
p.000304: his or her incapacity commences does not exceed the claimant’s weekly earnings as calculated under clauses 33 to 45 or
p.000304: 47.
p.000304:
p.000305: 305
p.000305:
p.000305:
p.000305:
p.000305:
p.000305: Schedule 1 Accident Compensation Act 2001
p.000305: Reprinted as at 1 April 2019
p.000305:
p.000305: (3) [Repealed]
p.000305: (4) The amount of a claimant’s weekly earnings under subclause (2) must be adjus- ted in the manner provided in
p.000305: section 115.
p.000305: Compare: 1998 No 114 Schedule 1 cl 24
p.000305: Schedule 1 clause 51(1): repealed, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000305: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000305: Schedule 1 clause 51(2): amended, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000305: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000305: Schedule 1 clause 51(3): repealed, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000305: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000305:
p.000305: Effect of New Zealand superannuation
p.000305: 52 Relationship between weekly compensation and New Zealand superannuation
p.000305: (1) Subclause (2) applies to a claimant who—
p.000305: (a) first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification
p.000305: age; and
p.000305: (b) has been entitled to it for 24 months or longer before reaching that age.
p.000305: (2) Such a claimant loses his or her entitlement to weekly compensation on reach- ing that age.
p.000305: (3) Subclauses (4) and (5) apply to a claimant who first becomes entitled to weekly compensation 12 months or
p.000305: more, but less than 24 months, before reaching New Zealand superannuation qualification age.
p.000305: (4) Such a claimant is entitled to weekly compensation for 24 months from the date of entitlement to
p.000305: the compensation.
p.000305: (5) However, the claimant’s entitlement to the compensation is dependent on his or her making an election to be
p.000305: entitled, after reaching New Zealand superannu- ation qualification age, to the compensation, rather than to New
p.000305: Zealand super- annuation.
p.000305: (6) Subclauses (7) and (8) apply to a claimant who first becomes entitled to weekly compensation—
p.000305: (a) within 12 months before reaching New Zealand superannuation qualifi- cation age; or
p.000305: (b) on or after reaching New Zealand superannuation qualification age.
p.000305: (7) Such a claimant is entitled to the weekly compensation for a period of 12 months following the
p.000305: later of—
p.000305: (a) the date of reaching New Zealand superannuation qualification age; or
p.000305: (b) the date of entitlement to weekly compensation.
p.000305:
p.000305:
p.000305:
p.000305:
p.000306: 306
p.000306:
p.000306:
p.000306: Reprinted as at
p.000306: 1 April 2019 Accident Compensation Act 2001
p.000306: Schedule 1
p.000306:
p.000306: (8) The claimant is then entitled to the weekly compensation for the next 12 months, if he or she
p.000306: makes an election to be entitled, during those 12 months, to the compensation, rather than to New Zealand
p.000306: superannuation.
p.000306: (9) Nothing in this clause entitles a claimant to weekly compensation if he or she is not otherwise entitled to it
p.000306: under this schedule.
p.000306: Compare: 1998 No 114 Schedule 1 cl 25
p.000306: Schedule 1 clause 52(1)(a): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000306: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000306: Schedule 1 clause 52(3): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000306: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000306: Schedule 1 clause 52(6): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000306: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000306:
p.000306: 53 Election for purposes of clause 52
p.000306: (1) A claimant must make an election under clause 52(5) or (8) within the period that is the later of the
p.000306: following:
p.000306: (a) within 1 month before the date on which the election would take effect; or
p.000306: (b) within 1 month after the claimant has been notified of the amount of the weekly compensation by the
p.000306: Corporation, the reviewer, or the District Court, whichever is applicable in the claimant’s case.
...
p.000311: claimant is—
p.000311: (a) $100,000; and
p.000311: (b) payable to a claimant whose degree of whole-person impairment is 80% or more.
p.000311: (5) The amounts specified in regulations, the minimum amount specified in sub- clause (3), and the maximum amount
p.000311: specified in subclause (4) must be adjus- ted in the manner provided in section 116.
p.000311: 57 Corporation not to assess entitlement until it receives medical certificate as to stability of claimant’s
p.000311: condition
p.000311: (1) The Corporation must not assess the claimant’s entitlement to lump sum com- pensation until the earlier of the
p.000311: following:
p.000311: (a) the Corporation receives a certificate from a medical practitioner indicat- ing that—
p.000311: (i) the claimant’s condition resulting from the personal injury has sta- bilised; and
p.000311:
p.000311:
p.000311:
p.000312: 312
p.000312:
p.000312:
p.000312: Reprinted as at
p.000312: 1 April 2019 Accident Compensation Act 2001
p.000312: Schedule 1
p.000312:
p.000312: (ii) it is likely that there is permanent impairment resulting from the personal injury; or
p.000312: (b) after 2 years have passed since the date of the personal injury, the Cor- poration receives a certificate
p.000312: from a medical practitioner indicating that—
p.000312: (i) the claimant’s condition resulting from the personal injury has not stabilised; but
p.000312: (ii) it is likely that there is permanent impairment resulting from the personal injury.
p.000312: (2) If the claimant is under 16 years of age and has cover for personal injury that is a mental injury, the
p.000312: Corporation must not assess the claimant’s entitlement to lump sum compensation for the mental injury until the
p.000312: claimant turns 16 years of age, unless the Corporation is satisfied that there are compelling reasons for assessing the
p.000312: claimant’s entitlement earlier.
p.000312: (3) A certificate provided under subclause (1) in respect of personal injury that is mental injury must—
p.000312: (a) state that it is likely that permanent impairment has arisen from the men- tal injury; and
p.000312: (b) be provided by a medical practitioner who is suitably qualified (to the Corporation’s satisfaction)
p.000312: to assess mental injury.
p.000312: (4) The Corporation is liable to pay for the reasonable costs associated with the provision of a
p.000312: certificate under subclause (1).
p.000312: Schedule 1 clause 57(1)(a): amended, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000312: Assurance Act 2003 (2003 No 48).
p.000312: Schedule 1 clause 57(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000312: Assurance Act 2003 (2003 No 48).
p.000312: Schedule 1 clause 57(3)(b): amended, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000312: Assurance Act 2003 (2003 No 48).
p.000312:
p.000312: 58 Appointment of assessors
p.000312: (1) The Corporation must appoint and pay as many assessors as it considers neces- sary to do assessments under
p.000312: clauses 59 and 61.
p.000312: (2) In appointing a person to be an assessor, the Corporation must have regard to the skills, qualifications, and
p.000312: training the Corporation considers appropriate for a person to do the assessments under those clauses.
p.000312: 59 Assessment of entitlement to lump sum compensation
p.000312: (1) After the Corporation receives a certificate under clause 57, the Corporation must authorise an
...
p.000315: (2) Adjustments to the amounts specified in subclause (1) must be made in the manner provided in
p.000315: section 116.
p.000315: Compare: 1998 No 114 Schedule 1 cl 66
p.000315: Schedule 1 clause 65(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000315: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000315:
p.000315: 66 Weekly compensation for surviving spouse or partner
p.000315: (1) The Corporation is liable to pay weekly compensation to a surviving spouse or partner of a deceased claimant.
p.000315: (2) Weekly compensation payable under this clause is payable from the date of the claimant’s death at the rate of
p.000315: 60% of—
p.000315: (a) the weekly compensation for loss of earnings to which the claimant would have been entitled at the
p.000315: end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
p.000315: (b) the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled
p.000315: at the end of 6 months of incap- acity, had he or she lived but been totally incapacitated.
p.000315: (3) Subclause (2) is subject to clause 74.
p.000315: (4) The Corporation must not cancel or suspend the surviving spouse’s or partner’s weekly compensation—
p.000315: (a) because the spouse or partner marries, enters into a civil union, or enters into a de facto relationship; or
p.000315: (b) [Repealed]
p.000315: (c) because of the age that the claimant would have reached if he or she had not died.
p.000315: (5) The surviving spouse or partner ceases to be entitled to weekly compensation on the latest of—
p.000315: (a) the end of 5 consecutive years from the date on which it first became payable:
p.000315: (b) the surviving spouse or partner ceasing to have the care of all of the chil- dren who are under the age of 18
p.000315: years:
p.000315:
p.000315:
p.000315:
p.000316: 316
p.000316:
p.000316:
p.000316: Reprinted as at
p.000316: 1 April 2019 Accident Compensation Act 2001
p.000316: Schedule 1
p.000316:
p.000316: (c) the youngest of the children of the deceased who is in the care of the sur- viving spouse or partner turning
p.000316: 18 years:
p.000316: (d) the surviving spouse or partner ceasing to have the care of all other dependants of the deceased
p.000316: claimant who were in the surviving spouse’s or partner’s care.
p.000316: Compare: 1998 No 114 Schedule 1 cl 67
p.000316: Schedule 1 clause 66 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and
p.000316: Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(4): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(4)(a): substituted, on 26 April 2005, by section 7 of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(4)(b): repealed, on 26 April 2005, by section 7 of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(5): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
...
p.000317:
p.000317:
p.000317: Schedule 1 Accident Compensation Act 2001
p.000317: Reprinted as at 1 April 2019
p.000317:
p.000317: Schedule 1 clause 67 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and
p.000317: Compensation Amendment Act 2005 (2005 No 12).
p.000317: Schedule 1 clause 67(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000317: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000317: Schedule 1 clause 67(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000317: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000317: Schedule 1 clause 67(3): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000317: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000317: Schedule 1 clause 67(4): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000317: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000317: Schedule 1 clause 67(5): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000317: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000317: Schedule 1 clause 67(5): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000317: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000317:
p.000317: 68 Relationship between surviving spouse’s or partner’s weekly compensation and New Zealand superannuation
p.000317: (1) Subclause (2) applies to a surviving spouse or partner who—
p.000317: (a) is entitled to weekly compensation immediately before reaching New Zealand superannuation
p.000317: qualification age; and
p.000317: (b) has been entitled to it for 12 months or longer before reaching that age.
p.000317: (2) Such a surviving spouse or partner is entitled to the weekly compensation if he or she makes an election to be
p.000317: entitled to it, rather than to New Zealand super- annuation.
p.000317: (3) Subclauses (4) and (5) apply to a surviving spouse or partner who becomes entitled to weekly
p.000317: compensation—
p.000317: (a) within 12 months before reaching New Zealand superannuation qualifi- cation age; or
p.000317: (b) on or after reaching New Zealand superannuation qualification age.
p.000317: (4) Such a surviving spouse or partner is entitled to the weekly compensation for a period of 12 months following
p.000317: the later of—
p.000317: (a) the date of reaching New Zealand superannuation qualification age; or
p.000317: (b) the date of entitlement to weekly compensation.
p.000317: (5) The surviving spouse or partner then continues to be entitled to the weekly compensation if he or
p.000317: she makes an election to be entitled to it, rather than to New Zealand superannuation.
p.000317: (6) Nothing in this clause entitles a surviving spouse or partner to weekly compen- sation if he or she is not
p.000317: otherwise entitled to it under this schedule.
p.000317: Compare: 1998 No 114 Schedule 1 cl 68
p.000317: Schedule 1 clause 68 heading: amended, on 26 April 2005, by section 8(3) of the Injury Prevention, Rehabilitation, and
p.000317: Compensation Amendment Act 2005 (2005 No 12).
p.000317: Schedule 1 clause 68(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000317: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000317:
p.000318: 318
p.000318:
p.000318:
p.000318: Reprinted as at
p.000318: 1 April 2019 Accident Compensation Act 2001
p.000318: Schedule 1
p.000318:
p.000318: Schedule 1 clause 68(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 68(3): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 68(4): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 68(5): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 68(6): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318:
p.000318: 69 Election for purposes of clause 68
p.000318: (1) A surviving spouse or partner must make an election under clause 68(2) or (5) within the period that is the
p.000318: latest of the following:
p.000318: (a) within 1 month before the date on which the election would take effect; or
p.000318: (b) within 1 month after the surviving spouse or partner has been notified of the amount of the weekly
p.000318: compensation by the Corporation, the reviewer, or the District Court, whichever is applicable in the surviving
p.000318: spouse’s or partner’s case; or
p.000318: (c) before 1 month before the surviving spouse or partner reaches New Zea- land superannuation qualification age.
p.000318: (2) The Corporation may allow a surviving spouse or partner to exercise or revoke an election under clause 68(2)
p.000318: or (5) after the period specified in subclause (1) has ended, but only if the Corporation is satisfied that the
p.000318: surviving spouse’s or partner’s circumstances have changed significantly since the end of the period.
p.000318: Compare: 1998 No 114 Schedule 1 cl 69
p.000318: Schedule 1 clause 69(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(1)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016
p.000318: (2016 No 49).
p.000318: Schedule 1 clause 69(1)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(1)(b): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(1)(c): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(2): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318:
p.000318: 70 Weekly compensation for child
p.000318: (1) The Corporation is liable to pay weekly compensation to a child of a deceased claimant.
p.000318:
p.000318:
p.000319: 319
p.000319:
p.000319:
p.000319:
p.000319:
p.000319: Schedule 1 Accident Compensation Act 2001
p.000319: Reprinted as at 1 April 2019
p.000319:
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the child’s weekly compensation because of the age that the
p.000319: claimant would have reached if he or she had not died.
p.000319: (5) The child ceases to be entitled to weekly compensation on the later of—
p.000319: (a) the end of the calendar year in which the child turns 18 years; or
p.000319: (b) if the child is in full-time study at a place of education, the earliest of ceasing the study, completing the
p.000319: study, or turning 21 years.
p.000319: (6) The Corporation must double the compensation payable for each parent if both the child’s parents have died.
p.000319: Compare: 1998 No 114 Schedule 1 cl 70
p.000319:
p.000319: 71 Weekly compensation for other dependants
p.000319: (1) The Corporation is liable to pay weekly compensation to any other dependant of a deceased claimant.
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the other dependant’s weekly compensation because of the
p.000319: age that the claimant would have reached if he or she had not died.
p.000319: (5) The other dependant ceases to be entitled to weekly compensation on the earlier of the following:
p.000319: (a) the other dependant has or will have, over a period of 12 months, aver- age earnings per week greater
p.000319: than the minimum weekly earnings as determined under clause 42(3):
p.000319:
p.000319:
p.000320: 320
p.000320:
p.000320:
p.000320: Reprinted as at
p.000320: 1 April 2019 Accident Compensation Act 2001
p.000320: Schedule 1
p.000320:
p.000320: (b) if clause 72 applies to the other dependant, the event occurs under that clause that ends the other
p.000320: dependant’s entitlement to weekly compensa- tion.
p.000320: Compare: 1998 No 114 Schedule 1 cl 71
p.000320:
p.000320: 72 Relationship between other dependant’s weekly compensation and New Zealand superannuation
p.000320: (1) Subclause (2) applies to any other dependant who—
p.000320: (a) is entitled to weekly compensation immediately before reaching New Zealand superannuation
p.000320: qualification age; and
p.000320: (b) has been entitled to it for 24 months or longer before reaching that age.
p.000320: (2) Such a dependant loses his or her entitlement to weekly compensation on reaching that age.
p.000320: (3) Subclauses (4) and (5) apply to any other dependant who becomes entitled to weekly compensation 12 months
p.000320: or more, but less than 24 months, before reaching New Zealand superannuation qualification age.
p.000320: (4) Such a dependant is entitled to weekly compensation for 24 months from the date of entitlement to the
p.000320: compensation.
p.000320: (5) However, the other dependant’s entitlement to the compensation is dependent on his or her making an election
p.000320: to be entitled to the compensation, rather than to New Zealand superannuation, after reaching New Zealand
p.000320: superannuation qualification age.
p.000320: (6) Subclauses (7) and (8) apply to any other dependant who becomes entitled to weekly compensation—
p.000320: (a) within 12 months before reaching New Zealand superannuation qualifi- cation age; or
p.000320: (b) on or after reaching New Zealand superannuation qualification age.
p.000320: (7) Such a dependant is entitled to the weekly compensation for a period of 12 months following the
p.000320: later of—
p.000320: (a) the date of reaching New Zealand superannuation qualification age; or
p.000320: (b) the date of entitlement to weekly compensation.
p.000320: (8) The other dependant is then entitled to the weekly compensation for the next 12 months, if he or she makes an
p.000320: election to be entitled to the compensation, rather than to New Zealand superannuation, for those next 12 months.
p.000320: (9) Nothing in this clause entitles any other dependant to weekly compensation if he or she is not otherwise
p.000320: entitled to it under this schedule.
p.000320: Compare: 1998 No 114 Schedule 1 cl 72
p.000320:
p.000320:
p.000320:
p.000320:
p.000320:
p.000321: 321
p.000321:
p.000321:
p.000321:
p.000321:
p.000321: Schedule 1 Accident Compensation Act 2001
p.000321: Reprinted as at 1 April 2019
p.000321:
p.000321: 73 Election for purposes of clause 72
p.000321: (1) The other dependant must make an election under clause 72(5) or (8) within the period that is the latest of
p.000321: the following:
p.000321: (a) within 1 month before the date on which the election would take effect; or
p.000321: (b) within 1 month after the other dependant has been notified of the amount of the weekly compensation by the
p.000321: Corporation, the reviewer, or the Dis- trict Court, whichever is applicable in the other dependant’s case; or
p.000321: (c) before 1 month before the other dependant reaches New Zealand super- annuation qualification age.
p.000321: (2) The Corporation may allow any other dependant to exercise or revoke an elec- tion under clause 72(5) or
p.000321: (8) after the period specified in subclause (1) has ended, but only if the Corporation is satisfied
p.000321: that the other dependant’s cir- cumstances have changed significantly since the end of the period.
p.000321: Compare: 1998 No 114 Schedule 1 cl 73
p.000321: Schedule 1 clause 73(1)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016
p.000321: (2016 No 49).
p.000321:
p.000321: 74 Maximum payments
p.000321: (1) The total amount of weekly compensation payable under clauses 66 to 73 must not exceed—
p.000321: (a) the weekly compensation for loss of earnings to which the claimant would have been entitled at the
p.000321: end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
p.000321: (b) the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled
p.000321: at the end of 6 months of incap- acity, had he or she lived but been totally incapacitated.
p.000321: (2) The Corporation may reduce all weekly compensation calculated under those clauses pro rata, and may readjust
p.000321: it from time to time, if the Corporation con- siders the reduction and readjustment is necessary for the
p.000321: purposes of sub- clause (1).
p.000321: Compare: 1998 No 114 Schedule 1 cl 74
p.000321:
p.000321: 75 Spouse or partner status or dependency arising after date of personal injury
...
Social / Child
Searching for indicator child:
(return to top)
p.000105: section 223
p.000105: 106 Effect of determination under section 105 on entitlement to weekly 94
p.000105: compensation
p.000105: Vocational independence
p.000105: 107 Corporation to determine vocational independence 94
p.000105: 108 Assessment of claimant’s vocational independence 95
p.000105: 109 When claimant’s vocational independence to be assessed 95
p.000105: 110 Notice to claimant in relation to assessment of vocational 96
p.000105: independence
p.000105: 111 How determination that claimant has vocational independence is to 96
p.000105: be regarded
p.000105: 112 Claimant with vocational independence loses entitlement to 96
p.000105: weekly compensation
p.000105: 113 Claimant who no longer has vocational independence regains 97
p.000105: entitlement to weekly compensation
p.000105: Interest on late payments of weekly compensation
p.000105: 114 Payment of interest when Corporation makes late payment of 97
p.000105: weekly compensation
p.000005: 5
p.000005:
p.000005: Accident Compensation Act 2001
p.000005: Reprinted as at 1 April 2019
p.000005: 114A Corporation must publish applicable interest rate and premium 99
p.000005: Indexation of weekly compensation and related amounts
p.000005: 115 Indexation of weekly compensation and related amounts 100
p.000005: Indexation of other entitlements
p.000005:
p.000005: 116 Indexation of lump sum compensation, funeral grant, survivor’s grant, and child care payments
p.000005: Powers of Corporation
p.000100: 100
p.000100: 117 Corporation may suspend, cancel, or decline entitlements 101
p.000100: Disentitlements
p.000100:
p.000100: 118 Disentitlement because proceedings brought: personal injury caused by work-related gradual process,
p.000100: disease, or infection
p.000100: 119 Disentitlement for wilfully self-inflicted personal injuries and suicide
p.000102: 102
p.000103: 103
p.000103: 120 Disentitlement for conviction for murder 103
p.000103: 121 Disentitlement during imprisonment 104
p.000103: 122 Disentitlement for certain imprisoned offenders 104
p.000103: 122A Exemption from section 122(1) 105
p.000103: General provisions
p.000103: 123 Entitlements inalienable 105
p.000103: 124 Entitlements to be provided to claimant only 106
p.000103:
p.000103: 125 Corporation to pay amount for child to caregiver or financially responsible person
p.000107: 107
p.000107: 126 Corporation to pay amount to claimant’s estate 107
p.000107:
p.000107: 127 Payment of weekly compensation and lump sum compensation to claimant outside New Zealand
p.000107: 107
p.000107: 128 Payment for rehabilitation to claimant outside New Zealand 108
p.000107: 129 Payment for attendant care to claimant outside New Zealand 108
p.000107:
p.000107: 130 Payment to claimant outside New Zealand may be in New Zealand dollars to New Zealand bank account
p.000109: 109
p.000109: 131 Advances of compensation and grants 109
p.000109: 132 Adjustment of payments for part periods 109
p.000109: Part 5 Dispute resolution
p.000109: Preliminary provision
p.000109: 133 Effect of review or appeal on decisions 110
p.000109: Reviews
p.000109: 134 Who may apply for review 110
p.000109: 135 How to apply for review 111
p.000109:
p.000109: 135A Time frame for lodging review application where alternative dispute resolution conducted about same matter
p.000112: 112
p.000006: 6
p.000006:
p.000006: Reprinted as at
p.000006: 1 April 2019 Accident Compensation Act 2001
p.000006: 136 Corporation to acknowledge receipt of review application 112
p.000006: 137 Corporation to engage and allocate reviewers 112
p.000006:
...
p.000016: 376 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts
p.000016:
p.000246: 246
p.000246:
p.000247: 247
p.000247:
p.000247: 247
p.000247:
p.000247: Independence allowance
p.000247: 377 Independence allowance for personal injury suffered before 1 July 1999
p.000247: 378 Personal injury suffered on or after 1 July 1999 and before 1 April 2002
p.000247: 379 Payment of independence allowance to claimant outside New Zealand
p.000247:
p.000247: 247
p.000247:
p.000248: 248
p.000248:
p.000248: 248
p.000248: Lump sum compensation under former Acts
p.000248: 380 Lump sum compensation under former Acts 249
p.000248: Entitlements arising from fatal injuries
p.000248: 381 Funeral expenses for death before 1 April 2002 249
p.000248:
p.000248: 382 Survivor’s grant to surviving spouses or partners, children, and other dependants for death before 1 April
p.002002: 2002
p.002002: 383 Compensation payable to surviving spouses or partners, children, and other dependants under Accident
p.002002: Insurance Act 1998
p.002002: 384 Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts
p.002002: 385 Compensation payable to children and other dependants under 1972 and 1982 Acts
p.000250: 250
p.000250:
p.000250: 250
p.000250:
p.000251: 251
p.000251:
p.000252: 252
p.000252: 386 Child care payments for children of deceased persons 252
p.000252:
p.000252: 387 Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased
p.000252: person
p.000252: 252
p.000252: 388 Indexation of certain entitlements payable under former Acts 253
p.000252: Disentitlements
p.000252: 389 Disentitling sections apply 253
p.000252: Revision of decisions under former Acts
p.000252: 390 Corporation may revise decisions 254
p.000252: Review and appeals
p.000252: 391 Review and appeal proceedings for decisions under former Acts 254
p.000252: Financial provisions
p.000252: 392 Allocation of existing funds 255
p.000252: 393 Levies, premiums, and other payments under former Acts 256
p.000252:
p.000252:
p.000252:
p.000252:
p.000252:
p.000017: 17
p.000017:
p.000017:
p.000017:
p.000017:
p.000017: Accident Compensation Act 2001
p.000017: Reprinted as at 1 April 2019
p.000017:
p.000017:
p.000017: Accredited employers
p.000017: 394 Accredited employers under Accident Rehabilitation and Compensation Insurance Act 1992
p.000017:
p.000256: 256
p.000256: 395 Accredited employers under Accident Insurance Act 1998 256
p.000256: Regulations
p.000256: 396 Regulations providing for transitional matters [Expired] 257
p.000256: 397 Expiry of section 396 257
p.000256: Relationship of HSE levy and reserves portion
p.000256: 398 Collection of HSE levy 257
p.000256: Transitional provisions relating to Corporation
...
p.000020:
p.000020: activity, for the purposes of Part 6,—
p.000020: (a) means a business, industry, profession, trade, undertaking of an employer, a self-employed
p.000020: person, or a private domestic worker; and
p.000020: (b) includes ancillary or subservient functions relating to the activity, such as administration, management,
p.000020: marketing and distribution, technical support, maintenance, and product development; and
p.000020: (c) in the case of a self-employed person, refers to the nature of his or her work rather than the context or
p.000020: business in which he or she is working
p.000020: acupuncturist means—
p.000020: (a) a member of the New Zealand Register of Acupuncturists Incorporated; or
p.000020: (b) a member of the New Zealand Acupuncture Standards Authority Incorp- orated who—
p.000020: (i) is a qualified health professional registered to practise in some other medical discipline in New
p.000020: Zealand who holds a recognised postgraduate qualification in acupuncture of a minimum of 120 credits (1 year
p.000020: full time) at Level 8 or above on the New Zealand Register of Quality Assured Qualifications; or
p.000020: (ii) holds a National Diploma in Acupuncture (Level 7) or equivalent according to the criteria for the New Zealand
p.000020: Register of Quality Assured Qualifications
p.000020: acute treatment has the meaning set out in section 7
p.000020: audiologist—
p.000020: (a) means a member of the New Zealand Audiological Society; but
p.000020: (b) does not include a member when he or she is acting in the course of employment by a supplier of
p.000020: hearing aids or acting as a supplier of hear- ing aids
p.000020: Board means the Board of the Corporation
p.000020: child, in relation to a deceased claimant,—
p.000020: (a) means his or her natural child; and
p.000020: (b) includes his or her adopted child; and
p.000020: (c) includes any other child who would ordinarily be regarded as his or her child because the deceased claimant—
p.000020: (i) was the spouse or partner of one of the child’s parents; and
p.000020: (ii) acted as a parent of the child; but
p.000020: (d) does not include an other dependant of the claimant
p.000020: child care means personal care or supervisory care of a child in New Zealand
p.000020:
p.000020:
p.000020:
p.000021: 21
p.000021:
p.000021:
p.000021:
p.000021:
p.000021: Part 1 s 6 Accident Compensation Act 2001
p.000021: Reprinted as at 1 April 2019
p.000021:
p.000021: chiropractor means a health practitioner who—
p.000021: (a) is, or is deemed to be, registered with the Chiropractic Board continued by section 114(1)(a) of the Health
p.000021: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of chiropractic; and
p.000021: (b) holds a current practising certificate
p.000021: claim means a claim under section 48
p.000021: claimant, in relation to a deceased claimant, includes the spouse or partner, any child, and any other
p.000021: dependants of the deceased claimant
p.000021: clinical dental technician means a health practitioner who—
p.000021: (a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health
p.000021: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of clinical dental technology; and
p.000021: (b) holds a current practising certificate
p.000021: close company has the same meaning as in section YA 1 of the Income Tax Act 2007
p.000021: Code—
p.000021: (a) means the Code of ACC Claimants’ Rights approved under section 44; and
p.000021: (b) includes any amendments to the Code approved under section 47
p.000021: Commissioner means the Commissioner of Inland Revenue, and has the same meaning as in section 3(1) of the Tax
p.000021: Administration Act 1994
p.000021: Corporation means the Accident Compensation Corporation continued by sec- tion 259
p.000021: counsellor means a counsellor of a type described in regulations made under this Act
p.000021: cover has the meaning set out in section 8
p.000021: Crown entity subsidiary has, subject to section 266, the same meaning as in the second column of section 7(1)(c) of the
p.000021: Crown Entities Act 2004
p.000021: Crown funding agreement has the same meaning as in section 10 of the New Zealand Public Health and Disability Act 2000
p.000021: deceased claimant means a claimant who dies and whose cover under section 20 or section 22 is for death or for physical
p.000021: injuries from which he or she dies
p.000021: decision or Corporation’s decision includes all or any of the following deci- sions by the Corporation:
p.000021: (a) a decision whether or not a claimant has cover:
p.000021: (b) a decision about the classification of the personal injury a claimant has suffered (for example, a
...
p.000026: and
p.000026: (b) holds a current practising certificate
p.000026: optometrist means a health practitioner who—
p.000026: (a) is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section
p.000026: 114(1)(a) of the Health Practition-
p.000026:
p.000026:
p.000027: 27
p.000027:
p.000027:
p.000027:
p.000027:
p.000027: Part 1 s 6 Accident Compensation Act 2001
p.000027: Reprinted as at 1 April 2019
p.000027:
p.000027: ers Competence Assurance Act 2003 as a practitioner of the profession of optometry; and
p.000027: (b) holds a current practising certificate
p.000027: ordinarily resident in New Zealand has the meaning set out in section 17
p.000027: osteopath means a health practitioner who—
p.000027: (a) is, or is deemed to be, registered with the Osteopathic Council estab- lished by section 114(4) of
p.000027: the Health Practitioners Competence Assur- ance Act 2003 as a practitioner of the profession of osteopathy; and
p.000027: (b) holds a current practising certificate
p.000027: other dependant means a person who has all the following characteristics immediately before a deceased
p.000027: claimant’s death:
p.000027: (a) because of his or her physical or mental condition, he or she is finan- cially dependent on the
p.000027: deceased claimant:
p.000027: (b) he or she is deriving average earnings per week of less than the min- imum weekly earnings as
p.000027: determined under clause 42(3) of Schedule 1:
p.000027: (c) he or she is not the deceased claimant’s spouse or partner:
p.000027: (d) he or she is not a child of the deceased claimant under 18 years
p.000027: outstanding claims liability, in relation to a particular date, means the present value of expected future payments in
p.000027: respect of claims under this Act or any of the former Acts, which claims are—
p.000027: (a) claims notified to, and accepted by, the Corporation before that date, in respect of which payments have not
p.000027: been fully made at that date; and
p.000027: (b) claims that relate to events that have already occurred, but that have not been notified to, or accepted by,
p.000027: the Corporation as at that date; and
p.000027: (c) claims of a type described in paragraph (a) or paragraph (b) that have been taken on by the
p.000027: Corporation, in accordance with section 7 of the Accident Insurance (Transitional Provisions) Act 2000, under an
p.000027: agree- ment with an insurer
p.000027: overpayment means an overpayment of the type described in section 248(1)(a)
p.000027: parental leave has the same meaning as in section 2(1) of the Parental Leave and Employment Protection Act 1987
p.000027: partner, in the phrase “spouse or partner” and in related contexts, has the meaning set out in section
p.000027: 18A(1) to (3); and, in relation to a deceased claim- ant, has the meaning set out in section 18A(4) to (6)
p.000027: PAYE income payment has the same meaning as in section RD 3(1) of the Income Tax Act 2007
p.000027: personal injury has the meaning set out in section 26
p.000027: personal injury caused by a work-related gradual process, disease, or infection has the meaning set out in
p.000027: section 30
p.000027:
p.000028: 28
p.000028:
p.000028:
p.000028: Reprinted as at
p.000028: 1 April 2019 Accident Compensation Act 2001
p.000028: Part 1 s 6
p.000028:
...
p.000031: purposes of furnishing a return of income under the Tax Administration Act 1994
p.000031: trade plate has the same meaning as in section 233(1) of the Land Transport Act 1998
p.000031: treatment includes—
p.000031: (a) physical rehabilitation:
p.000031: (b) cognitive rehabilitation:
p.000031: (c) an examination for the purpose of providing a certificate including the provision of the certificate
p.000031: treatment injury has the meaning set out in section 32
p.000031: Treatment Injury Account means the Account described in section 228
p.000031: treatment provider—
p.000031: (a) means an acupuncturist, audiologist, chiropractor, counsellor, dentist, medical laboratory
p.000031: technologist, nurse, nurse practitioner, occupational therapist, optometrist, osteopath, physiotherapist,
p.000031: podiatrist, medical practitioner, or speech therapist; and
p.000031: (b) includes a member of any occupational group included in the definition of treatment provider by regulations
p.000031: made under section 322
p.000031: vocational independence, in relation to a claimant, means the claimant’s cap- acity, as determined under section 107,
p.000031: to engage in work—
p.000031: (a) for which he or she is suited by reason of experience, education, or train- ing, or any combination of those
p.000031: things; and
p.000031: (b) for 30 hours or more a week
p.000031: weekly compensation means compensation for loss of earnings, or loss of potential earning capacity, and
p.000031: compensation for the spouse or partner, child, or other dependant of a deceased claimant, that is payable by the
p.000031: Corporation—
p.000031: (a) under any of clauses 32, 47, 66, 70, and 71 of Schedule 1; or
p.000031: (b) under sections 131, 210, 224, Part 10, or Part 11
p.000031:
p.000031:
p.000031:
p.000031:
p.000032: 32
p.000032:
p.000032:
p.000032: Reprinted as at
p.000032: 1 April 2019 Accident Compensation Act 2001
p.000032: Part 1 s 6
p.000032:
p.000032: weekly earnings, in relation to an earner, means the weekly earnings of that earner determined in accordance with Part
p.000032: 2 of Schedule 1
p.000032: Work Account means the Account described in section 167
p.000032: work-related personal injury has the meaning set out in sections 28 and 29(1)
p.000032: WorkSafe means WorkSafe New Zealand established by section 5 of the WorkSafe New Zealand Act 2013.
p.000032: (2) An example used in this Act is only illustrative of the provision it relates to. It does not limit the
p.000032: provision.
p.000032: Compare: 1998 No 114 s 13
p.000032: Section 6(1) acupuncturist: substituted, on 11 May 2005, by section 3(1) of the Injury Prevention, Rehabilitation, and
p.000032: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000032: Section 6(1) child paragraph (c)(i): amended, on 26 April 2005, by section 8(1) of the Injury Preven- tion,
p.000032: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000032: Section 6(1) chiropractor: substituted, on 18 September 2004, by section 175(1) of the Health Prac- titioners
p.000032: Competence Assurance Act 2003 (2003 No 48).
p.000032: Section 6(1) claimant: amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000032: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000032: Section 6(1) clinical dental technician: substituted, on 18 September 2004, by section 175(1) of the Health
p.000032: Practitioners Competence Assurance Act 2003 (2003 No 48).
p.000032: Section 6(1) close company: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except
p.000032: when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000032: Section 6(1) Crown entity subsidiary: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000032: No 115).
p.000032: Section 6(1) Crown entity subsidiary: amended, on 18 July 2013, by section 42 of the Crown Entities
p.000032: Amendment Act 2013 (2013 No 51).
p.000032: Section 6(1) dental technician: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners
p.000032: Competence Assurance Act 2003 (2003 No 48).
p.000032: Section 6(1) dentist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence
p.000032: Assurance Act 2003 (2003 No 48).
p.000032: Section 6(1) earner paragraph (b): amended, on 5 December 2017, by section 30 of the Compensa- tion for Live Organ
p.000032: Donors Act 2016 (2016 No 96).
p.000032: Section 6(1) Earners’ Account Residual levy: repealed, on 3 March 2010, by section 6(1) of the Accident Compensation
...
p.000043: (ii) has the purpose of the exploration of the continental shelf or the exploitation of the mineral or other
p.000043: natural non-living resources of the continental shelf.
p.000043: (2) In subsection (1)(e),—
p.000043: (a) continental shelf has the meaning given to it in section 2(1) of the Con- tinental Shelf Act 1964:
p.000043: (b) installation and drilling rig include—
p.000043: (i) any installation or drilling rig, whether permanent or temporary:
p.000043: (ii) any aircraft, floating platform, ship, or other device that is for the time being in, on, or above the
p.000043: continental shelf and is being used in connection with any installation or drilling rig.
p.000043: (3) A person remains in New Zealand when he or she—
p.000043: (a) embarks in New Zealand on an aircraft or ship or some other means of conveyance by air or sea—
p.000043: (i) to travel from one place in New Zealand to another place in New Zealand; or
p.000043: (ii) to return to his or her place of embarkation without disembarking at any other place; and
p.000043: (b) does not go beyond a limit of 300 nautical miles from any point or points in New Zealand.
p.000043: Compare: 1998 No 114 s 23
p.000043:
p.000043: 17 Ordinarily resident in New Zealand
p.000043: (1) A person is ordinarily resident in New Zealand if he or she—
p.000043: (a) has New Zealand as his or her permanent place of residence, whether or not he or she also has a place of
p.000043: residence outside New Zealand; and
p.000043: (b) is in one of the following categories:
p.000043: (i) a New Zealand citizen:
p.000043: (ii) a holder of a residence class visa granted under the Immigration Act 2009:
p.000043: (iii) a person who is a spouse or a partner, child, or other dependant of any person referred to in subparagraph (i)
p.000043: or (ii), and who gener- ally accompanies the person referred to in the subparagraph.
p.000043: (2) A person does not have a permanent place of residence in New Zealand if he or she has been and remains absent
p.000043: from New Zealand for more than 6 months or
p.000043:
p.000043:
p.000043:
p.000044: 44
p.000044:
p.000044:
p.000044: Reprinted as at
p.000044: 1 April 2019 Accident Compensation Act 2001
p.000044: Part 1 s 18
p.000044:
p.000044: intends to be absent from New Zealand for more than 6 months. This subsec- tion overrides subsection (3) but is subject
p.000044: to subsection (4).
p.000044: (3) A person has a permanent place of residence in New Zealand if he or she, although absent from
p.000044: New Zealand, has been personally present in New Zea- land for a period or periods exceeding in the aggregate
p.000044: 183 days in the 12- month period immediately before last becoming absent from New Zealand. (A person personally
p.000044: present in New Zealand for part of a day is treated as being personally present in New Zealand for the whole of that
p.000044: day.)
p.000044: (4) A person does not cease to have a permanent place of residence in New Zea- land because he or she is
p.000044: absent from New Zealand primarily in connection with the duties of his or her employment, the remuneration for
p.000044: which is treated as income derived in New Zealand for New Zealand income tax purposes, or for 6 months following
p.000044: the completion of the period of employment outside New Zealand, so long as he or she intends to resume a place
p.000044: of residence in New Zealand.
p.000044: (5) A person is not ordinarily resident in New Zealand if he or she is in New Zea- land unlawfully within the
...
p.000060: treatment.
p.000060: (3) The fact that the treatment did not achieve a desired result does not, of itself, constitute treatment injury.
p.000060: (4) Treatment injury includes personal injury suffered by a person as a result of treatment given as part of a
p.000060: clinical trial, in the circumstances described in sub- section (5) or subsection (6).
p.000060: (5) One of the circumstances referred to in subsection (4) is where the claimant did not agree, in writing, to
p.000060: participate in the trial.
p.000060: (6) The other circumstance referred to in subsection (4) is where—
p.000060: (a) an ethics committee—
p.000060: (i) approved the trial; and
p.000060:
p.000060:
p.000060:
p.000060:
p.000061: 61
p.000061:
p.000061:
p.000061:
p.000061:
p.000061: Part 2 s 33 Accident Compensation Act 2001
p.000061: Reprinted as at 1 April 2019
p.000061:
p.000061: (ii) was satisfied that the trial was not to be conducted principally for the benefit of the manufacturer or
p.000061: distributor of the medicine or item being trialled; and
p.000061: (b) the ethics committee was approved by the Health Research Council of New Zealand or the Director-General
p.000061: of Health at the time it gave its approval.
p.000061: (7) If a person (person A) suffers an infection that is a treatment injury, cover for that personal injury extends
p.000061: to—
p.000061: (a) person A’s spouse or partner, if person A has passed the infection on directly to the spouse or
p.000061: partner:
p.000061: (b) person A’s child, if person A has passed the infection on directly to the child:
p.000061: (c) any other third party, if person A has passed the infection on directly to that third party:
p.000061: (d) person A’s child or any other third party, if—
p.000061: (i) person A has passed the infection directly to his or her spouse or partner; and
p.000061: (ii) person A’s spouse or partner has then passed the infection directly to the child or third party.
p.000061: Section 32: substituted, on 1 July 2005, by section 13 of the Injury Prevention, Rehabilitation, and Compensation
p.000061: Amendment Act (No 2) 2005 (2005 No 45).
p.000061:
p.000061: 33 Treatment
p.000061: (1) For the purposes of determining whether a treatment injury has occurred, or when that injury
p.000061: occurred, treatment includes—
p.000061: (a) the giving of treatment:
p.000061: (b) a diagnosis of a person’s medical condition:
p.000061: (c) a decision on the treatment to be provided (including a decision not to provide treatment):
p.000061: (d) a failure to provide treatment, or to provide treatment in a timely man- ner:
p.000061: (e) obtaining, or failing to obtain, a person’s consent to undergo treatment, including any information provided
p.000061: to the person (or other person legally entitled to consent on their behalf if the person does not have legal cap-
p.000061: acity) to enable the person to make an informed decision on whether to accept treatment:
p.000061: (f) the provision of prophylaxis:
p.000061: (g) the failure of any equipment, device, or tool used as part of the treatment process, including the failure of
p.000061: any implant or prosthesis (except where the failure of the implant or prosthesis is caused by an intervening act or
p.000061:
p.000061:
p.000062: 62
p.000062:
p.000062:
p.000062: Reprinted as at
p.000062: 1 April 2019 Accident Compensation Act 2001
p.000062: Part 2 s 34
p.000062:
p.000062: by fair wear and tear), whether at the time of giving treatment or subse- quently:
...
p.000075: Act.
p.000075: (3) However, the Corporation may, at its own discretion, provide an entitlement or a payment to a claimant if it
p.000075: is satisfied that—
p.000075: (a) the entitlement or payment could be provided but for a requirement in section 127(4) or section 129 or section
p.000075: 379(2), or in any of clauses 4, 13, 15, 17, 19(3)(e), 19(3)(i), 19(3)(j), 22(1), 22(2)(b), 22(2)(c),
p.000075: 22(2)(e), or 22(2)(f) of Schedule 1; and
p.000075: (b) the provision of the entitlement or payment would be consistent with the purpose of this Act.
p.000075: (4) The exercise of a discretion under subsection (3) is subject to section 134(1A).
p.000075: Section 68: substituted, on 1 July 2005, by section 20(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000075: Amendment Act (No 2) 2005 (2005 No 45).
p.000075:
p.000075: 69 Entitlements provided under this Act
p.000075: (1) The entitlements provided under this Act are—
p.000075: (a) rehabilitation, comprising treatment, social rehabilitation, and vocational rehabilitation:
p.000075: (b) first week compensation:
p.000075:
p.000075:
p.000076: 76
p.000076:
p.000076:
p.000076: Reprinted as at
p.000076: 1 April 2019 Accident Compensation Act 2001
p.000076: Part 4 s 72
p.000076:
p.000076: (c) weekly compensation:
p.000076: (d) lump sum compensation for permanent impairment:
p.000076: (e) funeral grants, survivors’ grants, weekly compensation for the spouse or partner, children and other
p.000076: dependants of a deceased claimant, and child care payments.
p.000076: (2) The entitlements provided under this Act also include the entitlements referred to in Parts 10 and 11.
p.000076: Section 69(1)(e): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilita- tion, and
p.000076: Compensation Amendment Act 2005 (2005 No 12).
p.000076:
p.000076: 70 Claimant’s and Corporation’s obligations in relation to rehabilitation
p.000076: A claimant who has suffered personal injury for which he or she has cover—
p.000076: (a) is entitled to be provided by the Corporation with rehabilitation, to the extent provided by this Act, to
p.000076: assist in restoring the claimant’s health, independence, and participation to the maximum extent practicable; but
p.000076: (b) is responsible for his or her own rehabilitation to the extent practicable having regard to the consequences
p.000076: of his or her personal injury.
p.000076: Compare: 1998 No 114 Schedule 1 cl 28
p.000076:
p.000076: 71 Employer’s obligations in relation to rehabilitation
p.000076: (1) This section applies to an employer if—
p.000076: (a) the Corporation decides, under section 86(2)(a), that it is reasonably practicable to return the
p.000076: claimant to the same employment in which the claimant was engaged, and with the employer who was employing the
p.000076: claimant, when the claimant’s incapacity commenced; and
p.000076: (b) the Corporation gives the employer notice, in writing, of the decision.
p.000076: (2) The employer must take all practicable steps to assist the claimant with the claimant’s
p.000076: vocational rehabilitation under his or her individual rehabilitation plan.
p.000076:
p.000076: Responsibilities of claimant
p.000076: 72 Responsibilities of claimant who receives entitlement
...
p.000079: the claimant’s needs are solely related to maintaining employment.
p.000079: Compare: 1998 No 114 Schedule 1 cl 31
p.000079:
p.000079: 78 Individual rehabilitation plan must be updated
p.000079: An individual rehabilitation plan must be updated from time to time to reflect the outcome of assessments done and
p.000079: progress made under the plan.
p.000079:
p.000079:
p.000080: 80
p.000080:
p.000080:
p.000080: Reprinted as at
p.000080: 1 April 2019 Accident Compensation Act 2001
p.000080: Part 4 s 81
p.000080:
p.000080: 79 Purpose of social rehabilitation
p.000080: The purpose of social rehabilitation is to assist in restoring a claimant’s inde- pendence to the maximum extent
p.000080: practicable.
p.000080: Compare: 1998 No 114 Schedule 1 cl 38
p.000080:
p.000080: 80 Purpose of vocational rehabilitation
p.000080: (1) The purpose of vocational rehabilitation is to help a claimant to, as appropri- ate,—
p.000080: (a) maintain employment; or
p.000080: (b) obtain employment; or
p.000080: (c) regain or acquire vocational independence.
p.000080: (2) Without limiting subsection (1), the provision of vocational rehabilitation includes the provision of
p.000080: activities for the purpose of maintaining or obtaining employment that is—
p.000080: (a) suitable for the claimant; and
p.000080: (b) appropriate for the claimant’s levels of training and experience.
p.000080: Compare: 1998 No 114 Schedule 1 cl 54
p.000080:
p.000080: Social rehabilitation
p.000080: 81 Corporation’s liability to provide key aspects of social rehabilitation
p.000080: (1) In this section, key aspect of social rehabilitation means any of the following:
p.000080: (a) aids and appliances:
p.000080: (b) attendant care:
p.000080: (c) child care:
p.000080: (d) education support:
p.000080: (e) home help:
p.000080: (f) modifications to the home:
p.000080: (g) training for independence:
p.000080: (h) transport for independence.
p.000080: (2) Terms in subsection (1)(a), (b), and (d) to (h) have the same meaning as in clause 12 of
p.000080: Schedule 1.
p.000080: (3) The Corporation is liable to provide a key aspect of social rehabilitation to a claimant—
p.000080: (a) if the conditions in subsection (4) are met; but
p.000080: (b) not earlier than a date determined in accordance with section 83.
p.000080: (4) The conditions are—
p.000080:
p.000080:
p.000080:
p.000080:
p.000081: 81
p.000081:
p.000081:
p.000081:
p.000081:
p.000081: Part 4 s 82 Accident Compensation Act 2001
p.000081: Reprinted as at 1 April 2019
p.000081:
p.000081: (a) a claimant is assessed or reassessed under section 84 as needing the key aspect; and
p.000081: (b) the provision of the key aspect is in accordance with the Corporation’s assessment of it under whichever of
p.000081: clauses 13 to 22 of Schedule 1 are relevant; and
p.000081: (c) the Corporation considers that the key aspect—
p.000081: (i) is required as a direct consequence of the personal injury for which the claimant has cover; and
p.000081: (ii) is for the purpose set out in section 79; and
p.000081: (iii) is necessary and appropriate, and of the quality required, for that purpose; and
p.000081: (iv) is of a type normally provided by a rehabilitation provider; and
...
p.000098: Section 114A: inserted, on 1 January 2018, by section 29 of the Interest on Money Claims Act 2016 (2016 No 51).
p.000098:
p.000098:
p.000099: 99
p.000099:
p.000099:
p.000099:
p.000099:
p.000099: Part 4 s 115 Accident Compensation Act 2001
p.000099: Reprinted as at 1 April 2019
p.000099:
p.000099: Indexation of weekly compensation and related amounts
p.000099: 115 Indexation of weekly compensation and related amounts
p.000099: (1) The Corporation must adjust the following amounts in the manner specified in subsection (2):
p.000099: (a) the amount of weekly compensation, but not weekly compensation based on minimum weekly earnings as
p.000099: determined under clause 42(3) of Schedule 1:
p.000099: (b) the weekly amounts specified in clauses 46 and 51 of Schedule 1.
p.000099: (2) Any adjustments required by subsection (1)—
p.000099: (a) must be in accordance with a prescribed formula or prescribed formulas relating to movements in average weekly
p.000099: earnings; and
p.000099: (b) have effect from the prescribed date or dates; and
p.000099: (c) must be published by the Corporation in such manner as it thinks appro- priate to bring the adjustments
p.000099: to the attention of claimants and the general public.
p.000099: (3) The Corporation is not required to adjust any amount under subsection (1) if—
p.000099: (a) the prescribed formula specifies a minimum movement in the average weekly earnings; and
p.000099: (b) the movement in the average weekly earnings is less than the minimum movement specified.
p.000099: Compare: 1998 No 114 s 102
p.000099:
p.000099: Indexation of other entitlements
p.000099: 116 Indexation of lump sum compensation, funeral grant, survivor’s grant, and child care payments
p.000099: (1) The Corporation must adjust the amounts specified in clauses 56, 64, 65, and 76 of Schedule 1 in the manner
p.000099: specified in subsection (2).
p.000099: (2) Any adjustments required by subsection (1) must—
p.000099: (a) be in accordance with a prescribed formula or prescribed formulas relat- ing to movements in the Consumer
p.000099: Price Index; and
p.000099: (b) have effect from the prescribed date or dates; and
p.000099: (c) must be published by the Corporation in such manner as it thinks appro- priate to bring the adjustments
p.000099: to the attention of claimants and the general public.
p.000099: (3) The Corporation is not required to adjust any amount under subsection (1) if—
p.000099: (a) the prescribed formula specifies a minimum movement in the Consumer Price Index; and
p.000099:
p.000099:
p.000099:
p.000100: 100
p.000100:
p.000100:
p.000100: Reprinted as at
p.000100: 1 April 2019 Accident Compensation Act 2001
p.000100: Part 4 s 117
p.000100:
p.000100: (b) the movement in the Consumer Price Index is less than the minimum movement specified.
p.000100: Compare: 1998 No 114 s 103
p.000100:
p.000100: Powers of Corporation
p.000100: 117 Corporation may suspend, cancel, or decline entitlements
p.000100: (1) The Corporation may suspend or cancel an entitlement if it is not satisfied, on the basis of the information
p.000100: in its possession, that a claimant is entitled to con- tinue to receive the entitlement.
p.000100: (2) The Corporation must give the claimant written notice of the proposed suspen- sion or cancellation within
p.000100: a reasonable period before the proposed starting date.
p.000100: (3) The Corporation may decline to provide any entitlement for as long as the claimant unreasonably
...
p.000103: Section 121(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
p.000103: Section 121(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000103: Amendment Act (No 2) 2005 (2005 No 45).
p.000103: Section 121(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
p.000103: Section 121(3): substituted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004
p.000103: No 50).
p.000103:
p.000103: 122 Disentitlement for certain imprisoned offenders
p.000103: (1) The Corporation must not provide any entitlements under Schedule 1 to a claimant if—
p.000103: (a) the claimant suffers a personal injury in the course of committing an offence; and
p.000103: (b) the offence is punishable by a maximum term of imprisonment of 2 years or more; and
p.000103: (c) the claimant is sentenced to imprisonment or home detention for com- mitting the offence; and
p.000103: (d) the Corporation would, but for this section, be liable to provide entitle- ments to the claimant for the
p.000103: personal injury.
p.000103: (2) In addition, the Corporation must not provide any entitlements under Schedule 1 to the following persons if
p.000103: the Corporation would, but for subsection (1), be liable to provide entitlements to any of them in relation to a
p.000103: deceased claim- ant’s personal injury:
p.000103:
p.000104: 104
p.000104:
p.000104:
p.000104: Reprinted as at
p.000104: 1 April 2019 Accident Compensation Act 2001
p.000104: Part 4 s 123
p.000104:
p.000104: (a) the surviving spouse or partner of the deceased claimant:
p.000104: (b) any child of the deceased claimant:
p.000104: (c) any other dependant of the deceased claimant.
p.000104: (3) However, subsection (1) does not excuse the Corporation from liability to pro- vide the claimant with
p.000104: entitlements for—
p.000104: (a) treatment; and
p.000104: (b) any ancillary service related to treatment referred to in clause 3(1) of Schedule 1.
p.000104: (4) Despite subsection (3), the Corporation must not provide any entitlement for surgery unless the
p.000104: surgery is required to restore the claimant’s function to enable him or her to return to work.
p.000104: Section 122: substituted, on 1 July 2010, by section 13 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000104:
p.000104: 122A Exemption from section 122(1)
p.000104: (1) The Minister may exempt a claimant from section 122(1) if the Minister is satisfied that there are
p.000104: exceptional circumstances relating to the claimant.
p.000104: (2) Nothing in this section gives a claimant the right to apply for an exemption under subsection
p.000104: (1).
p.000104: Section 122A: inserted, on 1 July 2010, by section 13 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000104:
p.000104: General provisions
p.000104: 123 Entitlements inalienable
p.000104: (1) All entitlements are absolutely inalienable, whether by way of, or in accord- ance with, a sale,
p.000104: assignment, charge, execution, bankruptcy, or otherwise.
p.000104: (2) This section does not affect—
p.000104: (a) any right of the Corporation to recover any amounts under this Act or to make any deductions authorised by
p.000104: this Act from any entitlements that the Corporation is liable to provide; or
p.000104: (b) an independence allowance that is assigned for a period of not more than 5 years to—
p.000104: (i) an insurer; or
p.000104: (ii) [Repealed]
p.000104: (iii) the Corporation, if the Corporation is liable to provide the allow- ance and the Corporation agrees to the
p.000104: assignment; or
p.000104: (c) sections 4 and 5 of the Maori Housing Act 1935; or
p.000104: (d) sections 154 to 161 of the District Court Act 2016; or
p.000104:
p.000104:
p.000104:
p.000105: 105
p.000105:
p.000105:
p.000105:
p.000105:
p.000105: Part 4 s 124 Accident Compensation Act 2001
p.000105: Reprinted as at 1 April 2019
p.000105:
p.000105: (e) sections 87(2)(b), 88AE(1)(a), 103, 104, 105, 106, 106A, and 106B of
p.000105: the Summary Proceedings Act 1957; or
p.000105: (f) section 27Y of the Social Security Act 1964 (as saved by section 256(1) of the Child Support Act 1991) or
p.000105: regulations made under section 444 of the Social Security Act 2018; or
p.000105: (g) sections 105, 110, 118, and 121 of the Family Proceedings Act 1980 (as saved by section 259(1) of the Child
p.000105: Support Act 1991); or
p.000105: (h) the Child Support Act 1991; or
p.000105: (i) subparts 1, 2, and 5 of Part 2 or section 193 of the Student Loan Scheme Act 2011; or
p.000105: (ia) subpart 1 of Part 3 of the KiwiSaver Act 2006; or
p.000105: (j) section 157 of the Tax Administration Act 1994; or
p.000105: (k) section 41B of the Legal Services Act 2011.
p.000105: Compare: 1998 No 114 s 124
p.000105: Section 123(2)(b)(ii): repealed, on 1 February 2011, by section 241(2) of the Insurance (Prudential Supervision) Act
p.000105: 2010 (2010 No 111).
p.000105: Section 123(2)(d): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
p.000105: Section 123(2)(e): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act
p.000105: 2011 (2011 No 32).
p.000105: Section 123(2)(f): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
p.000105: Section 123(2)(i): replaced, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).
p.000105: Section 123(2)(i): amended (with effect on 1 April 2012), on 30 March 2013, by section 45 of the Student Loan Scheme
p.000105: Amendment Act 2013 (2013 No 10).
p.000105: Section 123(2)(ia): inserted, on 1 December 2006, by section 231 of the KiwiSaver Act 2006 (2006
p.000105: No 40).
p.000105: Section 123(2)(j): amended, on 2 September 2013, by section 4 of the Accident Compensation Amendment Act
p.000105: 2013 (2013 No 44).
p.000105: Section 123(2)(k): inserted, on 2 September 2013, by section 4 of the Accident Compensation Amendment Act
p.000105: 2013 (2013 No 44).
p.000105:
p.000105: 124 Entitlements to be provided to claimant only
p.000105: (1) The Corporation must provide entitlements only to the claimant to whom the Corporation is liable to provide
p.000105: the entitlements.
p.000105: (2) Subsection (1) does not apply—
p.000105: (a) to payments made by the Corporation directly to a person for providing entitlements to the claimant; or
p.000105: (b) to payments authorised by regulations to be made to any other person; or
p.000105: (c) to payments made under section 125 or section 126.
p.000105: Compare: 1998 No 114 s 125
p.000105:
p.000105:
p.000106: 106
p.000106:
p.000106:
p.000106: Reprinted as at
p.000106: 1 April 2019 Accident Compensation Act 2001
p.000106: Part 4 s 127
p.000106:
p.000106: 125 Corporation to pay amount for child to caregiver or financially responsible person
p.000106: (1) This section applies if an entitlement (other than weekly compensation payable under clause 32 of Schedule 1)
p.000106: provided to a claimant who is not yet 16 years old is solely a payment of money.
p.000106: (2) The Corporation must make the payment—
p.000106: (a) to a person who is caring for the claimant; or
p.000106: (b) if the Corporation considers that it would not be appropriate to make the payment to such a person, to another
p.000106: person or to trustees who, in either case, the Corporation considers will apply the payment as required by
p.000106: subsection (3).
p.000106: (3) A person to whom a payment is made under subsection (2) must apply it for the maintenance, education,
p.000106: advancement, or benefit of the claimant.
p.000106: (4) The Corporation is not under an obligation to see to the application of any money paid under this
p.000106: section, and is not liable to the claimant in respect of any such payment.
p.000106: Compare: 1998 No 114 s 126
p.000106:
p.000106: 126 Corporation to pay amount to claimant’s estate
p.000106: (1) This section applies to any entitlement (other than lump sum compensation under Part 3 of Schedule
p.000106: 1) that is a payment that the Corporation—
p.000106: (a) is liable to make to a claimant, but that has accrued and is unpaid at the date of the claimant’s death; or
p.000106: (b) would have been liable to make to the claimant, if he or she had lodged a claim for it.
p.000106: (2) The Corporation is liable to pay any amount to which this section applies to the claimant’s estate if the
p.000106: estate applies for it within 3 years after the date of the claimant’s death.
p.000106: Compare: 1998 No 114 s 127
p.000106:
...
p.000248: On or after 1 April 2002, a funeral grant is payable under clause 64 of Schedule 1 if—
p.000248: (a) a person died before that date as a result of personal injury covered by the former Acts; and
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000249: 249
p.000249:
p.000249:
p.000249:
p.000249:
p.000249: Part 11 s 382 Accident Compensation Act 2001
p.000249: Reprinted as at 1 April 2019
p.000249:
p.000249: (b) the Corporation has not paid a grant for funeral expenses before that date.
p.000249: Compare: 1998 No 114 s 443
p.000249:
p.000249: 382 Survivor’s grant to surviving spouses or partners, children, and other dependants for death before 1 April 2002
p.000249: (1) On or after 1 April 2002, a survivor’s grant is payable under clause 65 of Schedule 1 if—
p.000249: (a) a person died on or after 1 July 1992 and before 1 April 2002 as a result of personal injury covered by the
p.000249: Accident Rehabilitation and Compen- sation Insurance Act 1992 or the Accident Insurance Act 1998; and
p.000249: (b) a survivor of that person is entitled to be paid a survivor’s grant before 1 April 2002; and
p.000249: (c) the Corporation has not paid a survivor’s grant to that survivor before 1 April 2002.
p.000249: (2) If a person died before 1 July 1992 as a result of personal injury by accident within the meaning of the
p.000249: Accident Compensation Act 1982, section 82 of that Act, and the provisions of that Act on dependency, as they relate to
p.000249: lump sums payable under that section, apply to any spouse or partner, child, or other dependants of the
p.000249: deceased person.
p.000249: Compare: 1998 No 114 s 444
p.000249: Section 382 heading: amended, on 26 April 2005, by section 8(2) of the Injury Prevention, Rehabili- tation, and
p.000249: Compensation Amendment Act 2005 (2005 No 12).
p.000249: Section 382(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000249: Amendment Act 2005 (2005 No 12).
p.000249:
p.000249: 383 Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance
p.000249: Act 1998
p.000249: (1) This section applies if, immediately before 1 April 2002, any spouse or partner, child, or other dependant
p.000249: of a deceased person was entitled to compensation under section 445(1) and (2) or clauses 67 to 75 of Schedule 1
p.000249: of the Accident Insurance Act 1998.
p.000249: (2) The compensation continues to be payable and to be paid as if it had been cal- culated under Part 4 of
p.000249: Schedule 1.
p.000249: (3) Compensation payable to a surviving spouse or partner ceases on the date it would cease if clauses
p.000249: 66 to 69 of Schedule 1 applied to the spouse or partner.
p.000249: (4) Compensation payable to a child ceases on the date it would cease if clause 70 of Schedule 1 applied to the
p.000249: child.
p.000249: (5) Compensation payable to any other dependant ceases on the date it would cease if clauses 71 to 73
p.000249: of Schedule 1 applied to the dependant.
p.000249: Compare: 1998 No 114 s 445
p.000249:
p.000249:
p.000249:
p.000250: 250
p.000250:
p.000250:
p.000250: Reprinted as at
p.000250: 1 April 2019 Accident Compensation Act 2001
p.000250: Part 11 s 384
p.000250:
p.000250: Section 383 heading: amended, on 26 April 2005, by section 8(2) of the Injury Prevention, Rehabili- tation, and
p.000250: Compensation Amendment Act 2005 (2005 No 12).
p.000250: Section 383(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000250: Amendment Act 2005 (2005 No 12).
p.000250: Section 383(3): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000250: Amendment Act 2005 (2005 No 12).
p.000250:
p.000250: 384 Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts
p.000250: (1) Section 446 of the Accident Insurance Act 1998 continues to apply in respect of the spouse or de facto
p.000250: partner of a deceased person who was entitled to receive, immediately before 1 April 2002, compensation under
p.000250: that section.
p.000250: (1A) However, despite subsection (1), the spouse or de facto partner may choose to convert the entitlement to
p.000250: compensation under section 446 of the Accident Insurance Act 1998 to 1 or more aggregated payments and, in those
p.000250: circum- stances, clause 67 of Schedule 1 applies as if the entitlement to compensation were an entitlement to weekly
p.000250: compensation under clause 66 of Schedule 1.
p.000250: (2) For the purposes of subsection (1), section 446 continues to apply as if subsec- tion (3) of that section
p.000250: provided as follows:
p.000250: (3) The compensation ceases on the earlier of the following dates:
p.000250: (a) the date on which the youngest child of the claimant of whom the sur- viving spouse had care turns 18 years:
p.000250: (b) the date on which the surviving spouse ceases to have the care of all children of the claimant
p.000250: who were in the surviving spouse’s care.
p.000250: (2A) For the purposes of subsection (1), section 446 continues to apply as if subsec- tion (4) of that section
p.000250: provided as follows:
p.000250: (4) The compensation does not cease if, when compensation would otherwise cease under subsection (3), the
p.000250: spouse—
p.000250: (a) is 45 years or older; or
p.000250: (b) would have been entitled to continue to receive compensation under sec- tion 123 of the Accident
p.000250: Compensation Act 1972 or section 65 of the Accident Compensation Act 1982.
p.000250: (3) For the purposes of subsection (1), section 446 continues to apply as if, after subsection (5), the following
p.000250: subsection were inserted:
p.000250: (5A) However, a surviving spouse who enters into a relationship in the nature of marriage before 1 July
p.000250: 1999 is to be treated as if he or she had entered into the relationship on 1 July 1999.
p.000250: Compare: 1998 No 114 s 446(1), (2)
p.000250: Section 384 heading: amended, on 26 April 2005, by section 6(1) of the Injury Prevention, Rehabili- tation, and
p.000250: Compensation Amendment Act 2005 (2005 No 12).
p.000250: Section 384(1): amended, on 26 April 2005, by section 6(2) of the Injury Prevention, Rehabilitation, and Compensation
p.000250: Amendment Act 2005 (2005 No 12).
p.000250:
p.000250:
p.000251: 251
p.000251:
p.000251:
p.000251:
p.000251:
p.000251: Part 11 s 385 Accident Compensation Act 2001
p.000251: Reprinted as at 1 April 2019
p.000251:
p.000251: Section 384(1A): inserted, on 1 August 2008, by section 32 of the Injury Prevention, Rehabilitation, and Compensation
p.000251: Amendment Act 2008 (2008 No 46).
p.000251: Section 384(2A): inserted, on 22 October 2003, by section 9 of the Injury Prevention, Rehabilitation, and Compensation
p.000251: Amendment Act (No 2) 2003 (2003 No 80).
p.000251:
p.000251: 385 Compensation payable to children and other dependants under 1972 and 1982 Acts
p.000251: Section 447 of the Accident Insurance Act 1998 continues to apply in respect of a child or any other dependant
p.000251: of a deceased person who was entitled to receive, immediately before 1 April 2002, compensation under that
p.000251: section.
p.000251: Compare: 1998 No 114 s 447(1), (2)
p.000251:
p.000251: 386 Child care payments for children of deceased persons
p.000251: (1) A person who, at the close of 31 March 2002, was entitled, because of section 448 of the Accident Insurance
p.000251: Act 1998, to receive compensation under clause 76 of Schedule 1 of that Act, continues to be entitled to
p.000251: receive it after that date.
p.000251: (2) However, the person’s entitlement after that date is to be determined in accord- ance with Schedule 1.
p.000251: Compare: 1998 No 114 s 448
p.000251:
p.000251: 387 Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased
p.000251: person
p.000251: (1) This section applies if,—
p.000251: (a) immediately before 1 July 1992, a person (person A) was receiving compensation for child care that
p.000251: another person (person B), who subse- quently died, had been providing on a regular basis for a family or
p.000251: household of which person B was a member; and
p.000251: (b) the compensation was payable under section 121 of the Accident Com- pensation Act 1972 or section 80 of
p.000251: the Accident Compensation Act 1982; and
p.000251: (c) the compensation was payable because of section 149(7) of the Accident Rehabilitation and Compensation
p.000251: Insurance Act 1992.
p.000251: (2) The sections referred to in subsection (1)(b) (as applied by section 449 of the Accident Insurance Act 1998)—
p.000251: (a) continue to apply to person A and to his or her entitlement to child care, but not other loss of quantifiable
p.000251: service; and
p.000251: (b) may be used from time to time to reassess person A’s entitlement to child care.
p.000251: (3) Person A—
p.000251: (a) is not entitled to receive a payment for child care under clause 76 of Schedule 1; but
p.000251:
p.000251:
p.000252: 252
p.000252:
p.000252:
p.000252: Reprinted as at
p.000252: 1 April 2019 Accident Compensation Act 2001
p.000252: Part 11 s 389
p.000252:
p.000252: (b) is entitled, not more than once in any 12-month period, to elect to be assessed for entitlement
p.000252: to a payment for child care under clause 76 of Schedule 1.
p.000252: (4) A person who has had an assessment under subsection (3)(b) may irrevocably elect to have his or her
p.000252: entitlement to a payment for child care determined from then on under clause 76 of Schedule 1, in which case subsection
p.000252: (3) no longer applies to him or her.
p.000252: (5) A person was receiving compensation immediately before 1 July 1992 if he or she was entitled to do so because
p.000252: of a decision on review or appeal given on or after that date on an application for review made before 1 October 1992.
p.000252: Compare: 1998 No 114 s 449
p.000252: Section 387(1)(c): amended, on 22 October 2003, by section 10 of the Injury Prevention, Rehabilita- tion, and
p.000252: Compensation Amendment Act (No 2) 2003 (2003 No 80).
p.000252:
p.000252: 388 Indexation of certain entitlements payable under former Acts
p.000252: (1) Sections 115 and 116 apply (for indexation required after 1 April 2002) to any- thing in any of the
p.000252: former Acts to which an equivalent is listed in either of those sections.
p.000252: (2) If an amount has been adjusted under any of sections 115 and 116, the Corpor- ation must use the adjusted
p.000252: amount in any calculation in which it is relevant.
p.000252: (3) However, the Corporation must adjust the amounts payable under sections 377 and 378 in the manner specified in
p.000252: subsection (4).
p.000252: (4) An adjustment required by subsection (3)—
p.000252: (a) must be in accordance with a prescribed formula or prescribed formulas relating to movements in the Consumer
p.000252: Price Index; and
p.000252: (b) has effect on and from the prescribed date or dates.
p.000252: Compare: 1998 No 114 s 460
p.000252:
p.000252: Disentitlements
p.000252: 389 Disentitling sections apply
p.000252: (1) Sections 118 to 122 apply to persons to whom sections 364 to 376 and 380 to 387 apply.
p.000252: (2) Sections 117 to 123 of the Accident Insurance Act 1998 continue to apply to the payment of an independence
p.000252: allowance.
...
p.000260: Schedule 1
p.000260:
p.000260:
p.000260: Schedule 1 Entitlements
p.000260:
p.000260:
p.000260:
p.000260: ss 6, 67
p.000260:
p.000260:
p.000260: Contents
p.000260:
p.000260: Part 1 Rehabilitation
p.000260: Treatment
p.000260:
p.000260: Page
p.000260: 1 Corporation’s liability to pay or contribute to cost of treatment 265
p.000260: 2 When Corporation is liable to pay cost of treatment 265
p.000260:
p.000260: 3 When Corporation is liable to pay or contribute to cost of ancillary services related to treatment
p.000260: 4 Corporation’s prior agreement to treatment required, except in certain cases
p.000260: 5 Corporation may require claimant to supply information about treatment
p.000266: 266
p.000266:
p.000266: 266
p.000266:
p.000267: 267
p.000267: 6 When Corporation must not decline to pay cost of treatment 267
p.000267: Individual rehabilitation plans
p.000267: 7 Preparation of individual rehabilitation plan 268
p.000267: 8 Agreement to plan
p.000269: 269
p.000269: 9 Disputes about plan
p.000269: 269
p.000269: 10 Corporation and claimant may agree to modify plan 269
p.000269: Ancillary services related to rehabilitation
p.000269:
p.000269: 11 When Corporation is liable to pay or contribute to cost of ancillary services related to rehabilitation
p.000269: Social rehabilitation
p.000269: 269
p.000269: 12 Definitions
p.000270: 270
p.000270: 13 Aids and appliances
p.000273: 273
p.000273: 14 Attendant care
p.000274: 274
p.000274: 15 Child care
p.000274: 274
p.000274: 16 Education support
p.000275: 275
p.000275: 17 Home help
p.000276: 276
p.000276:
p.000276: 18 Modifications to home: matters to which Corporation must have regard
p.000277: 277
p.000277: 19 Modifications to home: rights and responsibilities 278
p.000277: 20 Training for independence 279
p.000277:
p.000277: 21 Transport for independence: matters to which Corporation must have regard
p.000279: 279
p.000279: 22 Transport for independence: rights and responsibilities 280
p.000261: 261
p.000261:
p.000261: Schedule 1 Accident Compensation Act 2001
p.000261: Reprinted as at 1 April 2019
p.000261:
p.000261: 23 Corporation not liable to ensure claimant pays rehabilitation provider
p.000282: 282
p.000282: Vocational rehabilitation
p.000282: 24 Occupational assessor 282
p.000282: 25 Conduct of occupational assessment 282
p.000282: 26 Report on occupational assessment 282
p.000282: 27 Medical assessor
p.000283: 283
p.000283: 28 Conduct of medical assessment 283
p.000283: 29 Report on medical assessment 284
...
p.000306:
p.000306: 55A Certain persons may elect to receive either lump sum compensation or independence allowance: assessment,
p.000306: notification, and election
p.000306: 55B Certain persons may elect to receive either lump sum compensation or independence allowance: persons not
p.000306: entitled to make election under clause 55A
p.000306: 55C Certain persons may elect to receive either lump sum compensation or independence allowance: reassessment,
p.000306: notification, and further election
p.000306: 55D Certain persons may elect to receive either lump sum compensation or independence allowance: general
p.000309: 309
p.000309:
p.000309:
p.000310: 310
p.000310:
p.000310:
p.000310: 310
p.000310:
p.000310:
p.000311: 311
p.000311: 56 Amount of lump sum compensation for permanent impairment 312
p.000311:
p.000311: 57 Corporation not to assess entitlement until it receives medical certificate as to stability of claimant’s
p.000311: condition
p.000312: 312
p.000312: 58 Appointment of assessors 313
p.000312: 59 Assessment of entitlement to lump sum compensation 313
p.000312: 60 Payment of lump sum compensation for permanent impairment 314
p.000312: 61 Reassessment of entitlement to lump sum compensation 314
p.000312:
p.000312: 62 Payment of entitlement to lump sum compensation to deceased claimant’s estate
p.000315: 315
p.000315: Part 4
p.000315: Entitlements arising from fatal injuries
p.000315: 63 Child not born at date of claimant’s death 315
p.000315: 64 Funeral grant
p.000315: 315
p.000315: 65 Survivor’s grant
p.000316: 316
p.000316: 66 Weekly compensation for surviving spouse or partner 316
p.000316:
p.000316: 67 Surviving spouse or partner may choose to convert weekly compensation to aggregated payment or payments
p.000316: 68 Relationship between surviving spouse’s or partner’s weekly compensation and New Zealand superannuation
p.000317: 317
p.000318: 318
p.000318: 69 Election for purposes of clause 68 319
p.000318: 70 Weekly compensation for child 319
p.000318: 71 Weekly compensation for other dependants 320
p.000318:
p.000318: 72 Relationship between other dependant’s weekly compensation and New Zealand superannuation
p.000321: 321
p.000264: 264
p.000264:
p.000264: Reprinted as at
p.000264: 1 April 2019 Accident Compensation Act 2001
p.000264: Schedule 1
p.000264: 73 Election for purposes of clause 72 322
p.000264: 74 Maximum payments 322
p.000264:
p.000264: 75 Spouse or partner status or dependency arising after date of personal injury
p.000322: 322
p.000322: Child care payments
p.000322: 76 Child care payments for children of deceased claimant 323
p.000322: 77 Duration of child care payments 323
p.000322: 78 Child care payments made to caregiver 324
p.000322:
p.000322: Part 1 Rehabilitation
p.000322: Treatment
p.000322: 1 Corporation’s liability to pay or contribute to cost of treatment
p.000322: (1) The Corporation is liable to pay or contribute to the cost of the claimant’s treat- ment for personal injury
p.000322: for which the claimant has cover if clause 2 applies,—
p.000322: (a) to the extent required or permitted under an agreement or contract with any person for the provision of
p.000322: treatment; or
p.000322: (b) if no such agreement or contract applies, to the extent required or per- mitted by regulations made under this
p.000322: Act; or
p.000322: (c) if paragraphs (a) and (b) do not apply, the cost of the treatment.
p.000322: (2) In subclause (1)(c), cost means the cost—
p.000322: (a) that is appropriate in the circumstances; and
p.000322: (b) as agreed by the Corporation and the treatment provider.
p.000322: Compare: 1998 No 114 Schedule 1 cl 1
p.000322:
p.000322: 2 When Corporation is liable to pay cost of treatment
p.000322: (1) The Corporation is liable to pay the cost of the claimant’s treatment if the treat- ment is for the
p.000322: purpose of restoring the claimant’s health to the maximum extent practicable, and the treatment—
p.000322: (a) is necessary and appropriate, and of the quality required, for that pur- pose; and
p.000322: (b) has been, or will be, performed only on the number of occasions neces- sary for that purpose; and
p.000322: (c) has been, or will be, given at a time or place appropriate for that pur- pose; and
p.000322: (d) is of a type normally provided by a treatment provider; and
p.000322: (e) is provided by a treatment provider of a type who is qualified to provide that treatment and who normally
...
p.000268: (1) The Corporation is liable to pay or contribute to the cost of any service reason- ably required by the
p.000268: claimant as an ancillary service related to rehabilitation, such as accommodation, escort for transport, and transport,
p.000268: if the service facili- tates rehabilitation.
p.000268:
p.000268:
p.000269: 269
p.000269:
p.000269:
p.000269:
p.000269:
p.000269: Schedule 1 Accident Compensation Act 2001
p.000269: Reprinted as at 1 April 2019
p.000269:
p.000269: (2) The Corporation is liable to pay or contribute to the cost of accommodation and transport of a
p.000269: person other than the claimant if the presence and support of the person is necessary and appropriate to assist in
p.000269: achieving a rehabilitation outcome for the claimant.
p.000269: (3) This clause applies subject to any regulations made under this Act.
p.000269: Social rehabilitation
p.000269:
p.000269: 12 Definitions
p.000269: In clauses 13 to 23,—
p.000269: aid or appliance means any item likely to assist in restoring a claimant to inde- pendence
p.000269: attendant care—
p.000269: (a) means—
p.000269: (i) personal care; and
p.000269: (ii) assistance with cognitive tasks of daily living, such as communi- cation, orientation, planning, and task
p.000269: completion; and
p.000269: (iii) protection of the claimant from further injury in his or her ordin- ary environment; and
p.000269: (b) includes training a person to provide attendant care, if the Corporation agrees to fund the training; but
p.000269: (c) does not include child care, domestic activities, or home maintenance
p.000269: child—
p.000269: (a) means a child under 14 years; and
p.000269: (b) includes any other child, if the child needs child care because of his or her physical or mental condition
p.000269: communication means conveying and receiving information by using skills such as anger management,
p.000269: assertiveness, ability to concentrate, language, memory, numeracy, social awareness, social skills, speech
p.000269: production and development, and using communications technology
p.000269: domestic activities means cleaning, laundry, meal preparation, and associated shopping activities, in relation to the
p.000269: claimant’s home
p.000269: education support—
p.000269: (a) means the provision of support or assistance for a claimant to assist him or her to achieve independence in
p.000269: educational participation; and
p.000269: (b) includes resource preparation and planning assessed as necessary for the provision of that support or
p.000269: assistance
p.000269:
p.000269:
p.000269:
p.000269:
p.000269:
p.000270: 270
p.000270:
p.000270:
p.000270: Reprinted as at
p.000270: 1 April 2019 Accident Compensation Act 2001
p.000270: Schedule 1
p.000270:
p.000270: educational participation means participation within the claimant’s school day or period of attendance at an
p.000270: early childhood education service by a claim- ant who is—
p.000270: (a) entitled to free enrolment and free education under the Education Act 1989 and is—
...
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273:
p.000273: 14 Attendant care
p.000273: In deciding whether to provide or contribute to the cost of attendant care, the Corporation must have regard to—
p.000273: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000273: (b) the nature and extent of the claimant’s personal injury and the degree to which that injury impairs his or her
p.000273: ability to provide for his or her per- sonal care; and
p.000273: (c) the extent to which attendant care is necessary to enable the claimant to undertake or continue employment
p.000273: (including agreed vocational train- ing) or to attend a place of education, having regard to any entitlement the
p.000273: claimant has to education support; and
p.000273: (d) the extent to which household family members or other family members might reasonably be expected to provide
p.000273: attendant care for the claimant after the claimant’s personal injury; and
p.000273: (e) the extent to which attendant care is required to give household family members a break, from time to time,
p.000273: from providing attendant care for the claimant; and
p.000273: (f) the need to avoid substantial disruption to the employment or other activities of household family
p.000273: members.
p.000273: Compare: 1998 No 114 Schedule 1 cl 44
p.000273:
p.000273: 15 Child care
p.000273: (1) In deciding whether to provide or contribute to the cost of child care, the Cor- poration must have regard to—
p.000273:
p.000273:
p.000274: 274
p.000274:
p.000274:
p.000274: Reprinted as at
p.000274: 1 April 2019 Accident Compensation Act 2001
p.000274: Schedule 1
p.000274:
p.000274: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000274: (b) the number of the claimant’s children and their need for child care; and
p.000274: (c) the extent to which child care was provided by other household family members before the claimant’s personal
p.000274: injury; and
p.000274: (d) the extent to which other household family members or other family members might reasonably be
p.000274: expected to provide child care services after the claimant’s personal injury; and
p.000274: (e) the need to avoid substantial disruption to the employment or other activities of the household
p.000274: family members.
p.000274: (2) The Corporation is not required to provide child care under this clause if it pro- vides child care for the
p.000274: child under clause 76.
p.000274: (3) The Corporation is not required to provide child care for a child to the extent that the child is being
p.000274: provided with attendant care, education support, or train- ing for independence.
p.000274: (4) The Corporation is not required to pay for child care to the extent that child care continues to be provided
p.000274: after a claimant’s personal injury by a person—
p.000274: (a) who lives in the claimant’s home or lived in the claimant’s home imme- diately before the claimant suffered
p.000274: his or her personal injury; and
p.000274: (b) who provided child care before the claimant suffered his or her personal injury.
p.000274: Compare: 1998 No 114 Schedule 1 cl 45
p.000274: Schedule 1 clause 15(2): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000274: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000274: Schedule 1 clause 15(3): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000274: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000274: Schedule 1 clause 15(4): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000274: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000274:
p.000274: 16 Education support
p.000274: (1) In deciding whether to pay or contribute towards the cost of education support, the Corporation must have
p.000274: regard to—
p.000274: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000274: (b) the nature and extent of the claimant’s personal injury and the degree to which that injury impairs his or her
p.000274: ability to be independent in receiving education; and
p.000274: (c) the extent to which education support was provided by education sector providers for the claimant before the
p.000274: claimant’s personal injury; and
p.000274: (d) the extent to which education support, and the skills and knowledge likely to be acquired from it,
p.000274: are likely to reduce the claimant’s need for further rehabilitation; and
p.000274:
p.000274:
p.000274:
...
p.000314: Schedule 1
p.000314:
p.000314: (3) A reassessment under subclause (2) is not a reassessment for the purposes of subclause (7).
p.000314: (4) The Corporation must arrange for an assessor to reassess a claimant who pro- duces to the Corporation a
p.000314: certificate from a medical practitioner indicating that the claimant’s permanent impairment is likely to have
p.000314: increased since the date of assessment.
p.000314: (5) Subclause (4) is subject to subclauses (6) and (7).
p.000314: (6) A certificate provided under subclause (4) in respect of personal injury that is mental injury must be
p.000314: provided by a medical practitioner who is suitably quali- fied (to the Corporation’s satisfaction) to assess mental
p.000314: injury.
p.000314: (7) A claimant is not entitled to more than 1 reassessment under subclause (4) in any 12-month period.
p.000314: Schedule 1 clause 61(4): amended, on 18 September 2004, by section 175(1) of the Health Practition-
p.000314: ers Competence Assurance Act 2003 (2003 No 48).
p.000314: Schedule 1 clause 61(6): amended, on 18 September 2004, by section 175(1) of the Health Practition-
p.000314: ers Competence Assurance Act 2003 (2003 No 48).
p.000314:
p.000314: 62 Payment of entitlement to lump sum compensation to deceased claimant’s estate
p.000314: If a claimant dies after the completion of the assessment of the degree of per- manent impairment but before
p.000314: payment of the lump sum, the Corporation is liable to pay the lump sum to the deceased claimant’s estate.
p.000314:
p.000314: Part 4
p.000314: Entitlements arising from fatal injuries
p.000314: 63 Child not born at date of claimant’s death
p.000314: For the purposes of this Part, any child of the claimant who is born within 12 months after the claimant’s death is
p.000314: deemed to be—
p.000314: (a) dependent on the claimant at the date of the claimant’s death; and
p.000314: (b) under the care of the surviving parent of the child on that date.
p.000314: Compare: 1998 No 114 Schedule 1 cl 64
p.000314:
p.000314: 64 Funeral grant
p.000314: (1) The Corporation is liable to pay to a deceased claimant’s estate a funeral grant of the lesser of—
p.000314: (a) the actual costs of the funeral; or (b) $4,500.
p.000314: (2) Adjustments to the amount specified in subclause (1) must be made in the man- ner provided in section 116.
p.000314: Compare: 1998 No 114 Schedule 1 cl 65
p.000314:
p.000314:
p.000315: 315
p.000315:
p.000315:
p.000315:
p.000315:
p.000315: Schedule 1 Accident Compensation Act 2001
p.000315: Reprinted as at 1 April 2019
p.000315:
p.000315: 65 Survivor’s grant
p.000315: (1) The Corporation is liable to pay a survivor’s grant for a deceased claimant as follows:
p.000315: (a) to a surviving spouse or partner of the claimant, $4,702.79 but, if there is more than 1 surviving spouse
p.000315: or partner, the Corporation must divide that amount equally between them:
p.000315: (b) to each child of the claimant who has not yet turned 18 years, $2,351.40:
p.000315: (c) to any other dependant of the claimant, $2,351.40.
p.000315: (2) Adjustments to the amounts specified in subclause (1) must be made in the manner provided in
p.000315: section 116.
p.000315: Compare: 1998 No 114 Schedule 1 cl 66
p.000315: Schedule 1 clause 65(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000315: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000315:
p.000315: 66 Weekly compensation for surviving spouse or partner
p.000315: (1) The Corporation is liable to pay weekly compensation to a surviving spouse or partner of a deceased claimant.
p.000315: (2) Weekly compensation payable under this clause is payable from the date of the claimant’s death at the rate of
p.000315: 60% of—
p.000315: (a) the weekly compensation for loss of earnings to which the claimant would have been entitled at the
p.000315: end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
p.000315: (b) the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled
p.000315: at the end of 6 months of incap- acity, had he or she lived but been totally incapacitated.
p.000315: (3) Subclause (2) is subject to clause 74.
p.000315: (4) The Corporation must not cancel or suspend the surviving spouse’s or partner’s weekly compensation—
p.000315: (a) because the spouse or partner marries, enters into a civil union, or enters into a de facto relationship; or
...
p.000318: (2) The Corporation may allow a surviving spouse or partner to exercise or revoke an election under clause 68(2)
p.000318: or (5) after the period specified in subclause (1) has ended, but only if the Corporation is satisfied that the
p.000318: surviving spouse’s or partner’s circumstances have changed significantly since the end of the period.
p.000318: Compare: 1998 No 114 Schedule 1 cl 69
p.000318: Schedule 1 clause 69(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(1)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016
p.000318: (2016 No 49).
p.000318: Schedule 1 clause 69(1)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(1)(b): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(1)(c): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(2): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318:
p.000318: 70 Weekly compensation for child
p.000318: (1) The Corporation is liable to pay weekly compensation to a child of a deceased claimant.
p.000318:
p.000318:
p.000319: 319
p.000319:
p.000319:
p.000319:
p.000319:
p.000319: Schedule 1 Accident Compensation Act 2001
p.000319: Reprinted as at 1 April 2019
p.000319:
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the child’s weekly compensation because of the age that the
p.000319: claimant would have reached if he or she had not died.
p.000319: (5) The child ceases to be entitled to weekly compensation on the later of—
p.000319: (a) the end of the calendar year in which the child turns 18 years; or
p.000319: (b) if the child is in full-time study at a place of education, the earliest of ceasing the study, completing the
p.000319: study, or turning 21 years.
p.000319: (6) The Corporation must double the compensation payable for each parent if both the child’s parents have died.
p.000319: Compare: 1998 No 114 Schedule 1 cl 70
p.000319:
p.000319: 71 Weekly compensation for other dependants
p.000319: (1) The Corporation is liable to pay weekly compensation to any other dependant of a deceased claimant.
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the other dependant’s weekly compensation because of the
p.000319: age that the claimant would have reached if he or she had not died.
p.000319: (5) The other dependant ceases to be entitled to weekly compensation on the earlier of the following:
p.000319: (a) the other dependant has or will have, over a period of 12 months, aver- age earnings per week greater
p.000319: than the minimum weekly earnings as determined under clause 42(3):
p.000319:
p.000319:
p.000320: 320
p.000320:
...
p.000321: (1) The Corporation is liable to provide entitlements to a person who—
p.000321: (a) becomes the spouse or partner or a dependant of the claimant after the date on which the claimant suffered
p.000321: personal injury; and
p.000321: (b) is the spouse or partner or a dependant of the claimant at the date of the claimant’s death as a result of
p.000321: personal injury for which he or she has cover.
p.000321:
p.000321:
p.000322: 322
p.000322:
p.000322:
p.000322: Reprinted as at
p.000322: 1 April 2019 Accident Compensation Act 2001
p.000322: Schedule 1
p.000322:
p.000322: (2) Subclause (1) is subject to subclause (3).
p.000322: (3) The Corporation is not liable under subclause (1) if the Corporation decides, on reasonable grounds, that the
p.000322: main purpose of the person in becoming a spouse or partner or dependant was to qualify for entitlements.
p.000322: Compare: 1998 No 114 Schedule 1 cl 75
p.000322: Schedule 1 clause 75 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and
p.000322: Compensation Amendment Act 2005 (2005 No 12).
p.000322: Schedule 1 clause 75(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000322: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000322: Schedule 1 clause 75(1)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000322: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000322: Schedule 1 clause 75(3): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000322: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000322:
p.000322: Child care payments
p.000322: 76 Child care payments for children of deceased claimant
p.000322: (1) The Corporation is liable to pay a child of a deceased claimant a payment for child care on receiving a
p.000322: written application for it by or on behalf of the child.
p.000322: (2) The amount of any weekly entitlement to payment for child care per child is as follows:
p.000322: (a) if the number of children of a deceased claimant entitled to payment for child care is 1, $100; and
p.000322: (b) if the number of children of a deceased claimant entitled to payment for child care is 2, $60; and
p.000322: (c) if the number of children of a deceased claimant entitled to payment for child care is 3 or more, $140 divided
p.000322: by the number of children of the claimant for whom payment is being made.
p.000322: (3) The Corporation is not liable for any administration costs incurred by or on behalf of the child
p.000322: in purchasing child care.
p.000322: (4) Adjustments to the amounts specified in subclause (2) must be made in the manner provided in
p.000322: section 116.
p.000322: Compare: 1998 No 114 Schedule 1 cl 76
p.000322:
p.000322: 77 Duration of child care payments
p.000322: (1) The Corporation is liable to make payments for child care on and from the date of death of the deceased
p.000322: claimant.
p.000322: (2) The child ceases to be entitled to child care payments on the earlier of—
p.000322: (a) 5 years after the date on which the entitlement started; or
p.000322: (b) on the date on which the—
p.000322: (i) child turns 14 years; or
p.000322:
p.000322:
p.000322:
p.000323: 323
p.000323:
p.000323:
p.000323:
p.000323:
p.000323: Schedule 1 Accident Compensation Act 2001
p.000323: Reprinted as at 1 April 2019
p.000323:
p.000323: (ii) if the child is older and needs child care because of his or her physical or mental condition,
p.000323: the child ceases to need child care.
p.000323: (3) A child who, immediately before the deceased claimant’s death, was entitled to payments for child care because
p.000323: of the death of another deceased claimant has no entitlement for the subsequent death.
p.000323: (4) However, the Corporation must start counting the 5-year period referred to in subclause (2)(a) at the date of
p.000323: the subsequent death.
p.000323: (5) This clause applies despite anything in this schedule.
p.000323: Compare: 1998 No 114 Schedule 1 cl 77
p.000323:
p.000323: 78 Child care payments made to caregiver
p.000323: (1) The Corporation must make, on behalf of the child, every payment for child care to a person who is
p.000323: responsible for arranging for the child’s care.
p.000323: (2) The Corporation is not under an obligation to see to the application of any money paid to any
p.000323: person under subclause (1), and is not liable to the child in respect of any such payment.
p.000323: Compare: 1998 No 114 Schedule 1 cl 78
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000324: 324
p.000324:
p.000324:
p.000324: Reprinted as at
p.000324: 1 April 2019 Accident Compensation Act 2001
p.000324: Schedule 2
p.000324:
p.000324: Schedule 2 Occupational diseases
p.000324: ss 30(3), 60
p.000324: 1 Pneumoconioses caused by sclerogenetic mineral dust (silicosis, anthraco-sili- cosis, asbestosis) and
p.000324: silico-tuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death.
p.000324: 2 Lung cancer or mesothelioma diagnosed as caused by asbestos.
p.000324: 3 Diseases of a type generally accepted by the medical profession as caused by beryllium or its toxic compounds.
p.000324: 4 Diseases of a type generally accepted by the medical profession as caused by phosphorus or its toxic
p.000324: compounds.
p.000324: 5 Diseases of a type generally accepted by the medical profession as caused by chrome or its toxic compounds.
p.000324: 6 Diseases of a type generally accepted by the medical profession as caused by manganese or its toxic compounds.
p.000324: 7 Diseases of a type generally accepted by the medical profession as caused by arsenic or its toxic compounds.
p.000324: 8 Diseases of a type generally accepted by the medical profession as caused by mercury or its toxic compounds.
...
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000328: 328
p.000328:
p.000328:
p.000328: Reprinted as at
p.000328: 1 April 2019 Accident Compensation Act 2001
p.000328: Schedule 3
p.000328:
p.000328: Schedule 3
p.000328: Cover for mental injury caused by certain acts dealt with in Crimes Act 1961
p.000328: s 21(2)
p.000328: Section
p.000328: 124A Indecent communication with young person under 16 128B(1) Sexual violation
p.000328: 129(1) Attempted sexual violation
p.000328: 129(2) Assault with intent to commit sexual violation
p.000328: 129A(1) Inducing sexual connection by threat
p.000328: 129A(2) Inducing indecent act by threat
p.000328: 130 Incest
p.000328: 131(1) Sexual connection with dependent family member
p.000328: 131(2) Attempted sexual connection with dependent family member 131(3) Indecent
p.000328: act with dependent family member
p.000328: 131B Meeting young person following sexual grooming, etc 132(1) Sexual
p.000328: connection with child under 12
p.000328: 132(2) Attempted sexual connection with child under 12 132(3) Indecent act on
p.000328: child under 12
p.000328: 134(1) Sexual connection with young person under 16
p.000328: 134(2) Attempted sexual connection with young person under 16 134(3) Indecent
p.000328: act on young person under 16
p.000328: 135 Indecent assault
p.000328: 138(1) Exploitative sexual connection with person with significant impair- ment
p.000328: 138(2) Attempted exploitative sexual connection with person with significant impairment
p.000328: 138(4) Exploitative indecent act with person with significant impairment 142A
p.000328: Compelling indecent act with animal
p.000328: 194 Assault on a child, or by a male on a female. For the purposes of this schedule, section
p.000328: 194 of the Crimes Act 1961 must be regarded as relating only to situations where a female sexually
p.000328: assaults a child under 14 years old.
p.000328: 201 Infecting with disease
p.000328: 204A Female genital mutilation
p.000328: 204B Further offences relating to female genital mutilation
p.000328: Schedule 3: amended, on 7 May 2015, by section 4(1) of the Accident Compensation (Cover for Mental
p.000328: Injury—Indecency Offences) Amendment Act 2015 (2015 No 45).
p.000328: Schedule 3: amended, on 7 May 2015, by section 4(2) of the Accident Compensation (Cover for Mental
p.000328: Injury—Indecency Offences) Amendment Act 2015 (2015 No 45).
p.000328: Schedule 3: amended, on 20 May 2005, by section 10 of the Crimes Amendment Act 2005 (2005
p.000328: No 41).
p.000328:
p.000328:
p.000329: 329
p.000329:
p.000329:
p.000329:
p.000329:
p.000329: Schedule 4 Accident Compensation Act 2001
p.000329: Reprinted as at 1 April 2019
p.000329:
p.000329:
p.000329: Schedule 4
p.000329: Deductions on account of earner levies
p.000329:
p.000329:
p.000329:
p.000329: s 221(2)
p.000329:
p.000329: 1 Subject to this schedule, the PAYE rules of the Income Tax Act 2007 (the
p.000329: PAYE rules) apply, with all necessary modifications, with respect to—
p.000329: (a) any amount included in the earnings as an employee of an employer as if such amount were a PAYE income payment
p.000329: (or, as the case may require, salary or wages under section RD 5 of the Income Tax Act 2007) of the employee for the
p.000329: purposes of the PAYE rules; and
p.000329: (b) the levy payable by any employee under this Act as if such levy were income tax; and
p.000329: (c) the deduction required to be made under section 221 as if such deduction were an amount of tax, which amount
p.000329: is—
p.000329: (i) on account of income tax; and
...
Searching for indicator children:
(return to top)
p.000244: 244
p.000244:
p.000244: 244
p.000244: 371 Interest on late payments of weekly compensation 245
p.000244: Rehabilitation
p.000244: 372 Individual rehabilitation plan 245
p.000244: 373 Time limit on vocational rehabilitation 246
p.000016: 16
p.000016:
p.000016: Reprinted as at
p.000016: 1 April 2019 Accident Compensation Act 2001
p.000016:
p.000016:
p.000016: 374 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and
p.000016: household help
p.000016: 375 Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act:
p.000016: attendant care
p.000016: 376 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts
p.000016:
p.000246: 246
p.000246:
p.000247: 247
p.000247:
p.000247: 247
p.000247:
p.000247: Independence allowance
p.000247: 377 Independence allowance for personal injury suffered before 1 July 1999
p.000247: 378 Personal injury suffered on or after 1 July 1999 and before 1 April 2002
p.000247: 379 Payment of independence allowance to claimant outside New Zealand
p.000247:
p.000247: 247
p.000247:
p.000248: 248
p.000248:
p.000248: 248
p.000248: Lump sum compensation under former Acts
p.000248: 380 Lump sum compensation under former Acts 249
p.000248: Entitlements arising from fatal injuries
p.000248: 381 Funeral expenses for death before 1 April 2002 249
p.000248:
p.000248: 382 Survivor’s grant to surviving spouses or partners, children, and other dependants for death before 1 April
p.002002: 2002
p.002002: 383 Compensation payable to surviving spouses or partners, children, and other dependants under Accident
p.002002: Insurance Act 1998
p.002002: 384 Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts
p.002002: 385 Compensation payable to children and other dependants under 1972 and 1982 Acts
p.000250: 250
p.000250:
p.000250: 250
p.000250:
p.000251: 251
p.000251:
p.000252: 252
p.000252: 386 Child care payments for children of deceased persons 252
p.000252:
p.000252: 387 Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased
p.000252: person
p.000252: 252
p.000252: 388 Indexation of certain entitlements payable under former Acts 253
p.000252: Disentitlements
p.000252: 389 Disentitling sections apply 253
p.000252: Revision of decisions under former Acts
p.000252: 390 Corporation may revise decisions 254
p.000252: Review and appeals
p.000252: 391 Review and appeal proceedings for decisions under former Acts 254
p.000252: Financial provisions
p.000252: 392 Allocation of existing funds 255
p.000252: 393 Levies, premiums, and other payments under former Acts 256
p.000252:
p.000252:
p.000252:
p.000252:
p.000252:
p.000017: 17
p.000017:
p.000017:
p.000017:
p.000017:
p.000017: Accident Compensation Act 2001
p.000017: Reprinted as at 1 April 2019
p.000017:
p.000017:
p.000017: Accredited employers
p.000017: 394 Accredited employers under Accident Rehabilitation and Compensation Insurance Act 1992
p.000017:
p.000256: 256
p.000256: 395 Accredited employers under Accident Insurance Act 1998 256
p.000256: Regulations
p.000256: 396 Regulations providing for transitional matters [Expired] 257
...
p.000075: (2) If any provision of this Act requires the Corporation to provide an entitlement (regardless of how that
p.000075: requirement is expressed), the Corporation is required to provide the entitlement only to the extent required by this
p.000075: Act.
p.000075: (3) However, the Corporation may, at its own discretion, provide an entitlement or a payment to a claimant if it
p.000075: is satisfied that—
p.000075: (a) the entitlement or payment could be provided but for a requirement in section 127(4) or section 129 or section
p.000075: 379(2), or in any of clauses 4, 13, 15, 17, 19(3)(e), 19(3)(i), 19(3)(j), 22(1), 22(2)(b), 22(2)(c),
p.000075: 22(2)(e), or 22(2)(f) of Schedule 1; and
p.000075: (b) the provision of the entitlement or payment would be consistent with the purpose of this Act.
p.000075: (4) The exercise of a discretion under subsection (3) is subject to section 134(1A).
p.000075: Section 68: substituted, on 1 July 2005, by section 20(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000075: Amendment Act (No 2) 2005 (2005 No 45).
p.000075:
p.000075: 69 Entitlements provided under this Act
p.000075: (1) The entitlements provided under this Act are—
p.000075: (a) rehabilitation, comprising treatment, social rehabilitation, and vocational rehabilitation:
p.000075: (b) first week compensation:
p.000075:
p.000075:
p.000076: 76
p.000076:
p.000076:
p.000076: Reprinted as at
p.000076: 1 April 2019 Accident Compensation Act 2001
p.000076: Part 4 s 72
p.000076:
p.000076: (c) weekly compensation:
p.000076: (d) lump sum compensation for permanent impairment:
p.000076: (e) funeral grants, survivors’ grants, weekly compensation for the spouse or partner, children and other
p.000076: dependants of a deceased claimant, and child care payments.
p.000076: (2) The entitlements provided under this Act also include the entitlements referred to in Parts 10 and 11.
p.000076: Section 69(1)(e): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilita- tion, and
p.000076: Compensation Amendment Act 2005 (2005 No 12).
p.000076:
p.000076: 70 Claimant’s and Corporation’s obligations in relation to rehabilitation
p.000076: A claimant who has suffered personal injury for which he or she has cover—
p.000076: (a) is entitled to be provided by the Corporation with rehabilitation, to the extent provided by this Act, to
p.000076: assist in restoring the claimant’s health, independence, and participation to the maximum extent practicable; but
p.000076: (b) is responsible for his or her own rehabilitation to the extent practicable having regard to the consequences
p.000076: of his or her personal injury.
p.000076: Compare: 1998 No 114 Schedule 1 cl 28
p.000076:
p.000076: 71 Employer’s obligations in relation to rehabilitation
p.000076: (1) This section applies to an employer if—
p.000076: (a) the Corporation decides, under section 86(2)(a), that it is reasonably practicable to return the
p.000076: claimant to the same employment in which the claimant was engaged, and with the employer who was employing the
p.000076: claimant, when the claimant’s incapacity commenced; and
p.000076: (b) the Corporation gives the employer notice, in writing, of the decision.
p.000076: (2) The employer must take all practicable steps to assist the claimant with the claimant’s
...
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148: 207 Self-employed Work Account levy not payable on earnings over specified maximum
p.000148: [Repealed]
p.000148: Section 207: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000149: 149
p.000149:
p.000149:
p.000149:
p.000149:
p.000149: Part 6 s 208 Accident Compensation Act 2001
p.000149: Reprinted as at 1 April 2019
p.000149:
p.000149: Purchase of weekly compensation by self-employed persons
p.000149: 208 Purchase of weekly compensation by self-employed persons
p.000149: (1) A self-employed person may apply to purchase from the Corporation, in accordance with section 209,
p.000149: the right to receive weekly compensation provi- ded in an agreed manner for loss of earnings as a self-employed person
p.000149: for any personal injury for which the person has cover under this Act.
p.000149: (2) Subject to any regulations made under this Act, but otherwise without limita- tion, the agreement may include—
p.000149: (a) provision for the reduction, or progressive reduction, of the agreed level of weekly compensation in the
p.000149: circumstances set out in the agreement, which may include either or both of the following:
p.000149: (i) circumstances where the person is able to engage in some employ- ment:
p.000149: (ii) circumstances where the person continues to derive earnings while incapacitated:
p.000149: (b) entitlement to death benefits for the self-employed person’s spouse or partner, children, or other
p.000149: dependants if the person dies as a result of a personal injury:
p.000149: (c) weekly compensation payable for work-related personal injury only or payable for both work-related and
p.000149: non-work personal injury:
p.000149: (d) specified levels of weekly compensation for specified periods:
p.000149: (e) any combination of the provisions referred to in any of paragraphs (a) to (d).
p.000149: Compare: 1998 No 114 s 302A
p.000149: Section 208(2)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilita- tion, and
p.000149: Compensation Amendment Act 2005 (2005 No 12).
p.000149:
p.000149: 209 Procedure for reaching agreement
p.000149: (1) The Corporation must discuss with the self-employed person the options avail- able to the self-employed person
p.000149: and determine a level of weekly compensa- tion that fairly reflects the likely costs of incapacity for the
p.000149: self-employed per- son having regard to—
p.000149: (a) an estimate of the person’s income, net of business costs; and
p.000149: (b) an estimate of the cost of any required replacement labour; and
p.000149: (c) such other matters as may be relevant to the particular case.
p.000149: (2) The amount determined under subsection (1) must not be—
p.000149: (a) less than 80% of the amount of weekly earnings specified in clause 42(3) of Schedule 1; or
p.000149:
p.000149:
p.000149:
p.000149:
p.000150: 150
p.000150:
p.000150:
p.000150: Reprinted as at
p.000150: 1 April 2019 Accident Compensation Act 2001
p.000150: Part 6 s 210
p.000150:
p.000150: (b) more than the maximum amount of weekly compensation specified in clause 46 of Schedule 1.
...
p.000195: information from the Corporation under this section.
p.000195: (5) The persons about whom they may request information under this section are persons who have received, are
p.000195: receiving, or have applied to receive any treat- ment to which those persons are entitled.
p.000195: (6) The information they may request is—
p.000195: (a) such biographical information as is sufficient to identify those persons, including their addresses; and
p.000195: (b) such details of the entitlement of those persons as are necessary for the purpose of this section.
p.000195: (7) A request under subsection (4) must be made in accordance with arrangements made between the Corporation
p.000195: and the Director-General, or the Corporation and each chief executive.
p.000195: (8) The Corporation may supply the information requested to, as appropriate,—
p.000195: (a) an officer or employee or agent of the Ministry authorised by the Director-General to receive it:
p.000195: (b) an officer or employee or agent of the district health board authorised by the chief executive to receive it.
p.000195: (9) The information may be supplied in such form as is determined by agreement between the Corporation and the
p.000195: Director-General, or the Corporation and each chief executive.
p.000195: Compare: 1998 No 114 s 369
p.000195:
p.000195: 283 Disclosure of information by Corporation for injury prevention purposes
p.000195: (1) The purpose of this section is to facilitate the disclosure of information by the Corporation to the
p.000195: department responsible for administering the Oranga Tama- riki Act 1989 for the purpose of preventing or
p.000195: limiting injury to children or young persons arising through unlawful activity.
p.000195: (2) For the purpose of this section, the Corporation may provide information to that agency about
p.000195: claimants and other persons if the Corporation believes on reasonable grounds that it is reasonably necessary to
p.000195: achieve the purpose of this section.
p.000195:
p.000195:
p.000195:
p.000196: 196
p.000196:
p.000196:
p.000196: Reprinted as at
p.000196: 1 April 2019 Accident Compensation Act 2001
p.000196: Part 7 s 286
p.000196:
p.000196: (3) Information must be provided under subsection (2) in accordance with an agreement between the
p.000196: Corporation and the chief executive of that department.
p.000196: Section 283(1): amended, on 14 July 2017, by section 150(2) of the Children, Young Persons, and Their Families (Oranga
p.000196: Tamariki) Legislation Act 2017 (2017 No 31).
p.000196:
p.000196: 284 Reporting of risk of harm to public
p.000196: (1) This section applies to information collected by the Corporation in the course of processing claims—
p.000196: (a) for treatment injury; or
p.000196: (b) for personal injury of a type described in section 20(2)(d); or
p.000196: (c) for personal injury caused by medical misadventure; or
p.000196: (d) that are in the nature of claims for treatment injury, but are caused by a person who is not a registered
p.000196: health professional.
p.000196: (2) If the Corporation believes, from information referred to in subsection (1), there is a risk of harm
p.000196: to the public, the Corporation must report the risk, and any other relevant information, to the authority responsible
p.000196: for patient safety in relation to the treatment that caused the personal injury.
p.000196: Section 284: substituted, on 1 July 2005, by section 47 of the Injury Prevention, Rehabilitation, and Compensation
p.000196: Amendment Act (No 2) 2005 (2005 No 45).
p.000196:
p.000196: 285 Personal injuries in nature of medical misadventure
p.000196: [Repealed]
p.000196: Section 285: repealed, on 1 July 2005, by section 48 of the Injury Prevention, Rehabilitation, and
p.000196: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000196:
p.000196: Information about work-related injuries
...
p.000240: 1 April 2019 Accident Compensation Act 2001
p.000240: Part 11 s 364
p.000240:
p.000240: (a) suffered the personal injury because, before 1 April 1974, he or she per- formed a task, or worked in an
p.000240: environment, in the circumstances described in section 30(2); and
p.000240: (b) died before 1 July 1992.
p.000240: Compare: 1998 No 114 s 424
p.000240:
p.000240: First week compensation for incapacity commencing before 1 April 2002
p.000240: 362 First week compensation for incapacity commencing before 1 April 2002
p.000240: (1) This section applies to a person who,—
p.000240: (a) immediately before 1 April 2002, was entitled to compensation under section 76 or section 425 of the
p.000240: Accident Insurance Act 1998; and
p.000240: (b) on and after 1 April 2002, would have continued to be so entitled had the Accident Insurance Act 1998 not been
p.000240: repealed.
p.000240: (2) On and after 1 April 2002, the person continues to be entitled to compensation under whichever of those
p.000240: sections applies to him or her.
p.000240: (3) To avoid doubt, this section does not apply in relation to any period of incap- acity that commences on or
p.000240: after 1 April 2002.
p.000240: Compare: 1998 No 114 s 425
p.000240:
p.000240: Entitlements for personal injury suffered before 1 April 2002
p.000240: 363 Application of sections 364 to 387
p.000240: (1) Sections 364 to 380 provide for entitlements for a person who, having suffered personal injury before 1 April
p.000240: 2002, has cover accepted under any of sections 355 to 360.
p.000240: (2) Sections 381 to 387 provide for entitlements for the spouse or partner, children, and other dependants of such
p.000240: a person, if the personal injury for which the per- son has cover is death or is physical injuries from which he or she
p.000240: dies.
p.000240: (3) The provision of entitlements arising from cover accepted under any of sec- tions 355 to 360 is
p.000240: subject to Part 4 and Schedule 1, unless the effect of any of sections 364 to 391 is to the contrary.
p.000240: Compare: 1998 No 114 s 426
p.000240: Section 363(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000240: Amendment Act 2005 (2005 No 12).
p.000240:
p.000240: Treatment
p.000240:
p.000240: 364 Treatment
p.000240: Schedule 1 of the Accident Insurance Act 1998 continues to apply to treatment if—
p.000240: (a) a person has been provided with, or the Corporation has agreed in writ- ing to pay for, treatment before 1
p.000240: April 2002; and
p.000240:
p.000241: 241
p.000241:
p.000241:
p.000241:
p.000241:
p.000241: Part 11 s 365 Accident Compensation Act 2001
p.000241: Reprinted as at 1 April 2019
p.000241:
p.000241: (b) the person is entitled to that treatment as at the close of 31 March 2002.
p.000241: Compare: 1998 No 114 s 427
p.000241:
p.000241: Weekly compensation
p.000241: 365 Weekly compensation under Accident Insurance Act 1998
p.000241: (1) This section applies to a person who,—
p.000241: (a) immediately before 1 April 2002, was entitled to compensation specified in subsection (2); and
p.000241: (b) on and after 1 April 2002, would have continued to be so entitled had the Accident Insurance Act 1998 not been
p.000241: repealed.
p.000241: (2) The compensation is weekly compensation—
p.000241: (a) based on weekly earnings calculated under section 287 or clauses 7 to 22 of Schedule 1 of the Accident
p.000241: Insurance Act 1998; or
...
p.000248: (b) a decision made by the Corporation before 1 July 1995—
p.000248: (i) was made under section 119 or section 120 of the Accident Com- pensation Act 1972 or section 78 or
p.000248: section 79 of the Accident Compensation Act 1982; and
p.000248: (ii) is subject to a valid late application for review or appeal by the claimant.
p.000248: (2) If the claim for cover was accepted by the Corporation as 1 claim, despite there being several incidents to
p.000248: which the personal injury might have been attribut- able, the only additional lump sum compensation that may be paid in
p.000248: relation to the claim is an amount up to the balance of the maximum that was payable under section 120 of the Accident
p.000248: Compensation Act 1972 or section 79 of the Accident Compensation Act 1982 for 1 claim, irrespective of the
p.000248: number of incidents involved.
p.000248: (3) Subsection (2) is subject to subsection (1).
p.000248: Entitlements arising from fatal injuries
p.000248: 381 Funeral expenses for death before 1 April 2002
p.000248: On or after 1 April 2002, a funeral grant is payable under clause 64 of Schedule 1 if—
p.000248: (a) a person died before that date as a result of personal injury covered by the former Acts; and
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000249: 249
p.000249:
p.000249:
p.000249:
p.000249:
p.000249: Part 11 s 382 Accident Compensation Act 2001
p.000249: Reprinted as at 1 April 2019
p.000249:
p.000249: (b) the Corporation has not paid a grant for funeral expenses before that date.
p.000249: Compare: 1998 No 114 s 443
p.000249:
p.000249: 382 Survivor’s grant to surviving spouses or partners, children, and other dependants for death before 1 April 2002
p.000249: (1) On or after 1 April 2002, a survivor’s grant is payable under clause 65 of Schedule 1 if—
p.000249: (a) a person died on or after 1 July 1992 and before 1 April 2002 as a result of personal injury covered by the
p.000249: Accident Rehabilitation and Compen- sation Insurance Act 1992 or the Accident Insurance Act 1998; and
p.000249: (b) a survivor of that person is entitled to be paid a survivor’s grant before 1 April 2002; and
p.000249: (c) the Corporation has not paid a survivor’s grant to that survivor before 1 April 2002.
p.000249: (2) If a person died before 1 July 1992 as a result of personal injury by accident within the meaning of the
p.000249: Accident Compensation Act 1982, section 82 of that Act, and the provisions of that Act on dependency, as they relate to
p.000249: lump sums payable under that section, apply to any spouse or partner, child, or other dependants of the
p.000249: deceased person.
p.000249: Compare: 1998 No 114 s 444
p.000249: Section 382 heading: amended, on 26 April 2005, by section 8(2) of the Injury Prevention, Rehabili- tation, and
p.000249: Compensation Amendment Act 2005 (2005 No 12).
p.000249: Section 382(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000249: Amendment Act 2005 (2005 No 12).
p.000249:
p.000249: 383 Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance
p.000249: Act 1998
p.000249: (1) This section applies if, immediately before 1 April 2002, any spouse or partner, child, or other dependant
p.000249: of a deceased person was entitled to compensation under section 445(1) and (2) or clauses 67 to 75 of Schedule 1
p.000249: of the Accident Insurance Act 1998.
p.000249: (2) The compensation continues to be payable and to be paid as if it had been cal- culated under Part 4 of
p.000249: Schedule 1.
p.000249: (3) Compensation payable to a surviving spouse or partner ceases on the date it would cease if clauses
p.000249: 66 to 69 of Schedule 1 applied to the spouse or partner.
p.000249: (4) Compensation payable to a child ceases on the date it would cease if clause 70 of Schedule 1 applied to the
p.000249: child.
p.000249: (5) Compensation payable to any other dependant ceases on the date it would cease if clauses 71 to 73
p.000249: of Schedule 1 applied to the dependant.
p.000249: Compare: 1998 No 114 s 445
p.000249:
p.000249:
p.000249:
p.000250: 250
p.000250:
p.000250:
p.000250: Reprinted as at
p.000250: 1 April 2019 Accident Compensation Act 2001
p.000250: Part 11 s 384
p.000250:
p.000250: Section 383 heading: amended, on 26 April 2005, by section 8(2) of the Injury Prevention, Rehabili- tation, and
p.000250: Compensation Amendment Act 2005 (2005 No 12).
p.000250: Section 383(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000250: Amendment Act 2005 (2005 No 12).
p.000250: Section 383(3): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000250: Amendment Act 2005 (2005 No 12).
p.000250:
p.000250: 384 Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts
p.000250: (1) Section 446 of the Accident Insurance Act 1998 continues to apply in respect of the spouse or de facto
p.000250: partner of a deceased person who was entitled to receive, immediately before 1 April 2002, compensation under
p.000250: that section.
p.000250: (1A) However, despite subsection (1), the spouse or de facto partner may choose to convert the entitlement to
p.000250: compensation under section 446 of the Accident Insurance Act 1998 to 1 or more aggregated payments and, in those
p.000250: circum- stances, clause 67 of Schedule 1 applies as if the entitlement to compensation were an entitlement to weekly
p.000250: compensation under clause 66 of Schedule 1.
p.000250: (2) For the purposes of subsection (1), section 446 continues to apply as if subsec- tion (3) of that section
p.000250: provided as follows:
p.000250: (3) The compensation ceases on the earlier of the following dates:
p.000250: (a) the date on which the youngest child of the claimant of whom the sur- viving spouse had care turns 18 years:
p.000250: (b) the date on which the surviving spouse ceases to have the care of all children of the claimant
p.000250: who were in the surviving spouse’s care.
p.000250: (2A) For the purposes of subsection (1), section 446 continues to apply as if subsec- tion (4) of that section
p.000250: provided as follows:
p.000250: (4) The compensation does not cease if, when compensation would otherwise cease under subsection (3), the
p.000250: spouse—
p.000250: (a) is 45 years or older; or
p.000250: (b) would have been entitled to continue to receive compensation under sec- tion 123 of the Accident
p.000250: Compensation Act 1972 or section 65 of the Accident Compensation Act 1982.
p.000250: (3) For the purposes of subsection (1), section 446 continues to apply as if, after subsection (5), the following
p.000250: subsection were inserted:
p.000250: (5A) However, a surviving spouse who enters into a relationship in the nature of marriage before 1 July
p.000250: 1999 is to be treated as if he or she had entered into the relationship on 1 July 1999.
p.000250: Compare: 1998 No 114 s 446(1), (2)
p.000250: Section 384 heading: amended, on 26 April 2005, by section 6(1) of the Injury Prevention, Rehabili- tation, and
p.000250: Compensation Amendment Act 2005 (2005 No 12).
p.000250: Section 384(1): amended, on 26 April 2005, by section 6(2) of the Injury Prevention, Rehabilitation, and Compensation
p.000250: Amendment Act 2005 (2005 No 12).
p.000250:
p.000250:
p.000251: 251
p.000251:
p.000251:
p.000251:
p.000251:
p.000251: Part 11 s 385 Accident Compensation Act 2001
p.000251: Reprinted as at 1 April 2019
p.000251:
p.000251: Section 384(1A): inserted, on 1 August 2008, by section 32 of the Injury Prevention, Rehabilitation, and Compensation
p.000251: Amendment Act 2008 (2008 No 46).
p.000251: Section 384(2A): inserted, on 22 October 2003, by section 9 of the Injury Prevention, Rehabilitation, and Compensation
p.000251: Amendment Act (No 2) 2003 (2003 No 80).
p.000251:
p.000251: 385 Compensation payable to children and other dependants under 1972 and 1982 Acts
p.000251: Section 447 of the Accident Insurance Act 1998 continues to apply in respect of a child or any other dependant
p.000251: of a deceased person who was entitled to receive, immediately before 1 April 2002, compensation under that
p.000251: section.
p.000251: Compare: 1998 No 114 s 447(1), (2)
p.000251:
p.000251: 386 Child care payments for children of deceased persons
p.000251: (1) A person who, at the close of 31 March 2002, was entitled, because of section 448 of the Accident Insurance
p.000251: Act 1998, to receive compensation under clause 76 of Schedule 1 of that Act, continues to be entitled to
p.000251: receive it after that date.
p.000251: (2) However, the person’s entitlement after that date is to be determined in accord- ance with Schedule 1.
p.000251: Compare: 1998 No 114 s 448
p.000251:
p.000251: 387 Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased
p.000251: person
p.000251: (1) This section applies if,—
p.000251: (a) immediately before 1 July 1992, a person (person A) was receiving compensation for child care that
p.000251: another person (person B), who subse- quently died, had been providing on a regular basis for a family or
p.000251: household of which person B was a member; and
p.000251: (b) the compensation was payable under section 121 of the Accident Com- pensation Act 1972 or section 80 of
p.000251: the Accident Compensation Act 1982; and
p.000251: (c) the compensation was payable because of section 149(7) of the Accident Rehabilitation and Compensation
p.000251: Insurance Act 1992.
p.000251: (2) The sections referred to in subsection (1)(b) (as applied by section 449 of the Accident Insurance Act 1998)—
...
p.000316:
p.000316: 67 Surviving spouse or partner may choose to convert weekly compensation to aggregated payment or payments
p.000316: 68 Relationship between surviving spouse’s or partner’s weekly compensation and New Zealand superannuation
p.000317: 317
p.000318: 318
p.000318: 69 Election for purposes of clause 68 319
p.000318: 70 Weekly compensation for child 319
p.000318: 71 Weekly compensation for other dependants 320
p.000318:
p.000318: 72 Relationship between other dependant’s weekly compensation and New Zealand superannuation
p.000321: 321
p.000264: 264
p.000264:
p.000264: Reprinted as at
p.000264: 1 April 2019 Accident Compensation Act 2001
p.000264: Schedule 1
p.000264: 73 Election for purposes of clause 72 322
p.000264: 74 Maximum payments 322
p.000264:
p.000264: 75 Spouse or partner status or dependency arising after date of personal injury
p.000322: 322
p.000322: Child care payments
p.000322: 76 Child care payments for children of deceased claimant 323
p.000322: 77 Duration of child care payments 323
p.000322: 78 Child care payments made to caregiver 324
p.000322:
p.000322: Part 1 Rehabilitation
p.000322: Treatment
p.000322: 1 Corporation’s liability to pay or contribute to cost of treatment
p.000322: (1) The Corporation is liable to pay or contribute to the cost of the claimant’s treat- ment for personal injury
p.000322: for which the claimant has cover if clause 2 applies,—
p.000322: (a) to the extent required or permitted under an agreement or contract with any person for the provision of
p.000322: treatment; or
p.000322: (b) if no such agreement or contract applies, to the extent required or per- mitted by regulations made under this
p.000322: Act; or
p.000322: (c) if paragraphs (a) and (b) do not apply, the cost of the treatment.
p.000322: (2) In subclause (1)(c), cost means the cost—
p.000322: (a) that is appropriate in the circumstances; and
p.000322: (b) as agreed by the Corporation and the treatment provider.
p.000322: Compare: 1998 No 114 Schedule 1 cl 1
p.000322:
p.000322: 2 When Corporation is liable to pay cost of treatment
p.000322: (1) The Corporation is liable to pay the cost of the claimant’s treatment if the treat- ment is for the
p.000322: purpose of restoring the claimant’s health to the maximum extent practicable, and the treatment—
p.000322: (a) is necessary and appropriate, and of the quality required, for that pur- pose; and
...
p.000273: (including agreed vocational train- ing) or to attend a place of education, having regard to any entitlement the
p.000273: claimant has to education support; and
p.000273: (d) the extent to which household family members or other family members might reasonably be expected to provide
p.000273: attendant care for the claimant after the claimant’s personal injury; and
p.000273: (e) the extent to which attendant care is required to give household family members a break, from time to time,
p.000273: from providing attendant care for the claimant; and
p.000273: (f) the need to avoid substantial disruption to the employment or other activities of household family
p.000273: members.
p.000273: Compare: 1998 No 114 Schedule 1 cl 44
p.000273:
p.000273: 15 Child care
p.000273: (1) In deciding whether to provide or contribute to the cost of child care, the Cor- poration must have regard to—
p.000273:
p.000273:
p.000274: 274
p.000274:
p.000274:
p.000274: Reprinted as at
p.000274: 1 April 2019 Accident Compensation Act 2001
p.000274: Schedule 1
p.000274:
p.000274: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000274: (b) the number of the claimant’s children and their need for child care; and
p.000274: (c) the extent to which child care was provided by other household family members before the claimant’s personal
p.000274: injury; and
p.000274: (d) the extent to which other household family members or other family members might reasonably be
p.000274: expected to provide child care services after the claimant’s personal injury; and
p.000274: (e) the need to avoid substantial disruption to the employment or other activities of the household
p.000274: family members.
p.000274: (2) The Corporation is not required to provide child care under this clause if it pro- vides child care for the
p.000274: child under clause 76.
...
p.000295: 168B; or
p.000295:
p.000296: 296
p.000296:
p.000296:
p.000296: Reprinted as at
p.000296: 1 April 2019 Accident Compensation Act 2001
p.000296: Schedule 1
p.000296:
p.000296: (ii) an earner in full-time employment; and
p.000296: (b) had weekly earnings calculated under clause 41 or, if that clause does not apply, under any of
p.000296: clauses 34, 36, 38, or 39 of less than the min- imum weekly earnings as determined under subclause (3); and
p.000296: (c) is incapacitated for more than 5 weeks after the incapacity first com- menced.
p.000296: (2) For the purpose of calculating weekly compensation for loss of earnings pay- able to the claimant for any
p.000296: period after the 5-week period, the claimant is deemed to have had, immediately before his or her incapacity
p.000296: commenced, the minimum weekly earnings as determined under subclause (3).
p.000296: (3) The minimum weekly earnings are—
p.000296: (a) for a person under 18 years of age, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person under the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (b) for a person 18 years of age or over, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person over the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (4) [Repealed]
p.000296: (5) [Repealed]
p.000296: (6) [Repealed]
p.000296: (7) Subclause (2) does not apply to any period unless the Corporation is satisfied that, but for the incapacity,
p.000296: the claimant would have been an earner in full-time employment during that period.
p.000296: (8) Subclause (2) does not apply if the claimant has an entitlement under any other provision of this schedule to
p.000296: weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.
p.000296:
p.000296:
p.000296:
p.000297: 297
p.000297:
p.000297:
p.000297:
p.000297:
p.000297: Schedule 1 Accident Compensation Act 2001
p.000297: Reprinted as at 1 April 2019
p.000297:
p.000297: (9) Nothing in this clause is affected by the claimant’s entitlement to any weekly compensation under any of
p.000297: clauses 66, 70, and 71.
p.000297: Compare: 1998 No 114 Schedule 1 cl 18
p.000297: Schedule 1 clause 42(1)(a)(i): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and
p.000297: Compensation Amendment Act 2007 (2007 No 8).
p.000297: Schedule 1 clause 42(1)(b): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000297: (2010 No 1).
p.000297: Schedule 1 clause 42(1)(c): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000297: (2010 No 1).
p.000297: Schedule 1 clause 42(2): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000297: Amendment Act 2010 (2010 No 1).
...
p.000315: end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
p.000315: (b) the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled
p.000315: at the end of 6 months of incap- acity, had he or she lived but been totally incapacitated.
p.000315: (3) Subclause (2) is subject to clause 74.
p.000315: (4) The Corporation must not cancel or suspend the surviving spouse’s or partner’s weekly compensation—
p.000315: (a) because the spouse or partner marries, enters into a civil union, or enters into a de facto relationship; or
p.000315: (b) [Repealed]
p.000315: (c) because of the age that the claimant would have reached if he or she had not died.
p.000315: (5) The surviving spouse or partner ceases to be entitled to weekly compensation on the latest of—
p.000315: (a) the end of 5 consecutive years from the date on which it first became payable:
p.000315: (b) the surviving spouse or partner ceasing to have the care of all of the chil- dren who are under the age of 18
p.000315: years:
p.000315:
p.000315:
p.000315:
p.000316: 316
p.000316:
p.000316:
p.000316: Reprinted as at
p.000316: 1 April 2019 Accident Compensation Act 2001
p.000316: Schedule 1
p.000316:
p.000316: (c) the youngest of the children of the deceased who is in the care of the sur- viving spouse or partner turning
p.000316: 18 years:
p.000316: (d) the surviving spouse or partner ceasing to have the care of all other dependants of the deceased
p.000316: claimant who were in the surviving spouse’s or partner’s care.
p.000316: Compare: 1998 No 114 Schedule 1 cl 67
p.000316: Schedule 1 clause 66 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and
p.000316: Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(4): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(4)(a): substituted, on 26 April 2005, by section 7 of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(4)(b): repealed, on 26 April 2005, by section 7 of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(5): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(5)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(5)(c): amended, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and
p.000316: Compensation Amendment Act 2008 (2008 No 46).
...
p.000321: personal injury; and
p.000321: (b) is the spouse or partner or a dependant of the claimant at the date of the claimant’s death as a result of
p.000321: personal injury for which he or she has cover.
p.000321:
p.000321:
p.000322: 322
p.000322:
p.000322:
p.000322: Reprinted as at
p.000322: 1 April 2019 Accident Compensation Act 2001
p.000322: Schedule 1
p.000322:
p.000322: (2) Subclause (1) is subject to subclause (3).
p.000322: (3) The Corporation is not liable under subclause (1) if the Corporation decides, on reasonable grounds, that the
p.000322: main purpose of the person in becoming a spouse or partner or dependant was to qualify for entitlements.
p.000322: Compare: 1998 No 114 Schedule 1 cl 75
p.000322: Schedule 1 clause 75 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and
p.000322: Compensation Amendment Act 2005 (2005 No 12).
p.000322: Schedule 1 clause 75(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000322: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000322: Schedule 1 clause 75(1)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000322: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000322: Schedule 1 clause 75(3): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000322: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000322:
p.000322: Child care payments
p.000322: 76 Child care payments for children of deceased claimant
p.000322: (1) The Corporation is liable to pay a child of a deceased claimant a payment for child care on receiving a
p.000322: written application for it by or on behalf of the child.
p.000322: (2) The amount of any weekly entitlement to payment for child care per child is as follows:
p.000322: (a) if the number of children of a deceased claimant entitled to payment for child care is 1, $100; and
p.000322: (b) if the number of children of a deceased claimant entitled to payment for child care is 2, $60; and
p.000322: (c) if the number of children of a deceased claimant entitled to payment for child care is 3 or more, $140 divided
p.000322: by the number of children of the claimant for whom payment is being made.
p.000322: (3) The Corporation is not liable for any administration costs incurred by or on behalf of the child
p.000322: in purchasing child care.
p.000322: (4) Adjustments to the amounts specified in subclause (2) must be made in the manner provided in
p.000322: section 116.
p.000322: Compare: 1998 No 114 Schedule 1 cl 76
p.000322:
p.000322: 77 Duration of child care payments
p.000322: (1) The Corporation is liable to make payments for child care on and from the date of death of the deceased
p.000322: claimant.
p.000322: (2) The child ceases to be entitled to child care payments on the earlier of—
p.000322: (a) 5 years after the date on which the entitlement started; or
p.000322: (b) on the date on which the—
p.000322: (i) child turns 14 years; or
p.000322:
p.000322:
p.000322:
p.000323: 323
p.000323:
p.000323:
p.000323:
p.000323:
p.000323: Schedule 1 Accident Compensation Act 2001
p.000323: Reprinted as at 1 April 2019
p.000323:
...
p.000339: [Repealed]
p.000339: Schedule 5 clause 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339: 24 Liability of members and employees
p.000339: [Repealed]
p.000339: Schedule 5 clause 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339: Delegations
p.000339: 25 Additional persons to whom delegations can be made
p.000339: Despite section 73(1)(d) of the Crown Entities Act 2004, the Corporation need not obtain the approval of the
p.000339: Minister before delegating services provided under this Act to any person referred to in paragraph (d) of that
p.000339: section.
p.000339: Schedule 5 clause 25: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000340: 340
p.000340:
p.000340:
p.000340: Reprinted as at
p.000340: 1 April 2019 Accident Compensation Act 2001
p.000340: Schedule 6
p.000340:
p.000340: Schedule 6 Consequential amendments
p.000340: s 337
p.000340:
p.000340: Part 1 Acts amended
p.000340: Administration Act 1969 (1969 No 52)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Armed Forces Discipline Act 1971 (1971 No 53)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Carriage by Air Act 1967 (1967 No 151)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Civil Defence Act 1983 (1983 No 46)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Corporations (Investigation and Management) Act 1989 (1989 No 11)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Criminal Justice Act 1985 (1985 No 120)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Customs and Excise Act 1996 (1996 No 27)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Deaths by Accident Compensation Act 1952 (1952 No 35)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disputes Tribunals Act 1988 (1988 No 110)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: District Courts Act 1947 (1947 No 16)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340:
p.000340:
p.000340:
p.000341: 341
p.000341:
p.000341:
p.000341:
p.000341:
p.000341: Schedule 6 Accident Compensation Act 2001
p.000341: Reprinted as at 1 April 2019
p.000341:
p.000341: Employment Relations Act 2000 (2000 No 24)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Fair Trading Act 1986 (1986 No 121)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Family Proceedings Act 1980 (1980 No 94)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Financial Reporting Act 1993 (1993 No 106)
p.000341: Amendment(s) incorporated in the Act(s).
...
p.000359:
p.000359: Notes Accident Compensation Act 2001
p.000359: Reprinted as at 1 April 2019
p.000359:
p.000359:
p.000359: Reprints notes
p.000359: 1 General
p.000359: This is a reprint of the Accident Compensation Act 2001 that incorporates all the amendments to that Act as at the date
p.000359: of the last amendment to it.
p.000359: 2 Legal status
p.000359: Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and
p.000359: by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in
p.000359: electronic form, has the status of an official version under section 17 of that Act. A printed version of
p.000359: the reprint produced directly from this official elec- tronic version also has official status.
p.000359: 3 Editorial and format changes
p.000359: Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation
p.000359: Act 2012. See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
p.000359: 4 Amendments incorporated in this reprint
p.000359: Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5): section
p.000365: 365
p.000365: Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51): section 4
p.000365: Education Amendment Act 2018 (2018 No 40): section 24
p.000365: Social Security Act 2018 (2018 No 32): section 459
p.000365: Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5):
p.000365: sections 408–411
p.000365: Customs and Excise Act 2018 (2018 No 4): section 443(3)
p.000365: Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31): section 150(2)
p.000365: Statutes Amendment Act 2016 (2016 No 104): Part 1
p.000365: Compensation for Live Organ Donors Act 2016 (2016 No 96): section 30
p.000365: Accident Compensation Amendment Act 2016 (2016 No 73)
p.000365: Interest on Money Claims Act 2016 (2016 No 51): section 29
p.000365: District Court Act 2016 (2016 No 49): section 261
p.000365: Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27): sections 228, 229
p.000365: Accident Compensation (Effective Date for Repeal of Residual Levies Provisions) Notice 2015 (LI 2015/221): clause 3
p.000365: Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 (2015 No 85)
p.000365: Accident Compensation Amendment Act 2015 (2015 No 71)
p.000365: Accident Compensation (Cover for Mental Injury—Indecency Offences) Amendment Act 2015 (2015 No 45)
p.000365:
p.000360: 360
p.000360:
p.000360:
p.000360: Reprinted as at
p.000360: 1 April 2019 Accident Compensation Act 2001
p.000360: Notes
p.000360:
p.000360: Accident Compensation Amendment Act (No 2) 2013 (2013 No 105)
p.000360: WorkSafe New Zealand Act 2013 (2013 No 94): section 22
p.000360: Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
p.000360: Crown Entities Amendment Act 2013 (2013 No 51): sections 42, 72
p.000360: Accident Compensation Amendment Act 2013 (2013 No 44)
p.000360: Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13): sections 65(1), 97
p.000360: Social Assistance (Living Alone Payments) Amendment Act 2013 (2013 No 11): section 16(1)
p.000360: Student Loan Scheme Amendment Act 2013 (2013 No 10): section 45
...
Social / Incarcerated
Searching for indicator prison:
(return to top)
p.000102: Schedule 1 to the claimant because of the death of another person, if the claimant has been charged with the
p.000102: murder of the other person.
p.000102: (3) The suspension lasts until the proceedings in respect of the charge are finally determined or the charge is
p.000102: withdrawn.
p.000102: (4) An entitlement provided to a claimant under Part 4 of Schedule 1 becomes a debt due to the Corporation, and
p.000102: may be recovered in any court of competent jurisdiction, if—
p.000102: (a) the Corporation has provided the entitlement because of the death of another person; and
p.000102:
p.000102:
p.000102:
p.000103: 103
p.000103:
p.000103:
p.000103:
p.000103:
p.000103: Part 4 s 121 Accident Compensation Act 2001
p.000103: Reprinted as at 1 April 2019
p.000103:
p.000103: (b) the claimant has been convicted by a court in New Zealand or another country of the murder of the other
p.000103: person.
p.000103: (5) In this section, murder—
p.000103: (a) means murder within the meaning of the Crimes Act 1961; and
p.000103: (b) includes any killing of a person outside New Zealand that would, if done in New Zealand, have amounted to
p.000103: murder.
p.000103: Compare: 1998 No 114 s 121
p.000103: Section 120(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000103: Amendment Act (No 2) 2005 (2005 No 45).
p.000103:
p.000103: 121 Disentitlement during imprisonment
p.000103: (1) The Corporation must not provide any entitlements under Part 2 or Part 4 of Schedule 1 to a claimant in
p.000103: respect of any period during which the claimant is a prisoner in any prison.
p.000103: (2) The Corporation is not required to undertake any assessments or make any pay- ments under Part 3 of Schedule 1
p.000103: to a claimant while the claimant is a prisoner in any prison.
p.000103: (3) In this section, prisoner and prison have the same meaning as in section 3(1) of the Corrections Act 2004.
p.000103: Compare: 1998 No 114 s 122
p.000103: Section 121(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
p.000103: Section 121(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000103: Amendment Act (No 2) 2005 (2005 No 45).
p.000103: Section 121(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
p.000103: Section 121(3): substituted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004
p.000103: No 50).
p.000103:
p.000103: 122 Disentitlement for certain imprisoned offenders
p.000103: (1) The Corporation must not provide any entitlements under Schedule 1 to a claimant if—
p.000103: (a) the claimant suffers a personal injury in the course of committing an offence; and
p.000103: (b) the offence is punishable by a maximum term of imprisonment of 2 years or more; and
p.000103: (c) the claimant is sentenced to imprisonment or home detention for com- mitting the offence; and
p.000103: (d) the Corporation would, but for this section, be liable to provide entitle- ments to the claimant for the
p.000103: personal injury.
p.000103: (2) In addition, the Corporation must not provide any entitlements under Schedule 1 to the following persons if
p.000103: the Corporation would, but for subsection (1), be liable to provide entitlements to any of them in relation to a
p.000103: deceased claim- ant’s personal injury:
p.000103:
p.000104: 104
p.000104:
p.000104:
p.000104: Reprinted as at
p.000104: 1 April 2019 Accident Compensation Act 2001
p.000104: Part 4 s 123
p.000104:
...
Searching for indicator restricted:
(return to top)
p.000027: the Corporation as at that date; and
p.000027: (c) claims of a type described in paragraph (a) or paragraph (b) that have been taken on by the
p.000027: Corporation, in accordance with section 7 of the Accident Insurance (Transitional Provisions) Act 2000, under an
p.000027: agree- ment with an insurer
p.000027: overpayment means an overpayment of the type described in section 248(1)(a)
p.000027: parental leave has the same meaning as in section 2(1) of the Parental Leave and Employment Protection Act 1987
p.000027: partner, in the phrase “spouse or partner” and in related contexts, has the meaning set out in section
p.000027: 18A(1) to (3); and, in relation to a deceased claim- ant, has the meaning set out in section 18A(4) to (6)
p.000027: PAYE income payment has the same meaning as in section RD 3(1) of the Income Tax Act 2007
p.000027: personal injury has the meaning set out in section 26
p.000027: personal injury caused by a work-related gradual process, disease, or infection has the meaning set out in
p.000027: section 30
p.000027:
p.000028: 28
p.000028:
p.000028:
p.000028: Reprinted as at
p.000028: 1 April 2019 Accident Compensation Act 2001
p.000028: Part 1 s 6
p.000028:
p.000028: personal injury covered by any former Act means—
p.000028: (a) personal injury covered by the Accident Insurance Act 1998:
p.000028: (b) personal injury covered by the Accident Rehabilitation and Compensa- tion Insurance Act 1992:
p.000028: (c) personal injury by accident covered by the Accident Compensation Act 1982 or the Accident Compensation Act
p.001972: 1972
p.001972: pharmaceutical means—
p.001972: (a) a prescription medicine, a restricted medicine, or a pharmacy-only medi- cine, as listed in Parts 1, 2, and 3
p.001972: of Schedule 1 of the Medicines Regula- tions 1984; or
p.001972: (b) a controlled drug as defined in the Misuse of Drugs Act 1975
p.001972: pharmacist means a health practitioner who—
p.001972: (a) is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health
p.001972: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy; and
p.001972: (b) holds a current practising certificate
p.001972: physiotherapist means a health practitioner who—
p.001972: (a) is, or is deemed to be, registered with the Physiotherapy Board con- tinued by section 114(1)(a)
p.001972: of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy;
p.001972: and
p.001972: (b) holds a current practising certificate
p.001972: place of education—
p.001972: (a) means—
p.001972: (i) a composite school or a secondary school as defined by section 2(1) of the Education Act 1989 or a
p.001972: secondary school registered under section 35A of that Act; and
p.001972: (ii) an institution, such as a polytechnic, teachers college, university or wananga, as defined by section
p.001972: 159(1) of the Education Act 1989; and
p.001972: (iii) a registered establishment as defined by section 159(1) of the Education Act 1989; and
p.001972: (b) includes any other prescribed place of education
...
Social / Linguistic Proficiency
Searching for indicator language:
(return to top)
p.000030: (b) includes any person referred to in paragraph (a) who holds an interim practising certificate but
p.000030: only when acting in accordance with any condi- tions of such interim certificate; and
p.000030: (c) includes a member of any occupational group included in the definition of registered health professional by
p.000030: regulations made under section 322
p.000030: Registrar, in relation to an appeal to the District Court under Part 5, means a Registrar of a specified registry; and
p.000030: includes a Deputy Registrar of a specified registry
p.000030: rehabilitation—
p.000030: (a) means a process of active change and support with the goal of restoring, to the extent provided under section
p.000030: 70, a claimant’s health, independ- ence, and participation; and
p.000030: (b) comprises treatment, social rehabilitation, and vocational rehabilitation
p.000030: road has the same meaning as in section 2(1) of the Land Transport Act 1998
p.000030: scope of practice has the same meaning as in section 5(1) of the Health Practi- tioners Competence Assurance Act 2003
p.000030: self-employed person means a natural person who has earnings as a self- employed person
p.000030: shareholder-employee means a natural person who is a shareholder in, and an employee of, a close company
p.000030: specified maximum, in relation to earnings, means the relevant prescribed maximum amount of earnings on which
p.000030: a levy is payable by or in respect of any person
p.000030: specified registry, in relation to an appeal under Part 5, means a registry of the District Court that is for the time
p.000030: being specified in regulations made under this Act for the purposes of sending or filing notices of appeal
p.000030: speech therapist means a member of the New Zealand Speech Language Therapists Association (Incorporated)
p.000030: spouse has the meaning set out in section 18(1) to (3); and, in relation to a deceased claimant, has the
p.000030: meaning set out in section 18(4) to (6)
p.000030:
p.000030:
p.000030:
p.000030:
p.000031: 31
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Part 1 s 6 Accident Compensation Act 2001
p.000031: Reprinted as at 1 April 2019
p.000031:
p.000031: suffers is affected in its interpretation by—
p.000031: (a) section 36 and clause 55 of Schedule 1, when it is used in relation to mental injury:
p.000031: (b) section 37 and clause 55 of Schedule 1, when it is used in relation to per- sonal injury caused by a
p.000031: work-related gradual process, disease, or infec- tion:
p.000031: (c) section 38 and clause 55 of Schedule 1, when it is used in relation to treatment injury or
p.000031: personal injury caused by medical misadventure
p.000031: tax year, in relation to any person, has the same meaning as in section YA 1 of the Income Tax Act 2007 for the
p.000031: purposes of furnishing a return of income under the Tax Administration Act 1994
p.000031: trade plate has the same meaning as in section 233(1) of the Land Transport Act 1998
p.000031: treatment includes—
p.000031: (a) physical rehabilitation:
p.000031: (b) cognitive rehabilitation:
p.000031: (c) an examination for the purpose of providing a certificate including the provision of the certificate
p.000031: treatment injury has the meaning set out in section 32
p.000031: Treatment Injury Account means the Account described in section 228
p.000031: treatment provider—
p.000031: (a) means an acupuncturist, audiologist, chiropractor, counsellor, dentist, medical laboratory
...
p.000269: achieving a rehabilitation outcome for the claimant.
p.000269: (3) This clause applies subject to any regulations made under this Act.
p.000269: Social rehabilitation
p.000269:
p.000269: 12 Definitions
p.000269: In clauses 13 to 23,—
p.000269: aid or appliance means any item likely to assist in restoring a claimant to inde- pendence
p.000269: attendant care—
p.000269: (a) means—
p.000269: (i) personal care; and
p.000269: (ii) assistance with cognitive tasks of daily living, such as communi- cation, orientation, planning, and task
p.000269: completion; and
p.000269: (iii) protection of the claimant from further injury in his or her ordin- ary environment; and
p.000269: (b) includes training a person to provide attendant care, if the Corporation agrees to fund the training; but
p.000269: (c) does not include child care, domestic activities, or home maintenance
p.000269: child—
p.000269: (a) means a child under 14 years; and
p.000269: (b) includes any other child, if the child needs child care because of his or her physical or mental condition
p.000269: communication means conveying and receiving information by using skills such as anger management,
p.000269: assertiveness, ability to concentrate, language, memory, numeracy, social awareness, social skills, speech
p.000269: production and development, and using communications technology
p.000269: domestic activities means cleaning, laundry, meal preparation, and associated shopping activities, in relation to the
p.000269: claimant’s home
p.000269: education support—
p.000269: (a) means the provision of support or assistance for a claimant to assist him or her to achieve independence in
p.000269: educational participation; and
p.000269: (b) includes resource preparation and planning assessed as necessary for the provision of that support or
p.000269: assistance
p.000269:
p.000269:
p.000269:
p.000269:
p.000269:
p.000270: 270
p.000270:
p.000270:
p.000270: Reprinted as at
p.000270: 1 April 2019 Accident Compensation Act 2001
p.000270: Schedule 1
p.000270:
p.000270: educational participation means participation within the claimant’s school day or period of attendance at an
p.000270: early childhood education service by a claim- ant who is—
p.000270: (a) entitled to free enrolment and free education under the Education Act 1989 and is—
p.000270: (i) enrolled at a registered school within the meaning of that Act; or
p.000270: (ii) exempted under section 21 or 22A of that Act from the require- ment to be enrolled; or
p.000270: (iii) exempted under section 26 (but not subsection (1)(b)(iii)) of that Act from attending a school; or
...
Social / Marital Status
Searching for indicator married:
(return to top)
p.000044: to subsection (4).
p.000044: (3) A person has a permanent place of residence in New Zealand if he or she, although absent from
p.000044: New Zealand, has been personally present in New Zea- land for a period or periods exceeding in the aggregate
p.000044: 183 days in the 12- month period immediately before last becoming absent from New Zealand. (A person personally
p.000044: present in New Zealand for part of a day is treated as being personally present in New Zealand for the whole of that
p.000044: day.)
p.000044: (4) A person does not cease to have a permanent place of residence in New Zea- land because he or she is
p.000044: absent from New Zealand primarily in connection with the duties of his or her employment, the remuneration for
p.000044: which is treated as income derived in New Zealand for New Zealand income tax purposes, or for 6 months following
p.000044: the completion of the period of employment outside New Zealand, so long as he or she intends to resume a place
p.000044: of residence in New Zealand.
p.000044: (5) A person is not ordinarily resident in New Zealand if he or she is in New Zea- land unlawfully within the
p.000044: meaning of the Immigration Act 2009. Any period during which a person is in New Zealand unlawfully is not
p.000044: counted as time spent in New Zealand for the purposes of subsection (3).
p.000044: Compare: 1998 No 114 s 24
p.000044: Section 17(1)(b): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
p.000044: Section 17(5): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
p.000044:
p.000044: 18 Spouse (and spouse in relation to deceased claimant)
p.000044: (1) Spouse means a person (person A) to whom the claimant is legally married.
p.000044: (2) However, person A is not the spouse of a claimant if—
p.000044: (a) person A and the claimant are living apart; and
p.000044: (b) the claimant is not contributing financially to person A’s welfare.
p.000044: (3) Subsection (2) does not apply if the circumstances set out in the subsection occurred principally
p.000044: because of the health, imprisonment, or employment obli- gations of either person A or the claimant.
p.000044: (4) Spouse, in relation to a deceased claimant, means a person (person B) to whom the deceased
p.000044: claimant was legally married immediately before his or her death.
p.000044: (5) However, person B is not the spouse of a deceased claimant if, at the time of the deceased claimant’s death,—
p.000044: (a) person B and the deceased claimant were living apart; and
p.000044: (b) the deceased claimant was not contributing financially to person B’s welfare.
p.000044:
p.000044:
p.000045: 45
p.000045:
p.000045:
p.000045:
p.000045:
p.000045: Part 1 s 18A Accident Compensation Act 2001
p.000045: Reprinted as at 1 April 2019
p.000045:
p.000045: (6) Subsection (5) does not apply if the circumstances set out in the subsection occurred principally
p.000045: because of the health, imprisonment, or employment obli- gations of either person B or the deceased claimant.
p.000045: Compare: 1998 No 114 s 25
p.000045: Section 18(1): substituted, on 26 April 2005, by section 4(1) of the Injury Prevention, Rehabilitation, and
p.000045: Compensation Amendment Act 2005 (2005 No 12).
p.000045: Section 18(4): substituted, on 26 April 2005, by section 4(2) of the Injury Prevention, Rehabilitation, and
p.000045: Compensation Amendment Act 2005 (2005 No 12).
p.000045:
p.000045: 18A Partner (and partner in relation to deceased claimant)
p.000045: (1) Partner means a person (person A) with whom the claimant is in a civil union or a de facto relationship.
p.000045: (2) However, person A is not the partner of a claimant if—
p.000045: (a) person A and the claimant are living apart; and
p.000045: (b) the claimant is not contributing financially to person A’s welfare.
p.000045: (3) Subsection (2) does not apply if the circumstances set out in the subsection occurred principally
...
Searching for indicator single:
(return to top)
p.000049: being heard or prevents a court from awarding the plaintiff general damages for the mental or nervous shock:
p.000049: (c) if the plaintiff continues the proceedings, the plaintiff must declare to the court any payments and
p.000049: entitlements received from the Corporation for the personal injury for which damages are sought, and the
p.000049: court must take those payments and entitlements into account in awarding the plain- tiff any damages:
p.000049:
p.000049:
p.000050: 50
p.000050:
p.000050:
p.000050: Reprinted as at
p.000050: 1 April 2019 Accident Compensation Act 2001
p.000050: Part 2 s 21B
p.000050:
p.000050: (d) on the date judgment is given in the proceedings, the plaintiff—
p.000050: (i) does not have cover under this section for the injury or injuries to which the proceedings relate; and
p.000050: (ii) must advise the Corporation of the judgment:
p.000050: (e) if the plaintiff loses cover by virtue of paragraph (a) or paragraph (d), the Corporation may not recover any
p.000050: part of an amount that is deemed by subsection (4)(a) to be an entitlement paid to the plaintiff under the 1992 Act.
p.000050: Section 21A: inserted, on 11 May 2005, by section 8 of the Injury Prevention, Rehabilitation, and Compensation
p.000050: Amendment Act (No 2) 2005 (2005 No 45).
p.000050: Section 21A(4)(c): amended, on 3 March 2010, by section 5(3) of the Accident Compensation Amendment Act
p.000050: 2010 (2010 No 1).
p.000050:
p.000050: 21B Cover for work-related mental injury
p.000050: (1) A person has cover for a personal injury that is a work-related mental injury if—
p.000050: (a) he or she suffers the mental injury inside or outside New Zealand on or after 1 October 2008; and
p.000050: (b) the mental injury is caused by a single event of a kind described in sub- section (2).
p.000050: (2) Subsection (1)(b) applies to an event that—
p.000050: (a) the person experiences, sees, or hears directly in the circumstances described in section 28(1); and
p.000050: (b) is an event that could reasonably be expected to cause mental injury to people generally; and
p.000050: (c) occurs—
p.000050: (i) in New Zealand; or
p.000050: (ii) outside New Zealand to a person who is ordinarily resident in New Zealand when the event occurs.
p.000050: (3) For the purposes of this section, it is irrelevant whether or not the person is ordinarily
p.000050: resident in New Zealand on the date on which he or she suffers the mental injury.
p.000050: (4) Section 36(1) describes how the date referred to in subsection (3) is deter- mined.
p.000050: (5) In subsection (2)(a), a person experiences, sees, or hears an event directly if that person—
p.000050: (a) is involved in or witnesses the event himself or herself; and
p.000050: (b) is in close physical proximity to the event at the time it occurs.
p.000050:
p.000050:
p.000050:
p.000050:
p.000051: 51
p.000051:
p.000051:
p.000051:
p.000051:
p.000051: Part 2 s 22 Accident Compensation Act 2001
p.000051: Reprinted as at 1 April 2019
p.000051:
p.000051: (6) To avoid doubt, a person does not experience, see, or hear an event directly if that person experiences,
p.000051: sees, or hears it through a secondary source, for example, by—
p.000051: (a) seeing it on television (including closed circuit television):
p.000051: (b) seeing pictures of, or reading about, it in news media:
p.000051: (c) hearing it on radio or by telephone:
p.000051: (d) hearing about it from radio, telephone, or another person.
p.000051: (7) In this section, event—
p.000051: (a) means—
p.000051: (i) an event that is sudden; or
p.000051: (ii) a direct outcome of a sudden event; and
p.000051: (b) includes a series of events that—
p.000051: (i) arise from the same cause or circumstance; and
p.000051: (ii) together comprise a single incident or occasion; but
p.000051: (c) does not include a gradual process.
p.000051: Section 21B: inserted, on 1 October 2008, by section 6 of the Injury Prevention, Rehabilitation, and Compensation
p.000051: Amendment Act 2008 (2008 No 46).
p.000051:
p.000051: 22 Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts or
p.000051: work-related mental injury)
p.000051: (1) A person has cover for a personal injury if—
p.000051: (a) he or she suffers the personal injury outside New Zealand on or after 1 April 2002; and
p.000051: (b) the personal injury is any of the kinds of injuries described in section 26(1)(a) or (b) or (c) or
p.000051: (e); and
p.000051: (c) the person is ordinarily resident in New Zealand when he or she suffers the personal injury; and
p.000051: (d) the personal injury is one for which the person would have cover if he or she had suffered it in New Zealand.
p.000051: (2) Subsection (1) applies subject to subsection (3).
p.000051: (3) A person has cover for treatment injury if he or she suffers the personal injury on or after 1 July 2005 as a
p.000051: result of treatment given to him or her while out- side New Zealand, but only if the circumstances described
p.000051: in subsection (4) exist.
p.000051: (4) The circumstances are—
p.000051: (a) the treatment is given by a person who has qualifications that are the same as or equivalent to
p.000051: those of a registered health professional; and
p.000051: (b) the personal injury would be personal injury caused by treatment if the treatment were given by or at the
p.000051: direction of the equivalent of a regis-
p.000051:
p.000052: 52
p.000052:
p.000052:
p.000052: Reprinted as at
...
p.000170:
p.000170: Reprinted as at
p.000170: 1 April 2019 Accident Compensation Act 2001
p.000170: Part 6 s 245
p.000170:
p.000170: (2) Subject to subsection (3), the Corporation may at any time alter or add to the determination made under
p.000170: subsection (1) if such action is necessary to ensure its correctness.
p.000170: (3) If a statement has been delivered in respect of any period and a levy has been paid in respect of that period,
p.000170: the Corporation has no power to make a deter- mination (if a determination has not been made), or alter a determination
p.000170: (if a determination has been made), after the expiration of 4 years beginning on the close of the tax year in
p.000170: which the statement was made unless that statement was, in the opinion of the Corporation, fraudulent or
p.000170: wilfully misleading.
p.000170: (4) The Corporation must give written notice of the determination or alteration of the determination under this
p.000170: section to the person or persons to whom it applies and that person or persons are liable to pay the determined or
p.000170: altered levy, and any specified penalty, on the date specified in the notice of decision.
p.000170: Compare: 1998 No 114 s 314
p.000170: Section 243(3): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context
p.000170: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000170:
p.000170: 244 Amounts of levy exempt from payment
p.000170: (1) This section applies if—
p.000170: (a) an invoice is issued for the purpose of this Act (whether or not only for that purpose or also for the purpose
p.000170: of any other enactment) that shows an amount payable under this Act for a single type of levy or for 2 or more
p.000170: different types of levy; and
p.000170: (b) the amount invoiced for the purpose of this Act does not exceed the rele- vant exempt amount set by
p.000170: regulations made under this Act for the pur- pose of this section.
p.000170: (2) If this section applies,—
p.000170: (a) no person is liable to pay the amount of the levy or levies shown on the invoice for the purpose of this Act;
p.000170: and
p.000170: (b) no person is liable to pay any penalties under this Act in respect of non- payment of the levy or levies.
p.000170: Section 244: substituted, on 1 April 2006, by section 44 of the Injury Prevention, Rehabilitation, and Compensation
p.000170: Amendment Act (No 2) 2005 (2005 No 45).
p.000170:
p.000170: 245 Agent to whom levies may be paid
p.000170: (1) If the Corporation so requires, a person must pay levies (or any part of any levy) payable under
p.000170: this Act to the Commissioner as agent for the Corporation.
p.000170: (2) The Commissioner must, after deducting any agreed collection fee, pay the bal- ance of levies to the
p.000170: Corporation not later than the end of the month following the month in which those levies are received.
p.000170: (3) The Commissioner must, after deducting any agreed collection fee, pay to the Corporation, at intervals
p.000170: agreed between the Commissioner and the Corpor-
p.000170:
p.000170:
p.000171: 171
p.000171:
p.000171:
p.000171:
p.000171:
p.000171: Part 6 s 246 Accident Compensation Act 2001
p.000171: Reprinted as at 1 April 2019
p.000171:
p.000171: ation, penalties payable in respect of combined tax and earner levy deductions as is estimated by the Commissioner
p.000171: to be attributable to earner levy deduc- tions.
...
p.000224: (i) the fuels in respect of which the levy is payable:
p.000224: (ii) the category or categories of any fuel in respect of which the levy is payable:
p.000224: (iii) the rate or rates at which the levy is payable:
p.000224: (iv) the manner in which the levy is to be collected and paid to the Corporation:
p.000224:
p.000224:
p.000224:
p.000225: 225
p.000225:
p.000225:
p.000225:
p.000225:
p.000225: Part 9 s 329 Accident Compensation Act 2001
p.000225: Reprinted as at 1 April 2019
p.000225:
p.000225: (v) the persons or classes of person who are entitled to a refund under section 255(1A), the extent to which any
p.000225: amount of levy may be refunded, the manner in which persons must apply for a refund, and the manner in which
p.000225: refunds are to be paid:
p.000225: (l) establishing a system for differential levies, for the purposes of the Motor Vehicle Account, for
p.000225: categories referred to in—
p.000225: (i) section 216(1); or
p.000225: (ii) section 216(2):
p.000225: (m) setting, in relation to a prescribed period, a portion of the Work Account, the Motor Vehicle Account, or the
p.000225: Earners’ Account that is necessary to achieve,—
p.000225: (i) [Repealed]
p.000225: (ii) [Repealed]
p.000225: (iii) [Repealed]
p.000225: (ma) prescribing the manner of payment of the Motorcycle Safety levy for the purposes of section 217(3):
p.000225: (n) prescribing classes of levy payers for the purposes of the Treatment Injury Account:
p.000225: (o) prescribing exempt amounts of levy for the purpose of section 244, which amounts may differ
p.000225: depending on whether the amount invoiced is for—
p.000225: (i) a single type of levy; or
p.000225: (ii) 2 or more different types of levies; or
p.000225: (iii) both.
p.000225: (2) Regulations made under subsection (1)(ca) may—
p.000225: (a) specify the types of claims to which the system or systems of experience rating or of risk sharing referred to
p.000225: in section 169(2) apply; and
p.000225: (b) make different provision for different classes of levy payers or in respect of different industries or levies.
p.000225: Compare: 1998 No 114 s 407
p.000225: Section 329(1)(b): substituted, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilita- tion, and
p.000225: Compensation Amendment Act 2007 (2007 No 8).
p.000225: Section 329(1)(b)(ii): amended, on 3 March 2010, by section 45(1) of the Accident Compensation Amendment Act 2010 (2010
p.000225: No 1).
p.000225: Section 329(1)(ca): inserted, on 3 March 2010, by section 45(2) of the Accident Compensation Amendment Act
p.000225: 2010 (2010 No 1).
p.000225: Section 329(1)(g): amended, on 3 March 2010, by section 45(3) of the Accident Compensation Amendment Act
p.000225: 2010 (2010 No 1).
p.000225: Section 329(1)(h): amended, on 3 March 2010, by section 45(4) of the Accident Compensation Amendment Act
p.000225: 2010 (2010 No 1).
p.000225:
p.000225:
p.000226: 226
p.000226:
p.000226:
p.000226: Reprinted as at
p.000226: 1 April 2019 Accident Compensation Act 2001
p.000226: Part 9 s 331
p.000226:
p.000226: Section 329(1)(j): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilita- tion, and
p.000226: Compensation Amendment Act 2007 (2007 No 8).
p.000226: Section 329(1)(k): substituted, on 28 June 2003, by section 12 of the Injury Prevention, Rehabilita- tion, and
p.000226: Compensation Amendment Act 2003 (2003 No 29).
...
p.000295: (1) This clause applies to a claimant who—
p.000295: (a) was, immediately before his or her incapacity commenced,—
p.000295: (i) in the category of earners liable to pay the minimum levy set in regulations made for the purposes of section
p.000295: 168B; or
p.000295:
p.000296: 296
p.000296:
p.000296:
p.000296: Reprinted as at
p.000296: 1 April 2019 Accident Compensation Act 2001
p.000296: Schedule 1
p.000296:
p.000296: (ii) an earner in full-time employment; and
p.000296: (b) had weekly earnings calculated under clause 41 or, if that clause does not apply, under any of
p.000296: clauses 34, 36, 38, or 39 of less than the min- imum weekly earnings as determined under subclause (3); and
p.000296: (c) is incapacitated for more than 5 weeks after the incapacity first com- menced.
p.000296: (2) For the purpose of calculating weekly compensation for loss of earnings pay- able to the claimant for any
p.000296: period after the 5-week period, the claimant is deemed to have had, immediately before his or her incapacity
p.000296: commenced, the minimum weekly earnings as determined under subclause (3).
p.000296: (3) The minimum weekly earnings are—
p.000296: (a) for a person under 18 years of age, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person under the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (b) for a person 18 years of age or over, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person over the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (4) [Repealed]
p.000296: (5) [Repealed]
p.000296: (6) [Repealed]
p.000296: (7) Subclause (2) does not apply to any period unless the Corporation is satisfied that, but for the incapacity,
p.000296: the claimant would have been an earner in full-time employment during that period.
p.000296: (8) Subclause (2) does not apply if the claimant has an entitlement under any other provision of this schedule to
p.000296: weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.
p.000296:
p.000296:
p.000296:
p.000297: 297
p.000297:
p.000297:
p.000297:
p.000297:
p.000297: Schedule 1 Accident Compensation Act 2001
p.000297: Reprinted as at 1 April 2019
p.000297:
p.000297: (9) Nothing in this clause is affected by the claimant’s entitlement to any weekly compensation under any of
p.000297: clauses 66, 70, and 71.
p.000297: Compare: 1998 No 114 Schedule 1 cl 18
p.000297: Schedule 1 clause 42(1)(a)(i): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and
p.000297: Compensation Amendment Act 2007 (2007 No 8).
p.000297: Schedule 1 clause 42(1)(b): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000297: (2010 No 1).
...
p.000307: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000307: Schedule 1 clause 55(6): added, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000307: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000307:
p.000307:
p.000307:
p.000307:
p.000307:
p.000308: 308
p.000308:
p.000308:
p.000308: Reprinted as at
p.000308: 1 April 2019 Accident Compensation Act 2001
p.000308: Schedule 1
p.000308:
p.000308: 55A Certain persons may elect to receive either lump sum compensation or independence allowance: assessment,
p.000308: notification, and election
p.000308: (1) The Corporation must, to enable a person to make an election under subclause (4), determine whether the
p.000308: person meets the criteria for entitlement to both lump sum compensation (under clauses 57 to 60) and an
p.000308: independence allow- ance (under clauses 58 to 60 of Schedule 1 of the Accident Insurance Act 1998).
p.000308: (2) However, a determination under subclause (1) is required only if the person—
p.000308: (a) suffered a personal injury caused by a work-related gradual process, dis- ease, or infection in the
p.000308: circumstances described in section 30(2); and
p.000308: (b) last performed the task or was employed in the environment in those cir- cumstances before 1 April 2002; and
p.000308: (c) suffered the personal injury on or after the date on which section 33 of the Injury Prevention,
p.000308: Rehabilitation, and Compensation Amendment Act 2008 came into force.
p.000308: (3) The Corporation must, after complying with subclause (1),—
p.000308: (a) make a decision (which, to avoid doubt, is to be treated as a single deci- sion) as to whether the person has,
p.000308: for the purposes of an election under subclause (4), an entitlement to both lump sum compensation and an
p.000308: independence allowance; and
p.000308: (b) notify the person of its decision, in accordance with section 64, and include with that
p.000308: notification information about—
p.000308: (i) the Corporation’s assessment of the person’s degree of whole-per- son impairment; and
p.000308: (ii) the amounts of lump sum compensation and independence allow- ance that the person would, if he or she
p.000308: elected to receive that compensation or allowance, be entitled to receive; and
p.000308: (iii) the Corporation’s estimate of the period for which the person would need to receive an independence
p.000308: allowance for that allow- ance to equal the value of the lump sum compensation that would be payable to the person,
p.000308: calculated using appropriate actuarial methodology; and
p.000308: (c) inform the person—
p.000308: (i) that he or she is entitled to elect which of the entitlements he or she wishes to receive; and
p.000308: (ii) of the matters specified in subclause (4).
p.000308: (4) A person who is assessed as having an entitlement to either lump sum compen- sation or an independence
p.000308: allowance—
p.000308: (a) may, within 60 days of being given notification in accordance with sec- tion 64, elect which entitlement he or
p.000308: she wishes to receive; or
p.000308:
p.000309: 309
p.000309:
p.000309:
p.000309:
p.000309:
p.000309: Schedule 1 Accident Compensation Act 2001
p.000309: Reprinted as at 1 April 2019
p.000309:
p.000309: (b) is, if no election is made within 60 days, deemed to have elected to receive an independence
...
Social / Occupation
Searching for indicator occupation:
(return to top)
p.000029: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of podiatry; and
p.000029: (b) holds a current practising certificate
p.000029: potential earner means a claimant who either—
p.000029: (a) suffered personal injury before turning 18 years; or
p.000029: (b) suffered personal injury while engaged in full-time study or training that began before the claimant turned 18
p.000029: years and continued uninterrupted until after the claimant turned 18 years
p.000029: practicable, in relation to rehabilitation, means practicable after considering and balancing the following:
p.000029: (a) the nature and consequences of the injury:
p.000029: (b) the achievement of rehabilitation outcomes:
p.000029: (c) costs:
p.000029: (d) cost effectiveness:
p.000029: (e) the availability of other forms of rehabilitation:
p.000029: (f) other relevant factors
p.000029: practising certificate means an annual practising certificate issued by the rele- vant authority under section
p.000029: 26(3) or section 29(4), or deemed to have been issued under section 191(2), of the Health Practitioners
p.000029: Competence Assurance Act 2003
p.000029: private domestic worker means a person—
p.000029: (a) who is employed by any other person where—
p.000029: (i) the employer is the occupier or one of the occupiers of a dwelling- house or other premises used exclusively
p.000029: for residential purposes; and
p.000029: (ii) the employment is for the performance of work in or about the dwellinghouse or premises or the
p.000029: garden or grounds belonging to the dwellinghouse or premises; and
p.000029: (iii) the employment is not in relation to any business carried on by the employer or to any occupation or calling
p.000029: of the employer; and
p.000029: (iv) the employment is not regular full-time employment; and
p.000029: (b) to whom section RD 4 of the Income Tax Act 2007 (obligation to make own tax deductions) applies
p.000029:
p.000029:
p.000030: 30
p.000030:
p.000030:
p.000030: Reprinted as at
p.000030: 1 April 2019 Accident Compensation Act 2001
p.000030: Part 1 s 6
p.000030:
p.000030: public health acute services means services (as defined in regulations made under section 322(2)) that are
p.000030: purchased through the Minister of Health and provided by a publicly funded provider
p.000030: registered health professional—
p.000030: (a) means a chiropractor, clinical dental technician, dental technician, den- tist, medical laboratory
p.000030: technologist, medical practitioner, medical radi- ation technologist, midwife, nurse, nurse practitioner,
p.000030: occupational therapist, optometrist, pharmacist, physiotherapist, or podiatrist; and
p.000030: (b) includes any person referred to in paragraph (a) who holds an interim practising certificate but
p.000030: only when acting in accordance with any condi- tions of such interim certificate; and
p.000030: (c) includes a member of any occupational group included in the definition of registered health professional by
p.000030: regulations made under section 322
p.000030: Registrar, in relation to an appeal to the District Court under Part 5, means a Registrar of a specified registry; and
p.000030: includes a Deputy Registrar of a specified registry
p.000030: rehabilitation—
p.000030: (a) means a process of active change and support with the goal of restoring, to the extent provided under section
p.000030: 70, a claimant’s health, independ- ence, and participation; and
...
p.000058: (2) The circumstances are—
p.000058: (a) the person—
p.000058: (i) performs an employment task that has a particular property or characteristic; or
p.000058: (ii) is employed in an environment that has a particular property or characteristic; and
p.000058: (b) the particular property or characteristic—
p.000058: (i) causes, or contributes to the cause of, the personal injury; and
p.000058: (ii) is not found to any material extent in the non-employment activ- ities or environment of the person; and
p.000058: (iii) may or may not be present throughout the whole of the person’s employment; and
p.000058: (c) the risk of suffering the personal injury—
p.000058: (i) is significantly greater for persons who perform the employment task than for persons who do not perform it;
p.000058: or
p.000058: (ii) is significantly greater for persons who are employed in that type of environment than for persons who are
p.000058: not.
p.000058: (2A) [Repealed]
p.000058: (3) Personal injury caused by a work-related gradual process, disease, or infection includes personal
p.000058: injury that is—
p.000058: (a) of a type described in Schedule 2; and
p.000058: (b) suffered by a person who is or has been in employment—
p.000058: (i) that involves exposure, or the prescribed level or extent of expos- ure, to agents, dusts, compounds,
p.000058: substances, radiation, or things (as the case may be) described in that schedule in relation to that type of personal
p.000058: injury; or
p.000058: (ii) in an occupation, industry, or process described in that schedule in relation to that type of personal
p.000058: injury.
p.000058:
p.000058:
p.000058:
p.000058:
p.000059: 59
p.000059:
p.000059:
p.000059:
p.000059:
p.000059: Part 2 s 30 Accident Compensation Act 2001
p.000059: Reprinted as at 1 April 2019
p.000059:
p.000059: (3A) To avoid doubt, where a claim is lodged for cover for a work-related gradual process, disease, or infection,
p.000059: section 57 applies to require, among other things, the Corporation to investigate the claim at its own expense.
p.000059: (4) Personal injury of a type described in subsection (3) does not require an assess- ment of causation under
p.000059: subsection (1)(b) or (c).
p.000059: (4A) This Act covers personal injury caused by a work-related gradual process, dis- ease, or infection only if—
p.000059: (a) the exposure to the gradual process, disease, or infection actually occur- red in New Zealand; or
p.000059: (b) the person concerned was ordinarily resident in New Zealand when the exposure actually occurred.
p.000059: (5) Personal injury caused by a work-related gradual process, disease, or infection does not include—
p.000059: (a) personal injury related to non-physical stress; or
p.000059: (b) any degree of deafness for which compensation has been paid under the Workers’ Compensation Act 1956.
p.000059: (6) Subsection (7) applies if, before 1 April 1974, the person—
p.000059: (a) performed an employment task that had a particular property or charac- teristic; or
p.000059: (b) was employed in an environment that had a particular property or char- acteristic.
...
p.000120: (1) The court may order that the only persons who may be present during the hear- ing of an appeal are—
p.000120: (a) the Judge; and
p.000120:
p.000120:
p.000121: 121
p.000121:
p.000121:
p.000121:
p.000121:
p.000121: Part 5 s 160 Accident Compensation Act 2001
p.000121: Reprinted as at 1 April 2019
p.000121:
p.000121: (b) any assessor; and
p.000121: (c) officers of the court; and
p.000121: (d) the parties and their representatives; and
p.000121: (e) any other person who is entitled to appear and be heard, and his or her representative; and
p.000121: (f) witnesses; and
p.000121: (g) any other person whom the Judge permits to be present.
p.000121: (2) The court may make an order under subsection (1)—
p.000121: (a) on its own initiative or on the application of a party or any other person who is entitled to appear and be
p.000121: heard; and
p.000121: (b) if it considers it necessary and appropriate to do so to protect the privacy of a party or any other person
p.000121: who is entitled to appear and be heard, but the court may not make the order to protect the Corporation.
p.000121: Compare: 1998 No 118 s 162
p.000121:
p.000121: 160 Court may make order prohibiting publication
p.000121: (1) The court may make—
p.000121: (a) an order forbidding publication of any report or account of the whole or part of—
p.000121: (i) the evidence adduced; or
p.000121: (ii) the submissions made:
p.000121: (b) an order forbidding the publication of the name, address, or occupation, or particulars likely to lead to the
p.000121: identification, of—
p.000121: (i) a party to the appeal; or
p.000121: (ii) a person who is entitled to appear and be heard; or
p.000121: (iii) a witness.
p.000121: (2) The court may make an order under subsection (1) if it is of the opinion that it is necessary and appropriate
p.000121: to do so to protect the privacy of a person referred to in subsection (1)(b), but the court may not make the order to
p.000121: protect the Cor- poration.
p.000121: (3) An order under subsection (1)—
p.000121: (a) may be made for a limited period or permanently; and
p.000121: (b) if made for a limited period, may be renewed for a further period or periods; and
p.000121: (c) if made permanently, may be reviewed by the court at any time.
p.000121: (4) Every person who commits a breach of any order made under subsection (1) or evades or attempts to evade any
p.000121: such order commits an offence and is liable on conviction,—
p.000121:
p.000121:
p.000122: 122
p.000122:
p.000122:
p.000122: Reprinted as at
p.000122: 1 April 2019 Accident Compensation Act 2001
p.000122: Part 5 s 162
p.000122:
p.000122: (a) in the case of an individual, to a fine not exceeding $1,000:
p.000122: (b) in the case of a body corporate, to a fine not exceeding $5,000.
p.000122: Compare: 1998 No 114 s 163
p.000122:
p.000122: 161 Decisions on appeal
p.000122: (1) The court must determine an appeal by—
p.000122: (a) dismissing the appeal; or
p.000122: (b) modifying the review decision; or
...
p.000302: pay to a claimant is $1,341.31 a week, whatever amount is calculated under this schedule.
p.000302: (2) The maximum amount specified in subclause (1) must be adjusted in the man- ner provided in section 115.
p.000302: Compare: 1998 No 114 Schedule 1 cl 21
p.000302:
p.000302: Corporation to pay weekly compensation to potential earners
p.000302: 47 Corporation to pay weekly compensation for loss of potential earnings capacity
p.000302: (1) The Corporation is liable to pay weekly compensation for loss of potential earning capacity to a
p.000302: claimant who—
p.000302: (a) has an incapacity resulting from a personal injury; and
p.000302: (b) was a potential earner immediately before his or her incapacity com- menced; and
p.000302: (c) is 18 years or over; and
p.000302: (d) is not engaged in full-time study or training; and
p.000302: (e) does not have earnings in excess of the amount of minimum weekly earnings determined under clause
p.000302: 42(3).
p.000302: (1A) For the purposes of subclause (1)(d), full-time study or training—
p.000302: (a) includes any full-time course or training leading to an educational or vocational qualification
p.000302: approved by the New Zealand Qualifications Authority that would be likely to enhance the employment
p.000302: prospects, either generally or in respect of any particular profession or occupation, of a person who has attained that
p.000302: qualification; but
p.000302: (b) does not include full-time study or training in living or social skills.
p.000302: (2) The weekly compensation payable is 80% of the claimant’s weekly earnings calculated under this
p.000302: clause.
p.000302: (3) The weekly compensation is payable when the claimant has been incapacitated for at least 6 months.
p.000302: (4) For the purpose of calculating the claimant’s weekly compensation, the claim- ant’s weekly earnings are deemed
p.000302: to be the amount of weekly earnings deter- mined under clause 42(3).
p.000302: (5) This clause does not apply if the claimant has an entitlement under any other provision of this schedule to
p.000302: weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.
p.000302:
p.000302:
p.000303: 303
p.000303:
p.000303:
p.000303:
p.000303:
p.000303: Schedule 1 Accident Compensation Act 2001
p.000303: Reprinted as at 1 April 2019
p.000303:
p.000303: (6) A claimant does not have any entitlement to weekly compensation for loss of earnings, if he or she has an
p.000303: entitlement under this clause to weekly compensa- tion for loss of potential earning capacity that is greater than any
p.000303: entitlement he or she has to weekly compensation for loss of earnings under any other provi- sion of this schedule.
p.000303: (7) This clause is subject to clauses 49 to 53.
p.000303: Compare: 1998 No 114 Schedule 1 cl 22
p.000303: Schedule 1 clause 47(1A): inserted, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000303: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
...
Social / Police Officer
Searching for indicator officer:
(return to top)
p.000023: 5(1)(b)(iii), (6)(b), or (c) of the Income Tax Act 2007
p.000023: employment—
p.000023: (a) means work engaged in or carried out for the purposes of pecuniary gain or profit; and
p.000023: (b) in the case of an employee, includes a period of paid leave, other than paid leave on the termination of
p.000023: employment
p.000023: entitlement means the entitlements described or referred to in section 69
p.000023: financial year means a period of 12 months ending with 30 June
p.000023: first week compensation means compensation payable under section 97
p.000023: first week of incapacity means the period—
p.000023: (a) starting,—
p.000023: (i) in a case where there are separate periods of incapacity resulting from the same personal injury, on
p.000023: the day on which the initial period of incapacity commences; or
p.000023: (ii) in any other case, on the day on which an incapacity resulting from a personal injury first
p.000023: commences; and
p.000023: (b) ending with the close of the sixth day after that day
p.000023: foreign representative means any person who is not a permanent resident of New Zealand and who is present in New
p.000023: Zealand for the sole purpose of per- forming the person’s duties—
p.000023: (a) either as a member of the staff of a diplomatic mission of any State (within the meaning of
p.000023: the Diplomatic Privileges and Immunities Act 1968) or as a member of a consular post of any State (within the
p.000023: mean- ing of the Consular Privileges and Immunities Act 1971); or
p.000023: (b) as a representative or officer or employee of the Government of any country other than New Zealand;
p.000023: or
p.000023:
p.000023:
p.000023:
p.000024: 24
p.000024:
p.000024:
p.000024: Reprinted as at
p.000024: 1 April 2019 Accident Compensation Act 2001
p.000024: Part 1 s 6
p.000024:
p.000024: (c) as a representative or officer or employee of any international organisa- tion or of the Commonwealth
p.000024: Secretariat or of any organ of an inter- national organisation or the Commonwealth Secretariat; or
p.000024: (d) as a representative at any conference convened in New Zealand by an international organisation or
p.000024: by the Commonwealth Secretariat
p.000024: former Act includes the Accident Insurance Act 1998, the Accident Rehabili- tation and Compensation Insurance Act 1992,
p.000024: the Accident Compensation Act 1982, and the Accident Compensation Act 1972
p.000024: full-time employment, in relation to an earner, means employment in the 4 weeks immediately before his or
p.000024: her incapacity commenced, for either—
p.000024: (a) an average of at least 30 hours per week; or
p.000024: (b) a lesser number of hours, if the lesser number of hours is defined as full- time employment in the employment
p.000024: agreement under which the earner was employed, because of the particular nature of that employment
p.000024: full-time study means a course of study recognised as full-time by the place of education that administers it
p.000024: government agency, for the purposes of Part 8 and section 324(4)(b)(ii), includes a government department and
p.000024: a Crown entity
p.000024: health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015
p.000024: health practitioner—
p.000024: (a) means a person who is, or is deemed to be, registered with an authority established or continued by section
p.000024: 114 of the Health Practitioners Com- petence Assurance Act 2003 as a practitioner of a particular health pro- fession;
p.000024: but
...
p.000178: payment is to be applied, the Corporation—
p.000178: (a) may apply the payment to such Account or levy that the Corporation sees fit; and
p.000178: (b) must notify the person accordingly.
p.000178: Compare: SR 1999/196 r 22(2)
p.000178:
p.000178: 257 Application of sections 248, 249, and 254 to third parties
p.000178: Sections 248, 249, and 254 apply in respect of any sum of money paid or applied under an agreement or
p.000178: contract or arrangement between the Corpor- ation and a third party (who is a person other than the person who
p.000178: suffered the personal injury concerned) to provide treatment or other entitlement in respect of personal injury
p.000178: covered by this Act as if that sum were a sum of money received from the Corporation by the person who
p.000178: suffered that personal injury.
p.000178: Compare: 1998 No 114 s 325
p.000178:
p.000178: 258 Production of documents
p.000178: (1) The production of any document under the seal of the Corporation, or under the hand of any person authorised
p.000178: for the purpose by the Corporation or an agent of the Corporation, purporting to be a copy of or extract from any
p.000178: statement relating to earnings or from any assessment or amended assessment of levies under this Part, is in all
p.000178: courts and all proceedings (including reviews or appeals conducted under this Act) sufficient evidence of the
p.000178: original, and the production of the original is not necessary.
p.000178: (2) All courts and persons conducting reviews or appeals under this Act must, in all proceedings, take judicial
p.000178: notice of the seal of the Corporation, and of the signature of any officer or agent of the Corporation duly authorised
p.000178: for the pur- pose, either to the original or to any such copy or extract.
p.000178: Compare: 1998 No 114 s 326
p.000178:
p.000178:
p.000178:
p.000178:
p.000178:
p.000178:
p.000178:
p.000179: 179
p.000179:
p.000179:
p.000179:
p.000179:
p.000179: Part 7 s 259 Accident Compensation Act 2001
p.000179: Reprinted as at 1 April 2019
p.000179:
p.000179: Part 7
p.000179: Accident Compensation Corporation
p.000179: The Corporation
p.000179: 259 Accident Compensation Corporation
p.000179: (1) The Accident Compensation Corporation established by the Accident Insur- ance Act 1998 is continued.
p.000179: (2) The Corporation is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
p.000179: (3) The Crown Entities Act 2004 applies to the Corporation except to the extent that this Act expressly provides
p.000179: otherwise.
p.000179: (4) The Corporation is a local authority for the purposes of section 73 of the Public Finance Act 1989.
p.000179: (5) The Corporation is exempt from income tax.
p.000179: Compare: 1998 No 114 s 328
p.000179: Section 259(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000179: (2004 No 115).
p.000179: Section 259(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000179: (2004 No 115).
p.000179: Section 259(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000179: (2004 No 115).
p.000179:
p.000179: 260 Powers of Corporation
p.000179: [Repealed]
p.000179: Section 260: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000179: No 115).
p.000179:
...
p.000192: Innovation, and Employment, health and safety regula- tors, the Department of Corrections, the New Zealand
p.000192: Customs Service, the department for the time being responsible for the administration of the Social Security Act
p.000192: 2018, the Ministry of Health, any funder, and any district health board (in this section each called the Department) to
p.000192: the Corporation for the purpose of verifying—
p.000192: (a) the entitlement or eligibility of any person to or for any payment; or
p.000192: (b) the amount of any payment to which any person is or was entitled or for which any person is or was eligible.
p.000192:
p.000192:
p.000193: 193
p.000193:
p.000193:
p.000193:
p.000193:
p.000193: Part 7 s 281 Accident Compensation Act 2001
p.000193: Reprinted as at 1 April 2019
p.000193:
p.000193: (3) For the purpose of this section, the Corporation may from time to time, in accordance with
p.000193: arrangements made between the Corporation and the Depart- ment concerned, request the Department to supply, in respect
p.000193: of persons who are receiving, have received, or have applied to receive any payment—
p.000193: (a) such biographical information as is sufficient to identify those persons, including their addresses; and
p.000193: (b) such details of those persons held by that Department as are necessary for the purposes of this section; and
p.000193: (c) such information and details referred to in paragraphs (a) and (b) as may be necessary for the purposes of
p.000193: this section in respect of persons who are receiving, have received, or have applied to receive any rehabilita- tion.
p.000193: (4) On receipt of a request made under subsection (3), the Department may supply the information requested to any
p.000193: officer or employee or agent of the Corpor- ation who is authorised in that behalf by the Corporation.
p.000193: (5) Information supplied under a request made under subsection (3) may be sup- plied in such form as is determined
p.000193: by agreement between the Corporation and the Department concerned.
p.000193: Compare: 1998 No 114 s 353
p.000193: Section 280(2): amended, on 26 November 2018, by section 459 of the Social Security Act 2018
p.000193: (2018 No 32).
p.000193: Section 280(2): amended, on 4 April 2016, by section 14 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000193: Section 280(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
p.000193:
p.000193: 281 Disclosure of information by Corporation for benefit and benefit debt recovery purposes
p.000193: (1) In this section, unless the context otherwise requires, benefit means any of the following:
p.000193: (a) a benefit as defined in Schedule 2 of the Social Security Act 2018:
p.000193: (b) a funeral grant lump sum payable under section 90 of that Act:
p.000193: (c) any special assistance payable under a programme approved under sec- tion 100 or 101 of that Act:
p.000193: (d) an allowance established by regulations made under section 303 of the Education Act 1989.
p.000193: (2) The purpose of this section is to facilitate the disclosure of information by the Corporation to the
p.000193: department for the time being responsible for the adminis- tration of the Social Security Act 2018 for all or any of
p.000193: the following purposes:
p.000193: (a) to verify the entitlement or eligibility of any person to or for any benefit:
p.000193:
p.000193:
p.000193:
p.000193:
p.000194: 194
p.000194:
p.000194:
p.000194: Reprinted as at
p.000194: 1 April 2019 Accident Compensation Act 2001
p.000194: Part 7 s 282
p.000194:
p.000194: (b) to verify the amount of any benefit to which a person is or was entitled or for which a person is or was
p.000194: eligible:
p.000194: (c) to enable the recovery of any debt due to the Crown in respect of any benefit.
p.000194: (3) For the purpose of this section, the chief executive of the department for the time being responsible for the
p.000194: administration of the Social Security Act 2018 may from time to time, in accordance with arrangements made
p.000194: from time to time between that chief executive and the Corporation, request the Corporation to supply, in respect
p.000194: of persons who are receiving compensation based on weekly earnings,—
p.000194: (a) such biographical information as is sufficient to identify those persons, including their addresses; and
p.000194: (b) such details of the entitlement of those persons to receive compensation based on weekly earnings as are
p.000194: necessary for the purposes of this sec- tion.
p.000194: (4) On receipt of a request made under subsection (3), the Corporation may supply the information requested to
p.000194: any officer or employee or agent of the chief executive of the department for the time being responsible for
p.000194: the administra- tion of the Social Security Act 2018 who is authorised in that behalf by that chief executive.
p.000194: (5) Information supplied under a request made under subsection (3) may be sup- plied in such form as is determined
p.000194: by agreement between the Corporation and the chief executive of the department for the time being responsible
p.000194: for the administration of the Social Security Act 2018.
p.000194: Compare: 1998 No 114 s 354
p.000194: Section 281 heading: amended, on 9 April 2008, by section 5(1) of the Injury Prevention, Rehabilita- tion, and
p.000194: Compensation (Social Assistance) Amendment Act 2008 (2008 No 26).
p.000194: Section 281(1): replaced, on 26 November 2018, by section 459 of the Social Security Act 2018
p.000194: (2018 No 32).
p.000194: Section 281(2): substituted, on 9 April 2008, by section 5(2) of the Injury Prevention, Rehabilitation, and
p.000194: Compensation (Social Assistance) Amendment Act 2008 (2008 No 26).
p.000194: Section 281(2): amended, on 26 November 2018, by section 459 of the Social Security Act 2018
p.000194: (2018 No 32).
p.000194: Section 281(3): amended, on 26 November 2018, by section 459 of the Social Security Act 2018
p.000194: (2018 No 32).
p.000194: Section 281(4): amended, on 26 November 2018, by section 459 of the Social Security Act 2018
p.000194: (2018 No 32).
p.000194: Section 281(5): amended, on 26 November 2018, by section 459 of the Social Security Act 2018
p.000194: (2018 No 32).
p.000194:
p.000194: 282 Disclosure of information by Corporation for health purposes
p.000194: (1) The purpose of this section is to facilitate the disclosure of information between the Corporation
p.000194: and the Ministry of Health and district health boards for the purposes specified in subsection (2).
p.000194:
p.000195: 195
p.000195:
p.000195:
p.000195:
p.000195:
p.000195: Part 7 s 283 Accident Compensation Act 2001
p.000195: Reprinted as at 1 April 2019
p.000195:
p.000195: (2) The purposes are—
p.000195: (a) to facilitate the calculation of the funding required for the provision of public health acute services; and
p.000195: (b) to facilitate the auditing and monitoring of the provision of treatment, under this Act and
p.000195: otherwise, by registered health professionals.
p.000195: (3) Disclosure of information under this section must not affect any entitlements provided to any claimant.
p.000195: (4) The Director-General of Health and the chief executive of a district health board may request
p.000195: information from the Corporation under this section.
p.000195: (5) The persons about whom they may request information under this section are persons who have received, are
p.000195: receiving, or have applied to receive any treat- ment to which those persons are entitled.
p.000195: (6) The information they may request is—
p.000195: (a) such biographical information as is sufficient to identify those persons, including their addresses; and
p.000195: (b) such details of the entitlement of those persons as are necessary for the purpose of this section.
p.000195: (7) A request under subsection (4) must be made in accordance with arrangements made between the Corporation
p.000195: and the Director-General, or the Corporation and each chief executive.
p.000195: (8) The Corporation may supply the information requested to, as appropriate,—
p.000195: (a) an officer or employee or agent of the Ministry authorised by the Director-General to receive it:
p.000195: (b) an officer or employee or agent of the district health board authorised by the chief executive to receive it.
p.000195: (9) The information may be supplied in such form as is determined by agreement between the Corporation and the
p.000195: Director-General, or the Corporation and each chief executive.
p.000195: Compare: 1998 No 114 s 369
p.000195:
p.000195: 283 Disclosure of information by Corporation for injury prevention purposes
p.000195: (1) The purpose of this section is to facilitate the disclosure of information by the Corporation to the
p.000195: department responsible for administering the Oranga Tama- riki Act 1989 for the purpose of preventing or
p.000195: limiting injury to children or young persons arising through unlawful activity.
p.000195: (2) For the purpose of this section, the Corporation may provide information to that agency about
p.000195: claimants and other persons if the Corporation believes on reasonable grounds that it is reasonably necessary to
p.000195: achieve the purpose of this section.
p.000195:
p.000195:
p.000195:
p.000196: 196
p.000196:
p.000196:
p.000196: Reprinted as at
p.000196: 1 April 2019 Accident Compensation Act 2001
p.000196: Part 7 s 286
p.000196:
p.000196: (3) Information must be provided under subsection (2) in accordance with an agreement between the
p.000196: Corporation and the chief executive of that department.
p.000196: Section 283(1): amended, on 14 July 2017, by section 150(2) of the Children, Young Persons, and Their Families (Oranga
p.000196: Tamariki) Legislation Act 2017 (2017 No 31).
p.000196:
...
p.000198: Government’s overall injury management (including injury prevention) objectives.
p.000198:
p.000199: 199
p.000199:
p.000199:
p.000199:
p.000199:
p.000199: Part 8 s 288 Accident Compensation Act 2001
p.000199: Reprinted as at 1 April 2019
p.000199:
p.000199: 288 Injury-related statistics are classified under Statistics Act 1975
p.000199: Injury-related statistics are a separate class of official statistics under section 4 of the Statistics Act 1975 and
p.000199: the appropriate classification under that section must be used for the purposes of the administration of this Part.
p.000199: 289 Information manager
p.000199: (1) The Prime Minister may designate a person or agency to be an information manager for
p.000199: injury-related information purposes.
p.000199: (2) A manager must report to a Minister designated by the Prime Minister.
p.000199: (3) A manager has all the powers that are reasonably necessary or expedient to enable the manager
p.000199: to carry out the purpose of this Part, including (without limitation) power to exercise or perform the
p.000199: following functions:
p.000199: (a) to develop, set, publish, and maintain standards for the purpose of this Part after consultation with such
p.000199: persons or organisations as the manager considers appropriate:
p.000199: (b) to collect and aggregate injury-related information:
p.000199: (c) to facilitate access (including by publishing) to injury-related informa- tion and unit record data:
p.000199: (d) to consider and review current and future injury-related information requirements.
p.000199: (4) The manager may disclose injury-related information to any officer of another government agency solely for
p.000199: bona fide research or statistical purposes relevant to the functions and duties of that government agency, and to bona
p.000199: fide private sector researchers, only if—
p.000199: (a) the information is to be used in a form in which the individual concerned is not identified; or
p.000199: (b) the information is to be used for statistical purposes and will not be pub- lished in a form that could
p.000199: reasonably be expected to identify the indi- vidual concerned; or
p.000199: (c) the information is to be used for research purposes for which approval by an ethics committee, if required,
p.000199: has been given and will not be pub- lished in a form that could reasonably be expected to identify the indi- vidual
p.000199: concerned.
p.000199: (5) Information may be provided under subsection (4) in a form determined by an agreement between the manager
p.000199: and the chief executive of the government agency or the bona fide researcher.
p.000199: (6) In exercising the powers conferred by subsection (3), a manager must—
p.000199: (a) comply with the Privacy Act 1993 and the Health Information Privacy Code and any other codes issued under that
p.000199: Act; and
p.000199:
p.000199:
p.000199:
p.000200: 200
p.000200:
p.000200:
p.000200: Reprinted as at
p.000200: 1 April 2019 Accident Compensation Act 2001
p.000200: Part 8 s 293
p.000200:
p.000200: (b) ensure that standards set for the purpose of this Part are complied with; and
p.000200: (c) comply with section 11 of the Statistics Act 1975.
p.000200: (7) A manager may delegate any of the manager’s functions.
p.000200: (8) If Statistics New Zealand is designated as an information manager,—
...
p.000208:
p.000209: 209
p.000209:
p.000209:
p.000209:
p.000209:
p.000209: Part 9 s 310 Accident Compensation Act 2001
p.000209: Reprinted as at 1 April 2019
p.000209:
p.000209: (5) A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
p.000209: Compare: 1998 No 114 s 376
p.000209:
p.000209: 310 Offence not to provide earnings information to Corporation
p.000209: (1) This section applies to a person who is receiving—
p.000209: (a) first week compensation; or
p.000209: (b) weekly compensation.
p.000209: (2) A person to whom this section applies commits an offence if he or she fails to advise the Corporation as
p.000209: soon as practicable if his or her earnings have increased after he or she began receiving compensation
p.000209: in such a way as to reduce the compensation payable to him or her.
p.000209: (3) A person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000.
p.000209: Compare: 1998 No 114 s 377
p.000209:
p.000209: 311 Goods and services tax not payable on penalties or fines
p.000209: To avoid doubt, goods and services tax under the Goods and Services Tax Act 1985 is not payable in respect of any fine,
p.000209: penalty, or interest that is payable under this Act or any of the former Acts.
p.000209: Liability of directors, employees, and officers
p.000209: 312 Directors, employees, and officers
p.000209: (1) A director, employee, agent, or officer of a body corporate commits an offence against this Act if—
p.000209: (a) the body corporate commits an offence against this Act (the principal offence); and
p.000209: (b) the principal offence was caused by an act done or carried out by, or by an omission of, the director,
p.000209: employee, agent, or officer.
p.000209: (2) A director, employee, agent, or officer who does or carries out the act or omis- sion referred to in
p.000209: subsection (1) is liable on conviction for up to the same maximum penalty that could apply to an individual,
p.000209: if an individual had com- mitted the principal offence.
p.000209: (3) An employee or officer of a body corporate includes a person who, by reason of the person’s employment with,
p.000209: or position in relation to, the body corporate, is responsible by law, contract, or otherwise for undertaking an action
p.000209: on behalf of the body corporate.
p.000209: Compare: 1998 No 114 s 378
p.000209:
p.000209:
p.000209:
p.000209:
p.000209:
p.000210: 210
p.000210:
p.000210:
p.000210: Reprinted as at
p.000210: 1 April 2019 Accident Compensation Act 2001
p.000210: Part 9 s 316
p.000210:
p.000210: Informations
p.000210: 313 Charges
p.000210: (1) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period
p.000210: in respect of an offence against this Act, or any regulations made under it, ends on the date that is 5 years
p.000210: after the termination of the year in which the offence was committed.
p.000210: (2) A charging document may charge the defendant with any number of offences against this Act (whether arising
p.000210: under this section or otherwise) or against regulations made under this Act.
p.000210: (3) A charging document that charges more than 1 such offence must set out separ- ately the particulars of each
p.000210: offence charged.
p.000210: (4) Multiple charges must be heard together unless the court, either before or at any time during the
p.000210: trial, considers it just that any charge should be heard sep- arately and makes an order to that effect.
p.000210: Compare: 1998 No 114 s 379
p.000210: Section 313: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
p.000210: No 81).
p.000210:
...
Social / Property Ownership
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p.000079: An individual rehabilitation plan must be updated from time to time to reflect the outcome of assessments done and
p.000079: progress made under the plan.
p.000079:
p.000079:
p.000080: 80
p.000080:
p.000080:
p.000080: Reprinted as at
p.000080: 1 April 2019 Accident Compensation Act 2001
p.000080: Part 4 s 81
p.000080:
p.000080: 79 Purpose of social rehabilitation
p.000080: The purpose of social rehabilitation is to assist in restoring a claimant’s inde- pendence to the maximum extent
p.000080: practicable.
p.000080: Compare: 1998 No 114 Schedule 1 cl 38
p.000080:
p.000080: 80 Purpose of vocational rehabilitation
p.000080: (1) The purpose of vocational rehabilitation is to help a claimant to, as appropri- ate,—
p.000080: (a) maintain employment; or
p.000080: (b) obtain employment; or
p.000080: (c) regain or acquire vocational independence.
p.000080: (2) Without limiting subsection (1), the provision of vocational rehabilitation includes the provision of
p.000080: activities for the purpose of maintaining or obtaining employment that is—
p.000080: (a) suitable for the claimant; and
p.000080: (b) appropriate for the claimant’s levels of training and experience.
p.000080: Compare: 1998 No 114 Schedule 1 cl 54
p.000080:
p.000080: Social rehabilitation
p.000080: 81 Corporation’s liability to provide key aspects of social rehabilitation
p.000080: (1) In this section, key aspect of social rehabilitation means any of the following:
p.000080: (a) aids and appliances:
p.000080: (b) attendant care:
p.000080: (c) child care:
p.000080: (d) education support:
p.000080: (e) home help:
p.000080: (f) modifications to the home:
p.000080: (g) training for independence:
p.000080: (h) transport for independence.
p.000080: (2) Terms in subsection (1)(a), (b), and (d) to (h) have the same meaning as in clause 12 of
p.000080: Schedule 1.
p.000080: (3) The Corporation is liable to provide a key aspect of social rehabilitation to a claimant—
p.000080: (a) if the conditions in subsection (4) are met; but
p.000080: (b) not earlier than a date determined in accordance with section 83.
p.000080: (4) The conditions are—
p.000080:
p.000080:
p.000080:
p.000080:
p.000081: 81
p.000081:
p.000081:
p.000081:
p.000081:
p.000081: Part 4 s 82 Accident Compensation Act 2001
p.000081: Reprinted as at 1 April 2019
p.000081:
p.000081: (a) a claimant is assessed or reassessed under section 84 as needing the key aspect; and
p.000081: (b) the provision of the key aspect is in accordance with the Corporation’s assessment of it under whichever of
p.000081: clauses 13 to 22 of Schedule 1 are relevant; and
p.000081: (c) the Corporation considers that the key aspect—
p.000081: (i) is required as a direct consequence of the personal injury for which the claimant has cover; and
p.000081: (ii) is for the purpose set out in section 79; and
p.000081: (iii) is necessary and appropriate, and of the quality required, for that purpose; and
p.000081: (iv) is of a type normally provided by a rehabilitation provider; and
p.000081: (d) the provision of the key aspect has been agreed in the claimant’s indi- vidual rehabilitation plan, if a plan
p.000081: has been agreed.
p.000081: (5) This clause is subject to any regulations made under section 324.
p.000081: Compare: 1998 No 114 Schedule 1 cl 39
p.000081:
p.000081: 82 Corporation may provide other social rehabilitation
...
p.000103: Amendment Act (No 2) 2005 (2005 No 45).
p.000103:
p.000103: 121 Disentitlement during imprisonment
p.000103: (1) The Corporation must not provide any entitlements under Part 2 or Part 4 of Schedule 1 to a claimant in
p.000103: respect of any period during which the claimant is a prisoner in any prison.
p.000103: (2) The Corporation is not required to undertake any assessments or make any pay- ments under Part 3 of Schedule 1
p.000103: to a claimant while the claimant is a prisoner in any prison.
p.000103: (3) In this section, prisoner and prison have the same meaning as in section 3(1) of the Corrections Act 2004.
p.000103: Compare: 1998 No 114 s 122
p.000103: Section 121(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
p.000103: Section 121(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000103: Amendment Act (No 2) 2005 (2005 No 45).
p.000103: Section 121(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
p.000103: Section 121(3): substituted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004
p.000103: No 50).
p.000103:
p.000103: 122 Disentitlement for certain imprisoned offenders
p.000103: (1) The Corporation must not provide any entitlements under Schedule 1 to a claimant if—
p.000103: (a) the claimant suffers a personal injury in the course of committing an offence; and
p.000103: (b) the offence is punishable by a maximum term of imprisonment of 2 years or more; and
p.000103: (c) the claimant is sentenced to imprisonment or home detention for com- mitting the offence; and
p.000103: (d) the Corporation would, but for this section, be liable to provide entitle- ments to the claimant for the
p.000103: personal injury.
p.000103: (2) In addition, the Corporation must not provide any entitlements under Schedule 1 to the following persons if
p.000103: the Corporation would, but for subsection (1), be liable to provide entitlements to any of them in relation to a
p.000103: deceased claim- ant’s personal injury:
p.000103:
p.000104: 104
p.000104:
p.000104:
p.000104: Reprinted as at
p.000104: 1 April 2019 Accident Compensation Act 2001
p.000104: Part 4 s 123
p.000104:
p.000104: (a) the surviving spouse or partner of the deceased claimant:
p.000104: (b) any child of the deceased claimant:
p.000104: (c) any other dependant of the deceased claimant.
p.000104: (3) However, subsection (1) does not excuse the Corporation from liability to pro- vide the claimant with
p.000104: entitlements for—
p.000104: (a) treatment; and
p.000104: (b) any ancillary service related to treatment referred to in clause 3(1) of Schedule 1.
p.000104: (4) Despite subsection (3), the Corporation must not provide any entitlement for surgery unless the
p.000104: surgery is required to restore the claimant’s function to enable him or her to return to work.
p.000104: Section 122: substituted, on 1 July 2010, by section 13 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000104:
p.000104: 122A Exemption from section 122(1)
p.000104: (1) The Minister may exempt a claimant from section 122(1) if the Minister is satisfied that there are
p.000104: exceptional circumstances relating to the claimant.
...
p.000245: (a) 2 September 1996; or
p.000245: (b) the date on which vocational rehabilitation began to be provided to the person.
p.000245: Compare: 1998 No 114 s 440
p.000245:
p.000245: 374 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household
p.000245: help
p.000245: (1) This section applies if—
p.000245: (a) a person was receiving compensation at a weekly rate of $350 or more immediately before 1 July 1992; and
p.000245: (b) the compensation was paid under section 80 of the Accident Compensa- tion Act 1982 or section 121 of
p.000245: the Accident Compensation Act 1972 and was for—
p.000245: (i) attendant care, meaning personal care and mobility assistance necessary for the injured person; or
p.000245: (ii) household help, meaning provision of assistance for domestic activities that would be performed
p.000245: by the injured person if not injured and that is necessary to enable the person to remain in or take up suitable
p.000245: residence; and
p.000245: (c) the compensation was payable because of section 149(3) or (4) of the Accident Rehabilitation and
p.000245: Compensation Insurance Act 1992.
p.000245: (2) The sections referred to in subsection (1)(b)—
p.000245: (a) continue to apply to the person and to his or her entitlement to attendant care or household help; and
p.000245: (b) can be used from time to time to reassess the person’s entitlement to attendant care or household
p.000245: help.
p.000245: (3) The person—
p.000245: (a) is not entitled to receive attendant care or home help under clauses 12 to 23 of Schedule 1; but
p.000245: (b) is entitled, not more than once in any 12-month period, to elect to be assessed for entitlement
p.000245: to attendant care or home help under clauses 12 to 23 of Schedule 1.
p.000245:
p.000245:
p.000245:
p.000246: 246
p.000246:
p.000246:
p.000246: Reprinted as at
p.000246: 1 April 2019 Accident Compensation Act 2001
p.000246: Part 11 s 377
p.000246:
p.000246: (4) A person who has had an assessment under subsection (3)(b) may irrevocably elect to have his or her
p.000246: entitlements to attendant care and home help deter- mined from then on under clauses 12 to 23 of Schedule 1, in
p.000246: which case sub- section (3) no longer applies to him or her.
p.000246: (5) For the purposes of subsection (1), a person was receiving compensation immediately before 1 July
p.000246: 1992 if he or she was entitled to do so because of a decision on review or appeal given on or after that date on an
p.000246: application for review made before 1 October 1992.
p.000246: Compare: 1998 No 114 s 437
p.000246:
p.000246: 375 Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act: attendant
p.000246: care
p.000246: Section 438 of the Accident Insurance Act 1998 continues to apply in respect of a person who was entitled to receive,
p.000246: immediately before 1 April 2002, com- pensation under that section.
p.000246: Compare: 1998 No 114 s 438
p.000246:
p.000246: 376 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts
p.000246: Section 439 of the Accident Insurance Act 1998 continues to apply in respect of a person who was entitled to receive,
p.000246: immediately before 1 April 2002, com- pensation under that section.
p.000246: Compare: 1998 No 114 s 439
p.000246:
p.000246: Independence allowance
p.000246: 377 Independence allowance for personal injury suffered before 1 July 1999
p.000246: (1) On the commencement of this section, sections 441 and 442 of the Accident Insurance Act 1998 cease to have
p.000246: effect.
p.000246: (2) A person who suffered personal injury before 1 July 1999 is entitled to be assessed for an
p.000246: independence allowance under Part 4 of Schedule 1 of the Accident Insurance Act 1998, irrespective of when the
p.000246: claim for cover for the personal injury was or is lodged, subject to the modifications set out in subsec- tion (3).
...
p.000260:
p.000260: Contents
p.000260:
p.000260: Part 1 Rehabilitation
p.000260: Treatment
p.000260:
p.000260: Page
p.000260: 1 Corporation’s liability to pay or contribute to cost of treatment 265
p.000260: 2 When Corporation is liable to pay cost of treatment 265
p.000260:
p.000260: 3 When Corporation is liable to pay or contribute to cost of ancillary services related to treatment
p.000260: 4 Corporation’s prior agreement to treatment required, except in certain cases
p.000260: 5 Corporation may require claimant to supply information about treatment
p.000266: 266
p.000266:
p.000266: 266
p.000266:
p.000267: 267
p.000267: 6 When Corporation must not decline to pay cost of treatment 267
p.000267: Individual rehabilitation plans
p.000267: 7 Preparation of individual rehabilitation plan 268
p.000267: 8 Agreement to plan
p.000269: 269
p.000269: 9 Disputes about plan
p.000269: 269
p.000269: 10 Corporation and claimant may agree to modify plan 269
p.000269: Ancillary services related to rehabilitation
p.000269:
p.000269: 11 When Corporation is liable to pay or contribute to cost of ancillary services related to rehabilitation
p.000269: Social rehabilitation
p.000269: 269
p.000269: 12 Definitions
p.000270: 270
p.000270: 13 Aids and appliances
p.000273: 273
p.000273: 14 Attendant care
p.000274: 274
p.000274: 15 Child care
p.000274: 274
p.000274: 16 Education support
p.000275: 275
p.000275: 17 Home help
p.000276: 276
p.000276:
p.000276: 18 Modifications to home: matters to which Corporation must have regard
p.000277: 277
p.000277: 19 Modifications to home: rights and responsibilities 278
p.000277: 20 Training for independence 279
p.000277:
p.000277: 21 Transport for independence: matters to which Corporation must have regard
p.000279: 279
p.000279: 22 Transport for independence: rights and responsibilities 280
p.000261: 261
p.000261:
p.000261: Schedule 1 Accident Compensation Act 2001
p.000261: Reprinted as at 1 April 2019
p.000261:
p.000261: 23 Corporation not liable to ensure claimant pays rehabilitation provider
p.000282: 282
p.000282: Vocational rehabilitation
p.000282: 24 Occupational assessor 282
p.000282: 25 Conduct of occupational assessment 282
p.000282: 26 Report on occupational assessment 282
p.000282: 27 Medical assessor
p.000283: 283
p.000283: 28 Conduct of medical assessment 283
p.000283: 29 Report on medical assessment 284
p.000283: Part 2 Weekly compensation
p.000283: 30 Meaning of relevant year 285
p.000283: 31 Use of income tax returns in determining earnings 285
p.000283: Corporation to pay weekly compensation after first week of incapacity
p.000283:
...
p.000268: (1) The Corporation is liable to pay or contribute to the cost of any service reason- ably required by the
p.000268: claimant as an ancillary service related to rehabilitation, such as accommodation, escort for transport, and transport,
p.000268: if the service facili- tates rehabilitation.
p.000268:
p.000268:
p.000269: 269
p.000269:
p.000269:
p.000269:
p.000269:
p.000269: Schedule 1 Accident Compensation Act 2001
p.000269: Reprinted as at 1 April 2019
p.000269:
p.000269: (2) The Corporation is liable to pay or contribute to the cost of accommodation and transport of a
p.000269: person other than the claimant if the presence and support of the person is necessary and appropriate to assist in
p.000269: achieving a rehabilitation outcome for the claimant.
p.000269: (3) This clause applies subject to any regulations made under this Act.
p.000269: Social rehabilitation
p.000269:
p.000269: 12 Definitions
p.000269: In clauses 13 to 23,—
p.000269: aid or appliance means any item likely to assist in restoring a claimant to inde- pendence
p.000269: attendant care—
p.000269: (a) means—
p.000269: (i) personal care; and
p.000269: (ii) assistance with cognitive tasks of daily living, such as communi- cation, orientation, planning, and task
p.000269: completion; and
p.000269: (iii) protection of the claimant from further injury in his or her ordin- ary environment; and
p.000269: (b) includes training a person to provide attendant care, if the Corporation agrees to fund the training; but
p.000269: (c) does not include child care, domestic activities, or home maintenance
p.000269: child—
p.000269: (a) means a child under 14 years; and
p.000269: (b) includes any other child, if the child needs child care because of his or her physical or mental condition
p.000269: communication means conveying and receiving information by using skills such as anger management,
p.000269: assertiveness, ability to concentrate, language, memory, numeracy, social awareness, social skills, speech
p.000269: production and development, and using communications technology
p.000269: domestic activities means cleaning, laundry, meal preparation, and associated shopping activities, in relation to the
p.000269: claimant’s home
p.000269: education support—
p.000269: (a) means the provision of support or assistance for a claimant to assist him or her to achieve independence in
p.000269: educational participation; and
p.000269: (b) includes resource preparation and planning assessed as necessary for the provision of that support or
p.000269: assistance
p.000269:
p.000269:
p.000269:
p.000269:
p.000269:
p.000270: 270
p.000270:
p.000270:
p.000270: Reprinted as at
p.000270: 1 April 2019 Accident Compensation Act 2001
p.000270: Schedule 1
p.000270:
p.000270: educational participation means participation within the claimant’s school day or period of attendance at an
p.000270: early childhood education service by a claim- ant who is—
p.000270: (a) entitled to free enrolment and free education under the Education Act 1989 and is—
p.000270: (i) enrolled at a registered school within the meaning of that Act; or
p.000270: (ii) exempted under section 21 or 22A of that Act from the require- ment to be enrolled; or
p.000270: (iii) exempted under section 26 (but not subsection (1)(b)(iii)) of that Act from attending a school; or
p.000270: (b) attending a licensed early childhood service within the meaning of sec- tion 309 of the Education Act 1989; or
p.000270: (c) enrolled at a State school, special school, special class, or special clinic, under an agreement to which
p.000270: section 9 of the Education Act 1989 applies
p.000270: home—
p.000270: (a) means residential premises in New Zealand in which the claimant lives and which are owned, rented, or
p.000270: otherwise lawfully occupied by the claimant or his or her parent, guardian, or spouse or partner; and
p.000270: (b) includes residential premises in New Zealand in which the claimant pro- poses to live after they are
p.000270: built and which will be owned, rented, or otherwise lawfully occupied by the claimant or his or her parent,
p.000270: guard- ian, or spouse or partner; but
p.000270: (c) does not include any hospital, hostel, hotel, motel, rest home, or other institution
p.000270: home help means the provision, in New Zealand, of domestic activities
p.000270: independence includes the capacity to function in the following areas:
p.000270: (a) communication:
p.000270: (b) domestic activities:
p.000270: (c) educational participation:
p.000270: (e) financial management:
p.000270: (f) health care:
p.000270: (g) hygiene care:
p.000270: (h) mobility:
p.000270: (i) motivation:
p.000270: (j) safety management:
p.000270: (k) sexuality:
p.000270:
p.000270:
p.000270:
p.000271: 271
p.000271:
p.000271:
p.000271:
p.000271:
p.000271: Schedule 1 Accident Compensation Act 2001
p.000271: Reprinted as at 1 April 2019
p.000271:
p.000271: (l) cognitive tasks of daily living, such as orientation, planning, and task completion:
p.000271: (m) use of transport
p.000271: modifications to the home—
p.000271: (a) means alterations to a claimant’s home that—
p.000271: (i) have the purpose of assisting a claimant to live as independently as practicable, having regard to the
p.000271: limitations caused by his or her injury; and
p.000271: (ii) remove structural barriers or add features fixed to the home; and
p.000271: (b) includes real estate fees, legal fees, removal costs, and the costs of any modifications incurred in
p.000271: relocating a claimant to a new home, if the Corporation decides that relocation is the most cost effective
p.000271: alternative to modification of the claimant’s existing home
p.000271: personal care means physical assistance to move around and to take care of basic personal needs such as bathing,
p.000271: dressing, feeding, and toileting
p.000271: rehabilitation outcome means—
p.000271: (a) before an individual rehabilitation plan is agreed, a rehabilitation goal, objective, or result determined by
p.000271: the Corporation:
p.000271: (b) if an individual rehabilitation plan is agreed, a goal, objective, or result specified in the plan
p.000271: training for independence includes—
p.000271: (a) training and coaching a claimant to assist in restoring the claimant’s independence:
p.000271: (b) training in using and maintaining aids or appliances, and integrating them into the claimant’s
p.000271: daily life, for a claimant who needs aids or appliances
p.000271: transport for independence—
p.000271: (a) means assistance with the cost of, for example,—
p.000271: (i) escorted travel by vehicle:
p.000271: (ii) modifying a vehicle:
p.000271: (iii) purchasing a vehicle:
p.000271: (iv) travelling by public transport:
p.000271: (v) travelling by taxi; and
p.000271: (b) includes driver’s licence retraining, for a claimant who previously had a driver’s licence.
p.000271: Compare: 1998 No 114 Schedule 1 cl 36
p.000271:
p.000271:
p.000271:
p.000271:
p.000272: 272
p.000272:
p.000272:
p.000272: Reprinted as at
p.000272: 1 April 2019 Accident Compensation Act 2001
p.000272: Schedule 1
p.000272:
p.000272: Schedule 1 clause 12 educational participation paragraph (b): substituted, on 1 December 2008, by section 60(1) of the
p.000272: Education Amendment Act 2006 (2006 No 19).
p.000272: Schedule 1 clause 12 home paragraph (a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000272: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000272: Schedule 1 clause 12 home paragraph (b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000272: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000272:
p.000272: 13 Aids and appliances
p.000272: (1) In deciding whether to provide or contribute to the cost of an aid or appliance, the Corporation must have
p.000272: regard to—
p.000272: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000272: (b) whether a claimant has a prescription for the aid or appliance from a health practitioner who
p.000272: holds appropriate qualifications to the satisfac- tion of the Corporation.
p.000272: (2) The Corporation is not required to provide an artificial aid in the nature of an implant, unless the implant
p.000272: is implanted in the course of a surgical procedure approved by the Corporation.
p.000272: (3) The Corporation is not required to provide any aid or appliance, if a claimant already—
p.000272: (a) owns an aid or appliance that has, at the time at which the Corporation is making its decision, a similar
p.000272: function to the aid or appliance for which the claimant has lodged a claim; or
p.000272: (b) possesses such an aid or appliance on permanent loan from any person or organisation, including a hospital and
p.000272: health service,—
p.000272: unless, in either case, the aid or appliance, because of its age or condition, is unsuitable to assist in restoring the
p.000272: claimant to independence.
p.000272: (4) The Corporation is not required to provide any aid or appliance, if the claimant has, after suffering the
p.000272: personal injury, disposed of an aid or appliance that, at the time of disposal,—
p.000272: (a) had a similar function to the aid or appliance for which the claimant has lodged a claim; and
...
p.000274: injury; and
p.000274: (d) the extent to which other household family members or other family members might reasonably be
p.000274: expected to provide child care services after the claimant’s personal injury; and
p.000274: (e) the need to avoid substantial disruption to the employment or other activities of the household
p.000274: family members.
p.000274: (2) The Corporation is not required to provide child care under this clause if it pro- vides child care for the
p.000274: child under clause 76.
p.000274: (3) The Corporation is not required to provide child care for a child to the extent that the child is being
p.000274: provided with attendant care, education support, or train- ing for independence.
p.000274: (4) The Corporation is not required to pay for child care to the extent that child care continues to be provided
p.000274: after a claimant’s personal injury by a person—
p.000274: (a) who lives in the claimant’s home or lived in the claimant’s home imme- diately before the claimant suffered
p.000274: his or her personal injury; and
p.000274: (b) who provided child care before the claimant suffered his or her personal injury.
p.000274: Compare: 1998 No 114 Schedule 1 cl 45
p.000274: Schedule 1 clause 15(2): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000274: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000274: Schedule 1 clause 15(3): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000274: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000274: Schedule 1 clause 15(4): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000274: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000274:
p.000274: 16 Education support
p.000274: (1) In deciding whether to pay or contribute towards the cost of education support, the Corporation must have
p.000274: regard to—
p.000274: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000274: (b) the nature and extent of the claimant’s personal injury and the degree to which that injury impairs his or her
p.000274: ability to be independent in receiving education; and
p.000274: (c) the extent to which education support was provided by education sector providers for the claimant before the
p.000274: claimant’s personal injury; and
...
p.000275: that support and services are provided by government agencies in a complementary way.
p.000275: (3) In determining whether education support should be provided by a particular person, the Corporation must be
p.000275: satisfied that the person—
p.000275: (a) has the qualifications, experience, and training appropriate for the claim- ant’s assessed needs; and
p.000275: (b) is not, at the time of providing the support, the claimant’s classroom or subject teacher.
p.000275: (4) The rate to be paid for education support for a claimant must be determined by the Corporation, and the
p.000275: Corporation may take into account—
p.000275: (a) the nature and extent of the support that the claimant is assessed as need- ing to assist the claimant to
p.000275: achieve independence in his or her educa- tional participation; and
p.000275: (b) the level of qualifications, experience, and training that the Corporation considers necessary to provide
p.000275: education support to the claimant; and
p.000275: (c) the extent to which the qualifications, experience, and training required to meet the claimant’s needs differ
p.000275: from those required for the provision of education support generally.
p.000275: (5) The Corporation is liable to pay the employer of the education support provider after receiving an invoice
p.000275: from the employer for the support that has been pro- vided at the Corporation’s request.
p.000275: 17 Home help
p.000275: (1) In deciding whether to provide or contribute to the cost of home help, the Cor- poration must have regard to—
p.000275: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000275: (b) the extent to which a claimant undertook domestic activities before the claimant’s personal injury and the
p.000275: extent to which he or she is able to undertake domestic activities after his or her injury; and
p.000275:
p.000275:
p.000275:
p.000276: 276
p.000276:
p.000276:
p.000276: Reprinted as at
p.000276: 1 April 2019 Accident Compensation Act 2001
p.000276: Schedule 1
p.000276:
p.000276: (c) the number of household family members and their need for home help; and
p.000276: (d) the extent to which domestic activities were done by other household family members before the
p.000276: claimant’s personal injury; and
p.000276: (e) the extent to which other household family members or other family members might reasonably be
p.000276: expected to do domestic activities for themselves and for the claimant after the claimant’s personal injury; and
p.000276: (f) the need to avoid substantial disruption to the employment or other activities of the household
p.000276: family members; and
p.000276: (g) the impact of the claimant’s personal injury on the contribution of other family members to domestic
p.000276: activities.
p.000276: (2) The Corporation is not required to pay for home help to the extent that home help continues to be provided
p.000276: after a claimant’s personal injury by a person—
p.000276: (a) who lives in the claimant’s home or lived in the claimant’s home imme- diately before the claimant suffered
p.000276: his or her personal injury; and
p.000276: (b) who provided home help before the claimant suffered his or her personal injury.
p.000276: Compare: 1998 No 114 Schedule 1 cl 46
p.000276: Schedule 1 clause 17(2): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000276: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000276:
p.000276: 18 Modifications to home: matters to which Corporation must have regard
p.000276: (1) In deciding whether to provide or contribute to the cost of modifications to the home, the Corporation must
p.000276: have regard to—
p.000276: (a) any rehabilitation outcome that would be achieved by providing them; and
p.000276: (b) the difficulties faced by the claimant in doing the following without the proposed modifications:
p.000276: (i) gaining access to his or her home:
p.000276: (ii) enjoying reasonable freedom of movement in his or her home:
p.000276: (iii) living independently in his or her home; and
p.000276: (c) the likely duration of the claimant’s residence in the home; and
p.000276: (d) the cost, and the relevant benefit, to the claimant of the proposed modifi- cations; and
p.000276: (e) if the home is not owned by the claimant, whether the owner agrees to the modifications being done; and
p.000276: (f) the likely cost of reasonable alternative living arrangements; and
p.000276: (g) the likely duration of the limitations arising from the personal injury for which the claimant has cover.
p.000276:
p.000276:
p.000277: 277
p.000277:
p.000277:
p.000277:
p.000277:
p.000277: Schedule 1 Accident Compensation Act 2001
p.000277: Reprinted as at 1 April 2019
p.000277:
p.000277: (2) For the purposes of subclause (1)(b)(iii), the assessment of whether a claimant is living independently is
p.000277: not affected by whether the claimant lives with others.
p.000277: Compare: 1998 No 114 Schedule 1 cl 47
p.000277:
p.000277: 19 Modifications to home: rights and responsibilities
p.000277: (1) The Corporation is responsible for—
p.000277: (a) making a preliminary assessment as to whether the proposed modifica- tions serve the purpose in section 79;
p.000277: and
p.000277: (b) if it considers the proposed modifications serve that purpose, meeting the costs of obtaining local
p.000277: authority approval.
p.000277: (2) The claimant is responsible for—
p.000277: (a) obtaining the written consent to the modifications to which the Corpor- ation has given preliminary approval,
p.000277: from the owner of the home and any lessor or co-tenant or mortgagee; and
p.000277: (b) obtaining any quotes required by the Corporation for the proposed modi- fications.
p.000277: (3) The Corporation is—
p.000277: (a) not required to be a contracting party at any stage of the modifications:
p.000277: (b) not liable to the claimant or any other person for any liability arising from the carrying out
p.000277: of the modifications, other than for payment for those modifications the Corporation has approved:
p.000277: (c) not liable—
p.000277: (i) to ensure that the claimant pays any person that undertakes the modifications; or
p.000277: (ii) to pay that person directly, if the claimant does not pay:
p.000277: (d) not liable for the cost of insuring the modifications or the home in which the modifications have been
p.000277: installed:
p.000277: (e) not required to replace any such modifications if the claimant continues to reside in the home:
p.000277: (f) not liable for the cost of removing any modifications no longer required:
p.000277: (g) not liable for the cost of returning a home to its former state if the claim- ant no longer occupies it:
p.000277: (h) not liable for any loss of value of any home resulting from any modifica- tions to, or removal of
p.000277: modifications from, the home:
p.000277: (i) not required to provide or contribute to the cost of modifications to a home to which the
p.000277: claimant moves from the modified home, unless the Corporation has approved the costs of those modifications:
p.000277:
p.000277:
p.000277:
p.000278: 278
p.000278:
p.000278:
p.000278: Reprinted as at
p.000278: 1 April 2019 Accident Compensation Act 2001
p.000278: Schedule 1
p.000278:
p.000278: (j) not required to repair or replace any home or modifications that are not insured and that are damaged.
p.000278: (4) The Corporation is not entitled to recover any payment made to the claimant if—
p.000278: (a) the modifications are removed or are no longer required; or
p.000278: (b) the claimant no longer occupies the home to which the modifications were made.
p.000278: Compare: 1998 No 114 Schedule 1 cl 48
p.000278: Schedule 1 clause 19(3)(e): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000278: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000278: Schedule 1 clause 19(3)(i): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000278: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000278: Schedule 1 clause 19(3)(j): substituted, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000278: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000278:
p.000278: 20 Training for independence
p.000278: In deciding whether to provide or contribute to the cost of training for inde- pendence, the Corporation
p.000278: must have regard to—
p.000278: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000278: (b) the extent to which training for independence, and the skills and know- ledge likely to be acquired from
p.000278: it, are likely to reduce the claimant’s need for further rehabilitation.
p.000278: Compare: 1998 No 114 Schedule 1 cl 49
p.000278:
p.000278: 21 Transport for independence: matters to which Corporation must have regard
p.000278: (1) In deciding whether to provide or contribute to the cost of transport for inde- pendence, the Corporation must
p.000278: have regard to—
p.000278: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000278: (b) the cost, and the relevant benefit, to the claimant of the transport for independence service for
p.000278: which the claimant has lodged a claim; and
p.000278: (c) the difficulties faced by the claimant in doing the following in relation to the transport used by the
...
Searching for indicator property:
(return to top)
p.000057:
p.000057: 29 Personal injury that is both work-related and motor vehicle injury
p.000057: (1) An injury is a work-related personal injury, and is not a motor vehicle injury, if it—
p.000057: (a) falls within the definitions of both work-related personal injury and motor vehicle injury; but
p.000057: (b) is suffered in the circumstances described in section 28(1)(c) or (d) that relate to travel to or from
p.000057: employment or a place of treatment.
p.000057: (2) An injury is a motor vehicle injury, and is not a work-related personal injury, if it—
p.000057: (a) falls within the definitions of both motor vehicle injury and work-related personal injury; but
p.000057: (b) is suffered in the circumstances described in section 28(1)(a) or (b).
p.000057: (3) However, a person is entitled to first week compensation if either subsection
p.000057: (1) or subsection (2) applies.
p.000057: Compare: 1998 No 114 ss 32(4), 38(3)
p.000057:
p.000057:
p.000057:
p.000057:
p.000057:
p.000058: 58
p.000058:
p.000058:
p.000058: Reprinted as at
p.000058: 1 April 2019 Accident Compensation Act 2001
p.000058: Part 2 s 30
p.000058:
p.000058: 30 Personal injury caused by work-related gradual process, disease, or infection
p.000058: (1) Personal injury caused by a work-related gradual process, disease, or infection means personal
p.000058: injury—
p.000058: (a) suffered by a person; and
p.000058: (b) caused by a gradual process, disease, or infection; and
p.000058: (c) caused in the circumstances described in subsection (2). (1A) [Repealed]
p.000058: (2) The circumstances are—
p.000058: (a) the person—
p.000058: (i) performs an employment task that has a particular property or characteristic; or
p.000058: (ii) is employed in an environment that has a particular property or characteristic; and
p.000058: (b) the particular property or characteristic—
p.000058: (i) causes, or contributes to the cause of, the personal injury; and
p.000058: (ii) is not found to any material extent in the non-employment activ- ities or environment of the person; and
p.000058: (iii) may or may not be present throughout the whole of the person’s employment; and
p.000058: (c) the risk of suffering the personal injury—
p.000058: (i) is significantly greater for persons who perform the employment task than for persons who do not perform it;
p.000058: or
p.000058: (ii) is significantly greater for persons who are employed in that type of environment than for persons who are
p.000058: not.
p.000058: (2A) [Repealed]
p.000058: (3) Personal injury caused by a work-related gradual process, disease, or infection includes personal
p.000058: injury that is—
p.000058: (a) of a type described in Schedule 2; and
p.000058: (b) suffered by a person who is or has been in employment—
p.000058: (i) that involves exposure, or the prescribed level or extent of expos- ure, to agents, dusts, compounds,
p.000058: substances, radiation, or things (as the case may be) described in that schedule in relation to that type of personal
p.000058: injury; or
p.000058: (ii) in an occupation, industry, or process described in that schedule in relation to that type of personal
p.000058: injury.
p.000058:
p.000058:
p.000058:
p.000058:
p.000059: 59
p.000059:
p.000059:
p.000059:
p.000059:
p.000059: Part 2 s 30 Accident Compensation Act 2001
p.000059: Reprinted as at 1 April 2019
p.000059:
p.000059: (3A) To avoid doubt, where a claim is lodged for cover for a work-related gradual process, disease, or infection,
p.000059: section 57 applies to require, among other things, the Corporation to investigate the claim at its own expense.
p.000059: (4) Personal injury of a type described in subsection (3) does not require an assess- ment of causation under
p.000059: subsection (1)(b) or (c).
p.000059: (4A) This Act covers personal injury caused by a work-related gradual process, dis- ease, or infection only if—
p.000059: (a) the exposure to the gradual process, disease, or infection actually occur- red in New Zealand; or
p.000059: (b) the person concerned was ordinarily resident in New Zealand when the exposure actually occurred.
p.000059: (5) Personal injury caused by a work-related gradual process, disease, or infection does not include—
p.000059: (a) personal injury related to non-physical stress; or
p.000059: (b) any degree of deafness for which compensation has been paid under the Workers’ Compensation Act 1956.
p.000059: (6) Subsection (7) applies if, before 1 April 1974, the person—
p.000059: (a) performed an employment task that had a particular property or charac- teristic; or
p.000059: (b) was employed in an environment that had a particular property or char- acteristic.
p.000059: (7) The circumstances referred to in subsection (6) do not prevent the person’s per- sonal injury from being
p.000059: personal injury caused by a work-related gradual process, disease, or infection, but he or she does not have
p.000059: cover for it if section 24 or section 361 applies to him or her.
p.000059: Compare: 1998 No 114 s 33
p.000059: Section 30(1A): repealed, on 1 July 2010, by section 9(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000059: Section 30(2)(b)(ii): substituted, on 1 July 2010, by section 9(2) of the Accident Compensation Amendment
p.000059: Act 2010 (2010 No 1).
p.000059: Section 30(2)(c): substituted, on 1 July 2010, by section 9(3) of the Accident Compensation Amend- ment Act 2010 (2010
p.000059: No 1).
p.000059: Section 30(2A): repealed, on 1 July 2010, by section 9(4) of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000059: Section 30(3): substituted, on 1 August 2008, by section 10(5) of the Injury Prevention, Rehabilita- tion, and
p.000059: Compensation Amendment Act 2008 (2008 No 46).
p.000059: Section 30(3A): inserted, on 1 August 2008, by section 10(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000059: Amendment Act 2008 (2008 No 46).
p.000059: Section 30(4A): inserted, on 1 July 2005, by section 12 of the Injury Prevention, Rehabilitation, and Compensation
p.000059: Amendment Act (No 2) 2005 (2005 No 45).
p.000059:
p.000059:
p.000059:
p.000059:
p.000060: 60
p.000060:
p.000060:
p.000060: Reprinted as at
p.000060: 1 April 2019 Accident Compensation Act 2001
p.000060: Part 2 s 32
p.000060:
p.000060: 31 Ministerial advisory panel on work-related gradual process, disease, or infection
p.000060: [Repealed]
...
p.000144:
p.000144:
p.000145: 145
p.000145:
p.000145:
p.000145:
p.000145:
p.000145: Part 6 s 189 Accident Compensation Act 2001
p.000145: Reprinted as at 1 April 2019
p.000145:
p.000145: (a) the requirements of sections 181 to 189 and of accreditation agreements relating to accredited employers have
p.000145: been met; and
p.000145: (b) accredited employers have provided accurate and complete reports to the Corporation in accordance with
p.000145: accreditation agreements.
p.000145: (2) Persons carrying out any audit under subsection (1) must, during the course of the audit, give the following
p.000145: an opportunity to be heard in relation to the audit:
p.000145: (a) representatives of the accredited employer; and
p.000145: (b) representatives of employees of the accredited employer (including any union to which those employees
p.000145: belong that is registered under the Employment Relations Act 2000).
p.000145: Compare: 1998 No 114 s 326G
p.000145:
p.000145: 189 Reporting and information
p.000145: (1) An accredited employer must report to the Corporation in accordance with the accreditation agreement.
p.000145: (2) The Corporation may use information received under subsection (1) for the purposes of enabling the
p.000145: information manager to carry out the manager’s func- tions and duties under Part 8, and for other purposes of this Act.
p.000145: (3) All information received by an accredited employer in relation to work-related personal injury claims made
p.000145: by an employee of the employer under the accreditation agreement is the property of the Corporation.
p.000145: (4) An accredited employer must provide to each employee, without charge, a written statement that
p.000145: specifies the procedures and requirements under the accreditation agreement in relation to the lodging of
p.000145: claims, provision of rehabilitation, handling of claims, assessment of incapacity, assessment of vocational
p.000145: independence, and dispute resolution.
p.000145: Compare: 1998 No 114 s 326H
p.000145:
p.000145: Purchase of weekly compensation by shareholder-employees
p.000145: 190 Purchase of weekly compensation by shareholder-employees
p.000145: (1) A shareholder-employee may apply to purchase from the Corporation, in accordance with subsection (2),
p.000145: the right to receive weekly compensation pro- vided in an agreed manner for loss of earnings as a shareholder-employee
p.000145: for any personal injury for which the shareholder-employee has cover under this Act.
p.000145: (2) For the purposes of subsection (1), sections 174D, 175, 208(2), 209, 210, 211(1) and (2), and
p.000145: 212, and any relevant regulations made under this Act, apply with necessary modifications, as if the
p.000145: shareholder-employee were a self- employed person.
p.000145:
p.000145:
p.000145:
p.000145:
p.000146: 146
p.000146:
p.000146:
p.000146: Reprinted as at
p.000146: 1 April 2019 Accident Compensation Act 2001
p.000146: Part 6 s 194
p.000146:
p.000146: Section 190(1): amended, on 1 July 2010, by section 19(1)(a) of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000146: 1).
...
p.000211:
p.000212: 212
p.000212:
p.000212:
p.000212: Reprinted as at
p.000212: 1 April 2019 Accident Compensation Act 2001
p.000212: Part 9 s 317
p.000212:
p.000212: Section 316(1)(a): amended, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1
p.000212: April 2004), by section 168(1) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions)
p.000212: Act 2003 (2003 No 5).
p.000212: Section 316(1)(d): amended, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1
p.000212: April 2004), by section 168(2) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions)
p.000212: Act 2003 (2003 No 5).
p.000212: Section 316(6): added, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1
p.000212: April 2004), by section 168(3) of the Taxation (Maori Organisations, Taxpayer Com- pliance and Miscellaneous
p.000212: Provisions) Act 2003 (2003 No 5).
p.000212: Section 316(6): amended, on 1 April 2008 (effective for 2008–09 income year and later income years,
p.000212: except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000212:
p.000212: Proceedings
p.000212: 317 Proceedings for personal injury
p.000212: (1) No person may bring proceedings independently of this Act, whether under any rule of law or any enactment, in
p.000212: any court in New Zealand, for damages arising directly or indirectly out of—
p.000212: (a) personal injury covered by this Act; or
p.000212: (b) personal injury covered by the former Acts.
p.000212: (2) Subsection (1) does not prevent any person bringing proceedings relating to, or arising from,—
p.000212: (a) any damage to property; or
p.000212: (b) any express term of any contract or agreement (other than an accident insurance contract under the
p.000212: Accident Insurance Act 1998); or
p.000212: (c) the unjustifiable dismissal of any person or any other personal grievance arising out of a contract of
p.000212: service.
p.000212: (3) However, no court, tribunal, or other body may award compensation in any proceedings referred to
p.000212: in subsection (2) for personal injury of the kinds described in subsection (1).
p.000212: (4) Subsection (1) does not prevent any person bringing proceedings under—
p.000212: (a) section 50 or section 51 of the Health and Disability Commissioner Act 1994; or
p.000212: (b) any of sections 92B, 92E, 92R, 122, 122A, 122B, 123, or 124 of the Human Rights Act 1993.
p.000212: (5) Subsection (1) does not prevent any person bringing proceedings in any court in New Zealand for damages for
p.000212: personal injury of the kinds described in sub- section (1), suffered in New Zealand or elsewhere, if the cause of
p.000212: action is the defendant’s liability for damages under the law of New Zealand under any international
p.000212: convention relating to the carriage of passengers.
p.000212: (6) Subsection (1) does not affect proceedings to which section 318(3) applies.
p.000212: (7) Nothing in this section is affected by—
p.000212:
p.000213: 213
p.000213:
p.000213:
p.000213:
p.000213:
p.000213: Part 9 s 318 Accident Compensation Act 2001
p.000213: Reprinted as at 1 April 2019
p.000213:
p.000213: (a) the failure or refusal of any person to lodge a claim for personal injury of the kinds described in subsection
p.000213: (1); or
p.000213: (b) any purported denial or surrender by any person of any rights relating to personal injury of the kinds
p.000213: described in subsection (1); or
p.000213: (c) the fact that a person who has suffered personal injury of the kinds described in subsection (1)
p.000213: is not entitled to any entitlement under this Act.
p.000213: Compare: 1998 No 114 s 394
p.000213: Section 317(4)(b): substituted, on 11 May 2005, by section 51 of the Injury Prevention, Rehabilita- tion, and
p.000213: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000213:
p.000213: 318 Proceedings for personal injury caused by work-related gradual process, disease, or infection
p.000213: (1) This section applies to proceedings for damages arising directly or indirectly out of personal injury
p.000213: caused by a work-related gradual process, disease, or infection that is—
p.000213: (a) personal injury covered by this Act; or
p.000213: (b) personal injury covered by the former Acts.
p.000213: (2) No person may bring proceedings to which this section applies independently of this Act in any court in New
p.000213: Zealand, whether the proceedings are under any rule of law or any enactment.
p.000213: (3) Subsection (2) does not prevent a person who commenced proceedings to which this section applies
p.000213: before 1 April 1993 from completing the proceed- ings.
p.000213: (4) Subsection (2) does not prevent any person bringing proceedings relating to, or arising from,—
p.000213: (a) any damage to property; or
p.000213: (b) any express term of any contract or agreement (other than an accident insurance contract under the
p.000213: Accident Insurance Act 1998); or
p.000213: (c) the unjustifiable dismissal of any person or any other personal grievance arising out of a contract of
p.000213: service.
p.000213: (5) However, no court, tribunal, or other body may award compensation in any proceedings referred to
p.000213: in subsection (4) for personal injury of the kinds described in subsection (1).
p.000213: Compare: 1998 No 114 s 395
p.000213:
p.000213: 319 Exemplary damages
p.000213: (1) Nothing in this Act, and no rule of law, prevents any person from bringing pro- ceedings in any court in New
p.000213: Zealand for exemplary damages for conduct by the defendant that has resulted in—
p.000213: (a) personal injury covered by this Act; or
p.000213:
p.000213:
p.000214: 214
p.000214:
p.000214:
p.000214: Reprinted as at
p.000214: 1 April 2019 Accident Compensation Act 2001
p.000214: Part 9 s 321
p.000214:
p.000214: (b) personal injury covered by the former Acts.
p.000214: (2) The court may make an award of exemplary damages for conduct of the kind described in subsection (1) even
p.000214: though—
p.000214: (a) the defendant has been charged with, and acquitted or convicted of, an offence involving the conduct
p.000214: concerned in the claim for exemplary damages; or
p.000214: (b) the defendant has been charged with such an offence, and has been dis- charged without conviction under
p.000214: section 106 of the Sentencing Act 2002 or convicted and discharged under section 108 of that Act; or
p.000214: (c) the defendant has been charged with such an offence and, at the time at which the court is making its decision
...
p.000255:
p.000255:
p.000255:
p.000256: 256
p.000256:
p.000256:
p.000256: Reprinted as at
p.000256: 1 April 2019 Accident Compensation Act 2001
p.000256: Part 11 s 400
p.000256:
p.000256: (2) An accreditation agreement in force under Part 10A of the Accident Insurance Act 1998 immediately before the
p.000256: commencement of this Act—
p.000256: (a) is to be regarded as an accreditation agreement for the purposes of this Act; and
p.000256: (b) continues to apply subject to Part 6.
p.000256: Regulations
p.000256: 396 Regulations providing for transitional matters
p.000256: [Expired]
p.000256: Section 396: expired, on 1 April 2003, by section 397.
p.000256:
p.000256: 397 Expiry of section 396
p.000256: Section 396 expires on the close of 31 March 2003.
p.000256: Relationship of HSE levy and reserves portion
p.000256: 398 Collection of HSE levy
p.000256: Section 478 of the Accident Insurance Act 1998 continues to apply to the levy payable by employers and
p.000256: self-employed persons under section 59 of the Health and Safety in Employment Act 1992 in respect of any period
p.000256: before the commencement of section 478 of the Accident Insurance Act 1998.
p.000256: Transitional provisions relating to Corporation
p.000256: 399 Corporation in lead-up to commencement of this Act
p.000256: The Corporation may, before 1 April 2002, perform any functions and duties of the Corporation, and do anything for the
p.000256: purposes of this Act, so far as may be necessary or expedient for the purpose of giving effect to the provisions of
p.000256: this Act.
p.000256: Compare: 1998 No 114 s 481(1)
p.000256:
p.000256: 400 Transfer of rights and liabilities under former Acts
p.000256: From the commencement of this Act,—
p.000256: (a) all real and personal property of the Corporation and all rights and liabil- ities of the Corporation in
p.000256: existence before the commencement of this section vest in the Corporation continued by this Act; and
p.000256: (b) all proceedings pending by or against the Corporation before the com- mencement of this section may be carried
p.000256: on, completed, or enforced by or against the Corporation continued by this Act.
p.000256: Compare: 1998 No 114 s 482
p.000256:
p.000256:
p.000256:
p.000256:
p.000256:
p.000257: 257
p.000257:
p.000257:
p.000257:
p.000257:
p.000257: Part 11 s 401 Accident Compensation Act 2001
p.000257: Reprinted as at 1 April 2019
p.000257:
p.000257: Savings provision relating to references to premiums
p.000257: 401 References to premiums under former Act include levies under this Act
p.000257: (1) Unless the context otherwise requires, all references in any enactment or docu- ment to premiums or levies
p.000257: paid or payable under any former Act must be read as including a reference to levies paid or payable under this Act.
p.000257: (2) Unless the context otherwise requires, all references in any enactment or docu- ment to levies paid or payable
p.000257: under this Act must be read as including a refer- ence to premiums or levies paid or payable under any former Act.
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000258: 258
p.000258:
p.000258:
...
Social / Religion
Searching for indicator faith:
(return to top)
p.000175: Reprinted as at 1 April 2019
p.000175:
p.000175: (c) the date on and from which the penalty is to be applied.
p.000175: (6) A person to whom this section applies is not liable to pay interest and penalties under this section more
p.000175: than an amount equal to 3 times the amount of the unpaid levy or overdue instalment debt.
p.000175: (7) This section does not apply to a levy payable to the Commissioner.
p.000175: (8) The liability to pay the penalty and interest is in addition to a liability to pay the levy.
p.000175: (9) This section does not limit section 217.
p.000175: (10) References in this section to a levy under a former Act include a premium under a former Act.
p.000175: Compare: 1998 No 114 s 322
p.000175: Section 250(1): amended, on 1 August 2008, by section 25(1) of the Injury Prevention, Rehabilita- tion, and
p.000175: Compensation Amendment Act 2008 (2008 No 46).
p.000175: Section 250(2): amended, on 1 August 2008, by section 25(2) of the Injury Prevention, Rehabilita- tion, and
p.000175: Compensation Amendment Act 2008 (2008 No 46).
p.000175: Section 250(4): amended, on 1 August 2008, by section 25(3)(a) of the Injury Prevention, Rehabilita- tion, and
p.000175: Compensation Amendment Act 2008 (2008 No 46).
p.000175: Section 250(4): amended, on 1 August 2008, by section 25(3)(b) of the Injury Prevention, Rehabilita- tion, and
p.000175: Compensation Amendment Act 2008 (2008 No 46).
p.000175: Section 250(4): amended, on 1 August 2008, by section 25(3)(c) of the Injury Prevention, Rehabilita- tion, and
p.000175: Compensation Amendment Act 2008 (2008 No 46).
p.000175:
p.000175: Recovery of payments
p.000175:
p.000175: 251 Recovery of payments
p.000175: (1) If a person receives a payment from the Corporation in good faith, the Corpor- ation may not recover all or
p.000175: part of the payment on the ground only that the decision under which the payment was made has been revised on
p.000175: medical grounds under section 65.
p.000175: (2) The Corporation may not recover any part of a payment in respect of entitle- ments that was paid as a result
p.000175: of an error not intentionally contributed to by the recipient if the recipient—
p.000175: (a) received the payment in good faith; and
p.000175: (b) has so altered his or her position in reliance on the validity of the pay- ment that it would be inequitable
p.000175: to require repayment.
p.000175: (3) The Corporation may not recover payments to which section 65(2) (revision of deemed decisions) applies.
p.000175: Compare: 1998 No 114 s 372
p.000175:
p.000175: Relationship with social security benefits
p.000175: 252 Relationship with social security benefits: reimbursement by Corporation
p.000175: (1) This section applies if a person—
p.000175:
p.000176: 176
p.000176:
p.000176:
p.000176: Reprinted as at
p.000176: 1 April 2019 Accident Compensation Act 2001
p.000176: Part 6 s 253
p.000176:
p.000176: (a) receives a payment of a specified benefit as defined in section 198(3) of the Social Security Act 2018 in
p.000176: respect of a period; and
p.000176: (b) establishes a claim to an entitlement from the Corporation in respect of all or part of the same period.
p.000176: (2) An excess benefit payment is regarded as having been paid in respect of that entitlement.
p.000176: (3) An excess benefit payment is the part of the benefit payment (up to the amount of the entitlement) that is in
p.000176: excess of the amount of benefit properly payable, having regard to the entitlement under this Act.
p.000176: (4) The Corporation must refund the excess benefit payment to the department responsible for the
p.000176: administration of the Social Security Act 2018—
p.000176: (a) if the Corporation knows that this section applies; or
p.000176: (b) if requested to do so by that department.
p.000176: (5) For the purposes of this section, an excess benefit payment includes a payment of any part of a couple rate of
p.000176: benefit that is paid to the spouse or partner of the person who established the claim to the benefit.
...
Searching for indicator belief:
(return to top)
p.000048: either directly under regulations made under the 1992 Act or under an agreement or contract or arrange- ment under
p.000048: section 29A of the 1992 Act, irrespective of whether or not it made any payment in the particular case.
p.000048: (3) For the purposes of subsection (1), it is irrelevant—
p.000048: (a) that no person can be, or has been, charged with or convicted of the offence; or
p.000048:
p.000048:
p.000049: 49
p.000049:
p.000049:
p.000049:
p.000049:
p.000049: Part 2 s 21A Accident Compensation Act 2001
p.000049: Reprinted as at 1 April 2019
p.000049:
p.000049: (b) that the alleged offender is incapable of forming criminal intent; or
p.000049: (c) whether or not the person who suffered the personal injury was ordinar- ily resident in New Zealand within the
p.000049: meaning of the 1992 Act when the personal injury is deemed to have been suffered.
p.000049: (4) Persons to whom this section applies are deemed to have had cover under the 1992 Act for the personal injury
p.000049: described in subsection (1), and the following provisions apply:
p.000049: (a) payments made by or through the Corporation (or a subsidiary of the Corporation) or the
p.000049: Department of Labour to those persons for a per- sonal injury described in subsection (1), whether made
p.000049: before or after the commencement of this section, are deemed to be entitlements paid under the 1992 Act to the extent
p.000049: that the correct amounts were paid:
p.000049: (b) for the purpose of paragraph (a), it does not matter whether or not the payment is a payment made in the
p.000049: belief that section 8(3) of the 1992 Act provided cover:
p.000049: (c) entitlements available as a result of cover deemed by this section are subject to Part 13 of the
p.000049: Accident Insurance Act 1998 and Part 11 of this Act:
p.000049: (d) Part 5 applies to decisions made by or on behalf of the Corporation between 15 July 2003 and the
p.000049: commencement of this section on claims made under section 8(3) of the 1992 Act for which cover is deemed by this
p.000049: section, and Part 5 applies as if those decisions had been made on the date of the commencement of this section.
p.000049: (5) However, the following provisions apply to civil proceedings brought before or after the commencement of this
p.000049: section seeking general damages for mental or nervous shock suffered by a person as an outcome of any act described in
p.000049: sub- section (1) (the proceedings):
p.000049: (a) if the plaintiff received judgment in the proceedings, in his or her favour, before the commencement of
p.000049: this section, the plaintiff does not have cover under this section for the injury or injuries to which the
p.000049: proceed- ings relate:
p.000049: (b) if the proceedings were filed, but not heard, before the date of introduc- tion of the Injury Prevention,
p.000049: Rehabilitation, and Compensation Amend- ment Act (No 2) 2005, nothing in this section prevents the proceedings from
p.000049: being heard or prevents a court from awarding the plaintiff general damages for the mental or nervous shock:
p.000049: (c) if the plaintiff continues the proceedings, the plaintiff must declare to the court any payments and
p.000049: entitlements received from the Corporation for the personal injury for which damages are sought, and the
p.000049: court must take those payments and entitlements into account in awarding the plain- tiff any damages:
p.000049:
p.000049:
...
p.000094: regard to the claimant’s personal injury, the claim- ant has the capacity to undertake any type of work
p.000094: identified in the occupa- tional assessment and reflected in the claimant’s individual rehabilitation plan.
p.000094: Compare: 1998 No 114 s 94
p.000094:
p.000094: 109 When claimant’s vocational independence to be assessed
p.000094: (1) The Corporation may determine the claimant’s vocational independence at such reasonable intervals as
p.000094: the Corporation considers appropriate.
p.000094: (2) However, the Corporation must determine the claimant’s vocational independ- ence again if—
p.000094: (a) the Corporation has previously determined that the claimant had—
p.000094: (i) vocational independence under this section; or
p.000094: (ii) a capacity for work under section 89 of the Accident Insurance Act 1998; or
p.000094: (iii) a capacity for work under section 51 of the Accident Rehabilita- tion and Compensation Insurance Act 1992; and
p.000094: (b) the Corporation believes, or has reasonable grounds for believing, that the claimant’s vocational
p.000094: independence or capacity for work may have deteriorated due to the injuries that were assessed in the previous voca-
p.000094: tional independence or capacity for work assessment.
p.000094: (3) The claimant may give the Corporation information to assist the Corporation to reach a belief under subsection
p.000094: (2)(b).
p.000094: Compare: 1998 No 114 s 89
p.000094:
p.000095: 95
p.000095:
p.000095:
p.000095:
p.000095:
p.000095: Part 4 s 110 Accident Compensation Act 2001
p.000095: Reprinted as at 1 April 2019
p.000095:
p.000095: Section 109(2)(b): amended, on 11 May 2005, by section 23 of the Injury Prevention, Rehabilitation, and Compensation
p.000095: Amendment Act (No 2) 2005 (2005 No 45).
p.000095:
p.000095: 110 Notice to claimant in relation to assessment of vocational independence
p.000095: (1) The Corporation must give written notice to a claimant required by the Corpor- ation to participate in an
p.000095: assessment of his or her vocational independence.
p.000095: (2) The notice must—
p.000095: (a) state the purpose, nature, and effect of the assessment; and
p.000095: (b) state that the claimant is required to participate in the assessment; and
p.000095: (c) state the consequences of not doing so; and
p.000095: (d) state the claimant’s right to be accompanied by another person during the assessment.
p.000095: (3) The Corporation must not require the claimant to participate in an assess- ment—
p.000095: (a) unless the claimant is likely to achieve vocational independence; and
p.000095: (b) until the claimant has completed any vocational rehabilitation that the Corporation was liable to
p.000095: provide under his or her individual rehabilita- tion plan.
p.000095: Compare: 1998 No 114 s 93
p.000095:
p.000095: 111 How determination that claimant has vocational independence is to be regarded
p.000095: If the Corporation determines under section 107 that a claimant has vocational independence, the determination is to be
p.000095: regarded as—
...
Searching for indicator conviction:
(return to top)
p.000105: 110 Notice to claimant in relation to assessment of vocational 96
p.000105: independence
p.000105: 111 How determination that claimant has vocational independence is to 96
p.000105: be regarded
p.000105: 112 Claimant with vocational independence loses entitlement to 96
p.000105: weekly compensation
p.000105: 113 Claimant who no longer has vocational independence regains 97
p.000105: entitlement to weekly compensation
p.000105: Interest on late payments of weekly compensation
p.000105: 114 Payment of interest when Corporation makes late payment of 97
p.000105: weekly compensation
p.000005: 5
p.000005:
p.000005: Accident Compensation Act 2001
p.000005: Reprinted as at 1 April 2019
p.000005: 114A Corporation must publish applicable interest rate and premium 99
p.000005: Indexation of weekly compensation and related amounts
p.000005: 115 Indexation of weekly compensation and related amounts 100
p.000005: Indexation of other entitlements
p.000005:
p.000005: 116 Indexation of lump sum compensation, funeral grant, survivor’s grant, and child care payments
p.000005: Powers of Corporation
p.000100: 100
p.000100: 117 Corporation may suspend, cancel, or decline entitlements 101
p.000100: Disentitlements
p.000100:
p.000100: 118 Disentitlement because proceedings brought: personal injury caused by work-related gradual process,
p.000100: disease, or infection
p.000100: 119 Disentitlement for wilfully self-inflicted personal injuries and suicide
p.000102: 102
p.000103: 103
p.000103: 120 Disentitlement for conviction for murder 103
p.000103: 121 Disentitlement during imprisonment 104
p.000103: 122 Disentitlement for certain imprisoned offenders 104
p.000103: 122A Exemption from section 122(1) 105
p.000103: General provisions
p.000103: 123 Entitlements inalienable 105
p.000103: 124 Entitlements to be provided to claimant only 106
p.000103:
p.000103: 125 Corporation to pay amount for child to caregiver or financially responsible person
p.000107: 107
p.000107: 126 Corporation to pay amount to claimant’s estate 107
p.000107:
p.000107: 127 Payment of weekly compensation and lump sum compensation to claimant outside New Zealand
p.000107: 107
p.000107: 128 Payment for rehabilitation to claimant outside New Zealand 108
p.000107: 129 Payment for attendant care to claimant outside New Zealand 108
p.000107:
p.000107: 130 Payment to claimant outside New Zealand may be in New Zealand dollars to New Zealand bank account
p.000109: 109
p.000109: 131 Advances of compensation and grants 109
p.000109: 132 Adjustment of payments for part periods 109
p.000109: Part 5 Dispute resolution
p.000109: Preliminary provision
p.000109: 133 Effect of review or appeal on decisions 110
p.000109: Reviews
...
p.000205: services
p.000205: 303 Restriction on purchase by Corporation of public health acute services
p.000205: 205
p.000205:
p.000206: 206
p.000206:
p.000207: 207
p.000207: 304 Minister of Health acts on behalf of the Crown 207
p.000207: Joint purchasing arrangements
p.000207: 305 Joint purchasing arrangements for emergency transport services 207
p.000207: Special leave for non-work injuries
p.000207:
p.000207: 306 Sick leave may be used when employer not liable for first week compensation
p.000207: 207
p.000207: General notification provision
p.000207: 307 How documents given or information notified 208
p.000207: Offences and penalties generally
p.000207: 308 Offence to mislead Corporation 209
p.000207: 309 Offence not to provide requested information to Corporation 209
p.000207: 310 Offence not to provide earnings information to Corporation 210
p.000207: 311 Goods and services tax not payable on penalties or fines 210
p.000207: Liability of directors, employees, and officers
p.000207: 312 Directors, employees, and officers 210
p.000013: 13
p.000013:
p.000013: Accident Compensation Act 2001
p.000013: Reprinted as at 1 April 2019
p.000013: Informations
p.000013: 313 Charges
p.000211: 211
p.000211: Summary conviction [Repealed]
p.000211: 314 Summary conviction [Repealed] 211
p.000211: General fine
p.000211: 315 General fine for offences 211
p.000211: Offences relating to earner levies
p.000211: 316 Offences in relation to deductions 211
p.000211: Proceedings
p.000211: 317 Proceedings for personal injury 213
p.000211:
p.000211: 318 Proceedings for personal injury caused by work-related gradual process, disease, or infection
p.000214: 214
p.000214: 319 Exemplary damages 214
p.000214: 320 Corporation to be heard 215
p.000214: 321 Powers of Corporation when person has right to bring proceedings 215
p.000214: Regulation-making powers
p.000214: 322 Regulations relating to definitions 216
p.000214: 322A Definition of health practitioner may be limited 217
p.000214:
p.000214: 323 Regulations relating to claims for noise-induced hearing loss caused by work-related gradual process
p.000218: 218
p.000218: 324 Regulations relating to rehabilitation 218
p.000218:
p.000218: 324A Annual review of amounts prescribed by regulations made under section 324
p.000220: 220
p.000220: 325 Regulations relating to ancillary services for rehabilitation 220
p.000220: 326 Regulations relating to lump sum compensation 222
p.000220:
...
p.000101: Section 118(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000101: Amendment Act (No 2) 2005 (2005 No 45).
p.000101:
p.000101:
p.000101:
p.000101:
p.000101:
p.000102: 102
p.000102:
p.000102:
p.000102: Reprinted as at
p.000102: 1 April 2019 Accident Compensation Act 2001
p.000102: Part 4 s 120
p.000102:
p.000102: 119 Disentitlement for wilfully self-inflicted personal injuries and suicide
p.000102: (1) The Corporation must not provide any entitlements under Schedule 1 for any of the following:
p.000102: (a) a personal injury that a claimant wilfully inflicts on himself or herself, or, with intent to injure
p.000102: himself or herself, causes to be inflicted upon himself or herself:
p.000102: (b) the death of a claimant due to an injury inflicted in the circumstances described in paragraph
p.000102: (a):
p.000102: (c) the death of a claimant due to suicide.
p.000102: (2) However, subsection (1) does not excuse the Corporation from liability to pro- vide the claimant with
p.000102: entitlements for—
p.000102: (a) treatment; and
p.000102: (b) any ancillary service related to treatment referred to in clause 3(1) of Schedule 1.
p.000102: (3) Subsection (1) does not apply if the personal injury or death was the result of—
p.000102: (a) mental injury suffered because of physical injuries suffered by the claim- ant for which he or she had cover;
p.000102: or
p.000102: (b) mental injury suffered by the claimant in the circumstances described in section 21 or 21B.
p.000102: Section 119: substituted, on 1 July 2010, by section 12 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000102:
p.000102: 120 Disentitlement for conviction for murder
p.000102: (1) The Corporation must not provide any entitlement under Part 4 of Schedule 1 to a claimant if the claimant—
p.000102: (a) is entitled to the entitlement because of the death of another person; and
p.000102: (b) has been convicted in New Zealand or another country of the murder of the other person.
p.000102: (2) The Corporation must suspend any entitlement that the Corporation is liable to provide under Part 4 of
p.000102: Schedule 1 to the claimant because of the death of another person, if the claimant has been charged with the
p.000102: murder of the other person.
p.000102: (3) The suspension lasts until the proceedings in respect of the charge are finally determined or the charge is
p.000102: withdrawn.
p.000102: (4) An entitlement provided to a claimant under Part 4 of Schedule 1 becomes a debt due to the Corporation, and
p.000102: may be recovered in any court of competent jurisdiction, if—
p.000102: (a) the Corporation has provided the entitlement because of the death of another person; and
p.000102:
p.000102:
p.000102:
p.000103: 103
p.000103:
p.000103:
p.000103:
p.000103:
p.000103: Part 4 s 121 Accident Compensation Act 2001
p.000103: Reprinted as at 1 April 2019
p.000103:
p.000103: (b) the claimant has been convicted by a court in New Zealand or another country of the murder of the other
p.000103: person.
p.000103: (5) In this section, murder—
p.000103: (a) means murder within the meaning of the Crimes Act 1961; and
p.000103: (b) includes any killing of a person outside New Zealand that would, if done in New Zealand, have amounted to
p.000103: murder.
p.000103: Compare: 1998 No 114 s 121
...
p.000121: Compare: 1998 No 118 s 162
p.000121:
p.000121: 160 Court may make order prohibiting publication
p.000121: (1) The court may make—
p.000121: (a) an order forbidding publication of any report or account of the whole or part of—
p.000121: (i) the evidence adduced; or
p.000121: (ii) the submissions made:
p.000121: (b) an order forbidding the publication of the name, address, or occupation, or particulars likely to lead to the
p.000121: identification, of—
p.000121: (i) a party to the appeal; or
p.000121: (ii) a person who is entitled to appear and be heard; or
p.000121: (iii) a witness.
p.000121: (2) The court may make an order under subsection (1) if it is of the opinion that it is necessary and appropriate
p.000121: to do so to protect the privacy of a person referred to in subsection (1)(b), but the court may not make the order to
p.000121: protect the Cor- poration.
p.000121: (3) An order under subsection (1)—
p.000121: (a) may be made for a limited period or permanently; and
p.000121: (b) if made for a limited period, may be renewed for a further period or periods; and
p.000121: (c) if made permanently, may be reviewed by the court at any time.
p.000121: (4) Every person who commits a breach of any order made under subsection (1) or evades or attempts to evade any
p.000121: such order commits an offence and is liable on conviction,—
p.000121:
p.000121:
p.000122: 122
p.000122:
p.000122:
p.000122: Reprinted as at
p.000122: 1 April 2019 Accident Compensation Act 2001
p.000122: Part 5 s 162
p.000122:
p.000122: (a) in the case of an individual, to a fine not exceeding $1,000:
p.000122: (b) in the case of a body corporate, to a fine not exceeding $5,000.
p.000122: Compare: 1998 No 114 s 163
p.000122:
p.000122: 161 Decisions on appeal
p.000122: (1) The court must determine an appeal by—
p.000122: (a) dismissing the appeal; or
p.000122: (b) modifying the review decision; or
p.000122: (c) quashing the review decision.
p.000122: (2) If the court quashes the review decision, it must indicate the effect clearly. The effect may be, for example,
p.000122: to—
p.000122: (a) endorse the Corporation’s decision; or
p.000122: (b) require the Corporation to take the action the court specifies in relation to the Corporation’s decision; or
p.000122: (c) require another review to be conducted in accordance with directions the court gives.
p.000122: (3) Without limiting subsections (1) and (2),—
p.000122: (a) if the appellant, without reasonable excuse, does not appear at the time appointed for hearing the appeal, the
p.000122: court may dismiss the appeal:
p.000122: (b) if the appellant does not prosecute the appeal with due diligence, the court may, on the
p.000122: application of any party, dismiss the appeal.
p.000122: Compare: 1998 No 114 s 164
p.000122:
p.000122: Further appeals
p.000122: 162 Appeal to High Court on question of law
p.000122: (1) A party to an appeal who is dissatisfied with the decision of the District Court as being wrong in law may,
...
p.000168: Section 239(1): amended, on 3 March 2010, by section 39 of the Accident Compensation Amend- ment Act 2010 (2010 No 1).
p.000168:
p.000168:
p.000169: 169
p.000169:
p.000169:
p.000169:
p.000169:
p.000169: Part 6 s 240 Accident Compensation Act 2001
p.000169: Reprinted as at 1 April 2019
p.000169:
p.000169: 240 Determinations
p.000169: For the purposes of this Part, the Corporation may determine—
p.000169: (a) whether any income derived by a person is earnings as an employee or earnings as a self-employed person; and
p.000169: (b) whether a person is an employer, an employee, or a self-employed per- son, or any category of employer,
p.000169: employee, or self-employed person; and
p.000169: (c) such other related matters as it considers necessary or relevant for the purpose of assessing the
p.000169: amount of any levy payable.
p.000169: Compare: SR 1996/196 r 23
p.000169:
p.000169: 241 Statements
p.000169: (1) An employer and an earner must provide such statements of earnings or esti- mates of earnings as the
p.000169: Corporation may require.
p.000169: (2) Statements required under subsection (1) must be in such form and contain such particulars as the
p.000169: Corporation may determine.
p.000169: (3) The Corporation may require any person who provides a statement under sub- section (1) to provide further
p.000169: information, and the person must comply with the requirement.
p.000169: Compare: SR 1999/196 r 24
p.000169:
p.000169: 242 Failure to provide statement
p.000169: (1) A person who is required to deliver any statement, document, or other informa- tion under section 241 and who
p.000169: intentionally fails to do so commits an offence against this Act, and is liable on conviction to the penalty specified
p.000169: in section 315.
p.000169: (2) Subsection (1) does not apply where a statement, document, or other informa- tion is to be provided to the
p.000169: Commissioner as an agent of the Corporation.
p.000169: Compare: SR 1999/196 r 27
p.000169: Section 242(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
p.000169: No 81).
p.000169:
p.000169: 243 Power to assess levies
p.000169: (1) The Corporation may determine the amount of levy that ought to be or to have been paid in any case where—
p.000169: (a) an accurate statement of the matters required to be stated in relation to earnings under this Act or
p.000169: regulations made under this Act has not been made; or
p.000169: (b) the Corporation is not satisfied with the statement; or
p.000169: (c) the Corporation is not satisfied that the proper levy has been paid.
p.000169:
p.000169:
p.000169:
p.000170: 170
p.000170:
p.000170:
p.000170: Reprinted as at
p.000170: 1 April 2019 Accident Compensation Act 2001
p.000170: Part 6 s 245
p.000170:
p.000170: (2) Subject to subsection (3), the Corporation may at any time alter or add to the determination made under
p.000170: subsection (1) if such action is necessary to ensure its correctness.
p.000170: (3) If a statement has been delivered in respect of any period and a levy has been paid in respect of that period,
p.000170: the Corporation has no power to make a deter- mination (if a determination has not been made), or alter a determination
p.000170: (if a determination has been made), after the expiration of 4 years beginning on the close of the tax year in
...
p.000207: the day after the day on which it is sent, and it is sufficient proof of sending that a correct
p.000207: machine-generated acknowledge- ment of receipt exists.
p.000207: (7) This section is subject to section 52 and to any provision of this Act that specif- ically provides how a
p.000207: document is to be given.
p.000207: Compare: 1998 No 114 s 368
p.000207:
p.000207:
p.000207:
p.000208: 208
p.000208:
p.000208:
p.000208: Reprinted as at
p.000208: 1 April 2019 Accident Compensation Act 2001
p.000208: Part 9 s 309
p.000208:
p.000208: Offences and penalties generally
p.000208: 308 Offence to mislead Corporation
p.000208: (1) A person commits an offence who, for the purpose described in subsection (2) or with the result described in
p.000208: subsection (3),—
p.000208: (a) makes any statement knowing it to be false in any material particular; or
p.000208: (b) wilfully does or says anything, or omits to do or say anything, for the purpose of misleading or attempting to
p.000208: mislead the Corporation or any other person concerned in the administration of this Act.
p.000208: (2) The purpose is—
p.000208: (a) for that person to receive or continue to receive any payment or entitle- ment; or
p.000208: (b) for another person to receive or continue to receive any payment or entitlement.
p.000208: (3) The result is—
p.000208: (a) that that person receives or continues to receive any payment or entitle- ment, whether or not entitled to it
p.000208: under this Act; or
p.000208: (b) that another person receives or continues to receive any payment or entitlement, whether or not
p.000208: entitled to it under this Act.
p.000208: (4) A person who commits an offence against this section is liable on conviction to imprisonment for a term
p.000208: not exceeding 3 months or a fine not exceeding
p.000208: $5,000.
p.000208: Compare: 1998 No 114 s 375
p.000208:
p.000208: 309 Offence not to provide requested information to Corporation
p.000208: (1) This section applies to—
p.000208: (a) an employer or former employer of a claimant:
p.000208: (b) a person who has provided any rehabilitation to a claimant:
p.000208: (c) a person who has sought or received any payment in respect of a claim- ant.
p.000208: (2) A person to whom this section applies must provide the Corporation with any information or statement, when
p.000208: requested to do so by the Corporation, for the purposes of facilitating decisions about cover and the timely
p.000208: and appropriate provision of entitlements, or detecting fraud.
p.000208: (3) A person to whom this section applies commits an offence if the person refuses or fails to supply, without
p.000208: reasonable excuse, the information or statement requested under subsection (2).
p.000208: (4) This section does not apply unless the claimant has authorised the request being made and the
p.000208: person of whom the request is made has notice of that authorisation.
p.000208:
p.000209: 209
p.000209:
p.000209:
p.000209:
p.000209:
p.000209: Part 9 s 310 Accident Compensation Act 2001
p.000209: Reprinted as at 1 April 2019
p.000209:
p.000209: (5) A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
p.000209: Compare: 1998 No 114 s 376
p.000209:
p.000209: 310 Offence not to provide earnings information to Corporation
p.000209: (1) This section applies to a person who is receiving—
p.000209: (a) first week compensation; or
p.000209: (b) weekly compensation.
p.000209: (2) A person to whom this section applies commits an offence if he or she fails to advise the Corporation as
p.000209: soon as practicable if his or her earnings have increased after he or she began receiving compensation
p.000209: in such a way as to reduce the compensation payable to him or her.
p.000209: (3) A person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000.
p.000209: Compare: 1998 No 114 s 377
p.000209:
p.000209: 311 Goods and services tax not payable on penalties or fines
p.000209: To avoid doubt, goods and services tax under the Goods and Services Tax Act 1985 is not payable in respect of any fine,
p.000209: penalty, or interest that is payable under this Act or any of the former Acts.
p.000209: Liability of directors, employees, and officers
p.000209: 312 Directors, employees, and officers
p.000209: (1) A director, employee, agent, or officer of a body corporate commits an offence against this Act if—
p.000209: (a) the body corporate commits an offence against this Act (the principal offence); and
p.000209: (b) the principal offence was caused by an act done or carried out by, or by an omission of, the director,
p.000209: employee, agent, or officer.
p.000209: (2) A director, employee, agent, or officer who does or carries out the act or omis- sion referred to in
p.000209: subsection (1) is liable on conviction for up to the same maximum penalty that could apply to an individual,
p.000209: if an individual had com- mitted the principal offence.
p.000209: (3) An employee or officer of a body corporate includes a person who, by reason of the person’s employment with,
p.000209: or position in relation to, the body corporate, is responsible by law, contract, or otherwise for undertaking an action
p.000209: on behalf of the body corporate.
p.000209: Compare: 1998 No 114 s 378
p.000209:
p.000209:
p.000209:
p.000209:
p.000209:
p.000210: 210
p.000210:
p.000210:
p.000210: Reprinted as at
p.000210: 1 April 2019 Accident Compensation Act 2001
p.000210: Part 9 s 316
p.000210:
p.000210: Informations
p.000210: 313 Charges
p.000210: (1) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period
p.000210: in respect of an offence against this Act, or any regulations made under it, ends on the date that is 5 years
p.000210: after the termination of the year in which the offence was committed.
p.000210: (2) A charging document may charge the defendant with any number of offences against this Act (whether arising
p.000210: under this section or otherwise) or against regulations made under this Act.
p.000210: (3) A charging document that charges more than 1 such offence must set out separ- ately the particulars of each
p.000210: offence charged.
p.000210: (4) Multiple charges must be heard together unless the court, either before or at any time during the
p.000210: trial, considers it just that any charge should be heard sep- arately and makes an order to that effect.
p.000210: Compare: 1998 No 114 s 379
p.000210: Section 313: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
p.000210: No 81).
p.000210:
p.000210: Summary conviction [Repealed]
p.000210: Heading: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000210:
p.000210: 314 Summary conviction
p.000210: [Repealed]
p.000210: Section 314: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
p.000210: No 81).
p.000210:
p.000210: General fine
p.000210: 315 General fine for offences
p.000210: A person who commits an offence against this Act or any regulations made under it for which no fine is
p.000210: provided in this Act or its regulations, otherwise than in this section, is liable on conviction to a fine not
p.000210: exceeding $500.
p.000210: Compare: 1998 No 114 s 381
p.000210:
p.000210: Offences relating to earner levies
p.000210: 316 Offences in relation to deductions
p.000210: (1) Subject to subsection (5), a person commits an offence against this Act who,—
p.000210: (a) being an employer, or a PAYE intermediary or a private domestic worker, knowingly does not make a
p.000210: deduction required to be made under section 221; or
p.000210:
p.000210:
p.000211: 211
p.000211:
p.000211:
p.000211:
p.000211:
p.000211: Part 9 s 316 Accident Compensation Act 2001
p.000211: Reprinted as at 1 April 2019
p.000211:
p.000211: (b) knowingly applies or permits the application of the amount of a deduc- tion made or deemed to be made under
p.000211: section 221 for any purpose other than in payment to the Corporation or an agent of the Corporation; or
p.000211: (c) knowingly provides altered, false, incomplete, or misleading information to the Corporation or any other
p.000211: person in respect of any matter or thing affecting a deduction required to be made under section 221; or
p.000211: (d) causes or attempts to cause any employer, any PAYE intermediary or a private domestic worker or other person
p.000211: to refrain from making a deduc- tion required to be made under section 221 or to make a lesser deduction than the
p.000211: deduction required to be made under section 221; or
p.000211: (e) obtains or attempts to obtain, for the person’s own advantage or benefit, credit with respect to, or a
p.000211: payment of, the whole or any part of the amount of a deduction made in accordance with section 221
p.000211: from an amount included in the earnings of any other person.
...
p.000213: (4) Subsection (2) does not prevent any person bringing proceedings relating to, or arising from,—
p.000213: (a) any damage to property; or
p.000213: (b) any express term of any contract or agreement (other than an accident insurance contract under the
p.000213: Accident Insurance Act 1998); or
p.000213: (c) the unjustifiable dismissal of any person or any other personal grievance arising out of a contract of
p.000213: service.
p.000213: (5) However, no court, tribunal, or other body may award compensation in any proceedings referred to
p.000213: in subsection (4) for personal injury of the kinds described in subsection (1).
p.000213: Compare: 1998 No 114 s 395
p.000213:
p.000213: 319 Exemplary damages
p.000213: (1) Nothing in this Act, and no rule of law, prevents any person from bringing pro- ceedings in any court in New
p.000213: Zealand for exemplary damages for conduct by the defendant that has resulted in—
p.000213: (a) personal injury covered by this Act; or
p.000213:
p.000213:
p.000214: 214
p.000214:
p.000214:
p.000214: Reprinted as at
p.000214: 1 April 2019 Accident Compensation Act 2001
p.000214: Part 9 s 321
p.000214:
p.000214: (b) personal injury covered by the former Acts.
p.000214: (2) The court may make an award of exemplary damages for conduct of the kind described in subsection (1) even
p.000214: though—
p.000214: (a) the defendant has been charged with, and acquitted or convicted of, an offence involving the conduct
p.000214: concerned in the claim for exemplary damages; or
p.000214: (b) the defendant has been charged with such an offence, and has been dis- charged without conviction under
p.000214: section 106 of the Sentencing Act 2002 or convicted and discharged under section 108 of that Act; or
p.000214: (c) the defendant has been charged with such an offence and, at the time at which the court is making its decision
p.000214: on the claim for exemplary dam- ages, the charge has not been dealt with; or
p.000214: (d) the defendant has not, at the time at which the court is making its deci- sion on the claim for exemplary
p.000214: damages, been charged with such an offence; or
p.000214: (e) the limitation period for bringing a charge for such an offence has expired.
p.000214: (3) In determining whether to award exemplary damages and, if they are to be awarded, the amount of
p.000214: them, the court may have regard to—
p.000214: (a) whether a penalty has been imposed on the defendant for an offence involving the conduct
p.000214: concerned in the claim for exemplary damages; and
p.000214: (b) if so, the nature of the penalty.
p.000214: Compare: 1998 No 114 s 396
p.000214: Section 319(2)(b): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002
p.000214: No 9).
p.000214:
p.000214: 320 Corporation to be heard
p.000214: (1) This section applies to proceedings in which a question arises as to whether or not a person—
p.000214: (a) has suffered personal injury for which he or she has cover; or
p.000214: (b) has suffered personal injury covered by the former Acts; or
p.000214: (c) has died because of personal injury of a kind described in paragraph (a) or paragraph (b).
p.000214: (2) The court, tribunal, or other body hearing the proceedings may not make a determination unless the
p.000214: Corporation is a party to the proceedings or is given an opportunity to be heard.
...
Social / Soldier
Searching for indicator armedXforces:
(return to top)
p.000339: [Repealed]
p.000339: Schedule 5 clause 22: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339: 23 Employees not in service of Crown
p.000339: [Repealed]
p.000339: Schedule 5 clause 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339: 24 Liability of members and employees
p.000339: [Repealed]
p.000339: Schedule 5 clause 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339: Delegations
p.000339: 25 Additional persons to whom delegations can be made
p.000339: Despite section 73(1)(d) of the Crown Entities Act 2004, the Corporation need not obtain the approval of the
p.000339: Minister before delegating services provided under this Act to any person referred to in paragraph (d) of that
p.000339: section.
p.000339: Schedule 5 clause 25: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000340: 340
p.000340:
p.000340:
p.000340: Reprinted as at
p.000340: 1 April 2019 Accident Compensation Act 2001
p.000340: Schedule 6
p.000340:
p.000340: Schedule 6 Consequential amendments
p.000340: s 337
p.000340:
p.000340: Part 1 Acts amended
p.000340: Administration Act 1969 (1969 No 52)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Armed Forces Discipline Act 1971 (1971 No 53)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Carriage by Air Act 1967 (1967 No 151)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Civil Defence Act 1983 (1983 No 46)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Corporations (Investigation and Management) Act 1989 (1989 No 11)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Criminal Justice Act 1985 (1985 No 120)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Customs and Excise Act 1996 (1996 No 27)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Deaths by Accident Compensation Act 1952 (1952 No 35)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Disputes Tribunals Act 1988 (1988 No 110)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: District Courts Act 1947 (1947 No 16)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340:
p.000340:
p.000340:
p.000341: 341
p.000341:
p.000341:
p.000341:
p.000341:
p.000341: Schedule 6 Accident Compensation Act 2001
p.000341: Reprinted as at 1 April 2019
p.000341:
p.000341: Employment Relations Act 2000 (2000 No 24)
p.000341: Amendment(s) incorporated in the Act(s).
p.000341: Fair Trading Act 1986 (1986 No 121)
p.000341: Amendment(s) incorporated in the Act(s).
...
Social / Student
Searching for indicator student:
(return to top)
p.000037: Amendment Act 2005 (2005 No 12).
p.000037: Section 10(1): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context
p.000037: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000037: Section 10(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the
p.000037: context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000037: Section 10(4)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years,
p.000037: except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000037: Section 10(4)(c): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except
p.000037: when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000037:
p.000037: 11 Earnings as an employee: what it does not include
p.000037: (1) Earnings as an employee, in relation to any person and any tax year, does not include—
p.000037: (a) any income-tested benefit, veteran’s pension, New Zealand superannu- ation, or schedular payment; or
p.000037: (aa) any parental leave payments paid under Part 7A of the Parental Leave and Employment Protection Act 1987; or
p.000037:
p.000037:
p.000037:
p.000038: 38
p.000038:
p.000038:
p.000038: Reprinted as at
p.000038: 1 April 2019 Accident Compensation Act 2001
p.000038: Part 1 s 11
p.000038:
p.000038: (ab) any payment paid under the Compensation for Live Organ Donors Act 2016; or
p.000038: (b) any student allowance established in accordance with regulations made under section 303 of the Education Act
p.000038: 1989; or
p.000038: (c) any amount allocated to a person or persons, other than the person who is the employee in question, under
p.000038: sections CD 11, CW 63, DB 58, GB 23, and GB 24 of the Income Tax Act 2007; or
p.000038: (cb) any benefit arising from a share purchase agreement under section CE 2(2) or (4) of the Income Tax
p.000038: Act 2007 when the employer makes an election under section RD 7B of that Act to withhold and pay tax in rela-
p.000038: tion to the benefit; or
p.000038: (d) any amount deemed to be a dividend paid by any person, to the person who is the employee in question, under
p.000038: section GB 25 of the Income Tax Act 2007; or
p.000038: (e) any redundancy payment; or
p.000038: (f) any retiring allowance; or
p.000038: (g) any pension from a superannuation scheme, or pension fund, that is not a retirement scheme (within the meaning
p.000038: of section 6(1) of the Financial Markets Conduct Act 2013) nor a superannuation scheme registered under the
p.000038: Superannuation Schemes Act 1989; or
p.000038: (h) any pension that is paid in the circumstances set out in any of the follow- ing provisions:
p.000038: (i) section DF 4 of the Income Tax Act 1994 or section DC 2 of the Income Tax Act 2004 or section DC 2 of
p.000038: the Income Tax Act 2007:
p.000038: (ii) section DF 8A or section DF 8B of the Income Tax Act 1994 or section DC 3 of the Income Tax Act 2004 or
p.000038: section DC 3 of the Income Tax Act 2007:
p.000038: (iii) sections FB 11 and FB 12 of the Income Tax Act 2007.
p.000038: (2) In this section, income-tested benefit, veteran’s pension, New Zealand superannuation, and schedular
...
p.000104: assignment, charge, execution, bankruptcy, or otherwise.
p.000104: (2) This section does not affect—
p.000104: (a) any right of the Corporation to recover any amounts under this Act or to make any deductions authorised by
p.000104: this Act from any entitlements that the Corporation is liable to provide; or
p.000104: (b) an independence allowance that is assigned for a period of not more than 5 years to—
p.000104: (i) an insurer; or
p.000104: (ii) [Repealed]
p.000104: (iii) the Corporation, if the Corporation is liable to provide the allow- ance and the Corporation agrees to the
p.000104: assignment; or
p.000104: (c) sections 4 and 5 of the Maori Housing Act 1935; or
p.000104: (d) sections 154 to 161 of the District Court Act 2016; or
p.000104:
p.000104:
p.000104:
p.000105: 105
p.000105:
p.000105:
p.000105:
p.000105:
p.000105: Part 4 s 124 Accident Compensation Act 2001
p.000105: Reprinted as at 1 April 2019
p.000105:
p.000105: (e) sections 87(2)(b), 88AE(1)(a), 103, 104, 105, 106, 106A, and 106B of
p.000105: the Summary Proceedings Act 1957; or
p.000105: (f) section 27Y of the Social Security Act 1964 (as saved by section 256(1) of the Child Support Act 1991) or
p.000105: regulations made under section 444 of the Social Security Act 2018; or
p.000105: (g) sections 105, 110, 118, and 121 of the Family Proceedings Act 1980 (as saved by section 259(1) of the Child
p.000105: Support Act 1991); or
p.000105: (h) the Child Support Act 1991; or
p.000105: (i) subparts 1, 2, and 5 of Part 2 or section 193 of the Student Loan Scheme Act 2011; or
p.000105: (ia) subpart 1 of Part 3 of the KiwiSaver Act 2006; or
p.000105: (j) section 157 of the Tax Administration Act 1994; or
p.000105: (k) section 41B of the Legal Services Act 2011.
p.000105: Compare: 1998 No 114 s 124
p.000105: Section 123(2)(b)(ii): repealed, on 1 February 2011, by section 241(2) of the Insurance (Prudential Supervision) Act
p.000105: 2010 (2010 No 111).
p.000105: Section 123(2)(d): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
p.000105: Section 123(2)(e): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act
p.000105: 2011 (2011 No 32).
p.000105: Section 123(2)(f): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
p.000105: Section 123(2)(i): replaced, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).
p.000105: Section 123(2)(i): amended (with effect on 1 April 2012), on 30 March 2013, by section 45 of the Student Loan Scheme
p.000105: Amendment Act 2013 (2013 No 10).
p.000105: Section 123(2)(ia): inserted, on 1 December 2006, by section 231 of the KiwiSaver Act 2006 (2006
p.000105: No 40).
p.000105: Section 123(2)(j): amended, on 2 September 2013, by section 4 of the Accident Compensation Amendment Act
p.000105: 2013 (2013 No 44).
p.000105: Section 123(2)(k): inserted, on 2 September 2013, by section 4 of the Accident Compensation Amendment Act
p.000105: 2013 (2013 No 44).
p.000105:
p.000105: 124 Entitlements to be provided to claimant only
p.000105: (1) The Corporation must provide entitlements only to the claimant to whom the Corporation is liable to provide
p.000105: the entitlements.
p.000105: (2) Subsection (1) does not apply—
p.000105: (a) to payments made by the Corporation directly to a person for providing entitlements to the claimant; or
p.000105: (b) to payments authorised by regulations to be made to any other person; or
p.000105: (c) to payments made under section 125 or section 126.
p.000105: Compare: 1998 No 114 s 125
p.000105:
p.000105:
p.000106: 106
p.000106:
p.000106:
p.000106: Reprinted as at
p.000106: 1 April 2019 Accident Compensation Act 2001
p.000106: Part 4 s 127
p.000106:
p.000106: 125 Corporation to pay amount for child to caregiver or financially responsible person
p.000106: (1) This section applies if an entitlement (other than weekly compensation payable under clause 32 of Schedule 1)
p.000106: provided to a claimant who is not yet 16 years old is solely a payment of money.
p.000106: (2) The Corporation must make the payment—
p.000106: (a) to a person who is caring for the claimant; or
p.000106: (b) if the Corporation considers that it would not be appropriate to make the payment to such a person, to another
...
p.000365: Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31): section 150(2)
p.000365: Statutes Amendment Act 2016 (2016 No 104): Part 1
p.000365: Compensation for Live Organ Donors Act 2016 (2016 No 96): section 30
p.000365: Accident Compensation Amendment Act 2016 (2016 No 73)
p.000365: Interest on Money Claims Act 2016 (2016 No 51): section 29
p.000365: District Court Act 2016 (2016 No 49): section 261
p.000365: Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27): sections 228, 229
p.000365: Accident Compensation (Effective Date for Repeal of Residual Levies Provisions) Notice 2015 (LI 2015/221): clause 3
p.000365: Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 (2015 No 85)
p.000365: Accident Compensation Amendment Act 2015 (2015 No 71)
p.000365: Accident Compensation (Cover for Mental Injury—Indecency Offences) Amendment Act 2015 (2015 No 45)
p.000365:
p.000360: 360
p.000360:
p.000360:
p.000360: Reprinted as at
p.000360: 1 April 2019 Accident Compensation Act 2001
p.000360: Notes
p.000360:
p.000360: Accident Compensation Amendment Act (No 2) 2013 (2013 No 105)
p.000360: WorkSafe New Zealand Act 2013 (2013 No 94): section 22
p.000360: Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
p.000360: Crown Entities Amendment Act 2013 (2013 No 51): sections 42, 72
p.000360: Accident Compensation Amendment Act 2013 (2013 No 44)
p.000360: Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13): sections 65(1), 97
p.000360: Social Assistance (Living Alone Payments) Amendment Act 2013 (2013 No 11): section 16(1)
p.000360: Student Loan Scheme Amendment Act 2013 (2013 No 10): section 45
p.000360: Minimum Wage (Starting-out Wage) Amendment Act 2013 (2013 No 8): section 6
p.000360: Legislation Act 2012 (2012 No 119): section 77(3)
p.000360: Criminal Procedure Act 2011 (2011 No 81): section 413
p.000360: Student Loan Scheme Act 2011 (2011 No 62): section 223
p.000360: Summary Proceedings Amendment Act 2011 (2011 No 32): section 26
p.000360: Health Practitioners Competence Assurance (Designation of Anaesthetic Technology Services as Health
p.000360: Profession) Order 2011 (SR 2011/227): clause 6(2)
p.000360: Insurance (Prudential Supervision) Act 2010 (2010 No 111): section 241(2)
p.000360: Accident Compensation Amendment Act 2010 (2010 No 1)
p.000360: Customs and Excise Amendment Act 2009 (2009 No 61): section 11(4)
p.000360: Immigration Act 2009 (2009 No 51): section 406(1)
p.000360: Land Transport Amendment Act 2009 (2009 No 17): section 35(4)
p.000360: Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60): section 17 Injury Prevention, Rehabilitation,
p.000360: and Compensation Amendment Act 2008 (2008 No 46)
p.000360: Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008 (2008 No 26)
p.000360: Injury Prevention, Rehabilitation, and Compensation (Occupational Diseases) Order 2007 (SR 2007/402)
p.000360: Income Tax Act 2007 (2007 No 97): section ZA 2(1)
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8) KiwiSaver Act 2006 (2006 No 40):
p.000360: section 231
p.000360: Education Amendment Act 2006 (2006 No 19): section 60(1)
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45)
p.000360: New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42): section 9(1)
p.000360: Crimes Amendment Act 2005 (2005 No 41): section 10
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) Crown Entities Act 2004 (2004 No
p.000360: 115): section 200
p.000360: Corrections Act 2004 (2004 No 50): section 206
...
Social / Trade Union Membership
Searching for indicator union:
(return to top)
p.000044: because of the health, imprisonment, or employment obli- gations of either person A or the claimant.
p.000044: (4) Spouse, in relation to a deceased claimant, means a person (person B) to whom the deceased
p.000044: claimant was legally married immediately before his or her death.
p.000044: (5) However, person B is not the spouse of a deceased claimant if, at the time of the deceased claimant’s death,—
p.000044: (a) person B and the deceased claimant were living apart; and
p.000044: (b) the deceased claimant was not contributing financially to person B’s welfare.
p.000044:
p.000044:
p.000045: 45
p.000045:
p.000045:
p.000045:
p.000045:
p.000045: Part 1 s 18A Accident Compensation Act 2001
p.000045: Reprinted as at 1 April 2019
p.000045:
p.000045: (6) Subsection (5) does not apply if the circumstances set out in the subsection occurred principally
p.000045: because of the health, imprisonment, or employment obli- gations of either person B or the deceased claimant.
p.000045: Compare: 1998 No 114 s 25
p.000045: Section 18(1): substituted, on 26 April 2005, by section 4(1) of the Injury Prevention, Rehabilitation, and
p.000045: Compensation Amendment Act 2005 (2005 No 12).
p.000045: Section 18(4): substituted, on 26 April 2005, by section 4(2) of the Injury Prevention, Rehabilitation, and
p.000045: Compensation Amendment Act 2005 (2005 No 12).
p.000045:
p.000045: 18A Partner (and partner in relation to deceased claimant)
p.000045: (1) Partner means a person (person A) with whom the claimant is in a civil union or a de facto relationship.
p.000045: (2) However, person A is not the partner of a claimant if—
p.000045: (a) person A and the claimant are living apart; and
p.000045: (b) the claimant is not contributing financially to person A’s welfare.
p.000045: (3) Subsection (2) does not apply if the circumstances set out in the subsection occurred principally
p.000045: because of the health, imprisonment, or employment obli- gations of either person A or the claimant.
p.000045: (4) Partner, in relation to a deceased claimant, means a person (person B)—
p.000045: (a) with whom the deceased claimant was in a civil union immediately before his or her death; or
p.000045: (b) with whom the deceased claimant was in a de facto relationship immedi- ately before his or her death.
p.000045: (5) However, person B is not the partner of a deceased claimant if, at the time of the deceased claimant’s death,—
p.000045: (a) person B and the deceased claimant were living apart; and
p.000045: (b) the deceased claimant was not contributing financially to person B’s welfare.
p.000045: (6) Subsection (5) does not apply if the circumstances set out in the subsection occurred principally
p.000045: because of the health, imprisonment, or employment obli- gations of either person B or the deceased claimant.
p.000045: Section 18A: inserted, on 26 April 2005, by section 5 of the Injury Prevention, Rehabilitation, and Compensation
p.000045: Amendment Act 2005 (2005 No 12).
p.000045:
p.000045: Part 2 Cover
p.000045: Preliminary provision
p.000045: 19 Key terms in this Part
p.000045: This Part uses and defines the following key terms:
p.000045:
p.000045:
p.000046: 46
p.000046:
p.000046:
p.000046: Reprinted as at
p.000046: 1 April 2019 Accident Compensation Act 2001
p.000046: Part 2 s 20
p.000046:
p.000046: accident (which is defined in section 25)
p.000046: mental injury (which is defined in section 27)
p.000046: motor vehicle injury (which is defined in sections 29(2) and 35)
p.000046: personal injury (which is defined in section 26)
p.000046: personal injury caused by a work-related gradual process, disease, or infection (which is defined in section
p.000046: 30)
p.000046: treatment injury (which is defined in section 32)
p.000046: work-related personal injury (which is defined in sections 28 and 29(1)).
...
p.000141: Section 180(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000141: Amendment Act 2007 (2007 No 8).
p.000141:
p.000141: Accredited employers
p.000141:
p.000141: 181 Interpretation
p.000141: In this section and in sections 182 to 189, unless the context otherwise requires,—
p.000141: accreditation agreement means an agreement between the Corporation and an employer entered into, or to be entered into,
p.000141: under the framework
p.000141: accredited employer means an employer who has entered into an accreditation agreement; and includes the Corporation
p.000141: while it is accredited under section 186
p.000141: claim management period, in relation to an accredited employer and a work- related personal injury, means the
p.000141: claim management period agreed to in or under the employer’s accreditation agreement, being a period of not less
p.000141: than 12 months and not more than 60 months from the date of the injury
p.000141: framework means the framework established under or continued by section 183 (as the case requires).
p.000141: Compare: 1998 No 114 s 326A
p.000141:
p.000141: 182 Objectives of sections 181 to 189
p.000141: The objectives of sections 181 to 189 are to—
p.000141: (a) promote injury prevention and rehabilitation; and
p.000141: (b) reduce work-related personal injury claim costs and levies; and
p.000141: (c) provide benchmarks against which the extent and management of work- related personal injuries can be measured—
p.000141: by allowing accredited employers (after consulting their employees or their employees’ representatives,
p.000141: including any union registered under the Employ- ment Relations Act 2000 that their employees belong to) to
p.000141: provide at their own cost entitlements in relation to work-related personal injuries suffered by their employees
p.000141: during a claim management period.
p.000141: Compare: 1998 No 114 s 326B
p.000141:
p.000141:
p.000141:
p.000141:
p.000142: 142
p.000142:
p.000142:
p.000142: Reprinted as at
p.000142: 1 April 2019 Accident Compensation Act 2001
p.000142: Part 6 s 184
p.000142:
p.000142: 183 Framework to be established
p.000142: (1) The Minister must, by notice in the Gazette, establish a framework under which the Corporation and
p.000142: an employer may agree that for an agreed period the employer will provide entitlements in relation to work-related
p.000142: personal injuries suffered by the employer’s employees in that employer’s employment.
p.000142: (2) The framework must not contain any provision that is inconsistent with any provision of sections
p.000142: 181 to 189.
p.000142: (3) The Minister may, by notice in the Gazette, change or replace the framework, after such consultation as
p.000142: the Minister considers appropriate has been under- taken.
p.000142: (4) A notice in the Gazette under this section is a disallowable instrument, but not a legislative instrument, for
p.000142: the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that
p.000142: Act.
p.000142: (5) Any framework established under Part 10A of the Accident Insurance Act 1998 that is in force
...
p.000143:
p.000143:
p.000143:
p.000143:
p.000143: Part 6 s 185 Accident Compensation Act 2001
p.000143: Reprinted as at 1 April 2019
p.000143:
p.000143: 185 Accreditation requirements
p.000143: (1) The Corporation may enter into an accreditation agreement with an employer only if, in the opinion of the
p.000143: Corporation, the employer—
p.000143: (a) has appropriate experience in managing occupational health and safety issues positively; and
p.000143: (b) has demonstrated commitment to injury prevention; and
p.000143: (c) has demonstrated understanding and awareness of the importance of—
p.000143: (i) rehabilitation; and
p.000143: (ii) the employer’s involvement in the rehabilitation of the employer’s employees; and
p.000143: (d) has appropriate policies and procedures in place to prevent work-related personal injuries; and
p.000143: (e) has adequate resources, policies, and procedures in place to manage work-related personal injury
p.000143: claims; and
p.000143: (f) has adequate resources, policies, and procedures in place to promote and manage rehabilitation; and
p.000143: (g) has adequate procedures in place to fulfil the reporting requirements in section 189; and
p.000143: (h) is able and will continue to be able to meet its expected financial and other obligations in
p.000143: relation to work-related personal injury claims because it is solvent and financially sound; and
p.000143: (i) has consulted with the employer’s employees and any representatives of those employees (including any union
p.000143: to which those employees belong that is registered under the Employment Relations Act 2000) about the employer’s
p.000143: ability to comply with paragraphs (a) to (h).
p.000143: (2) The Corporation may revoke an accreditation agreement at any time if, in the opinion of the Corporation after
p.000143: discussion with the employer, the employer no longer complies with the framework or no longer fulfils the
p.000143: requirements in paragraphs (a) to (h) of subsection (1).
p.000143: Compare: 1998 No 114 s 326E
p.000143:
p.000143: 186 Corporation may be accredited employer
p.000143: (1) The Corporation can become an accredited employer only in accordance with this section.
p.000143: (2) Despite any other provision of sections 181 to 189, the Minister may establish a procedure for the following
p.000143: purposes:
p.000143: (a) providing for the Minister to appoint the Corporation as an accredited employer in relation to its
p.000143: employees:
p.000143: (b) providing for the manner in which the Corporation is to carry out its functions and duties as an
p.000143: accredited employer:
p.000143:
p.000144: 144
p.000144:
p.000144:
p.000144: Reprinted as at
p.000144: 1 April 2019 Accident Compensation Act 2001
p.000144: Part 6 s 188
p.000144:
p.000144: (c) providing for any matters that may be provided for in an accreditation agreement under sections 181 to 189.
p.000144: (3) In carrying out its functions and duties as an accredited employer, the Corpor- ation must act in accordance
p.000144: with the procedure established under subsection (2).
...
p.000144: or liquidation, that debt is, to the extent it rep- resents payment of weekly compensation to an employee, to be
p.000144: regarded as ranking in priority next after wages or salary.
p.000144: (4) The obligations of an accredited employer under, and other provisions of, an accreditation agreement in
p.000144: respect of any work-related personal injury claim relating to injury suffered during the period specified
p.000144: for the purpose in the accreditation agreement continue after the termination of the agreement as if the
p.000144: agreement remained in force.
p.000144: Compare: 1998 No 114 s 326F
p.000144:
p.000144: 188 Monitoring and audit
p.000144: (1) The Corporation must establish a monitoring programme for accredited employers, which may
p.000144: include audits of the activities of accredited employers to ascertain whether—
p.000144:
p.000144:
p.000145: 145
p.000145:
p.000145:
p.000145:
p.000145:
p.000145: Part 6 s 189 Accident Compensation Act 2001
p.000145: Reprinted as at 1 April 2019
p.000145:
p.000145: (a) the requirements of sections 181 to 189 and of accreditation agreements relating to accredited employers have
p.000145: been met; and
p.000145: (b) accredited employers have provided accurate and complete reports to the Corporation in accordance with
p.000145: accreditation agreements.
p.000145: (2) Persons carrying out any audit under subsection (1) must, during the course of the audit, give the following
p.000145: an opportunity to be heard in relation to the audit:
p.000145: (a) representatives of the accredited employer; and
p.000145: (b) representatives of employees of the accredited employer (including any union to which those employees
p.000145: belong that is registered under the Employment Relations Act 2000).
p.000145: Compare: 1998 No 114 s 326G
p.000145:
p.000145: 189 Reporting and information
p.000145: (1) An accredited employer must report to the Corporation in accordance with the accreditation agreement.
p.000145: (2) The Corporation may use information received under subsection (1) for the purposes of enabling the
p.000145: information manager to carry out the manager’s func- tions and duties under Part 8, and for other purposes of this Act.
p.000145: (3) All information received by an accredited employer in relation to work-related personal injury claims made
p.000145: by an employee of the employer under the accreditation agreement is the property of the Corporation.
p.000145: (4) An accredited employer must provide to each employee, without charge, a written statement that
p.000145: specifies the procedures and requirements under the accreditation agreement in relation to the lodging of
p.000145: claims, provision of rehabilitation, handling of claims, assessment of incapacity, assessment of vocational
p.000145: independence, and dispute resolution.
p.000145: Compare: 1998 No 114 s 326H
p.000145:
p.000145: Purchase of weekly compensation by shareholder-employees
p.000145: 190 Purchase of weekly compensation by shareholder-employees
p.000145: (1) A shareholder-employee may apply to purchase from the Corporation, in accordance with subsection (2),
...
p.000315: (c) to any other dependant of the claimant, $2,351.40.
p.000315: (2) Adjustments to the amounts specified in subclause (1) must be made in the manner provided in
p.000315: section 116.
p.000315: Compare: 1998 No 114 Schedule 1 cl 66
p.000315: Schedule 1 clause 65(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000315: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000315:
p.000315: 66 Weekly compensation for surviving spouse or partner
p.000315: (1) The Corporation is liable to pay weekly compensation to a surviving spouse or partner of a deceased claimant.
p.000315: (2) Weekly compensation payable under this clause is payable from the date of the claimant’s death at the rate of
p.000315: 60% of—
p.000315: (a) the weekly compensation for loss of earnings to which the claimant would have been entitled at the
p.000315: end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
p.000315: (b) the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled
p.000315: at the end of 6 months of incap- acity, had he or she lived but been totally incapacitated.
p.000315: (3) Subclause (2) is subject to clause 74.
p.000315: (4) The Corporation must not cancel or suspend the surviving spouse’s or partner’s weekly compensation—
p.000315: (a) because the spouse or partner marries, enters into a civil union, or enters into a de facto relationship; or
p.000315: (b) [Repealed]
p.000315: (c) because of the age that the claimant would have reached if he or she had not died.
p.000315: (5) The surviving spouse or partner ceases to be entitled to weekly compensation on the latest of—
p.000315: (a) the end of 5 consecutive years from the date on which it first became payable:
p.000315: (b) the surviving spouse or partner ceasing to have the care of all of the chil- dren who are under the age of 18
p.000315: years:
p.000315:
p.000315:
p.000315:
p.000316: 316
p.000316:
p.000316:
p.000316: Reprinted as at
p.000316: 1 April 2019 Accident Compensation Act 2001
p.000316: Schedule 1
p.000316:
p.000316: (c) the youngest of the children of the deceased who is in the care of the sur- viving spouse or partner turning
p.000316: 18 years:
p.000316: (d) the surviving spouse or partner ceasing to have the care of all other dependants of the deceased
p.000316: claimant who were in the surviving spouse’s or partner’s care.
p.000316: Compare: 1998 No 114 Schedule 1 cl 67
p.000316: Schedule 1 clause 66 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and
p.000316: Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000316: Schedule 1 clause 66(4): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000316: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
...
Social / Victim of Abuse
Searching for indicator victim:
(return to top)
p.000056: infection.
p.000056: (4A) Work-related personal injury includes work-related mental injury that is suf- fered in the circumstances
p.000056: described in section 21B.
p.000056: (5) Work-related personal injury includes personal injury suffered by a person resulting from treatment for a
p.000056: work-related personal injury as defined in sub- sections (1), (3), or (4), whether or not the injury is a
p.000056: treatment injury as defined in section 32.
p.000056: (6) Work-related personal injury does not include personal injury suffered by a person when all the following
p.000056: conditions exist:
p.000056:
p.000056:
p.000056:
p.000057: 57
p.000057:
p.000057:
p.000057:
p.000057:
p.000057: Part 2 s 29 Accident Compensation Act 2001
p.000057: Reprinted as at 1 April 2019
p.000057:
p.000057: (a) the personal injury is suffered in any of the circumstances described in subsection (1); and
p.000057: (b) the personal injury is suffered in the circumstances described in section 21; and
p.000057: (c) the person elects to have the personal injury regarded as a non-work injury, in which case that
p.000057: personal injury is a non-work injury.
p.000057: (7) It is irrelevant to the decision whether the person suffered a work-related per- sonal injury that, when the
p.000057: event causing the injury occurred, he or she—
p.000057: (a) may have been acting in contravention of any Act or regulations applic- able to the employment, or in
p.000057: contravention of any instructions, or in the absence of instructions; or
p.000057: (b) may have been working under an illegal contract; or
p.000057: (c) may have been indulging in, or may have been the victim of, miscon- duct, skylarking, or
p.000057: negligence; or
p.000057: (d) may have been the victim of a force of nature.
p.000057: (8) This section is subject to section 29 (personal injuries that are both work-rela- ted and motor vehicle
p.000057: injuries).
p.000057: Compare: 1998 No 114 s 32
p.000057: Section 28(4A): inserted, on 1 October 2008, by section 9 of the Injury Prevention, Rehabilitation, and Compensation
p.000057: Amendment Act 2008 (2008 No 46).
p.000057: Section 28(5): amended, on 1 July 2005, by section 11 of the Injury Prevention, Rehabilitation, and Compensation
p.000057: Amendment Act (No 2) 2005 (2005 No 45).
p.000057:
p.000057: 29 Personal injury that is both work-related and motor vehicle injury
p.000057: (1) An injury is a work-related personal injury, and is not a motor vehicle injury, if it—
p.000057: (a) falls within the definitions of both work-related personal injury and motor vehicle injury; but
p.000057: (b) is suffered in the circumstances described in section 28(1)(c) or (d) that relate to travel to or from
p.000057: employment or a place of treatment.
p.000057: (2) An injury is a motor vehicle injury, and is not a work-related personal injury, if it—
p.000057: (a) falls within the definitions of both motor vehicle injury and work-related personal injury; but
p.000057: (b) is suffered in the circumstances described in section 28(1)(a) or (b).
p.000057: (3) However, a person is entitled to first week compensation if either subsection
p.000057: (1) or subsection (2) applies.
p.000057: Compare: 1998 No 114 ss 32(4), 38(3)
p.000057:
p.000057:
p.000057:
p.000057:
p.000057:
p.000058: 58
p.000058:
p.000058:
p.000058: Reprinted as at
p.000058: 1 April 2019 Accident Compensation Act 2001
p.000058: Part 2 s 30
p.000058:
p.000058: 30 Personal injury caused by work-related gradual process, disease, or infection
...
Social / Youth/Minors
Searching for indicator minor:
(return to top)
p.000067: (1) The Corporation must, in all its dealings with claimants, ensure that its actions are consistent with and
p.000067: uphold the rights of claimants in the Code.
p.000067: (2) The Corporation must—
p.000067: (a) make the Code accessible to claimants and members of the public gener- ally; and
p.000067: (b) promote awareness of the Code among claimants and members of the public generally.
p.000067: (3) For the purposes of subsection (2), the Corporation must make the Code acces- sible, and promote awareness
p.000067: of the Code, in a variety of communications media and languages.
p.000067: 46 Application of Legislation Act 2012 to Code
p.000067: The Code is a legislative instrument and a disallowable instrument for the pur- poses of the Legislation Act 2012 and
p.000067: must be presented to the House of Rep- resentatives under section 41 of that Act.
p.000067: Section 46: replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000068: 68
p.000068:
p.000068:
p.000068: Reprinted as at
p.000068: 1 April 2019 Accident Compensation Act 2001
p.000068: Part 3 s 50
p.000068:
p.000068: 47 Amendments to Code
p.000068: (1) The Code may be amended by the Minister approving, by notice in the Gazette, 1 or more amendments to the
p.000068: Code proposed by the Minister or the Corpor- ation.
p.000068: (2) Sections 42(2) to (5), 43, and 44 apply, with all necessary modifications, in relation to an
p.000068: amendment to the Code as if the amendment were the preparation of a draft Code.
p.000068: (3) However, those provisions do not apply to an amendment if—
p.000068: (a) the amendment is a minor or technical amendment; and
p.000068: (b) the Minister considers that compliance with those provisions is unneces- sary.
p.000068:
p.000068: Claims process
p.000068: 48 Person to lodge claim for cover and entitlement
p.000068: A person who wishes to claim under this Act must lodge a claim with the Cor- poration for—
p.000068: (a) cover for his or her personal injury; or
p.000068: (b) cover, and a specified entitlement, for his or her personal injury; or
p.000068: (c) a specified entitlement for his or her personal injury, once the Corpor- ation has accepted the person has
p.000068: cover for the personal injury.
p.000068: Compare: 1998 No 114 s 54
p.000068:
p.000068: 49 Treatment provider lodging claim on behalf of person
p.000068: A treatment provider lodging a claim under section 48 on behalf of a person must lodge the claim promptly with
p.000068: the Corporation after the person has authorised its being lodged.
p.000068: Compare: 1998 No 114 s 57
p.000068:
p.000068: 50 Responsibilities of Corporation after claim lodged
p.000068: (1) On receiving a claim for cover under section 48 from a person, the Corporation must—
p.000068: (a) decide whether or not it accepts that the person has cover; and
p.000068: (b) if it accepts that the person has cover,—
p.000068: (i) provide information about the entitlements to which it considers the claimant may be entitled; and
p.000068: (ii) facilitate the claimant’s access to those entitlements.
p.000068: (2) If the claim is for cover for a treatment injury, the Corporation must provide the claimant with information
...
p.000136: or approved by the Corporation:
p.000136: (d) the frequency of audits or assessments and the circumstances under which additional audits or
p.000136: assessments may be required.
p.000136: (4) A notice in the Gazette under subsection (1), and an audit tool developed for the purposes of subsection
p.000136: (3)(c), may incorporate by reference any material referred to in section 176, and that section and
p.000136: section 177 apply as if the notice were a regulation made for the purposes of section 175, the audit tool were an
p.000136: audit tool referred to in section 175(4), and the reference to the Minis- ter in section 176(3) were a reference to the
p.000136: Corporation.
p.000136: (5) A notice in the Gazette under this section is a disallowable instrument, but not a legislative instrument, for
p.000136: the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that
p.000136: Act.
p.000136:
p.000136:
p.000136:
p.000137: 137
p.000137:
p.000137:
p.000137:
p.000137:
p.000137: Part 6 s 174E Accident Compensation Act 2001
p.000137: Reprinted as at 1 April 2019
p.000137:
p.000137: Section 174D: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000137:
p.000137: 174E Amendments to workplace incentive programme
p.000137: (1) A workplace incentive programme may be amended in the same manner as a workplace incentive programme is
p.000137: developed and established.
p.000137: (2) Sections 174B to 174D apply, with all necessary modifications, in relation to an amendment to a workplace
p.000137: incentive programme.
p.000137: (3) Despite subsection (2), sections 174B(2) and 174C(3) do not apply if the amendment is a minor or
p.000137: technical amendment.
p.000137: (4) A notice in the Gazette under this section is a disallowable instrument, but not a legislative instrument, for
p.000137: the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that
p.000137: Act.
p.000137: Section 174E: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000137:
p.000137: 174F Corporation must report on effectiveness of workplace incentive programmes
p.000137: The Corporation must include in its annual report under section 150 of the Crown Entities Act 2004 a report
p.000137: on the effectiveness of workplace incentive programmes in reducing the incidence and impact of work-related
p.000137: personal injuries.
p.000137: Section 174F: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000137:
p.000137: 175 Risk adjustment of Work Account levies
p.000137: (1) [Repealed]
p.000137: (2) [Repealed]
p.000137: (3) A Work Account levy determined for the purposes of section 168 may be adjusted up, in accordance
p.000137: with regulations made under this Act, for a particu- lar employer on the basis of an audit of the employer’s
p.000137: safety management practices.
p.000137: (4) An audit of an employer’s safety management practices must be conducted in accordance with an audit tool or
p.000137: audit tools that—
p.000137: (a) are approved by the Minister; and
p.000137: (b) measure safety management practice or safety management capability, as the case may be, against independent
p.000137: New Zealand or foreign standards.
p.000137: (5) If any upward adjustment of levies under subsection (3) is to occur for a par- ticular employer, sections 178
...
p.000203: (3) Any application to the District Court under this section must be made to the District Court specified in
p.000203: regulations for that purpose and must be made in the prescribed manner.
p.000203: (4) In determining an application under this section, the District Court must have regard to the purpose set out
p.000203: in section 294(2) and must make a determination about which party or parties is or are liable to provide or manage the
p.000203: claimant’s entitlements in respect of both the previous injury and the subsequent injury, and in doing so must
p.000203: incorporate any matters that have already been agreed between the parties.
p.000203: (5) A determination of the District Court may allocate responsibility on a specified basis to either the insurer
p.000203: and the Corporation or to both, including in relation to entitlements that have already been provided and in relation
p.000203: to entitlements that are to be provided.
p.000203: (6) If satisfied that either the previous injury or the subsequent injury is, or was for a particular period,
p.000203: wholly or substantially causing the claimant’s ongoing incapacity or the claimant’s need for ongoing
p.000203: entitlements, the District Court may in its determination direct accordingly that the insurer or the Corporation must
p.000203: bear all of the responsibilities for entitlements from a specified time or for a specified period.
p.000203: (7) In making a determination under this section, the District Court must determine the matter according to the
p.000203: substantial merits of the situation, without regard to minor matters.
p.000203: (8) If the circumstances of the claimant change and the parties are unable to reach agreement about any changes to
p.000203: their responsibilities, either party may apply to the District Court by originating application for further
p.000203: directions in accord- ance with this section.
p.000203: 297 Entitlements not affected by court direction
p.000203: In making a determination under section 296, the District Court must not—
p.000203: (a) direct the Corporation to provide any independence allowance payable in respect of the previous
p.000203: injury; or
p.000203: (b) direct the insurer to provide any lump sum compensation or independ- ence allowance payable in respect of the
p.000203: subsequent injury.
p.000203: 298 Work-related gradual process, disease, or infection involving exposure before 1 April 2002
p.000203: (1) This section applies if a claimant suffers a personal injury caused by a work- related gradual process,
p.000203: disease, or infection on or after 1 April 2002.
p.000203: (2) If an employment task referred to in section 30(2) was performed by the claim- ant or the claimant was
p.000203: employed in an environment referred to in that provi-
p.000203:
p.000204: 204
p.000204:
p.000204:
p.000204: Reprinted as at
p.000204: 1 April 2019 Accident Compensation Act 2001
p.000204: Part 9 s 301
p.000204:
p.000204: sion, at any time on or after 1 July 1999 and before 1 July 2000, the Corpor- ation is entitled to recover some or all
p.000204: of the costs of providing entitlements to the claimant from the insurer who insured the claimant’s employer or, in the
p.000204: case of a self-employed person, the insurer who was the insurer of the self- employed person, at that time
p.000204: under the Accident Insurance Act 1998.
...
Social / education
Searching for indicator education:
(return to top)
p.000023: mean- ing of the Consular Privileges and Immunities Act 1971); or
p.000023: (b) as a representative or officer or employee of the Government of any country other than New Zealand;
p.000023: or
p.000023:
p.000023:
p.000023:
p.000024: 24
p.000024:
p.000024:
p.000024: Reprinted as at
p.000024: 1 April 2019 Accident Compensation Act 2001
p.000024: Part 1 s 6
p.000024:
p.000024: (c) as a representative or officer or employee of any international organisa- tion or of the Commonwealth
p.000024: Secretariat or of any organ of an inter- national organisation or the Commonwealth Secretariat; or
p.000024: (d) as a representative at any conference convened in New Zealand by an international organisation or
p.000024: by the Commonwealth Secretariat
p.000024: former Act includes the Accident Insurance Act 1998, the Accident Rehabili- tation and Compensation Insurance Act 1992,
p.000024: the Accident Compensation Act 1982, and the Accident Compensation Act 1972
p.000024: full-time employment, in relation to an earner, means employment in the 4 weeks immediately before his or
p.000024: her incapacity commenced, for either—
p.000024: (a) an average of at least 30 hours per week; or
p.000024: (b) a lesser number of hours, if the lesser number of hours is defined as full- time employment in the employment
p.000024: agreement under which the earner was employed, because of the particular nature of that employment
p.000024: full-time study means a course of study recognised as full-time by the place of education that administers it
p.000024: government agency, for the purposes of Part 8 and section 324(4)(b)(ii), includes a government department and
p.000024: a Crown entity
p.000024: health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015
p.000024: health practitioner—
p.000024: (a) means a person who is, or is deemed to be, registered with an authority established or continued by section
p.000024: 114 of the Health Practitioners Com- petence Assurance Act 2003 as a practitioner of a particular health pro- fession;
p.000024: but
p.000024: (b) in relation to that health profession and to any purpose stated in a rele- vant notice under section 322A,
p.000024: does not include a person who, for that purpose, is declared not to be a health practitioner
p.000024: impairment, unless otherwise defined in regulations made under section 322, means a loss, loss of use, or derangement
p.000024: of any body part, organ system, or organ function
p.000024: incapacity,—
p.000024: (a) for the purposes of determining incapacity, means incapacity determined under section 103 or section 105, as
p.000024: the case may require; and
p.000024: (b) includes absence from employment in order to get treatment for personal injury covered by this Act, if the
p.000024: treatment—
p.000024: (i) is necessary for the injury; and
p.000024: (ii) is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1
p.000024:
p.000024:
p.000025: 25
p.000025:
p.000025:
p.000025:
p.000025:
...
p.000027: section 30
p.000027:
p.000028: 28
p.000028:
p.000028:
p.000028: Reprinted as at
p.000028: 1 April 2019 Accident Compensation Act 2001
p.000028: Part 1 s 6
p.000028:
p.000028: personal injury covered by any former Act means—
p.000028: (a) personal injury covered by the Accident Insurance Act 1998:
p.000028: (b) personal injury covered by the Accident Rehabilitation and Compensa- tion Insurance Act 1992:
p.000028: (c) personal injury by accident covered by the Accident Compensation Act 1982 or the Accident Compensation Act
p.001972: 1972
p.001972: pharmaceutical means—
p.001972: (a) a prescription medicine, a restricted medicine, or a pharmacy-only medi- cine, as listed in Parts 1, 2, and 3
p.001972: of Schedule 1 of the Medicines Regula- tions 1984; or
p.001972: (b) a controlled drug as defined in the Misuse of Drugs Act 1975
p.001972: pharmacist means a health practitioner who—
p.001972: (a) is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health
p.001972: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy; and
p.001972: (b) holds a current practising certificate
p.001972: physiotherapist means a health practitioner who—
p.001972: (a) is, or is deemed to be, registered with the Physiotherapy Board con- tinued by section 114(1)(a)
p.001972: of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy;
p.001972: and
p.001972: (b) holds a current practising certificate
p.001972: place of education—
p.001972: (a) means—
p.001972: (i) a composite school or a secondary school as defined by section 2(1) of the Education Act 1989 or a
p.001972: secondary school registered under section 35A of that Act; and
p.001972: (ii) an institution, such as a polytechnic, teachers college, university or wananga, as defined by section
p.001972: 159(1) of the Education Act 1989; and
p.001972: (iii) a registered establishment as defined by section 159(1) of the Education Act 1989; and
p.001972: (b) includes any other prescribed place of education
p.001972: place of employment means any premises or place—
p.001972: (a) occupied for the purposes of employment; or
p.001972: (b) to which a person has access because of his or her employment; or
p.001972:
p.001972:
p.001972:
p.001972:
p.000029: 29
p.000029:
p.000029:
p.000029:
p.000029:
p.000029: Part 1 s 6 Accident Compensation Act 2001
p.000029: Reprinted as at 1 April 2019
p.000029:
p.000029: (c) attended by a person for a course of education or training for the pur- poses of his or her
p.000029: current employment, if he or she receives earnings from that employment for his or her attendance
p.000029: podiatrist means a health practitioner who—
p.000029: (a) is, or is deemed to be, registered with the Podiatrists Board continued by section 114(1)(a) of the Health
p.000029: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of podiatry; and
p.000029: (b) holds a current practising certificate
p.000029: potential earner means a claimant who either—
p.000029: (a) suffered personal injury before turning 18 years; or
p.000029: (b) suffered personal injury while engaged in full-time study or training that began before the claimant turned 18
p.000029: years and continued uninterrupted until after the claimant turned 18 years
p.000029: practicable, in relation to rehabilitation, means practicable after considering and balancing the following:
p.000029: (a) the nature and consequences of the injury:
p.000029: (b) the achievement of rehabilitation outcomes:
p.000029: (c) costs:
p.000029: (d) cost effectiveness:
p.000029: (e) the availability of other forms of rehabilitation:
p.000029: (f) other relevant factors
p.000029: practising certificate means an annual practising certificate issued by the rele- vant authority under section
p.000029: 26(3) or section 29(4), or deemed to have been issued under section 191(2), of the Health Practitioners
p.000029: Competence Assurance Act 2003
p.000029: private domestic worker means a person—
p.000029: (a) who is employed by any other person where—
p.000029: (i) the employer is the occupier or one of the occupiers of a dwelling- house or other premises used exclusively
p.000029: for residential purposes; and
...
p.000031: (b) section 37 and clause 55 of Schedule 1, when it is used in relation to per- sonal injury caused by a
p.000031: work-related gradual process, disease, or infec- tion:
p.000031: (c) section 38 and clause 55 of Schedule 1, when it is used in relation to treatment injury or
p.000031: personal injury caused by medical misadventure
p.000031: tax year, in relation to any person, has the same meaning as in section YA 1 of the Income Tax Act 2007 for the
p.000031: purposes of furnishing a return of income under the Tax Administration Act 1994
p.000031: trade plate has the same meaning as in section 233(1) of the Land Transport Act 1998
p.000031: treatment includes—
p.000031: (a) physical rehabilitation:
p.000031: (b) cognitive rehabilitation:
p.000031: (c) an examination for the purpose of providing a certificate including the provision of the certificate
p.000031: treatment injury has the meaning set out in section 32
p.000031: Treatment Injury Account means the Account described in section 228
p.000031: treatment provider—
p.000031: (a) means an acupuncturist, audiologist, chiropractor, counsellor, dentist, medical laboratory
p.000031: technologist, nurse, nurse practitioner, occupational therapist, optometrist, osteopath, physiotherapist,
p.000031: podiatrist, medical practitioner, or speech therapist; and
p.000031: (b) includes a member of any occupational group included in the definition of treatment provider by regulations
p.000031: made under section 322
p.000031: vocational independence, in relation to a claimant, means the claimant’s cap- acity, as determined under section 107,
p.000031: to engage in work—
p.000031: (a) for which he or she is suited by reason of experience, education, or train- ing, or any combination of those
p.000031: things; and
p.000031: (b) for 30 hours or more a week
p.000031: weekly compensation means compensation for loss of earnings, or loss of potential earning capacity, and
p.000031: compensation for the spouse or partner, child, or other dependant of a deceased claimant, that is payable by the
p.000031: Corporation—
p.000031: (a) under any of clauses 32, 47, 66, 70, and 71 of Schedule 1; or
p.000031: (b) under sections 131, 210, 224, Part 10, or Part 11
p.000031:
p.000031:
p.000031:
p.000031:
p.000032: 32
p.000032:
p.000032:
p.000032: Reprinted as at
p.000032: 1 April 2019 Accident Compensation Act 2001
p.000032: Part 1 s 6
p.000032:
p.000032: weekly earnings, in relation to an earner, means the weekly earnings of that earner determined in accordance with Part
p.000032: 2 of Schedule 1
p.000032: Work Account means the Account described in section 167
p.000032: work-related personal injury has the meaning set out in sections 28 and 29(1)
p.000032: WorkSafe means WorkSafe New Zealand established by section 5 of the WorkSafe New Zealand Act 2013.
p.000032: (2) An example used in this Act is only illustrative of the provision it relates to. It does not limit the
p.000032: provision.
p.000032: Compare: 1998 No 114 s 13
p.000032: Section 6(1) acupuncturist: substituted, on 11 May 2005, by section 3(1) of the Injury Prevention, Rehabilitation, and
p.000032: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000032: Section 6(1) child paragraph (c)(i): amended, on 26 April 2005, by section 8(1) of the Injury Preven- tion,
p.000032: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
...
p.000034: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000034: Section 6(1) occupational therapist: substituted, on 18 September 2004, by section 175(1) of the Health
p.000034: Practitioners Competence Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) optometrist: substituted, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000034: Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) osteopath: substituted, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000034: Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) other dependant paragraph (c): amended, on 26 April 2005, by section 8(1) of the Injury
p.000034: Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000034: Section 6(1) partner: inserted, on 26 April 2005, by section 3 of the Injury Prevention, Rehabilita- tion, and
p.000034: Compensation Amendment Act 2005 (2005 No 12).
p.000034: Section 6(1) PAYE income payment: inserted, on 1 April 2008 (effective for 2008–09 income year and later income
p.000034: years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No
p.000034: 97).
p.000034: Section 6(1) personal injury caused by medical misadventure: repealed, on 1 July 2005, by section 3(4) of the Injury
p.000034: Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000034: Section 6(1) pharmacist: substituted, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000034: Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) physiotherapist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners
p.000034: Competence Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) place of education paragraph (a)(i): replaced, on 24 October 2018, by section 24 of the Education
p.000034: Amendment Act 2018 (2018 No 40).
p.000034: Section 6(1) podiatrist: substituted, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000034: Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) practising certificate: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners
p.000034: Competence Assurance Act 2003 (2003 No 48).
p.000034: Section 6(1) private domestic worker paragraph (b): amended, on 1 April 2008 (effective for 2008– 09 income year and
p.000034: later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No
p.000034: 97).
p.000034: Section 6(1) registered health professional: substituted, on 18 September 2004, by section 175(1) of the Health
p.000034: Practitioners Competence Assurance Act 2003 (2003 No 48).
p.000034:
p.000034:
p.000035: 35
p.000035:
p.000035:
p.000035:
p.000035:
p.000035: Part 1 s 7 Accident Compensation Act 2001
p.000035: Reprinted as at 1 April 2019
p.000035:
p.000035: Section 6(1) registered health professional paragraph (a): amended, on 1 August 2008, by section 4(2) of the Injury
p.000035: Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000035: Section 6(1) registered medical practitioner: repealed, on 18 September 2004, by section 175(1) of the Health
p.000035: Practitioners Competence Assurance Act 2003 (2003 No 48).
p.000035: Section 6(1) Registrar: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
p.000035: Section 6(1) Residual Claims Account: repealed, on 3 March 2010, by section 6(1) of the Accident Compensation Amendment
p.000035: Act 2010 (2010 No 1).
p.000035: Section 6(1) Residual Claims levy: repealed, on 3 March 2010, by section 6(1) of the Accident
p.000035: Compensation Amendment Act 2010 (2010 No 1).
...
p.000037: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000037: Section 10(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the
p.000037: context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000037: Section 10(4)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years,
p.000037: except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000037: Section 10(4)(c): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except
p.000037: when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000037:
p.000037: 11 Earnings as an employee: what it does not include
p.000037: (1) Earnings as an employee, in relation to any person and any tax year, does not include—
p.000037: (a) any income-tested benefit, veteran’s pension, New Zealand superannu- ation, or schedular payment; or
p.000037: (aa) any parental leave payments paid under Part 7A of the Parental Leave and Employment Protection Act 1987; or
p.000037:
p.000037:
p.000037:
p.000038: 38
p.000038:
p.000038:
p.000038: Reprinted as at
p.000038: 1 April 2019 Accident Compensation Act 2001
p.000038: Part 1 s 11
p.000038:
p.000038: (ab) any payment paid under the Compensation for Live Organ Donors Act 2016; or
p.000038: (b) any student allowance established in accordance with regulations made under section 303 of the Education Act
p.000038: 1989; or
p.000038: (c) any amount allocated to a person or persons, other than the person who is the employee in question, under
p.000038: sections CD 11, CW 63, DB 58, GB 23, and GB 24 of the Income Tax Act 2007; or
p.000038: (cb) any benefit arising from a share purchase agreement under section CE 2(2) or (4) of the Income Tax
p.000038: Act 2007 when the employer makes an election under section RD 7B of that Act to withhold and pay tax in rela-
p.000038: tion to the benefit; or
p.000038: (d) any amount deemed to be a dividend paid by any person, to the person who is the employee in question, under
p.000038: section GB 25 of the Income Tax Act 2007; or
p.000038: (e) any redundancy payment; or
p.000038: (f) any retiring allowance; or
p.000038: (g) any pension from a superannuation scheme, or pension fund, that is not a retirement scheme (within the meaning
p.000038: of section 6(1) of the Financial Markets Conduct Act 2013) nor a superannuation scheme registered under the
p.000038: Superannuation Schemes Act 1989; or
p.000038: (h) any pension that is paid in the circumstances set out in any of the follow- ing provisions:
p.000038: (i) section DF 4 of the Income Tax Act 1994 or section DC 2 of the Income Tax Act 2004 or section DC 2 of
p.000038: the Income Tax Act 2007:
p.000038: (ii) section DF 8A or section DF 8B of the Income Tax Act 1994 or section DC 3 of the Income Tax Act 2004 or
p.000038: section DC 3 of the Income Tax Act 2007:
p.000038: (iii) sections FB 11 and FB 12 of the Income Tax Act 2007.
p.000038: (2) In this section, income-tested benefit, veteran’s pension, New Zealand superannuation, and schedular
p.000038: payment have the same meanings as in sec- tion YA 1 of the Income Tax Act 2007.
p.000038: Compare: 1998 No 114 s 19
...
p.000079: Compare: 1998 No 114 Schedule 1 cl 31
p.000079:
p.000079: 78 Individual rehabilitation plan must be updated
p.000079: An individual rehabilitation plan must be updated from time to time to reflect the outcome of assessments done and
p.000079: progress made under the plan.
p.000079:
p.000079:
p.000080: 80
p.000080:
p.000080:
p.000080: Reprinted as at
p.000080: 1 April 2019 Accident Compensation Act 2001
p.000080: Part 4 s 81
p.000080:
p.000080: 79 Purpose of social rehabilitation
p.000080: The purpose of social rehabilitation is to assist in restoring a claimant’s inde- pendence to the maximum extent
p.000080: practicable.
p.000080: Compare: 1998 No 114 Schedule 1 cl 38
p.000080:
p.000080: 80 Purpose of vocational rehabilitation
p.000080: (1) The purpose of vocational rehabilitation is to help a claimant to, as appropri- ate,—
p.000080: (a) maintain employment; or
p.000080: (b) obtain employment; or
p.000080: (c) regain or acquire vocational independence.
p.000080: (2) Without limiting subsection (1), the provision of vocational rehabilitation includes the provision of
p.000080: activities for the purpose of maintaining or obtaining employment that is—
p.000080: (a) suitable for the claimant; and
p.000080: (b) appropriate for the claimant’s levels of training and experience.
p.000080: Compare: 1998 No 114 Schedule 1 cl 54
p.000080:
p.000080: Social rehabilitation
p.000080: 81 Corporation’s liability to provide key aspects of social rehabilitation
p.000080: (1) In this section, key aspect of social rehabilitation means any of the following:
p.000080: (a) aids and appliances:
p.000080: (b) attendant care:
p.000080: (c) child care:
p.000080: (d) education support:
p.000080: (e) home help:
p.000080: (f) modifications to the home:
p.000080: (g) training for independence:
p.000080: (h) transport for independence.
p.000080: (2) Terms in subsection (1)(a), (b), and (d) to (h) have the same meaning as in clause 12 of
p.000080: Schedule 1.
p.000080: (3) The Corporation is liable to provide a key aspect of social rehabilitation to a claimant—
p.000080: (a) if the conditions in subsection (4) are met; but
p.000080: (b) not earlier than a date determined in accordance with section 83.
p.000080: (4) The conditions are—
p.000080:
p.000080:
p.000080:
p.000080:
p.000081: 81
p.000081:
p.000081:
p.000081:
p.000081:
p.000081: Part 4 s 82 Accident Compensation Act 2001
p.000081: Reprinted as at 1 April 2019
p.000081:
p.000081: (a) a claimant is assessed or reassessed under section 84 as needing the key aspect; and
p.000081: (b) the provision of the key aspect is in accordance with the Corporation’s assessment of it under whichever of
p.000081: clauses 13 to 22 of Schedule 1 are relevant; and
p.000081: (c) the Corporation considers that the key aspect—
p.000081: (i) is required as a direct consequence of the personal injury for which the claimant has cover; and
p.000081: (ii) is for the purpose set out in section 79; and
p.000081: (iii) is necessary and appropriate, and of the quality required, for that purpose; and
p.000081: (iv) is of a type normally provided by a rehabilitation provider; and
p.000081: (d) the provision of the key aspect has been agreed in the claimant’s indi- vidual rehabilitation plan, if a plan
p.000081: has been agreed.
...
p.000083: Amendment Act 2008 (2008 No 46).
p.000083:
p.000083: 86 Matters to be considered in deciding whether to provide vocational rehabilitation
p.000083: (1) In deciding whether to provide vocational rehabilitation, the Corporation must have regard to the matters in
p.000083: section 87.
p.000083: (2) In deciding what vocational rehabilitation is appropriate for the claimant to achieve the purpose of
p.000083: vocational rehabilitation under section 80,—
p.000083:
p.000083:
p.000083:
p.000084: 84
p.000084:
p.000084:
p.000084: Reprinted as at
p.000084: 1 April 2019 Accident Compensation Act 2001
p.000084: Part 4 s 87
p.000084:
p.000084: (a) the Corporation must consider whether it is reasonably practicable to return the claimant to the same
p.000084: employment in which the claimant was engaged, and with the employer who was employing the claimant, when the claimant’s
p.000084: incapacity commenced; and
p.000084: (b) if it is not, the Corporation must consider the following matters:
p.000084: (i) whether it is reasonably practicable to return the claimant to an employment of a different kind
p.000084: with that employer:
p.000084: (ii) whether it is reasonably practicable to return the claimant to the employment in which the claimant was
p.000084: engaged when the claim- ant’s incapacity commenced, but with a different employer:
p.000084: (iii) whether it is reasonably practicable to return the claimant to a dif- ferent employment with a different
p.000084: employer, in which the claim- ant is able to use his or her experience, education, or training:
p.000084: (iv) whether it is reasonably practicable to help the claimant use as many of his or her pre-injury
p.000084: skills as possible to obtain employ- ment.
p.000084: Compare: 1998 No 114 Schedule 1 cl 55
p.000084:
p.000084: 87 Further matters to be considered in deciding whether to provide vocational rehabilitation
p.000084: (1) In deciding whether to provide vocational rehabilitation, the Corporation must have regard to—
p.000084: (a) whether the vocational rehabilitation is likely to achieve its purpose under the claimant’s
p.000084: individual rehabilitation plan; and
p.000084: (b) whether the vocational rehabilitation is likely to be cost-effective, having regard to the likelihood that
p.000084: costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and
p.000084: (c) whether the vocational rehabilitation is appropriate in the circumstances.
p.000084: (2) The Corporation must provide the vocational rehabilitation for the minimum period necessary to
p.000084: achieve its purpose, but must not provide any vocational rehabilitation for longer than 3 years (which need not be
p.000084: consecutive).
p.000084: (2A) Subsection (2) is subject to subsection (2B).
p.000084: (2B) Despite subsection (2), the Corporation may, at its discretion, provide voca- tional rehabilitation
p.000084: for longer than 3 years if the Corporation considers that—
p.000084: (a) the vocational rehabilitation would be likely to achieve its purpose under the claimant’s individual
p.000084: rehabilitation plan; and
p.000084: (b) the vocational rehabilitation would be likely to be cost-effective, having regard to the likelihood that costs
p.000084: of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and
...
p.000092: (a) a claimant who is receiving weekly compensation for loss of earnings from employment—
p.000092: (i) loses that entitlement immediately; and
p.000092: (ii) cannot be subject to a determination under section 107 in respect of that incapacity:
p.000092: (b) a claimant who is not receiving weekly compensation for loss of earn- ings from employment is not entitled to
p.000092: begin receiving it.
p.000092: Compare: 1998 No 114 s 86
p.000092:
p.000092: 105 Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in
p.000092: employment, were potential earners, or had purchased weekly compensation under section 223
p.000092: (1) The Corporation must determine under this section the incapacity of a claimant who—
p.000092: (a) is deemed under clause 43 of Schedule 1 to continue to be an employee, a self-employed person, or a
p.000092: shareholder-employee, as the case may be; or
p.000092: (b) is a potential earner; or
p.000092: (c) has purchased the right to receive weekly compensation under section 223.
p.000092: (2) The question that the Corporation must determine is whether the claimant is unable, because of his
p.000092: or her personal injury, to engage in work for which he or
p.000092:
p.000092:
p.000092:
p.000093: 93
p.000093:
p.000093:
p.000093:
p.000093:
p.000093: Part 4 s 106 Accident Compensation Act 2001
p.000093: Reprinted as at 1 April 2019
p.000093:
p.000093: she is suited by reason of experience, education, or training, or any combin- ation of those things.
p.000093: (3) The references in subsection (2) to a personal injury are references to a per- sonal injury for
p.000093: which the person has cover under this Act.
p.000093: (4) Subsection (3) is for the avoidance of doubt.
p.000093: Compare: 1998 No 114 s 87
p.000093: Section 105 heading: substituted, on 1 August 2008, by section 19(1) of the Injury Prevention,
p.000093: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000093: Section 105(1)(a): amended, on 1 August 2008, by section 19(2) of the Injury Prevention, Rehabilita- tion, and
p.000093: Compensation Amendment Act 2008 (2008 No 46).
p.000093: Section 105(3): added, on 11 May 2005, by section 22 of the Injury Prevention, Rehabilitation, and Compensation
p.000093: Amendment Act (No 2) 2005 (2005 No 45).
p.000093: Section 105(4): added, on 11 May 2005, by section 22 of the Injury Prevention, Rehabilitation, and Compensation
p.000093: Amendment Act (No 2) 2005 (2005 No 45).
p.000093:
p.000093: 106 Effect of determination under section 105 on entitlement to weekly compensation
p.000093: If the Corporation determines under section 105(2) that the claimant is able to engage in work for which he or she is
p.000093: suited by reason of experience, educa- tion, or training, or any combination of those things,—
p.000093: (a) a claimant who is receiving weekly compensation—
p.000093: (i) loses that entitlement immediately; and
p.000093: (ii) cannot be subject to a determination under section 107:
p.000093: (b) a claimant who is not receiving weekly compensation is not entitled to begin receiving it.
p.000093: Compare: 1998 No 114 s 88
p.000093:
p.000093: Vocational independence
p.000093: 107 Corporation to determine vocational independence
p.000093: (1) The Corporation may determine the vocational independence of—
...
p.000093: (2) The Corporation determines a claimant’s vocational independence by requiring the claimant to participate in an
p.000093: assessment carried out—
p.000093: (a) for the purpose in subsection (3); and
p.000093: (b) in accordance with sections 108 to 110 and clauses 24 to 29 of Schedule 1; and
p.000093: (c) at the Corporation’s expense.
p.000093: (3) The purpose of the assessment is to ensure that comprehensive vocational rehabilitation, as
p.000093: identified in a claimant’s individual rehabilitation plan, has
p.000093:
p.000093:
p.000094: 94
p.000094:
p.000094:
p.000094: Reprinted as at
p.000094: 1 April 2019 Accident Compensation Act 2001
p.000094: Part 4 s 109
p.000094:
p.000094: been completed and that it has focused on the claimant’s needs, and addressed any injury-related barriers, to enable
p.000094: the claimant—
p.000094: (a) to maintain or obtain employment; or
p.000094: (b) to regain or acquire vocational independence.
p.000094: 108 Assessment of claimant’s vocational independence
p.000094: (1) An assessment of a claimant’s vocational independence must consist of—
p.000094: (a) an occupational assessment under clause 25 of Schedule 1; and
p.000094: (b) a medical assessment under clause 28 of Schedule 1.
p.000094: (2) The purpose of an occupational assessment is to—
p.000094: (a) consider the progress and outcomes of vocational rehabilitation carried out under the claimant’s individual
p.000094: rehabilitation plan; and
p.000094: (b) consider whether the types of work (whether available or not) identified in the claimant’s individual
p.000094: rehabilitation plan are still suitable for the claimant because they match the skills that the claimant
p.000094: has gained through education, training, or experience.
p.000094: (3) The purpose of a medical assessment is to provide an opinion for the Corpor- ation as to whether, having
p.000094: regard to the claimant’s personal injury, the claim- ant has the capacity to undertake any type of work
p.000094: identified in the occupa- tional assessment and reflected in the claimant’s individual rehabilitation plan.
p.000094: Compare: 1998 No 114 s 94
p.000094:
p.000094: 109 When claimant’s vocational independence to be assessed
p.000094: (1) The Corporation may determine the claimant’s vocational independence at such reasonable intervals as
p.000094: the Corporation considers appropriate.
p.000094: (2) However, the Corporation must determine the claimant’s vocational independ- ence again if—
p.000094: (a) the Corporation has previously determined that the claimant had—
p.000094: (i) vocational independence under this section; or
p.000094: (ii) a capacity for work under section 89 of the Accident Insurance Act 1998; or
p.000094: (iii) a capacity for work under section 51 of the Accident Rehabilita- tion and Compensation Insurance Act 1992; and
p.000094: (b) the Corporation believes, or has reasonable grounds for believing, that the claimant’s vocational
p.000094: independence or capacity for work may have deteriorated due to the injuries that were assessed in the previous voca-
p.000094: tional independence or capacity for work assessment.
...
p.000095: Amendment Act (No 2) 2005 (2005 No 45).
p.000095:
p.000095: 110 Notice to claimant in relation to assessment of vocational independence
p.000095: (1) The Corporation must give written notice to a claimant required by the Corpor- ation to participate in an
p.000095: assessment of his or her vocational independence.
p.000095: (2) The notice must—
p.000095: (a) state the purpose, nature, and effect of the assessment; and
p.000095: (b) state that the claimant is required to participate in the assessment; and
p.000095: (c) state the consequences of not doing so; and
p.000095: (d) state the claimant’s right to be accompanied by another person during the assessment.
p.000095: (3) The Corporation must not require the claimant to participate in an assess- ment—
p.000095: (a) unless the claimant is likely to achieve vocational independence; and
p.000095: (b) until the claimant has completed any vocational rehabilitation that the Corporation was liable to
p.000095: provide under his or her individual rehabilita- tion plan.
p.000095: Compare: 1998 No 114 s 93
p.000095:
p.000095: 111 How determination that claimant has vocational independence is to be regarded
p.000095: If the Corporation determines under section 107 that a claimant has vocational independence, the determination is to be
p.000095: regarded as—
p.000095: (a) a determination under section 103 that the claimant no longer has an incapacity for employment, in
p.000095: relation to a claimant to whom that sec- tion applies, but section 112 applies instead of section 104(a)(i); or
p.000095: (b) a determination under section 105 that the claimant is able to engage in work for which he or she is suited by
p.000095: reason of experience, education, or training, or any combination of those things, in relation to a claimant to whom
p.000095: that section applies, but section 112 applies instead of section 106(a)(i).
p.000095: Compare: 1998 No 114 s 90
p.000095:
p.000095: 112 Claimant with vocational independence loses entitlement to weekly compensation
p.000095: If the Corporation determines under section 107 that a claimant has vocational independence, the claimant loses his or
p.000095: her entitlement to weekly compensa- tion 3 months after the date on which he or she is notified of the determination.
p.000095: Compare: 1998 No 114 s 91
p.000095:
p.000095:
p.000095:
p.000095:
p.000096: 96
p.000096:
p.000096:
p.000096: Reprinted as at
p.000096: 1 April 2019 Accident Compensation Act 2001
p.000096: Part 4 s 114
p.000096:
p.000096: 113 Claimant who no longer has vocational independence regains entitlement to weekly compensation
p.000096: (1) If the Corporation determines under section 109 that a claimant no longer has vocational independence, the
p.000096: claimant regains his or her entitlement to weekly compensation, and the regained entitlement starts from the
p.000096: date of the deter- mination or an earlier date determined by the Corporation.
p.000096: (2) On regaining entitlement to weekly compensation, the claimant is entitled to it at the higher of the following
p.000096: rates:
p.000096: (a) the rate of compensation to which the claimant was entitled when he or she lost the entitlement, adjusted for
p.000096: the intervening period in the man- ner provided in section 115; or
p.000096: (b) the rate of compensation to which the claimant is entitled under Part 2 of Schedule 1, calculated at the time
p.000096: that he or she regains the entitlement.
p.000096: Compare: 1998 No 114 s 92
...
p.000105: Section 123(2)(k): inserted, on 2 September 2013, by section 4 of the Accident Compensation Amendment Act
p.000105: 2013 (2013 No 44).
p.000105:
p.000105: 124 Entitlements to be provided to claimant only
p.000105: (1) The Corporation must provide entitlements only to the claimant to whom the Corporation is liable to provide
p.000105: the entitlements.
p.000105: (2) Subsection (1) does not apply—
p.000105: (a) to payments made by the Corporation directly to a person for providing entitlements to the claimant; or
p.000105: (b) to payments authorised by regulations to be made to any other person; or
p.000105: (c) to payments made under section 125 or section 126.
p.000105: Compare: 1998 No 114 s 125
p.000105:
p.000105:
p.000106: 106
p.000106:
p.000106:
p.000106: Reprinted as at
p.000106: 1 April 2019 Accident Compensation Act 2001
p.000106: Part 4 s 127
p.000106:
p.000106: 125 Corporation to pay amount for child to caregiver or financially responsible person
p.000106: (1) This section applies if an entitlement (other than weekly compensation payable under clause 32 of Schedule 1)
p.000106: provided to a claimant who is not yet 16 years old is solely a payment of money.
p.000106: (2) The Corporation must make the payment—
p.000106: (a) to a person who is caring for the claimant; or
p.000106: (b) if the Corporation considers that it would not be appropriate to make the payment to such a person, to another
p.000106: person or to trustees who, in either case, the Corporation considers will apply the payment as required by
p.000106: subsection (3).
p.000106: (3) A person to whom a payment is made under subsection (2) must apply it for the maintenance, education,
p.000106: advancement, or benefit of the claimant.
p.000106: (4) The Corporation is not under an obligation to see to the application of any money paid under this
p.000106: section, and is not liable to the claimant in respect of any such payment.
p.000106: Compare: 1998 No 114 s 126
p.000106:
p.000106: 126 Corporation to pay amount to claimant’s estate
p.000106: (1) This section applies to any entitlement (other than lump sum compensation under Part 3 of Schedule
p.000106: 1) that is a payment that the Corporation—
p.000106: (a) is liable to make to a claimant, but that has accrued and is unpaid at the date of the claimant’s death; or
p.000106: (b) would have been liable to make to the claimant, if he or she had lodged a claim for it.
p.000106: (2) The Corporation is liable to pay any amount to which this section applies to the claimant’s estate if the
p.000106: estate applies for it within 3 years after the date of the claimant’s death.
p.000106: Compare: 1998 No 114 s 127
p.000106:
p.000106: 127 Payment of weekly compensation and lump sum compensation to claimant outside New Zealand
p.000106: (1) The Corporation must not pay weekly compensation to a claimant who suffered personal injury outside New
p.000106: Zealand for which he or she has cover, and who is not for the time being in New Zealand, unless he or she—
p.000106: (a) had earnings while absent from New Zealand before suffering the per- sonal injury; or
p.000106: (b) had earnings within the period of 6 months immediately before leaving New Zealand.
p.000106: (2) The Corporation must not pay weekly compensation to a claimant outside New Zealand if his or her entitlement
p.000106: to it is based on earnings in employment in
p.000106:
p.000107: 107
p.000107:
p.000107:
p.000107:
p.000107:
...
p.000193: (c) such information and details referred to in paragraphs (a) and (b) as may be necessary for the purposes of
p.000193: this section in respect of persons who are receiving, have received, or have applied to receive any rehabilita- tion.
p.000193: (4) On receipt of a request made under subsection (3), the Department may supply the information requested to any
p.000193: officer or employee or agent of the Corpor- ation who is authorised in that behalf by the Corporation.
p.000193: (5) Information supplied under a request made under subsection (3) may be sup- plied in such form as is determined
p.000193: by agreement between the Corporation and the Department concerned.
p.000193: Compare: 1998 No 114 s 353
p.000193: Section 280(2): amended, on 26 November 2018, by section 459 of the Social Security Act 2018
p.000193: (2018 No 32).
p.000193: Section 280(2): amended, on 4 April 2016, by section 14 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000193: Section 280(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
p.000193:
p.000193: 281 Disclosure of information by Corporation for benefit and benefit debt recovery purposes
p.000193: (1) In this section, unless the context otherwise requires, benefit means any of the following:
p.000193: (a) a benefit as defined in Schedule 2 of the Social Security Act 2018:
p.000193: (b) a funeral grant lump sum payable under section 90 of that Act:
p.000193: (c) any special assistance payable under a programme approved under sec- tion 100 or 101 of that Act:
p.000193: (d) an allowance established by regulations made under section 303 of the Education Act 1989.
p.000193: (2) The purpose of this section is to facilitate the disclosure of information by the Corporation to the
p.000193: department for the time being responsible for the adminis- tration of the Social Security Act 2018 for all or any of
p.000193: the following purposes:
p.000193: (a) to verify the entitlement or eligibility of any person to or for any benefit:
p.000193:
p.000193:
p.000193:
p.000193:
p.000194: 194
p.000194:
p.000194:
p.000194: Reprinted as at
p.000194: 1 April 2019 Accident Compensation Act 2001
p.000194: Part 7 s 282
p.000194:
p.000194: (b) to verify the amount of any benefit to which a person is or was entitled or for which a person is or was
p.000194: eligible:
p.000194: (c) to enable the recovery of any debt due to the Crown in respect of any benefit.
p.000194: (3) For the purpose of this section, the chief executive of the department for the time being responsible for the
p.000194: administration of the Social Security Act 2018 may from time to time, in accordance with arrangements made
p.000194: from time to time between that chief executive and the Corporation, request the Corporation to supply, in respect
p.000194: of persons who are receiving compensation based on weekly earnings,—
p.000194: (a) such biographical information as is sufficient to identify those persons, including their addresses; and
p.000194: (b) such details of the entitlement of those persons to receive compensation based on weekly earnings as are
p.000194: necessary for the purposes of this sec- tion.
p.000194: (4) On receipt of a request made under subsection (3), the Corporation may supply the information requested to
...
p.000215: (a) deduct, from the cost of the entitlement required to be provided to a per- son, a sum equivalent to the
p.000215: net amount received by way of damages, compensation, or settlement; or
p.000215: (b) recover from the person, as a debt due, the entitlement provided.
p.000215: (5) Nothing in subsection (4) applies to—
p.000215: (a) any money paid on a claim by the person under an insurance contract (other than an accident
p.000215: insurance contract under the Accident Insurance Act 1998) taken out by the person:
p.000215: (b) any payment from a retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act
p.000215: 2013):
p.000215: (c) [Repealed]
p.000215: (d) any damages awarded under any Act.
p.000215: Compare: 1998 No 114 s 398
p.000215: Section 321(5)(b): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act
p.000215: 2013 (2013 No 70).
p.000215: Section 321(5)(c): repealed, on 30 June 2002, by section 187 of the Sentencing Act 2002 (2002
p.000215: No 9).
p.000215:
p.000215: Regulation-making powers
p.000215: 322 Regulations relating to definitions
p.000215: (1) The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—
p.000215:
p.000215:
p.000216: 216
p.000216:
p.000216:
p.000216: Reprinted as at
p.000216: 1 April 2019 Accident Compensation Act 2001
p.000216: Part 9 s 322A
p.000216:
p.000216: (a) defining acute admission for the purposes of this Act:
p.000216: (b) defining counsellor for the purposes of this Act:
p.000216: (c) defining impairment for the purposes of this Act:
p.000216: (d) prescribing a place of education for the purposes of this Act:
p.000216: (e) adding an occupational group, or part of an occupational group, to the definition of registered health
p.000216: professional in section 6(1), and defining that group or part by reference to membership of or registration with a
p.000216: particular body or in some other way:
p.000216: (f) adding an occupational group, or part of an occupational group, to the definition of treatment provider in
p.000216: section 6(1), and defining that group or part by reference to membership of or registration with a
p.000216: particular body or in some other way.
p.000216: (g) [Repealed]
p.000216: (2) The Governor-General may, on the recommendation of the Minister and the Minister of Health, by
p.000216: Order in Council, make regulations defining public health acute services for the purposes of this Act.
p.000216: (3) The Minister may not make any recommendation under subsection (1) or sub- section (2) without first
p.000216: consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter
p.000216: of the proposed regu- lations.
p.000216: Compare: 1998 No 114 s 399
p.000216: Section 322(1)(g): repealed, on 1 July 2005, by section 52(2) of the Injury Prevention, Rehabilitation, and
p.000216: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000216:
p.000216: 322A Definition of health practitioner may be limited
p.000216: (1) The Minister may, from time to time, by notice in the Gazette, declare that a person is not a health
p.000216: practitioner of a particular health profession for any pur- poses of this Act that are specified in the notice if—
p.000216: (a) the person is a member of a class described in the notice; and
p.000216: (b) the person’s registration or deemed registration as a practitioner of that health profession under the Health
...
p.000260:
p.000260: Schedule 1 Entitlements
p.000260:
p.000260:
p.000260:
p.000260: ss 6, 67
p.000260:
p.000260:
p.000260: Contents
p.000260:
p.000260: Part 1 Rehabilitation
p.000260: Treatment
p.000260:
p.000260: Page
p.000260: 1 Corporation’s liability to pay or contribute to cost of treatment 265
p.000260: 2 When Corporation is liable to pay cost of treatment 265
p.000260:
p.000260: 3 When Corporation is liable to pay or contribute to cost of ancillary services related to treatment
p.000260: 4 Corporation’s prior agreement to treatment required, except in certain cases
p.000260: 5 Corporation may require claimant to supply information about treatment
p.000266: 266
p.000266:
p.000266: 266
p.000266:
p.000267: 267
p.000267: 6 When Corporation must not decline to pay cost of treatment 267
p.000267: Individual rehabilitation plans
p.000267: 7 Preparation of individual rehabilitation plan 268
p.000267: 8 Agreement to plan
p.000269: 269
p.000269: 9 Disputes about plan
p.000269: 269
p.000269: 10 Corporation and claimant may agree to modify plan 269
p.000269: Ancillary services related to rehabilitation
p.000269:
p.000269: 11 When Corporation is liable to pay or contribute to cost of ancillary services related to rehabilitation
p.000269: Social rehabilitation
p.000269: 269
p.000269: 12 Definitions
p.000270: 270
p.000270: 13 Aids and appliances
p.000273: 273
p.000273: 14 Attendant care
p.000274: 274
p.000274: 15 Child care
p.000274: 274
p.000274: 16 Education support
p.000275: 275
p.000275: 17 Home help
p.000276: 276
p.000276:
p.000276: 18 Modifications to home: matters to which Corporation must have regard
p.000277: 277
p.000277: 19 Modifications to home: rights and responsibilities 278
p.000277: 20 Training for independence 279
p.000277:
p.000277: 21 Transport for independence: matters to which Corporation must have regard
p.000279: 279
p.000279: 22 Transport for independence: rights and responsibilities 280
p.000261: 261
p.000261:
p.000261: Schedule 1 Accident Compensation Act 2001
p.000261: Reprinted as at 1 April 2019
p.000261:
p.000261: 23 Corporation not liable to ensure claimant pays rehabilitation provider
p.000282: 282
p.000282: Vocational rehabilitation
p.000282: 24 Occupational assessor 282
p.000282: 25 Conduct of occupational assessment 282
p.000282: 26 Report on occupational assessment 282
p.000282: 27 Medical assessor
p.000283: 283
p.000283: 28 Conduct of medical assessment 283
p.000283: 29 Report on medical assessment 284
p.000283: Part 2 Weekly compensation
...
p.000269: attendant care—
p.000269: (a) means—
p.000269: (i) personal care; and
p.000269: (ii) assistance with cognitive tasks of daily living, such as communi- cation, orientation, planning, and task
p.000269: completion; and
p.000269: (iii) protection of the claimant from further injury in his or her ordin- ary environment; and
p.000269: (b) includes training a person to provide attendant care, if the Corporation agrees to fund the training; but
p.000269: (c) does not include child care, domestic activities, or home maintenance
p.000269: child—
p.000269: (a) means a child under 14 years; and
p.000269: (b) includes any other child, if the child needs child care because of his or her physical or mental condition
p.000269: communication means conveying and receiving information by using skills such as anger management,
p.000269: assertiveness, ability to concentrate, language, memory, numeracy, social awareness, social skills, speech
p.000269: production and development, and using communications technology
p.000269: domestic activities means cleaning, laundry, meal preparation, and associated shopping activities, in relation to the
p.000269: claimant’s home
p.000269: education support—
p.000269: (a) means the provision of support or assistance for a claimant to assist him or her to achieve independence in
p.000269: educational participation; and
p.000269: (b) includes resource preparation and planning assessed as necessary for the provision of that support or
p.000269: assistance
p.000269:
p.000269:
p.000269:
p.000269:
p.000269:
p.000270: 270
p.000270:
p.000270:
p.000270: Reprinted as at
p.000270: 1 April 2019 Accident Compensation Act 2001
p.000270: Schedule 1
p.000270:
p.000270: educational participation means participation within the claimant’s school day or period of attendance at an
p.000270: early childhood education service by a claim- ant who is—
p.000270: (a) entitled to free enrolment and free education under the Education Act 1989 and is—
p.000270: (i) enrolled at a registered school within the meaning of that Act; or
p.000270: (ii) exempted under section 21 or 22A of that Act from the require- ment to be enrolled; or
p.000270: (iii) exempted under section 26 (but not subsection (1)(b)(iii)) of that Act from attending a school; or
p.000270: (b) attending a licensed early childhood service within the meaning of sec- tion 309 of the Education Act 1989; or
p.000270: (c) enrolled at a State school, special school, special class, or special clinic, under an agreement to which
p.000270: section 9 of the Education Act 1989 applies
p.000270: home—
p.000270: (a) means residential premises in New Zealand in which the claimant lives and which are owned, rented, or
p.000270: otherwise lawfully occupied by the claimant or his or her parent, guardian, or spouse or partner; and
p.000270: (b) includes residential premises in New Zealand in which the claimant pro- poses to live after they are
p.000270: built and which will be owned, rented, or otherwise lawfully occupied by the claimant or his or her parent,
p.000270: guard- ian, or spouse or partner; but
p.000270: (c) does not include any hospital, hostel, hotel, motel, rest home, or other institution
p.000270: home help means the provision, in New Zealand, of domestic activities
p.000270: independence includes the capacity to function in the following areas:
p.000270: (a) communication:
p.000270: (b) domestic activities:
p.000270: (c) educational participation:
p.000270: (e) financial management:
p.000270: (f) health care:
p.000270: (g) hygiene care:
p.000270: (h) mobility:
p.000270: (i) motivation:
p.000270: (j) safety management:
p.000270: (k) sexuality:
p.000270:
p.000270:
p.000270:
p.000271: 271
p.000271:
p.000271:
p.000271:
p.000271:
p.000271: Schedule 1 Accident Compensation Act 2001
p.000271: Reprinted as at 1 April 2019
p.000271:
...
p.000271: personal care means physical assistance to move around and to take care of basic personal needs such as bathing,
p.000271: dressing, feeding, and toileting
p.000271: rehabilitation outcome means—
p.000271: (a) before an individual rehabilitation plan is agreed, a rehabilitation goal, objective, or result determined by
p.000271: the Corporation:
p.000271: (b) if an individual rehabilitation plan is agreed, a goal, objective, or result specified in the plan
p.000271: training for independence includes—
p.000271: (a) training and coaching a claimant to assist in restoring the claimant’s independence:
p.000271: (b) training in using and maintaining aids or appliances, and integrating them into the claimant’s
p.000271: daily life, for a claimant who needs aids or appliances
p.000271: transport for independence—
p.000271: (a) means assistance with the cost of, for example,—
p.000271: (i) escorted travel by vehicle:
p.000271: (ii) modifying a vehicle:
p.000271: (iii) purchasing a vehicle:
p.000271: (iv) travelling by public transport:
p.000271: (v) travelling by taxi; and
p.000271: (b) includes driver’s licence retraining, for a claimant who previously had a driver’s licence.
p.000271: Compare: 1998 No 114 Schedule 1 cl 36
p.000271:
p.000271:
p.000271:
p.000271:
p.000272: 272
p.000272:
p.000272:
p.000272: Reprinted as at
p.000272: 1 April 2019 Accident Compensation Act 2001
p.000272: Schedule 1
p.000272:
p.000272: Schedule 1 clause 12 educational participation paragraph (b): substituted, on 1 December 2008, by section 60(1) of the
p.000272: Education Amendment Act 2006 (2006 No 19).
p.000272: Schedule 1 clause 12 home paragraph (a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000272: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000272: Schedule 1 clause 12 home paragraph (b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000272: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000272:
p.000272: 13 Aids and appliances
p.000272: (1) In deciding whether to provide or contribute to the cost of an aid or appliance, the Corporation must have
p.000272: regard to—
p.000272: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000272: (b) whether a claimant has a prescription for the aid or appliance from a health practitioner who
p.000272: holds appropriate qualifications to the satisfac- tion of the Corporation.
p.000272: (2) The Corporation is not required to provide an artificial aid in the nature of an implant, unless the implant
p.000272: is implanted in the course of a surgical procedure approved by the Corporation.
p.000272: (3) The Corporation is not required to provide any aid or appliance, if a claimant already—
p.000272: (a) owns an aid or appliance that has, at the time at which the Corporation is making its decision, a similar
p.000272: function to the aid or appliance for which the claimant has lodged a claim; or
p.000272: (b) possesses such an aid or appliance on permanent loan from any person or organisation, including a hospital and
p.000272: health service,—
p.000272: unless, in either case, the aid or appliance, because of its age or condition, is unsuitable to assist in restoring the
...
p.000273: Compare: 1998 No 114 Schedule 1 cl 42
p.000273: Schedule 1 clause 13(1)(b): amended, on 31 January 2018, by section 4(3) of the Accident Compen- sation Amendment Act
p.000273: 2016 (2016 No 73).
p.000273: Schedule 1 clause 13(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practi- tioners Competence
p.000273: Assurance Act 2003 (2003 No 48).
p.000273: Schedule 1 clause 13(2): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273: Schedule 1 clause 13(3): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273: Schedule 1 clause 13(4): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273: Schedule 1 clause 13(5): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000273: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000273:
p.000273: 14 Attendant care
p.000273: In deciding whether to provide or contribute to the cost of attendant care, the Corporation must have regard to—
p.000273: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000273: (b) the nature and extent of the claimant’s personal injury and the degree to which that injury impairs his or her
p.000273: ability to provide for his or her per- sonal care; and
p.000273: (c) the extent to which attendant care is necessary to enable the claimant to undertake or continue employment
p.000273: (including agreed vocational train- ing) or to attend a place of education, having regard to any entitlement the
p.000273: claimant has to education support; and
p.000273: (d) the extent to which household family members or other family members might reasonably be expected to provide
p.000273: attendant care for the claimant after the claimant’s personal injury; and
p.000273: (e) the extent to which attendant care is required to give household family members a break, from time to time,
p.000273: from providing attendant care for the claimant; and
p.000273: (f) the need to avoid substantial disruption to the employment or other activities of household family
p.000273: members.
p.000273: Compare: 1998 No 114 Schedule 1 cl 44
p.000273:
p.000273: 15 Child care
p.000273: (1) In deciding whether to provide or contribute to the cost of child care, the Cor- poration must have regard to—
p.000273:
p.000273:
p.000274: 274
p.000274:
p.000274:
p.000274: Reprinted as at
p.000274: 1 April 2019 Accident Compensation Act 2001
p.000274: Schedule 1
p.000274:
p.000274: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000274: (b) the number of the claimant’s children and their need for child care; and
p.000274: (c) the extent to which child care was provided by other household family members before the claimant’s personal
p.000274: injury; and
p.000274: (d) the extent to which other household family members or other family members might reasonably be
p.000274: expected to provide child care services after the claimant’s personal injury; and
p.000274: (e) the need to avoid substantial disruption to the employment or other activities of the household
p.000274: family members.
p.000274: (2) The Corporation is not required to provide child care under this clause if it pro- vides child care for the
p.000274: child under clause 76.
p.000274: (3) The Corporation is not required to provide child care for a child to the extent that the child is being
p.000274: provided with attendant care, education support, or train- ing for independence.
p.000274: (4) The Corporation is not required to pay for child care to the extent that child care continues to be provided
p.000274: after a claimant’s personal injury by a person—
p.000274: (a) who lives in the claimant’s home or lived in the claimant’s home imme- diately before the claimant suffered
p.000274: his or her personal injury; and
p.000274: (b) who provided child care before the claimant suffered his or her personal injury.
p.000274: Compare: 1998 No 114 Schedule 1 cl 45
p.000274: Schedule 1 clause 15(2): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000274: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000274: Schedule 1 clause 15(3): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000274: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000274: Schedule 1 clause 15(4): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000274: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000274:
p.000274: 16 Education support
p.000274: (1) In deciding whether to pay or contribute towards the cost of education support, the Corporation must have
p.000274: regard to—
p.000274: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000274: (b) the nature and extent of the claimant’s personal injury and the degree to which that injury impairs his or her
p.000274: ability to be independent in receiving education; and
p.000274: (c) the extent to which education support was provided by education sector providers for the claimant before the
p.000274: claimant’s personal injury; and
p.000274: (d) the extent to which education support, and the skills and knowledge likely to be acquired from it,
p.000274: are likely to reduce the claimant’s need for further rehabilitation; and
p.000274:
p.000274:
p.000274:
p.000275: 275
p.000275:
p.000275:
p.000275:
p.000275:
p.000275: Schedule 1 Accident Compensation Act 2001
p.000275: Reprinted as at 1 April 2019
p.000275:
p.000275: (e) alternative means of education support available to the claimant, includ- ing—
p.000275: (i) any other entitlement the claimant may have under this Part; and
p.000275: (ii) any support or resources available from education providers or the Ministry of Education; and
p.000275: (f) the extent to which the claimant’s school or early childhood education service might reasonably be expected to
p.000275: provide education support after the claimant’s personal injury.
p.000275: (2) In determining to what extent to provide education support to a claimant, the Corporation must liaise and
p.000275: co-operate with the Ministry of Education and any relevant school or educational institution with a view to ensuring
p.000275: that support and services are provided by government agencies in a complementary way.
p.000275: (3) In determining whether education support should be provided by a particular person, the Corporation must be
p.000275: satisfied that the person—
p.000275: (a) has the qualifications, experience, and training appropriate for the claim- ant’s assessed needs; and
p.000275: (b) is not, at the time of providing the support, the claimant’s classroom or subject teacher.
p.000275: (4) The rate to be paid for education support for a claimant must be determined by the Corporation, and the
p.000275: Corporation may take into account—
p.000275: (a) the nature and extent of the support that the claimant is assessed as need- ing to assist the claimant to
p.000275: achieve independence in his or her educa- tional participation; and
p.000275: (b) the level of qualifications, experience, and training that the Corporation considers necessary to provide
p.000275: education support to the claimant; and
p.000275: (c) the extent to which the qualifications, experience, and training required to meet the claimant’s needs differ
p.000275: from those required for the provision of education support generally.
p.000275: (5) The Corporation is liable to pay the employer of the education support provider after receiving an invoice
p.000275: from the employer for the support that has been pro- vided at the Corporation’s request.
p.000275: 17 Home help
p.000275: (1) In deciding whether to provide or contribute to the cost of home help, the Cor- poration must have regard to—
p.000275: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000275: (b) the extent to which a claimant undertook domestic activities before the claimant’s personal injury and the
p.000275: extent to which he or she is able to undertake domestic activities after his or her injury; and
p.000275:
p.000275:
p.000275:
p.000276: 276
p.000276:
p.000276:
p.000276: Reprinted as at
p.000276: 1 April 2019 Accident Compensation Act 2001
p.000276: Schedule 1
p.000276:
p.000276: (c) the number of household family members and their need for home help; and
p.000276: (d) the extent to which domestic activities were done by other household family members before the
p.000276: claimant’s personal injury; and
p.000276: (e) the extent to which other household family members or other family members might reasonably be
p.000276: expected to do domestic activities for themselves and for the claimant after the claimant’s personal injury; and
p.000276: (f) the need to avoid substantial disruption to the employment or other activities of the household
...
p.000281:
p.000281: 25 Conduct of occupational assessment
p.000281: (1) An occupational assessor undertaking an occupational assessment as part of an assessment of a claimant’s
p.000281: vocational independence under section 108 may—
p.000281: (a) take into account information provided by the Corporation and the claimant; and
p.000281: (b) consider the individual rehabilitation plan prepared for the claimant and review the vocational rehabilitation
p.000281: carried out under the plan; and
p.000281: (c) discuss with the claimant all the types of work that the assessor identifies as suitable for the claimant; and
p.000281: (d) consider any comments the claimant makes to the assessor about those types of work.
p.000281: (1A) In considering the suitability of the types of work referred to in subclause (1)(c), the
p.000281: occupational assessor may take into account, among other things, the claimant’s earnings before the claimant’s
p.000281: incapacity.
p.000281: (2) The Corporation must provide to an occupational assessor all information the Corporation has that is relevant
p.000281: to an occupational assessment.
p.000281: Schedule 1 clause 25(1A): inserted, on 1 October 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and
p.000281: Compensation Amendment Act 2008 (2008 No 46).
p.000281: Schedule 1 clause 25(1A): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000281: (2010 No 1).
p.000281:
p.000281: 26 Report on occupational assessment
p.000281: (1) The occupational assessor must prepare and provide to the Corporation a report on the occupational assessment
p.000281: specifying—
p.000281: (a) the claimant’s work experience; and
p.000281: (b) the claimant’s education, including any incomplete formal qualifications; and
p.000281:
p.000282: 282
p.000282:
p.000282:
p.000282: Reprinted as at
p.000282: 1 April 2019 Accident Compensation Act 2001
p.000282: Schedule 1
p.000282:
p.000282: (c) any work-related training in which the claimant has participated; and
p.000282: (d) all skills that the assessor has reasonably identified the claimant as hav- ing; and
p.000282: (e) the vocational rehabilitation that the claimant has received under the individual rehabilitation plan
p.000282: or in any other way; and
p.000282: (f) the outcome of the vocational rehabilitation; and
p.000282: (g) all types of work reasonably identified as suitable for the claimant; and
p.000282: (h) in relation to each type of work, the requirements of that type of work, including any environmental
p.000282: modifications that the assessor identifies as necessary to enable the claimant to function safely in that type of work.
p.000282: (2) The Corporation must provide a copy of the report to the claimant and the med- ical assessor.
p.000282: Compare: 1998 No 114 s 97
p.000282:
p.000282: 27 Medical assessor
p.000282: (1) A medical assessment must be undertaken by a medical practitioner who is described in subclause (2)
p.000282: or subclause (3).
p.000282: (2) A medical practitioner who provides general medical services must also—
p.000282: (a) have an interest, and proven work experience, in disability management in the workplace or in occupational
p.000282: rehabilitation; and
p.000282: (b) have at least 5 years’ experience in general practice; and
p.000282: (c) meet at least 1 of the following criteria:
...
p.000318:
p.000318:
p.000319: 319
p.000319:
p.000319:
p.000319:
p.000319:
p.000319: Schedule 1 Accident Compensation Act 2001
p.000319: Reprinted as at 1 April 2019
p.000319:
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the child’s weekly compensation because of the age that the
p.000319: claimant would have reached if he or she had not died.
p.000319: (5) The child ceases to be entitled to weekly compensation on the later of—
p.000319: (a) the end of the calendar year in which the child turns 18 years; or
p.000319: (b) if the child is in full-time study at a place of education, the earliest of ceasing the study, completing the
p.000319: study, or turning 21 years.
p.000319: (6) The Corporation must double the compensation payable for each parent if both the child’s parents have died.
p.000319: Compare: 1998 No 114 Schedule 1 cl 70
p.000319:
p.000319: 71 Weekly compensation for other dependants
p.000319: (1) The Corporation is liable to pay weekly compensation to any other dependant of a deceased claimant.
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the other dependant’s weekly compensation because of the
p.000319: age that the claimant would have reached if he or she had not died.
p.000319: (5) The other dependant ceases to be entitled to weekly compensation on the earlier of the following:
...
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000359: 359
p.000359:
p.000359:
p.000359:
p.000359:
p.000359: Notes Accident Compensation Act 2001
p.000359: Reprinted as at 1 April 2019
p.000359:
p.000359:
p.000359: Reprints notes
p.000359: 1 General
p.000359: This is a reprint of the Accident Compensation Act 2001 that incorporates all the amendments to that Act as at the date
p.000359: of the last amendment to it.
p.000359: 2 Legal status
p.000359: Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and
p.000359: by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in
p.000359: electronic form, has the status of an official version under section 17 of that Act. A printed version of
p.000359: the reprint produced directly from this official elec- tronic version also has official status.
p.000359: 3 Editorial and format changes
p.000359: Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation
p.000359: Act 2012. See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
p.000359: 4 Amendments incorporated in this reprint
p.000359: Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5): section
p.000365: 365
p.000365: Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51): section 4
p.000365: Education Amendment Act 2018 (2018 No 40): section 24
p.000365: Social Security Act 2018 (2018 No 32): section 459
p.000365: Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5):
p.000365: sections 408–411
p.000365: Customs and Excise Act 2018 (2018 No 4): section 443(3)
p.000365: Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31): section 150(2)
p.000365: Statutes Amendment Act 2016 (2016 No 104): Part 1
p.000365: Compensation for Live Organ Donors Act 2016 (2016 No 96): section 30
p.000365: Accident Compensation Amendment Act 2016 (2016 No 73)
p.000365: Interest on Money Claims Act 2016 (2016 No 51): section 29
p.000365: District Court Act 2016 (2016 No 49): section 261
p.000365: Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27): sections 228, 229
p.000365: Accident Compensation (Effective Date for Repeal of Residual Levies Provisions) Notice 2015 (LI 2015/221): clause 3
p.000365: Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 (2015 No 85)
p.000365: Accident Compensation Amendment Act 2015 (2015 No 71)
p.000365: Accident Compensation (Cover for Mental Injury—Indecency Offences) Amendment Act 2015 (2015 No 45)
p.000365:
p.000360: 360
p.000360:
p.000360:
p.000360: Reprinted as at
p.000360: 1 April 2019 Accident Compensation Act 2001
p.000360: Notes
p.000360:
p.000360: Accident Compensation Amendment Act (No 2) 2013 (2013 No 105)
p.000360: WorkSafe New Zealand Act 2013 (2013 No 94): section 22
p.000360: Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
p.000360: Crown Entities Amendment Act 2013 (2013 No 51): sections 42, 72
p.000360: Accident Compensation Amendment Act 2013 (2013 No 44)
...
p.000360: Social Assistance (Living Alone Payments) Amendment Act 2013 (2013 No 11): section 16(1)
p.000360: Student Loan Scheme Amendment Act 2013 (2013 No 10): section 45
p.000360: Minimum Wage (Starting-out Wage) Amendment Act 2013 (2013 No 8): section 6
p.000360: Legislation Act 2012 (2012 No 119): section 77(3)
p.000360: Criminal Procedure Act 2011 (2011 No 81): section 413
p.000360: Student Loan Scheme Act 2011 (2011 No 62): section 223
p.000360: Summary Proceedings Amendment Act 2011 (2011 No 32): section 26
p.000360: Health Practitioners Competence Assurance (Designation of Anaesthetic Technology Services as Health
p.000360: Profession) Order 2011 (SR 2011/227): clause 6(2)
p.000360: Insurance (Prudential Supervision) Act 2010 (2010 No 111): section 241(2)
p.000360: Accident Compensation Amendment Act 2010 (2010 No 1)
p.000360: Customs and Excise Amendment Act 2009 (2009 No 61): section 11(4)
p.000360: Immigration Act 2009 (2009 No 51): section 406(1)
p.000360: Land Transport Amendment Act 2009 (2009 No 17): section 35(4)
p.000360: Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60): section 17 Injury Prevention, Rehabilitation,
p.000360: and Compensation Amendment Act 2008 (2008 No 46)
p.000360: Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008 (2008 No 26)
p.000360: Injury Prevention, Rehabilitation, and Compensation (Occupational Diseases) Order 2007 (SR 2007/402)
p.000360: Income Tax Act 2007 (2007 No 97): section ZA 2(1)
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8) KiwiSaver Act 2006 (2006 No 40):
p.000360: section 231
p.000360: Education Amendment Act 2006 (2006 No 19): section 60(1)
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45)
p.000360: New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42): section 9(1)
p.000360: Crimes Amendment Act 2005 (2005 No 41): section 10
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) Crown Entities Act 2004 (2004 No
p.000360: 115): section 200
p.000360: Corrections Act 2004 (2004 No 50): section 206
p.000360: Income Tax Act 2004 (2004 No 35): section YA 2
p.000360: Holidays Act 2003 (2003 No 129): section 91(2)
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003 (2003 No 80)
p.000360: Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
p.000360: State Sector Amendment Act 2003 (2003 No 41): section 14(1)
p.000360:
p.000360:
p.000361: 361
p.000361:
p.000361:
p.000361:
p.000361:
p.000361: Notes Accident Compensation Act 2001
p.000361: Reprinted as at 1 April 2019
p.000361:
p.000361: Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29)
p.000361: Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5): sections 165–169
p.000361: Sentencing Act 2002 (2002 No 9): sections 186, 187
p.000361: Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7): section 6
p.000361: New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84): section 77
p.000361: Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49): sections 336A–336C, 397
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
...
Searching for indicator educational:
(return to top)
p.000269: completion; and
p.000269: (iii) protection of the claimant from further injury in his or her ordin- ary environment; and
p.000269: (b) includes training a person to provide attendant care, if the Corporation agrees to fund the training; but
p.000269: (c) does not include child care, domestic activities, or home maintenance
p.000269: child—
p.000269: (a) means a child under 14 years; and
p.000269: (b) includes any other child, if the child needs child care because of his or her physical or mental condition
p.000269: communication means conveying and receiving information by using skills such as anger management,
p.000269: assertiveness, ability to concentrate, language, memory, numeracy, social awareness, social skills, speech
p.000269: production and development, and using communications technology
p.000269: domestic activities means cleaning, laundry, meal preparation, and associated shopping activities, in relation to the
p.000269: claimant’s home
p.000269: education support—
p.000269: (a) means the provision of support or assistance for a claimant to assist him or her to achieve independence in
p.000269: educational participation; and
p.000269: (b) includes resource preparation and planning assessed as necessary for the provision of that support or
p.000269: assistance
p.000269:
p.000269:
p.000269:
p.000269:
p.000269:
p.000270: 270
p.000270:
p.000270:
p.000270: Reprinted as at
p.000270: 1 April 2019 Accident Compensation Act 2001
p.000270: Schedule 1
p.000270:
p.000270: educational participation means participation within the claimant’s school day or period of attendance at an
p.000270: early childhood education service by a claim- ant who is—
p.000270: (a) entitled to free enrolment and free education under the Education Act 1989 and is—
p.000270: (i) enrolled at a registered school within the meaning of that Act; or
p.000270: (ii) exempted under section 21 or 22A of that Act from the require- ment to be enrolled; or
p.000270: (iii) exempted under section 26 (but not subsection (1)(b)(iii)) of that Act from attending a school; or
p.000270: (b) attending a licensed early childhood service within the meaning of sec- tion 309 of the Education Act 1989; or
p.000270: (c) enrolled at a State school, special school, special class, or special clinic, under an agreement to which
p.000270: section 9 of the Education Act 1989 applies
p.000270: home—
p.000270: (a) means residential premises in New Zealand in which the claimant lives and which are owned, rented, or
p.000270: otherwise lawfully occupied by the claimant or his or her parent, guardian, or spouse or partner; and
p.000270: (b) includes residential premises in New Zealand in which the claimant pro- poses to live after they are
p.000270: built and which will be owned, rented, or otherwise lawfully occupied by the claimant or his or her parent,
p.000270: guard- ian, or spouse or partner; but
p.000270: (c) does not include any hospital, hostel, hotel, motel, rest home, or other institution
p.000270: home help means the provision, in New Zealand, of domestic activities
p.000270: independence includes the capacity to function in the following areas:
p.000270: (a) communication:
p.000270: (b) domestic activities:
p.000270: (c) educational participation:
p.000270: (e) financial management:
p.000270: (f) health care:
p.000270: (g) hygiene care:
p.000270: (h) mobility:
p.000270: (i) motivation:
p.000270: (j) safety management:
p.000270: (k) sexuality:
p.000270:
p.000270:
p.000270:
p.000271: 271
p.000271:
p.000271:
p.000271:
p.000271:
p.000271: Schedule 1 Accident Compensation Act 2001
p.000271: Reprinted as at 1 April 2019
p.000271:
p.000271: (l) cognitive tasks of daily living, such as orientation, planning, and task completion:
p.000271: (m) use of transport
p.000271: modifications to the home—
p.000271: (a) means alterations to a claimant’s home that—
p.000271: (i) have the purpose of assisting a claimant to live as independently as practicable, having regard to the
p.000271: limitations caused by his or her injury; and
p.000271: (ii) remove structural barriers or add features fixed to the home; and
p.000271: (b) includes real estate fees, legal fees, removal costs, and the costs of any modifications incurred in
p.000271: relocating a claimant to a new home, if the Corporation decides that relocation is the most cost effective
p.000271: alternative to modification of the claimant’s existing home
p.000271: personal care means physical assistance to move around and to take care of basic personal needs such as bathing,
p.000271: dressing, feeding, and toileting
p.000271: rehabilitation outcome means—
p.000271: (a) before an individual rehabilitation plan is agreed, a rehabilitation goal, objective, or result determined by
p.000271: the Corporation:
p.000271: (b) if an individual rehabilitation plan is agreed, a goal, objective, or result specified in the plan
p.000271: training for independence includes—
p.000271: (a) training and coaching a claimant to assist in restoring the claimant’s independence:
p.000271: (b) training in using and maintaining aids or appliances, and integrating them into the claimant’s
p.000271: daily life, for a claimant who needs aids or appliances
p.000271: transport for independence—
p.000271: (a) means assistance with the cost of, for example,—
p.000271: (i) escorted travel by vehicle:
p.000271: (ii) modifying a vehicle:
p.000271: (iii) purchasing a vehicle:
p.000271: (iv) travelling by public transport:
p.000271: (v) travelling by taxi; and
p.000271: (b) includes driver’s licence retraining, for a claimant who previously had a driver’s licence.
p.000271: Compare: 1998 No 114 Schedule 1 cl 36
p.000271:
p.000271:
p.000271:
p.000271:
p.000272: 272
p.000272:
p.000272:
p.000272: Reprinted as at
p.000272: 1 April 2019 Accident Compensation Act 2001
p.000272: Schedule 1
p.000272:
p.000272: Schedule 1 clause 12 educational participation paragraph (b): substituted, on 1 December 2008, by section 60(1) of the
p.000272: Education Amendment Act 2006 (2006 No 19).
p.000272: Schedule 1 clause 12 home paragraph (a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000272: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000272: Schedule 1 clause 12 home paragraph (b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000272: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000272:
p.000272: 13 Aids and appliances
p.000272: (1) In deciding whether to provide or contribute to the cost of an aid or appliance, the Corporation must have
p.000272: regard to—
p.000272: (a) any rehabilitation outcome that would be achieved by providing it; and
p.000272: (b) whether a claimant has a prescription for the aid or appliance from a health practitioner who
p.000272: holds appropriate qualifications to the satisfac- tion of the Corporation.
p.000272: (2) The Corporation is not required to provide an artificial aid in the nature of an implant, unless the implant
p.000272: is implanted in the course of a surgical procedure approved by the Corporation.
p.000272: (3) The Corporation is not required to provide any aid or appliance, if a claimant already—
p.000272: (a) owns an aid or appliance that has, at the time at which the Corporation is making its decision, a similar
p.000272: function to the aid or appliance for which the claimant has lodged a claim; or
p.000272: (b) possesses such an aid or appliance on permanent loan from any person or organisation, including a hospital and
...
p.000274: are likely to reduce the claimant’s need for further rehabilitation; and
p.000274:
p.000274:
p.000274:
p.000275: 275
p.000275:
p.000275:
p.000275:
p.000275:
p.000275: Schedule 1 Accident Compensation Act 2001
p.000275: Reprinted as at 1 April 2019
p.000275:
p.000275: (e) alternative means of education support available to the claimant, includ- ing—
p.000275: (i) any other entitlement the claimant may have under this Part; and
p.000275: (ii) any support or resources available from education providers or the Ministry of Education; and
p.000275: (f) the extent to which the claimant’s school or early childhood education service might reasonably be expected to
p.000275: provide education support after the claimant’s personal injury.
p.000275: (2) In determining to what extent to provide education support to a claimant, the Corporation must liaise and
p.000275: co-operate with the Ministry of Education and any relevant school or educational institution with a view to ensuring
p.000275: that support and services are provided by government agencies in a complementary way.
p.000275: (3) In determining whether education support should be provided by a particular person, the Corporation must be
p.000275: satisfied that the person—
p.000275: (a) has the qualifications, experience, and training appropriate for the claim- ant’s assessed needs; and
p.000275: (b) is not, at the time of providing the support, the claimant’s classroom or subject teacher.
p.000275: (4) The rate to be paid for education support for a claimant must be determined by the Corporation, and the
p.000275: Corporation may take into account—
p.000275: (a) the nature and extent of the support that the claimant is assessed as need- ing to assist the claimant to
p.000275: achieve independence in his or her educa- tional participation; and
p.000275: (b) the level of qualifications, experience, and training that the Corporation considers necessary to provide
p.000275: education support to the claimant; and
p.000275: (c) the extent to which the qualifications, experience, and training required to meet the claimant’s needs differ
p.000275: from those required for the provision of education support generally.
p.000275: (5) The Corporation is liable to pay the employer of the education support provider after receiving an invoice
...
p.000301:
p.000301:
p.000302: 302
p.000302:
p.000302:
p.000302: Reprinted as at
p.000302: 1 April 2019 Accident Compensation Act 2001
p.000302: Schedule 1
p.000302:
p.000302: Maximum compensation
p.000302: 46 Maximum weekly compensation for loss of earnings
p.000302: (1) The maximum amount of weekly compensation for loss of earnings that the Corporation is liable to
p.000302: pay to a claimant is $1,341.31 a week, whatever amount is calculated under this schedule.
p.000302: (2) The maximum amount specified in subclause (1) must be adjusted in the man- ner provided in section 115.
p.000302: Compare: 1998 No 114 Schedule 1 cl 21
p.000302:
p.000302: Corporation to pay weekly compensation to potential earners
p.000302: 47 Corporation to pay weekly compensation for loss of potential earnings capacity
p.000302: (1) The Corporation is liable to pay weekly compensation for loss of potential earning capacity to a
p.000302: claimant who—
p.000302: (a) has an incapacity resulting from a personal injury; and
p.000302: (b) was a potential earner immediately before his or her incapacity com- menced; and
p.000302: (c) is 18 years or over; and
p.000302: (d) is not engaged in full-time study or training; and
p.000302: (e) does not have earnings in excess of the amount of minimum weekly earnings determined under clause
p.000302: 42(3).
p.000302: (1A) For the purposes of subclause (1)(d), full-time study or training—
p.000302: (a) includes any full-time course or training leading to an educational or vocational qualification
p.000302: approved by the New Zealand Qualifications Authority that would be likely to enhance the employment
p.000302: prospects, either generally or in respect of any particular profession or occupation, of a person who has attained that
p.000302: qualification; but
p.000302: (b) does not include full-time study or training in living or social skills.
p.000302: (2) The weekly compensation payable is 80% of the claimant’s weekly earnings calculated under this
p.000302: clause.
p.000302: (3) The weekly compensation is payable when the claimant has been incapacitated for at least 6 months.
p.000302: (4) For the purpose of calculating the claimant’s weekly compensation, the claim- ant’s weekly earnings are deemed
p.000302: to be the amount of weekly earnings deter- mined under clause 42(3).
p.000302: (5) This clause does not apply if the claimant has an entitlement under any other provision of this schedule to
p.000302: weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.
p.000302:
p.000302:
p.000303: 303
p.000303:
p.000303:
p.000303:
p.000303:
p.000303: Schedule 1 Accident Compensation Act 2001
p.000303: Reprinted as at 1 April 2019
p.000303:
p.000303: (6) A claimant does not have any entitlement to weekly compensation for loss of earnings, if he or she has an
p.000303: entitlement under this clause to weekly compensa- tion for loss of potential earning capacity that is greater than any
...
Social / employees
Searching for indicator employees:
(return to top)
p.000120: 164 Recovery of costs of appeals 124
p.000120: Part 6 Management of the Scheme
p.000120: 165 Duty of Corporation 124
p.000120: Financial management
p.000120: 166 Separate Accounts 125
p.000120: 166A Principles of financial responsibility in relation to Accounts 125
p.000120: 166B Funding policy statement 126
p.000120:
p.000120: 166C Consultation, publication, and amendment of funding policy statement
p.000126: 126
p.000007: 7
p.000007:
p.000007: Accident Compensation Act 2001
p.000007: Reprinted as at 1 April 2019
p.000007: Work Account
p.000007: 167 Application and source of funds 127
p.000007: 168 Employers to pay levies 128
p.000007: 168A Private domestic workers to pay levies 128
p.000007: 168B Self-employed persons to pay levies 129
p.000007: 169 Rates of levies
p.000129: 129
p.000129: 169AA Basis on which funds to be calculated [Repealed] 130
p.000129: 169A Limit on offsets in case of earnings as self-employed person 130
p.000129: 170 Classification of industries or risks 131
p.000129:
p.000129: 171 Classification of self-employed persons and employees engaged in 2 or more activities
p.000129: 172 Work Account levy not payable on earnings of employee over specified maximum
p.000129: 172A Work Account levy not payable on earnings of self-employed person over specified maximum
p.000133: 133
p.000133:
p.000133: 133
p.000133:
p.000134: 134
p.000134: 173 Estimation of levy
p.000134: 134
p.000134:
p.000134: 174 Employer to notify increase or decrease of relevant employee earnings
p.000134: 174A Corporation may develop and establish workplace incentive programmes
p.000134: 134
p.000135: 135
p.000135: 174B Process to develop workplace incentive programme 135
p.000135: 174C Minister’s approval of certain workplace incentive programmes 136
p.000135: 174D Establishment of workplace incentive programmes 137
p.000135: 174E Amendments to workplace incentive programme 138
p.000135:
p.000135: 174F Corporation must report on effectiveness of workplace incentive programmes
p.000138: 138
p.000138: 175 Risk adjustment of Work Account levies 138
p.000138: 176 Incorporation by reference 139
p.000138:
p.000138: 177 Copy of audit tool and material incorporated by reference to be available to public
p.000140: 140
p.000140: 178 Criteria for upward adjustment of levies 140
p.000140: 179 Process for Corporation to decide whether to require audit 140
p.000140: 180 Effect of audit or refusal to allow audit 141
p.000140: Accredited employers
p.000140: 181 Interpretation
p.000142: 142
p.000142: 182 Objectives of sections 181 to 189 142
p.000142: 183 Framework to be established 143
p.000142: 184 Accreditation agreements 143
p.000142: 185 Accreditation requirements 144
p.000142: 186 Corporation may be accredited employer 144
p.000142: 187 Accredited employers to provide entitlements 145
p.000142: 188 Monitoring and audit 145
p.000142: 189 Reporting and information 146
p.000008: 8
p.000008:
p.000008: Reprinted as at
p.000008: 1 April 2019 Accident Compensation Act 2001
p.000008: Purchase of weekly compensation by shareholder-employees
p.000008: 190 Purchase of weekly compensation by shareholder-employees 146
p.000008: 191 Effect on Work Account levy 147
p.000008: Residual Claims Account [Repealed]
p.000008: 192 Application and source of funds [Repealed] 147
p.000008: 193 Liability to pay Residual Claims levy [Repealed] 147
p.000008: 194 Rate of levy [Repealed] 147
p.000008: 195 Classification of industries or risk [Repealed] 148
p.000008:
p.000008: 196 Classification of employees engaged in 2 or more activities
p.000008: [Repealed]
p.000008: 197 Classification of self-employed persons engaged in 2 or more activities [Repealed]
p.000148: 148
p.000148:
p.000148: 148
p.000148: 198 Residual Claims levy where 2 or more employers [Repealed] 148
p.000148: 199 Promotion of employer involvement [Repealed] 148
p.000148:
p.000148: 200 Residual Claims levy not payable on earnings over specified maximum [Repealed]
p.000148: Self-Employed Work Account [Repealed]
p.000148: 148
p.000148: 201 Application and source of funds [Repealed] 148
p.000148: 202 Self-employed persons to pay levies [Repealed] 148
p.000148: 203 Rate of levies [Repealed] 149
p.000148:
p.000148: 204 Limit on offsets in case of earnings as self-employed person
p.000148: [Repealed]
p.000149: 149
p.000149: 205 Classification of industries or risk [Repealed] 149
p.000149:
p.000149: 206 Classification of self-employed persons engaged in 2 or more activities [Repealed]
p.000149: 149
p.000149: 206A Risk adjustment of Self-Employed Work Account levy [Repealed] 149
p.000149: 206B Incorporation by reference [Repealed] 149
p.000149:
p.000149: 206C Copy of material incorporated by reference to be available to public [Repealed]
p.000149: 207 Self-employed Work Account levy not payable on earnings over specified maximum [Repealed]
p.000149: Purchase of weekly compensation by self-employed persons
...
p.000204: 204
p.000204: 299 No contracting out of this Act 205
p.000204: 300 Public interest
p.000205: 205
p.000205: Public health acute services
p.000205:
p.000205: 301 Service agreement for purchase of public health acute services and other health services
p.000205: 302 Minister of Health’s responsibilities for purchase of public health acute services and other health
p.000205: services
p.000205: 303 Restriction on purchase by Corporation of public health acute services
p.000205: 205
p.000205:
p.000206: 206
p.000206:
p.000207: 207
p.000207: 304 Minister of Health acts on behalf of the Crown 207
p.000207: Joint purchasing arrangements
p.000207: 305 Joint purchasing arrangements for emergency transport services 207
p.000207: Special leave for non-work injuries
p.000207:
p.000207: 306 Sick leave may be used when employer not liable for first week compensation
p.000207: 207
p.000207: General notification provision
p.000207: 307 How documents given or information notified 208
p.000207: Offences and penalties generally
p.000207: 308 Offence to mislead Corporation 209
p.000207: 309 Offence not to provide requested information to Corporation 209
p.000207: 310 Offence not to provide earnings information to Corporation 210
p.000207: 311 Goods and services tax not payable on penalties or fines 210
p.000207: Liability of directors, employees, and officers
p.000207: 312 Directors, employees, and officers 210
p.000013: 13
p.000013:
p.000013: Accident Compensation Act 2001
p.000013: Reprinted as at 1 April 2019
p.000013: Informations
p.000013: 313 Charges
p.000211: 211
p.000211: Summary conviction [Repealed]
p.000211: 314 Summary conviction [Repealed] 211
p.000211: General fine
p.000211: 315 General fine for offences 211
p.000211: Offences relating to earner levies
p.000211: 316 Offences in relation to deductions 211
p.000211: Proceedings
p.000211: 317 Proceedings for personal injury 213
p.000211:
p.000211: 318 Proceedings for personal injury caused by work-related gradual process, disease, or infection
p.000214: 214
p.000214: 319 Exemplary damages 214
p.000214: 320 Corporation to be heard 215
p.000214: 321 Powers of Corporation when person has right to bring proceedings 215
p.000214: Regulation-making powers
p.000214: 322 Regulations relating to definitions 216
p.000214: 322A Definition of health practitioner may be limited 217
p.000214:
p.000214: 323 Regulations relating to claims for noise-induced hearing loss caused by work-related gradual process
p.000218: 218
...
p.000055: spectacles, or contact lenses.
p.000055: Compare: 1998 No 114 s 29
p.000055: Section 26(1)(da): inserted, on 1 October 2008, by section 8 of the Injury Prevention, Rehabilitation, and Compensation
p.000055: Amendment Act 2008 (2008 No 46).
p.000055: Section 26(1A): inserted, on 1 July 2010, by section 8 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000055: Section 26(1B): inserted, on 1 July 2010, by section 8 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000055:
p.000055: 27 Mental injury
p.000055: Mental injury means a clinically significant behavioural, cognitive, or psycho- logical dysfunction.
p.000055: Compare: 1998 No 114 s 30
p.000055:
p.000055:
p.000056: 56
p.000056:
p.000056:
p.000056: Reprinted as at
p.000056: 1 April 2019 Accident Compensation Act 2001
p.000056: Part 2 s 28
p.000056:
p.000056: 28 Work-related personal injury
p.000056: (1) A work-related personal injury is a personal injury that a person suffers—
p.000056: (a) while he or she is at any place for the purposes of his or her employ- ment, including, for
p.000056: example, a place that itself moves or a place to or through which the claimant moves; or
p.000056: (b) while he or she is having a break from work for a meal or rest or refresh- ment at his or her place of
p.000056: employment; or
p.000056: (c) while he or she is travelling to or from his or her place of employment at the start or finish of his or her
p.000056: day’s work, if he or she is an employee and if the transport—
p.000056: (i) is provided by the employer; and
p.000056: (ii) is provided for the purpose of transporting employees; and
p.000056: (iii) is driven by the employer or, at the direction of the employer, by another employee of the employer or
p.000056: of a related or associated employer; or
p.000056: (d) while he or she is travelling, by the most direct practicable route, between his or her place of
p.000056: employment and another place for the pur- poses of getting treatment for a work-related personal injury, if the treat-
p.000056: ment—
p.000056: (i) is necessary for the injury; and
p.000056: (ii) is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1.
p.000056: (2) In subsection (1)(d), most direct practicable route does not include those parts of a route that
p.000056: deviate unreasonably from, or interrupt, a journey for pur- poses unrelated to the employment or the treatment.
p.000056: (3) Work-related personal injury includes a cardiovascular or cerebrovascular episode suffered by a
p.000056: person, if the episode is caused by physical effort or physical strain, in performing his or her employment,
p.000056: that is abnormal in appli- cation or excessive in intensity for the person.
p.000056: (4) Work-related personal injury includes personal injury caused by a work-rela- ted gradual process, disease, or
p.000056: infection.
p.000056: (4A) Work-related personal injury includes work-related mental injury that is suf- fered in the circumstances
p.000056: described in section 21B.
p.000056: (5) Work-related personal injury includes personal injury suffered by a person resulting from treatment for a
p.000056: work-related personal injury as defined in sub- sections (1), (3), or (4), whether or not the injury is a
p.000056: treatment injury as defined in section 32.
p.000056: (6) Work-related personal injury does not include personal injury suffered by a person when all the following
...
p.000125: (4) The funding policy statement may prescribe specific actions for the Corpor- ation to take to the
p.000125: extent that any such action is consistent with the Corpora- tion’s functions under section 262.
p.000125: (5) Sections 113 and 114 of the Crown Entities Act 2004 do not apply in respect of a funding policy statement.
p.000125: Section 166B: inserted, on 24 September 2015, by section 5 of the Accident Compensation (Financial Responsibility and
p.000125: Transparency) Amendment Act 2015 (2015 No 85).
p.000125:
p.000125: 166C Consultation, publication, and amendment of funding policy statement
p.000125: (1) Section 115(1) to (3A) of the Crown Entities Act 2004 applies to the making of a funding policy statement as
p.000125: if it were a ministerial direction.
p.000125: (2) The Minister must consult such persons or organisations as the Minister con- siders appropriate before issuing
p.000125: the funding policy statement.
p.000125: Section 166C: inserted, on 24 September 2015, by section 5 of the Accident Compensation (Financial Responsibility and
p.000125: Transparency) Amendment Act 2015 (2015 No 85).
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000126: 126
p.000126:
p.000126:
p.000126: Reprinted as at
p.000126: 1 April 2019 Accident Compensation Act 2001
p.000126: Part 6 s 167
p.000126:
p.000126: Work Account
p.000126: Heading: substituted, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000126: Amendment Act 2007 (2007 No 8).
p.000126:
p.000126: 167 Application and source of funds
p.000126: (1) The purpose of the Work Account is to—
p.000126: (a) finance entitlements provided under this Act by the Corporation to employees, private domestic
p.000126: workers, and self-employed persons for work-related personal injuries; and
p.000126: (b) finance the following entitlements that are required to be provided in respect of persons whose
p.000126: entitlements would have been provided from the Employers’ Account under the Accident Rehabilitation and Compen- sation
p.000126: Insurance Act 1992:
p.000126: (i) entitlements for work injuries (as defined in the Accident Rehabilitation and Compensation
p.000126: Insurance Act 1992) suffered before 1 July 1999; and
p.000126: (ii) entitlements for non-work injuries to earners suffered before 1 July 1992.
p.000126: (2) The funds for the Work Account are to be derived from—
p.000126: (a) levies payable under sections 168, 168A, 168B, and 211 by employers, private domestic workers, and
p.000126: self-employed persons; and
p.000126: (b) payments made to the Corporation in respect of obligations taken on by the Corporation under section 7 of the
p.000126: Accident Insurance (Transitional Provisions) Act 2000 in relation to the accident insurance contracts of
p.000126: employers and private domestic workers, and for self-employed persons; and
p.000126: (c) premiums continued by or payable under Part 11.
p.000126: (3) The funds in the Work Account must be applied to meet the costs of—
p.000126: (a) entitlements in respect of employees, private domestic workers, and self- employed persons for work-related
p.000126: personal injuries; and
p.000126: (b) entitlements in respect of obligations, under accident insurance contracts of employers and private domestic
p.000126: workers, and for self-employed per- sons, taken on by the Corporation under section 7 of the Accident Insur- ance
p.000126: (Transitional Provisions) Act 2000; and
p.000126: (c) entitlements that are required to be provided in accordance with Part 11 in respect of persons whose
p.000126: entitlements would have been provided from the Self-Employed Work Account under the Accident Insurance Act
p.000126: 1998; and
p.000126: (d) entitlements in respect of employers, private domestic workers, and self- employed persons that,
p.000126: immediately before 1 April 2007, would have
p.000126:
p.000126:
p.000127: 127
p.000127:
p.000127:
p.000127:
p.000127:
p.000127: Part 6 s 168 Accident Compensation Act 2001
p.000127: Reprinted as at 1 April 2019
p.000127:
p.000127: been funded from the Self-Employed Work Account or the Employers’
p.000127: Account; and
p.000127: (e) entitlements that, immediately before the commencement of section 21 of the Accident Compensation Amendment
p.000127: Act 2010, would have been funded from the Residual Claims Account as it was immediately before that commencement; and
p.000127: (f) administering the Account; and
p.000127: (g) audits and assessments referred to in sections 174D and 175; and
p.000127: (h) any other expenditure authorised by this Act.
p.000127: (4) Regulations made under this Act may prescribe, in relation to a prescribed period, a portion of
p.000127: the levies payable under sections 168, 168A, 168B, and 211 to provide for or, to the extent that it
p.000127: is necessary, to provide separately for,—
...
p.000128: Amendment Act 2007 (2007 No 8).
p.000128: Section 168A(5): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilita- tion, and
p.000128: Compensation Amendment Act 2007 (2007 No 8).
p.000128:
p.000128: 168B Self-employed persons to pay levies
p.000128: (1) A self-employed person must pay, in accordance with this Act and regulations made under it, levies to fund the
p.000128: Work Account.
p.000128: (2) A levy must relate to a prescribed period.
p.000128: (3) A self-employed person must pay the levy by the date specified for payment, whether in an invoice or
p.000128: other appropriate document given to the self- employed person by the Corporation or an agent of the Corporation,
p.000128: being a date not less than 30 days after the date of the invoice or other appropriate document.
p.000128: Section 168B: inserted, on 1 April 2007, by section 5 of the Injury Prevention, Rehabilitation, and Compensation
p.000128: Amendment Act 2007 (2007 No 8).
p.000128: Section 168B(3): amended, on 1 August 2008, by section 23 of the Injury Prevention, Rehabilitation, and Compensation
p.000128: Amendment Act 2008 (2008 No 46).
p.000128:
p.000128: 169 Rates of levies
p.000128: (1) Levies are to be paid under sections 168, 168A, and 168B at a rate or rates pre- scribed in regulations made
p.000128: under this Act, and must be related in whole or in part to—
p.000128:
p.000128:
p.000129: 129
p.000129:
p.000129:
p.000129:
p.000129:
p.000129: Part 6 s 169AA Accident Compensation Act 2001
p.000129: Reprinted as at 1 April 2019
p.000129:
p.000129: (a) the amount of earnings paid, estimated to be paid, or deemed by regula- tions to have been paid by an employer
p.000129: to the employer’s employees; or
p.000129: (b) the amount of earnings received as a private domestic worker or deemed by regulations to have been received as
p.000129: a private domestic worker; or
p.000129: (c) the level of earnings (other than earnings as an employee) derived, esti- mated to be derived, or deemed by
p.000129: regulations to be derived, by a self- employed person.
p.000129: (2) Regulations made under this Act may—
p.000129: (a) establish a system or systems for either or both of the following:
p.000129: (i) the experience rating of employers, private domestic workers, or self-employed persons:
p.000129: (ii) risk sharing between employers, private domestic workers, or self- employed persons, on the one hand,
p.000129: and the Corporation on the other; and
p.000129: (b) adjust the levies under sections 168, 168A, 168B, and 211 in relation to a particular employer, private
p.000129: domestic worker, or self-employed person on the basis of that system or those systems.
p.000129: (3) The systems referred to in subsection (2) may include no-claims bonuses, higher or lower levies, and
p.000129: claim thresholds.
p.000129: (4) [Repealed]
p.000129: Section 169: substituted, on 1 April 2007, by section 6 of the Injury Prevention, Rehabilitation, and Compensation
p.000129: Amendment Act 2007 (2007 No 8).
p.000129: Section 169(1)(a): amended, on 3 March 2010, by section 16(1) of the Accident Compensation Amendment Act
p.000129: 2010 (2010 No 1).
p.000129: Section 169(1)(b): amended, on 3 March 2010, by section 16(1) of the Accident Compensation Amendment Act
p.000129: 2010 (2010 No 1).
p.000129: Section 169(2): substituted, on 3 March 2010, by section 16(2) of the Accident Compensation Amendment Act
p.000129: 2010 (2010 No 1).
...
p.000130:
p.000130: (b) any part of the net loss of a loss attributing qualifying company (as defined in section YA 1 of
p.000130: the Income Tax Act 2007) attributable to the person as a shareholder of that company under sections HA 20, HA 24, HA
p.000130: 26, HA 27, and IA 7(2) of the Income Tax Act 2007.
p.000130: (2) If the result of the calculation of a person’s earnings as a self-employed person is a negative amount and the
p.000130: person also derives earnings as an employee, the person’s earnings as an employee must not be reduced by the negative
p.000130: amount.
p.000130: Section 169A: inserted, on 1 April 2007, by section 7 of the Injury Prevention, Rehabilitation, and Compensation
p.000130: Amendment Act 2007 (2007 No 8).
p.000130: Section 169A(1)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the
p.000130: context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000130: Section 169A(1)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the
p.000130: context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000130:
p.000130: 170 Classification of industries or risks
p.000130: (1) For the purpose of setting levies payable under sections 168, 168B, and 211, the Corporation must classify
p.000130: an employer and a self-employed person in an industry or risk class that most accurately describes their
p.000130: activity, being an industry or risk class set out in regulations made under this Act.
p.000130: (2) If an employer is engaged in 2 or more activities, the Corporation must classify all the employer’s employees
p.000130: in the classification unit for whichever of those activities attracts the highest levy rate under the regulations.
p.000130: (3) Despite subsection (2), the Corporation may classify the employer’s employees in separate classification units
p.000130: for different activities if the employer meets the threshold (if any) specified in regulations and if—
p.000130: (a) the employer so requests; and
p.000130: (b) the employer is engaged in 2 or more distinct and independent activities; and
p.000130: (c) each of those activities provides services or products to external custom- ers in such a way that each
p.000130: activity could, without adaptation, continue on its own without the other activities; and
p.000130: (d) accounting records are maintained by the employer to the satisfaction of the Corporation that—
p.000130: (i) demonstrate the separate management and operation of each activ- ity; and
p.000130: (ii) allocate to each activity the earnings of employees engaged solely in that activity.
p.000130: (4) Regulations made under this Act must prescribe a Work Account levy for each industry or risk class defined
p.000130: under subsection (1).
p.000130:
p.000130:
p.000130:
p.000131: 131
p.000131:
p.000131:
p.000131:
p.000131:
p.000131: Part 6 s 170 Accident Compensation Act 2001
p.000131: Reprinted as at 1 April 2019
p.000131:
p.000131: (4A) The regulations referred to in subsection (4) that relate to an industry or risk class defined under subsection
p.000131: (1)(a)—
p.000131: (a) may, until the end of the 2009–10 tax year, prescribe the levies at differ- ent rates for employers and
p.000131: self-employed persons classified in the same industry or risk class; and
p.000131: (b) must, until the end of the 2009–10 tax year, prescribe the levies at a rate that does not increase or decrease
p.000131: the levy rate payable by employers or self-employed persons in a particular industry or particular risk class by more
p.000131: than 25% of the rate payable in the previous tax year; and
p.000131: (c) must, after the end of the 2009–10 tax year, prescribe the levies at the same rate for employers and
p.000131: self-employed persons classified in the same industry or risk class.
p.000131: (5) The Corporation must decide which industry or risk class is appropriate in rela- tion to any employer or
p.000131: self-employed person by whom a levy is payable, and section 239 applies if the classes defined by the regulations do
...
p.000131: or risk classes.
p.000131: (8) Nothing in this section prevents the Corporation from making arrangements to enable employers or
p.000131: self-employed persons to carry out self-assessments for the purposes of this section.
p.000131: Compare: 1998 No 114 s 281D; SR 2000/54 r 6
p.000131: Section 170(1): replaced, on 26 September 2015, by section 336A(3).
p.000131: Section 170(3): amended, on 22 October 2003, by section 4 of the Injury Prevention, Rehabilitation, and Compensation
p.000131: Amendment Act (No 2) 2003 (2003 No 80).
p.000131: Section 170(4): substituted, on 1 April 2007, by section 8(2) of the Injury Prevention, Rehabilitation, and
p.000131: Compensation Amendment Act 2007 (2007 No 8).
p.000131: Section 170(4A): inserted, on 1 April 2007, by section 8(2) of the Injury Prevention, Rehabilitation, and Compensation
p.000131: Amendment Act 2007 (2007 No 8).
p.000131: Section 170(4A): amended, on 3 March 2010, by section 18(2) of the Accident Compensation Amendment Act
p.000131: 2010 (2010 No 1).
p.000131: Section 170(5): amended, on 1 April 2007, by section 8(3) of the Injury Prevention, Rehabilitation, and Compensation
p.000131: Amendment Act 2007 (2007 No 8).
p.000131: Section 170(6): substituted, on 1 April 2007, by section 8(4) of the Injury Prevention, Rehabilitation, and
p.000131: Compensation Amendment Act 2007 (2007 No 8).
p.000131: Section 170(8): amended, on 1 April 2007, by section 8(5) of the Injury Prevention, Rehabilitation, and Compensation
p.000131: Amendment Act 2007 (2007 No 8).
p.000131:
p.000132: 132
p.000132:
p.000132:
p.000132: Reprinted as at
p.000132: 1 April 2019 Accident Compensation Act 2001
p.000132: Part 6 s 172
p.000132:
p.000132: 171 Classification of self-employed persons and employees engaged in 2 or more activities
p.000132: (1) A self-employed person or (if section 170(3) applies) an employee who is engaged in 2 or more
p.000132: activities must be classified in the industry or risk class for whichever of those activities attracts the highest levy
p.000132: rate under the regula- tions.
p.000132: (2) If a particular activity accounts for 5% or less of a self-employed person’s or an employee’s earnings for
p.000132: the year, then that activity need not be considered when determining the correct industry or risk class under
p.000132: subsection (1).
p.000132: (3) Subsection (2) applies only if the self-employed person’s or the employer’s records are sufficient
p.000132: and accurate enough to satisfy the Corporation that the apportionment of total earnings is correct.
p.000132: Section 171: substituted, on 1 April 2007, by section 9 of the Injury Prevention, Rehabilitation, and Compensation
p.000132: Amendment Act 2007 (2007 No 8).
p.000132:
p.000132: 172 Work Account levy not payable on earnings of employee over specified maximum
p.000132: (1) Except as provided in subsection (2), nothing in this Act requires an employer to pay a Work Account levy on
p.000132: earnings of an employee that exceed the speci- fied maximum.
p.000132: (2) If a person’s earnings as an employee for a tax year are paid by 2 or more employers, and the
p.000132: total of those earnings exceeds the specified maximum,—
p.000132: (a) each employer must pay a Work Account levy on all earnings paid by the employer up to the specified maximum;
p.000132: but
p.000132: (b) each employer may apply in writing to the Corporation for a pro rata refund of the excess levy
...
p.000138: or organisation.
p.000138: (2) Any material incorporated in regulations by reference is to be regarded for all purposes as forming part of
p.000138: the regulations, but any amendment made to the material after the commencement of the regulations does not have effect
p.000138: until regulations have been made incorporating the amendment into the regulations.
p.000138:
p.000138:
p.000138:
p.000139: 139
p.000139:
p.000139:
p.000139:
p.000139:
p.000139: Part 6 s 177 Accident Compensation Act 2001
p.000139: Reprinted as at 1 April 2019
p.000139:
p.000139: (3) Any material incorporated in the audit tool by reference is to be regarded for all purposes as forming part
p.000139: of the audit tool, but any amendment made to the material after the commencement of the audit tool does not
p.000139: have effect until the amendment has been approved for incorporation in the audit tool by the Minis- ter.
p.000139: Section 176(1)(a): replaced, on 4 April 2016, by section 10 of the Accident Compensation Amend- ment Act 2015 (2015 No
p.000139: 71).
p.000139:
p.000139: 177 Copy of audit tool and material incorporated by reference to be available to public
p.000139: A copy of every audit tool approved by the Minister and of all material incorp- orated in regulations or the audit tool
p.000139: by reference must be made available by the Corporation for inspection by the public free of charge.
p.000139: 178 Criteria for upward adjustment of levies
p.000139: (1) The Corporation may seek to initiate the process in section 179 for the upward adjustment of levies for an
p.000139: employer if it is satisfied that the number and severity of work-related personal injuries occurring to
p.000139: employees of that employer are significantly greater than could reasonably be expected of a com- parable employer of
p.000139: that type and size in that industry or risk class.
p.000139: (2) Without limiting subsection (1), in deciding under that subsection whether or not to initiate the process in
p.000139: section 179, the Corporation must consider the fol- lowing matters to the extent that they are relevant:
p.000139: (a) information about average rates of claims in that industry or risk class:
p.000139: (b) information about the nature and severity of injuries to employees in that industry or risk class:
p.000139: (c) information about trends in relation to work-related personal injuries in that industry or risk class:
p.000139: (d) the number, nature, and severity of claims for cover accepted for work- related personal injuries by employees
p.000139: of that employer:
p.000139: (e) any trends or patterns in the work-related personal injuries suffered by employees of that employer, such as a
p.000139: repetition of claims by particular employees or types of employee, or a repetition of particular types of
p.000139: injury:
p.000139: (f) any audit previously undertaken of the employer’s safety management practices:
p.000139: (g) any international information that is relevant to the New Zealand situ- ation.
p.000139: 179 Process for Corporation to decide whether to require audit
p.000139: (1) The process in this section is initiated by the Corporation giving the employer a notice stating—
p.000139:
p.000139:
p.000140: 140
p.000140:
p.000140:
p.000140: Reprinted as at
p.000140: 1 April 2019 Accident Compensation Act 2001
p.000140: Part 6 s 180
p.000140:
p.000140: (a) that the Corporation is satisfied of the matter specified in section 178(1); and
p.000140: (b) the Corporation’s reasons for its statement under paragraph (a); and
p.000140: (c) that the purpose of the process is to decide whether or not the employer’s safety management practices should
p.000140: be audited under section 180; and
p.000140: (d) that the Corporation and employer are required to enter into a dialogue about the standard of the employer’s
p.000140: safety management practices; and
p.000140: (e) that failure to reach the standard required by the audit or to allow the audit to take place may
p.000140: result in an upwards adjustment of the employ- er’s levies.
p.000140: (2) After the notice is given, the Corporation and employer must enter into a dia- logue about the standard of the
p.000140: employer’s safety management practices.
p.000140: (3) As part of the dialogue, consideration must be given to whether—
p.000140: (a) the employer should initiate a self-audit of its safety management practi- ces:
p.000140: (b) the Corporation should assist in such an audit:
...
p.000141: for an employer in that industry or risk class.
p.000141: Section 180(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000141: Amendment Act 2007 (2007 No 8).
p.000141:
p.000141: Accredited employers
p.000141:
p.000141: 181 Interpretation
p.000141: In this section and in sections 182 to 189, unless the context otherwise requires,—
p.000141: accreditation agreement means an agreement between the Corporation and an employer entered into, or to be entered into,
p.000141: under the framework
p.000141: accredited employer means an employer who has entered into an accreditation agreement; and includes the Corporation
p.000141: while it is accredited under section 186
p.000141: claim management period, in relation to an accredited employer and a work- related personal injury, means the
p.000141: claim management period agreed to in or under the employer’s accreditation agreement, being a period of not less
p.000141: than 12 months and not more than 60 months from the date of the injury
p.000141: framework means the framework established under or continued by section 183 (as the case requires).
p.000141: Compare: 1998 No 114 s 326A
p.000141:
p.000141: 182 Objectives of sections 181 to 189
p.000141: The objectives of sections 181 to 189 are to—
p.000141: (a) promote injury prevention and rehabilitation; and
p.000141: (b) reduce work-related personal injury claim costs and levies; and
p.000141: (c) provide benchmarks against which the extent and management of work- related personal injuries can be measured—
p.000141: by allowing accredited employers (after consulting their employees or their employees’ representatives,
p.000141: including any union registered under the Employ- ment Relations Act 2000 that their employees belong to) to
p.000141: provide at their own cost entitlements in relation to work-related personal injuries suffered by their employees
p.000141: during a claim management period.
p.000141: Compare: 1998 No 114 s 326B
p.000141:
p.000141:
p.000141:
p.000141:
p.000142: 142
p.000142:
p.000142:
p.000142: Reprinted as at
p.000142: 1 April 2019 Accident Compensation Act 2001
p.000142: Part 6 s 184
p.000142:
p.000142: 183 Framework to be established
p.000142: (1) The Minister must, by notice in the Gazette, establish a framework under which the Corporation and
p.000142: an employer may agree that for an agreed period the employer will provide entitlements in relation to work-related
p.000142: personal injuries suffered by the employer’s employees in that employer’s employment.
p.000142: (2) The framework must not contain any provision that is inconsistent with any provision of sections
p.000142: 181 to 189.
p.000142: (3) The Minister may, by notice in the Gazette, change or replace the framework, after such consultation as
p.000142: the Minister considers appropriate has been under- taken.
p.000142: (4) A notice in the Gazette under this section is a disallowable instrument, but not a legislative instrument, for
p.000142: the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that
p.000142: Act.
p.000142: (5) Any framework established under Part 10A of the Accident Insurance Act 1998 that is in force
p.000142: immediately before the commencement of this section is a framework under this section.
p.000142: Compare: 1998 No 114 s 326C
p.000142: Section 183(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012
p.000142: No 119).
p.000142:
p.000142: 184 Accreditation agreements
p.000142: (1) An accreditation agreement may provide that—
p.000142: (a) the employer is liable for some or all of the cost of providing entitle- ments in relation to
p.000142: work-related personal injuries suffered by the employer’s employees in that employer’s employment; and
p.000142: (b) in return, the Corporation will charge the employer reduced levies in relation to those work-related
p.000142: personal injuries on the basis set out in the framework; and
p.000142: (c) some decisions of an employer in relation to a work-related personal injury that are made under an
p.000142: accreditation agreement are, for the pur- poses of this Act, to be regarded as decisions of the Corporation.
p.000142: (2) An accreditation agreement may provide for an accredited employer to recover contributions from insurers,
p.000142: other accredited employers, and the Corporation, in accordance with this Act (for example, in the case of gradual
p.000142: process injuries and subsequent injuries).
p.000142: (3) An accreditation agreement may similarly provide for an accredited employer to make contributions to insurers,
p.000142: other accredited employers, and the Corpor- ation, in accordance with this Act.
p.000142: Compare: 1998 No 114 s 326D
p.000142:
p.000142:
p.000142:
p.000142:
p.000142:
p.000143: 143
p.000143:
p.000143:
p.000143:
p.000143:
p.000143: Part 6 s 185 Accident Compensation Act 2001
p.000143: Reprinted as at 1 April 2019
p.000143:
p.000143: 185 Accreditation requirements
p.000143: (1) The Corporation may enter into an accreditation agreement with an employer only if, in the opinion of the
p.000143: Corporation, the employer—
p.000143: (a) has appropriate experience in managing occupational health and safety issues positively; and
p.000143: (b) has demonstrated commitment to injury prevention; and
p.000143: (c) has demonstrated understanding and awareness of the importance of—
p.000143: (i) rehabilitation; and
p.000143: (ii) the employer’s involvement in the rehabilitation of the employer’s employees; and
p.000143: (d) has appropriate policies and procedures in place to prevent work-related personal injuries; and
p.000143: (e) has adequate resources, policies, and procedures in place to manage work-related personal injury
p.000143: claims; and
p.000143: (f) has adequate resources, policies, and procedures in place to promote and manage rehabilitation; and
p.000143: (g) has adequate procedures in place to fulfil the reporting requirements in section 189; and
p.000143: (h) is able and will continue to be able to meet its expected financial and other obligations in
p.000143: relation to work-related personal injury claims because it is solvent and financially sound; and
p.000143: (i) has consulted with the employer’s employees and any representatives of those employees (including any union
p.000143: to which those employees belong that is registered under the Employment Relations Act 2000) about the employer’s
p.000143: ability to comply with paragraphs (a) to (h).
p.000143: (2) The Corporation may revoke an accreditation agreement at any time if, in the opinion of the Corporation after
p.000143: discussion with the employer, the employer no longer complies with the framework or no longer fulfils the
p.000143: requirements in paragraphs (a) to (h) of subsection (1).
p.000143: Compare: 1998 No 114 s 326E
p.000143:
p.000143: 186 Corporation may be accredited employer
p.000143: (1) The Corporation can become an accredited employer only in accordance with this section.
p.000143: (2) Despite any other provision of sections 181 to 189, the Minister may establish a procedure for the following
p.000143: purposes:
p.000143: (a) providing for the Minister to appoint the Corporation as an accredited employer in relation to its
p.000143: employees:
p.000143: (b) providing for the manner in which the Corporation is to carry out its functions and duties as an
p.000143: accredited employer:
p.000143:
p.000144: 144
p.000144:
p.000144:
p.000144: Reprinted as at
p.000144: 1 April 2019 Accident Compensation Act 2001
p.000144: Part 6 s 188
p.000144:
p.000144: (c) providing for any matters that may be provided for in an accreditation agreement under sections 181 to 189.
p.000144: (3) In carrying out its functions and duties as an accredited employer, the Corpor- ation must act in accordance
p.000144: with the procedure established under subsection (2).
p.000144: (4) The procedure established under subsection (2) must be consistent with sec- tions 181 to 189.
p.000144: 187 Accredited employers to provide entitlements
p.000144: (1) An accredited employer must, during the claim management period con- cerned,—
p.000144: (a) manage every work-related personal injury claim relating to injury suf- fered by an employee of the
p.000144: employer in that employer’s employment during the period specified for the purpose in the accreditation
p.000144: agree- ment; and
p.000144: (b) provide any entitlements, and pay the costs, specified in the accreditation agreement in relation to every
p.000144: such claim.
p.000144: (2) Despite subsection (1), the Corporation may agree with an accredited employer to assume some or all of the
p.000144: employer’s liability under subsection (1) on such terms and conditions as the Corporation thinks fit.
p.000144: (3) If an accredited employer has ceased to exist or fails or is unable to perform its obligations under an
p.000144: accreditation agreement or this Act,—
p.000144: (a) those obligations must be performed by the Corporation; and
...
p.000144: (c) for the purposes of any law relating to the ranking of creditors on an insolvency, receivership,
p.000144: or liquidation, that debt is, to the extent it rep- resents payment of weekly compensation to an employee, to be
p.000144: regarded as ranking in priority next after wages or salary.
p.000144: (4) The obligations of an accredited employer under, and other provisions of, an accreditation agreement in
p.000144: respect of any work-related personal injury claim relating to injury suffered during the period specified
p.000144: for the purpose in the accreditation agreement continue after the termination of the agreement as if the
p.000144: agreement remained in force.
p.000144: Compare: 1998 No 114 s 326F
p.000144:
p.000144: 188 Monitoring and audit
p.000144: (1) The Corporation must establish a monitoring programme for accredited employers, which may
p.000144: include audits of the activities of accredited employers to ascertain whether—
p.000144:
p.000144:
p.000145: 145
p.000145:
p.000145:
p.000145:
p.000145:
p.000145: Part 6 s 189 Accident Compensation Act 2001
p.000145: Reprinted as at 1 April 2019
p.000145:
p.000145: (a) the requirements of sections 181 to 189 and of accreditation agreements relating to accredited employers have
p.000145: been met; and
p.000145: (b) accredited employers have provided accurate and complete reports to the Corporation in accordance with
p.000145: accreditation agreements.
p.000145: (2) Persons carrying out any audit under subsection (1) must, during the course of the audit, give the following
p.000145: an opportunity to be heard in relation to the audit:
p.000145: (a) representatives of the accredited employer; and
p.000145: (b) representatives of employees of the accredited employer (including any union to which those employees
p.000145: belong that is registered under the Employment Relations Act 2000).
p.000145: Compare: 1998 No 114 s 326G
p.000145:
p.000145: 189 Reporting and information
p.000145: (1) An accredited employer must report to the Corporation in accordance with the accreditation agreement.
p.000145: (2) The Corporation may use information received under subsection (1) for the purposes of enabling the
p.000145: information manager to carry out the manager’s func- tions and duties under Part 8, and for other purposes of this Act.
p.000145: (3) All information received by an accredited employer in relation to work-related personal injury claims made
p.000145: by an employee of the employer under the accreditation agreement is the property of the Corporation.
p.000145: (4) An accredited employer must provide to each employee, without charge, a written statement that
p.000145: specifies the procedures and requirements under the accreditation agreement in relation to the lodging of
p.000145: claims, provision of rehabilitation, handling of claims, assessment of incapacity, assessment of vocational
p.000145: independence, and dispute resolution.
p.000145: Compare: 1998 No 114 s 326H
p.000145:
p.000145: Purchase of weekly compensation by shareholder-employees
p.000145: 190 Purchase of weekly compensation by shareholder-employees
p.000145: (1) A shareholder-employee may apply to purchase from the Corporation, in accordance with subsection (2),
p.000145: the right to receive weekly compensation pro- vided in an agreed manner for loss of earnings as a shareholder-employee
p.000145: for any personal injury for which the shareholder-employee has cover under this Act.
p.000145: (2) For the purposes of subsection (1), sections 174D, 175, 208(2), 209, 210, 211(1) and (2), and
p.000145: 212, and any relevant regulations made under this Act, apply with necessary modifications, as if the
p.000145: shareholder-employee were a self- employed person.
p.000145:
p.000145:
p.000145:
p.000145:
p.000146: 146
p.000146:
p.000146:
p.000146: Reprinted as at
p.000146: 1 April 2019 Accident Compensation Act 2001
p.000146: Part 6 s 194
p.000146:
p.000146: Section 190(1): amended, on 1 July 2010, by section 19(1)(a) of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000146: 1).
p.000146: Section 190(1): amended, on 1 July 2010, by section 19(1)(b) of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000146: 1).
p.000146: Section 190(2): amended, on 4 April 2016, by section 11 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000146: Section 190(2): amended, on 1 July 2010, by section 19(2) of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000146: 1).
p.000146:
p.000146: 191 Effect on Work Account levy
p.000146: (1) If a shareholder-employee purchases agreed weekly compensation under sec- tion 190, the employer of the
p.000146: shareholder-employee is not required to pay the Work Account levy in respect of the earnings of that employee.
p.000146: (2) However, subsection (1) does not affect the employer’s obligation to pay the portion of the Work Account levy
...
p.000146: Section 191 heading: amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabili- tation, and
p.000146: Compensation Amendment Act 2007 (2007 No 8).
p.000146: Section 191(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000146: Amendment Act 2007 (2007 No 8).
p.000146: Section 191(2): substituted, on 3 March 2010, by section 20 of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000146: 1).
p.000146:
p.000146: Residual Claims Account [Repealed]
p.000146: Heading: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000146:
p.000146: 192 Application and source of funds
p.000146: [Repealed]
p.000146: Section 192: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000146:
p.000146: 193 Liability to pay Residual Claims levy
p.000146: [Repealed]
p.000146: Section 193: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000146:
p.000146: 194 Rate of levy
p.000146: [Repealed]
p.000146: Section 194: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000146:
p.000146:
p.000146:
p.000146:
p.000146:
p.000146:
p.000147: 147
p.000147:
p.000147:
p.000147:
p.000147:
p.000147: Part 6 s 195 Accident Compensation Act 2001
p.000147: Reprinted as at 1 April 2019
p.000147:
p.000147: 195 Classification of industries or risk
p.000147: [Repealed]
p.000147: Section 195: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000147:
p.000147: 196 Classification of employees engaged in 2 or more activities
p.000147: [Repealed]
p.000147: Section 196: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000147:
p.000147: 197 Classification of self-employed persons engaged in 2 or more activities
p.000147: [Repealed]
p.000147: Section 197: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000147:
p.000147: 198 Residual Claims levy where 2 or more employers
p.000147: [Repealed]
p.000147: Section 198: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000147:
p.000147: 199 Promotion of employer involvement
p.000147: [Repealed]
p.000147: Section 199: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000147:
p.000147: 200 Residual Claims levy not payable on earnings over specified maximum
p.000147: [Repealed]
p.000147: Section 200: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000147:
p.000147: Self-Employed Work Account [Repealed]
p.000147: Heading: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000147: Amendment Act 2007 (2007 No 8).
p.000147:
p.000147: 201 Application and source of funds
p.000147: [Repealed]
p.000147: Section 201: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000147: Amendment Act 2007 (2007 No 8).
p.000147:
p.000147: 202 Self-employed persons to pay levies
p.000147: [Repealed]
p.000147: Section 202: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000147: Amendment Act 2007 (2007 No 8).
p.000147:
p.000147:
p.000147:
p.000148: 148
p.000148:
p.000148:
p.000148: Reprinted as at
...
p.000161: applica- tion and the date on which the right would otherwise terminate (so long as that period is greater than 3
p.000161: months).
p.000161: (3) If no application to terminate the right to receive weekly compensation is made, the right is
p.000161: converted into a right to receive a top-up from the Corpor- ation if the person becomes entitled to weekly
p.000161: compensation.
p.000161:
p.000161:
p.000162: 162
p.000162:
p.000162:
p.000162: Reprinted as at
p.000162: 1 April 2019 Accident Compensation Act 2001
p.000162: Part 6 s 227
p.000162:
p.000162: (4) The amount of the top-up is the amount (if any) by which the weekly compen- sation payable to the person
p.000162: calculated as if no right to receive weekly compen- sation had been purchased is less than the amount that would have
p.000162: been pay- able under the right if the person had not resumed employment.
p.000162: Compare: 1998 No 114 s 289
p.000162:
p.000162: Non-Earners’ Account
p.000162: 227 Application and source of funds
p.000162: (1) The purpose of the Non-Earners’ Account is to finance entitlements provided under this Act in respect of
p.000162: personal injury (other than motor vehicle injury or treatment injury) to non-earners.
p.000162: (2) The funds for the Non-Earners’ Account are to be derived from appropriations by Parliament to the Non-Earners’
p.000162: Account.
p.000162: (3) The funds in the Non-Earners’ Account must be applied to meet the costs of—
p.000162: (a) entitlements in respect of non-earners who have cover for personal injury (other than motor vehicle
p.000162: injury or treatment injury); and
p.000162: (b) entitlements in respect of employees of foreign representatives who suf- fer work-related personal injury
p.000162: in their employment with that foreign representative; and
p.000162: (c) entitlements required to be funded in accordance with section 228(2)(b); and
p.000162: (d) entitlements that are required to be provided in accordance with Part 11 in respect of persons whose
p.000162: entitlements would have been provided from the Non-Earner’s Account under the Accident Insurance Act 1998; and
p.000162: (e) administering the Account; and
p.000162: (f) any other expenditure authorised by this Act.
p.000162: (4) The Minister may direct the Corporation to repay to the Crown any surplus funds held in the
p.000162: Non-Earners’ Account.
p.000162: (5) This section is not limited by any provision in the Crown Entities Act 2004.
p.000162: Compare: 1998 No 114 s 290
p.000162: Section 227(1): amended, on 1 July 2005, by section 39 of the Injury Prevention, Rehabilitation, and Compensation
p.000162: Amendment Act (No 2) 2005 (2005 No 45).
p.000162: Section 227(3)(a): amended, on 1 July 2005, by section 39 of the Injury Prevention, Rehabilitation, and Compensation
p.000162: Amendment Act (No 2) 2005 (2005 No 45).
p.000162: Section 227(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000162: (2004 No 115).
p.000162: Section 227(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000162: No 115).
p.000162:
p.000162:
p.000162:
p.000162:
p.000162:
p.000163: 163
p.000163:
p.000163:
p.000163:
p.000163:
p.000163: Part 6 s 228 Accident Compensation Act 2001
p.000163: Reprinted as at 1 April 2019
p.000163:
p.000163: Treatment Injury Account
p.000163: Heading: substituted, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
...
p.000170: this Act to the Commissioner as agent for the Corporation.
p.000170: (2) The Commissioner must, after deducting any agreed collection fee, pay the bal- ance of levies to the
p.000170: Corporation not later than the end of the month following the month in which those levies are received.
p.000170: (3) The Commissioner must, after deducting any agreed collection fee, pay to the Corporation, at intervals
p.000170: agreed between the Commissioner and the Corpor-
p.000170:
p.000170:
p.000171: 171
p.000171:
p.000171:
p.000171:
p.000171:
p.000171: Part 6 s 246 Accident Compensation Act 2001
p.000171: Reprinted as at 1 April 2019
p.000171:
p.000171: ation, penalties payable in respect of combined tax and earner levy deductions as is estimated by the Commissioner
p.000171: to be attributable to earner levy deduc- tions.
p.000171: (4) If the Commissioner is acting as agent for the Corporation under this section, the provisions of the Tax
p.000171: Administration Act 1994, so far as they are applic- able, apply as if—
p.000171: (a) this Act were one of the Inland Revenue Acts and the levy were a tax or duty under one of the Inland Revenue
p.000171: Acts; and
p.000171: (b) every offence under the Tax Administration Act 1994 were an offence against this Act.
p.000171: (5) This section does not prevent the Corporation from using any other agent for the purposes of levy collection.
p.000171: Compare: 1998 No 114 s 316
p.000171:
p.000171: 246 Information available to Corporation
p.000171: (1) The purpose of this section is to enable the Corporation to establish liability for levies under this Part
p.000171: effectively in relation to employers, self-employed per- sons, and private domestic workers, and to
p.000171: shareholder-employees to whom section RD 3B or RD 3C of the Income Tax Act 2007 applies.
p.000171: (2) The Corporation may, for the purposes of this section, from time to time request the
p.000171: Commissioner to provide a list of all those employers, self- employed persons, private domestic workers, and
p.000171: shareholder-employees, or of any category of those employers, self-employed persons, private domestic workers,
p.000171: and shareholder-employees as the Corporation may specify.
p.000171: (3) The list is to include the names of the employers, self-employed persons, and private domestic workers, and
p.000171: shareholder-employees to whom section RD 3B or RD 3C of the Income Tax Act 2007 applies, their addresses and ACC file
p.000171: numbers, and (if available) the time at which the employers, self-employed per- sons, private domestic workers, and
p.000171: shareholder-employees became or ceased to be employers, self-employed persons, private domestic workers, or
p.000171: share- holder-employees.
p.000171: (4) The Corporation may request the Commissioner to provide any information relating to an employer’s,
p.000171: self-employed person’s, or private domestic worker’s industry classification and the total amount paid by an employer
p.000171: or a private domestic worker as earnings as an employee, or as earnings as a shareholder- employee to whom section
p.000171: RD 3B or RD 3C of the Income Tax Act 2007 applies, or (in the case of a self-employed person) the
p.000171: earnings as a self- employed person that the Corporation may specify for the purposes of this sec- tion.
p.000171: (4A) The Corporation may also request the Commissioner to provide any of the fol- lowing information:
p.000171:
p.000171:
p.000171:
p.000172: 172
p.000172:
p.000172:
p.000172: Reprinted as at
p.000172: 1 April 2019 Accident Compensation Act 2001
p.000172: Part 6 s 246
p.000172:
p.000172: (a) whether an employer, self-employed person, private domestic worker, or shareholder-employee to whom section RD
p.000172: 3B or RD 3C of the Income Tax Act 2007 applies has a tax agent and, if so, the tax agent’s name and contact details:
p.000172: (b) for an employer, self-employed person, private domestic worker, or shareholder-employee to whom
p.000172: section RD 3B or RD 3C of the Income Tax Act 2007 applies who is an individual, whether the individual is
p.000172: deceased and, if so,—
p.000172: (i) the individual’s date of death; and
p.000172: (ii) the name and contact details of the administrator or executor of the individual’s estate.
p.000172: (4B) In this section, tax agent has the same meaning as in section 3 of the Tax Administration Act
p.000172: 1994.
...
p.000208: (4) This section does not apply unless the claimant has authorised the request being made and the
p.000208: person of whom the request is made has notice of that authorisation.
p.000208:
p.000209: 209
p.000209:
p.000209:
p.000209:
p.000209:
p.000209: Part 9 s 310 Accident Compensation Act 2001
p.000209: Reprinted as at 1 April 2019
p.000209:
p.000209: (5) A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
p.000209: Compare: 1998 No 114 s 376
p.000209:
p.000209: 310 Offence not to provide earnings information to Corporation
p.000209: (1) This section applies to a person who is receiving—
p.000209: (a) first week compensation; or
p.000209: (b) weekly compensation.
p.000209: (2) A person to whom this section applies commits an offence if he or she fails to advise the Corporation as
p.000209: soon as practicable if his or her earnings have increased after he or she began receiving compensation
p.000209: in such a way as to reduce the compensation payable to him or her.
p.000209: (3) A person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000.
p.000209: Compare: 1998 No 114 s 377
p.000209:
p.000209: 311 Goods and services tax not payable on penalties or fines
p.000209: To avoid doubt, goods and services tax under the Goods and Services Tax Act 1985 is not payable in respect of any fine,
p.000209: penalty, or interest that is payable under this Act or any of the former Acts.
p.000209: Liability of directors, employees, and officers
p.000209: 312 Directors, employees, and officers
p.000209: (1) A director, employee, agent, or officer of a body corporate commits an offence against this Act if—
p.000209: (a) the body corporate commits an offence against this Act (the principal offence); and
p.000209: (b) the principal offence was caused by an act done or carried out by, or by an omission of, the director,
p.000209: employee, agent, or officer.
p.000209: (2) A director, employee, agent, or officer who does or carries out the act or omis- sion referred to in
p.000209: subsection (1) is liable on conviction for up to the same maximum penalty that could apply to an individual,
p.000209: if an individual had com- mitted the principal offence.
p.000209: (3) An employee or officer of a body corporate includes a person who, by reason of the person’s employment with,
p.000209: or position in relation to, the body corporate, is responsible by law, contract, or otherwise for undertaking an action
p.000209: on behalf of the body corporate.
p.000209: Compare: 1998 No 114 s 378
p.000209:
p.000209:
p.000209:
p.000209:
p.000209:
p.000210: 210
p.000210:
p.000210:
p.000210: Reprinted as at
p.000210: 1 April 2019 Accident Compensation Act 2001
p.000210: Part 9 s 316
p.000210:
p.000210: Informations
p.000210: 313 Charges
p.000210: (1) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period
...
p.000223: (b) requiring the Corporation to pay costs to claimants at the appropriate rate or scale specified in
p.000223: the regulations, which costs may apply whether or not regulations are for the time being in force under paragraph (a):
p.000223: (c) prescribing the time frames for the lodging of review applications about matters under Part 5 that undergo an
p.000223: alternative dispute resolution pro- cedure, which time frames may be longer (but not less) than those set out in
p.000223: section 135(2).
p.000223: (2) In the absence of regulations for the time being in force under subsection (1)(a), the use of
p.000223: alternative dispute resolution and the manner in which it is to be conducted is a matter for agreement between the
p.000223: Corporation and the claim- ant.
p.000223: Section 328A: inserted, on 1 July 2005, by section 55 of the Injury Prevention, Rehabilitation, and Compensation
p.000223: Amendment Act (No 2) 2005 (2005 No 45).
p.000223:
p.000223:
p.000223:
p.000223:
p.000224: 224
p.000224:
p.000224:
p.000224: Reprinted as at
p.000224: 1 April 2019 Accident Compensation Act 2001
p.000224: Part 9 s 329
p.000224:
p.000224: 329 Regulations relating to levies
p.000224: (1) For the purposes of Part 6, the Governor-General may, on the recommendation of the Minister, by Order in
p.000224: Council, make regulations—
p.000224: (a) specifying, in relation to levies, the maximum amounts and deemed min- imum amounts of earnings for levy
p.000224: purposes:
p.000224: (b) prescribing earnings deemed,—
p.000224: (i) for the purposes of section 169(1), to have been paid by an employer to the employer’s
p.000224: employees or earned by a self- employed person; or
p.000224: (ii) for the purposes of section 169(1), to have been earned as a pri- vate domestic worker:
p.000224: (c) prescribing the rates of levies (including maximum and minimum levies) and specifying the manner in which the
p.000224: Corporation is to determine the levies payable:
p.000224: (ca) prescribing the terms and conditions of the system or systems of experi- ence rating or of risk sharing
p.000224: referred to in section 169(2):
p.000224: (d) prescribing the period to which any levies relate:
p.000224: (e) prescribing, in relation to levies, any discounts to be allowed and any adjustments to be made:
p.000224: (f) prescribing classifications, and categories of earners, for levy purposes:
p.000224: (g) prescribing classifications of industries and risks for the purposes of sec- tion 170:
p.000224: (h) specifying the threshold that must be met for the purpose of multiple classification in section
p.000224: 170, being a threshold based on the liable earn- ings of groups of employees or the overall levy payable by the
p.000224: employer:
p.000224: (i) prescribing the rate of interest payable on any amount under section 250(3) and the method by which
p.000224: the prescribed rate is to be applied (for example, 7.5% compounding monthly on the outstanding amount
p.000224: unpaid):
p.000224: (j) providing for levy adjustments and any matters relating to audits of safety management practices
p.000224: referred to in section 175(7):
p.000224: (k) prescribing, in relation to the levy payable under section 213(2)(c),—
p.000224: (i) the fuels in respect of which the levy is payable:
p.000224: (ii) the category or categories of any fuel in respect of which the levy is payable:
p.000224: (iii) the rate or rates at which the levy is payable:
p.000224: (iv) the manner in which the levy is to be collected and paid to the Corporation:
p.000224:
p.000224:
p.000224:
p.000225: 225
p.000225:
p.000225:
p.000225:
p.000225:
p.000225: Part 9 s 329 Accident Compensation Act 2001
p.000225: Reprinted as at 1 April 2019
p.000225:
p.000225: (v) the persons or classes of person who are entitled to a refund under section 255(1A), the extent to which any
p.000225: amount of levy may be refunded, the manner in which persons must apply for a refund, and the manner in which
p.000225: refunds are to be paid:
p.000225: (l) establishing a system for differential levies, for the purposes of the Motor Vehicle Account, for
p.000225: categories referred to in—
p.000225: (i) section 216(1); or
p.000225: (ii) section 216(2):
p.000225: (m) setting, in relation to a prescribed period, a portion of the Work Account, the Motor Vehicle Account, or the
p.000225: Earners’ Account that is necessary to achieve,—
p.000225: (i) [Repealed]
...
p.000232: transition from the competitive provision of work- place accident insurance continues and, in particular, that—
p.000232: (a) claimants who suffer personal injury to which an accident insurance con- tract under the 1998 Act applies
p.000232: continue to have access to cover and entitlements; and
p.000232: (b) all persons who should be contributing to the cost of claims to which an accident insurance contract applies
p.000232: do so; and
p.000232: (c) the infrastructure and powers connected with the competitive provision of workplace accident insurance
p.000232: continue in place as appropriate.
p.000232: 341 Interpretation
p.000232: (1) In this Part,—
p.000232: 1998 Act means the Accident Insurance Act 1998
p.000232: 2000 Act means the Accident Insurance (Transitional Provisions) Act 2000
p.000232:
p.000233: 233
p.000233:
p.000233:
p.000233:
p.000233:
p.000233: Part 10 s 342 Accident Compensation Act 2001
p.000233: Reprinted as at 1 April 2019
p.000233:
p.000233: accident insurance contract means an accident insurance contract entered into under the 1998 Act
p.000233: insurer means an insurer that was registered under the 1998 Act, while that registration continues under
p.000233: this Act and the insurer is still managing claims under that Act to which this Part applies; and includes—
p.000233: (a) an employer who, because of a risk sharing agreement with an insurer, is responsible for providing claims
p.000233: management services in relation to cover and statutory entitlements for the employer’s employees:
p.000233: (b) the administrator of an insurer, in the administrator’s role under this Part:
p.000233: (c) the Regulator, in the Regulator’s role of meeting obligations of an insol- vent insurer under this Part:
p.000233: (d) the Regulator, in the Regulator’s role of administering the Non-Compli- ers Fund under this Part unless this
p.000233: has been transferred to the Corpor- ation under section 345:
p.000233: (e) where the context requires, the Corporation.
p.000233: (2) In this Part, unless the context otherwise requires, terms not defined in this Part but defined in the 1998
p.000233: Act have, in this Part, the same meanings as in the 1998 Act.
p.000233: Compare: 1998 No 114 s 356
p.000233:
p.000233: Savings in respect of accident insurance contracts and injuries to which contracts apply
p.000233: 342 Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act
p.000233: (1) The 1998 Act continues to apply, despite its repeal and with any necessary modifications, for the
p.000233: purposes of this Part in respect of—
p.000233: (a) any personal injury to which an accident insurance contract applies; and
p.000233: (b) any accident insurance contract; and
p.000233: (c) any obligations of an insurer in relation to work-related gradual process, disease, or infection, or to
p.000233: subsequent injuries.
p.000233: (2) In particular, without limitation,—
p.000233: (a) the 1998 Act continues to apply in respect of any personal injury suf- fered on or after 1 July
p.000233: 1999 and before 1 July 2000; and
p.000233: (b) Parts 2 to 6, Part 12, and Schedules 1 to 4 of the 1998 Act continue to apply, with necessary modifications,
p.000233: to determine what personal injury is covered, how to make claims, what the entitlements are, and how to
...
p.000338:
p.000338: Reprinted as at
p.000338: 1 April 2019 Accident Compensation Act 2001
p.000338: Schedule 5
p.000338:
p.000338: 15 Committees
p.000338: [Repealed]
p.000338: Schedule 5 clause 15: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000338: (2004 No 115).
p.000338:
p.000338: Documents [Repealed]
p.000338: Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No
p.000338: 115).
p.000338:
p.000338: 16 Execution of documents
p.000338: [Repealed]
p.000338: Schedule 5 clause 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000338: (2004 No 115).
p.000338:
p.000338: Employment
p.000338: 17 Chief executive
p.000338: (1) The Board, acting after consultation with the Minister, must appoint a chief executive of the
p.000338: Corporation.
p.000338: (2) The chief executive may not be a member of the Board.
p.000338: (3) Section 117 of the Crown Entities Act 2004 applies to the appointment of a chief executive under
p.000338: this clause.
p.000338: Compare: 1998 No 114 Schedule 6 cl 17
p.000338: Schedule 5 clause 17(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000338:
p.000338: 18 Application of State Sector Act 1988
p.000338: [Repealed]
p.000338: Schedule 5 clause 18: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000338: (2004 No 115).
p.000338:
p.000338: 19 Personnel policy
p.000338: [Repealed]
p.000338: Schedule 5 clause 19: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000338: (2004 No 115).
p.000338:
p.000338: 20 Proper standards
p.000338: The Corporation must ensure that all employees maintain proper standards of integrity, conduct, and concern for the
p.000338: public interest.
p.000338: Compare: 1998 No 114 Schedule 6 cl 20
p.000338: Schedule 5 clause 20: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000338: (2004 No 115).
p.000338:
p.000338:
p.000338:
p.000339: 339
p.000339:
p.000339:
p.000339:
p.000339:
p.000339: Schedule 5 Accident Compensation Act 2001
p.000339: Reprinted as at 1 April 2019
p.000339:
p.000339: 21 Equal employment opportunities
p.000339: [Repealed]
p.000339: Schedule 5 clause 21: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339: 22 Superannuation
p.000339: [Repealed]
p.000339: Schedule 5 clause 22: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339: 23 Employees not in service of Crown
p.000339: [Repealed]
p.000339: Schedule 5 clause 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339: 24 Liability of members and employees
p.000339: [Repealed]
p.000339: Schedule 5 clause 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339: Delegations
p.000339: 25 Additional persons to whom delegations can be made
p.000339: Despite section 73(1)(d) of the Crown Entities Act 2004, the Corporation need not obtain the approval of the
p.000339: Minister before delegating services provided under this Act to any person referred to in paragraph (d) of that
p.000339: section.
p.000339: Schedule 5 clause 25: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000339: (2004 No 115).
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000339:
p.000340: 340
p.000340:
p.000340:
p.000340: Reprinted as at
p.000340: 1 April 2019 Accident Compensation Act 2001
p.000340: Schedule 6
p.000340:
p.000340: Schedule 6 Consequential amendments
p.000340: s 337
p.000340:
p.000340: Part 1 Acts amended
p.000340: Administration Act 1969 (1969 No 52)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Armed Forces Discipline Act 1971 (1971 No 53)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Carriage by Air Act 1967 (1967 No 151)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Civil Defence Act 1983 (1983 No 46)
p.000340: Amendment(s) incorporated in the Act(s).
p.000340: Corporations (Investigation and Management) Act 1989 (1989 No 11)
...
Social / parents
Searching for indicator parent:
(return to top)
p.000020: (i) is a qualified health professional registered to practise in some other medical discipline in New
p.000020: Zealand who holds a recognised postgraduate qualification in acupuncture of a minimum of 120 credits (1 year
p.000020: full time) at Level 8 or above on the New Zealand Register of Quality Assured Qualifications; or
p.000020: (ii) holds a National Diploma in Acupuncture (Level 7) or equivalent according to the criteria for the New Zealand
p.000020: Register of Quality Assured Qualifications
p.000020: acute treatment has the meaning set out in section 7
p.000020: audiologist—
p.000020: (a) means a member of the New Zealand Audiological Society; but
p.000020: (b) does not include a member when he or she is acting in the course of employment by a supplier of
p.000020: hearing aids or acting as a supplier of hear- ing aids
p.000020: Board means the Board of the Corporation
p.000020: child, in relation to a deceased claimant,—
p.000020: (a) means his or her natural child; and
p.000020: (b) includes his or her adopted child; and
p.000020: (c) includes any other child who would ordinarily be regarded as his or her child because the deceased claimant—
p.000020: (i) was the spouse or partner of one of the child’s parents; and
p.000020: (ii) acted as a parent of the child; but
p.000020: (d) does not include an other dependant of the claimant
p.000020: child care means personal care or supervisory care of a child in New Zealand
p.000020:
p.000020:
p.000020:
p.000021: 21
p.000021:
p.000021:
p.000021:
p.000021:
p.000021: Part 1 s 6 Accident Compensation Act 2001
p.000021: Reprinted as at 1 April 2019
p.000021:
p.000021: chiropractor means a health practitioner who—
p.000021: (a) is, or is deemed to be, registered with the Chiropractic Board continued by section 114(1)(a) of the Health
p.000021: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of chiropractic; and
p.000021: (b) holds a current practising certificate
p.000021: claim means a claim under section 48
p.000021: claimant, in relation to a deceased claimant, includes the spouse or partner, any child, and any other
p.000021: dependants of the deceased claimant
p.000021: clinical dental technician means a health practitioner who—
p.000021: (a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health
p.000021: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of clinical dental technology; and
p.000021: (b) holds a current practising certificate
p.000021: close company has the same meaning as in section YA 1 of the Income Tax Act 2007
p.000021: Code—
p.000021: (a) means the Code of ACC Claimants’ Rights approved under section 44; and
p.000021: (b) includes any amendments to the Code approved under section 47
...
p.000269: assistance
p.000269:
p.000269:
p.000269:
p.000269:
p.000269:
p.000270: 270
p.000270:
p.000270:
p.000270: Reprinted as at
p.000270: 1 April 2019 Accident Compensation Act 2001
p.000270: Schedule 1
p.000270:
p.000270: educational participation means participation within the claimant’s school day or period of attendance at an
p.000270: early childhood education service by a claim- ant who is—
p.000270: (a) entitled to free enrolment and free education under the Education Act 1989 and is—
p.000270: (i) enrolled at a registered school within the meaning of that Act; or
p.000270: (ii) exempted under section 21 or 22A of that Act from the require- ment to be enrolled; or
p.000270: (iii) exempted under section 26 (but not subsection (1)(b)(iii)) of that Act from attending a school; or
p.000270: (b) attending a licensed early childhood service within the meaning of sec- tion 309 of the Education Act 1989; or
p.000270: (c) enrolled at a State school, special school, special class, or special clinic, under an agreement to which
p.000270: section 9 of the Education Act 1989 applies
p.000270: home—
p.000270: (a) means residential premises in New Zealand in which the claimant lives and which are owned, rented, or
p.000270: otherwise lawfully occupied by the claimant or his or her parent, guardian, or spouse or partner; and
p.000270: (b) includes residential premises in New Zealand in which the claimant pro- poses to live after they are
p.000270: built and which will be owned, rented, or otherwise lawfully occupied by the claimant or his or her parent,
p.000270: guard- ian, or spouse or partner; but
p.000270: (c) does not include any hospital, hostel, hotel, motel, rest home, or other institution
p.000270: home help means the provision, in New Zealand, of domestic activities
p.000270: independence includes the capacity to function in the following areas:
p.000270: (a) communication:
p.000270: (b) domestic activities:
p.000270: (c) educational participation:
p.000270: (e) financial management:
p.000270: (f) health care:
p.000270: (g) hygiene care:
p.000270: (h) mobility:
p.000270: (i) motivation:
p.000270: (j) safety management:
p.000270: (k) sexuality:
p.000270:
p.000270:
p.000270:
p.000271: 271
p.000271:
p.000271:
p.000271:
p.000271:
p.000271: Schedule 1 Accident Compensation Act 2001
p.000271: Reprinted as at 1 April 2019
p.000271:
p.000271: (l) cognitive tasks of daily living, such as orientation, planning, and task completion:
p.000271: (m) use of transport
p.000271: modifications to the home—
p.000271: (a) means alterations to a claimant’s home that—
p.000271: (i) have the purpose of assisting a claimant to live as independently as practicable, having regard to the
p.000271: limitations caused by his or her injury; and
p.000271: (ii) remove structural barriers or add features fixed to the home; and
...
p.000314: increased since the date of assessment.
p.000314: (5) Subclause (4) is subject to subclauses (6) and (7).
p.000314: (6) A certificate provided under subclause (4) in respect of personal injury that is mental injury must be
p.000314: provided by a medical practitioner who is suitably quali- fied (to the Corporation’s satisfaction) to assess mental
p.000314: injury.
p.000314: (7) A claimant is not entitled to more than 1 reassessment under subclause (4) in any 12-month period.
p.000314: Schedule 1 clause 61(4): amended, on 18 September 2004, by section 175(1) of the Health Practition-
p.000314: ers Competence Assurance Act 2003 (2003 No 48).
p.000314: Schedule 1 clause 61(6): amended, on 18 September 2004, by section 175(1) of the Health Practition-
p.000314: ers Competence Assurance Act 2003 (2003 No 48).
p.000314:
p.000314: 62 Payment of entitlement to lump sum compensation to deceased claimant’s estate
p.000314: If a claimant dies after the completion of the assessment of the degree of per- manent impairment but before
p.000314: payment of the lump sum, the Corporation is liable to pay the lump sum to the deceased claimant’s estate.
p.000314:
p.000314: Part 4
p.000314: Entitlements arising from fatal injuries
p.000314: 63 Child not born at date of claimant’s death
p.000314: For the purposes of this Part, any child of the claimant who is born within 12 months after the claimant’s death is
p.000314: deemed to be—
p.000314: (a) dependent on the claimant at the date of the claimant’s death; and
p.000314: (b) under the care of the surviving parent of the child on that date.
p.000314: Compare: 1998 No 114 Schedule 1 cl 64
p.000314:
p.000314: 64 Funeral grant
p.000314: (1) The Corporation is liable to pay to a deceased claimant’s estate a funeral grant of the lesser of—
p.000314: (a) the actual costs of the funeral; or (b) $4,500.
p.000314: (2) Adjustments to the amount specified in subclause (1) must be made in the man- ner provided in section 116.
p.000314: Compare: 1998 No 114 Schedule 1 cl 65
p.000314:
p.000314:
p.000315: 315
p.000315:
p.000315:
p.000315:
p.000315:
p.000315: Schedule 1 Accident Compensation Act 2001
p.000315: Reprinted as at 1 April 2019
p.000315:
p.000315: 65 Survivor’s grant
p.000315: (1) The Corporation is liable to pay a survivor’s grant for a deceased claimant as follows:
p.000315: (a) to a surviving spouse or partner of the claimant, $4,702.79 but, if there is more than 1 surviving spouse
p.000315: or partner, the Corporation must divide that amount equally between them:
p.000315: (b) to each child of the claimant who has not yet turned 18 years, $2,351.40:
p.000315: (c) to any other dependant of the claimant, $2,351.40.
p.000315: (2) Adjustments to the amounts specified in subclause (1) must be made in the manner provided in
p.000315: section 116.
p.000315: Compare: 1998 No 114 Schedule 1 cl 66
p.000315: Schedule 1 clause 65(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000315: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000315:
p.000315: 66 Weekly compensation for surviving spouse or partner
...
p.000319:
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the child’s weekly compensation because of the age that the
p.000319: claimant would have reached if he or she had not died.
p.000319: (5) The child ceases to be entitled to weekly compensation on the later of—
p.000319: (a) the end of the calendar year in which the child turns 18 years; or
p.000319: (b) if the child is in full-time study at a place of education, the earliest of ceasing the study, completing the
p.000319: study, or turning 21 years.
p.000319: (6) The Corporation must double the compensation payable for each parent if both the child’s parents have died.
p.000319: Compare: 1998 No 114 Schedule 1 cl 70
p.000319:
p.000319: 71 Weekly compensation for other dependants
p.000319: (1) The Corporation is liable to pay weekly compensation to any other dependant of a deceased claimant.
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the other dependant’s weekly compensation because of the
p.000319: age that the claimant would have reached if he or she had not died.
p.000319: (5) The other dependant ceases to be entitled to weekly compensation on the earlier of the following:
p.000319: (a) the other dependant has or will have, over a period of 12 months, aver- age earnings per week greater
...
Searching for indicator parents:
(return to top)
p.000020: (b) a member of the New Zealand Acupuncture Standards Authority Incorp- orated who—
p.000020: (i) is a qualified health professional registered to practise in some other medical discipline in New
p.000020: Zealand who holds a recognised postgraduate qualification in acupuncture of a minimum of 120 credits (1 year
p.000020: full time) at Level 8 or above on the New Zealand Register of Quality Assured Qualifications; or
p.000020: (ii) holds a National Diploma in Acupuncture (Level 7) or equivalent according to the criteria for the New Zealand
p.000020: Register of Quality Assured Qualifications
p.000020: acute treatment has the meaning set out in section 7
p.000020: audiologist—
p.000020: (a) means a member of the New Zealand Audiological Society; but
p.000020: (b) does not include a member when he or she is acting in the course of employment by a supplier of
p.000020: hearing aids or acting as a supplier of hear- ing aids
p.000020: Board means the Board of the Corporation
p.000020: child, in relation to a deceased claimant,—
p.000020: (a) means his or her natural child; and
p.000020: (b) includes his or her adopted child; and
p.000020: (c) includes any other child who would ordinarily be regarded as his or her child because the deceased claimant—
p.000020: (i) was the spouse or partner of one of the child’s parents; and
p.000020: (ii) acted as a parent of the child; but
p.000020: (d) does not include an other dependant of the claimant
p.000020: child care means personal care or supervisory care of a child in New Zealand
p.000020:
p.000020:
p.000020:
p.000021: 21
p.000021:
p.000021:
p.000021:
p.000021:
p.000021: Part 1 s 6 Accident Compensation Act 2001
p.000021: Reprinted as at 1 April 2019
p.000021:
p.000021: chiropractor means a health practitioner who—
p.000021: (a) is, or is deemed to be, registered with the Chiropractic Board continued by section 114(1)(a) of the Health
p.000021: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of chiropractic; and
p.000021: (b) holds a current practising certificate
p.000021: claim means a claim under section 48
p.000021: claimant, in relation to a deceased claimant, includes the spouse or partner, any child, and any other
p.000021: dependants of the deceased claimant
p.000021: clinical dental technician means a health practitioner who—
p.000021: (a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health
p.000021: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of clinical dental technology; and
p.000021: (b) holds a current practising certificate
p.000021: close company has the same meaning as in section YA 1 of the Income Tax Act 2007
p.000021: Code—
p.000021: (a) means the Code of ACC Claimants’ Rights approved under section 44; and
...
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the child’s weekly compensation because of the age that the
p.000319: claimant would have reached if he or she had not died.
p.000319: (5) The child ceases to be entitled to weekly compensation on the later of—
p.000319: (a) the end of the calendar year in which the child turns 18 years; or
p.000319: (b) if the child is in full-time study at a place of education, the earliest of ceasing the study, completing the
p.000319: study, or turning 21 years.
p.000319: (6) The Corporation must double the compensation payable for each parent if both the child’s parents have died.
p.000319: Compare: 1998 No 114 Schedule 1 cl 70
p.000319:
p.000319: 71 Weekly compensation for other dependants
p.000319: (1) The Corporation is liable to pay weekly compensation to any other dependant of a deceased claimant.
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the other dependant’s weekly compensation because of the
p.000319: age that the claimant would have reached if he or she had not died.
p.000319: (5) The other dependant ceases to be entitled to weekly compensation on the earlier of the following:
p.000319: (a) the other dependant has or will have, over a period of 12 months, aver- age earnings per week greater
p.000319: than the minimum weekly earnings as determined under clause 42(3):
p.000319:
p.000319:
p.000320: 320
p.000320:
p.000320:
p.000320: Reprinted as at
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
(return to top)
p.000074: claim- ant to exercise the right.
p.000074: Compare: 1998 No 114 s 71
p.000074:
p.000074: 64 Corporation must give notice of decisions
p.000074: (1) The Corporation must give notice of its decision on a claim to the claimant.
p.000074: (2) In the case of a claim for cover for a work-related personal injury to an employee, the
p.000074: Corporation must give notice of its decision on the claim for cover to every employer entitled to apply for a
p.000074: review of that decision.
p.000074: (3) [Repealed]
p.000074: (4) Every notice given under this section must—
p.000074: (a) be written; and
p.000074: (b) contain the reasons for the decision; and
p.000074: (c) give the claimant or other person information about his or her rights to apply for review, including details
p.000074: of the time available to do so and an explanation of when applications can be made outside that time.
p.000074: Compare: 1998 No 114 s 72
p.000074: Section 64(3): repealed, on 1 July 2005, by section 19 of the Injury Prevention, Rehabilitation, and Compensation
p.000074: Amendment Act (No 2) 2005 (2005 No 45).
p.000074:
p.000074: 65 Corporation may revise decisions
p.000074: (1) If the Corporation considers it made a decision in error, it may revise the deci- sion at any time, whatever
p.000074: the reason for the error.
p.000074: (2) The Corporation may revise a decision deemed by section 58 to have been made in respect of any
p.000074: claim for cover, but may not recover from the claimant any payments made by it, in respect of the claim, before the
p.000074: date of the revision unless the claimant has made statements or provided information to the Corpor- ation that are, in
p.000074: the opinion of the Corporation, intentionally misleading.
p.000074: (3) A revision may—
p.000074: (a) amend the original decision; or
p.000074: (b) revoke the original decision and substitute a new decision.
p.000074: (4) Every amendment to a decision, and every substituted decision, is a fresh deci- sion.
p.000074: (5) Sections 19 to 23 of the Crown Entities Act 2004 do not limit this section.
p.000074: Compare: 1998 No 114 s 73(1)–(3)
p.000074: Section 65(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000074: No 115).
p.000074:
p.000074:
p.000075: 75
p.000075:
p.000075:
p.000075:
p.000075:
p.000075: Part 3 s 66 Accident Compensation Act 2001
p.000075: Reprinted as at 1 April 2019
p.000075:
p.000075: 66 Corporation must keep claims files
p.000075: The Corporation must keep every claim file for at least 10 years after the date of the latest action the Corporation
p.000075: has recorded on the claim.
p.000075: Compare: 1998 No 114 s 74
p.000075:
p.000075: Part 4
p.000075: Entitlements and related matters
p.000075: Entitlements
p.000075: 67 Who is entitled to entitlements
p.000075: A claimant who has suffered a personal injury is entitled to 1 or more entitle- ments if he or she—
p.000075: (a) has cover for the personal injury; and
p.000075: (b) is eligible under this Act for the entitlement or entitlements in respect of the personal injury.
p.000075: Compare: 1998 No 114 s 79
p.000075:
p.000075: 68 Corporation provides entitlements in accordance with this Act
p.000075: (1) The Corporation provides entitlements to claimants in accordance with this Act.
p.000075: (2) If any provision of this Act requires the Corporation to provide an entitlement (regardless of how that
...
p.000093: (a) for the purpose in subsection (3); and
p.000093: (b) in accordance with sections 108 to 110 and clauses 24 to 29 of Schedule 1; and
p.000093: (c) at the Corporation’s expense.
p.000093: (3) The purpose of the assessment is to ensure that comprehensive vocational rehabilitation, as
p.000093: identified in a claimant’s individual rehabilitation plan, has
p.000093:
p.000093:
p.000094: 94
p.000094:
p.000094:
p.000094: Reprinted as at
p.000094: 1 April 2019 Accident Compensation Act 2001
p.000094: Part 4 s 109
p.000094:
p.000094: been completed and that it has focused on the claimant’s needs, and addressed any injury-related barriers, to enable
p.000094: the claimant—
p.000094: (a) to maintain or obtain employment; or
p.000094: (b) to regain or acquire vocational independence.
p.000094: 108 Assessment of claimant’s vocational independence
p.000094: (1) An assessment of a claimant’s vocational independence must consist of—
p.000094: (a) an occupational assessment under clause 25 of Schedule 1; and
p.000094: (b) a medical assessment under clause 28 of Schedule 1.
p.000094: (2) The purpose of an occupational assessment is to—
p.000094: (a) consider the progress and outcomes of vocational rehabilitation carried out under the claimant’s individual
p.000094: rehabilitation plan; and
p.000094: (b) consider whether the types of work (whether available or not) identified in the claimant’s individual
p.000094: rehabilitation plan are still suitable for the claimant because they match the skills that the claimant
p.000094: has gained through education, training, or experience.
p.000094: (3) The purpose of a medical assessment is to provide an opinion for the Corpor- ation as to whether, having
p.000094: regard to the claimant’s personal injury, the claim- ant has the capacity to undertake any type of work
p.000094: identified in the occupa- tional assessment and reflected in the claimant’s individual rehabilitation plan.
p.000094: Compare: 1998 No 114 s 94
p.000094:
p.000094: 109 When claimant’s vocational independence to be assessed
p.000094: (1) The Corporation may determine the claimant’s vocational independence at such reasonable intervals as
p.000094: the Corporation considers appropriate.
p.000094: (2) However, the Corporation must determine the claimant’s vocational independ- ence again if—
p.000094: (a) the Corporation has previously determined that the claimant had—
p.000094: (i) vocational independence under this section; or
p.000094: (ii) a capacity for work under section 89 of the Accident Insurance Act 1998; or
p.000094: (iii) a capacity for work under section 51 of the Accident Rehabilita- tion and Compensation Insurance Act 1992; and
p.000094: (b) the Corporation believes, or has reasonable grounds for believing, that the claimant’s vocational
p.000094: independence or capacity for work may have deteriorated due to the injuries that were assessed in the previous voca-
p.000094: tional independence or capacity for work assessment.
p.000094: (3) The claimant may give the Corporation information to assist the Corporation to reach a belief under subsection
p.000094: (2)(b).
p.000094: Compare: 1998 No 114 s 89
p.000094:
p.000095: 95
...
p.000121: (c) officers of the court; and
p.000121: (d) the parties and their representatives; and
p.000121: (e) any other person who is entitled to appear and be heard, and his or her representative; and
p.000121: (f) witnesses; and
p.000121: (g) any other person whom the Judge permits to be present.
p.000121: (2) The court may make an order under subsection (1)—
p.000121: (a) on its own initiative or on the application of a party or any other person who is entitled to appear and be
p.000121: heard; and
p.000121: (b) if it considers it necessary and appropriate to do so to protect the privacy of a party or any other person
p.000121: who is entitled to appear and be heard, but the court may not make the order to protect the Corporation.
p.000121: Compare: 1998 No 118 s 162
p.000121:
p.000121: 160 Court may make order prohibiting publication
p.000121: (1) The court may make—
p.000121: (a) an order forbidding publication of any report or account of the whole or part of—
p.000121: (i) the evidence adduced; or
p.000121: (ii) the submissions made:
p.000121: (b) an order forbidding the publication of the name, address, or occupation, or particulars likely to lead to the
p.000121: identification, of—
p.000121: (i) a party to the appeal; or
p.000121: (ii) a person who is entitled to appear and be heard; or
p.000121: (iii) a witness.
p.000121: (2) The court may make an order under subsection (1) if it is of the opinion that it is necessary and appropriate
p.000121: to do so to protect the privacy of a person referred to in subsection (1)(b), but the court may not make the order to
p.000121: protect the Cor- poration.
p.000121: (3) An order under subsection (1)—
p.000121: (a) may be made for a limited period or permanently; and
p.000121: (b) if made for a limited period, may be renewed for a further period or periods; and
p.000121: (c) if made permanently, may be reviewed by the court at any time.
p.000121: (4) Every person who commits a breach of any order made under subsection (1) or evades or attempts to evade any
p.000121: such order commits an offence and is liable on conviction,—
p.000121:
p.000121:
p.000122: 122
p.000122:
p.000122:
p.000122: Reprinted as at
p.000122: 1 April 2019 Accident Compensation Act 2001
p.000122: Part 5 s 162
p.000122:
p.000122: (a) in the case of an individual, to a fine not exceeding $1,000:
p.000122: (b) in the case of a body corporate, to a fine not exceeding $5,000.
p.000122: Compare: 1998 No 114 s 163
p.000122:
p.000122: 161 Decisions on appeal
p.000122: (1) The court must determine an appeal by—
p.000122: (a) dismissing the appeal; or
p.000122: (b) modifying the review decision; or
p.000122: (c) quashing the review decision.
p.000122: (2) If the court quashes the review decision, it must indicate the effect clearly. The effect may be, for example,
p.000122: to—
p.000122: (a) endorse the Corporation’s decision; or
p.000122: (b) require the Corporation to take the action the court specifies in relation to the Corporation’s decision; or
...
p.000122: with the leave of the District Court, appeal to the High Court.
p.000122: (2) The leave of the District Court must be sought within 21 days after the District Court’s decision.
p.000122: (3) If the District Court refuses to grant leave, the High Court may grant special leave to appeal.
p.000122: (4) The special leave of the High Court must be sought within 21 days after the District Court refused leave.
p.000122: (5) The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016, with all necessary
p.000122: modifications, apply to an appeal under this section as if it were an appeal under section 124 of that Act.
p.000122:
p.000122:
p.000122:
p.000122:
p.000123: 123
p.000123:
p.000123:
p.000123:
p.000123:
p.000123: Part 5 s 163 Accident Compensation Act 2001
p.000123: Reprinted as at 1 April 2019
p.000123:
p.000123: Section 162: substituted, on 24 November 2003, by section 4(1) of the Injury Prevention, Rehabilita- tion, and
p.000123: Compensation Amendment Act 2003 (2003 No 29).
p.000123: Section 162(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016
p.000123: No 49).
p.000123: Section 162(5): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016
p.000123: No 49).
p.000123:
p.000123: 163 Appeal to Court of Appeal on question of law
p.000123: (1) A party to an appeal before the High Court under section 162 who is dissatis- fied with any determination
p.000123: or decision of the Court on the appeal as being wrong in law may, with the leave of the High Court,
p.000123: appeal to the Court of Appeal by way of case stated for the opinion of that court on a question of law only.
p.000123: (2) If the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant
p.000123: special leave to appeal.
p.000123: (3) An appeal to the Court of Appeal must be dealt with in accordance with the rules of the court.
p.000123: (4) The decision of the Court of Appeal on any application for leave to appeal, or on an appeal under this
p.000123: section, is final.
p.000123: Compare: 1998 No 114 s 166
p.000123:
p.000123: 164 Recovery of costs of appeals
p.000123: (1) The Corporation must in each financial year pay to the Ministry of Justice such amount as the Corporation and
p.000123: that Ministry agree as being—
p.000123: (a) the reasonable administrative costs of appeals under this Part; and
p.000123: (b) the reasonable costs of appeals under this Part in relation to judicial sal- aries, fees, and allowances.
p.000123: (2) Subsection (1) applies to costs that are not met by the parties to appeals under this Part.
p.000123: Compare: 1998 No 114 s 167
p.000123: Section 164(1): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amend- ment Act 2003 (2003 No
p.000123: 41).
p.000123:
p.000123: Part 6 Management of the Scheme
p.000123: 165 Duty of Corporation
p.000123: (1) The Corporation has a duty to—
p.000123: (a) determine cover for persons for whom claims for cover are lodged; and
p.000123: (b) provide entitlements, in accordance with the provisions of this Act, in respect of persons who have
p.000123: cover under this Act; and
p.000123:
p.000123:
p.000123:
p.000124: 124
p.000124:
p.000124:
p.000124: Reprinted as at
p.000124: 1 April 2019 Accident Compensation Act 2001
p.000124: Part 6 s 166A
p.000124:
...
p.000142: No 119).
p.000142:
p.000142: 184 Accreditation agreements
p.000142: (1) An accreditation agreement may provide that—
p.000142: (a) the employer is liable for some or all of the cost of providing entitle- ments in relation to
p.000142: work-related personal injuries suffered by the employer’s employees in that employer’s employment; and
p.000142: (b) in return, the Corporation will charge the employer reduced levies in relation to those work-related
p.000142: personal injuries on the basis set out in the framework; and
p.000142: (c) some decisions of an employer in relation to a work-related personal injury that are made under an
p.000142: accreditation agreement are, for the pur- poses of this Act, to be regarded as decisions of the Corporation.
p.000142: (2) An accreditation agreement may provide for an accredited employer to recover contributions from insurers,
p.000142: other accredited employers, and the Corporation, in accordance with this Act (for example, in the case of gradual
p.000142: process injuries and subsequent injuries).
p.000142: (3) An accreditation agreement may similarly provide for an accredited employer to make contributions to insurers,
p.000142: other accredited employers, and the Corpor- ation, in accordance with this Act.
p.000142: Compare: 1998 No 114 s 326D
p.000142:
p.000142:
p.000142:
p.000142:
p.000142:
p.000143: 143
p.000143:
p.000143:
p.000143:
p.000143:
p.000143: Part 6 s 185 Accident Compensation Act 2001
p.000143: Reprinted as at 1 April 2019
p.000143:
p.000143: 185 Accreditation requirements
p.000143: (1) The Corporation may enter into an accreditation agreement with an employer only if, in the opinion of the
p.000143: Corporation, the employer—
p.000143: (a) has appropriate experience in managing occupational health and safety issues positively; and
p.000143: (b) has demonstrated commitment to injury prevention; and
p.000143: (c) has demonstrated understanding and awareness of the importance of—
p.000143: (i) rehabilitation; and
p.000143: (ii) the employer’s involvement in the rehabilitation of the employer’s employees; and
p.000143: (d) has appropriate policies and procedures in place to prevent work-related personal injuries; and
p.000143: (e) has adequate resources, policies, and procedures in place to manage work-related personal injury
p.000143: claims; and
p.000143: (f) has adequate resources, policies, and procedures in place to promote and manage rehabilitation; and
p.000143: (g) has adequate procedures in place to fulfil the reporting requirements in section 189; and
p.000143: (h) is able and will continue to be able to meet its expected financial and other obligations in
p.000143: relation to work-related personal injury claims because it is solvent and financially sound; and
p.000143: (i) has consulted with the employer’s employees and any representatives of those employees (including any union
p.000143: to which those employees belong that is registered under the Employment Relations Act 2000) about the employer’s
p.000143: ability to comply with paragraphs (a) to (h).
p.000143: (2) The Corporation may revoke an accreditation agreement at any time if, in the opinion of the Corporation after
p.000143: discussion with the employer, the employer no longer complies with the framework or no longer fulfils the
p.000143: requirements in paragraphs (a) to (h) of subsection (1).
p.000143: Compare: 1998 No 114 s 326E
p.000143:
p.000143: 186 Corporation may be accredited employer
p.000143: (1) The Corporation can become an accredited employer only in accordance with this section.
p.000143: (2) Despite any other provision of sections 181 to 189, the Minister may establish a procedure for the following
p.000143: purposes:
p.000143: (a) providing for the Minister to appoint the Corporation as an accredited employer in relation to its
p.000143: employees:
p.000143: (b) providing for the manner in which the Corporation is to carry out its functions and duties as an
p.000143: accredited employer:
p.000143:
p.000144: 144
p.000144:
p.000144:
p.000144: Reprinted as at
p.000144: 1 April 2019 Accident Compensation Act 2001
p.000144: Part 6 s 188
p.000144:
p.000144: (c) providing for any matters that may be provided for in an accreditation agreement under sections 181 to 189.
p.000144: (3) In carrying out its functions and duties as an accredited employer, the Corpor- ation must act in accordance
p.000144: with the procedure established under subsection (2).
p.000144: (4) The procedure established under subsection (2) must be consistent with sec- tions 181 to 189.
p.000144: 187 Accredited employers to provide entitlements
p.000144: (1) An accredited employer must, during the claim management period con- cerned,—
p.000144: (a) manage every work-related personal injury claim relating to injury suf- fered by an employee of the
...
p.000169: in section 315.
p.000169: (2) Subsection (1) does not apply where a statement, document, or other informa- tion is to be provided to the
p.000169: Commissioner as an agent of the Corporation.
p.000169: Compare: SR 1999/196 r 27
p.000169: Section 242(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
p.000169: No 81).
p.000169:
p.000169: 243 Power to assess levies
p.000169: (1) The Corporation may determine the amount of levy that ought to be or to have been paid in any case where—
p.000169: (a) an accurate statement of the matters required to be stated in relation to earnings under this Act or
p.000169: regulations made under this Act has not been made; or
p.000169: (b) the Corporation is not satisfied with the statement; or
p.000169: (c) the Corporation is not satisfied that the proper levy has been paid.
p.000169:
p.000169:
p.000169:
p.000170: 170
p.000170:
p.000170:
p.000170: Reprinted as at
p.000170: 1 April 2019 Accident Compensation Act 2001
p.000170: Part 6 s 245
p.000170:
p.000170: (2) Subject to subsection (3), the Corporation may at any time alter or add to the determination made under
p.000170: subsection (1) if such action is necessary to ensure its correctness.
p.000170: (3) If a statement has been delivered in respect of any period and a levy has been paid in respect of that period,
p.000170: the Corporation has no power to make a deter- mination (if a determination has not been made), or alter a determination
p.000170: (if a determination has been made), after the expiration of 4 years beginning on the close of the tax year in
p.000170: which the statement was made unless that statement was, in the opinion of the Corporation, fraudulent or
p.000170: wilfully misleading.
p.000170: (4) The Corporation must give written notice of the determination or alteration of the determination under this
p.000170: section to the person or persons to whom it applies and that person or persons are liable to pay the determined or
p.000170: altered levy, and any specified penalty, on the date specified in the notice of decision.
p.000170: Compare: 1998 No 114 s 314
p.000170: Section 243(3): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context
p.000170: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000170:
p.000170: 244 Amounts of levy exempt from payment
p.000170: (1) This section applies if—
p.000170: (a) an invoice is issued for the purpose of this Act (whether or not only for that purpose or also for the purpose
p.000170: of any other enactment) that shows an amount payable under this Act for a single type of levy or for 2 or more
p.000170: different types of levy; and
p.000170: (b) the amount invoiced for the purpose of this Act does not exceed the rele- vant exempt amount set by
p.000170: regulations made under this Act for the pur- pose of this section.
p.000170: (2) If this section applies,—
p.000170: (a) no person is liable to pay the amount of the levy or levies shown on the invoice for the purpose of this Act;
p.000170: and
p.000170: (b) no person is liable to pay any penalties under this Act in respect of non- payment of the levy or levies.
p.000170: Section 244: substituted, on 1 April 2006, by section 44 of the Injury Prevention, Rehabilitation, and Compensation
p.000170: Amendment Act (No 2) 2005 (2005 No 45).
p.000170:
p.000170: 245 Agent to whom levies may be paid
...
p.000172: Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
p.000172: Section 246(4): amended, on 1 April 2008 (effective for 2008–09 income year and later income years,
p.000172: except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000172:
p.000172:
p.000173: 173
p.000173:
p.000173:
p.000173:
p.000173:
p.000173: Part 6 s 247 Accident Compensation Act 2001
p.000173: Reprinted as at 1 April 2019
p.000173:
p.000173: Section 246(4A): inserted, on 3 March 2010, by section 40 of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000173: 1).
p.000173: Section 246(4A)(a): amended (with effect on 30 March 2017), on 29 March 2018, by section 410(d) of the Taxation (Annual
p.000173: Rates for 2017–18, Employment and Investment Income, and Remedial Mat- ters) Act 2018 (2018 No 5).
p.000173: Section 246(4A)(b): amended (with effect on 30 March 2017), on 29 March 2018, by section 410(e) of the Taxation (Annual
p.000173: Rates for 2017–18, Employment and Investment Income, and Remedial Mat- ters) Act 2018 (2018 No 5).
p.000173: Section 246(4B): inserted, on 3 March 2010, by section 40 of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000173: 1).
p.000173:
p.000173: 247 Change of balance date
p.000173: If any person (with the consent of the Commissioner) changes the date of the annual balance of the person’s accounts
p.000173: for the purposes of the Tax Adminis- tration Act 1994,—
p.000173: (a) the person must comply with such requirements from time to time noti- fied by the Corporation concerning the
p.000173: delivery of statements as, in the opinion of the Corporation, are necessary in order for the Corporation to make
p.000173: consequential adjustments in relation to the person; and
p.000173: (b) the Corporation must notify the person in writing of any consequential adjustments made.
p.000173: Compare: SR 1996/196 r 26
p.000173:
p.000173: General administration
p.000173: 248 Recovery of debts by Corporation
p.000173: (1) The following are a debt due to the Corporation:
p.000173: (a) a sum (an overpayment) paid under this Act by the Corporation, being—
p.000173: (i) a sum paid to a person that is in excess of the amount to which the person is entitled under this Act or that
p.000173: was payable under a for- mer Act; or
p.000173: (ii) a sum paid to a person who has no entitlement to it under this Act:
p.000173: (b) an amount of levy payable under this Act, or a premium or levy payable under a former Act, that remains unpaid
p.000173: after payment is due:
p.000173: (c) any penalty or interest payable under this Act or any former Act:
p.000173: (d) any fee charged under section 234(2) (which applies if a levy is paid by instalments):
p.000173: (e) any amount payable to the Corporation and received by another person as an agent of the Corporation.
p.000173: (2) The Corporation may—
p.000173: (a) recover the debt by way of proceedings; or
p.000173:
p.000173:
p.000174: 174
p.000174:
p.000174:
p.000174: Reprinted as at
p.000174: 1 April 2019 Accident Compensation Act 2001
p.000174: Part 6 s 250
p.000174:
p.000174: (b) deduct all or part of the debt from any amount payable to that person by the Corporation (whether or not in
p.000174: respect of any or the same personal injury).
p.000174: (3) This section is subject to section 251.
p.000174: Compare: 1998 No 114 s 320
p.000174:
...
p.000184: (5) The members of the Board of the Corporation who held office immediately before the commencement of
p.000184: this section hold office under this section for the
p.000184:
p.000184:
p.000185: 185
p.000185:
p.000185:
p.000185:
p.000185:
p.000185: Part 7 s 268 Accident Compensation Act 2001
p.000185: Reprinted as at 1 April 2019
p.000185:
p.000185: remainder of the terms for which they were appointed as members of the Board under the Accident Insurance Act 1998.
p.000185: (6) The Chairperson and Deputy Chairperson of the Corporation are the persons who held those positions
p.000185: under the Accident Insurance Act 1998 immediately before the commencement of this section.
p.000185: Compare: 1998 No 114 s 336
p.000185: Section 267(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000185: No 115).
p.000185: Section 267(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000185: (2004 No 115).
p.000185: Section 267(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000185: No 115).
p.000185: Section 267(4): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000185: No 115).
p.000185:
p.000185: 268 Protection of names “Accident Compensation Corporation” and “Accident Rehabilitation and Compensation Insurance
p.000185: Corporation”
p.000185: (1) No company or other body may be incorporated or registered under a name that contains the words
p.000185: “Accident Compensation Corporation” or “Accident Rehabilitation and Compensation Insurance Corporation” or
p.000185: under any other name that, in the opinion of the Registrar of Companies, or the appropriate registering
p.000185: authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981, so resembles such
p.000185: a name as to be likely to deceive.
p.000185: (2) This section does not apply to the Corporation or to any person who is author- ised by the Corporation.
p.000185: Compare: 1998 No 114 s 337(1), (2)
p.000185:
p.000185: Provisions relating to accountability of Corporation
p.000185: 269 Further provisions applying to Corporation
p.000185: The provisions set out in Schedule 5 apply in relation to the Corporation (but, unless specified, not any Crown entity
p.000185: subsidiary of the Corporation).
p.000185: Compare: 1998 No 114 s 338
p.000185: Section 269: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000185: No 115).
p.000185:
p.000185: 270 Corporation to comply with Government policy
p.000185: [Repealed]
p.000185: Section 270: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000185: No 115).
p.000185:
p.000185: 271 Service agreements between Corporation and Minister
p.000185: (1) In this section, year means a period of 12 months commencing on 1 July in any year and ending with the close
p.000185: of 30 June in the next year.
p.000185:
p.000186: 186
p.000186:
p.000186:
p.000186: Reprinted as at
p.000186: 1 April 2019 Accident Compensation Act 2001
p.000186: Part 7 s 271
p.000186:
p.000186: (2) Once a year, the Minister must require the Corporation to enter into with the Minister a service agreement
p.000186: concerning the quality and quantity of services to be purchased or provided by the Corporation (including
...
p.000252: (2) Sections 117 to 123 of the Accident Insurance Act 1998 continue to apply to the payment of an independence
p.000252: allowance.
p.000252: Compare: 1998 No 114 s 450
p.000252:
p.000252:
p.000252:
p.000252:
p.000252:
p.000252:
p.000252:
p.000252:
p.000252:
p.000253: 253
p.000253:
p.000253:
p.000253:
p.000253:
p.000253: Part 11 s 390 Accident Compensation Act 2001
p.000253: Reprinted as at 1 April 2019
p.000253:
p.000253: Revision of decisions under former Acts
p.000253: 390 Corporation may revise decisions
p.000253: (1) The Corporation may revise any decision specified in subsection (2) if it appears to the
p.000253: Corporation that the decision was made in error, whatever the reason for the error.
p.000253: (2) The decisions are the following decisions made before the commencement of this Act:
p.000253: (a) decisions made by the Corporation (including decisions about pre- miums):
p.000253: (b) decisions not made by the Corporation, but made in respect of claims that the Corporation is
p.000253: responsible for managing.
p.000253: (3) In revising a decision, the Corporation must apply the Act that applied at the time when the decision being
p.000253: revised was made.
p.000253: (4) The Corporation may revise a decision that, by operation of section 66(1) of the Accident Insurance Act 1998,
p.000253: it has accepted a claim.
p.000253: (5) However, if the Corporation issues a decision in reliance on subsection (4), the Corporation may not recover
p.000253: from the claimant any payments made by it, in respect of the claim, before the date of the revision unless the claimant
p.000253: made statements or provided information that are, in the opinion of the Corporation, fraudulent or intentionally
p.000253: misleading.
p.000253: (6) A revision may—
p.000253: (a) amend the original decision; or
p.000253: (b) revoke the original decision and substitute a new decision.
p.000253: (7) Every amendment to a decision, and every substituted decision, is a fresh deci- sion.
p.000253: (8) Part 5 applies to every fresh decision made under this section.
p.000253: Compare: 1998 No 114 s 452
p.000253:
p.000253: Review and appeals
p.000253: 391 Review and appeal proceedings for decisions under former Acts
p.000253: (1) Part 9 of the Accident Compensation Act 1982 continues in force in order to apply to any decision made by the
p.000253: Corporation—
p.000253: (a) under the Accident Compensation Act 1972 or the Accident Compensa- tion Act 1982; or
p.000253: (b) under either of those Acts, as applied by section 453 of the Accident Insurance Act 1998 or as
p.000253: applied by this Act.
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000254: 254
p.000254:
p.000254:
p.000254: Reprinted as at
p.000254: 1 April 2019 Accident Compensation Act 2001
p.000254: Part 11 s 392
p.000254:
p.000254: (2) Part 6 of the Accident Rehabilitation and Compensation Insurance Act 1992 continues in force in
p.000254: order to apply to an application for a review or an appeal about a decision made by the Corporation, if—
p.000254: (a) the application was made or the appeal was filed before 1 July 1999; and
p.000254: (b) subsection (1) does not apply.
p.000254: (3) Part 6 of the Accident Insurance Act 1998 continues in force in order to apply to an application for review or
p.000254: an appeal about a decision made by the Corpor- ation, if—
p.000254: (a) the application was made or the appeal was filed before 1 April 2002; and
...
p.000266:
p.000266: 5 Corporation may require claimant to supply information about treatment
p.000266: (1) This clause applies to a claimant—
p.000266: (a) who seeks the Corporation’s prior agreement to treatment under clause 4(1):
p.000266: (b) who seeks payment for treatment for which the Corporation’s prior agreement under clause 4(2) is not
p.000266: required.
p.000266: (2) The Corporation may decline to pay the cost of a claimant’s treatment, unless the claimant supplies to the
p.000266: Corporation such information about the claimant’s personal injury and treatment as the Corporation requests.
p.000266: (3) For the purposes of subclause (2), the Corporation may request information about—
p.000266: (a) the personal injury suffered by the claimant:
p.000266: (b) the treatment sought or received by the claimant:
p.000266: (c) the date on which the claimant received or proposes to receive the treat- ment:
p.000266: (d) the nature of the treatment:
p.000266: (e) the identity and qualifications of the treatment provider:
p.000266: (f) the location and assessment (if any) of the place where the treatment has been or will be provided.
p.000266: (4) Subclause (3) does not limit subclause (2).
p.000266: 6 When Corporation must not decline to pay cost of treatment
p.000266: (1) The Corporation must not decline to pay the cost of a claimant’s treatment because—
p.000266: (a) the claimant has not paid or refuses to pay any part of the treatment pro- vider’s fee that is a part that the
p.000266: Corporation is liable to pay:
p.000266: (b) the claimant has not agreed to get the treatment from a particular treat- ment provider, unless the treatment
p.000266: is an assessment required by this Act or a second opinion.
p.000266: (2) To assist a claimant in choosing a treatment provider, the Corporation may advise the claimant that
p.000266: treatment from a named treatment provider will result in the claimant contributing less or nothing to the cost of
p.000266: treatment.
p.000266:
p.000267: 267
p.000267:
p.000267:
p.000267:
p.000267:
p.000267: Schedule 1 Accident Compensation Act 2001
p.000267: Reprinted as at 1 April 2019
p.000267:
p.000267: (3) Subclause (2) applies subject to subclause (1)(b).
p.000267: Compare: 1998 No 114 Schedule 1 cl 4
p.000267:
p.000267: Individual rehabilitation plans
p.000267: 7 Preparation of individual rehabilitation plan
p.000267: (1) The Corporation must provide information to the claimant about—
p.000267: (a) the rehabilitation to which the claimant may be entitled; and
p.000267: (b) the plan development process; and
p.000267: (c) the claimant’s right to have a representative involved in the preparation of the plan; and
p.000267: (d) in relation to a plan that will include vocational rehabilitation, the Cor- poration’s right to require the
p.000267: claimant to undergo an assessment of his or her vocational independence at the completion of the vocational
p.000267: rehabilitation, and the potential consequences of such an assessment; and
p.000267: (e) the consequences of the claimant’s agreeing to the plan.
p.000267: (2) The Corporation may engage a suitably qualified person or organisation to—
p.000267: (a) assist in the assessment and preparation and costing of a plan; and
p.000267: (b) provide a link between the claimant and the services identified in the plan.
p.000267: (3) The following persons must be given an opportunity to participate in the prep- aration and costing of the plan
...
p.000282: (a) information provided to the assessor by the Corporation; and
p.000282:
p.000283: 283
p.000283:
p.000283:
p.000283:
p.000283:
p.000283: Schedule 1 Accident Compensation Act 2001
p.000283: Reprinted as at 1 April 2019
p.000283:
p.000283: (b) any individual rehabilitation plan for the claimant; and
p.000283: (c) any of the following medical reports provided to the assessor:
p.000283: (i) medical reports requested by the Corporation before the individual rehabilitation plan was prepared:
p.000283: (ii) medical reports received during the claimant’s rehabilitation; and
p.000283: (d) the report of the occupational assessor under clause 26; and
p.000283: (e) the medical assessor’s clinical examination of the claimant; and
p.000283: (f) any other information or comments that the claimant requests the med- ical assessor to take into account and
p.000283: that the medical assessor decides are relevant.
p.000283: (2) The Corporation must provide to a medical assessor all information the Corpor- ation has that is relevant to a
p.000283: medical assessment.
p.000283: Compare: 1998 No 114 s 99
p.000283:
p.000283: 29 Report on medical assessment
p.000283: (1) The medical assessor must prepare and provide to the Corporation a report on the medical assessment
p.000283: specifying—
p.000283: (a) relevant details about the claimant, including details of the claimant’s injury; and
p.000283: (b) relevant details about the clinical examination of the claimant under- taken by the assessor,
p.000283: including the methods used and the assessor’s findings from the examination; and
p.000283: (c) the results of any additional assessments of the claimant’s condition; and
p.000283: (d) the assessor’s opinion of the claimant’s vocational independence in rela- tion to each of the types of work
p.000283: identified in the occupational assessor’s report; and
p.000283: (e) any comments made by the claimant to the assessor relating to the claim- ant’s injury and vocational
p.000283: independence in relation to each of the types of work identified in the occupational assessor’s report.
p.000283: (2) The report must also identify any conditions that—
p.000283: (a) prevent the claimant from having vocational independence; and
p.000283: (b) are not related to the claimant’s injury.
p.000283: (3) The Corporation must provide a copy of the report to the claimant.
p.000283: Compare: 1998 No 114 s 100
p.000283:
p.000283:
p.000283:
p.000283:
p.000283:
p.000283:
p.000283:
p.000283:
p.000284: 284
p.000284:
p.000284:
p.000284: Reprinted as at
p.000284: 1 April 2019 Accident Compensation Act 2001
p.000284: Schedule 1
p.000284:
p.000284: Part 2 Weekly compensation
p.000284: 30 Meaning of relevant year
p.000284: (1) In this Part, relevant year means the most recent tax year (as defined in section YA 1 of the Income Tax Act
p.000284: 2007) last ended before the commencement of the period of incapacity.
p.000284: (2) However, in the case of a self-employed person or a shareholder-employee, the relevant year is the most
p.000284: recent year ending with the balance date (whether
p.000284: 31 March or another date) of the self-employed person or shareholder- employee before the commencement of the
p.000284: period of incapacity.
p.000284: Compare: 1998 No 114 Schedule 1 cl 5
p.000284: Schedule 1 clause 30(1): amended, on 1 April 2008 (effective for 2008–09 income year and later income
...
p.000285: has cover.
p.000285: (3) The weekly compensation payable is 80% of the claimant’s weekly earnings, as calculated under clauses 33 to 45
p.000285: and 48.
p.000285: (4) Subclause (3) is subject to clauses 46, 51, 52, and 53.
p.000285: (5) The amount of weekly compensation payable to the claimant must be adjusted in the manner provided in section
p.000285: 115.
p.000285: (6) In this clause, earner includes a person who has purchased weekly compensa- tion under section 223.
p.000285: Compare: 1998 No 114 Schedule 1 cl 7
p.000285:
p.000285: Employee in permanent employment
p.000285: Heading: amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000285:
p.000285: 33 Weekly earnings if earner had earnings as employee immediately before incapacity commenced: application of
p.000285: clause 34
p.000285: (1) Clause 34 applies to a claimant who—
p.000285: (a) was an earner immediately before his or her incapacity commenced; and
p.000285: (b) was in permanent employment at that time; and
p.000285: (c) had earnings as an employee from that permanent employment at that time.
p.000285: (2) If the claimant had permanent employment with more than 1 employer at that time, the weekly earnings of the
p.000285: claimant, in respect of each employer he or she had at that time, are as calculated separately under clause 34 and
p.000285: aggrega- ted under clause 41.
p.000285: (3) For the purposes of this clause and clause 34, the claimant is regarded as hav- ing been in permanent
p.000285: employment if, in the opinion of the Corporation, he or she would have continued to receive earnings from that
p.000285: employment for a con- tinuous period of more than 12 months after the date on which his or her incap- acity commenced,
p.000285: if he or she had not suffered the personal injury.
p.000285: (4) Subclause (5) applies if—
p.000285: (a) the claimant was in permanent employment (that was full-time employ- ment) as an employee immediately
p.000285: before his or her incapacity com- menced; and
p.000285: (b) before the employment, the claimant was employed by the same employer for less than 30 hours
p.000285: per week.
p.000285: (5) The weekly earnings of the claimant is the greater of—
p.000285: (a) the claimant’s weekly earnings calculated in accordance with clause 34:
p.000285:
p.000285:
p.000285:
p.000285:
p.000286: 286
p.000286:
p.000286:
p.000286: Reprinted as at
p.000286: 1 April 2019 Accident Compensation Act 2001
p.000286: Schedule 1
p.000286:
p.000286: (b) the claimant’s weekly earnings calculated in accordance with clause 36, as if the claimant were not in
p.000286: permanent employment immediately before his or her incapacity commenced.
p.000286: Schedule 1 clause 33: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000286: Amendment Act 2010 (2010 No 1).
p.000286:
p.000286: 34 Weekly earnings if earner had earnings as an employee in permanent employment immediately before incapacity
p.000286: commenced: calculations
p.000286: (1) This subclause applies to each of the 4 weeks after the first week of incapacity. The claimant’s weekly
...
p.000286: employee.
p.000286: (3) For the purposes of this clause the following must be disregarded in calculating weekly earnings:
p.000286: (a) any period during which the claimant was entitled to weekly compensa- tion; and
p.000286: (b) any earnings in respect of any such period.
p.000286: Compare: 1998 No 114 Schedule 1 cl 9
p.000286: Schedule 1 clause 34 heading: amended, on 1 July 2010, by section 47(1) of the Accident Compensa- tion Amendment Act
p.000286: 2010 (2010 No 1).
p.000286: Schedule 1 clause 34(1) item a: amended, on 1 July 2010, by section 47(1) of the Accident Compen- sation Amendment Act
p.000286: 2010 (2010 No 1).
p.000286: Schedule 1 clause 34(2) item a: amended, on 1 July 2010, by section 47(1) of the Accident Compen- sation Amendment Act
p.000286: 2010 (2010 No 1).
p.000286:
p.000286:
p.000286:
p.000287: 287
p.000287:
p.000287:
p.000287:
p.000287:
p.000287: Schedule 1 Accident Compensation Act 2001
p.000287: Reprinted as at 1 April 2019
p.000287:
p.000287: Employee not in permanent employment
p.000287: 35 Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity
p.000287: commenced: application of clause 36
p.000287: (1) Clause 36 applies to a claimant who—
p.000287: (a) was an earner immediately before his or her incapacity commenced; and
p.000287: (b) had at that time earnings as an employee (from employment that was not permanent employment).
p.000287: (2) For the purposes of this clause and clause 36, employment is not permanent employment if, in the
p.000287: opinion of the Corporation, the claimant would have not continued to receive earnings from that employment for a
p.000287: continuous period of more than 12 months after the date on which his or her incapacity commenced, if he or she had not
p.000287: suffered the personal injury.
p.000287: Schedule 1 clause 35: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000287: Amendment Act 2010 (2010 No 1).
p.000287:
p.000287: 36 Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity
p.000287: commenced: calculations
p.000287: (1) This subclause applies to each of the 4 weeks after the first week of incapacity. The claimant’s weekly
p.000287: earnings for each of the 4 weeks are calculated using the following formula:
p.000287: a ÷ b
p.000287: where—
p.000287: a is the claimant’s earnings as an employee (from all employment that was not permanent employment) in the
p.000287: 4 weeks immediately before his or her incapacity commenced
p.000287: b is the number of full or part weeks during which the claimant earned those earnings as an employee
p.000287: in the 4 weeks immediately before his or her incapacity commenced.
p.000287: (2) This subclause applies to any weekly period of incapacity after the 4 weeks described in
p.000287: subclause (1). The claimant’s weekly earnings for any such weekly period are calculated using the following
p.000287: formula:
p.000287: a ÷ b
p.000287: where—
...
General/Other / Dependent
Searching for indicator dependent:
(return to top)
p.000026: of practice permits the performance of nurse practitioner functions; and
p.000026: (b) holds a current practising certificate
p.000026: occupational therapist means a health practitioner who—
p.000026: (a) is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of
p.000026: the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy;
p.000026: and
p.000026: (b) holds a current practising certificate
p.000026: optometrist means a health practitioner who—
p.000026: (a) is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section
p.000026: 114(1)(a) of the Health Practition-
p.000026:
p.000026:
p.000027: 27
p.000027:
p.000027:
p.000027:
p.000027:
p.000027: Part 1 s 6 Accident Compensation Act 2001
p.000027: Reprinted as at 1 April 2019
p.000027:
p.000027: ers Competence Assurance Act 2003 as a practitioner of the profession of optometry; and
p.000027: (b) holds a current practising certificate
p.000027: ordinarily resident in New Zealand has the meaning set out in section 17
p.000027: osteopath means a health practitioner who—
p.000027: (a) is, or is deemed to be, registered with the Osteopathic Council estab- lished by section 114(4) of
p.000027: the Health Practitioners Competence Assur- ance Act 2003 as a practitioner of the profession of osteopathy; and
p.000027: (b) holds a current practising certificate
p.000027: other dependant means a person who has all the following characteristics immediately before a deceased
p.000027: claimant’s death:
p.000027: (a) because of his or her physical or mental condition, he or she is finan- cially dependent on the
p.000027: deceased claimant:
p.000027: (b) he or she is deriving average earnings per week of less than the min- imum weekly earnings as
p.000027: determined under clause 42(3) of Schedule 1:
p.000027: (c) he or she is not the deceased claimant’s spouse or partner:
p.000027: (d) he or she is not a child of the deceased claimant under 18 years
p.000027: outstanding claims liability, in relation to a particular date, means the present value of expected future payments in
p.000027: respect of claims under this Act or any of the former Acts, which claims are—
p.000027: (a) claims notified to, and accepted by, the Corporation before that date, in respect of which payments have not
p.000027: been fully made at that date; and
p.000027: (b) claims that relate to events that have already occurred, but that have not been notified to, or accepted by,
p.000027: the Corporation as at that date; and
p.000027: (c) claims of a type described in paragraph (a) or paragraph (b) that have been taken on by the
p.000027: Corporation, in accordance with section 7 of the Accident Insurance (Transitional Provisions) Act 2000, under an
p.000027: agree- ment with an insurer
p.000027: overpayment means an overpayment of the type described in section 248(1)(a)
p.000027: parental leave has the same meaning as in section 2(1) of the Parental Leave and Employment Protection Act 1987
p.000027: partner, in the phrase “spouse or partner” and in related contexts, has the meaning set out in section
p.000027: 18A(1) to (3); and, in relation to a deceased claim- ant, has the meaning set out in section 18A(4) to (6)
p.000027: PAYE income payment has the same meaning as in section RD 3(1) of the Income Tax Act 2007
...
p.000039: Section 12 heading: amended, on 3 March 2010, by section 7(1) of the Accident Compensation Amendment Act
p.000039: 2010 (2010 No 1).
p.000039: Section 12 heading: amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilita- tion, and
p.000039: Compensation Amendment Act 2007 (2007 No 8).
p.000039: Section 12: amended, on 3 March 2010, by section 7(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000039: Section 12: amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000039: Amendment Act 2007 (2007 No 8).
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000040: 40
p.000040:
p.000040:
p.000040: Reprinted as at
p.000040: 1 April 2019 Accident Compensation Act 2001
p.000040: Part 1 s 15
p.000040:
p.000040: 13 Earnings of private domestic workers
p.000040: The Corporation must treat the earnings of a private domestic worker as earn- ings as an employee.
p.000040: Section 13: substituted, on 1 July 2005, by section 5 of the Injury Prevention, Rehabilitation, and
p.000040: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000040:
p.000040: 14 Earnings as a self-employed person
p.000040: (1) Earnings as a self-employed person, in relation to any person and any tax year,—
p.000040: (a) means A minus B, A being the amount described in subsection (2) and B being the amount described in subsection
p.000040: (3); and
p.000040: (b) does not include any earnings as an employee or earnings as a share- holder-employee.
p.000040: (2) A is the amount of income (if any)—
p.000040: (a) that the person derives in the tax year for the purposes of the Income Tax Act 2007; and
p.000040: (b) that is dependent on the person’s personal exertions.
p.000040: (3) B is all amounts that the person is allowed as deductions for the purposes of the Income Tax Act 2007 because
p.000040: of the person deriving the income described in subsection (2).
p.000040: Compare: 1998 No 114 s 20
p.000040: Section 14(1): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context
p.000040: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000040: Section 14(2): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context
p.000040: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000040: Section 14(2)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years,
p.000040: except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000040: Section 14(2)(a): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except
p.000040: when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000040: Section 14(3): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the
p.000040: context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000040: Section 14(3): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context
p.000040: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000040:
p.000040: 15 Earnings as a shareholder-employee
p.000040: (1) Earnings as a shareholder-employee, in relation to a person who is a share- holder-employee and any tax year,
p.000040: means—
p.000040: (a) the amount described in subsection (2) (the subsection (2) amount); or
...
p.000295: (i) in the category of earners liable to pay the minimum levy set in regulations made for the purposes of section
p.000295: 168B; or
p.000295:
p.000296: 296
p.000296:
p.000296:
p.000296: Reprinted as at
p.000296: 1 April 2019 Accident Compensation Act 2001
p.000296: Schedule 1
p.000296:
p.000296: (ii) an earner in full-time employment; and
p.000296: (b) had weekly earnings calculated under clause 41 or, if that clause does not apply, under any of
p.000296: clauses 34, 36, 38, or 39 of less than the min- imum weekly earnings as determined under subclause (3); and
p.000296: (c) is incapacitated for more than 5 weeks after the incapacity first com- menced.
p.000296: (2) For the purpose of calculating weekly compensation for loss of earnings pay- able to the claimant for any
p.000296: period after the 5-week period, the claimant is deemed to have had, immediately before his or her incapacity
p.000296: commenced, the minimum weekly earnings as determined under subclause (3).
p.000296: (3) The minimum weekly earnings are—
p.000296: (a) for a person under 18 years of age, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person under the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (b) for a person 18 years of age or over, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person over the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (4) [Repealed]
p.000296: (5) [Repealed]
p.000296: (6) [Repealed]
p.000296: (7) Subclause (2) does not apply to any period unless the Corporation is satisfied that, but for the incapacity,
p.000296: the claimant would have been an earner in full-time employment during that period.
p.000296: (8) Subclause (2) does not apply if the claimant has an entitlement under any other provision of this schedule to
p.000296: weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.
p.000296:
p.000296:
p.000296:
p.000297: 297
p.000297:
p.000297:
p.000297:
p.000297:
p.000297: Schedule 1 Accident Compensation Act 2001
p.000297: Reprinted as at 1 April 2019
p.000297:
p.000297: (9) Nothing in this clause is affected by the claimant’s entitlement to any weekly compensation under any of
p.000297: clauses 66, 70, and 71.
p.000297: Compare: 1998 No 114 Schedule 1 cl 18
p.000297: Schedule 1 clause 42(1)(a)(i): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and
p.000297: Compensation Amendment Act 2007 (2007 No 8).
p.000297: Schedule 1 clause 42(1)(b): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000297: (2010 No 1).
p.000297: Schedule 1 clause 42(1)(c): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000297: (2010 No 1).
p.000297: Schedule 1 clause 42(2): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
...
p.000305: Schedule 1 clause 51(1): repealed, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000305: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000305: Schedule 1 clause 51(2): amended, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000305: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000305: Schedule 1 clause 51(3): repealed, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000305: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000305:
p.000305: Effect of New Zealand superannuation
p.000305: 52 Relationship between weekly compensation and New Zealand superannuation
p.000305: (1) Subclause (2) applies to a claimant who—
p.000305: (a) first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification
p.000305: age; and
p.000305: (b) has been entitled to it for 24 months or longer before reaching that age.
p.000305: (2) Such a claimant loses his or her entitlement to weekly compensation on reach- ing that age.
p.000305: (3) Subclauses (4) and (5) apply to a claimant who first becomes entitled to weekly compensation 12 months or
p.000305: more, but less than 24 months, before reaching New Zealand superannuation qualification age.
p.000305: (4) Such a claimant is entitled to weekly compensation for 24 months from the date of entitlement to
p.000305: the compensation.
p.000305: (5) However, the claimant’s entitlement to the compensation is dependent on his or her making an election to be
p.000305: entitled, after reaching New Zealand superannu- ation qualification age, to the compensation, rather than to New
p.000305: Zealand super- annuation.
p.000305: (6) Subclauses (7) and (8) apply to a claimant who first becomes entitled to weekly compensation—
p.000305: (a) within 12 months before reaching New Zealand superannuation qualifi- cation age; or
p.000305: (b) on or after reaching New Zealand superannuation qualification age.
p.000305: (7) Such a claimant is entitled to the weekly compensation for a period of 12 months following the
p.000305: later of—
p.000305: (a) the date of reaching New Zealand superannuation qualification age; or
p.000305: (b) the date of entitlement to weekly compensation.
p.000305:
p.000305:
p.000305:
p.000305:
p.000306: 306
p.000306:
p.000306:
p.000306: Reprinted as at
p.000306: 1 April 2019 Accident Compensation Act 2001
p.000306: Schedule 1
p.000306:
p.000306: (8) The claimant is then entitled to the weekly compensation for the next 12 months, if he or she
p.000306: makes an election to be entitled, during those 12 months, to the compensation, rather than to New Zealand
p.000306: superannuation.
p.000306: (9) Nothing in this clause entitles a claimant to weekly compensation if he or she is not otherwise entitled to it
p.000306: under this schedule.
p.000306: Compare: 1998 No 114 Schedule 1 cl 25
p.000306: Schedule 1 clause 52(1)(a): amended, on 1 July 2005, by section 60(1) of the Injury Prevention,
...
p.000314: certificate from a medical practitioner indicating that the claimant’s permanent impairment is likely to have
p.000314: increased since the date of assessment.
p.000314: (5) Subclause (4) is subject to subclauses (6) and (7).
p.000314: (6) A certificate provided under subclause (4) in respect of personal injury that is mental injury must be
p.000314: provided by a medical practitioner who is suitably quali- fied (to the Corporation’s satisfaction) to assess mental
p.000314: injury.
p.000314: (7) A claimant is not entitled to more than 1 reassessment under subclause (4) in any 12-month period.
p.000314: Schedule 1 clause 61(4): amended, on 18 September 2004, by section 175(1) of the Health Practition-
p.000314: ers Competence Assurance Act 2003 (2003 No 48).
p.000314: Schedule 1 clause 61(6): amended, on 18 September 2004, by section 175(1) of the Health Practition-
p.000314: ers Competence Assurance Act 2003 (2003 No 48).
p.000314:
p.000314: 62 Payment of entitlement to lump sum compensation to deceased claimant’s estate
p.000314: If a claimant dies after the completion of the assessment of the degree of per- manent impairment but before
p.000314: payment of the lump sum, the Corporation is liable to pay the lump sum to the deceased claimant’s estate.
p.000314:
p.000314: Part 4
p.000314: Entitlements arising from fatal injuries
p.000314: 63 Child not born at date of claimant’s death
p.000314: For the purposes of this Part, any child of the claimant who is born within 12 months after the claimant’s death is
p.000314: deemed to be—
p.000314: (a) dependent on the claimant at the date of the claimant’s death; and
p.000314: (b) under the care of the surviving parent of the child on that date.
p.000314: Compare: 1998 No 114 Schedule 1 cl 64
p.000314:
p.000314: 64 Funeral grant
p.000314: (1) The Corporation is liable to pay to a deceased claimant’s estate a funeral grant of the lesser of—
p.000314: (a) the actual costs of the funeral; or (b) $4,500.
p.000314: (2) Adjustments to the amount specified in subclause (1) must be made in the man- ner provided in section 116.
p.000314: Compare: 1998 No 114 Schedule 1 cl 65
p.000314:
p.000314:
p.000315: 315
p.000315:
p.000315:
p.000315:
p.000315:
p.000315: Schedule 1 Accident Compensation Act 2001
p.000315: Reprinted as at 1 April 2019
p.000315:
p.000315: 65 Survivor’s grant
p.000315: (1) The Corporation is liable to pay a survivor’s grant for a deceased claimant as follows:
p.000315: (a) to a surviving spouse or partner of the claimant, $4,702.79 but, if there is more than 1 surviving spouse
p.000315: or partner, the Corporation must divide that amount equally between them:
p.000315: (b) to each child of the claimant who has not yet turned 18 years, $2,351.40:
p.000315: (c) to any other dependant of the claimant, $2,351.40.
p.000315: (2) Adjustments to the amounts specified in subclause (1) must be made in the manner provided in
p.000315: section 116.
p.000315: Compare: 1998 No 114 Schedule 1 cl 66
p.000315: Schedule 1 clause 65(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000315: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000315:
...
p.000319: than the minimum weekly earnings as determined under clause 42(3):
p.000319:
p.000319:
p.000320: 320
p.000320:
p.000320:
p.000320: Reprinted as at
p.000320: 1 April 2019 Accident Compensation Act 2001
p.000320: Schedule 1
p.000320:
p.000320: (b) if clause 72 applies to the other dependant, the event occurs under that clause that ends the other
p.000320: dependant’s entitlement to weekly compensa- tion.
p.000320: Compare: 1998 No 114 Schedule 1 cl 71
p.000320:
p.000320: 72 Relationship between other dependant’s weekly compensation and New Zealand superannuation
p.000320: (1) Subclause (2) applies to any other dependant who—
p.000320: (a) is entitled to weekly compensation immediately before reaching New Zealand superannuation
p.000320: qualification age; and
p.000320: (b) has been entitled to it for 24 months or longer before reaching that age.
p.000320: (2) Such a dependant loses his or her entitlement to weekly compensation on reaching that age.
p.000320: (3) Subclauses (4) and (5) apply to any other dependant who becomes entitled to weekly compensation 12 months
p.000320: or more, but less than 24 months, before reaching New Zealand superannuation qualification age.
p.000320: (4) Such a dependant is entitled to weekly compensation for 24 months from the date of entitlement to the
p.000320: compensation.
p.000320: (5) However, the other dependant’s entitlement to the compensation is dependent on his or her making an election
p.000320: to be entitled to the compensation, rather than to New Zealand superannuation, after reaching New Zealand
p.000320: superannuation qualification age.
p.000320: (6) Subclauses (7) and (8) apply to any other dependant who becomes entitled to weekly compensation—
p.000320: (a) within 12 months before reaching New Zealand superannuation qualifi- cation age; or
p.000320: (b) on or after reaching New Zealand superannuation qualification age.
p.000320: (7) Such a dependant is entitled to the weekly compensation for a period of 12 months following the
p.000320: later of—
p.000320: (a) the date of reaching New Zealand superannuation qualification age; or
p.000320: (b) the date of entitlement to weekly compensation.
p.000320: (8) The other dependant is then entitled to the weekly compensation for the next 12 months, if he or she makes an
p.000320: election to be entitled to the compensation, rather than to New Zealand superannuation, for those next 12 months.
p.000320: (9) Nothing in this clause entitles any other dependant to weekly compensation if he or she is not otherwise
p.000320: entitled to it under this schedule.
p.000320: Compare: 1998 No 114 Schedule 1 cl 72
p.000320:
p.000320:
p.000320:
p.000320:
p.000320:
p.000321: 321
p.000321:
p.000321:
p.000321:
p.000321:
p.000321: Schedule 1 Accident Compensation Act 2001
p.000321: Reprinted as at 1 April 2019
p.000321:
p.000321: 73 Election for purposes of clause 72
...
p.000327: (Occupational Diseases) Order 2007 (SR 2007/402).
p.000327: Schedule 2 item 40: added, on 17 January 2008, by clause 4 of the Injury Prevention, Rehabilitation, and Compensation
p.000327: (Occupational Diseases) Order 2007 (SR 2007/402).
p.000327: Schedule 2 item 41: added, on 17 January 2008, by clause 4 of the Injury Prevention, Rehabilitation, and Compensation
p.000327: (Occupational Diseases) Order 2007 (SR 2007/402).
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000327:
p.000328: 328
p.000328:
p.000328:
p.000328: Reprinted as at
p.000328: 1 April 2019 Accident Compensation Act 2001
p.000328: Schedule 3
p.000328:
p.000328: Schedule 3
p.000328: Cover for mental injury caused by certain acts dealt with in Crimes Act 1961
p.000328: s 21(2)
p.000328: Section
p.000328: 124A Indecent communication with young person under 16 128B(1) Sexual violation
p.000328: 129(1) Attempted sexual violation
p.000328: 129(2) Assault with intent to commit sexual violation
p.000328: 129A(1) Inducing sexual connection by threat
p.000328: 129A(2) Inducing indecent act by threat
p.000328: 130 Incest
p.000328: 131(1) Sexual connection with dependent family member
p.000328: 131(2) Attempted sexual connection with dependent family member 131(3) Indecent
p.000328: act with dependent family member
p.000328: 131B Meeting young person following sexual grooming, etc 132(1) Sexual
p.000328: connection with child under 12
p.000328: 132(2) Attempted sexual connection with child under 12 132(3) Indecent act on
p.000328: child under 12
p.000328: 134(1) Sexual connection with young person under 16
p.000328: 134(2) Attempted sexual connection with young person under 16 134(3) Indecent
p.000328: act on young person under 16
p.000328: 135 Indecent assault
p.000328: 138(1) Exploitative sexual connection with person with significant impair- ment
p.000328: 138(2) Attempted exploitative sexual connection with person with significant impairment
p.000328: 138(4) Exploitative indecent act with person with significant impairment 142A
p.000328: Compelling indecent act with animal
p.000328: 194 Assault on a child, or by a male on a female. For the purposes of this schedule, section
p.000328: 194 of the Crimes Act 1961 must be regarded as relating only to situations where a female sexually
p.000328: assaults a child under 14 years old.
p.000328: 201 Infecting with disease
p.000328: 204A Female genital mutilation
...
General/Other / Incapacitated
Searching for indicator incapacitated:
(return to top)
p.000089: reasonable requirements as to the production of evidence of the personal injury such as, for example, the
p.000089: production of a certificate by a registered health professional nominated and paid by the employer.
p.000089: (3) An employer who fails to comply with subsection (1) commits an offence.
p.000089: Compare: 1998 No 114 s 77
p.000089:
p.000089: 99 First week compensation is salary or wages for certain purposes
p.000089: First week compensation is salary or wages payable to the employee for the purposes of—
p.000089: (a) section 131 of the Employment Relations Act 2000:
p.000089: (b) the Income Tax Act 2007:
p.000089: (c) the Tax Administration Act 1994:
p.000089: (d) this Act:
p.000089: (e) the laws relating to insolvency, receivership, and the liquidation of com- panies.
p.000089: Compare: 1998 No 114 s 78
p.000089: Section 99(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the
p.000089: context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000090: 90
p.000090:
p.000090:
p.000090: Reprinted as at
p.000090: 1 April 2019 Accident Compensation Act 2001
p.000090: Part 4 s 100
p.000090:
p.000090: Weekly compensation
p.000090: 100 Entitlement to weekly compensation depends on claimant’s incapacity for employment and vocational independence
p.000090: (1) A claimant who has cover and who lodges a claim for weekly compensation—
p.000090: (a) is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning
p.000090: of section 103(2) and the claimant is eligible under clause 32, 44, or 44A of Schedule 1 for weekly compensa- tion:
p.000090: (b) is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning
p.000090: of section 103(2) and the claimant is eligible under section 210 for weekly compensation:
p.000090: (c) is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning
p.000090: of section 105(2) and if the claimant is eligible under section 224 or clause 43 of Schedule 1 for weekly com-
p.000090: pensation:
p.000090: (d) is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning
p.000090: of section 105(2) and if the claimant is eligible under clause 47 of Schedule 1 for weekly compensation.
p.000090: (1A) If a claimant is eligible for weekly compensation under clause 44A of Schedule 1 because of the operation of
p.000090: clause 43 of that schedule, the Corporation must determine whether the claimant is incapacitated within the meaning of
p.000090: section 105(2).
p.000090: (2) While a claimant is receiving weekly compensation,—
p.000090: (a) section 103 or section 105, as the case may be, continues to apply to the claimant; and
p.000090: (b) the Corporation may from time to time determine the claimant’s incap- acity under section 103 or section 105,
p.000090: as the case may require; and
p.000090: (c) section 107 also applies to the claimant; and
p.000090: (d) the Corporation may from time to time determine the claimant’s voca- tional independence under section 107.
p.000090: (3) The claimant may lose his or her entitlement to weekly compensation through the operation of sections 103 to
p.000090: 112.
p.000090: Compare: 1998 No 114 s 82
p.000090: Section 100(1)(a): amended, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016 (2016
p.000090: No 96).
p.000090: Section 100(1A): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016 (2016
p.000090: No 96).
p.000090:
p.000090:
p.000090:
p.000090:
p.000090:
p.000090:
p.000091: 91
p.000091:
p.000091:
p.000091:
p.000091:
p.000091: Part 4 s 101 Accident Compensation Act 2001
p.000091: Reprinted as at 1 April 2019
p.000091:
p.000091: 101 Procedures for determining incapacity for employment and vocational independence
p.000091: (1) When the Corporation is required or allowed by this Act to determine a claim- ant’s incapacity for
p.000091: employment, it must do so under section 103 or section 105.
...
p.000091: (b) may obtain any professional, technical, specialised, or other advice from any person it considers appropriate.
p.000091: Compare: 1998 No 114 s 84
p.000091: Section 102(2)(a): amended, on 1 August 2008, by section 18 of the Injury Prevention, Rehabilita- tion, and
p.000091: Compensation Amendment Act 2008 (2008 No 46).
p.000091: Section 102(2)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence
p.000091: Assurance Act 2003 (2003 No 48).
p.000091:
p.000091: 103 Corporation to determine incapacity of claimant who, at time of personal injury, was earner, on unpaid parental
p.000091: leave, or recuperating organ donor
p.000091: (1) The Corporation must determine under this section the incapacity of—
p.000091: (a) a claimant who was an earner at the time he or she suffered the personal injury:
p.000091: (b) a claimant who was on unpaid parental leave at the time he or she suf- fered the personal injury:
p.000091: (c) a claimant who was within a payment period under the Compensation for Live Organ Donors Act 2016 at
p.000091: the time he or she suffered the per- sonal injury.
p.000091: (2) The question that the Corporation must determine is whether the claimant is unable, because of
p.000091: his or her personal injury, to engage in employment in which he or she was employed when he or she suffered
p.000091: the personal injury.
p.000091: (3) If the answer under subsection (2) is that the claimant is unable to engage in such employment, the claimant
p.000091: is incapacitated for employment.
p.000091:
p.000091:
p.000091:
p.000092: 92
p.000092:
p.000092:
p.000092: Reprinted as at
p.000092: 1 April 2019 Accident Compensation Act 2001
p.000092: Part 4 s 105
p.000092:
p.000092: (4) The references in subsections (1) and (2) to a personal injury are references to a personal injury for which
p.000092: the person has cover under this Act.
p.000092: (5) Subsection (4) is for the avoidance of doubt.
p.000092: Compare: 1998 No 114 s 85
p.000092: Section 103 heading: amended, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016
p.000092: (2016 No 96).
p.000092: Section 103 heading: amended, on 11 May 2005, by section 21(1) of the Injury Prevention, Rehabili- tation, and
p.000092: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000092: Section 103(1)(c): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016 (2016
p.000092: No 96).
p.000092: Section 103(4): added, on 11 May 2005, by section 21(2) of the Injury Prevention, Rehabilitation, and Compensation
p.000092: Amendment Act (No 2) 2005 (2005 No 45).
p.000092: Section 103(5): added, on 11 May 2005, by section 21(2) of the Injury Prevention, Rehabilitation, and Compensation
p.000092: Amendment Act (No 2) 2005 (2005 No 45).
p.000092:
p.000092: 104 Effect of determination under section 103 on entitlement to weekly compensation
p.000092: If the Corporation determines under section 103(2) that the claimant is not incapacitated for employment—
p.000092: (a) a claimant who is receiving weekly compensation for loss of earnings from employment—
p.000092: (i) loses that entitlement immediately; and
p.000092: (ii) cannot be subject to a determination under section 107 in respect of that incapacity:
p.000092: (b) a claimant who is not receiving weekly compensation for loss of earn- ings from employment is not entitled to
p.000092: begin receiving it.
p.000092: Compare: 1998 No 114 s 86
p.000092:
p.000092: 105 Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in
p.000092: employment, were potential earners, or had purchased weekly compensation under section 223
p.000092: (1) The Corporation must determine under this section the incapacity of a claimant who—
p.000092: (a) is deemed under clause 43 of Schedule 1 to continue to be an employee, a self-employed person, or a
p.000092: shareholder-employee, as the case may be; or
p.000092: (b) is a potential earner; or
p.000092: (c) has purchased the right to receive weekly compensation under section 223.
p.000092: (2) The question that the Corporation must determine is whether the claimant is unable, because of his
p.000092: or her personal injury, to engage in work for which he or
p.000092:
p.000092:
p.000092:
p.000093: 93
p.000093:
p.000093:
p.000093:
p.000093:
...
p.000148: [Repealed]
p.000148: Section 206C: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148: 207 Self-employed Work Account levy not payable on earnings over specified maximum
p.000148: [Repealed]
p.000148: Section 207: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000149: 149
p.000149:
p.000149:
p.000149:
p.000149:
p.000149: Part 6 s 208 Accident Compensation Act 2001
p.000149: Reprinted as at 1 April 2019
p.000149:
p.000149: Purchase of weekly compensation by self-employed persons
p.000149: 208 Purchase of weekly compensation by self-employed persons
p.000149: (1) A self-employed person may apply to purchase from the Corporation, in accordance with section 209,
p.000149: the right to receive weekly compensation provi- ded in an agreed manner for loss of earnings as a self-employed person
p.000149: for any personal injury for which the person has cover under this Act.
p.000149: (2) Subject to any regulations made under this Act, but otherwise without limita- tion, the agreement may include—
p.000149: (a) provision for the reduction, or progressive reduction, of the agreed level of weekly compensation in the
p.000149: circumstances set out in the agreement, which may include either or both of the following:
p.000149: (i) circumstances where the person is able to engage in some employ- ment:
p.000149: (ii) circumstances where the person continues to derive earnings while incapacitated:
p.000149: (b) entitlement to death benefits for the self-employed person’s spouse or partner, children, or other
p.000149: dependants if the person dies as a result of a personal injury:
p.000149: (c) weekly compensation payable for work-related personal injury only or payable for both work-related and
p.000149: non-work personal injury:
p.000149: (d) specified levels of weekly compensation for specified periods:
p.000149: (e) any combination of the provisions referred to in any of paragraphs (a) to (d).
p.000149: Compare: 1998 No 114 s 302A
p.000149: Section 208(2)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilita- tion, and
p.000149: Compensation Amendment Act 2005 (2005 No 12).
p.000149:
p.000149: 209 Procedure for reaching agreement
p.000149: (1) The Corporation must discuss with the self-employed person the options avail- able to the self-employed person
p.000149: and determine a level of weekly compensa- tion that fairly reflects the likely costs of incapacity for the
p.000149: self-employed per- son having regard to—
p.000149: (a) an estimate of the person’s income, net of business costs; and
p.000149: (b) an estimate of the cost of any required replacement labour; and
p.000149: (c) such other matters as may be relevant to the particular case.
p.000149: (2) The amount determined under subsection (1) must not be—
p.000149: (a) less than 80% of the amount of weekly earnings specified in clause 42(3) of Schedule 1; or
p.000149:
p.000149:
p.000149:
p.000149:
p.000150: 150
p.000150:
p.000150:
p.000150: Reprinted as at
p.000150: 1 April 2019 Accident Compensation Act 2001
p.000150: Part 6 s 210
...
p.000206: The Minister of Health acts on behalf of the Crown under sections 301 and 302.
p.000206:
p.000206: Joint purchasing arrangements
p.000206: 305 Joint purchasing arrangements for emergency transport services
p.000206: (1) The Corporation may enter into a contract, arrangement, or understanding with the Ministry of Health or a
p.000206: district health board to jointly purchase emergency transport services for the purposes of clause 3 of Schedule 1.
p.000206: (2) Nothing in Part 2 of the Commerce Act 1986, other than sections 36 and 36A, applies to—
p.000206: (a) a contract, arrangement, or understanding under this section; or
p.000206: (b) any act, matter, or thing done by any person for the purposes of entering into such a contract, arrangement,
p.000206: or understanding; or
p.000206: (c) any act, matter, or thing done by any person to give effect to such a con- tract, arrangement, or
p.000206: understanding.
p.000206: (3) Nothing in section 303 prevents a contract, arrangement, or understanding under this section.
p.000206: Special leave for non-work injuries
p.000206: 306 Sick leave may be used when employer not liable for first week compensation
p.000206: (1) If an employee suffers a personal injury that is not a work-related personal injury and is not
p.000206: a motor vehicle injury described in section 29(2), and the
p.000206:
p.000206:
p.000207: 207
p.000207:
p.000207:
p.000207:
p.000207:
p.000207: Part 9 s 307 Accident Compensation Act 2001
p.000207: Reprinted as at 1 April 2019
p.000207:
p.000207: employee is incapacitated, the employee may elect to take any unused sick leave entitlement that the
p.000207: employee may have under subpart 4 of Part 2 of the Holidays Act 2003 and use it in respect of an equivalent part of the
p.000207: first week of incapacity.
p.000207: (2) This section applies to avoid doubt.
p.000207: Section 306: substituted, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).
p.000207:
p.000207: General notification provision
p.000207: 307 How documents given or information notified
p.000207: (1) This section applies when—
p.000207: (a) this Act requires a document to be given to a person; or
p.000207: (b) this Act requires a person to be notified of any information, and referen- ces in this section to a
p.000207: document being given must be applied accord- ingly.
p.000207: (2) A document that this Act requires to be given to a person must be given by the method in subsection (3)
p.000207: that the person required to give the document con- siders is most likely to ensure that the document reaches
p.000207: the person.
p.000207: (3) The methods by which a document may be given are—
p.000207: (a) personally delivering it to the person; or
p.000207: (b) posting it to a usual address of the person; or
p.000207: (c) sending it to the person by fax or some other electronic means; or
p.000207: (d) providing it to the person in a manner approved by the person.
p.000207: (4) A document personally delivered under subsection (3)(a) must, if delivered to a corporate body, be
p.000207: delivered to the corporate body’s offices during working hours.
...
p.000242: (2) For the purpose of calculating weekly compensation for loss of earnings pay- able to the claimant, the
p.000242: claimant is deemed to have had, immediately before 1 April 2002, the minimum weekly earnings as determined, at the
p.000242: commence- ment of this Act, under clause 42(3) of Schedule 1.
p.000242: Section 366(1)(b): amended, on 1 August 2008, by section 31 of the Injury Prevention, Rehabilita- tion, and
p.000242: Compensation Amendment Act 2008 (2008 No 46).
p.000242:
p.000242: 367 Multiple employment
p.000242: (1) For the purposes of this section, weekly earnings means—
p.000242: (a) weekly earnings determined under the Accident Insurance Act 1998 or the Accident Rehabilitation and
p.000242: Compensation Insurance Act 1992; and
p.000242: (b) relevant earnings determined under the Accident Compensation Act 1972 or the Accident Compensation Act
p.000242: 1982.
p.000242: (2) The weekly compensation under section 365 must be recalculated in accord- ance with subsection (3)
p.000242: if—
p.000242: (a) the person’s weekly compensation is not based on weekly earnings from all employments in which he or she
p.000242: was engaged at the date of com- mencement of any period of incapacity for which he or she is receiving weekly
p.000242: compensation immediately before 1 April 2002; and
p.000242: (b) a period of incapacity commences on or after 1 April 2002 for 1 or more of the employments referred to in
p.000242: paragraph (a).
p.000242: (3) The weekly compensation must be recalculated—
p.000242: (a) by recalculating weekly earnings as if the person were incapacitated for all employments engaged in at
p.000242: the commencement of the period of incapacity referred to in subsection (2)(a); and
p.000242: (b) by applying the method of calculation provided for in whichever of the former Acts applied at the commencement
p.000242: of that period of incapacity; and
p.000242: (c) by multiplying the weekly earnings calculated under paragraph (a) by 80%.
p.000242: (4) The weekly compensation recalculated under subsection (3) must be adjusted in accordance with any Orders in
p.000242: Council and any regulations that apply since the weekly earnings were first calculated.
p.000242: (5) Weekly compensation recalculated under subsection (3) is payable only from the date of the commencement of the
p.000242: period of incapacity referred to in subsec- tion (2)(b).
p.000242: 368 Weekly payments for permanent incapacity under 1972 and 1982 Acts
p.000242: (1) Section 369 and clause 51 of Schedule 1 do not apply to any payment calcula- ted under section 114 of the
p.000242: Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982.
p.000242:
p.000242:
p.000243: 243
p.000243:
p.000243:
p.000243:
p.000243:
p.000243: Part 11 s 369 Accident Compensation Act 2001
p.000243: Reprinted as at 1 April 2019
p.000243:
p.000243: (2) Subsection (3) applies to a person who—
...
p.000295: Amendment Act 2010 (2010 No 1).
p.000295: Schedule 1 clause 41(1)(b): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000295: (2010 No 1).
p.000295: Schedule 1 clause 41(3): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000295: Amendment Act 2010 (2010 No 1).
p.000295: Schedule 1 clause 41(3)(b): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000295: (2010 No 1).
p.000295: Schedule 1 clause 41(5): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000295: Amendment Act 2010 (2010 No 1).
p.000295: Schedule 1 clause 41(6): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000295: Amendment Act 2010 (2010 No 1).
p.000295:
p.000295: Adjustments for low earners
p.000295: 42 Weekly earnings of earners in full-time employment: increase in certain circumstances
p.000295: (1) This clause applies to a claimant who—
p.000295: (a) was, immediately before his or her incapacity commenced,—
p.000295: (i) in the category of earners liable to pay the minimum levy set in regulations made for the purposes of section
p.000295: 168B; or
p.000295:
p.000296: 296
p.000296:
p.000296:
p.000296: Reprinted as at
p.000296: 1 April 2019 Accident Compensation Act 2001
p.000296: Schedule 1
p.000296:
p.000296: (ii) an earner in full-time employment; and
p.000296: (b) had weekly earnings calculated under clause 41 or, if that clause does not apply, under any of
p.000296: clauses 34, 36, 38, or 39 of less than the min- imum weekly earnings as determined under subclause (3); and
p.000296: (c) is incapacitated for more than 5 weeks after the incapacity first com- menced.
p.000296: (2) For the purpose of calculating weekly compensation for loss of earnings pay- able to the claimant for any
p.000296: period after the 5-week period, the claimant is deemed to have had, immediately before his or her incapacity
p.000296: commenced, the minimum weekly earnings as determined under subclause (3).
p.000296: (3) The minimum weekly earnings are—
p.000296: (a) for a person under 18 years of age, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person under the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (b) for a person 18 years of age or over, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
...
p.000302: (1) The Corporation is liable to pay weekly compensation for loss of potential earning capacity to a
p.000302: claimant who—
p.000302: (a) has an incapacity resulting from a personal injury; and
p.000302: (b) was a potential earner immediately before his or her incapacity com- menced; and
p.000302: (c) is 18 years or over; and
p.000302: (d) is not engaged in full-time study or training; and
p.000302: (e) does not have earnings in excess of the amount of minimum weekly earnings determined under clause
p.000302: 42(3).
p.000302: (1A) For the purposes of subclause (1)(d), full-time study or training—
p.000302: (a) includes any full-time course or training leading to an educational or vocational qualification
p.000302: approved by the New Zealand Qualifications Authority that would be likely to enhance the employment
p.000302: prospects, either generally or in respect of any particular profession or occupation, of a person who has attained that
p.000302: qualification; but
p.000302: (b) does not include full-time study or training in living or social skills.
p.000302: (2) The weekly compensation payable is 80% of the claimant’s weekly earnings calculated under this
p.000302: clause.
p.000302: (3) The weekly compensation is payable when the claimant has been incapacitated for at least 6 months.
p.000302: (4) For the purpose of calculating the claimant’s weekly compensation, the claim- ant’s weekly earnings are deemed
p.000302: to be the amount of weekly earnings deter- mined under clause 42(3).
p.000302: (5) This clause does not apply if the claimant has an entitlement under any other provision of this schedule to
p.000302: weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.
p.000302:
p.000302:
p.000303: 303
p.000303:
p.000303:
p.000303:
p.000303:
p.000303: Schedule 1 Accident Compensation Act 2001
p.000303: Reprinted as at 1 April 2019
p.000303:
p.000303: (6) A claimant does not have any entitlement to weekly compensation for loss of earnings, if he or she has an
p.000303: entitlement under this clause to weekly compensa- tion for loss of potential earning capacity that is greater than any
p.000303: entitlement he or she has to weekly compensation for loss of earnings under any other provi- sion of this schedule.
p.000303: (7) This clause is subject to clauses 49 to 53.
p.000303: Compare: 1998 No 114 Schedule 1 cl 22
p.000303: Schedule 1 clause 47(1A): inserted, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000303: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000303: Schedule 1 clause 47(4): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000303: Amendment Act 2010 (2010 No 1).
p.000303: Schedule 1 clause 47(4): amended, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000303: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000303:
p.000303: Further injury
p.000303: 48 Effect of further injury on entitlement to weekly compensation
...
p.000314:
p.000314:
p.000315: 315
p.000315:
p.000315:
p.000315:
p.000315:
p.000315: Schedule 1 Accident Compensation Act 2001
p.000315: Reprinted as at 1 April 2019
p.000315:
p.000315: 65 Survivor’s grant
p.000315: (1) The Corporation is liable to pay a survivor’s grant for a deceased claimant as follows:
p.000315: (a) to a surviving spouse or partner of the claimant, $4,702.79 but, if there is more than 1 surviving spouse
p.000315: or partner, the Corporation must divide that amount equally between them:
p.000315: (b) to each child of the claimant who has not yet turned 18 years, $2,351.40:
p.000315: (c) to any other dependant of the claimant, $2,351.40.
p.000315: (2) Adjustments to the amounts specified in subclause (1) must be made in the manner provided in
p.000315: section 116.
p.000315: Compare: 1998 No 114 Schedule 1 cl 66
p.000315: Schedule 1 clause 65(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000315: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000315:
p.000315: 66 Weekly compensation for surviving spouse or partner
p.000315: (1) The Corporation is liable to pay weekly compensation to a surviving spouse or partner of a deceased claimant.
p.000315: (2) Weekly compensation payable under this clause is payable from the date of the claimant’s death at the rate of
p.000315: 60% of—
p.000315: (a) the weekly compensation for loss of earnings to which the claimant would have been entitled at the
p.000315: end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
p.000315: (b) the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled
p.000315: at the end of 6 months of incap- acity, had he or she lived but been totally incapacitated.
p.000315: (3) Subclause (2) is subject to clause 74.
p.000315: (4) The Corporation must not cancel or suspend the surviving spouse’s or partner’s weekly compensation—
p.000315: (a) because the spouse or partner marries, enters into a civil union, or enters into a de facto relationship; or
p.000315: (b) [Repealed]
p.000315: (c) because of the age that the claimant would have reached if he or she had not died.
p.000315: (5) The surviving spouse or partner ceases to be entitled to weekly compensation on the latest of—
p.000315: (a) the end of 5 consecutive years from the date on which it first became payable:
p.000315: (b) the surviving spouse or partner ceasing to have the care of all of the chil- dren who are under the age of 18
p.000315: years:
p.000315:
p.000315:
p.000315:
p.000316: 316
p.000316:
p.000316:
p.000316: Reprinted as at
p.000316: 1 April 2019 Accident Compensation Act 2001
p.000316: Schedule 1
p.000316:
p.000316: (c) the youngest of the children of the deceased who is in the care of the sur- viving spouse or partner turning
p.000316: 18 years:
p.000316: (d) the surviving spouse or partner ceasing to have the care of all other dependants of the deceased
p.000316: claimant who were in the surviving spouse’s or partner’s care.
p.000316: Compare: 1998 No 114 Schedule 1 cl 67
p.000316: Schedule 1 clause 66 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and
p.000316: Compensation Amendment Act 2005 (2005 No 12).
...
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(1)(b): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(1)(c): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(2): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318:
p.000318: 70 Weekly compensation for child
p.000318: (1) The Corporation is liable to pay weekly compensation to a child of a deceased claimant.
p.000318:
p.000318:
p.000319: 319
p.000319:
p.000319:
p.000319:
p.000319:
p.000319: Schedule 1 Accident Compensation Act 2001
p.000319: Reprinted as at 1 April 2019
p.000319:
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the child’s weekly compensation because of the age that the
p.000319: claimant would have reached if he or she had not died.
p.000319: (5) The child ceases to be entitled to weekly compensation on the later of—
p.000319: (a) the end of the calendar year in which the child turns 18 years; or
p.000319: (b) if the child is in full-time study at a place of education, the earliest of ceasing the study, completing the
p.000319: study, or turning 21 years.
p.000319: (6) The Corporation must double the compensation payable for each parent if both the child’s parents have died.
p.000319: Compare: 1998 No 114 Schedule 1 cl 70
p.000319:
p.000319: 71 Weekly compensation for other dependants
p.000319: (1) The Corporation is liable to pay weekly compensation to any other dependant of a deceased claimant.
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the other dependant’s weekly compensation because of the
p.000319: age that the claimant would have reached if he or she had not died.
p.000319: (5) The other dependant ceases to be entitled to weekly compensation on the earlier of the following:
p.000319: (a) the other dependant has or will have, over a period of 12 months, aver- age earnings per week greater
p.000319: than the minimum weekly earnings as determined under clause 42(3):
p.000319:
p.000319:
p.000320: 320
p.000320:
p.000320:
p.000320: Reprinted as at
p.000320: 1 April 2019 Accident Compensation Act 2001
p.000320: Schedule 1
p.000320:
p.000320: (b) if clause 72 applies to the other dependant, the event occurs under that clause that ends the other
p.000320: dependant’s entitlement to weekly compensa- tion.
p.000320: Compare: 1998 No 114 Schedule 1 cl 71
p.000320:
p.000320: 72 Relationship between other dependant’s weekly compensation and New Zealand superannuation
p.000320: (1) Subclause (2) applies to any other dependant who—
p.000320: (a) is entitled to weekly compensation immediately before reaching New Zealand superannuation
p.000320: qualification age; and
p.000320: (b) has been entitled to it for 24 months or longer before reaching that age.
p.000320: (2) Such a dependant loses his or her entitlement to weekly compensation on reaching that age.
...
p.000321: Schedule 1 Accident Compensation Act 2001
p.000321: Reprinted as at 1 April 2019
p.000321:
p.000321: 73 Election for purposes of clause 72
p.000321: (1) The other dependant must make an election under clause 72(5) or (8) within the period that is the latest of
p.000321: the following:
p.000321: (a) within 1 month before the date on which the election would take effect; or
p.000321: (b) within 1 month after the other dependant has been notified of the amount of the weekly compensation by the
p.000321: Corporation, the reviewer, or the Dis- trict Court, whichever is applicable in the other dependant’s case; or
p.000321: (c) before 1 month before the other dependant reaches New Zealand super- annuation qualification age.
p.000321: (2) The Corporation may allow any other dependant to exercise or revoke an elec- tion under clause 72(5) or
p.000321: (8) after the period specified in subclause (1) has ended, but only if the Corporation is satisfied
p.000321: that the other dependant’s cir- cumstances have changed significantly since the end of the period.
p.000321: Compare: 1998 No 114 Schedule 1 cl 73
p.000321: Schedule 1 clause 73(1)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016
p.000321: (2016 No 49).
p.000321:
p.000321: 74 Maximum payments
p.000321: (1) The total amount of weekly compensation payable under clauses 66 to 73 must not exceed—
p.000321: (a) the weekly compensation for loss of earnings to which the claimant would have been entitled at the
p.000321: end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
p.000321: (b) the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled
p.000321: at the end of 6 months of incap- acity, had he or she lived but been totally incapacitated.
p.000321: (2) The Corporation may reduce all weekly compensation calculated under those clauses pro rata, and may readjust
p.000321: it from time to time, if the Corporation con- siders the reduction and readjustment is necessary for the
p.000321: purposes of sub- clause (1).
p.000321: Compare: 1998 No 114 Schedule 1 cl 74
p.000321:
p.000321: 75 Spouse or partner status or dependency arising after date of personal injury
p.000321: (1) The Corporation is liable to provide entitlements to a person who—
p.000321: (a) becomes the spouse or partner or a dependant of the claimant after the date on which the claimant suffered
p.000321: personal injury; and
p.000321: (b) is the spouse or partner or a dependant of the claimant at the date of the claimant’s death as a result of
p.000321: personal injury for which he or she has cover.
p.000321:
p.000321:
p.000322: 322
p.000322:
p.000322:
p.000322: Reprinted as at
p.000322: 1 April 2019 Accident Compensation Act 2001
p.000322: Schedule 1
p.000322:
p.000322: (2) Subclause (1) is subject to subclause (3).
p.000322: (3) The Corporation is not liable under subclause (1) if the Corporation decides, on reasonable grounds, that the
p.000322: main purpose of the person in becoming a spouse or partner or dependant was to qualify for entitlements.
p.000322: Compare: 1998 No 114 Schedule 1 cl 75
p.000322: Schedule 1 clause 75 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and
p.000322: Compensation Amendment Act 2005 (2005 No 12).
p.000322: Schedule 1 clause 75(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000322: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
...
p.000357:
p.000357:
p.000357:
p.000357: Accident Compensation Act 2001
p.000357: Reprinted as at 1 April 2019
p.000357:
p.000357: (b) he or she has lodged a claim with the Accident Compensation Corpor- ation under section 48 of the
p.000357: principal Act in respect of the personal injury; and
p.000357: (c) the Corporation has not made a decision on the claim.
p.000357: (2) On or after the commencement of this section, the Corporation must make a decision on the claim in all
p.000357: respects as if section 9 of this Act had not been enacted.
p.000357: 57 Assessment of vocational independence
p.000357: An assessment of a claimant’s vocational independence that has been com- menced, but not determined, before
p.000357: the commencement of this section must, on or after that commencement, be considered and determined in all respects as
p.000357: if sections 6(2), 11, and 47 (to the extent that it relates to clause 25 of Schedule 1 of the principal Act) of this
p.000357: Act had not been enacted.
p.000357: 58 Calculations of weekly earnings for weekly compensation
p.000357: To avoid doubt, sections 223(3)(c)(i) and clauses 33, 34, 35, 36, 38, 39, 41, and 42 of Schedule 1 of the principal Act
p.000357: (as amended by this Act) apply to the cal- culation of weekly earnings for the purposes of weekly compensation
p.000357: that is payable in respect of a period of incapacity that commences only on or after the commencement of this
p.000357: section.
p.000357: 59 Calculations of weekly compensation for loss of potential earning capacity
p.000357: (1) This section applies to—
p.000357: (a) a claimant who is incapacitated before the commencement of this sec- tion, but who is not entitled to
p.000357: weekly compensation for loss of potential earning capacity immediately before that commencement:
p.000357: (b) a claimant who is incapacitated only on or after the commencement of this section.
p.000357: (2) To avoid doubt, clause 47 of Schedule 1 of the principal Act (as amended by this Act) applies to the
p.000357: calculation of weekly compensation for loss of potential earning capacity in respect of a claimant to whom this section
p.000357: applies.
p.000357: 60 Special provision for claimant already entitled to receive weekly compensation for loss of potential earning
p.000357: capacity
p.000357: (1) This section applies to a claimant who is incapacitated before the commence- ment of this section and who
p.000357: is entitled to weekly compensation for loss of potential earning capacity immediately before that commencement.
p.000357: (2) The weekly compensation payable to the claimant is the amount of weekly compensation to which the
p.000357: claimant was entitled immediately before the com- mencement of this section.
p.000357:
p.000357:
p.000357:
p.000357:
p.000358: 358
p.000358:
p.000358:
p.000358: Reprinted as at
p.000358: 1 April 2019 Accident Compensation Act 2001
p.000358:
p.000358: (3) However, if the calculation of weekly compensation for loss of potential earn- ing capacity in respect of the
p.000358: claimant is, but for subsection (2) and section 59, more favourable to the claimant under clause 47(4) of Schedule 1 of
p.000358: the princi- pal Act (as amended by this Act), then clause 47(4) applies despite subsection
p.000358: (2) and section 59.
p.000358: 61 Abatement of weekly compensation
p.000358: To avoid doubt, clause 49 of Schedule 1 of the principal Act (as amended by this Act) applies to the abatement of
p.000358: a claimant’s weekly compensation in accordance with that clause and clause 51 of Schedule 1 of the principal Act
p.000358: in respect of a period of incapacity that commences only on or after the com- mencement of this section.
p.000358: 62 Members of ministerial advisory panels not entitled to compensation
p.000358: (1) Nothing in this Act entitles a member of the ministerial advisory panel referred to in section 31 or 291 of
...
Searching for indicator incapacity:
(return to top)
p.000003: rehabilitation
p.000003: 87 Further matters to be considered in deciding whether to provide 85
p.000003: vocational rehabilitation
p.000003: 88 Vocational rehabilitation may start or resume if circumstances 86
p.000003: change
p.000003: 89 Assessment of claimant’s vocational rehabilitation needs 86
p.000003: 90 Occupational assessor
p.000087: 87
p.000087: 91 Conduct of initial occupational assessment 87
p.000004: 4
p.000004:
p.000004: Reprinted as at
p.000004: 1 April 2019 Accident Compensation Act 2001
p.000004: 92 Report on initial occupational assessment 87
p.000004: 93 Medical assessor
p.000087: 87
p.000087: 94 Assessments when medical assessor unavailable 88
p.000087: 95 Conduct of initial medical assessment 89
p.000087: 96 Report on initial medical assessment 89
p.000087: Employer’s duty to pay first week compensation
p.000087: 97 Employee’s right to receive first week compensation 89
p.000087: 98 Employer’s duty to pay first week compensation 90
p.000087: 99 First week compensation is salary or wages for certain purposes 90
p.000087: Weekly compensation
p.000087: 100 Entitlement to weekly compensation depends on claimant’s 91
p.000087: incapacity for employment and vocational independence
p.000087: 101 Procedures for determining incapacity for employment and 92
p.000087: vocational independence
p.000087: Incapacity for employment
p.000087: 102 Procedure in determining incapacity under section 103 or section 92
p.000105: 105
p.000105: 103 Corporation to determine incapacity of claimant who, at time of 92
p.000105: personal injury, was earner, on unpaid parental leave, or recuperating organ donor
p.000105: 104 Effect of determination under section 103 on entitlement to weekly 93
p.000105: compensation
p.000105: 105 Corporation to determine incapacity of certain claimants who, at 93
p.000105: time of incapacity, had ceased to be in employment, were potential earners, or had purchased weekly compensation under
p.000105: section 223
p.000105: 106 Effect of determination under section 105 on entitlement to weekly 94
p.000105: compensation
p.000105: Vocational independence
p.000105: 107 Corporation to determine vocational independence 94
p.000105: 108 Assessment of claimant’s vocational independence 95
p.000105: 109 When claimant’s vocational independence to be assessed 95
p.000105: 110 Notice to claimant in relation to assessment of vocational 96
p.000105: independence
p.000105: 111 How determination that claimant has vocational independence is to 96
p.000105: be regarded
p.000105: 112 Claimant with vocational independence loses entitlement to 96
p.000105: weekly compensation
p.000105: 113 Claimant who no longer has vocational independence regains 97
p.000105: entitlement to weekly compensation
p.000105: Interest on late payments of weekly compensation
p.000105: 114 Payment of interest when Corporation makes late payment of 97
p.000105: weekly compensation
p.000005: 5
p.000005:
p.000005: Accident Compensation Act 2001
p.000005: Reprinted as at 1 April 2019
p.000005: 114A Corporation must publish applicable interest rate and premium 99
p.000005: Indexation of weekly compensation and related amounts
p.000005: 115 Indexation of weekly compensation and related amounts 100
p.000005: Indexation of other entitlements
p.000005:
...
p.000236: Interpretation
p.000236: 350 Interpretation
p.000237: 237
p.000237: 351 References to former Acts 237
p.000237: Purpose of this Part
p.000237: 352 Purpose of this Part
p.000238: 238
p.000015: 15
p.000015:
p.000015: Accident Compensation Act 2001
p.000015: Reprinted as at 1 April 2019
p.000015: Application of this Part
p.000015: 353 Part not to apply to certain claims 238
p.000015: Cover for personal injury suffered before 1 April 2002
p.000015: 354 Processing of claims 238
p.000015: 355 Claims for cover accepted under former Acts 238
p.000015:
p.000015: 356 Claim for cover lodged but not yet determined if injury suffered before 1 July 1992
p.000015: 357 Claim for cover lodged before 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992
p.000015: but before 1 July 1999
p.000015: 358 Claim for cover lodged on or after 1 July 1999 but not yet determined if injury suffered on or after 1 July
p.000015: 1992 but before 1 April 2002
p.000239: 239
p.000239:
p.000239: 239
p.000239:
p.000240: 240
p.000240: 359 Injuries suffered before 1 April 1974 240
p.000240:
p.000240: 360 Claim for cover under former Acts not lodged until on or after 1 April 2002
p.000240: 361 Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if
p.000240: events before 1 April 1974 and death before 1 July 1992
p.000240: First week compensation for incapacity commencing before 1 April 2002
p.000240: 362 First week compensation for incapacity commencing before 1 April 2002
p.000240: Entitlements for personal injury suffered before 1 April 2002
p.000240: 240
p.000240:
p.000240: 240
p.000240:
p.000240:
p.000240:
p.000240:
p.000241: 241
p.000241: 363 Application of sections 364 to 387 241
p.000241: Treatment
p.000241: 364 Treatment
p.000241: 241
p.000241: Weekly compensation
p.000241: 365 Weekly compensation under Accident Insurance Act 1998 242
p.000241: 366 Weekly earnings of certain claimants increased 242
p.000241: 367 Multiple employment 243
p.000241:
p.000241: 368 Weekly payments for permanent incapacity under 1972 and 1982 Acts
p.000241: 369 Cessation of weekly compensation under any former Act because of capacity for work
p.000241: 370 Cessation of weekly compensation under any former Act because of national superannuation qualification age
p.000243: 243
p.000243:
p.000244: 244
p.000244:
p.000244: 244
p.000244: 371 Interest on late payments of weekly compensation 245
p.000244: Rehabilitation
p.000244: 372 Individual rehabilitation plan 245
p.000244: 373 Time limit on vocational rehabilitation 246
p.000016: 16
p.000016:
p.000016: Reprinted as at
p.000016: 1 April 2019 Accident Compensation Act 2001
p.000016:
p.000016:
p.000016: 374 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and
p.000016: household help
p.000016: 375 Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act:
p.000016: attendant care
p.000016: 376 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts
p.000016:
p.000246: 246
p.000246:
p.000247: 247
p.000247:
p.000247: 247
p.000247:
p.000247: Independence allowance
p.000247: 377 Independence allowance for personal injury suffered before 1 July 1999
p.000247: 378 Personal injury suffered on or after 1 July 1999 and before 1 April 2002
p.000247: 379 Payment of independence allowance to claimant outside New Zealand
p.000247:
p.000247: 247
p.000247:
p.000248: 248
p.000248:
p.000248: 248
p.000248: Lump sum compensation under former Acts
...
p.000022: definition of income from employment in section YA 1 of the Income Tax Act 2007; or
p.000022: (b) any salary, wages, or other income to which section RD 3B or RD 3C of the Income Tax Act 2007 applies
p.000022:
p.000022:
p.000023: 23
p.000023:
p.000023:
p.000023:
p.000023:
p.000023: Part 1 s 6 Accident Compensation Act 2001
p.000023: Reprinted as at 1 April 2019
p.000023:
p.000023: employer—
p.000023: (a) means a person, other than a person acting for an employer as a PAYE intermediary as defined in section
p.000023: YA 1 of the Income Tax Act 2007, who pays, or is liable to pay,—
p.000023: (i) any amount that, in relation to any other person, is treated as income from employment, as defined
p.000023: in paragraph (a) of the def- inition of income from employment in section YA 1 of the Income Tax Act 2007; and
p.000023: (ii) any salary, wages, or other income to which section RD 3B or RD 3C of the Income Tax Act 2007 applies; but
p.000023: (b) does not include, for the purpose of Part 6, a person who is an employer solely by reason of any of section RD
p.000023: 5(1)(b)(iii), (6)(b), or (c) of the Income Tax Act 2007
p.000023: employment—
p.000023: (a) means work engaged in or carried out for the purposes of pecuniary gain or profit; and
p.000023: (b) in the case of an employee, includes a period of paid leave, other than paid leave on the termination of
p.000023: employment
p.000023: entitlement means the entitlements described or referred to in section 69
p.000023: financial year means a period of 12 months ending with 30 June
p.000023: first week compensation means compensation payable under section 97
p.000023: first week of incapacity means the period—
p.000023: (a) starting,—
p.000023: (i) in a case where there are separate periods of incapacity resulting from the same personal injury, on
p.000023: the day on which the initial period of incapacity commences; or
p.000023: (ii) in any other case, on the day on which an incapacity resulting from a personal injury first
p.000023: commences; and
p.000023: (b) ending with the close of the sixth day after that day
p.000023: foreign representative means any person who is not a permanent resident of New Zealand and who is present in New
p.000023: Zealand for the sole purpose of per- forming the person’s duties—
p.000023: (a) either as a member of the staff of a diplomatic mission of any State (within the meaning of
p.000023: the Diplomatic Privileges and Immunities Act 1968) or as a member of a consular post of any State (within the
p.000023: mean- ing of the Consular Privileges and Immunities Act 1971); or
p.000023: (b) as a representative or officer or employee of the Government of any country other than New Zealand;
p.000023: or
p.000023:
p.000023:
p.000023:
p.000024: 24
p.000024:
p.000024:
p.000024: Reprinted as at
p.000024: 1 April 2019 Accident Compensation Act 2001
p.000024: Part 1 s 6
p.000024:
p.000024: (c) as a representative or officer or employee of any international organisa- tion or of the Commonwealth
p.000024: Secretariat or of any organ of an inter- national organisation or the Commonwealth Secretariat; or
p.000024: (d) as a representative at any conference convened in New Zealand by an international organisation or
p.000024: by the Commonwealth Secretariat
p.000024: former Act includes the Accident Insurance Act 1998, the Accident Rehabili- tation and Compensation Insurance Act 1992,
p.000024: the Accident Compensation Act 1982, and the Accident Compensation Act 1972
p.000024: full-time employment, in relation to an earner, means employment in the 4 weeks immediately before his or
p.000024: her incapacity commenced, for either—
p.000024: (a) an average of at least 30 hours per week; or
p.000024: (b) a lesser number of hours, if the lesser number of hours is defined as full- time employment in the employment
p.000024: agreement under which the earner was employed, because of the particular nature of that employment
p.000024: full-time study means a course of study recognised as full-time by the place of education that administers it
p.000024: government agency, for the purposes of Part 8 and section 324(4)(b)(ii), includes a government department and
p.000024: a Crown entity
p.000024: health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015
p.000024: health practitioner—
p.000024: (a) means a person who is, or is deemed to be, registered with an authority established or continued by section
p.000024: 114 of the Health Practitioners Com- petence Assurance Act 2003 as a practitioner of a particular health pro- fession;
p.000024: but
p.000024: (b) in relation to that health profession and to any purpose stated in a rele- vant notice under section 322A,
p.000024: does not include a person who, for that purpose, is declared not to be a health practitioner
p.000024: impairment, unless otherwise defined in regulations made under section 322, means a loss, loss of use, or derangement
p.000024: of any body part, organ system, or organ function
p.000024: incapacity,—
p.000024: (a) for the purposes of determining incapacity, means incapacity determined under section 103 or section 105, as
p.000024: the case may require; and
p.000024: (b) includes absence from employment in order to get treatment for personal injury covered by this Act, if the
p.000024: treatment—
p.000024: (i) is necessary for the injury; and
p.000024: (ii) is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1
p.000024:
p.000024:
p.000025: 25
p.000025:
p.000025:
p.000025:
p.000025:
p.000025: Part 1 s 6 Accident Compensation Act 2001
p.000025: Reprinted as at 1 April 2019
p.000025:
p.000025: individual rehabilitation plan—
p.000025: (a) means a plan under section 75 that provides for a claimant to receive rehabilitation that will
p.000025: assist in accordance with section 70 in restoring the claimant’s health, independence, and participation to the maximum
p.000025: practicable extent; and
p.000025: (b) includes an individual rehabilitation programme or individual rehabilita- tion plan entered into under a
p.000025: former Act
p.000025: medical laboratory technologist means a health practitioner who—
p.000025: (a) is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued by section
p.000025: 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical
p.000025: laboratory science; and
p.000025: (b) holds a current practising certificate
p.000025: medical practitioner means a health practitioner who—
p.000025: (a) is, or is deemed to be, registered with the Medical Council of New Zea- land continued by section 114(1)(a) of
p.000025: the Health Practitioners Compe- tence Assurance Act 2003 as a practitioner of the profession of medi- cine;
p.000025: and
p.000025: (b) holds a current practising certificate
...
p.000076: Part 4 s 72
p.000076:
p.000076: (c) weekly compensation:
p.000076: (d) lump sum compensation for permanent impairment:
p.000076: (e) funeral grants, survivors’ grants, weekly compensation for the spouse or partner, children and other
p.000076: dependants of a deceased claimant, and child care payments.
p.000076: (2) The entitlements provided under this Act also include the entitlements referred to in Parts 10 and 11.
p.000076: Section 69(1)(e): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilita- tion, and
p.000076: Compensation Amendment Act 2005 (2005 No 12).
p.000076:
p.000076: 70 Claimant’s and Corporation’s obligations in relation to rehabilitation
p.000076: A claimant who has suffered personal injury for which he or she has cover—
p.000076: (a) is entitled to be provided by the Corporation with rehabilitation, to the extent provided by this Act, to
p.000076: assist in restoring the claimant’s health, independence, and participation to the maximum extent practicable; but
p.000076: (b) is responsible for his or her own rehabilitation to the extent practicable having regard to the consequences
p.000076: of his or her personal injury.
p.000076: Compare: 1998 No 114 Schedule 1 cl 28
p.000076:
p.000076: 71 Employer’s obligations in relation to rehabilitation
p.000076: (1) This section applies to an employer if—
p.000076: (a) the Corporation decides, under section 86(2)(a), that it is reasonably practicable to return the
p.000076: claimant to the same employment in which the claimant was engaged, and with the employer who was employing the
p.000076: claimant, when the claimant’s incapacity commenced; and
p.000076: (b) the Corporation gives the employer notice, in writing, of the decision.
p.000076: (2) The employer must take all practicable steps to assist the claimant with the claimant’s
p.000076: vocational rehabilitation under his or her individual rehabilitation plan.
p.000076:
p.000076: Responsibilities of claimant
p.000076: 72 Responsibilities of claimant who receives entitlement
p.000076: (1) A claimant who receives any entitlement must, when reasonably required to do so by the Corporation,—
p.000076: (a) give the Corporation a certificate by a registered health professional or treatment provider that deals with
p.000076: the matters and contains the informa- tion that the Corporation requires:
p.000076: (b) give the Corporation any other relevant information that the Corporation requires:
p.000076: (c) authorise the Corporation to obtain medical and other records that are or may be relevant to the claim:
p.000076:
p.000077: 77
p.000077:
p.000077:
p.000077:
p.000077:
p.000077: Part 4 s 73 Accident Compensation Act 2001
p.000077: Reprinted as at 1 April 2019
p.000077:
p.000077: (d) undergo assessment by a registered health professional specified by the Corporation, at the Corporation’s
p.000077: expense:
p.000077: (e) undergo assessment, at the Corporation’s expense:
p.000077: (f) co-operate with the Corporation in the development and implementation of an individual rehabilitation plan:
p.000077: (g) undergo assessment of present and likely capabilities for the purposes of rehabilitation, at the Corporation’s
p.000077: expense:
p.000077: (h) participate in rehabilitation.
p.000077: (2) Every such claimant must give the Corporation a statement in writing about any matters relating to
...
p.000083: (a) has suffered personal injury for which he or she has cover; and
p.000083: (b) is—
p.000083: (i) entitled to weekly compensation; or
p.000083: (ii) likely, unless he or she has vocational rehabilitation, to be entitled to weekly compensation; or
p.000083: (iii) on parental leave.
p.000083: (2) Despite subsection (1)(b)(i), the Corporation is liable to provide vocational rehabilitation to a
p.000083: person who was entitled to weekly compensation and who would, but for clause 52 of Schedule 1 (relationship between
p.000083: weekly compen- sation and New Zealand superannuation), continue to be entitled to weekly compensation.
p.000083: Compare: 1998 No 114 Schedule 1 cl 53
p.000083: Section 85(2): added, on 1 October 2008, by section 15 of the Injury Prevention, Rehabilitation, and Compensation
p.000083: Amendment Act 2008 (2008 No 46).
p.000083:
p.000083: 86 Matters to be considered in deciding whether to provide vocational rehabilitation
p.000083: (1) In deciding whether to provide vocational rehabilitation, the Corporation must have regard to the matters in
p.000083: section 87.
p.000083: (2) In deciding what vocational rehabilitation is appropriate for the claimant to achieve the purpose of
p.000083: vocational rehabilitation under section 80,—
p.000083:
p.000083:
p.000083:
p.000084: 84
p.000084:
p.000084:
p.000084: Reprinted as at
p.000084: 1 April 2019 Accident Compensation Act 2001
p.000084: Part 4 s 87
p.000084:
p.000084: (a) the Corporation must consider whether it is reasonably practicable to return the claimant to the same
p.000084: employment in which the claimant was engaged, and with the employer who was employing the claimant, when the claimant’s
p.000084: incapacity commenced; and
p.000084: (b) if it is not, the Corporation must consider the following matters:
p.000084: (i) whether it is reasonably practicable to return the claimant to an employment of a different kind
p.000084: with that employer:
p.000084: (ii) whether it is reasonably practicable to return the claimant to the employment in which the claimant was
p.000084: engaged when the claim- ant’s incapacity commenced, but with a different employer:
p.000084: (iii) whether it is reasonably practicable to return the claimant to a dif- ferent employment with a different
p.000084: employer, in which the claim- ant is able to use his or her experience, education, or training:
p.000084: (iv) whether it is reasonably practicable to help the claimant use as many of his or her pre-injury
p.000084: skills as possible to obtain employ- ment.
p.000084: Compare: 1998 No 114 Schedule 1 cl 55
p.000084:
p.000084: 87 Further matters to be considered in deciding whether to provide vocational rehabilitation
p.000084: (1) In deciding whether to provide vocational rehabilitation, the Corporation must have regard to—
p.000084: (a) whether the vocational rehabilitation is likely to achieve its purpose under the claimant’s
p.000084: individual rehabilitation plan; and
p.000084: (b) whether the vocational rehabilitation is likely to be cost-effective, having regard to the likelihood that
p.000084: costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and
p.000084: (c) whether the vocational rehabilitation is appropriate in the circumstances.
p.000084: (2) The Corporation must provide the vocational rehabilitation for the minimum period necessary to
p.000084: achieve its purpose, but must not provide any vocational rehabilitation for longer than 3 years (which need not be
p.000084: consecutive).
p.000084: (2A) Subsection (2) is subject to subsection (2B).
p.000084: (2B) Despite subsection (2), the Corporation may, at its discretion, provide voca- tional rehabilitation
p.000084: for longer than 3 years if the Corporation considers that—
...
p.000085: (3) This section is subject to any regulations made under section 324.
p.000085: Compare: 1998 No 114 Schedule 1 cl 56
p.000085: Section 87(2): substituted, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000085: Amendment Act (No 2) 2005 (2005 No 45).
p.000085: Section 87(2A): inserted, on 1 October 2008, by section 16 of the Injury Prevention, Rehabilitation, and Compensation
p.000085: Amendment Act 2008 (2008 No 46).
p.000085: Section 87(2B): inserted, on 1 October 2008, by section 16 of the Injury Prevention, Rehabilitation, and Compensation
p.000085: Amendment Act 2008 (2008 No 46).
p.000085: Section 87(2C): inserted, on 1 October 2008, by section 16 of the Injury Prevention, Rehabilitation, and Compensation
p.000085: Amendment Act 2008 (2008 No 46).
p.000085:
p.000085: 88 Vocational rehabilitation may start or resume if circumstances change
p.000085: (1) The Corporation may, at any time, decide whether or not there has been a change of circumstances
p.000085: affecting the claimant’s need for vocational rehabilita- tion.
p.000085: (2) If the Corporation decides that there has been such a change, the Corporation and the claimant may agree
p.000085: to the modification of the claimant’s individual rehabilitation plan to reflect the changed circumstances.
p.000085: (3) The Corporation may resume providing vocational rehabilitation under the claimant’s individual
p.000085: rehabilitation plan, with any agreed modifications, to a claimant who—
p.000085: (a) had vocational rehabilitation; and
p.000085: (b) as a result, obtained employment; but
p.000085: (c) is unable to maintain the employment because of his or her incapacity.
p.000085: (4) This section is subject to section 87(2) and (3).
p.000085: Compare: 1998 No 114 Schedule 1 cl 57
p.000085:
p.000085: 89 Assessment of claimant’s vocational rehabilitation needs
p.000085: An assessment of a claimant’s vocational rehabilitation needs must consist of—
p.000085: (a) an initial occupational assessment to identify the types of work that may be appropriate for the claimant; and
p.000085: (b) an initial medical assessment to determine whether the types of work identified under paragraph (a)
p.000085: are, or are likely to be, medically sustaina- ble for the claimant.
p.000085:
p.000085:
p.000085:
p.000085:
p.000085:
p.000086: 86
p.000086:
p.000086:
p.000086: Reprinted as at
p.000086: 1 April 2019 Accident Compensation Act 2001
p.000086: Part 4 s 93
p.000086:
p.000086: 90 Occupational assessor
p.000086: An occupational assessment must be undertaken by an assessor whom the Cor- poration considers has the appropriate
p.000086: qualifications and experience to do the assessment required in the particular case.
p.000086: Compare: 1998 No 114 s 95
p.000086:
p.000086: 91 Conduct of initial occupational assessment
p.000086: (1) An occupational assessor undertaking an initial occupational assessment must—
p.000086: (a) take into account information provided by the Corporation and the claimant; and
p.000086: (b) discuss with the claimant all the types of work that are available in New Zealand and suitable for the
p.000086: claimant; and
p.000086: (c) consider any comments the claimant makes to the assessor about those types of work.
p.000086: (1A) In considering the suitability of the types of work referred to in subsection (1)(b), the
p.000086: occupational assessor may take into account, among other things, the claimant’s earnings before the claimant’s
p.000086: incapacity.
p.000086: (2) The Corporation must provide to an occupational assessor all information the Corporation has that is relevant
p.000086: to an initial occupational assessment.
p.000086: Compare: 1998 No 114 s 96
p.000086: Section 91(1A): inserted, on 1 October 2008, by section 17 of the Injury Prevention, Rehabilitation, and Compensation
p.000086: Amendment Act 2008 (2008 No 46).
p.000086: Section 91(1A): amended, on 1 July 2010, by section 11 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000086:
p.000086: 92 Report on initial occupational assessment
p.000086: (1) The occupational assessor must prepare and provide to the Corporation a report on the initial occupational
p.000086: assessment.
p.000086: (2) The report must—
p.000086: (a) identify the types of work for the purposes of section 89(a); and
p.000086: (b) take into account the information, discussions, and comments referred to in section 91(1).
p.000086: (3) The Corporation must provide a copy of the report to the claimant and the med- ical assessor.
p.000086: Compare: 1998 No 114 s 97
p.000086:
p.000086: 93 Medical assessor
p.000086: (1) A medical assessment must be undertaken by a medical practitioner who is described in subsection
p.000086: (2) or subsection (3).
p.000086: (2) A medical practitioner who provides general medical services must also—
p.000086:
p.000086:
p.000087: 87
p.000087:
p.000087:
p.000087:
p.000087:
p.000087: Part 4 s 94 Accident Compensation Act 2001
p.000087: Reprinted as at 1 April 2019
p.000087:
p.000087: (a) have an interest, and proven work experience, in disability management in the workplace or in occupational
p.000087: rehabilitation; and
p.000087: (b) have at least 5 years’ experience in general practice; and
...
p.000088: (a) information provided to the assessor by the Corporation; and
p.000088: (b) any of the following reports, information, or comments provided to the assessor:
p.000088: (i) medical reports requested by the Corporation before the individual rehabilitation plan was prepared:
p.000088: (ii) any other relevant medical reports; and
p.000088: (c) the report of the occupational assessor on the initial occupational assess- ment; and
p.000088: (d) the medical assessor’s clinical examination of the claimant; and
p.000088: (e) any other information or comments that the claimant requests the med- ical assessor to take into account and
p.000088: that the medical assessor decides are relevant.
p.000088: (2) The medical assessor must also take into account any condition suffered by the claimant that is not related to
p.000088: the claimant’s personal injury.
p.000088: (3) The Corporation must provide to a medical assessor all information the Corpor- ation has that is relevant to
p.000088: an initial medical assessment.
p.000088: Compare: 1998 No 114 s 99
p.000088:
p.000088: 96 Report on initial medical assessment
p.000088: (1) The medical assessor must prepare and provide to the Corporation a report on the initial medical assessment.
p.000088: (2) The report must—
p.000088: (a) contain the determination required by section 89(b); and
p.000088: (b) take into account the matters referred to in section 95.
p.000088: (3) The Corporation must provide a copy of the report to the claimant.
p.000088: Compare: 1998 No 114 s 100
p.000088:
p.000088: Employer’s duty to pay first week compensation
p.000088: 97 Employee’s right to receive first week compensation
p.000088: (1) First week compensation for loss of earnings is payable to a claimant who—
p.000088: (a) has an incapacity resulting from—
p.000088: (i) a work-related personal injury for which he or she has cover; or
p.000088: (ii) a motor vehicle injury to which section 29(2) applies, being a motor vehicle injury that is
p.000088: also a work-related personal injury; and
p.000088:
p.000088:
p.000089: 89
p.000089:
p.000089:
p.000089:
p.000089:
p.000089: Part 4 s 98 Accident Compensation Act 2001
p.000089: Reprinted as at 1 April 2019
p.000089:
p.000089: (b) was an employee immediately before his or her incapacity commenced.
p.000089: (2) The compensation payable is 80% of the amount of earnings as an employee lost by the employee, as a
p.000089: result of the incapacity, during the first week of incapacity.
p.000089: (3) For the purposes of this section, there is a presumption that the earnings the claimant loses as
p.000089: a result of the incapacity is the difference between—
p.000089: (a) the claimant’s earnings in the 7 days before his or her incapacity com- menced; and
p.000089: (b) the claimant’s earnings in the first week of incapacity.
p.000089: (4) The presumption can be rebutted by proof to the contrary.
p.000089: Compare: 1998 No 114 s 76
p.000089:
p.000089: 98 Employer’s duty to pay first week compensation
p.000089: (1) The employer in whose employment the claimant suffered the work-related personal injury or the motor
p.000089: vehicle injury referred to in section 97(1)(a)(ii) is liable to pay all the first week compensation to which the
p.000089: claimant is entitled.
p.000089: (2) Before paying first week compensation, the employer may require the employee to meet
p.000089: reasonable requirements as to the production of evidence of the personal injury such as, for example, the
p.000089: production of a certificate by a registered health professional nominated and paid by the employer.
p.000089: (3) An employer who fails to comply with subsection (1) commits an offence.
p.000089: Compare: 1998 No 114 s 77
p.000089:
p.000089: 99 First week compensation is salary or wages for certain purposes
p.000089: First week compensation is salary or wages payable to the employee for the purposes of—
p.000089: (a) section 131 of the Employment Relations Act 2000:
p.000089: (b) the Income Tax Act 2007:
p.000089: (c) the Tax Administration Act 1994:
p.000089: (d) this Act:
p.000089: (e) the laws relating to insolvency, receivership, and the liquidation of com- panies.
p.000089: Compare: 1998 No 114 s 78
p.000089: Section 99(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the
p.000089: context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000090: 90
p.000090:
p.000090:
p.000090: Reprinted as at
p.000090: 1 April 2019 Accident Compensation Act 2001
p.000090: Part 4 s 100
p.000090:
p.000090: Weekly compensation
p.000090: 100 Entitlement to weekly compensation depends on claimant’s incapacity for employment and vocational independence
p.000090: (1) A claimant who has cover and who lodges a claim for weekly compensation—
p.000090: (a) is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning
p.000090: of section 103(2) and the claimant is eligible under clause 32, 44, or 44A of Schedule 1 for weekly compensa- tion:
p.000090: (b) is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning
p.000090: of section 103(2) and the claimant is eligible under section 210 for weekly compensation:
p.000090: (c) is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning
p.000090: of section 105(2) and if the claimant is eligible under section 224 or clause 43 of Schedule 1 for weekly com-
p.000090: pensation:
p.000090: (d) is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning
p.000090: of section 105(2) and if the claimant is eligible under clause 47 of Schedule 1 for weekly compensation.
p.000090: (1A) If a claimant is eligible for weekly compensation under clause 44A of Schedule 1 because of the operation of
p.000090: clause 43 of that schedule, the Corporation must determine whether the claimant is incapacitated within the meaning of
p.000090: section 105(2).
p.000090: (2) While a claimant is receiving weekly compensation,—
p.000090: (a) section 103 or section 105, as the case may be, continues to apply to the claimant; and
p.000090: (b) the Corporation may from time to time determine the claimant’s incap- acity under section 103 or section 105,
p.000090: as the case may require; and
p.000090: (c) section 107 also applies to the claimant; and
p.000090: (d) the Corporation may from time to time determine the claimant’s voca- tional independence under section 107.
p.000090: (3) The claimant may lose his or her entitlement to weekly compensation through the operation of sections 103 to
p.000090: 112.
p.000090: Compare: 1998 No 114 s 82
p.000090: Section 100(1)(a): amended, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016 (2016
p.000090: No 96).
p.000090: Section 100(1A): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016 (2016
p.000090: No 96).
p.000090:
p.000090:
p.000090:
p.000090:
p.000090:
p.000090:
p.000091: 91
p.000091:
p.000091:
p.000091:
p.000091:
p.000091: Part 4 s 101 Accident Compensation Act 2001
p.000091: Reprinted as at 1 April 2019
p.000091:
p.000091: 101 Procedures for determining incapacity for employment and vocational independence
p.000091: (1) When the Corporation is required or allowed by this Act to determine a claim- ant’s incapacity for
p.000091: employment, it must do so under section 103 or section 105.
p.000091: (2) When the Corporation is required or allowed by this Act to determine a claim- ant’s vocational independence,
p.000091: it must do so under sections 107 to 110 and clauses 24 to 29 of Schedule 1.
p.000091: Compare: 1998 No 114 s 83
p.000091:
p.000091: Incapacity for employment
p.000091: 102 Procedure in determining incapacity under section 103 or section 105
p.000091: (1) The Corporation may determine any question under section 103 or section 105 from time to time.
p.000091: (2) In determining any such question, the Corporation—
p.000091: (a) must consider an assessment undertaken by a medical practitioner or nurse practitioner; and
p.000091: (b) may obtain any professional, technical, specialised, or other advice from any person it considers appropriate.
p.000091: Compare: 1998 No 114 s 84
p.000091: Section 102(2)(a): amended, on 1 August 2008, by section 18 of the Injury Prevention, Rehabilita- tion, and
p.000091: Compensation Amendment Act 2008 (2008 No 46).
p.000091: Section 102(2)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence
p.000091: Assurance Act 2003 (2003 No 48).
p.000091:
p.000091: 103 Corporation to determine incapacity of claimant who, at time of personal injury, was earner, on unpaid parental
p.000091: leave, or recuperating organ donor
p.000091: (1) The Corporation must determine under this section the incapacity of—
p.000091: (a) a claimant who was an earner at the time he or she suffered the personal injury:
p.000091: (b) a claimant who was on unpaid parental leave at the time he or she suf- fered the personal injury:
p.000091: (c) a claimant who was within a payment period under the Compensation for Live Organ Donors Act 2016 at
p.000091: the time he or she suffered the per- sonal injury.
p.000091: (2) The question that the Corporation must determine is whether the claimant is unable, because of
p.000091: his or her personal injury, to engage in employment in which he or she was employed when he or she suffered
p.000091: the personal injury.
p.000091: (3) If the answer under subsection (2) is that the claimant is unable to engage in such employment, the claimant
p.000091: is incapacitated for employment.
p.000091:
p.000091:
p.000091:
p.000092: 92
p.000092:
p.000092:
p.000092: Reprinted as at
p.000092: 1 April 2019 Accident Compensation Act 2001
p.000092: Part 4 s 105
p.000092:
p.000092: (4) The references in subsections (1) and (2) to a personal injury are references to a personal injury for which
p.000092: the person has cover under this Act.
p.000092: (5) Subsection (4) is for the avoidance of doubt.
p.000092: Compare: 1998 No 114 s 85
p.000092: Section 103 heading: amended, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016
p.000092: (2016 No 96).
p.000092: Section 103 heading: amended, on 11 May 2005, by section 21(1) of the Injury Prevention, Rehabili- tation, and
p.000092: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000092: Section 103(1)(c): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016 (2016
p.000092: No 96).
p.000092: Section 103(4): added, on 11 May 2005, by section 21(2) of the Injury Prevention, Rehabilitation, and Compensation
p.000092: Amendment Act (No 2) 2005 (2005 No 45).
p.000092: Section 103(5): added, on 11 May 2005, by section 21(2) of the Injury Prevention, Rehabilitation, and Compensation
p.000092: Amendment Act (No 2) 2005 (2005 No 45).
p.000092:
p.000092: 104 Effect of determination under section 103 on entitlement to weekly compensation
p.000092: If the Corporation determines under section 103(2) that the claimant is not incapacitated for employment—
p.000092: (a) a claimant who is receiving weekly compensation for loss of earnings from employment—
p.000092: (i) loses that entitlement immediately; and
p.000092: (ii) cannot be subject to a determination under section 107 in respect of that incapacity:
p.000092: (b) a claimant who is not receiving weekly compensation for loss of earn- ings from employment is not entitled to
p.000092: begin receiving it.
p.000092: Compare: 1998 No 114 s 86
p.000092:
p.000092: 105 Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in
p.000092: employment, were potential earners, or had purchased weekly compensation under section 223
p.000092: (1) The Corporation must determine under this section the incapacity of a claimant who—
p.000092: (a) is deemed under clause 43 of Schedule 1 to continue to be an employee, a self-employed person, or a
p.000092: shareholder-employee, as the case may be; or
p.000092: (b) is a potential earner; or
p.000092: (c) has purchased the right to receive weekly compensation under section 223.
p.000092: (2) The question that the Corporation must determine is whether the claimant is unable, because of his
p.000092: or her personal injury, to engage in work for which he or
p.000092:
p.000092:
p.000092:
p.000093: 93
p.000093:
p.000093:
p.000093:
p.000093:
p.000093: Part 4 s 106 Accident Compensation Act 2001
p.000093: Reprinted as at 1 April 2019
p.000093:
p.000093: she is suited by reason of experience, education, or training, or any combin- ation of those things.
p.000093: (3) The references in subsection (2) to a personal injury are references to a per- sonal injury for
p.000093: which the person has cover under this Act.
p.000093: (4) Subsection (3) is for the avoidance of doubt.
p.000093: Compare: 1998 No 114 s 87
p.000093: Section 105 heading: substituted, on 1 August 2008, by section 19(1) of the Injury Prevention,
p.000093: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000093: Section 105(1)(a): amended, on 1 August 2008, by section 19(2) of the Injury Prevention, Rehabilita- tion, and
p.000093: Compensation Amendment Act 2008 (2008 No 46).
p.000093: Section 105(3): added, on 11 May 2005, by section 22 of the Injury Prevention, Rehabilitation, and Compensation
p.000093: Amendment Act (No 2) 2005 (2005 No 45).
p.000093: Section 105(4): added, on 11 May 2005, by section 22 of the Injury Prevention, Rehabilitation, and Compensation
...
p.000094:
p.000095: 95
p.000095:
p.000095:
p.000095:
p.000095:
p.000095: Part 4 s 110 Accident Compensation Act 2001
p.000095: Reprinted as at 1 April 2019
p.000095:
p.000095: Section 109(2)(b): amended, on 11 May 2005, by section 23 of the Injury Prevention, Rehabilitation, and Compensation
p.000095: Amendment Act (No 2) 2005 (2005 No 45).
p.000095:
p.000095: 110 Notice to claimant in relation to assessment of vocational independence
p.000095: (1) The Corporation must give written notice to a claimant required by the Corpor- ation to participate in an
p.000095: assessment of his or her vocational independence.
p.000095: (2) The notice must—
p.000095: (a) state the purpose, nature, and effect of the assessment; and
p.000095: (b) state that the claimant is required to participate in the assessment; and
p.000095: (c) state the consequences of not doing so; and
p.000095: (d) state the claimant’s right to be accompanied by another person during the assessment.
p.000095: (3) The Corporation must not require the claimant to participate in an assess- ment—
p.000095: (a) unless the claimant is likely to achieve vocational independence; and
p.000095: (b) until the claimant has completed any vocational rehabilitation that the Corporation was liable to
p.000095: provide under his or her individual rehabilita- tion plan.
p.000095: Compare: 1998 No 114 s 93
p.000095:
p.000095: 111 How determination that claimant has vocational independence is to be regarded
p.000095: If the Corporation determines under section 107 that a claimant has vocational independence, the determination is to be
p.000095: regarded as—
p.000095: (a) a determination under section 103 that the claimant no longer has an incapacity for employment, in
p.000095: relation to a claimant to whom that sec- tion applies, but section 112 applies instead of section 104(a)(i); or
p.000095: (b) a determination under section 105 that the claimant is able to engage in work for which he or she is suited by
p.000095: reason of experience, education, or training, or any combination of those things, in relation to a claimant to whom
p.000095: that section applies, but section 112 applies instead of section 106(a)(i).
p.000095: Compare: 1998 No 114 s 90
p.000095:
p.000095: 112 Claimant with vocational independence loses entitlement to weekly compensation
p.000095: If the Corporation determines under section 107 that a claimant has vocational independence, the claimant loses his or
p.000095: her entitlement to weekly compensa- tion 3 months after the date on which he or she is notified of the determination.
p.000095: Compare: 1998 No 114 s 91
p.000095:
p.000095:
p.000095:
p.000095:
p.000096: 96
p.000096:
p.000096:
p.000096: Reprinted as at
p.000096: 1 April 2019 Accident Compensation Act 2001
p.000096: Part 4 s 114
p.000096:
p.000096: 113 Claimant who no longer has vocational independence regains entitlement to weekly compensation
p.000096: (1) If the Corporation determines under section 109 that a claimant no longer has vocational independence, the
p.000096: claimant regains his or her entitlement to weekly compensation, and the regained entitlement starts from the
p.000096: date of the deter- mination or an earlier date determined by the Corporation.
p.000096: (2) On regaining entitlement to weekly compensation, the claimant is entitled to it at the higher of the following
p.000096: rates:
...
p.000145: accreditation agreements.
p.000145: (2) Persons carrying out any audit under subsection (1) must, during the course of the audit, give the following
p.000145: an opportunity to be heard in relation to the audit:
p.000145: (a) representatives of the accredited employer; and
p.000145: (b) representatives of employees of the accredited employer (including any union to which those employees
p.000145: belong that is registered under the Employment Relations Act 2000).
p.000145: Compare: 1998 No 114 s 326G
p.000145:
p.000145: 189 Reporting and information
p.000145: (1) An accredited employer must report to the Corporation in accordance with the accreditation agreement.
p.000145: (2) The Corporation may use information received under subsection (1) for the purposes of enabling the
p.000145: information manager to carry out the manager’s func- tions and duties under Part 8, and for other purposes of this Act.
p.000145: (3) All information received by an accredited employer in relation to work-related personal injury claims made
p.000145: by an employee of the employer under the accreditation agreement is the property of the Corporation.
p.000145: (4) An accredited employer must provide to each employee, without charge, a written statement that
p.000145: specifies the procedures and requirements under the accreditation agreement in relation to the lodging of
p.000145: claims, provision of rehabilitation, handling of claims, assessment of incapacity, assessment of vocational
p.000145: independence, and dispute resolution.
p.000145: Compare: 1998 No 114 s 326H
p.000145:
p.000145: Purchase of weekly compensation by shareholder-employees
p.000145: 190 Purchase of weekly compensation by shareholder-employees
p.000145: (1) A shareholder-employee may apply to purchase from the Corporation, in accordance with subsection (2),
p.000145: the right to receive weekly compensation pro- vided in an agreed manner for loss of earnings as a shareholder-employee
p.000145: for any personal injury for which the shareholder-employee has cover under this Act.
p.000145: (2) For the purposes of subsection (1), sections 174D, 175, 208(2), 209, 210, 211(1) and (2), and
p.000145: 212, and any relevant regulations made under this Act, apply with necessary modifications, as if the
p.000145: shareholder-employee were a self- employed person.
p.000145:
p.000145:
p.000145:
p.000145:
p.000146: 146
p.000146:
p.000146:
p.000146: Reprinted as at
p.000146: 1 April 2019 Accident Compensation Act 2001
p.000146: Part 6 s 194
p.000146:
p.000146: Section 190(1): amended, on 1 July 2010, by section 19(1)(a) of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000146: 1).
p.000146: Section 190(1): amended, on 1 July 2010, by section 19(1)(b) of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000146: 1).
p.000146: Section 190(2): amended, on 4 April 2016, by section 11 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000146: Section 190(2): amended, on 1 July 2010, by section 19(2) of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000146: 1).
p.000146:
p.000146: 191 Effect on Work Account levy
...
p.000149: for any personal injury for which the person has cover under this Act.
p.000149: (2) Subject to any regulations made under this Act, but otherwise without limita- tion, the agreement may include—
p.000149: (a) provision for the reduction, or progressive reduction, of the agreed level of weekly compensation in the
p.000149: circumstances set out in the agreement, which may include either or both of the following:
p.000149: (i) circumstances where the person is able to engage in some employ- ment:
p.000149: (ii) circumstances where the person continues to derive earnings while incapacitated:
p.000149: (b) entitlement to death benefits for the self-employed person’s spouse or partner, children, or other
p.000149: dependants if the person dies as a result of a personal injury:
p.000149: (c) weekly compensation payable for work-related personal injury only or payable for both work-related and
p.000149: non-work personal injury:
p.000149: (d) specified levels of weekly compensation for specified periods:
p.000149: (e) any combination of the provisions referred to in any of paragraphs (a) to (d).
p.000149: Compare: 1998 No 114 s 302A
p.000149: Section 208(2)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilita- tion, and
p.000149: Compensation Amendment Act 2005 (2005 No 12).
p.000149:
p.000149: 209 Procedure for reaching agreement
p.000149: (1) The Corporation must discuss with the self-employed person the options avail- able to the self-employed person
p.000149: and determine a level of weekly compensa- tion that fairly reflects the likely costs of incapacity for the
p.000149: self-employed per- son having regard to—
p.000149: (a) an estimate of the person’s income, net of business costs; and
p.000149: (b) an estimate of the cost of any required replacement labour; and
p.000149: (c) such other matters as may be relevant to the particular case.
p.000149: (2) The amount determined under subsection (1) must not be—
p.000149: (a) less than 80% of the amount of weekly earnings specified in clause 42(3) of Schedule 1; or
p.000149:
p.000149:
p.000149:
p.000149:
p.000150: 150
p.000150:
p.000150:
p.000150: Reprinted as at
p.000150: 1 April 2019 Accident Compensation Act 2001
p.000150: Part 6 s 210
p.000150:
p.000150: (b) more than the maximum amount of weekly compensation specified in clause 46 of Schedule 1.
p.000150: (3) The weekly compensation to be provided by the Corporation under this section must be set out in a written
p.000150: agreement between the Corporation and the self- employed person that includes—
p.000150: (a) the date on which the right to receive weekly compensation will start, which may be the date on
p.000150: which the agreement is made or any later date; and
p.000150: (b) the period for which the agreement has effect; and
p.000150: (c) the details of the weekly compensation to be provided under the agree- ment; and
p.000150: (d) those provisions of Parts 2 and 4 of Schedule 1 that are to apply and those provisions that do
p.000150: not apply; and
p.000150: (e) the levy payable and the time at which it becomes payable; and
p.000150: (f) any other agreed terms.
p.000150: (4) The agreement has no effect in respect of any personal injury suffered before the date the agreement is
p.000150: entered into.
p.000150: (5) If the self-employed person fails to pay any levy by the time payment is due under the agreement, the
p.000150: agreement has no effect.
p.000150: (6) If the self-employed person ceases to be a self-employed person while the agreement has effect, the
p.000150: agreement ceases to have effect as from the time of that change in status.
p.000150: (7) Any person who is dissatisfied with a determination of the Corporation under subsection (1) may seek a
p.000150: review by the Corporation of that determination within 3 months after the person is notified of the
p.000150: determination, and Part 5 applies with any necessary modifications.
p.000150: Compare: 1998 No 114 s 302B
p.000150:
p.000150: 210 Effect of agreement
p.000150: (1) A self-employed person who purchases weekly compensation under section 209 is entitled to weekly
p.000150: compensation in the manner agreed by the person and the Corporation, if—
p.000150: (a) the person suffers incapacity resulting from a personal injury suffered during the period for which
p.000150: the agreement has effect; and
p.000150: (b) the person has cover for the personal injury under Part 2.
p.000150: (2) A person who purchases weekly compensation under section 209, suffers per- sonal injury in a particular cover
p.000150: period for which there is an agreement under section 209, and then, when that agreement no longer has effect, suffers
p.000150: incap- acity or subsequent incapacity arising from that personal injury, is entitled to receive the following amount of
p.000150: weekly compensation for loss of earnings:
p.000150:
p.000150:
p.000151: 151
p.000151:
p.000151:
p.000151:
p.000151:
p.000151: Part 6 s 211 Accident Compensation Act 2001
p.000151: Reprinted as at 1 April 2019
p.000151:
p.000151: (a) the amount specified in an agreement made under section 209 that is in force at the time the incapacity
p.000151: commences; or
p.000151: (b) the amount calculated under Schedule 1, if no agreement under section 209 exists at the time the incapacity
p.000151: commences.
p.000151: (3) A person who purchases weekly compensation under section 209 for loss of earnings as a
p.000151: self-employed person is entitled to receive weekly compensation for loss of earnings as a self-employed person
p.000151: in accordance with the agree- ment under that section, and Parts 2 and 4 of Schedule 1 apply only to
p.000151: the extent provided in the agreement.
p.000151: Compare: 1998 No 114 s 302C
p.000151: Section 210(2): substituted, on 1 July 2005, by section 36(1) of the Injury Prevention, Rehabilitation, and
p.000151: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000151:
p.000151: 211 Levies for self-employed persons who purchase weekly compensation
p.000151: (1) A self-employed person who purchases weekly compensation under section 209 must pay a levy determined
p.000151: by the Corporation in accordance with regula- tions made under this Act.
p.000151: (2) The aim of levies payable by persons who purchase weekly compensation under section 209 is that they
p.000151: are sufficient to fully fund the costs arising from the purchase of compensation in the relevant period and, in
p.000151: calculating those costs, regard may be had to the variables of risk and level of compensation pur- chased.
p.000151: (3) In reporting under section 278, the Corporation must separately account for and report on—
p.000151: (a) how many persons purchase weekly compensation under section 209; and
p.000151: (b) the costs incurred in respect of the provision of weekly compensation under section 210; and
p.000151: (c) the extent to which payments of weekly compensation relate to work- related injuries or non-work
p.000151: injuries.
p.000151: Compare: 1998 No 114 s 302D
p.000151:
...
p.000159: Section 222 heading: amended, on 3 March 2010, by section 33 of the Accident Compensation Amendment Act
p.000159: 2010 (2010 No 1).
p.000159:
p.000159: Purchase of weekly compensation for periods outside employment
p.000159: 223 Persons eligible to purchase weekly compensation
p.000159: (1) A person who is or has been an earner and is a person described in subsection
p.000159: (2) may apply to purchase from the Corporation the right to receive weekly compensation in respect of a
p.000159: period for which the person would not otherwise be entitled to receive weekly compensation.
p.000159: (2) The application may be made only by a person who—
p.000159: (a) makes the application while still in employment or within 1 month after ceasing employment; and
p.000159: (b) pays the levy when required to do so.
p.000159: (3) The application must specify—
p.000159: (a) the date on which the right to receive weekly compensation will start, which may be the date
p.000159: on which the application is made or any later date; and
p.000159:
p.000159:
p.000160: 160
p.000160:
p.000160:
p.000160: Reprinted as at
p.000160: 1 April 2019 Accident Compensation Act 2001
p.000160: Part 6 s 223
p.000160:
p.000160: (b) the period for which the application is applicable, which may not be more than 2 years; and
p.000160: (c) an amount that is to be regarded as the earnings of the person for the pur- pose of the application, which
p.000160: may not exceed the weekly earnings of the person calculated under Schedule 1 as if—
p.000160: (i) the person were in permanent employment; and
p.000160: (ii) the person had an incapacity that commenced on the last full day of the employment referred to in subsection
p.000160: (2)(a) and that resul- ted from a personal injury for which he or she had cover; and
p.000160: (iia) the weekly earnings were to be calculated for a period of incap- acity after the first 5 weeks of incapacity;
p.000160: and
p.000160: (iii) the person would have continued to derive earnings from that employment but for that incapacity.
p.000160: (4) The application has no effect in respect of any personal injury suffered before the application is made.
p.000160: (5) A person who has cover under this section for any period is entitled to renew his or her cover if he or she
p.000160: does not return to work before that cover period expires.
p.000160: (6) A person who is on parental leave within the meaning of the Parental Leave and Employment Protection Act 1987,
p.000160: or who has had an application for paren- tal leave approved under that Act, is regarded as being still in employment
p.000160: for the purposes of subsection (2) and, for the purposes of subsection (3)(c), the person’s weekly earnings are to be
p.000160: calculated as if the period of incapacity was before the commencement of the person’s parental leave.
p.000160: (7) A person who is within a payment period under the Compensation for Live Organ Donors Act 2016 (or
p.000160: who is within 1 month of that period ceasing and not otherwise in employment) is regarded as being still in employment
p.000160: for the purposes of subsection (2) and, for the purposes of subsection (3)(c), the per- son’s weekly earnings are to be
p.000160: calculated as if the period of incapacity was before the commencement of the payment period.
p.000160: Compare: 1998 No 114 s 286
p.000160: Section 223(2): substituted, on 1 July 2005, by section 38 of the Injury Prevention, Rehabilitation, and Compensation
p.000160: Amendment Act (No 2) 2005 (2005 No 45).
p.000160: Section 223(3)(b): amended, on 1 August 2008, by section 24(1) of the Injury Prevention, Rehabilita- tion, and
p.000160: Compensation Amendment Act 2008 (2008 No 46).
p.000160: Section 223(3)(c)(i): amended, on 1 July 2010, by section 34 of the Accident Compensation Amend- ment Act 2010 (2010 No
p.000160: 1).
p.000160: Section 223(3)(c)(ii): substituted, on 1 August 2008, by section 24(3) of the Injury Prevention,
p.000160: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000160: Section 223(3)(c)(iia): inserted, on 1 August 2008, by section 24(3) of the Injury Prevention,
p.000160: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000160: Section 223(6): substituted, on 1 August 2008, by section 24(4) of the Injury Prevention, Rehabilita- tion, and
p.000160: Compensation Amendment Act 2008 (2008 No 46).
p.000160:
p.000161: 161
p.000161:
p.000161:
p.000161:
p.000161:
p.000161: Part 6 s 224 Accident Compensation Act 2001
p.000161: Reprinted as at 1 April 2019
p.000161:
p.000161: Section 223(7): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016 (2016 No
p.000161: 96).
p.000161:
p.000161: 224 Compensation for persons who purchase weekly compensation
p.000161: (1) A person who has purchased the right to receive weekly compensation under section 223 is entitled to
p.000161: weekly compensation for loss of potential earning capacity as if that person had earnings at the rate
p.000161: specified in the relevant agreement between the person and the Corporation, and Part 4 and Parts 2 and 4 of Schedule
p.000161: 1 apply accordingly, if the person—
p.000161: (a) suffers incapacity resulting from personal injury during the period for which the right to receive
p.000161: weekly compensation is applicable; and
p.000161: (b) has cover in relation to the personal injury under Part 2.
p.000161: (2) Weekly compensation for loss of potential earning capacity under this section is payable for not more
p.000161: than 5 years after the date on which incapacity first commenced.
p.000161: (3) Subsection (1) is subject to section 226 (resumption of employment).
p.000161: Compare: 1998 No 114 s 287
p.000161:
p.000161: 225 Levies for persons who purchase weekly compensation
p.000161: (1) Levies collected under section 223(2) are to be used to fund the Earners’ Account.
p.000161: (2) The levy payable may be prescribed in regulations made under this Act and must be assessed by
p.000161: the Corporation in any case where no levy is so pre- scribed.
p.000161: (3) Levies are to be prescribed or assessed with the aim of their being sufficient to fully fund the costs arising
p.000161: from the rights purchased under section 223 in that year.
p.000161: Compare: 1998 No 114 s 288
p.000161:
p.000161: 226 Resumption of employment by persons who purchased weekly compensation
p.000161: (1) This section applies where a person who has purchased the right to receive weekly compensation
p.000161: under section 223 resumes employment and the right is still applicable.
p.000161: (2) The person may terminate the right to receive weekly compensation early, on application to the Corporation, in
p.000161: which case the person is entitled to receive a refund of the levy paid in respect of the period between the date of the
p.000161: applica- tion and the date on which the right would otherwise terminate (so long as that period is greater than 3
p.000161: months).
p.000161: (3) If no application to terminate the right to receive weekly compensation is made, the right is
p.000161: converted into a right to receive a top-up from the Corpor- ation if the person becomes entitled to weekly
p.000161: compensation.
p.000161:
p.000161:
p.000162: 162
p.000162:
p.000162:
p.000162: Reprinted as at
p.000162: 1 April 2019 Accident Compensation Act 2001
...
p.000202: agreement.
p.000202: (2) If the insurer and the Corporation are still unable to reach an agreement under section 295(1)(e) at the
p.000202: conclusion of the mediation, either party may apply to
p.000202:
p.000202:
p.000202:
p.000203: 203
p.000203:
p.000203:
p.000203:
p.000203:
p.000203: Part 9 s 297 Accident Compensation Act 2001
p.000203: Reprinted as at 1 April 2019
p.000203:
p.000203: the District Court for a determination as to how the claimant’s entitlements should be managed and paid for.
p.000203: (3) Any application to the District Court under this section must be made to the District Court specified in
p.000203: regulations for that purpose and must be made in the prescribed manner.
p.000203: (4) In determining an application under this section, the District Court must have regard to the purpose set out
p.000203: in section 294(2) and must make a determination about which party or parties is or are liable to provide or manage the
p.000203: claimant’s entitlements in respect of both the previous injury and the subsequent injury, and in doing so must
p.000203: incorporate any matters that have already been agreed between the parties.
p.000203: (5) A determination of the District Court may allocate responsibility on a specified basis to either the insurer
p.000203: and the Corporation or to both, including in relation to entitlements that have already been provided and in relation
p.000203: to entitlements that are to be provided.
p.000203: (6) If satisfied that either the previous injury or the subsequent injury is, or was for a particular period,
p.000203: wholly or substantially causing the claimant’s ongoing incapacity or the claimant’s need for ongoing
p.000203: entitlements, the District Court may in its determination direct accordingly that the insurer or the Corporation must
p.000203: bear all of the responsibilities for entitlements from a specified time or for a specified period.
p.000203: (7) In making a determination under this section, the District Court must determine the matter according to the
p.000203: substantial merits of the situation, without regard to minor matters.
p.000203: (8) If the circumstances of the claimant change and the parties are unable to reach agreement about any changes to
p.000203: their responsibilities, either party may apply to the District Court by originating application for further
p.000203: directions in accord- ance with this section.
p.000203: 297 Entitlements not affected by court direction
p.000203: In making a determination under section 296, the District Court must not—
p.000203: (a) direct the Corporation to provide any independence allowance payable in respect of the previous
p.000203: injury; or
p.000203: (b) direct the insurer to provide any lump sum compensation or independ- ence allowance payable in respect of the
p.000203: subsequent injury.
p.000203: 298 Work-related gradual process, disease, or infection involving exposure before 1 April 2002
p.000203: (1) This section applies if a claimant suffers a personal injury caused by a work- related gradual process,
p.000203: disease, or infection on or after 1 April 2002.
p.000203: (2) If an employment task referred to in section 30(2) was performed by the claim- ant or the claimant was
p.000203: employed in an environment referred to in that provi-
p.000203:
p.000204: 204
p.000204:
p.000204:
p.000204: Reprinted as at
...
p.000206: district health board to jointly purchase emergency transport services for the purposes of clause 3 of Schedule 1.
p.000206: (2) Nothing in Part 2 of the Commerce Act 1986, other than sections 36 and 36A, applies to—
p.000206: (a) a contract, arrangement, or understanding under this section; or
p.000206: (b) any act, matter, or thing done by any person for the purposes of entering into such a contract, arrangement,
p.000206: or understanding; or
p.000206: (c) any act, matter, or thing done by any person to give effect to such a con- tract, arrangement, or
p.000206: understanding.
p.000206: (3) Nothing in section 303 prevents a contract, arrangement, or understanding under this section.
p.000206: Special leave for non-work injuries
p.000206: 306 Sick leave may be used when employer not liable for first week compensation
p.000206: (1) If an employee suffers a personal injury that is not a work-related personal injury and is not
p.000206: a motor vehicle injury described in section 29(2), and the
p.000206:
p.000206:
p.000207: 207
p.000207:
p.000207:
p.000207:
p.000207:
p.000207: Part 9 s 307 Accident Compensation Act 2001
p.000207: Reprinted as at 1 April 2019
p.000207:
p.000207: employee is incapacitated, the employee may elect to take any unused sick leave entitlement that the
p.000207: employee may have under subpart 4 of Part 2 of the Holidays Act 2003 and use it in respect of an equivalent part of the
p.000207: first week of incapacity.
p.000207: (2) This section applies to avoid doubt.
p.000207: Section 306: substituted, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).
p.000207:
p.000207: General notification provision
p.000207: 307 How documents given or information notified
p.000207: (1) This section applies when—
p.000207: (a) this Act requires a document to be given to a person; or
p.000207: (b) this Act requires a person to be notified of any information, and referen- ces in this section to a
p.000207: document being given must be applied accord- ingly.
p.000207: (2) A document that this Act requires to be given to a person must be given by the method in subsection (3)
p.000207: that the person required to give the document con- siders is most likely to ensure that the document reaches
p.000207: the person.
p.000207: (3) The methods by which a document may be given are—
p.000207: (a) personally delivering it to the person; or
p.000207: (b) posting it to a usual address of the person; or
p.000207: (c) sending it to the person by fax or some other electronic means; or
p.000207: (d) providing it to the person in a manner approved by the person.
p.000207: (4) A document personally delivered under subsection (3)(a) must, if delivered to a corporate body, be
p.000207: delivered to the corporate body’s offices during working hours.
p.000207: (5) A document posted under subsection (3)(b) is deemed to have been delivered to the person at the time it would
p.000207: have been delivered in the ordinary course of post. For the purposes of proving delivery,—
p.000207: (a) it is sufficient to prove that the document was properly addressed; and
p.000207: (b) the document is presumed, in the absence of proof to the contrary, to have been posted on the day
p.000207: on which it was dated.
...
p.000239: Compare: 1998 No 114 s 423
p.000239:
p.000239: 360 Claim for cover under former Acts not lodged until on or after 1 April 2002
p.000239: (1) Subsection (2) applies to a claim for cover, if the claim—
p.000239: (a) is for personal injury suffered before 1 April 2002; and
p.000239: (b) is not lodged with the Corporation before 1 April 2002.
p.000239: (2) A claimant has cover under this Act only if—
p.000239: (a) the claimant would have had cover under this Act, had the injury occur- red on or after 1 April 2002; and
p.000239: (b) the claimant would have had cover under the Act that was in force at the time that the person suffered the
p.000239: injury.
p.000239: (3) This section is subject to section 34.
p.000239: Section 360(3): inserted, on 5 December 2013, by section 7 of the Accident Compensation Amend- ment Act (No 2) 2013
p.000239: (2013 No 105).
p.000239:
p.000239: 361 Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if events
p.000239: before 1 April 1974 and death before 1 July 1992
p.000239: A person does not have cover for personal injury caused by a work-related gradual process, disease, or
p.000239: infection if the person—
p.000239:
p.000239:
p.000239:
p.000240: 240
p.000240:
p.000240:
p.000240: Reprinted as at
p.000240: 1 April 2019 Accident Compensation Act 2001
p.000240: Part 11 s 364
p.000240:
p.000240: (a) suffered the personal injury because, before 1 April 1974, he or she per- formed a task, or worked in an
p.000240: environment, in the circumstances described in section 30(2); and
p.000240: (b) died before 1 July 1992.
p.000240: Compare: 1998 No 114 s 424
p.000240:
p.000240: First week compensation for incapacity commencing before 1 April 2002
p.000240: 362 First week compensation for incapacity commencing before 1 April 2002
p.000240: (1) This section applies to a person who,—
p.000240: (a) immediately before 1 April 2002, was entitled to compensation under section 76 or section 425 of the
p.000240: Accident Insurance Act 1998; and
p.000240: (b) on and after 1 April 2002, would have continued to be so entitled had the Accident Insurance Act 1998 not been
p.000240: repealed.
p.000240: (2) On and after 1 April 2002, the person continues to be entitled to compensation under whichever of those
p.000240: sections applies to him or her.
p.000240: (3) To avoid doubt, this section does not apply in relation to any period of incap- acity that commences on or
p.000240: after 1 April 2002.
p.000240: Compare: 1998 No 114 s 425
p.000240:
p.000240: Entitlements for personal injury suffered before 1 April 2002
p.000240: 363 Application of sections 364 to 387
p.000240: (1) Sections 364 to 380 provide for entitlements for a person who, having suffered personal injury before 1 April
p.000240: 2002, has cover accepted under any of sections 355 to 360.
p.000240: (2) Sections 381 to 387 provide for entitlements for the spouse or partner, children, and other dependants of such
p.000240: a person, if the personal injury for which the per- son has cover is death or is physical injuries from which he or she
p.000240: dies.
p.000240: (3) The provision of entitlements arising from cover accepted under any of sec- tions 355 to 360 is
p.000240: subject to Part 4 and Schedule 1, unless the effect of any of sections 364 to 391 is to the contrary.
p.000240: Compare: 1998 No 114 s 426
p.000240: Section 363(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000240: Amendment Act 2005 (2005 No 12).
p.000240:
p.000240: Treatment
p.000240:
...
p.000241: (2) The compensation is weekly compensation—
p.000241: (a) based on weekly earnings calculated under section 287 or clauses 7 to 22 of Schedule 1 of the Accident
p.000241: Insurance Act 1998; or
p.000241: (b) paid at an agreed rate under section 302C of that Act; or
p.000241: (c) continued under section 428 or section 429 of that Act.
p.000241: (3) On and after 1 April 2002, the compensation under subsection (2) continues to be payable at the rate payable
p.000241: as if it were calculated under this Act.
p.000241: (4) However, the person’s continued eligibility for weekly compensation and adjustments to the rate at
p.000241: which it is paid are subject to this Act.
p.000241: (5) Despite subclause (4), clause 42 of Schedule 1 does not apply to the person if he or she is receiving weekly
p.000241: compensation calculated under—
p.000241: (a) the Accident Compensation Act 1972; or
p.000241: (b) the Accident Compensation Act 1982.
p.000241: Compare: 1998 No 114 s 428
p.000241:
p.000241: 366 Weekly earnings of certain claimants increased
p.000241: (1) This section applies to a claimant who, immediately before 1 April 2002,—
p.000241: (a) is entitled to weekly compensation for loss of potential earning capacity under clause 22 of Schedule 1
p.000241: of the Accident Insurance Act 1998 or section 46 of the Accident Rehabilitation and Compensation
p.000241: Insurance Act 1992; or
p.000241: (b) was not receiving weekly compensation calculated under the Accident Compensation Act 1972 or the
p.000241: Accident Compensation Act 1982, and had weekly earnings less than the minimum weekly earnings determined under
p.000241: clause 42(3) of Schedule 1, and was, immediately before his or her incapacity commenced,—
p.000241: (i) in full-time employment; or
p.000241: (ii) liable to pay the minimum annual earner premium.
p.000241:
p.000241:
p.000241:
p.000242: 242
p.000242:
p.000242:
p.000242: Reprinted as at
p.000242: 1 April 2019 Accident Compensation Act 2001
p.000242: Part 11 s 368
p.000242:
p.000242: (2) For the purpose of calculating weekly compensation for loss of earnings pay- able to the claimant, the
p.000242: claimant is deemed to have had, immediately before 1 April 2002, the minimum weekly earnings as determined, at the
p.000242: commence- ment of this Act, under clause 42(3) of Schedule 1.
p.000242: Section 366(1)(b): amended, on 1 August 2008, by section 31 of the Injury Prevention, Rehabilita- tion, and
p.000242: Compensation Amendment Act 2008 (2008 No 46).
p.000242:
p.000242: 367 Multiple employment
p.000242: (1) For the purposes of this section, weekly earnings means—
p.000242: (a) weekly earnings determined under the Accident Insurance Act 1998 or the Accident Rehabilitation and
p.000242: Compensation Insurance Act 1992; and
p.000242: (b) relevant earnings determined under the Accident Compensation Act 1972 or the Accident Compensation Act
p.000242: 1982.
p.000242: (2) The weekly compensation under section 365 must be recalculated in accord- ance with subsection (3)
p.000242: if—
p.000242: (a) the person’s weekly compensation is not based on weekly earnings from all employments in which he or she
p.000242: was engaged at the date of com- mencement of any period of incapacity for which he or she is receiving weekly
p.000242: compensation immediately before 1 April 2002; and
p.000242: (b) a period of incapacity commences on or after 1 April 2002 for 1 or more of the employments referred to in
p.000242: paragraph (a).
p.000242: (3) The weekly compensation must be recalculated—
p.000242: (a) by recalculating weekly earnings as if the person were incapacitated for all employments engaged in at
p.000242: the commencement of the period of incapacity referred to in subsection (2)(a); and
p.000242: (b) by applying the method of calculation provided for in whichever of the former Acts applied at the commencement
p.000242: of that period of incapacity; and
p.000242: (c) by multiplying the weekly earnings calculated under paragraph (a) by 80%.
p.000242: (4) The weekly compensation recalculated under subsection (3) must be adjusted in accordance with any Orders in
p.000242: Council and any regulations that apply since the weekly earnings were first calculated.
p.000242: (5) Weekly compensation recalculated under subsection (3) is payable only from the date of the commencement of the
p.000242: period of incapacity referred to in subsec- tion (2)(b).
p.000242: 368 Weekly payments for permanent incapacity under 1972 and 1982 Acts
p.000242: (1) Section 369 and clause 51 of Schedule 1 do not apply to any payment calcula- ted under section 114 of the
p.000242: Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982.
p.000242:
p.000242:
p.000243: 243
p.000243:
p.000243:
p.000243:
p.000243:
p.000243: Part 11 s 369 Accident Compensation Act 2001
p.000243: Reprinted as at 1 April 2019
p.000243:
p.000243: (2) Subsection (3) applies to a person who—
p.000243: (a) was receiving a payment under section 114 of the Accident Compensa- tion Act 1972 or section 60 of the
p.000243: Accident Compensation Act 1982 immediately before 1 April 2002; and
p.000243: (b) continues to receive it after that date under section 365(3); and
p.000243: (c) suffers a deterioration of his or her condition caused by the personal injury or another personal
p.000243: injury covered by this Act that results in loss of earnings.
p.000243: (3) The weekly payment payable to the person is the greater of—
p.000243: (a) the weekly compensation calculated under Part 2 of Schedule 1; or
p.000243: (b) the weekly amount payable under section 365(3).
p.000243: (4) No compensation is payable under this section or section 365 unless—
p.000243: (a) an assessment of compensation has been made under section 114 of the Accident Compensation Act 1972 or
p.000243: section 60 of the Accident Com- pensation Act 1982; and
p.000243: (b) the assessment was completed—
p.000243: (i) before 1 October 1992; or
p.000243: (ii) on or after 1 October 1992 only because an application for review of a decision about the assessment was
p.000243: lodged before 1 October 1992 under Part 9 of the Accident Compensation Act 1982.
p.000243: Compare: 1998 No 114 s 431
p.000243:
...
p.000277: 277
p.000277: 19 Modifications to home: rights and responsibilities 278
p.000277: 20 Training for independence 279
p.000277:
p.000277: 21 Transport for independence: matters to which Corporation must have regard
p.000279: 279
p.000279: 22 Transport for independence: rights and responsibilities 280
p.000261: 261
p.000261:
p.000261: Schedule 1 Accident Compensation Act 2001
p.000261: Reprinted as at 1 April 2019
p.000261:
p.000261: 23 Corporation not liable to ensure claimant pays rehabilitation provider
p.000282: 282
p.000282: Vocational rehabilitation
p.000282: 24 Occupational assessor 282
p.000282: 25 Conduct of occupational assessment 282
p.000282: 26 Report on occupational assessment 282
p.000282: 27 Medical assessor
p.000283: 283
p.000283: 28 Conduct of medical assessment 283
p.000283: 29 Report on medical assessment 284
p.000283: Part 2 Weekly compensation
p.000283: 30 Meaning of relevant year 285
p.000283: 31 Use of income tax returns in determining earnings 285
p.000283: Corporation to pay weekly compensation after first week of incapacity
p.000283:
p.000283: 32 Corporation to pay weekly compensation for loss of earnings to claimant who was earner
p.000283: Employee in permanent employment
p.000283: 33 Weekly earnings if earner had earnings as employee immediately before incapacity commenced: application of
p.000283: clause 34
p.000283: 34 Weekly earnings if earner had earnings as an employee in permanent employment immediately before
p.000283: incapacity commenced: calculations
p.000283: Employee not in permanent employment
p.000283: 35 Weekly earnings if earner had earnings as employee not in permanent employment immediately before
p.000283: incapacity commenced: application of clause 36
p.000283: 36 Weekly earnings if earner had earnings as employee not in permanent employment immediately before
p.000283: incapacity commenced: calculations
p.000283: Self-employed claimant
p.000283: 37 Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced:
p.000283: application of clause 38
p.000283: 38 Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced:
p.000283: calculations
p.000283: 38A Weekly earnings if self-employed claimant had earnings as a shareholder-employee in the relevant year
p.000285: 285
p.000285:
p.000285:
p.000286: 286
p.000286:
p.000287: 287
p.000287:
p.000287:
p.000287:
p.000288: 288
p.000288:
p.000288:
p.000288: 288
p.000288:
p.000288:
p.000288:
p.000289: 289
p.000289:
p.000289:
p.000290: 290
p.000290:
p.000292: 292
p.000292:
p.000292:
p.000292:
p.000292:
p.000292:
p.000262: 262
p.000262:
p.000262:
p.000262: Reprinted as at
p.000262: 1 April 2019 Accident Compensation Act 2001
p.000262: Schedule 1
p.000262:
p.000262:
p.000262: Shareholder-employee
p.000262: 39 Weekly earnings if claimant had earnings as shareholder-employee immediately before incapacity commenced
p.000262: 40 Weekly earnings if claimant as shareholder-employee had earnings as self-employed person in relevant year
p.000262: Aggregation of calculations
p.000262:
p.000293: 293
p.000293:
p.000295: 295
p.000295: 41 Calculations for multiple employment situations 295
p.000295: Adjustments for low earners
p.000295:
p.000295: 42 Weekly earnings of earners in full-time employment: increase in certain circumstances
p.000295: Claimant no longer an employee
p.000295: 43 Weekly earnings if employment ended before commencement of incapacity
p.000296: 296
p.000296:
p.000296:
p.000298: 298
p.000298:
p.000298: Employee on unpaid parental leave
p.000298: 44 Weekly earnings if employee on unpaid parental leave immediately before his or her incapacity commenced
p.000298: Claimant who is recuperating organ donor
p.000298: 44A Weekly earnings if claimant receiving earnings compensation as organ donor immediately before his or her
p.000298: incapacity commenced
p.000298: Employee who has consecutive periods of unpaid parental leave and recuperation from organ donation
p.000298: 44B Weekly earnings if employee has consecutive periods of unpaid parental leave and earnings compensation as
p.000298: organ donor
p.000298: Estimated earnings
p.000298:
p.000300: 300
p.000300:
p.000300:
p.000300: 300
p.000300:
p.000300:
p.000300:
p.000301: 301
p.000301: 45 Interim estimation of weekly earnings that cannot be ascertained 302
p.000301: Maximum compensation
p.000301: 46 Maximum weekly compensation for loss of earnings 303
p.000301: Corporation to pay weekly compensation to potential earners
p.000301:
p.000301: 47 Corporation to pay weekly compensation for loss of potential earnings capacity
p.000303: 303
p.000303: Further injury
p.000303: 48 Effect of further injury on entitlement to weekly compensation 304
p.000303: Abatement
p.000303: 49 Earnings definitions for purposes of clause 51 304
p.000303:
p.000303: 50 Estimation for abatement purposes of earnings that cannot be ascertained
p.000305: 305
p.000305: 51 Abatement of compensation 305
p.000263: 263
p.000263:
p.000263: Schedule 1 Accident Compensation Act 2001
p.000263: Reprinted as at 1 April 2019
p.000263:
p.000263: Effect of New Zealand superannuation
p.000263: 52 Relationship between weekly compensation and New Zealand superannuation
p.000306: 306
p.000306: 53 Election for purposes of clause 52 307
p.000306: Part 3
...
p.000281: Reprinted as at 1 April 2019
p.000281:
p.000281: 23 Corporation not liable to ensure claimant pays rehabilitation provider
p.000281: The Corporation is not liable—
p.000281: (a) to ensure that the claimant pays any rehabilitation provider that delivers a social rehabilitation service to
p.000281: the claimant; or
p.000281: (b) to pay that provider directly, if the claimant does not pay.
p.000281: Compare: 1998 No 114 Schedule 1 cl 52
p.000281:
p.000281: Vocational rehabilitation
p.000281: 24 Occupational assessor
p.000281: An occupational assessment must be undertaken by an assessor whom the Cor- poration considers has the appropriate
p.000281: qualifications and experience to do the assessment required in the particular case.
p.000281: Compare: 1998 No 114 s 95
p.000281:
p.000281: 25 Conduct of occupational assessment
p.000281: (1) An occupational assessor undertaking an occupational assessment as part of an assessment of a claimant’s
p.000281: vocational independence under section 108 may—
p.000281: (a) take into account information provided by the Corporation and the claimant; and
p.000281: (b) consider the individual rehabilitation plan prepared for the claimant and review the vocational rehabilitation
p.000281: carried out under the plan; and
p.000281: (c) discuss with the claimant all the types of work that the assessor identifies as suitable for the claimant; and
p.000281: (d) consider any comments the claimant makes to the assessor about those types of work.
p.000281: (1A) In considering the suitability of the types of work referred to in subclause (1)(c), the
p.000281: occupational assessor may take into account, among other things, the claimant’s earnings before the claimant’s
p.000281: incapacity.
p.000281: (2) The Corporation must provide to an occupational assessor all information the Corporation has that is relevant
p.000281: to an occupational assessment.
p.000281: Schedule 1 clause 25(1A): inserted, on 1 October 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and
p.000281: Compensation Amendment Act 2008 (2008 No 46).
p.000281: Schedule 1 clause 25(1A): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000281: (2010 No 1).
p.000281:
p.000281: 26 Report on occupational assessment
p.000281: (1) The occupational assessor must prepare and provide to the Corporation a report on the occupational assessment
p.000281: specifying—
p.000281: (a) the claimant’s work experience; and
p.000281: (b) the claimant’s education, including any incomplete formal qualifications; and
p.000281:
p.000282: 282
p.000282:
p.000282:
p.000282: Reprinted as at
p.000282: 1 April 2019 Accident Compensation Act 2001
p.000282: Schedule 1
p.000282:
p.000282: (c) any work-related training in which the claimant has participated; and
p.000282: (d) all skills that the assessor has reasonably identified the claimant as hav- ing; and
p.000282: (e) the vocational rehabilitation that the claimant has received under the individual rehabilitation plan
p.000282: or in any other way; and
p.000282: (f) the outcome of the vocational rehabilitation; and
p.000282: (g) all types of work reasonably identified as suitable for the claimant; and
p.000282: (h) in relation to each type of work, the requirements of that type of work, including any environmental
p.000282: modifications that the assessor identifies as necessary to enable the claimant to function safely in that type of work.
...
p.000283: specifying—
p.000283: (a) relevant details about the claimant, including details of the claimant’s injury; and
p.000283: (b) relevant details about the clinical examination of the claimant under- taken by the assessor,
p.000283: including the methods used and the assessor’s findings from the examination; and
p.000283: (c) the results of any additional assessments of the claimant’s condition; and
p.000283: (d) the assessor’s opinion of the claimant’s vocational independence in rela- tion to each of the types of work
p.000283: identified in the occupational assessor’s report; and
p.000283: (e) any comments made by the claimant to the assessor relating to the claim- ant’s injury and vocational
p.000283: independence in relation to each of the types of work identified in the occupational assessor’s report.
p.000283: (2) The report must also identify any conditions that—
p.000283: (a) prevent the claimant from having vocational independence; and
p.000283: (b) are not related to the claimant’s injury.
p.000283: (3) The Corporation must provide a copy of the report to the claimant.
p.000283: Compare: 1998 No 114 s 100
p.000283:
p.000283:
p.000283:
p.000283:
p.000283:
p.000283:
p.000283:
p.000283:
p.000284: 284
p.000284:
p.000284:
p.000284: Reprinted as at
p.000284: 1 April 2019 Accident Compensation Act 2001
p.000284: Schedule 1
p.000284:
p.000284: Part 2 Weekly compensation
p.000284: 30 Meaning of relevant year
p.000284: (1) In this Part, relevant year means the most recent tax year (as defined in section YA 1 of the Income Tax Act
p.000284: 2007) last ended before the commencement of the period of incapacity.
p.000284: (2) However, in the case of a self-employed person or a shareholder-employee, the relevant year is the most
p.000284: recent year ending with the balance date (whether
p.000284: 31 March or another date) of the self-employed person or shareholder- employee before the commencement of the
p.000284: period of incapacity.
p.000284: Compare: 1998 No 114 Schedule 1 cl 5
p.000284: Schedule 1 clause 30(1): amended, on 1 April 2008 (effective for 2008–09 income year and later income
p.000284: years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000284: Schedule 1 clause 30(1): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years,
p.000284: except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000284:
p.000284: 31 Use of income tax returns in determining earnings
p.000284: If the Corporation is determining earnings under this Part in relation to a self- employed person or a
p.000284: shareholder-employee, it must take an income tax return into account, if—
p.000284: (a) the claimant has given the return to the Commissioner; and
p.000284: (b) the Corporation considers that the return, and any related accounts, have not been unreasonably influenced by—
p.000284: (i) the fact of the claimant’s incapacity; or
p.000284: (ii) the effects or likely effects of the incapacity on the claimant’s income or business activities.
p.000284: Compare: 1998 No 114 Schedule 1 cl 6
p.000284:
p.000284: Corporation to pay weekly compensation after first week of incapacity
p.000284: 32 Corporation to pay weekly compensation for loss of earnings to claimant who was earner
p.000284: (1) The Corporation is liable to pay weekly compensation for loss of earnings to a claimant who—
p.000284: (a) has an incapacity resulting from a personal injury for which he or she has cover; and
p.000284: (b) was an earner immediately before his or her incapacity commenced.
p.000284: (2) The claimant is entitled to weekly compensation for loss of earnings—
p.000284: (a) on and from the day after the first week of incapacity ends; and
p.000284:
p.000284:
p.000285: 285
p.000285:
p.000285:
p.000285:
p.000285:
p.000285: Schedule 1 Accident Compensation Act 2001
p.000285: Reprinted as at 1 April 2019
p.000285:
p.000285: (b) for any period of incapacity, after that first week, resulting from the per- sonal injury for which he or she
p.000285: has cover.
p.000285: (3) The weekly compensation payable is 80% of the claimant’s weekly earnings, as calculated under clauses 33 to 45
p.000285: and 48.
p.000285: (4) Subclause (3) is subject to clauses 46, 51, 52, and 53.
p.000285: (5) The amount of weekly compensation payable to the claimant must be adjusted in the manner provided in section
p.000285: 115.
p.000285: (6) In this clause, earner includes a person who has purchased weekly compensa- tion under section 223.
p.000285: Compare: 1998 No 114 Schedule 1 cl 7
p.000285:
p.000285: Employee in permanent employment
p.000285: Heading: amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000285:
p.000285: 33 Weekly earnings if earner had earnings as employee immediately before incapacity commenced: application of
p.000285: clause 34
p.000285: (1) Clause 34 applies to a claimant who—
p.000285: (a) was an earner immediately before his or her incapacity commenced; and
p.000285: (b) was in permanent employment at that time; and
p.000285: (c) had earnings as an employee from that permanent employment at that time.
p.000285: (2) If the claimant had permanent employment with more than 1 employer at that time, the weekly earnings of the
p.000285: claimant, in respect of each employer he or she had at that time, are as calculated separately under clause 34 and
p.000285: aggrega- ted under clause 41.
p.000285: (3) For the purposes of this clause and clause 34, the claimant is regarded as hav- ing been in permanent
p.000285: employment if, in the opinion of the Corporation, he or she would have continued to receive earnings from that
p.000285: employment for a con- tinuous period of more than 12 months after the date on which his or her incap- acity commenced,
p.000285: if he or she had not suffered the personal injury.
p.000285: (4) Subclause (5) applies if—
p.000285: (a) the claimant was in permanent employment (that was full-time employ- ment) as an employee immediately
p.000285: before his or her incapacity com- menced; and
p.000285: (b) before the employment, the claimant was employed by the same employer for less than 30 hours
p.000285: per week.
p.000285: (5) The weekly earnings of the claimant is the greater of—
p.000285: (a) the claimant’s weekly earnings calculated in accordance with clause 34:
p.000285:
p.000285:
p.000285:
p.000285:
p.000286: 286
p.000286:
p.000286:
p.000286: Reprinted as at
p.000286: 1 April 2019 Accident Compensation Act 2001
p.000286: Schedule 1
p.000286:
p.000286: (b) the claimant’s weekly earnings calculated in accordance with clause 36, as if the claimant were not in
p.000286: permanent employment immediately before his or her incapacity commenced.
p.000286: Schedule 1 clause 33: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000286: Amendment Act 2010 (2010 No 1).
p.000286:
p.000286: 34 Weekly earnings if earner had earnings as an employee in permanent employment immediately before incapacity
p.000286: commenced: calculations
p.000286: (1) This subclause applies to each of the 4 weeks after the first week of incapacity. The claimant’s weekly
p.000286: earnings for each of the 4 weeks are calculated using the following formula:
p.000286: a ÷ b
p.000286: where—
p.000286: a is the claimant’s earnings as an employee (from that permanent employ- ment) in the 4 weeks immediately
p.000286: before his or her incapacity com- menced
p.000286: b is the number of full or part weeks during which the claimant earned those earnings as an employee
p.000286: in those 4 weeks.
p.000286: (2) This subclause applies to any weekly period of incapacity after the 4 weeks described in
p.000286: subclause (1). The claimant’s weekly earnings for any such weekly period are calculated using the following
p.000286: formula:
p.000286: a ÷ b
p.000286: where—
p.000286: a is the claimant’s earnings as an employee (from employment with that employer) in the 52 weeks
p.000286: immediately before his or her incapacity commenced
p.000286: b is the number of full or part weeks during which the claimant earned those earnings as an
p.000286: employee.
p.000286: (3) For the purposes of this clause the following must be disregarded in calculating weekly earnings:
p.000286: (a) any period during which the claimant was entitled to weekly compensa- tion; and
p.000286: (b) any earnings in respect of any such period.
p.000286: Compare: 1998 No 114 Schedule 1 cl 9
p.000286: Schedule 1 clause 34 heading: amended, on 1 July 2010, by section 47(1) of the Accident Compensa- tion Amendment Act
p.000286: 2010 (2010 No 1).
p.000286: Schedule 1 clause 34(1) item a: amended, on 1 July 2010, by section 47(1) of the Accident Compen- sation Amendment Act
p.000286: 2010 (2010 No 1).
p.000286: Schedule 1 clause 34(2) item a: amended, on 1 July 2010, by section 47(1) of the Accident Compen- sation Amendment Act
p.000286: 2010 (2010 No 1).
p.000286:
p.000286:
p.000286:
p.000287: 287
p.000287:
p.000287:
p.000287:
p.000287:
p.000287: Schedule 1 Accident Compensation Act 2001
p.000287: Reprinted as at 1 April 2019
p.000287:
p.000287: Employee not in permanent employment
p.000287: 35 Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity
p.000287: commenced: application of clause 36
p.000287: (1) Clause 36 applies to a claimant who—
p.000287: (a) was an earner immediately before his or her incapacity commenced; and
p.000287: (b) had at that time earnings as an employee (from employment that was not permanent employment).
p.000287: (2) For the purposes of this clause and clause 36, employment is not permanent employment if, in the
p.000287: opinion of the Corporation, the claimant would have not continued to receive earnings from that employment for a
p.000287: continuous period of more than 12 months after the date on which his or her incapacity commenced, if he or she had not
p.000287: suffered the personal injury.
p.000287: Schedule 1 clause 35: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000287: Amendment Act 2010 (2010 No 1).
p.000287:
p.000287: 36 Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity
p.000287: commenced: calculations
p.000287: (1) This subclause applies to each of the 4 weeks after the first week of incapacity. The claimant’s weekly
p.000287: earnings for each of the 4 weeks are calculated using the following formula:
p.000287: a ÷ b
p.000287: where—
p.000287: a is the claimant’s earnings as an employee (from all employment that was not permanent employment) in the
p.000287: 4 weeks immediately before his or her incapacity commenced
p.000287: b is the number of full or part weeks during which the claimant earned those earnings as an employee
p.000287: in the 4 weeks immediately before his or her incapacity commenced.
p.000287: (2) This subclause applies to any weekly period of incapacity after the 4 weeks described in
p.000287: subclause (1). The claimant’s weekly earnings for any such weekly period are calculated using the following
p.000287: formula:
p.000287: a ÷ b
p.000287: where—
p.000287: a is the claimant’s earnings as an employee (from all employment that was not permanent employment) in the 52
p.000287: weeks immediately before his or her incapacity commenced
p.000287: b is 52 or such smaller number, if adjustments are required under sub- clause (4).
p.000287:
p.000287:
p.000287:
p.000288: 288
p.000288:
p.000288:
p.000288: Reprinted as at
p.000288: 1 April 2019 Accident Compensation Act 2001
p.000288: Schedule 1
p.000288:
p.000288: (3) For the purposes of this clause the following must be disregarded in calculating weekly earnings:
p.000288: (a) any period during which the claimant was entitled to weekly compensa- tion:
p.000288: (b) any continuous period of unpaid sick leave, during a period of employ- ment, of more than 1 week:
p.000288: (ba) any period during which the claimant was within a payment period under the Compensation for Live
p.000288: Organ Donors Act 2016:
p.000288: (c) any period during which—
p.000288: (i) the claimant did not receive earnings as an employee; and
p.000288: (ii) the claimant did receive earnings as a self-employed person or as a shareholder-employee; and
p.000288: (iii) those earnings ceased before the commencement of the claimant’s incapacity:
p.000288: (d) any earnings in respect of any period under paragraph (a), (b), (ba), or (c).
p.000288: (4) In item b of the formula set out in subclause (2), the expression 52 is adjusted by deducting from it any
p.000288: number of weekly periods that subclause (3)(a), (b), or (c) applies to.
p.000288: (5) For the purposes of subclause (3)(c), the Corporation may determine the num- ber of weeks that fairly and
p.000288: reasonably represent the period during which the claimant received earnings as a self-employed person or as a
p.000288: shareholder- employee.
p.000288: Schedule 1 clause 36: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000288: Amendment Act 2010 (2010 No 1).
p.000288: Schedule 1 clause 36(3)(ba): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act
p.000288: 2016 (2016 No 96).
p.000288: Schedule 1 clause 36(3)(d): amended, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act
p.000288: 2016 (2016 No 96).
p.000288:
p.000288: Self-employed claimant
p.000288: 37 Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced:
p.000288: application of clause 38
p.000288: (1) Clause 38 applies to a claimant who had earnings as a self-employed person immediately before his or her
p.000288: incapacity commenced.
p.000288: (2) The weekly earnings of such a claimant are as calculated under clause 38.
p.000288: (3) For the purposes of clause 38, if the claimant’s income tax return for the rele- vant year is not available,
p.000288: the income tax return for the next previous year must be used for the calculation of weekly earnings until the earlier
p.000288: of the following events:
p.000288:
p.000288:
p.000289: 289
p.000289:
p.000289:
p.000289:
p.000289:
p.000289: Schedule 1 Accident Compensation Act 2001
p.000289: Reprinted as at 1 April 2019
p.000289:
p.000289: (a) the first-mentioned income tax return is available; or
p.000289: (b) 3 months have passed after the incapacity commenced.
p.000289: (4) If the claimant’s income tax return for the relevant year remains unavailable at the end of the 3-month
p.000289: period in subclause (3)(b), the Corporation can pay weekly compensation only as an advance under section 131.
p.000289: (5) If the Corporation—
p.000289: (a) applies subclause (3); and
p.000289: (b) pays weekly compensation; and
p.000289: (c) subsequently finds that the weekly compensation it paid is greater than that it would have paid if the
p.000289: claimant’s income tax return for the rele- vant year had been available,—
p.000289: the Corporation may recover the difference, either as a debt due to it or by deducting it from any
p.000289: entitlement otherwise payable to the claimant (whether or not in respect of the same personal injury).
p.000289: Compare: 1998 No 114 Schedule 1 cl 14
p.000289:
p.000289: 38 Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced:
p.000289: calculations
p.000289: (1) The weekly earnings of an earner who had earnings as a self-employed person immediately before the incapacity
p.000289: commenced are,—
p.000289: (a) for the first 4 weeks after the first week of incapacity, the greater of the relevant amount calculated under
p.000289: subclause (2) or the amount under sub- clause (3):
p.000289: (b) for any period of incapacity after the 4 weeks referred to in paragraph (a), the relevant amount calculated
p.000289: under subclause (2).
p.000289: (2) The amounts that apply under this subclause are,—
p.000289: (a) for claimants who first commenced receiving earnings as self-employed persons in the tax year in which the
p.000289: incapacity commenced, the amount calculated using the following formula:
p.000289: a ÷ b
p.000289: where—
p.000289: a is the total of the claimant’s earnings as an employee in the 52 weeks immediately before the
p.000289: incapacity commenced
p.000289: b is the number of full or part weeks during which the claimant earned those earnings as an employee:
p.000289: (b) for claimants for whom the relevant year was the first year during which they received earnings as a
p.000289: self-employed person, the amount calculated using the following formula:
p.000289: (a + b) ÷ c
p.000289:
p.000289:
p.000290: 290
p.000290:
p.000290:
p.000290: Reprinted as at
p.000290: 1 April 2019 Accident Compensation Act 2001
p.000290: Schedule 1
p.000290:
p.000290: where—
p.000290: a is the claimant’s total earnings as an employee in the 52 weeks immediately before his or her
p.000290: incapacity commenced
p.000290: b is the claimant’s earnings as a self-employed person in the rele- vant year
p.000290: c is the combined number of full or part weeks during which the claimant earned those earnings as an
p.000290: employee and the number of weeks that the Corporation considers fairly and reasonably repre- sents the number of weeks
p.000290: or part weeks during which the claim- ant earned those earnings as a self-employed person in the rele- vant
p.000290: year, up to a combined maximum of 52 weeks or the total number of weeks in the claimant’s relevant
p.000290: year if the relevant year is more than 52 weeks:
p.000290: (c) for all other claimants, the amount calculated using the following for- mula:
p.000290: a ÷ c + b ÷ d
p.000290: where—
p.000290: a is the claimant’s total earnings as an employee in the 52 weeks immediately before his or her
p.000290: incapacity commenced
p.000290: b is the claimant’s earnings as a self-employed person in the rele- vant year
p.000290: c is 52 or such smaller number, if an adjustment is required under subclause (3A)
p.000290: d is the number of weeks in the relevant year or such smaller num- ber, if an adjustment is required under
p.000290: subclause (3A).
p.000290: (3) The amount that applies under this subclause is the amount of minimum weekly earnings as determined
p.000290: under clause 42(3), if the claimant is an earner who is liable to pay the minimum levy set out in regulations made for
p.000290: the pur- poses of section 168B.
p.000290: (3A) The numbers referred to in items c and d of the formula in subclause (2)(c) must be adjusted by
p.000290: deducting any period during which the claimant was within a payment period under the Compensation for Live
p.000290: Organ Donors Act 2016.
p.000290: (4) A claimant is eligible for the greater of—
p.000290: (a) the amount calculated under subclause (2) with the inclusion of earnings as an employee in the calculation;
p.000290: and
p.000290: (b) the amount calculated under subclause (2) with the exclusion of earnings as an employee from the calculation.
p.000290:
p.000290:
p.000290:
p.000290:
p.000291: 291
p.000291:
p.000291:
p.000291:
p.000291:
p.000291: Schedule 1 Accident Compensation Act 2001
p.000291: Reprinted as at 1 April 2019
p.000291:
p.000291: (5) If the claimant’s weekly earnings are calculated under subclause (2) with the inclusion of his or her earnings
p.000291: as an employee, the claimant is not also eligible to have his or her weekly earnings calculated under clauses 33 to 36.
p.000291: (6) This clause applies to claims for weekly compensation made on or after 1 July 2005, whether made in respect of
p.000291: a period of incapacity that started before the day on which this clause comes into force or that starts on or after
p.000291: that day.
p.000291: (7) To avoid doubt, if a claim for weekly compensation is made in respect of a period of incapacity
p.000291: that commenced before 1 July 2005, this clause—
p.000291: (a) applies only to the calculation of weekly earnings for the purposes of weekly compensation that
p.000291: is payable for a period commencing on or after 1 July 2005; and
p.000291: (b) does not authorise an increase to the rate of weekly compensation that is payable for a period before 1 July
p.000291: 2005.
p.000291: Schedule 1 clause 38: substituted, on 1 July 2005, by section 60(1) of the Injury Prevention, Rehabili- tation, and
p.000291: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000291: Schedule 1 clause 38(2)(c) formula item c: amended, on 5 December 2017, by section 30 of the Com- pensation for Live
p.000291: Organ Donors Act 2016 (2016 No 96).
p.000291: Schedule 1 clause 38(2)(c) formula item d: amended, on 5 December 2017, by section 30 of the
p.000291: Compensation for Live Organ Donors Act 2016 (2016 No 96).
p.000291: Schedule 1 clause 38(3): amended, on 1 April 2007, by section 13(1) of the Injury Prevention,
p.000291: Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
p.000291: Schedule 1 clause 38(3A): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ
p.000291: Donors Act 2016 (2016 No 96).
p.000291: Schedule 1 clause 38(5): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000291: Amendment Act 2010 (2010 No 1).
p.000291: Schedule 1 clause 38(7): added, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000291: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000291:
p.000291: 38A Weekly earnings if self-employed claimant had earnings as a shareholder- employee in the relevant year
p.000291: (1) This clause applies if the claimant—
p.000291: (a) had earnings as a self-employed person immediately before the com- mencement of his or her
p.000291: incapacity; and
p.000291: (b) did not have earnings as a self-employed person in the relevant year; and
p.000291: (c) did have earnings as a shareholder-employee in the relevant year; and
p.000291: (d) had been employed continuously even though the claimant changed from receiving earnings as a
p.000291: shareholder-employee to receiving earnings as a self-employed person.
p.000291: (2) The claimant’s weekly earnings must be calculated under clause 38(2) using the claimant’s earnings
p.000291: as a shareholder-employee as if they were the claim- ant’s earnings as a self-employed person in the relevant
p.000291: year.
p.000291: Schedule 1 clause 38A: inserted, on 1 July 2005, by section 60(1) of the Injury Prevention, Rehabili- tation, and
p.000291: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000291:
p.000291:
p.000292: 292
p.000292:
p.000292:
p.000292: Reprinted as at
p.000292: 1 April 2019 Accident Compensation Act 2001
p.000292: Schedule 1
p.000292:
p.000292: Shareholder-employee
p.000292: 39 Weekly earnings if claimant had earnings as shareholder-employee immediately before incapacity commenced
p.000292: (1) The weekly earnings of a claimant who had earnings as a shareholder- employee immediately before
p.000292: his or her incapacity commenced are the higher of—
p.000292: (a) the relevant amount calculated under clause 34 or clause 36, whichever is applicable; and
p.000292: (b) the relevant amount calculated under subclause (2).
p.000292: (2) The amounts to be calculated under this subclause are,—
p.000292: (a) for claimants who first commenced receiving earnings as a shareholder- employee in the tax year in which
p.000292: the incapacity commenced, the amount calculated using the following formula:
p.000292: a ÷ b
p.000292: where—
p.000292: a is the total of the claimant’s earnings as an employee in the 52 weeks immediately before the
p.000292: incapacity commenced
p.000292: b is the number of full or part weeks during which the claimant earned those earnings as an employee:
p.000292: (b) for claimants for whom the relevant year was the first year during which they received earnings as a
p.000292: shareholder-employee, the amount calculated using the following formula:
p.000292: (a + b) ÷ c
p.000292: where—
p.000292: a is the claimant’s total earnings as an employee in the 52 weeks immediately before his or her
p.000292: incapacity commenced
p.000292: b is the claimant’s earnings as a shareholder-employee in the rele- vant year
p.000292: c is the combined number of full or part weeks during which the claimant earned those earnings as an
p.000292: employee and the number of weeks that the Corporation considers fairly and reasonably repre- sents the number of weeks
p.000292: or part weeks during which the claim- ant earned those earnings as a shareholder-employee in the rele- vant year, up
p.000292: to a combined maximum of 52 weeks or the total number of weeks in the claimant’s relevant year if the
p.000292: relevant year is more than 52 weeks:
p.000292: (c) for all other claimants, the amount calculated using the following for- mula:
p.000292: a ÷ c + b ÷ d
p.000292:
p.000293: 293
p.000293:
p.000293:
p.000293:
p.000293:
p.000293: Schedule 1 Accident Compensation Act 2001
p.000293: Reprinted as at 1 April 2019
p.000293:
p.000293: where—
p.000293: a is the claimant’s total earnings as an employee in the 52 weeks immediately before his or her
p.000293: incapacity commenced
p.000293: b is the claimant’s earnings as a shareholder-employee in the rele- vant year
p.000293: c is 52 or such smaller number, if an adjustment is required under subclause (2A)
p.000293: d is the number of weeks in the relevant year or such smaller num- ber, if an adjustment is required under
p.000293: subclause (2A).
p.000293: (2A) The numbers referred to in items c and d of the formula in subclause (2)(c) must be adjusted by
p.000293: deducting any period during which the claimant was within a payment period under the Compensation for Live
p.000293: Organ Donors Act 2016.
p.000293: (3) A claimant is eligible for the greater of—
p.000293: (a) the amount calculated under subclause (2) with the inclusion of earnings as an employee in the calculation;
p.000293: and
p.000293: (b) the amount calculated under subclause (2) with the exclusion of earnings as an employee from the calculation.
p.000293: (4) If the claimant’s weekly earnings are calculated under subclause (2) with the inclusion of their earnings as
p.000293: an employee, the claimant is not also eligible to have his or her weekly earnings calculated under clauses 33 to 36.
p.000293: (5) If a claimant’s weekly earnings as a shareholder employee are calculated under subclause (2), the same
p.000293: earnings cannot be used as earnings as an employee for the purposes of clauses 33 to 36.
p.000293: (6) This clause applies to claims for weekly compensation made on or after 1 July 2005, whether made in respect of
p.000293: a period of incapacity that started before the day on which this clause comes into force or that starts on or after
p.000293: that day.
p.000293: (7) To avoid doubt, if a claim for weekly compensation is made in respect of a period of incapacity
p.000293: that commenced before 1 July 2005, this clause—
p.000293: (a) applies only to the calculation of weekly earnings for the purposes of weekly compensation that
p.000293: is payable for a period commencing on or after 1 July 2005; and
p.000293: (b) does not authorise an increase to the rate of weekly compensation that is payable for a period before 1 July
p.000293: 2005.
p.000293: Schedule 1 clause 39: substituted, on 1 July 2005, by section 60(1) of the Injury Prevention, Rehabili- tation, and
p.000293: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000293: Schedule 1 clause 39(1)(a): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000293: (2010 No 1).
p.000293: Schedule 1 clause 39(2)(c) formula item c: amended, on 5 December 2017, by section 30 of the Com- pensation for Live
p.000293: Organ Donors Act 2016 (2016 No 96).
p.000293:
p.000293:
p.000293:
p.000294: 294
p.000294:
p.000294:
p.000294: Reprinted as at
p.000294: 1 April 2019 Accident Compensation Act 2001
p.000294: Schedule 1
p.000294:
p.000294: Schedule 1 clause 39(2)(c) formula item d: amended, on 5 December 2017, by section 30 of the
p.000294: Compensation for Live Organ Donors Act 2016 (2016 No 96).
p.000294: Schedule 1 clause 39(2A): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ
p.000294: Donors Act 2016 (2016 No 96).
p.000294: Schedule 1 clause 39(4): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000294: Amendment Act 2010 (2010 No 1).
p.000294: Schedule 1 clause 39(5): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000294: Amendment Act 2010 (2010 No 1).
p.000294: Schedule 1 clause 39(7): added, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000294: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000294:
p.000294: 40 Weekly earnings if claimant as shareholder-employee had earnings as self- employed person in relevant year
p.000294: (1) This clause applies if the claimant—
p.000294: (a) had earnings as a shareholder-employee immediately before the com- mencement of his or her incapacity;
p.000294: and
p.000294: (b) did not have earnings as a shareholder-employee in the relevant year; and
p.000294: (c) did have earnings as a self-employed person in the relevant year; and
p.000294: (d) had been employed continuously even though the claimant changed from receiving earnings as a
p.000294: self-employed person to receiving earnings as a shareholder-employee.
p.000294: (2) The claimant’s weekly earnings must be calculated under clause 39(2) using the claimant’s earnings
p.000294: as a self-employed person as if they were earnings as a shareholder-employee in the relevant year.
p.000294: Schedule 1 clause 40(2): substituted, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000294: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000294:
p.000294: Aggregation of calculations
p.000294: 41 Calculations for multiple employment situations
p.000294: (1) Claimants to whom clause 38 applies, and to whom clauses 33 to 36 apply because they have
p.000294: earnings as an employee at the time their incapacity com- mences, may—
p.000294: (a) have their weekly earnings calculated under clause 38 with the inclusion of their earnings as an employee; or
p.000294: (b) have their weekly earnings calculated under clause 38 excluding their earnings as an employee, but
p.000294: may also have their employee earnings cal- culated under clauses 33 to 36 and aggregated under subclause (5).
p.000294: (2) If a claimant’s weekly earnings are calculated in accordance with subclause (1)(a), the same
p.000294: earnings cannot be used as earnings as an employee for the purposes of any other calculation of an amount of
p.000294: weekly earnings.
p.000294:
p.000294:
p.000294:
p.000295: 295
p.000295:
p.000295:
p.000295:
p.000295:
p.000295: Schedule 1 Accident Compensation Act 2001
p.000295: Reprinted as at 1 April 2019
p.000295:
p.000295: (3) Claimants to whom clause 39 applies, and to whom clauses 33 to 36 apply because they have
p.000295: earnings as an employee at the time their incapacity com- mences, may—
p.000295: (a) have their weekly earnings calculated under clause 39 with the inclusion of their earnings as an employee; or
p.000295: (b) have their weekly earnings calculated under clause 39 excluding their earnings as an employee, but
p.000295: may also have their employee earnings cal- culated under clauses 33 to 36 and aggregated under subclause (5).
p.000295: (4) If a claimant’s weekly earnings are calculated in accordance with subclause (3)(a), the same
p.000295: earnings cannot be used as earnings as an employee for the purposes of any other calculation of an amount of
p.000295: weekly earnings.
p.000295: (5) If a claimant is not prohibited from doing so by subclause (2) or subclause (4), and would have more than
p.000295: 1 amount of weekly earnings from different employment situations because of the operation of clause 34
p.000295: or clause 36 or clause 38 or clause 39, the claimant’s weekly earnings are to be calculated by doing the relevant
p.000295: calculations under those clauses separately and then aggre- gating the results.
p.000295: (6) However, a claimant’s weekly earnings calculated under clause 34 or clause 36 must not be aggregated with the
p.000295: claimant’s weekly earnings under clause 39 if the claimant’s weekly earnings under clause 39 are his or her earnings
p.000295: under clause 34 or clause 36.
p.000295: Schedule 1 clause 41: substituted, on 1 July 2005, by section 60(1) of the Injury Prevention, Rehabili- tation, and
p.000295: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000295: Schedule 1 clause 41(1): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000295: Amendment Act 2010 (2010 No 1).
p.000295: Schedule 1 clause 41(1)(b): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000295: (2010 No 1).
p.000295: Schedule 1 clause 41(3): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000295: Amendment Act 2010 (2010 No 1).
p.000295: Schedule 1 clause 41(3)(b): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000295: (2010 No 1).
p.000295: Schedule 1 clause 41(5): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000295: Amendment Act 2010 (2010 No 1).
p.000295: Schedule 1 clause 41(6): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000295: Amendment Act 2010 (2010 No 1).
p.000295:
p.000295: Adjustments for low earners
p.000295: 42 Weekly earnings of earners in full-time employment: increase in certain circumstances
p.000295: (1) This clause applies to a claimant who—
p.000295: (a) was, immediately before his or her incapacity commenced,—
p.000295: (i) in the category of earners liable to pay the minimum levy set in regulations made for the purposes of section
p.000295: 168B; or
p.000295:
p.000296: 296
p.000296:
p.000296:
p.000296: Reprinted as at
p.000296: 1 April 2019 Accident Compensation Act 2001
p.000296: Schedule 1
p.000296:
p.000296: (ii) an earner in full-time employment; and
p.000296: (b) had weekly earnings calculated under clause 41 or, if that clause does not apply, under any of
p.000296: clauses 34, 36, 38, or 39 of less than the min- imum weekly earnings as determined under subclause (3); and
p.000296: (c) is incapacitated for more than 5 weeks after the incapacity first com- menced.
p.000296: (2) For the purpose of calculating weekly compensation for loss of earnings pay- able to the claimant for any
p.000296: period after the 5-week period, the claimant is deemed to have had, immediately before his or her incapacity
p.000296: commenced, the minimum weekly earnings as determined under subclause (3).
p.000296: (3) The minimum weekly earnings are—
p.000296: (a) for a person under 18 years of age, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person under the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (b) for a person 18 years of age or over, the amount as at 1 July each year which is the greater of—
p.000296: (i) the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or
p.000296: (ii) 125% of the rate for a single person over the age of 18 years and without dependent children of supported
p.000296: living payment under the Social Security Act 2018; or
p.000296: (iii) the higher of the amounts calculated under subparagraphs (i) and
p.000296: (ii) as at 1 July in the preceding year.
p.000296: (4) [Repealed]
p.000296: (5) [Repealed]
p.000296: (6) [Repealed]
p.000296: (7) Subclause (2) does not apply to any period unless the Corporation is satisfied that, but for the incapacity,
p.000296: the claimant would have been an earner in full-time employment during that period.
p.000296: (8) Subclause (2) does not apply if the claimant has an entitlement under any other provision of this schedule to
p.000296: weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.
p.000296:
p.000296:
p.000296:
p.000297: 297
p.000297:
p.000297:
p.000297:
p.000297:
p.000297: Schedule 1 Accident Compensation Act 2001
p.000297: Reprinted as at 1 April 2019
p.000297:
p.000297: (9) Nothing in this clause is affected by the claimant’s entitlement to any weekly compensation under any of
p.000297: clauses 66, 70, and 71.
p.000297: Compare: 1998 No 114 Schedule 1 cl 18
p.000297: Schedule 1 clause 42(1)(a)(i): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and
p.000297: Compensation Amendment Act 2007 (2007 No 8).
p.000297: Schedule 1 clause 42(1)(b): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000297: (2010 No 1).
p.000297: Schedule 1 clause 42(1)(c): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010
p.000297: (2010 No 1).
p.000297: Schedule 1 clause 42(2): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000297: Amendment Act 2010 (2010 No 1).
p.000297: Schedule 1 clause 42(3): substituted, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000297: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000297: Schedule 1 clause 42(3)(a)(i): replaced, on 1 May 2013, by section 6(2) of the Minimum Wage (Start- ing-out Wage)
p.000297: Amendment Act 2013 (2013 No 8).
p.000297: Schedule 1 clause 42(3)(a)(ii): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No
p.000297: 32).
p.000297: Schedule 1 clause 42(3)(a)(ii): amended, on 15 July 2013, by section 97 of the Social Security (Bene- fit Categories
p.000297: and Work Focus) Amendment Act 2013 (2013 No 13).
p.000297: Schedule 1 clause 42(3)(b): amended, on 1 July 2008, by section 33(1) of the Injury Prevention,
p.000297: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000297: Schedule 1 clause 42(3)(b)(i): replaced, on 1 May 2013, by section 6(3) of the Minimum Wage
p.000297: (Starting-out Wage) Amendment Act 2013 (2013 No 8).
p.000297: Schedule 1 clause 42(3)(b)(ii): amended, on 26 November 2018, by section 459 of the Social Secur- ity Act 2018 (2018 No
p.000297: 32).
p.000297: Schedule 1 clause 42(3)(b)(ii): amended, on 15 July 2013, by section 97 of the Social Security (Bene- fit Categories
p.000297: and Work Focus) Amendment Act 2013 (2013 No 13).
p.000297: Schedule 1 clause 42(4): repealed, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000297: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000297: Schedule 1 clause 42(5): repealed, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000297: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000297: Schedule 1 clause 42(6): repealed, on 1 July 2005, by section 60(1) of the Injury Prevention,
p.000297: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000297:
p.000297: Claimant no longer an employee
p.000297: 43 Weekly earnings if employment ended before commencement of incapacity
p.000297: (1) Subclause (2) applies to a claimant who, before his or her incapacity com- menced, has ceased to
p.000297: be in employment.
p.000297: (2) The claimant is deemed to continue to be in employment and have earnings from that employment for
p.000297: the purposes of this schedule for the longer of—
p.000297: (a) 28 days from the date he or she ceased to be in employment, if he or she—
p.000297: (i) had been in employment within 28 days before his or her incap- acity commenced; and
p.000297:
p.000297:
p.000297:
p.000298: 298
p.000298:
p.000298:
p.000298: Reprinted as at
p.000298: 1 April 2019 Accident Compensation Act 2001
p.000298: Schedule 1
p.000298:
p.000298: (ii) would have been an employee within the period specified in sub- clause (3) after the date on which his
p.000298: or her incapacity com- menced, but for the incapacity; or
p.000298: (b) the period for which payments that the claimant is entitled to receive on ceasing employment and on which
p.000298: earner levy is payable constitute earnings under subclause (4).
p.000298: (3) For the purposes of subclause (2)(a)(ii), the period is,—
p.000298: (a) unless paragraph (b) applies, 3 months if the claimant had entered into an employment agreement, or had
p.000298: arranged to enter into an employment agreement, before the incapacity commenced; or
p.000298: (b) 12 months if—
p.000298: (i) the claimant was employed in seasonal employment with the same employer as he or she had been employed in the
p.000298: 2 seasons before the claimant’s incapacity commenced; and
p.000298: (ii) the employer confirms that the claimant could reasonably have expected to be re-employed in the
p.000298: season after the claimant’s incapacity commenced.
p.000298: (4) A claimant, who is deemed by subclause (2)(b) to continue to be in employ- ment, is also deemed to be
p.000298: deriving earnings at the same rate as he or she derived earnings while in employment immediately before he or
p.000298: she ceased to be an employee, a self-employed person, or a shareholder-employee, as the case may be.
p.000298: (5) For the purposes of calculating the claimant’s weekly earnings, the date his or her incapacity commenced is
p.000298: deemed to be the last date on which the claimant was in employment.
p.000298: (6) Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a
p.000298: treatment injury, payments under this clause come from the Earn- ers’ Account.
p.000298: (7) In this clause—
p.000298: employee includes an employee who is on unpaid leave that is not unpaid parental leave
p.000298: employment means employment as—
p.000298: (a) an employee; or
p.000298: (b) a self-employed person; or
p.000298: (c) a shareholder-employee.
p.000298: Schedule 1 clause 43: substituted, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000298: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000298:
p.000298:
p.000298:
p.000298:
p.000298:
p.000299: 299
p.000299:
p.000299:
p.000299:
p.000299:
p.000299: Schedule 1 Accident Compensation Act 2001
p.000299: Reprinted as at 1 April 2019
p.000299:
p.000299: Employee on unpaid parental leave
p.000299: 44 Weekly earnings if employee on unpaid parental leave immediately before his or her incapacity commenced
p.000299: (1) This clause applies to a claimant who is an employee on unpaid parental leave immediately before his or her
p.000299: incapacity commenced.
p.000299: (2) For the purposes of calculating the claimant’s weekly earnings, the date he or she began parental leave is
p.000299: deemed to be the date his or her incapacity com- menced.
p.000299: (3) For the purposes of determining the commencement date of entitlement to compensation for loss of
p.000299: earnings, the date on which the claimant would other- wise be required to return to work at the end of the parental
p.000299: leave is deemed to be the date his or her incapacity commenced.
p.000299: (4) Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a
p.000299: treatment injury, payments under this clause come from the Earn- ers’ Account.
p.000299: (5) If this clause applies the claimant is entitled to the greater of—
p.000299: (a) weekly compensation for loss of earnings arising from the application of this clause:
p.000299: (b) weekly compensation for loss of earnings arising from an entitlement under any other provision of
p.000299: this schedule.
p.000299: (6) Parental leave must not be treated as paid leave for the purposes of this clause only because the person may
p.000299: be entitled to a payment in respect of the leave under Part 7A of the Parental Leave and Employment Protection Act
p.000299: 1987.
p.000299: Schedule 1 clause 44(4): substituted, on 1 July 2005, by section 60(4) of the Injury Prevention,
p.000299: Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000299: Schedule 1 clause 44(6): added, on 1 July 2002, by section 6 of the Parental Leave and Employment Protection (Paid
p.000299: Parental Leave) Amendment Act 2002 (2002 No 7).
p.000299:
p.000299: Claimant who is recuperating organ donor
p.000299: Schedule 1 heading: inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ
p.000299: Donors Act 2016 (2016 No 96).
p.000299:
p.000299: 44A Weekly earnings if claimant receiving earnings compensation as organ donor immediately before his or her
p.000299: incapacity commenced
p.000299: (1) This clause applies to a claimant who is within a payment period under the Compensation for Live
p.000299: Organ Donors Act 2016 immediately before his or her incapacity commenced.
p.000299: (2) The claimant’s incapacity is deemed to have commenced on the date on which the payment period started—
p.000299: (a) for the purposes of calculating the claimant’s weekly compensation, if the claimant had earnings
p.000299: immediately before that date; or
p.000299:
p.000299:
p.000300: 300
p.000300:
p.000300:
p.000300: Reprinted as at
p.000300: 1 April 2019 Accident Compensation Act 2001
p.000300: Schedule 1
p.000300:
p.000300: (b) for the purposes of applying clause 43, if the claimant did not have earn- ings immediately before that date.
p.000300: (3) For the purposes of determining the commencement date of entitlement to compensation for loss of
p.000300: earnings under this Act, the date that falls immedi- ately after the payment period ends is deemed to be the date his
p.000300: or her incap- acity commenced.
p.000300: (4) Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a
p.000300: treatment injury, payments under this clause come from the Earn- ers’ Account.
p.000300: (5) If this clause applies, the claimant is entitled to the greater of the following:
p.000300: (a) weekly compensation for loss of earnings arising from the application of this clause:
p.000300: (b) weekly compensation for loss of earnings arising from an entitlement under any other provision of
p.000300: this schedule.
p.000300: Schedule 1 clause 44A: inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016
p.000300: (2016 No 96).
p.000300:
p.000300: Employee who has consecutive periods of unpaid parental leave and recuperation from organ donation
p.000300: Schedule 1 heading: inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ
p.000300: Donors Act 2016 (2016 No 96).
p.000300:
p.000300: 44B Weekly earnings if employee has consecutive periods of unpaid parental leave and earnings compensation as organ
p.000300: donor
p.000300: (1) This clause applies if a claimant is an employee and either—
p.000300: (a) clause 44 applies to the claimant and the claimant’s unpaid parental leave is immediately before or
p.000300: after a payment period under the Com- pensation for Live Organ Donors Act 2016; or
p.000300: (b) clause 44A applies to the claimant and the claimant’s payment period is immediately before or after a period
p.000300: of unpaid parental leave.
p.000300: (2) The claimant’s incapacity is deemed to have commenced—
p.000300: (a) on the earlier of the dates described in clauses 44(2) and 44A(2), for the purposes of calculating the
p.000300: claimant’s weekly compensation; and
p.000300: (b) on the later of the dates described in clauses 44(3) and 44A(3), for the purposes of determining the
p.000300: commencement date of entitlement to com- pensation for loss of earnings.
p.000300: Schedule 1 clause 44B: inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016
p.000300: (2016 No 96).
p.000300:
p.000300:
p.000300:
p.000300:
p.000300:
p.000300:
p.000301: 301
p.000301:
p.000301:
p.000301:
p.000301:
p.000301: Schedule 1 Accident Compensation Act 2001
p.000301: Reprinted as at 1 April 2019
p.000301:
p.000301: Estimated earnings
p.000301: 45 Interim estimation of weekly earnings that cannot be ascertained
p.000301: (1) This clause applies to a claimant who, immediately before his or her incapacity commenced,—
p.000301: (a) had earnings as a self-employed person; or
p.000301: (b) had earnings as a shareholder-employee.
p.000301: (2) This clause applies while the Corporation cannot readily ascertain the claim- ant’s actual weekly earnings.
p.000301: (3) For the purposes of clauses 38 to 40, in order to calculate the claimant’s weekly earnings under this Part,
p.000301: the Corporation may estimate an amount that repre- sents reasonable remuneration for the claimant until the earlier of—
p.000301: (a) the income tax return for the relevant year is available; or
p.000301: (b) 3 months have passed after the incapacity commenced.
p.000301: (4) If the claimant’s income tax return for the relevant year remains unavailable at the end of the 3-month
p.000301: period in subclause (3)(b), the Corporation can pay weekly compensation only as an advance under section 131.
p.000301: (5) In doing an estimate under subclause (3), the Corporation must have regard to—
p.000301: (a) the evidence available of the claimant’s earnings; and
p.000301: (b) the nature of the claimant’s employment immediately before his or her incapacity commenced; and
p.000301: (c) any employment, whatever its nature, that the claimant has while suffer- ing the incapacity.
p.000301: (6) If the Corporation—
p.000301: (a) applies subclause (3); and
p.000301: (b) pays weekly compensation; and
p.000301: (c) subsequently finds that the weekly compensation it paid is greater than that it would have paid if the
p.000301: claimant’s income tax return for the rele- vant year had been available,—
p.000301: the Corporation may recover the difference, either as a debt due to it or by deducting it from any
p.000301: entitlement otherwise payable to the claimant (whether or not in respect of the same personal injury).
p.000301: Compare: 1998 No 114 Schedule 1 cl 20
p.000301: Schedule 1 clause 45(3): amended, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000301: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000301:
p.000301:
p.000301:
p.000301:
p.000301:
p.000301:
p.000302: 302
p.000302:
p.000302:
p.000302: Reprinted as at
p.000302: 1 April 2019 Accident Compensation Act 2001
p.000302: Schedule 1
p.000302:
p.000302: Maximum compensation
p.000302: 46 Maximum weekly compensation for loss of earnings
p.000302: (1) The maximum amount of weekly compensation for loss of earnings that the Corporation is liable to
p.000302: pay to a claimant is $1,341.31 a week, whatever amount is calculated under this schedule.
p.000302: (2) The maximum amount specified in subclause (1) must be adjusted in the man- ner provided in section 115.
p.000302: Compare: 1998 No 114 Schedule 1 cl 21
p.000302:
p.000302: Corporation to pay weekly compensation to potential earners
p.000302: 47 Corporation to pay weekly compensation for loss of potential earnings capacity
p.000302: (1) The Corporation is liable to pay weekly compensation for loss of potential earning capacity to a
p.000302: claimant who—
p.000302: (a) has an incapacity resulting from a personal injury; and
p.000302: (b) was a potential earner immediately before his or her incapacity com- menced; and
p.000302: (c) is 18 years or over; and
p.000302: (d) is not engaged in full-time study or training; and
p.000302: (e) does not have earnings in excess of the amount of minimum weekly earnings determined under clause
p.000302: 42(3).
p.000302: (1A) For the purposes of subclause (1)(d), full-time study or training—
p.000302: (a) includes any full-time course or training leading to an educational or vocational qualification
p.000302: approved by the New Zealand Qualifications Authority that would be likely to enhance the employment
p.000302: prospects, either generally or in respect of any particular profession or occupation, of a person who has attained that
p.000302: qualification; but
p.000302: (b) does not include full-time study or training in living or social skills.
p.000302: (2) The weekly compensation payable is 80% of the claimant’s weekly earnings calculated under this
p.000302: clause.
p.000302: (3) The weekly compensation is payable when the claimant has been incapacitated for at least 6 months.
p.000302: (4) For the purpose of calculating the claimant’s weekly compensation, the claim- ant’s weekly earnings are deemed
p.000302: to be the amount of weekly earnings deter- mined under clause 42(3).
p.000302: (5) This clause does not apply if the claimant has an entitlement under any other provision of this schedule to
p.000302: weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.
p.000302:
p.000302:
p.000303: 303
p.000303:
p.000303:
p.000303:
p.000303:
p.000303: Schedule 1 Accident Compensation Act 2001
p.000303: Reprinted as at 1 April 2019
p.000303:
p.000303: (6) A claimant does not have any entitlement to weekly compensation for loss of earnings, if he or she has an
p.000303: entitlement under this clause to weekly compensa- tion for loss of potential earning capacity that is greater than any
p.000303: entitlement he or she has to weekly compensation for loss of earnings under any other provi- sion of this schedule.
p.000303: (7) This clause is subject to clauses 49 to 53.
p.000303: Compare: 1998 No 114 Schedule 1 cl 22
p.000303: Schedule 1 clause 47(1A): inserted, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000303: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000303: Schedule 1 clause 47(4): amended, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000303: Amendment Act 2010 (2010 No 1).
p.000303: Schedule 1 clause 47(4): amended, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000303: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000303:
p.000303: Further injury
p.000303: 48 Effect of further injury on entitlement to weekly compensation
p.000303: (1) This clause applies to a claimant who—
p.000303: (a) is already entitled to receive weekly compensation; and
p.000303: (b) suffers incapacity from a further personal injury for which the claimant has cover under this Act.
p.000303: (2) If it is necessary to recalculate the claimant’s entitlement to weekly compensa- tion, the claimant’s
p.000303: entitlement to weekly compensation in respect of incap- acity from both personal injuries is calculated
p.000303: using the weekly earnings assessed when calculating the weekly compensation referred to in subclause
p.000303: (1)(a).
p.000303: (3) Subclause (2) does not apply to any subsequent periods of incapacity.
p.000303: Abatement
p.000303: 49 Earnings definitions for purposes of clause 51
p.000303: (1) [Repealed]
p.000303: (2) [Repealed]
p.000303: (3) In clause 51(2), earnings includes any payment made on the termination of employment in respect of
p.000303: leave entitlements. The Corporation must treat such a payment as having been derived after the termination of
p.000303: employment for a period that is equal to the total period that the claimant could have taken as leave
p.000303: if the claimant had not received the payment.
p.000303: (4) In clause 51(2)—
p.000303: (a) earnings includes payments—
p.000303: (i) whether made in New Zealand or overseas:
p.000303: (ii) whether made in New Zealand currency or an overseas currency:
p.000303:
p.000303:
p.000304: 304
p.000304:
p.000304:
p.000304: Reprinted as at
p.000304: 1 April 2019 Accident Compensation Act 2001
p.000304: Schedule 1
p.000304:
p.000304: (b) employment includes employment whether in New Zealand or overseas.
p.000304: (5) Payments made in an overseas currency must be treated as having been conver- ted into New Zealand currency at
p.000304: the average rate of foreign exchange offered, at the date of payment, by registered banks in New Zealand.
p.000304: (6) In clause 51(2), earnings includes payments of earnings compensation under the Compensation for Live Organ
p.000304: Donors Act 2016.
p.000304: Compare: 1998 No 114 Schedule 1 cl 23
p.000304: Schedule 1 clause 49(1): repealed, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000304: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000304: Schedule 1 clause 49(2): repealed, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000304: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000304: Schedule 1 clause 49(3): substituted, on 1 July 2010, by section 47(1) of the Accident Compensation
p.000304: Amendment Act 2010 (2010 No 1).
p.000304: Schedule 1 clause 49(4): amended, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000304: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000304: Schedule 1 clause 49(6): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016
p.000304: (2016 No 96).
p.000304:
p.000304: 50 Estimation for abatement purposes of earnings that cannot be ascertained
p.000304: (1) This clause applies to a claimant who has—
p.000304: (a) earnings as a self-employed person; or
p.000304: (b) earnings as a shareholder-employee.
p.000304: (2) This clause applies when the Corporation cannot readily ascertain, for abate- ment purposes, the claimant’s
p.000304: actual earnings during a particular period, during incapacity.
p.000304: (3) In order to calculate the claimant’s earnings under this Part, the Corporation may estimate an
p.000304: amount that represents reasonable remuneration for the claim- ant during the period.
p.000304: (4) The Corporation must have regard to—
p.000304: (a) the evidence available of the claimant’s earnings; and
p.000304: (b) the nature of the claimant’s employment immediately before his or her incapacity commenced; and
p.000304: (c) the nature of the claimant’s employment that the claimant has during the period of incapacity.
p.000304: 51 Abatement of compensation
p.000304: (1) [Repealed]
p.000304: (2) In calculating weekly compensation under this Part, the Corporation must reduce the amount of weekly
p.000304: compensation paid to a claimant so as to ensure that the total of the claimant’s weekly compensation and earnings after
p.000304: his or her incapacity commences does not exceed the claimant’s weekly earnings as calculated under clauses 33 to 45 or
p.000304: 47.
p.000304:
p.000305: 305
p.000305:
p.000305:
p.000305:
p.000305:
p.000305: Schedule 1 Accident Compensation Act 2001
p.000305: Reprinted as at 1 April 2019
p.000305:
p.000305: (3) [Repealed]
p.000305: (4) The amount of a claimant’s weekly earnings under subclause (2) must be adjus- ted in the manner provided in
p.000305: section 115.
p.000305: Compare: 1998 No 114 Schedule 1 cl 24
p.000305: Schedule 1 clause 51(1): repealed, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000305: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000305: Schedule 1 clause 51(2): amended, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000305: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000305: Schedule 1 clause 51(3): repealed, on 1 August 2008, by section 33(1) of the Injury Prevention,
p.000305: Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
p.000305:
p.000305: Effect of New Zealand superannuation
p.000305: 52 Relationship between weekly compensation and New Zealand superannuation
p.000305: (1) Subclause (2) applies to a claimant who—
p.000305: (a) first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification
p.000305: age; and
p.000305: (b) has been entitled to it for 24 months or longer before reaching that age.
p.000305: (2) Such a claimant loses his or her entitlement to weekly compensation on reach- ing that age.
...
p.000314: Compare: 1998 No 114 Schedule 1 cl 65
p.000314:
p.000314:
p.000315: 315
p.000315:
p.000315:
p.000315:
p.000315:
p.000315: Schedule 1 Accident Compensation Act 2001
p.000315: Reprinted as at 1 April 2019
p.000315:
p.000315: 65 Survivor’s grant
p.000315: (1) The Corporation is liable to pay a survivor’s grant for a deceased claimant as follows:
p.000315: (a) to a surviving spouse or partner of the claimant, $4,702.79 but, if there is more than 1 surviving spouse
p.000315: or partner, the Corporation must divide that amount equally between them:
p.000315: (b) to each child of the claimant who has not yet turned 18 years, $2,351.40:
p.000315: (c) to any other dependant of the claimant, $2,351.40.
p.000315: (2) Adjustments to the amounts specified in subclause (1) must be made in the manner provided in
p.000315: section 116.
p.000315: Compare: 1998 No 114 Schedule 1 cl 66
p.000315: Schedule 1 clause 65(1)(a): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000315: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000315:
p.000315: 66 Weekly compensation for surviving spouse or partner
p.000315: (1) The Corporation is liable to pay weekly compensation to a surviving spouse or partner of a deceased claimant.
p.000315: (2) Weekly compensation payable under this clause is payable from the date of the claimant’s death at the rate of
p.000315: 60% of—
p.000315: (a) the weekly compensation for loss of earnings to which the claimant would have been entitled at the
p.000315: end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
p.000315: (b) the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled
p.000315: at the end of 6 months of incap- acity, had he or she lived but been totally incapacitated.
p.000315: (3) Subclause (2) is subject to clause 74.
p.000315: (4) The Corporation must not cancel or suspend the surviving spouse’s or partner’s weekly compensation—
p.000315: (a) because the spouse or partner marries, enters into a civil union, or enters into a de facto relationship; or
p.000315: (b) [Repealed]
p.000315: (c) because of the age that the claimant would have reached if he or she had not died.
p.000315: (5) The surviving spouse or partner ceases to be entitled to weekly compensation on the latest of—
p.000315: (a) the end of 5 consecutive years from the date on which it first became payable:
p.000315: (b) the surviving spouse or partner ceasing to have the care of all of the chil- dren who are under the age of 18
p.000315: years:
p.000315:
p.000315:
p.000315:
p.000316: 316
p.000316:
p.000316:
p.000316: Reprinted as at
p.000316: 1 April 2019 Accident Compensation Act 2001
p.000316: Schedule 1
p.000316:
p.000316: (c) the youngest of the children of the deceased who is in the care of the sur- viving spouse or partner turning
...
p.000318: (2016 No 49).
p.000318: Schedule 1 clause 69(1)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(1)(b): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(1)(c): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(2): amended, on 26 April 2005, by section 8(1) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318: Schedule 1 clause 69(2): amended, on 26 April 2005, by section 8(3) of the Injury Prevention,
p.000318: Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
p.000318:
p.000318: 70 Weekly compensation for child
p.000318: (1) The Corporation is liable to pay weekly compensation to a child of a deceased claimant.
p.000318:
p.000318:
p.000319: 319
p.000319:
p.000319:
p.000319:
p.000319:
p.000319: Schedule 1 Accident Compensation Act 2001
p.000319: Reprinted as at 1 April 2019
p.000319:
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the child’s weekly compensation because of the age that the
p.000319: claimant would have reached if he or she had not died.
p.000319: (5) The child ceases to be entitled to weekly compensation on the later of—
p.000319: (a) the end of the calendar year in which the child turns 18 years; or
p.000319: (b) if the child is in full-time study at a place of education, the earliest of ceasing the study, completing the
p.000319: study, or turning 21 years.
p.000319: (6) The Corporation must double the compensation payable for each parent if both the child’s parents have died.
p.000319: Compare: 1998 No 114 Schedule 1 cl 70
p.000319:
p.000319: 71 Weekly compensation for other dependants
p.000319: (1) The Corporation is liable to pay weekly compensation to any other dependant of a deceased claimant.
p.000319: (2) Compensation payable under this clause is payable from the date of the claim- ant’s death at the rate of 20%
p.000319: of—
p.000319: (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of
p.000319: incapacity, had he or she lived but been totally incapacitated; or
p.000319: (b) the compensation for loss of potential earning capacity to which the claimant would have been
p.000319: entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
p.000319: (3) Subclause (2) is subject to clause 74.
p.000319: (4) The Corporation must not cancel or suspend the other dependant’s weekly compensation because of the
p.000319: age that the claimant would have reached if he or she had not died.
p.000319: (5) The other dependant ceases to be entitled to weekly compensation on the earlier of the following:
p.000319: (a) the other dependant has or will have, over a period of 12 months, aver- age earnings per week greater
p.000319: than the minimum weekly earnings as determined under clause 42(3):
p.000319:
p.000319:
p.000320: 320
p.000320:
p.000320:
p.000320: Reprinted as at
p.000320: 1 April 2019 Accident Compensation Act 2001
p.000320: Schedule 1
p.000320:
p.000320: (b) if clause 72 applies to the other dependant, the event occurs under that clause that ends the other
p.000320: dependant’s entitlement to weekly compensa- tion.
p.000320: Compare: 1998 No 114 Schedule 1 cl 71
p.000320:
p.000320: 72 Relationship between other dependant’s weekly compensation and New Zealand superannuation
p.000320: (1) Subclause (2) applies to any other dependant who—
p.000320: (a) is entitled to weekly compensation immediately before reaching New Zealand superannuation
p.000320: qualification age; and
p.000320: (b) has been entitled to it for 24 months or longer before reaching that age.
...
p.000320:
p.000320:
p.000320:
p.000320:
p.000320:
p.000321: 321
p.000321:
p.000321:
p.000321:
p.000321:
p.000321: Schedule 1 Accident Compensation Act 2001
p.000321: Reprinted as at 1 April 2019
p.000321:
p.000321: 73 Election for purposes of clause 72
p.000321: (1) The other dependant must make an election under clause 72(5) or (8) within the period that is the latest of
p.000321: the following:
p.000321: (a) within 1 month before the date on which the election would take effect; or
p.000321: (b) within 1 month after the other dependant has been notified of the amount of the weekly compensation by the
p.000321: Corporation, the reviewer, or the Dis- trict Court, whichever is applicable in the other dependant’s case; or
p.000321: (c) before 1 month before the other dependant reaches New Zealand super- annuation qualification age.
p.000321: (2) The Corporation may allow any other dependant to exercise or revoke an elec- tion under clause 72(5) or
p.000321: (8) after the period specified in subclause (1) has ended, but only if the Corporation is satisfied
p.000321: that the other dependant’s cir- cumstances have changed significantly since the end of the period.
p.000321: Compare: 1998 No 114 Schedule 1 cl 73
p.000321: Schedule 1 clause 73(1)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016
p.000321: (2016 No 49).
p.000321:
p.000321: 74 Maximum payments
p.000321: (1) The total amount of weekly compensation payable under clauses 66 to 73 must not exceed—
p.000321: (a) the weekly compensation for loss of earnings to which the claimant would have been entitled at the
p.000321: end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
p.000321: (b) the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled
p.000321: at the end of 6 months of incap- acity, had he or she lived but been totally incapacitated.
p.000321: (2) The Corporation may reduce all weekly compensation calculated under those clauses pro rata, and may readjust
p.000321: it from time to time, if the Corporation con- siders the reduction and readjustment is necessary for the
p.000321: purposes of sub- clause (1).
p.000321: Compare: 1998 No 114 Schedule 1 cl 74
p.000321:
p.000321: 75 Spouse or partner status or dependency arising after date of personal injury
p.000321: (1) The Corporation is liable to provide entitlements to a person who—
p.000321: (a) becomes the spouse or partner or a dependant of the claimant after the date on which the claimant suffered
p.000321: personal injury; and
p.000321: (b) is the spouse or partner or a dependant of the claimant at the date of the claimant’s death as a result of
p.000321: personal injury for which he or she has cover.
p.000321:
p.000321:
p.000322: 322
p.000322:
p.000322:
p.000322: Reprinted as at
p.000322: 1 April 2019 Accident Compensation Act 2001
p.000322: Schedule 1
p.000322:
p.000322: (2) Subclause (1) is subject to subclause (3).
p.000322: (3) The Corporation is not liable under subclause (1) if the Corporation decides, on reasonable grounds, that the
...
p.000323: the subsequent death.
p.000323: (5) This clause applies despite anything in this schedule.
p.000323: Compare: 1998 No 114 Schedule 1 cl 77
p.000323:
p.000323: 78 Child care payments made to caregiver
p.000323: (1) The Corporation must make, on behalf of the child, every payment for child care to a person who is
p.000323: responsible for arranging for the child’s care.
p.000323: (2) The Corporation is not under an obligation to see to the application of any money paid to any
p.000323: person under subclause (1), and is not liable to the child in respect of any such payment.
p.000323: Compare: 1998 No 114 Schedule 1 cl 78
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000323:
p.000324: 324
p.000324:
p.000324:
p.000324: Reprinted as at
p.000324: 1 April 2019 Accident Compensation Act 2001
p.000324: Schedule 2
p.000324:
p.000324: Schedule 2 Occupational diseases
p.000324: ss 30(3), 60
p.000324: 1 Pneumoconioses caused by sclerogenetic mineral dust (silicosis, anthraco-sili- cosis, asbestosis) and
p.000324: silico-tuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death.
p.000324: 2 Lung cancer or mesothelioma diagnosed as caused by asbestos.
p.000324: 3 Diseases of a type generally accepted by the medical profession as caused by beryllium or its toxic compounds.
p.000324: 4 Diseases of a type generally accepted by the medical profession as caused by phosphorus or its toxic
p.000324: compounds.
p.000324: 5 Diseases of a type generally accepted by the medical profession as caused by chrome or its toxic compounds.
p.000324: 6 Diseases of a type generally accepted by the medical profession as caused by manganese or its toxic compounds.
p.000324: 7 Diseases of a type generally accepted by the medical profession as caused by arsenic or its toxic compounds.
p.000324: 8 Diseases of a type generally accepted by the medical profession as caused by mercury or its toxic compounds.
p.000324: 9 Diseases of a type generally accepted by the medical profession as caused by lead or its toxic compounds.
p.000324: 10 Diseases of a type generally accepted by the medical profession as caused by carbon bisulfide.
p.000324: 11 Diseases of a type generally accepted by the medical profession as caused by the toxic halogen derivatives of
p.000324: hydrocarbons of the aliphatic series.
p.000324: 12 Diseases of a type generally accepted by the medical profession as caused by benzene or its toxic homologues.
p.000324: 13 Diseases of a type generally accepted by the medical profession as caused by nitro- and amido-toxic derivatives
p.000324: of benzene or its homologues.
p.000324: 14 Diseases of a type generally accepted by the medical profession as caused by ionising radiations.
p.000324: 15 Primary epitheliomatous cancer of the skin diagnosed as caused by tar, pitch, bitumen, mineral oil,
p.000324: anthracene, or the compounds, products, or residues of these substances.
...
p.000348: 2 Commencement
p.000348: (1) Sections 3(3), (4), and (6), 4, 5, 6, 7, 9 to 20, 24 to 33, 35, 36 to 43, 46 to 49,
p.000348: 52(2), 55, 56(1), 59, 60(1) to (5) and (7), Schedule 1, and Part 2 of Schedule 2 come into force on 1 July 2005.
p.000348: (2) Sections 3(2), (5), and (7), 52(1), and 53 come into force on a date to be appointed by the
p.000348: Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for
p.000348: different provisions and different purposes, including different dates for different repeals set out in sec- tion
p.000348: 3(2)(a) to (t).
p.000348: (3) Sections 44 and 56(2) come into force on 1 April 2006.
p.000348: (4) The rest of this Act comes into force on the day after the date on which it receives the Royal
p.000348: assent.
p.000348:
p.000348: Part 1
p.000348: Substantive amendments to principal Act
p.000348: 20 New section 68 substituted
p.000348: (1) Amendment(s) incorporated in the Act(s).
p.000348: (2) To avoid doubt, the discretion under section 68(3) (as substituted by subsection (1)) applies only to the
p.000348: provision of entitlements for periods starting on or after the date on which this section comes into force.
p.000348: 36 Effect of agreement
p.000348: (1) Amendment(s) incorporated in the Act(s).
p.000348: (2) Subsection (3) applies to persons who,—
p.000348: (a) before the commencement of this section, suffered personal injury in a particular cover period for which there
p.000348: was an agreement under section 209 of the principal Act and then, in a different cover period, suffered
p.000348:
p.000349: 349
p.000349:
p.000349:
p.000349:
p.000349:
p.000349: Accident Compensation Act 2001
p.000349: Reprinted as at 1 April 2019
p.000349:
p.000349: incapacity or subsequent incapacity arising from that personal injury; and
p.000349: (b) immediately before the commencement of this section, were receiving weekly compensation for that
p.000349: incapacity or subsequent incapacity.
p.000349: (3) Persons to whom this section applies are entitled to continue receiving weekly compensation as if subsection
p.000349: (1) had not been enacted.
p.000349: 52 Regulations relating to definitions
p.000349: (1) Section 322(1) of the principal Act is amended by repealing paragraphs (e) and (f), and substituting the
p.000349: following paragraphs:
p.000349: (e) defining a type or types of registered health professional for the purposes of this Act:
p.000349: (f) defining a type or types of treatment provider for the purposes of this Act:
p.000349: (fa) defining a health occupational group or part of a health occupational group for the purposes of this
p.000349: Act:
p.000349: (2) Amendment(s) incorporated in the Act(s).
p.000349: (3) At any time before the commencement of subsection (1), the Governor-General may, on the recommendation of the
p.000349: Minister, by Order in Council, make regu- lations for 1 or more of the following purposes:
p.000349: (a) defining a type or types of registered health professional for the purposes of the principal Act:
p.000349: (b) defining a type or types of treatment provider for the purposes of the principal Act:
p.000349: (c) defining a health occupational group or part of a health occupational group for the purposes of the
p.000349: principal Act.
p.000349: (4) The Minister may not make any recommendation under subsection (3) without first consulting the persons or
p.000349: organisations the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
p.000349: (5) Any consultation undertaken by or on behalf of the Minister before the com- mencement of this subsection about
p.000349: the making of regulations for any purpose referred to in subsection (3) is to be treated as consultation for the
...
p.000352: Schedule 1 of the principal Act.
p.000352: (4) The rest of this Act comes into force on 1 August 2008.
p.000352: 3 Principal Act amended
p.000352: This Act amends the Injury Prevention, Rehabilitation, and Compensation Act 2001.
p.000352:
p.000352: Part 1 Amendments to principal Act
p.000352: 10 Personal injury caused by work-related gradual process, disease, or infection
p.000352: (1)–(6) Amendment(s) incorporated in the Act(s).
p.000352: (7) The amendments made by this section do not apply in respect of claims that have been—
p.000352: (a) lodged before the commencement of this section; or
p.000352: (b) decided before, and resubmitted on or after, the commencement of this section.
p.000352: (8) Claims referred to in subsection (7) must be determined in accordance with section 30 as it was
p.000352: immediately before the commencement of this section.
p.000352:
p.000352:
p.000353: 353
p.000353:
p.000353:
p.000353:
p.000353:
p.000353: Accident Compensation Act 2001
p.000353: Reprinted as at 1 April 2019
p.000353:
p.000353: 20 Disentitlement for wilfully self-inflicted personal injuries and suicide
p.000353: (1) Amendment(s) incorporated in the Act(s).
p.000353: (2) To avoid doubt, any claimant who was, at any time before this section came into force, disentitled under
p.000353: section 119(1) remains disentitled.
p.000353:
p.000353: Part 2
p.000353: Further amendment to principal Act and regulations, and additional transitional provision
p.000353:
p.000353: 33 Schedule 1 amended
p.000353: (1) Amendment(s) incorporated in the Act(s).
p.000353: (2) The amendments set out in the Schedule that relate to clauses 33 to 36 and clause 43 of Schedule
p.000353: 1 of the principal Act apply only in respect of claimants whose incapacity commenced on or after the commencement of
p.000353: this section.
p.000353: (3) The amendments set out in the Schedule that relate to clauses 42(1)(c) and (2), 47(4), 49, and 51 of Schedule
p.000353: 1 of the principal Act apply only in respect of—
p.000353: (a) claimants who are entitled to the relevant weekly compensation on or after the commencement of this
p.000353: section; and
p.000353: (b) weekly compensation payable for a period beginning on or after the commencement of this section.
p.000353: 35 Transitional provision for payment of levies and payment of penalties and interest due for unpaid levies
p.000353: The amendments in sections 21 to 23, 25, and 34 of this Act apply only in respect of an invoice or other
p.000353: appropriate document that is given to a person by the Corporation or an agent of the Corporation on or after 1 August
p.000353: 2008 in respect of any levy payable under the principal Act.
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000353:
p.000354: 354
p.000354:
p.000354:
p.000354: Reprinted as at
p.000354: 1 April 2019 Accident Compensation Act 2001
p.000354:
p.000354: Accident Compensation Amendment Act 2010
p.000354: Public Act 2010 No 1
p.000354: Date of assent 2 March 2010 Commencement see section 2
p.000354: 1 Title
p.000354: This Act is the Accident Compensation Amendment Act 2010.
p.000354: 2 Commencement
p.000354: (1) The following provisions come into force on 1 July 2010:
p.000354: (a) section 6(2):
p.000354: (b) section 8:
p.000354: (c) section 9:
p.000354: (d) sections 11 to 13:
p.000354: (e) section 19:
p.000354: (f) section 34:
...
p.000356: 56 Claims for work-related gradual process, disease, or infection that have been lodged but not decided
p.000356: (1) This section applies if, before the commencement of this section,—
p.000356: (a) a person has suffered a personal injury caused by a work-related gradual process, disease, or infection; and
p.000356:
p.000356:
p.000356:
p.000356:
p.000356:
p.000357: 357
p.000357:
p.000357:
p.000357:
p.000357:
p.000357: Accident Compensation Act 2001
p.000357: Reprinted as at 1 April 2019
p.000357:
p.000357: (b) he or she has lodged a claim with the Accident Compensation Corpor- ation under section 48 of the
p.000357: principal Act in respect of the personal injury; and
p.000357: (c) the Corporation has not made a decision on the claim.
p.000357: (2) On or after the commencement of this section, the Corporation must make a decision on the claim in all
p.000357: respects as if section 9 of this Act had not been enacted.
p.000357: 57 Assessment of vocational independence
p.000357: An assessment of a claimant’s vocational independence that has been com- menced, but not determined, before
p.000357: the commencement of this section must, on or after that commencement, be considered and determined in all respects as
p.000357: if sections 6(2), 11, and 47 (to the extent that it relates to clause 25 of Schedule 1 of the principal Act) of this
p.000357: Act had not been enacted.
p.000357: 58 Calculations of weekly earnings for weekly compensation
p.000357: To avoid doubt, sections 223(3)(c)(i) and clauses 33, 34, 35, 36, 38, 39, 41, and 42 of Schedule 1 of the principal Act
p.000357: (as amended by this Act) apply to the cal- culation of weekly earnings for the purposes of weekly compensation
p.000357: that is payable in respect of a period of incapacity that commences only on or after the commencement of this
p.000357: section.
p.000357: 59 Calculations of weekly compensation for loss of potential earning capacity
p.000357: (1) This section applies to—
p.000357: (a) a claimant who is incapacitated before the commencement of this sec- tion, but who is not entitled to
p.000357: weekly compensation for loss of potential earning capacity immediately before that commencement:
p.000357: (b) a claimant who is incapacitated only on or after the commencement of this section.
p.000357: (2) To avoid doubt, clause 47 of Schedule 1 of the principal Act (as amended by this Act) applies to the
p.000357: calculation of weekly compensation for loss of potential earning capacity in respect of a claimant to whom this section
p.000357: applies.
p.000357: 60 Special provision for claimant already entitled to receive weekly compensation for loss of potential earning
p.000357: capacity
p.000357: (1) This section applies to a claimant who is incapacitated before the commence- ment of this section and who
p.000357: is entitled to weekly compensation for loss of potential earning capacity immediately before that commencement.
p.000357: (2) The weekly compensation payable to the claimant is the amount of weekly compensation to which the
p.000357: claimant was entitled immediately before the com- mencement of this section.
p.000357:
p.000357:
p.000357:
p.000357:
p.000358: 358
p.000358:
p.000358:
p.000358: Reprinted as at
p.000358: 1 April 2019 Accident Compensation Act 2001
p.000358:
p.000358: (3) However, if the calculation of weekly compensation for loss of potential earn- ing capacity in respect of the
p.000358: claimant is, but for subsection (2) and section 59, more favourable to the claimant under clause 47(4) of Schedule 1 of
p.000358: the princi- pal Act (as amended by this Act), then clause 47(4) applies despite subsection
p.000358: (2) and section 59.
p.000358: 61 Abatement of weekly compensation
p.000358: To avoid doubt, clause 49 of Schedule 1 of the principal Act (as amended by this Act) applies to the abatement of
p.000358: a claimant’s weekly compensation in accordance with that clause and clause 51 of Schedule 1 of the principal Act
p.000358: in respect of a period of incapacity that commences only on or after the com- mencement of this section.
p.000358: 62 Members of ministerial advisory panels not entitled to compensation
p.000358: (1) Nothing in this Act entitles a member of the ministerial advisory panel referred to in section 31 or 291 of
p.000358: the principal Act to any compensation in respect of the repeal of those sections and the removal of the
p.000358: panel, or for any fees or allowances that would otherwise be payable for the remainder of the term of an
p.000358: appointment affected by the repeals.
p.000358: (2) In this section, member includes the chair of the ministerial advisory panel referred to in section
p.000358: 31 or 291 of the principal Act.
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000358:
p.000359: 359
p.000359:
p.000359:
p.000359:
p.000359:
p.000359: Notes Accident Compensation Act 2001
p.000359: Reprinted as at 1 April 2019
p.000359:
p.000359:
p.000359: Reprints notes
p.000359: 1 General
p.000359: This is a reprint of the Accident Compensation Act 2001 that incorporates all the amendments to that Act as at the date
p.000359: of the last amendment to it.
p.000359: 2 Legal status
p.000359: Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and
p.000359: by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in
...
General/Other / Other Country
Searching for indicator another country:
(return to top)
p.000102: Part 4 s 120
p.000102:
p.000102: 119 Disentitlement for wilfully self-inflicted personal injuries and suicide
p.000102: (1) The Corporation must not provide any entitlements under Schedule 1 for any of the following:
p.000102: (a) a personal injury that a claimant wilfully inflicts on himself or herself, or, with intent to injure
p.000102: himself or herself, causes to be inflicted upon himself or herself:
p.000102: (b) the death of a claimant due to an injury inflicted in the circumstances described in paragraph
p.000102: (a):
p.000102: (c) the death of a claimant due to suicide.
p.000102: (2) However, subsection (1) does not excuse the Corporation from liability to pro- vide the claimant with
p.000102: entitlements for—
p.000102: (a) treatment; and
p.000102: (b) any ancillary service related to treatment referred to in clause 3(1) of Schedule 1.
p.000102: (3) Subsection (1) does not apply if the personal injury or death was the result of—
p.000102: (a) mental injury suffered because of physical injuries suffered by the claim- ant for which he or she had cover;
p.000102: or
p.000102: (b) mental injury suffered by the claimant in the circumstances described in section 21 or 21B.
p.000102: Section 119: substituted, on 1 July 2010, by section 12 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000102:
p.000102: 120 Disentitlement for conviction for murder
p.000102: (1) The Corporation must not provide any entitlement under Part 4 of Schedule 1 to a claimant if the claimant—
p.000102: (a) is entitled to the entitlement because of the death of another person; and
p.000102: (b) has been convicted in New Zealand or another country of the murder of the other person.
p.000102: (2) The Corporation must suspend any entitlement that the Corporation is liable to provide under Part 4 of
p.000102: Schedule 1 to the claimant because of the death of another person, if the claimant has been charged with the
p.000102: murder of the other person.
p.000102: (3) The suspension lasts until the proceedings in respect of the charge are finally determined or the charge is
p.000102: withdrawn.
p.000102: (4) An entitlement provided to a claimant under Part 4 of Schedule 1 becomes a debt due to the Corporation, and
p.000102: may be recovered in any court of competent jurisdiction, if—
p.000102: (a) the Corporation has provided the entitlement because of the death of another person; and
p.000102:
p.000102:
p.000102:
p.000103: 103
p.000103:
p.000103:
p.000103:
p.000103:
p.000103: Part 4 s 121 Accident Compensation Act 2001
p.000103: Reprinted as at 1 April 2019
p.000103:
p.000103: (b) the claimant has been convicted by a court in New Zealand or another country of the murder of the other
p.000103: person.
p.000103: (5) In this section, murder—
p.000103: (a) means murder within the meaning of the Crimes Act 1961; and
p.000103: (b) includes any killing of a person outside New Zealand that would, if done in New Zealand, have amounted to
p.000103: murder.
p.000103: Compare: 1998 No 114 s 121
p.000103: Section 120(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000103: Amendment Act (No 2) 2005 (2005 No 45).
p.000103:
p.000103: 121 Disentitlement during imprisonment
p.000103: (1) The Corporation must not provide any entitlements under Part 2 or Part 4 of Schedule 1 to a claimant in
p.000103: respect of any period during which the claimant is a prisoner in any prison.
p.000103: (2) The Corporation is not required to undertake any assessments or make any pay- ments under Part 3 of Schedule 1
p.000103: to a claimant while the claimant is a prisoner in any prison.
p.000103: (3) In this section, prisoner and prison have the same meaning as in section 3(1) of the Corrections Act 2004.
p.000103: Compare: 1998 No 114 s 122
p.000103: Section 121(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
p.000103: Section 121(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation
p.000103: Amendment Act (No 2) 2005 (2005 No 45).
p.000103: Section 121(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
p.000103: Section 121(3): substituted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004
p.000103: No 50).
p.000103:
p.000103: 122 Disentitlement for certain imprisoned offenders
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
p.000012:
p.000012:
p.000012: Purchase agreements
p.000012: 292 Minister to require information manager to enter into purchase agreement
p.000012:
p.000201: 201
p.000201: 293 Funding of information manager 201
p.000201: Part 9 Miscellaneous provisions
p.000201: Situations where previous insurer involved
p.000201: 294 Scope and purpose of sections 295 to 297 202
p.000201: 295 Obligation to provide entitlements where subsequent injury occurs 202
p.000201: 296 Failure to reach agreement 203
p.000201: 297 Entitlements not affected by court direction 204
p.000201:
p.000201: 298 Work-related gradual process, disease, or infection involving exposure before 1 April 2002
p.000201: Effect of Act and public interest
p.000204: 204
p.000204: 299 No contracting out of this Act 205
p.000204: 300 Public interest
p.000205: 205
p.000205: Public health acute services
p.000205:
p.000205: 301 Service agreement for purchase of public health acute services and other health services
p.000205: 302 Minister of Health’s responsibilities for purchase of public health acute services and other health
p.000205: services
p.000205: 303 Restriction on purchase by Corporation of public health acute services
p.000205: 205
p.000205:
p.000206: 206
p.000206:
p.000207: 207
p.000207: 304 Minister of Health acts on behalf of the Crown 207
p.000207: Joint purchasing arrangements
p.000207: 305 Joint purchasing arrangements for emergency transport services 207
p.000207: Special leave for non-work injuries
p.000207:
p.000207: 306 Sick leave may be used when employer not liable for first week compensation
p.000207: 207
p.000207: General notification provision
p.000207: 307 How documents given or information notified 208
p.000207: Offences and penalties generally
p.000207: 308 Offence to mislead Corporation 209
p.000207: 309 Offence not to provide requested information to Corporation 209
p.000207: 310 Offence not to provide earnings information to Corporation 210
p.000207: 311 Goods and services tax not payable on penalties or fines 210
p.000207: Liability of directors, employees, and officers
p.000207: 312 Directors, employees, and officers 210
p.000013: 13
p.000013:
p.000013: Accident Compensation Act 2001
p.000013: Reprinted as at 1 April 2019
p.000013: Informations
p.000013: 313 Charges
p.000211: 211
p.000211: Summary conviction [Repealed]
p.000211: 314 Summary conviction [Repealed] 211
p.000211: General fine
p.000211: 315 General fine for offences 211
p.000211: Offences relating to earner levies
...
p.000205: services), as agreed in the service agreement referred to in section 301.
p.000205: (2) The Minister of Health must ensure that every Crown funding agreement con- tains terms and conditions that—
p.000205: (a) conform with the service agreement referred to in section 301; and
p.000205:
p.000205:
p.000205:
p.000206: 206
p.000206:
p.000206:
p.000206: Reprinted as at
p.000206: 1 April 2019 Accident Compensation Act 2001
p.000206: Part 9 s 306
p.000206:
p.000206: (b) provide for the Minister of Health to maintain and monitor performance standards, including ethical standards,
p.000206: specified in the agreement; and
p.000206: (c) provide for the Minister of Health to provide the Corporation with all information contained in the
p.000206: service agreement that is relevant to the ser- vices the Corporation funds.
p.000206: Compare: 1998 No 114 s 361
p.000206:
p.000206: 303 Restriction on purchase by Corporation of public health acute services
p.000206: (1) The Corporation must not make any kind of agreement with a district health board or other provider about—
p.000206: (a) any public health acute services that the Corporation is liable to provide under this Act, whether for
p.000206: the payment for or provision of those ser- vices; or
p.000206: (b) any other matter concerning those services.
p.000206: (2) This section applies to avoid doubt.
p.000206: 304 Minister of Health acts on behalf of the Crown
p.000206: The Minister of Health acts on behalf of the Crown under sections 301 and 302.
p.000206:
p.000206: Joint purchasing arrangements
p.000206: 305 Joint purchasing arrangements for emergency transport services
p.000206: (1) The Corporation may enter into a contract, arrangement, or understanding with the Ministry of Health or a
p.000206: district health board to jointly purchase emergency transport services for the purposes of clause 3 of Schedule 1.
p.000206: (2) Nothing in Part 2 of the Commerce Act 1986, other than sections 36 and 36A, applies to—
p.000206: (a) a contract, arrangement, or understanding under this section; or
p.000206: (b) any act, matter, or thing done by any person for the purposes of entering into such a contract, arrangement,
p.000206: or understanding; or
p.000206: (c) any act, matter, or thing done by any person to give effect to such a con- tract, arrangement, or
p.000206: understanding.
p.000206: (3) Nothing in section 303 prevents a contract, arrangement, or understanding under this section.
p.000206: Special leave for non-work injuries
p.000206: 306 Sick leave may be used when employer not liable for first week compensation
p.000206: (1) If an employee suffers a personal injury that is not a work-related personal injury and is not
p.000206: a motor vehicle injury described in section 29(2), and the
p.000206:
p.000206:
p.000207: 207
p.000207:
p.000207:
p.000207:
p.000207:
p.000207: Part 9 s 307 Accident Compensation Act 2001
p.000207: Reprinted as at 1 April 2019
p.000207:
p.000207: employee is incapacitated, the employee may elect to take any unused sick leave entitlement that the
p.000207: employee may have under subpart 4 of Part 2 of the Holidays Act 2003 and use it in respect of an equivalent part of the
p.000207: first week of incapacity.
p.000207: (2) This section applies to avoid doubt.
p.000207: Section 306: substituted, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).
p.000207:
...
p.000322: provides that treatment; and
p.000322:
p.000265: 265
p.000265:
p.000265:
p.000265:
p.000265:
p.000265: Schedule 1 Accident Compensation Act 2001
p.000265: Reprinted as at 1 April 2019
p.000265:
p.000265: (f) has been provided after the Corporation has agreed to the treatment, unless clause 4(2) applies.
p.000265: (2) In deciding whether subclause (1)(a) to (e) applies to the claimant’s treatment, the Corporation must take
p.000265: into account—
p.000265: (a) the nature and severity of the injury; and
p.000265: (b) the generally accepted means of treatment for such an injury in New Zealand; and
p.000265: (c) the other options available in New Zealand for the treatment of such an injury; and
p.000265: (d) the cost in New Zealand of the generally accepted means of treatment and of the other options,
p.000265: compared with the benefit that the claimant is likely to receive from the treatment.
p.000265: 3 When Corporation is liable to pay or contribute to cost of ancillary services related to treatment
p.000265: (1) The Corporation is liable to pay or contribute to the cost of any service if the service facilitates the
p.000265: treatment and the service is reasonably required as an ancillary service related to treatment, such as—
p.000265: (a) accommodation:
p.000265: (b) escort for transport for treatment:
p.000265: (c) pharmaceuticals prescribed by a treatment provider who has statutory authority to prescribe
p.000265: pharmaceuticals:
p.000265: (d) laboratory tests requested by a registered health professional:
p.000265: (e) transport (whether emergency or otherwise).
p.000265: (2) This clause applies subject to any regulations made under this Act.
p.000265: Compare: 1998 No 114 Schedule 1 cl 2
p.000265:
p.000265: 4 Corporation’s prior agreement to treatment required, except in certain cases
p.000265: (1) The Corporation is not required to pay the costs of a claimant’s treatment unless the Corporation
p.000265: has given its prior agreement to the treatment.
p.000265: (2) However, subclause (1) does not apply if the treatment is—
p.000265: (a) acute treatment; or
p.000265: (b) a public health acute service; or
p.000265: (c) of a type specified in regulations made under this Act as treatment that does not require the Corporation’s
p.000265: prior approval; or
p.000265: (d) of a type specified in or under an agreement or contract between the Cor- poration and a treatment provider as
p.000265: treatment that does not require the Corporation’s prior approval, and the treatment is to be provided by the treatment
p.000265: provider.
p.000265:
p.000266: 266
p.000266:
p.000266:
p.000266: Reprinted as at
p.000266: 1 April 2019 Accident Compensation Act 2001
p.000266: Schedule 1
p.000266:
p.000266: (3) In deciding whether to give its prior agreement to treatment, the Corporation—
p.000266: (a) must take into account the matters in clause 2(1)(a) to (e); and
p.000266: (b) may make its agreement subject to prior compliance with any require- ments relating to those matters.
p.000266: Compare: 1998 No 114 Schedule 1 cl 3
p.000266: Schedule 1 clause 4(1): amended, on 1 July 2005, by section 60(1) of the Injury Prevention, Rehabili- tation, and
p.000266: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000266:
p.000266: 5 Corporation may require claimant to supply information about treatment
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.000019: relating to former Acts.
p.000019: 5 Act to bind the Crown
p.000019: This Act binds the Crown.
p.000019: Compare: 1998 No 114 s 3
p.000019:
p.000019: 5A Transitional, savings, and related provisions
p.000019: The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
p.000019: Section 5A: inserted, on 1 April 2017, by section 4 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000019:
p.000019: 6 Interpretation
p.000019: (1) In this Act, unless the context otherwise requires,—
p.000019: accident has the meaning set out in section 25
p.000019: Accounts means the Accounts required to be maintained and operated under section 166
p.000019:
p.000019:
p.000019:
p.000019:
p.000020: 20
p.000020:
p.000020:
p.000020: Reprinted as at
p.000020: 1 April 2019 Accident Compensation Act 2001
p.000020: Part 1 s 6
p.000020:
p.000020: activity, for the purposes of Part 6,—
p.000020: (a) means a business, industry, profession, trade, undertaking of an employer, a self-employed
p.000020: person, or a private domestic worker; and
p.000020: (b) includes ancillary or subservient functions relating to the activity, such as administration, management,
p.000020: marketing and distribution, technical support, maintenance, and product development; and
p.000020: (c) in the case of a self-employed person, refers to the nature of his or her work rather than the context or
p.000020: business in which he or she is working
p.000020: acupuncturist means—
p.000020: (a) a member of the New Zealand Register of Acupuncturists Incorporated; or
p.000020: (b) a member of the New Zealand Acupuncture Standards Authority Incorp- orated who—
p.000020: (i) is a qualified health professional registered to practise in some other medical discipline in New
p.000020: Zealand who holds a recognised postgraduate qualification in acupuncture of a minimum of 120 credits (1 year
p.000020: full time) at Level 8 or above on the New Zealand Register of Quality Assured Qualifications; or
p.000020: (ii) holds a National Diploma in Acupuncture (Level 7) or equivalent according to the criteria for the New Zealand
p.000020: Register of Quality Assured Qualifications
p.000020: acute treatment has the meaning set out in section 7
p.000020: audiologist—
p.000020: (a) means a member of the New Zealand Audiological Society; but
p.000020: (b) does not include a member when he or she is acting in the course of employment by a supplier of
p.000020: hearing aids or acting as a supplier of hear- ing aids
p.000020: Board means the Board of the Corporation
p.000020: child, in relation to a deceased claimant,—
p.000020: (a) means his or her natural child; and
p.000020: (b) includes his or her adopted child; and
p.000020: (c) includes any other child who would ordinarily be regarded as his or her child because the deceased claimant—
p.000020: (i) was the spouse or partner of one of the child’s parents; and
p.000020: (ii) acted as a parent of the child; but
...
p.000024: Part 1 s 6
p.000024:
p.000024: (c) as a representative or officer or employee of any international organisa- tion or of the Commonwealth
p.000024: Secretariat or of any organ of an inter- national organisation or the Commonwealth Secretariat; or
p.000024: (d) as a representative at any conference convened in New Zealand by an international organisation or
p.000024: by the Commonwealth Secretariat
p.000024: former Act includes the Accident Insurance Act 1998, the Accident Rehabili- tation and Compensation Insurance Act 1992,
p.000024: the Accident Compensation Act 1982, and the Accident Compensation Act 1972
p.000024: full-time employment, in relation to an earner, means employment in the 4 weeks immediately before his or
p.000024: her incapacity commenced, for either—
p.000024: (a) an average of at least 30 hours per week; or
p.000024: (b) a lesser number of hours, if the lesser number of hours is defined as full- time employment in the employment
p.000024: agreement under which the earner was employed, because of the particular nature of that employment
p.000024: full-time study means a course of study recognised as full-time by the place of education that administers it
p.000024: government agency, for the purposes of Part 8 and section 324(4)(b)(ii), includes a government department and
p.000024: a Crown entity
p.000024: health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015
p.000024: health practitioner—
p.000024: (a) means a person who is, or is deemed to be, registered with an authority established or continued by section
p.000024: 114 of the Health Practitioners Com- petence Assurance Act 2003 as a practitioner of a particular health pro- fession;
p.000024: but
p.000024: (b) in relation to that health profession and to any purpose stated in a rele- vant notice under section 322A,
p.000024: does not include a person who, for that purpose, is declared not to be a health practitioner
p.000024: impairment, unless otherwise defined in regulations made under section 322, means a loss, loss of use, or derangement
p.000024: of any body part, organ system, or organ function
p.000024: incapacity,—
p.000024: (a) for the purposes of determining incapacity, means incapacity determined under section 103 or section 105, as
p.000024: the case may require; and
p.000024: (b) includes absence from employment in order to get treatment for personal injury covered by this Act, if the
p.000024: treatment—
p.000024: (i) is necessary for the injury; and
p.000024: (ii) is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1
p.000024:
p.000024:
p.000025: 25
p.000025:
p.000025:
p.000025:
p.000025:
p.000025: Part 1 s 6 Accident Compensation Act 2001
p.000025: Reprinted as at 1 April 2019
p.000025:
p.000025: individual rehabilitation plan—
p.000025: (a) means a plan under section 75 that provides for a claimant to receive rehabilitation that will
p.000025: assist in accordance with section 70 in restoring the claimant’s health, independence, and participation to the maximum
p.000025: practicable extent; and
p.000025: (b) includes an individual rehabilitation programme or individual rehabilita- tion plan entered into under a
p.000025: former Act
p.000025: medical laboratory technologist means a health practitioner who—
p.000025: (a) is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued by section
p.000025: 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical
p.000025: laboratory science; and
p.000025: (b) holds a current practising certificate
p.000025: medical practitioner means a health practitioner who—
p.000025: (a) is, or is deemed to be, registered with the Medical Council of New Zea- land continued by section 114(1)(a) of
p.000025: the Health Practitioners Compe- tence Assurance Act 2003 as a practitioner of the profession of medi- cine;
p.000025: and
p.000025: (b) holds a current practising certificate
p.000025: medical radiation technologist means a health practitioner who—
p.000025: (a) is, or is deemed to be, registered with the Medical Radiation Technolo- gists Board continued by section
p.000025: 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical
p.000025: radiation technology; and
p.000025: (b) holds a current practising certificate
p.000025: mental injury has the meaning set out in section 27
p.000025: midwife means a health practitioner who—
p.000025: (a) is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health
p.000025: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery; and
p.000025: (b) holds a current practising certificate
p.000025: Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant
p.000025: or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
p.000025: moped has the meaning given to it in section 2(1) of the Transport (Vehicle and Driver Registration and
p.000025: Licensing) Act 1986
p.000025: motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
p.000025: Motor Vehicle Account means the Account described in section 213
p.000025:
p.000025:
p.000026: 26
p.000026:
p.000026:
p.000026: Reprinted as at
p.000026: 1 April 2019 Accident Compensation Act 2001
p.000026: Part 1 s 6
p.000026:
p.000026: motor vehicle injury has the meaning set out in sections 29 and 35
p.000026: motorcycle has the meaning given to it in section 2(1) of the Transport (Vehicle and Driver Registration
p.000026: and Licensing) Act 1986
p.000026: Motorcycle Safety levy means the levy payable under section 214(3)
p.000026: New Zealand has the meaning set out in section 16
p.000026: New Zealand superannuation qualification age,—
p.000026: (a) for a person born before 1 April 1936, means the appropriate age set out in section 3 of the Social
p.000026: Welfare (Transitional Provisions) Act 1990 (before its repeal):
p.000026: (b) for any other person, means the age specified in section 7 of the New Zealand Superannuation and
p.000026: Retirement Income Act 2001,—
p.000026: irrespective of whether or not the particular person qualifies for New Zealand superannuation at that or any other age
p.000026: non-earner means a natural person who is not an earner
...
p.001972:
p.001972:
p.001972:
p.001972:
p.000029: 29
p.000029:
p.000029:
p.000029:
p.000029:
p.000029: Part 1 s 6 Accident Compensation Act 2001
p.000029: Reprinted as at 1 April 2019
p.000029:
p.000029: (c) attended by a person for a course of education or training for the pur- poses of his or her
p.000029: current employment, if he or she receives earnings from that employment for his or her attendance
p.000029: podiatrist means a health practitioner who—
p.000029: (a) is, or is deemed to be, registered with the Podiatrists Board continued by section 114(1)(a) of the Health
p.000029: Practitioners Competence Assurance Act 2003 as a practitioner of the profession of podiatry; and
p.000029: (b) holds a current practising certificate
p.000029: potential earner means a claimant who either—
p.000029: (a) suffered personal injury before turning 18 years; or
p.000029: (b) suffered personal injury while engaged in full-time study or training that began before the claimant turned 18
p.000029: years and continued uninterrupted until after the claimant turned 18 years
p.000029: practicable, in relation to rehabilitation, means practicable after considering and balancing the following:
p.000029: (a) the nature and consequences of the injury:
p.000029: (b) the achievement of rehabilitation outcomes:
p.000029: (c) costs:
p.000029: (d) cost effectiveness:
p.000029: (e) the availability of other forms of rehabilitation:
p.000029: (f) other relevant factors
p.000029: practising certificate means an annual practising certificate issued by the rele- vant authority under section
p.000029: 26(3) or section 29(4), or deemed to have been issued under section 191(2), of the Health Practitioners
p.000029: Competence Assurance Act 2003
p.000029: private domestic worker means a person—
p.000029: (a) who is employed by any other person where—
p.000029: (i) the employer is the occupier or one of the occupiers of a dwelling- house or other premises used exclusively
p.000029: for residential purposes; and
p.000029: (ii) the employment is for the performance of work in or about the dwellinghouse or premises or the
p.000029: garden or grounds belonging to the dwellinghouse or premises; and
p.000029: (iii) the employment is not in relation to any business carried on by the employer or to any occupation or calling
p.000029: of the employer; and
p.000029: (iv) the employment is not regular full-time employment; and
p.000029: (b) to whom section RD 4 of the Income Tax Act 2007 (obligation to make own tax deductions) applies
p.000029:
p.000029:
p.000030: 30
p.000030:
p.000030:
p.000030: Reprinted as at
p.000030: 1 April 2019 Accident Compensation Act 2001
p.000030: Part 1 s 6
p.000030:
p.000030: public health acute services means services (as defined in regulations made under section 322(2)) that are
p.000030: purchased through the Minister of Health and provided by a publicly funded provider
p.000030: registered health professional—
p.000030: (a) means a chiropractor, clinical dental technician, dental technician, den- tist, medical laboratory
p.000030: technologist, medical practitioner, medical radi- ation technologist, midwife, nurse, nurse practitioner,
p.000030: occupational therapist, optometrist, pharmacist, physiotherapist, or podiatrist; and
...
p.000108: Compare: 1998 No 114 s 317
p.000108:
p.000108: 132 Adjustment of payments for part periods
p.000108: If any amount is payable by the Corporation under this Act on a weekly basis and the entitlement to that payment ceases
p.000108: other than at the end of a week, an appropriate adjustment may be made.
p.000108: Compare: 1998 No 114 s 318
p.000108:
p.000108:
p.000108:
p.000108:
p.000108:
p.000108:
p.000108:
p.000108:
p.000108:
p.000109: 109
p.000109:
p.000109:
p.000109:
p.000109:
p.000109: Part 5 s 133 Accident Compensation Act 2001
p.000109: Reprinted as at 1 April 2019
p.000109:
p.000109: Part 5 Dispute resolution
p.000109: Preliminary provision
p.000109: 133 Effect of review or appeal on decisions
p.000109: (1) A decision by the Corporation on a claim continues to be of full effect even though—
p.000109: (a) an applicant has made a review application relating to the decision; or
p.000109: (b) any other proceeding relating to the decision has been commenced.
p.000109: (2) A review decision continues to be of full effect, unless subsection (3) applies, even though—
p.000109: (a) an appellant has filed a notice of appeal relating to the review decision; or
p.000109: (b) any other proceeding relating to the review decision has been com- menced.
p.000109: (3) A review decision ceases to be of full effect if all the parties to the review agree to a
p.000109: variation of it for the benefit of the claimant.
p.000109: (4) A review decision is subject to section 161 (the court’s powers to determine an appeal).
p.000109: (5) If a person has a claim under this Act, and has a right of review or appeal in relation to that claim, no
p.000109: court, Employment Relations Authority, Disputes Tri- bunal, or other body may consider or grant remedies in relation to
p.000109: that matter if it is covered by this Act, unless this Act otherwise provides.
p.000109: Compare: 1998 No 114 s 134
p.000109:
p.000109: Reviews
p.000109: 134 Who may apply for review
p.000109: (1) A claimant may apply to the Corporation for a review of—
p.000109: (a) any of its decisions on the claim:
p.000109: (b) any delay in processing the claim for entitlement that the claimant believes is an unreasonable
p.000109: delay:
p.000109: (c) any of its decisions under the Code on a complaint by the claimant.
p.000109: (1A) However, a decision of the Corporation regarding the exercise of discretion under section 68(3) is not
p.000109: reviewable under Part 5.
p.000109: (2) An employer may apply to the Corporation for a review of its decision that a claimant’s injury is a
p.000109: work-related personal injury suffered during employment with that employer.
p.000109:
p.000109:
p.000109:
p.000110: 110
p.000110:
p.000110:
p.000110: Reprinted as at
p.000110: 1 April 2019 Accident Compensation Act 2001
p.000110: Part 5 s 135
p.000110:
p.000110: (3) An employer may not apply to the Corporation for a review of a decision about the entitlements that have
p.000110: been or are to be provided to a claimant who has cover for a work-related personal injury.
p.000110: (4) [Repealed]
p.000110: (5) A levy payer may apply to the Corporation for a review of a determination under section 209(1) or
p.000110: a decision referred to in section 236(1).
p.000110: Compare: 1998 No 114 s 135
p.000110: Section 134(1A): inserted, on 1 July 2005, by section 25(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000110: Amendment Act (No 2) 2005 (2005 No 45).
...
p.000178: (1) The production of any document under the seal of the Corporation, or under the hand of any person authorised
p.000178: for the purpose by the Corporation or an agent of the Corporation, purporting to be a copy of or extract from any
p.000178: statement relating to earnings or from any assessment or amended assessment of levies under this Part, is in all
p.000178: courts and all proceedings (including reviews or appeals conducted under this Act) sufficient evidence of the
p.000178: original, and the production of the original is not necessary.
p.000178: (2) All courts and persons conducting reviews or appeals under this Act must, in all proceedings, take judicial
p.000178: notice of the seal of the Corporation, and of the signature of any officer or agent of the Corporation duly authorised
p.000178: for the pur- pose, either to the original or to any such copy or extract.
p.000178: Compare: 1998 No 114 s 326
p.000178:
p.000178:
p.000178:
p.000178:
p.000178:
p.000178:
p.000178:
p.000179: 179
p.000179:
p.000179:
p.000179:
p.000179:
p.000179: Part 7 s 259 Accident Compensation Act 2001
p.000179: Reprinted as at 1 April 2019
p.000179:
p.000179: Part 7
p.000179: Accident Compensation Corporation
p.000179: The Corporation
p.000179: 259 Accident Compensation Corporation
p.000179: (1) The Accident Compensation Corporation established by the Accident Insur- ance Act 1998 is continued.
p.000179: (2) The Corporation is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
p.000179: (3) The Crown Entities Act 2004 applies to the Corporation except to the extent that this Act expressly provides
p.000179: otherwise.
p.000179: (4) The Corporation is a local authority for the purposes of section 73 of the Public Finance Act 1989.
p.000179: (5) The Corporation is exempt from income tax.
p.000179: Compare: 1998 No 114 s 328
p.000179: Section 259(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000179: (2004 No 115).
p.000179: Section 259(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000179: (2004 No 115).
p.000179: Section 259(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000179: (2004 No 115).
p.000179:
p.000179: 260 Powers of Corporation
p.000179: [Repealed]
p.000179: Section 260: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000179: No 115).
p.000179:
p.000179: 261 Relationship between Corporation and subsidiaries
p.000179: Except as otherwise specified in this Act or as required by virtue of any delega- tion to a Crown entity subsidiary of
p.000179: the Corporation, a reference in this Act to the Corporation is not to be read as including a reference to any Crown
p.000179: entity subsidiary of the Corporation.
p.000179: Compare: 1998 No 114 s 330
p.000179: Section 261: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000179: No 115).
p.000179:
p.000179: 262 Functions of Corporation
p.000179: (1) The functions of the Corporation are to—
p.000179: (a) carry out the duties referred to in section 165; and
p.000179: (b) promote measures to reduce the incidence and severity of personal injury in accordance with section 263; and
p.000179:
p.000179:
p.000179:
p.000180: 180
p.000180:
p.000180:
p.000180: Reprinted as at
p.000180: 1 April 2019 Accident Compensation Act 2001
p.000180: Part 7 s 263
p.000180:
...
p.000183: than on a commercial basis, but only if—
p.000183: (a) the service being provided is one that is consistent with the role and functions of the
p.000183: Corporation under this Act; and
p.000183: (b) any decision to provide the service, and the provision of the service, is consistent with any relevant policy
p.000183: direction given by the Minister under section 103 of the Crown Entities Act 2004.
p.000183: (5) All money received by the Corporation from an appropriation by Parliament for the purposes of
p.000183: subsection (4), and the expenditure of that money, must be allocated and managed through the Accounts if it is
p.000183: reasonable and practicable to do so; but otherwise it must be applied, accounted for, and reported on separ- ately from
p.000183: the Accounts.
p.000183: Section 265: substituted, on 3 March 2010, by section 41 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000183:
p.000183:
p.000184: 184
p.000184:
p.000184:
p.000184: Reprinted as at
p.000184: 1 April 2019 Accident Compensation Act 2001
p.000184: Part 7 s 267
p.000184:
p.000184: 266 Provisions relating to Crown entity subsidiaries
p.000184: (1) A Crown entity subsidiary formed by the Corporation must be wholly owned by the Corporation.
p.000184: (2) The principal objective of a Crown entity subsidiary is to operate as a success- ful business and, to that
p.000184: extent, to be—
p.000184: (a) as profitable and efficient as any comparable business not owned by the Crown; and
p.000184: (b) [Repealed]
p.000184: (3) A Crown entity subsidiary of the Corporation—
p.000184: (a) is a Crown entity for the purposes of the Crown Entities Act 2004:
p.000184: (b) is not a local authority for the purposes of section 73 of the Public Finance Act 1989:
p.000184: (c) is not exempt from income tax.
p.000184: (4) The returns generated by the activities of any Crown entity subsidiary must be applied by the Corporation
p.000184: on a basis determined in the statement of intent under section 272 or (in the absence of such a determination)
p.000184: in a policy direc- tion under section 103 of the Crown Entities Act 2004.
p.000184: Compare: 1998 No 114 s 334(1)–(4)
p.000184: Section 266 heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000184: Section 266(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000184: No 115).
p.000184: Section 266(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000184: No 115).
p.000184: Section 266(2)(b): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000184: 115).
p.000184: Section 266(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000184: (2004 No 115).
p.000184: Section 266(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000184: No 115).
p.000184:
p.000184: 267 Board of Corporation
p.000184: (1) The Board of the Corporation consists of not more than 8 members appointed by the Minister under section
p.000184: 28(1)(a) of the Crown Entities Act 2004.
p.000184: (2) A person is not interested in a matter for the purposes of section 62(2) of the Crown Entities Act 2004 only
p.000184: because he or she is a taxpayer or private moto- rist.
p.000184: (3) [Repealed]
p.000184: (4) [Repealed]
p.000184: (5) The members of the Board of the Corporation who held office immediately before the commencement of
p.000184: this section hold office under this section for the
p.000184:
p.000184:
p.000185: 185
p.000185:
p.000185:
p.000185:
p.000185:
p.000185: Part 7 s 268 Accident Compensation Act 2001
p.000185: Reprinted as at 1 April 2019
p.000185:
p.000185: remainder of the terms for which they were appointed as members of the Board under the Accident Insurance Act 1998.
p.000185: (6) The Chairperson and Deputy Chairperson of the Corporation are the persons who held those positions
p.000185: under the Accident Insurance Act 1998 immediately before the commencement of this section.
p.000185: Compare: 1998 No 114 s 336
p.000185: Section 267(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000185: No 115).
p.000185: Section 267(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000185: (2004 No 115).
p.000185: Section 267(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000185: No 115).
p.000185: Section 267(4): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000185: No 115).
p.000185:
p.000185: 268 Protection of names “Accident Compensation Corporation” and “Accident Rehabilitation and Compensation Insurance
p.000185: Corporation”
p.000185: (1) No company or other body may be incorporated or registered under a name that contains the words
p.000185: “Accident Compensation Corporation” or “Accident Rehabilitation and Compensation Insurance Corporation” or
p.000185: under any other name that, in the opinion of the Registrar of Companies, or the appropriate registering
p.000185: authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981, so resembles such
p.000185: a name as to be likely to deceive.
p.000185: (2) This section does not apply to the Corporation or to any person who is author- ised by the Corporation.
p.000185: Compare: 1998 No 114 s 337(1), (2)
p.000185:
p.000185: Provisions relating to accountability of Corporation
p.000185: 269 Further provisions applying to Corporation
p.000185: The provisions set out in Schedule 5 apply in relation to the Corporation (but, unless specified, not any Crown entity
p.000185: subsidiary of the Corporation).
p.000185: Compare: 1998 No 114 s 338
p.000185: Section 269: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000185: No 115).
p.000185:
p.000185: 270 Corporation to comply with Government policy
p.000185: [Repealed]
p.000185: Section 270: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000185: No 115).
p.000185:
p.000185: 271 Service agreements between Corporation and Minister
p.000185: (1) In this section, year means a period of 12 months commencing on 1 July in any year and ending with the close
p.000185: of 30 June in the next year.
p.000185:
p.000186: 186
p.000186:
p.000186:
p.000186: Reprinted as at
p.000186: 1 April 2019 Accident Compensation Act 2001
p.000186: Part 7 s 271
p.000186:
p.000186: (2) Once a year, the Minister must require the Corporation to enter into with the Minister a service agreement
p.000186: concerning the quality and quantity of services to be purchased or provided by the Corporation (including
p.000186: services delivered through any Crown entity subsidiary of the Corporation).
...
p.000195: achieve the purpose of this section.
p.000195:
p.000195:
p.000195:
p.000196: 196
p.000196:
p.000196:
p.000196: Reprinted as at
p.000196: 1 April 2019 Accident Compensation Act 2001
p.000196: Part 7 s 286
p.000196:
p.000196: (3) Information must be provided under subsection (2) in accordance with an agreement between the
p.000196: Corporation and the chief executive of that department.
p.000196: Section 283(1): amended, on 14 July 2017, by section 150(2) of the Children, Young Persons, and Their Families (Oranga
p.000196: Tamariki) Legislation Act 2017 (2017 No 31).
p.000196:
p.000196: 284 Reporting of risk of harm to public
p.000196: (1) This section applies to information collected by the Corporation in the course of processing claims—
p.000196: (a) for treatment injury; or
p.000196: (b) for personal injury of a type described in section 20(2)(d); or
p.000196: (c) for personal injury caused by medical misadventure; or
p.000196: (d) that are in the nature of claims for treatment injury, but are caused by a person who is not a registered
p.000196: health professional.
p.000196: (2) If the Corporation believes, from information referred to in subsection (1), there is a risk of harm
p.000196: to the public, the Corporation must report the risk, and any other relevant information, to the authority responsible
p.000196: for patient safety in relation to the treatment that caused the personal injury.
p.000196: Section 284: substituted, on 1 July 2005, by section 47 of the Injury Prevention, Rehabilitation, and Compensation
p.000196: Amendment Act (No 2) 2005 (2005 No 45).
p.000196:
p.000196: 285 Personal injuries in nature of medical misadventure
p.000196: [Repealed]
p.000196: Section 285: repealed, on 1 July 2005, by section 48 of the Injury Prevention, Rehabilitation, and
p.000196: Compensation Amendment Act (No 2) 2005 (2005 No 45).
p.000196:
p.000196: Information about work-related injuries
p.000196: 286 Corporation to provide information to Ministry of Business, Innovation, and Employment and to health and safety
p.000196: regulators
p.000196: (1) The Corporation must provide to the chief executive of the Ministry of Busi- ness, Innovation, and Employment
p.000196: or to a health and safety regulator any infor- mation held by the Corporation under this Act that—
p.000196: (a) relates to—
p.000196: (i) employers; or
p.000196: (ii) workplaces; or
p.000196: (iii) claims for work-related personal injury; and
p.000196: (b) is of a type specified for the purpose of this section in an agreement between the Corporation
p.000196: and the chief executive of the Ministry of Busi- ness, Innovation, and Employment or the health and safety regulator as
p.000196: the case may be.
p.000196:
p.000196:
p.000196:
p.000196:
p.000197: 197
p.000197:
p.000197:
p.000197:
p.000197:
p.000197: Part 7 s 286 Accident Compensation Act 2001
p.000197: Reprinted as at 1 April 2019
p.000197:
p.000197: (2) The chief executive of the Ministry of Business, Innovation, and Employment and the health and safety
p.000197: regulator may use the information only for 1 or more of the following purposes:
...
p.000199: and the chief executive of the government agency or the bona fide researcher.
p.000199: (6) In exercising the powers conferred by subsection (3), a manager must—
p.000199: (a) comply with the Privacy Act 1993 and the Health Information Privacy Code and any other codes issued under that
p.000199: Act; and
p.000199:
p.000199:
p.000199:
p.000200: 200
p.000200:
p.000200:
p.000200: Reprinted as at
p.000200: 1 April 2019 Accident Compensation Act 2001
p.000200: Part 8 s 293
p.000200:
p.000200: (b) ensure that standards set for the purpose of this Part are complied with; and
p.000200: (c) comply with section 11 of the Statistics Act 1975.
p.000200: (7) A manager may delegate any of the manager’s functions.
p.000200: (8) If Statistics New Zealand is designated as an information manager,—
p.000200: (a) subsections (2) to (7) and sections 290 and 292 do not apply; but
p.000200: (b) nothing in this section limits or affects anything in the Statistics Act 1975.
p.000200: 290 Information manager can require government agencies to provide injury- related information
p.000200: (1) Without limiting section 289(3), an information manager may require a govern- ment agency (other than
p.000200: Statistics New Zealand) that holds information rele- vant to the purpose of this Part to provide the information to the
p.000200: manager.
p.000200: (2) The manager and the agency must enter into an understanding or arrangement with each other governing the
p.000200: provision of the information.
p.000200: (3) For the purposes of the Privacy Act 1993 and any other enactment relating to the provision of information, a
p.000200: requirement under subsection (1) is sufficient authority for an agency to provide specified information to a manager.
p.000200: 291 Ministerial advisory panel
p.000200: [Repealed]
p.000200: Section 291: repealed, on 3 March 2010, by section 44 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000200:
p.000200: Purchase agreements
p.000200: 292 Minister to require information manager to enter into purchase agreement
p.000200: (1) The Minister designated under section 289(2) and an information manager must negotiate a purchase
p.000200: agreement specifying the nature, quantity, and qual- ity of the services to be provided by the manager in exercising
p.000200: and performing the manager’s functions, duties, and powers.
p.000200: (2) A purchase agreement may be amended or revoked in the manner set out in the agreement.
p.000200: (3) A manager must take all reasonable steps to comply with any applicable pur- chase agreement for the time being
p.000200: in force.
p.000200: Compare: 1998 No 114 s 340
p.000200:
p.000200: 293 Funding of information manager
p.000200: An information manager’s operations are to be funded by either or both of the following:
p.000200: (a) an appropriation from Parliament for the purpose:
p.000200:
p.000201: 201
p.000201:
p.000201:
p.000201:
p.000201:
p.000201: Part 9 s 294 Accident Compensation Act 2001
p.000201: Reprinted as at 1 April 2019
p.000201:
p.000201: (b) revenue derived from charging for the provision of injury-related infor- mation.
p.000201:
p.000201: Part 9 Miscellaneous provisions
p.000201: Situations where previous insurer involved
p.000201: 294 Scope and purpose of sections 295 to 297
p.000201: (1) Sections 295 to 297 apply in any case where a claimant is receiving, or is entitled to receive,
...
p.000229: 229
p.000229:
p.000229:
p.000229:
p.000229:
p.000229: Part 9 s 333 Accident Compensation Act 2001
p.000229: Reprinted as at 1 April 2019
p.000229:
p.000229: 333 General power to make regulations
p.000229: (1) The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—
p.000229: (a) prescribing forms of applications, notices, and other documents required for the purposes of this Act, and
p.000229: requiring the use of such forms:
p.000229: (b) prescribing—
p.000229: (i) the matters in respect of which fees or charges are payable under this Act, including any administration
p.000229: fee payable in respect of levies paid in instalments:
p.000229: (ii) the amounts of those fees or charges, or the method or rates by which they are to be assessed:
p.000229: (iii) the persons liable for payment of those fees or charges:
p.000229: (iv) the circumstances in which the payment of the whole or any part of those fees or charges may be remitted or
p.000229: waived:
p.000229: (v) the manner in which the fees or charges are to be paid:
p.000229: (c) prescribing the rates of interest payable under this Act:
p.000229: (d) providing for such matters as are contemplated by or necessary for giv- ing full effect to this Act and for
p.000229: its due administration.
p.000229: (2) For the purposes of the consultation requirements of this Part, the Minister may take into account any
p.000229: relevant consultation undertaken before the commence- ment of this section.
p.000229: Compare: 1998 No 114 s 412
p.000229:
p.000229: 334 Regulations may confer discretion
p.000229: No regulation is invalid on the ground that it delegates to, or confers on, any person or body any discretionary
p.000229: authority.
p.000229: Compare: 1998 No 114 s 413
p.000229:
p.000229: 335 Regulations may prescribe offences and fines
p.000229: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—
p.000229: (a) prescribing offences in respect of the breach of, or non-compliance with,—
p.000229: (i) any regulations made under this Act; or
p.000229: (ii) any requirement or direction made or given under any such regu- lations; and
p.000229: (b) prescribing fines not exceeding $500 in respect of any offences pre- scribed under this section.
p.000229: Compare: 1998 No 114 s 414
p.000229:
p.000229:
p.000229:
p.000230: 230
p.000230:
p.000230:
p.000230: Reprinted as at
p.000230: 1 April 2019 Accident Compensation Act 2001
p.000230: Part 9 s 336A
p.000230:
p.000230: 336 Amendment of Schedule 2 by Order in Council
p.000230: (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2 by—
p.000230: (a) adding or varying the description of a personal injury, together with the corresponding—
p.000230: (i) agents, dusts, compounds, substances, radiation, or things (as the case may be) and, if appropriate,
p.000230: the relevant level or extent of exposure to such agents, dusts, compounds, substances, radiation, or things; or
p.000230: (ii) occupations, industries, or processes; or
p.000230: (b) updating the schedule in order that the schedule may conform with the terminology or recommended practices of
p.000230: any international organisation.
p.000230: (2) The Minister must not make any recommendation under subsection (1) without first consulting the persons or
p.000230: organisations the Minister considers appropriate, having regard to the subject matter of the proposed order.
...
p.000322: (d) is of a type normally provided by a treatment provider; and
p.000322: (e) is provided by a treatment provider of a type who is qualified to provide that treatment and who normally
p.000322: provides that treatment; and
p.000322:
p.000265: 265
p.000265:
p.000265:
p.000265:
p.000265:
p.000265: Schedule 1 Accident Compensation Act 2001
p.000265: Reprinted as at 1 April 2019
p.000265:
p.000265: (f) has been provided after the Corporation has agreed to the treatment, unless clause 4(2) applies.
p.000265: (2) In deciding whether subclause (1)(a) to (e) applies to the claimant’s treatment, the Corporation must take
p.000265: into account—
p.000265: (a) the nature and severity of the injury; and
p.000265: (b) the generally accepted means of treatment for such an injury in New Zealand; and
p.000265: (c) the other options available in New Zealand for the treatment of such an injury; and
p.000265: (d) the cost in New Zealand of the generally accepted means of treatment and of the other options,
p.000265: compared with the benefit that the claimant is likely to receive from the treatment.
p.000265: 3 When Corporation is liable to pay or contribute to cost of ancillary services related to treatment
p.000265: (1) The Corporation is liable to pay or contribute to the cost of any service if the service facilitates the
p.000265: treatment and the service is reasonably required as an ancillary service related to treatment, such as—
p.000265: (a) accommodation:
p.000265: (b) escort for transport for treatment:
p.000265: (c) pharmaceuticals prescribed by a treatment provider who has statutory authority to prescribe
p.000265: pharmaceuticals:
p.000265: (d) laboratory tests requested by a registered health professional:
p.000265: (e) transport (whether emergency or otherwise).
p.000265: (2) This clause applies subject to any regulations made under this Act.
p.000265: Compare: 1998 No 114 Schedule 1 cl 2
p.000265:
p.000265: 4 Corporation’s prior agreement to treatment required, except in certain cases
p.000265: (1) The Corporation is not required to pay the costs of a claimant’s treatment unless the Corporation
p.000265: has given its prior agreement to the treatment.
p.000265: (2) However, subclause (1) does not apply if the treatment is—
p.000265: (a) acute treatment; or
p.000265: (b) a public health acute service; or
p.000265: (c) of a type specified in regulations made under this Act as treatment that does not require the Corporation’s
p.000265: prior approval; or
p.000265: (d) of a type specified in or under an agreement or contract between the Cor- poration and a treatment provider as
p.000265: treatment that does not require the Corporation’s prior approval, and the treatment is to be provided by the treatment
p.000265: provider.
p.000265:
p.000266: 266
p.000266:
p.000266:
p.000266: Reprinted as at
p.000266: 1 April 2019 Accident Compensation Act 2001
p.000266: Schedule 1
p.000266:
p.000266: (3) In deciding whether to give its prior agreement to treatment, the Corporation—
p.000266: (a) must take into account the matters in clause 2(1)(a) to (e); and
p.000266: (b) may make its agreement subject to prior compliance with any require- ments relating to those matters.
p.000266: Compare: 1998 No 114 Schedule 1 cl 3
...
p.000276: (ii) enjoying reasonable freedom of movement in his or her home:
p.000276: (iii) living independently in his or her home; and
p.000276: (c) the likely duration of the claimant’s residence in the home; and
p.000276: (d) the cost, and the relevant benefit, to the claimant of the proposed modifi- cations; and
p.000276: (e) if the home is not owned by the claimant, whether the owner agrees to the modifications being done; and
p.000276: (f) the likely cost of reasonable alternative living arrangements; and
p.000276: (g) the likely duration of the limitations arising from the personal injury for which the claimant has cover.
p.000276:
p.000276:
p.000277: 277
p.000277:
p.000277:
p.000277:
p.000277:
p.000277: Schedule 1 Accident Compensation Act 2001
p.000277: Reprinted as at 1 April 2019
p.000277:
p.000277: (2) For the purposes of subclause (1)(b)(iii), the assessment of whether a claimant is living independently is
p.000277: not affected by whether the claimant lives with others.
p.000277: Compare: 1998 No 114 Schedule 1 cl 47
p.000277:
p.000277: 19 Modifications to home: rights and responsibilities
p.000277: (1) The Corporation is responsible for—
p.000277: (a) making a preliminary assessment as to whether the proposed modifica- tions serve the purpose in section 79;
p.000277: and
p.000277: (b) if it considers the proposed modifications serve that purpose, meeting the costs of obtaining local
p.000277: authority approval.
p.000277: (2) The claimant is responsible for—
p.000277: (a) obtaining the written consent to the modifications to which the Corpor- ation has given preliminary approval,
p.000277: from the owner of the home and any lessor or co-tenant or mortgagee; and
p.000277: (b) obtaining any quotes required by the Corporation for the proposed modi- fications.
p.000277: (3) The Corporation is—
p.000277: (a) not required to be a contracting party at any stage of the modifications:
p.000277: (b) not liable to the claimant or any other person for any liability arising from the carrying out
p.000277: of the modifications, other than for payment for those modifications the Corporation has approved:
p.000277: (c) not liable—
p.000277: (i) to ensure that the claimant pays any person that undertakes the modifications; or
p.000277: (ii) to pay that person directly, if the claimant does not pay:
p.000277: (d) not liable for the cost of insuring the modifications or the home in which the modifications have been
p.000277: installed:
p.000277: (e) not required to replace any such modifications if the claimant continues to reside in the home:
p.000277: (f) not liable for the cost of removing any modifications no longer required:
p.000277: (g) not liable for the cost of returning a home to its former state if the claim- ant no longer occupies it:
...
p.000302: Schedule 1
p.000302:
p.000302: Maximum compensation
p.000302: 46 Maximum weekly compensation for loss of earnings
p.000302: (1) The maximum amount of weekly compensation for loss of earnings that the Corporation is liable to
p.000302: pay to a claimant is $1,341.31 a week, whatever amount is calculated under this schedule.
p.000302: (2) The maximum amount specified in subclause (1) must be adjusted in the man- ner provided in section 115.
p.000302: Compare: 1998 No 114 Schedule 1 cl 21
p.000302:
p.000302: Corporation to pay weekly compensation to potential earners
p.000302: 47 Corporation to pay weekly compensation for loss of potential earnings capacity
p.000302: (1) The Corporation is liable to pay weekly compensation for loss of potential earning capacity to a
p.000302: claimant who—
p.000302: (a) has an incapacity resulting from a personal injury; and
p.000302: (b) was a potential earner immediately before his or her incapacity com- menced; and
p.000302: (c) is 18 years or over; and
p.000302: (d) is not engaged in full-time study or training; and
p.000302: (e) does not have earnings in excess of the amount of minimum weekly earnings determined under clause
p.000302: 42(3).
p.000302: (1A) For the purposes of subclause (1)(d), full-time study or training—
p.000302: (a) includes any full-time course or training leading to an educational or vocational qualification
p.000302: approved by the New Zealand Qualifications Authority that would be likely to enhance the employment
p.000302: prospects, either generally or in respect of any particular profession or occupation, of a person who has attained that
p.000302: qualification; but
p.000302: (b) does not include full-time study or training in living or social skills.
p.000302: (2) The weekly compensation payable is 80% of the claimant’s weekly earnings calculated under this
p.000302: clause.
p.000302: (3) The weekly compensation is payable when the claimant has been incapacitated for at least 6 months.
p.000302: (4) For the purpose of calculating the claimant’s weekly compensation, the claim- ant’s weekly earnings are deemed
p.000302: to be the amount of weekly earnings deter- mined under clause 42(3).
p.000302: (5) This clause does not apply if the claimant has an entitlement under any other provision of this schedule to
p.000302: weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.
p.000302:
p.000302:
p.000303: 303
p.000303:
p.000303:
p.000303:
p.000303:
p.000303: Schedule 1 Accident Compensation Act 2001
p.000303: Reprinted as at 1 April 2019
p.000303:
p.000303: (6) A claimant does not have any entitlement to weekly compensation for loss of earnings, if he or she has an
p.000303: entitlement under this clause to weekly compensa- tion for loss of potential earning capacity that is greater than any
p.000303: entitlement he or she has to weekly compensation for loss of earnings under any other provi- sion of this schedule.
p.000303: (7) This clause is subject to clauses 49 to 53.
p.000303: Compare: 1998 No 114 Schedule 1 cl 22
...
p.000360: Income Tax Act 2004 (2004 No 35): section YA 2
p.000360: Holidays Act 2003 (2003 No 129): section 91(2)
p.000360: Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003 (2003 No 80)
p.000360: Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
p.000360: State Sector Amendment Act 2003 (2003 No 41): section 14(1)
p.000360:
p.000360:
p.000361: 361
p.000361:
p.000361:
p.000361:
p.000361:
p.000361: Notes Accident Compensation Act 2001
p.000361: Reprinted as at 1 April 2019
p.000361:
p.000361: Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29)
p.000361: Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5): sections 165–169
p.000361: Sentencing Act 2002 (2002 No 9): sections 186, 187
p.000361: Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7): section 6
p.000361: New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84): section 77
p.000361: Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49): sections 336A–336C, 397
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361:
p.000361: Wellington, New Zealand:
p.000361: Published under the authority of the New Zealand Government—2019
p.000361:
...
Orphaned Trigger Words
p.000159: 223 Persons eligible to purchase weekly compensation 160
p.000159: 224 Compensation for persons who purchase weekly compensation 162
p.000159: 225 Levies for persons who purchase weekly compensation 162
p.000159:
p.000159: 226 Resumption of employment by persons who purchased weekly compensation
p.000162: 162
p.000162: Non-Earners’ Account
p.000162: 227 Application and source of funds 163
p.000162: Treatment Injury Account
p.000162: 228 Application and source of funds 164
p.000162: 229 Levy categories and rates 165
p.000162: 230 Collection of levies
p.000165: 165
p.000165: General levy provisions
p.000165: 231 Mixed earnings as employee and self-employed person 166
p.000165:
p.000165: 232 Work Account levy payable by employers on disposal or cessation of business or when ceasing to employ
p.000165: 233 Levies payable to Corporation by self-employed person who ceases to derive earnings as such
p.000166: 166
p.000167: 167
p.000167: 234 Levies may be collected by instalments 168
p.000167: 235 Collection of levies from self-employed and employers [Repealed] 168
p.000167: 236 Challenges to levies
p.000168: 168
p.000168: 237 Corporation may revise decisions 169
p.000168: 238 Effect of review or appeal about levy 169
p.000168:
p.000168: 239 Corporation to define risk classification and decide levy if activity not classified by regulations
p.000169: 169
p.000169: 240 Determinations
p.000170: 170
p.000170: 241 Statements
p.000170: 170
p.000170: 242 Failure to provide statement 170
p.000010: 10
p.000010:
p.000010: Reprinted as at
p.000010: 1 April 2019 Accident Compensation Act 2001
p.000010: 243 Power to assess levies 170
p.000010: 244 Amounts of levy exempt from payment 171
p.000010: 245 Agent to whom levies may be paid 171
p.000010: 246 Information available to Corporation 172
p.000010: 247 Change of balance date 174
p.000010: General administration
p.000010: 248 Recovery of debts by Corporation 174
p.000010: 249 Penalties due to Corporation in respect of overpayments 175
p.000010:
p.000010: 250 Penalties and interest due to Corporation in respect of unpaid levies
p.000175: 175
p.000175: Recovery of payments
p.000175: 251 Recovery of payments 176
p.000175: Relationship with social security benefits
p.000175:
p.000175: 252 Relationship with social security benefits: reimbursement by Corporation
p.000175: 253 Relationship with social security benefits: reimbursement to Corporation
p.000176: 176
p.000177: 177
p.000177: Limitation period and other matters
...
p.000178: 257 Application of sections 248, 249, and 254 to third parties 179
p.000178: 258 Production of documents 179
p.000178: Part 7
p.000178: Accident Compensation Corporation
p.000178: The Corporation
p.000178: 259 Accident Compensation Corporation 180
p.000178: 260 Powers of Corporation [Repealed] 180
p.000178: 261 Relationship between Corporation and subsidiaries 180
p.000178: 262 Functions of Corporation 180
p.000178: 263 Prevention of personal injury 181
p.000178:
p.000178: 264 Money expended or received for injury prevention to be managed through Accounts
p.000182: 182
p.000182: 264A Workplace injury prevention action plan 182
p.000182:
p.000182: 264B Injury prevention measures undertaken by WorkSafe and funded by Corporation or jointly undertaken
p.000183: 183
p.000183: 265 Ancillary powers of Corporation 184
p.000183: 266 Provisions relating to Crown entity subsidiaries 185
p.000183: 267 Board of Corporation 185
p.000183:
p.000183:
p.000183:
p.000183:
p.000011: 11
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: Accident Compensation Act 2001
p.000011: Reprinted as at 1 April 2019
p.000011:
p.000011:
p.000011: 268 Protection of names “Accident Compensation Corporation” and “Accident Rehabilitation and Compensation
p.000011: Insurance Corporation”
p.000011: Provisions relating to accountability of Corporation
p.000186: 186
p.000186: 269 Further provisions applying to Corporation 186
p.000186: 270 Corporation to comply with Government policy [Repealed] 186
p.000186: 271 Service agreements between Corporation and Minister 186
p.000186: 272 Statement of intent
p.000188: 188
p.000188: 273 Provision of financial information 189
p.000188: 274 Management of Accounts 190
p.000188: 275 Investments
p.000191: 191
p.000191: 276 Power to borrow, etc 191
p.000191: 277 Loans and grants to Corporation [Repealed] 192
p.000191: Reporting requirements
p.000191: 278 Annual financial statements 192
p.000191: 278A Annual financial condition report 192
p.000191: Information collection
p.000191: 279 Purposes for which Corporation to collect information 193
p.000191: Disclosure of information
p.000191: 280 Disclosure of information to Corporation 193
p.000191:
p.000191: 281 Disclosure of information by Corporation for benefit and benefit debt recovery purposes
p.000194: 194
p.000194: 282 Disclosure of information by Corporation for health purposes 195
p.000194:
p.000194: 283 Disclosure of information by Corporation for injury prevention purposes
p.000196: 196
p.000196: 284 Reporting of risk of harm to public 197
p.000196: 285 Personal injuries in nature of medical misadventure [Repealed] 197
p.000196: Information about work-related injuries
p.000196:
p.000196: 286 Corporation to provide information to Ministry of Business, Innovation, and Employment and to health and
p.000196: safety regulators
p.000196: Part 8
p.000196: Management of injury-related information
p.000197: 197
p.000197: 287 Purpose of this Part
p.000199: 199
p.000199: 288 Injury-related statistics are classified under Statistics Act 1975 200
p.000199: 289 Information manager 200
p.000199:
p.000199: 290 Information manager can require government agencies to provide injury-related information
p.000201: 201
p.000201: 291 Ministerial advisory panel [Repealed] 201
p.000201:
p.000201:
p.000201:
p.000201:
p.000201:
p.000012: 12
p.000012:
p.000012:
p.000012: Reprinted as at
p.000012: 1 April 2019 Accident Compensation Act 2001
p.000012:
p.000012:
p.000012: Purchase agreements
p.000012: 292 Minister to require information manager to enter into purchase agreement
p.000012:
p.000201: 201
p.000201: 293 Funding of information manager 201
p.000201: Part 9 Miscellaneous provisions
p.000201: Situations where previous insurer involved
p.000201: 294 Scope and purpose of sections 295 to 297 202
p.000201: 295 Obligation to provide entitlements where subsequent injury occurs 202
...
p.000214: 319 Exemplary damages 214
p.000214: 320 Corporation to be heard 215
p.000214: 321 Powers of Corporation when person has right to bring proceedings 215
p.000214: Regulation-making powers
p.000214: 322 Regulations relating to definitions 216
p.000214: 322A Definition of health practitioner may be limited 217
p.000214:
p.000214: 323 Regulations relating to claims for noise-induced hearing loss caused by work-related gradual process
p.000218: 218
p.000218: 324 Regulations relating to rehabilitation 218
p.000218:
p.000218: 324A Annual review of amounts prescribed by regulations made under section 324
p.000220: 220
p.000220: 325 Regulations relating to ancillary services for rehabilitation 220
p.000220: 326 Regulations relating to lump sum compensation 222
p.000220:
p.000220: 326A Regulations relating to interest on late payments of weekly compensation
p.000223: 223
p.000223: 327 Regulations relating to indexation 223
p.000223: 328 Regulations relating to reviews and appeals 224
p.000223: 328A Regulations relating to alternative dispute resolution 224
p.000223: 329 Regulations relating to levies 225
p.000223:
p.000223: 330 Consultation requirements for regulations relating to classifications, risk rating, or treatment injury
p.000223: 331 Consultation and other requirements for regulations relating to levy setting
p.000227: 227
p.000227: 227
p.000227: 332 Regulations relating to information 229
p.000227: 333 General power to make regulations 230
p.000227: 334 Regulations may confer discretion 230
p.000227: 335 Regulations may prescribe offences and fines 230
p.000227: 336 Amendment of Schedule 2 by Order in Council 231
p.000014: 14
p.000014:
p.000014: Reprinted as at
p.000014: 1 April 2019 Accident Compensation Act 2001
p.000014:
p.000014:
p.000014: Repeal of and amendments to provisions relating to residual levies
p.000014: 336A Repeal of and amendments to provisions relating to residual levies for Work Account
p.000014: 336B Repeal of and amendments to provisions relating to residual levies for Motor Vehicle Account
p.000014: 336C Repeal of and amendments to provisions relating to residual levies for Earners’ Account
p.000014: Consequential amendments, repeals, and revocations
p.000014:
p.000014:
p.000231: 231
p.000231:
p.000232: 232
p.000232:
p.000232: 232
p.000232: 337 Consequential amendments 233
p.000232: 338 Consequential tax amendments 233
p.000232: 339 Consequential repeals and revocations 233
p.000232: Part 10
p.000232: Provisions relating to transition from competitive provision of workplace accident insurance
...
p.000036: (1) When this Act says a claimant has cover, it means that the claimant has cover for a personal injury—
p.000036: (a) under any of sections 20, 21, or 22, for a personal injury suffered on or after 1 April 2002; or
p.000036: (b) under Part 10 or Part 11, for a personal injury suffered before that date.
p.000036: (2) When this Act says that an injury is covered by this Act, it means that the injury is a
p.000036: personal injury for which a claimant has cover.
p.000036: Compare: 1998 No 114 s 16
p.000036:
p.000036: 9 Earnings as an employee: what it means
p.000036: (1) Earnings as an employee, in relation to any person and any tax year, means all PAYE income payments of the
p.000036: person for the tax year.
p.000036: (2) This section is subject to sections 10 to 13.
p.000036: Compare: 1998 No 114 s 17
p.000036: Section 9(1): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the
p.000036: context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000036: Section 9(1): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context
p.000036: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000036:
p.000036: 10 Earnings as an employee: payments to spouse or partner
p.000036: (1) Earnings as an employee, in relation to any person and any tax year, does not include any amount paid to the
p.000036: person (person A) for services he or she per- forms for his or her spouse or partner (person B), as person B’s employee
p.000036: or otherwise.
p.000036: (2) However, subsection (1) does not apply if person B, in order to calculate his or her income for the purposes
p.000036: of the Income Tax Act 2007, has made a written application for, and obtained, the Commissioner’s consent to a deduction
p.000036: being made for any amounts paid by person B to person A for the services person A performs.
p.000036:
p.000036:
p.000037: 37
p.000037:
p.000037:
p.000037:
p.000037:
p.000037: Part 1 s 11 Accident Compensation Act 2001
p.000037: Reprinted as at 1 April 2019
p.000037:
p.000037: (3) If subsection (2) applies, account must be taken of the following in determining person A’s weekly earnings
p.000037: for as long as the Commissioner’s consent relates to the services and to the amounts paid:
p.000037: (a) the services performed by person A after the date on which the Commis- sioner receives person B’s application;
p.000037: and
p.000037: (b) any amounts paid after the date on which the Commissioner receives person B’s application.
p.000037: (4) The Corporation may accept that there has been sufficient compliance with subsection (2), and levies
p.000037: are payable accordingly, if—
p.000037: (a) person A provides services to person B; and
p.000037: (b) person B submits or has submitted a return of income to the Commis- sioner; and
p.000037: (c) person B shows the amounts paid to person A for such services in the return as an expense incurred in the
p.000037: production of income for the pur- poses of the Income Tax Act 2007; and
p.000037: (d) person A includes the amounts paid to him or her by person B for such services in a return of income submitted
p.000037: to the Commissioner; and
p.000037: (e) person A pays or has paid tax (if appropriate) on such amounts.
p.000037: Compare: 1998 No 114 s 18
p.000037: Section 10 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilita- tion, and
p.000037: Compensation Amendment Act 2005 (2005 No 12).
p.000037: Section 10(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000037: Amendment Act 2005 (2005 No 12).
p.000037: Section 10(1): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context
p.000037: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000037: Section 10(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the
p.000037: context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
...
p.000041: 41
p.000041:
p.000041:
p.000041:
p.000041:
p.000041: Part 1 s 15 Accident Compensation Act 2001
p.000041: Reprinted as at 1 April 2019
p.000041:
p.000041: able representation of the person’s earnings as a shareholder-employee in the tax year.
p.000041: (2) The subsection (2) amount is—
p.000041: (a) all PAYE income payments of the person for the tax year derived from a company of which the person is a
p.000041: shareholder-employee; and
p.000041: (b) all income of the person that is deemed to be income derived otherwise than from PAYE income payments under
p.000041: section RD 3B or RD 3C of the Income Tax Act 2007.
p.000041: (3) The subsection (3) amount is an amount determined by the Corporation in the following way:
p.000041: (a) first, determine each of the following amounts:
p.000041: (i) an amount that represents reasonable remuneration for the ser- vices that the person provides to the
p.000041: company as an employee of the company in the tax year; and
p.000041: (ii) an amount that represents reasonable remuneration for the ser- vices that the person provides as a
p.000041: director of the company in the tax year; and
p.000041: (b) second, add the amounts described in paragraph (a)(i) and (ii), and the result is the subsection (3) amount.
p.000041: (4) The earnings as an employee of the person as an employee of the company are the amount described in subsection
p.000041: (3)(a)(i).
p.000041: (5) The director’s fees of the person as a director of the company are the amount described in subsection
p.000041: (3)(a)(ii).
p.000041: (6) The dividend of the person as a shareholder of the company is determined by the Corporation in the following
p.000041: way:
p.000041: (a) first, determine the total amount the company pays or provides to the person in any capacity in the
p.000041: tax year; and
p.000041: (b) second, deduct the subsection (3) amount from that total amount, and the result is the dividend of the person
p.000041: as a shareholder of the company and is not earnings of the person.
p.000041: (7) For the purposes of this section, earnings as a shareholder-employee do not include a benefit arising under
p.000041: section CE 2(2) or (4) of the Income Tax Act 2007 in relation to which an employer has made an election
p.000041: under section RD 7B to withhold an amount of tax.
p.000041: Compare: 1998 No 114 s 21
p.000041: Section 15(1): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context
p.000041: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000041: Section 15(1)(b): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except
p.000041: when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000041:
p.000041:
p.000041:
p.000042: 42
p.000042:
p.000042:
p.000042: Reprinted as at
p.000042: 1 April 2019 Accident Compensation Act 2001
p.000042: Part 1 s 16
p.000042:
p.000042: Section 15(2)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years,
p.000042: except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000042: Section 15(2)(a): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except
p.000042: when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000042: Section 15(2)(b): amended (with effect on 30 March 2017), on 29 March 2018, by section 409 of the Taxation (Annual
...
p.000111: (b) containing an explanation of the effect of sections 146 and 147.
p.000111: Compare: 1998 No 114 s 137
p.000111:
p.000111: 137 Corporation to engage and allocate reviewers
p.000111: (1) The Corporation must engage as many persons as it considers necessary to be reviewers under this Part.
p.000111: (2) As soon as practicable after receiving an application for review, the Corpor- ation must arrange
p.000111: for the allocation of a reviewer to the review even if it con- siders that there is no right of review in the
p.000111: circumstances.
p.000111: (3) If for any reason the Corporation has to allocate a new reviewer to a review, the Corporation must do this
p.000111: as soon as practicable after becoming aware of the need to allocate a new reviewer.
p.000111: Compare: 1998 No 114 s 138
p.000111:
p.000111: 138 Reviewer’s duty to act independently and disclose previous involvement
p.000111: (1) A reviewer must act independently when conducting a review.
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000112: 112
p.000112:
p.000112:
p.000112: Reprinted as at
p.000112: 1 April 2019 Accident Compensation Act 2001
p.000112: Part 5 s 141
p.000112:
p.000112: (2) A reviewer to whom the Corporation proposes to allocate a review must dis- close to the Corporation any
p.000112: previous involvement that the reviewer has had in the claim other than as a reviewer.
p.000112: Compare: 1998 No 114 ss 140(1), 141(2)
p.000112:
p.000112: 139 Corporation’s duties to secure independence of reviewer
p.000112: (1) The Corporation must not engage as a reviewer a person who is currently—
p.000112: (a) employed by the Corporation; or
p.000112: (b) engaged by the Corporation to make decisions on claims in a capacity other than that of reviewer; or
p.000112: (c) employed or engaged by a subsidiary of the Corporation.
p.000112: (2) [Repealed]
p.000112: (3) The Corporation must not include in a contract with a reviewer any term or condition that could
p.000112: have the effect, directly or indirectly, of influencing the reviewer, when conducting a review, in favour of
p.000112: the Corporation.
p.000112: (4) The Corporation must not allocate a claim to a reviewer who discloses to the Corporation any previous
p.000112: involvement in the claim other than as a reviewer.
p.000112: Compare: 1998 No 114 s 142
p.000112: Section 139(1): replaced, on 17 December 2016, by section 4(1) of the Statutes Amendment Act 2016 (2016
p.000112: No 104).
p.000112: Section 139(2): repealed, on 17 December 2016, by section 4(2) of the Statutes Amendment Act 2016 (2016
p.000112: No 104).
p.000112: Section 139(3): amended, on 17 December 2016, by section 4(3) of the Statutes Amendment Act 2016 (2016 No
p.000112: 104).
p.000112:
p.000112: 140 Conduct of review: general principles
p.000112: The reviewer may conduct the review in any manner he or she thinks fit, but he or she must—
p.000112: (a) comply with section 138; and
p.000112: (b) comply with any other relevant provision of this Act and any regulations made under this Act; and
p.000112: (c) comply with the principles of natural justice; and
p.000112: (d) exercise due diligence in decision-making; and
p.000112: (e) adopt an investigative approach with a view to conducting the review in an informal, timely, and practical
p.000112: manner.
p.000112: Compare: 1998 No 114 s 143
p.000112:
p.000112: 141 Conduct of review: hearing to be held
p.000112: (1) In the course of conducting a review, the reviewer must hold a hearing unless—
p.000112: (a) the applicant withdraws the review application; or
p.000112:
p.000112:
p.000113: 113
p.000113:
p.000113:
p.000113:
p.000113:
p.000113: Part 5 s 142 Accident Compensation Act 2001
p.000113: Reprinted as at 1 April 2019
p.000113:
p.000113: (b) the applicant, the Corporation, and all persons who would be entitled to be present and heard at the hearing
p.000113: agree not to have a hearing.
p.000113: (2) The reviewer must hold the hearing at a time and place that are—
p.000113: (a) agreed to by all persons who are parties to the application and the reviewer; or
p.000113: (b) decided on by the reviewer if those persons do not agree.
p.000113: (3) The reviewer must take all practicable steps to ensure that notice of the time and place of the hearing is
p.000113: given—
p.000113: (a) to every person entitled to be present and heard at it; and
p.000113: (b) at least 7 days before the date of the hearing.
p.000113: (4) The reviewer may admit any relevant evidence at the hearing from any person who is entitled to be present
p.000113: and be heard at it, whether or not the evidence would be admissible in a court.
p.000113: Compare: 1998 No 114 s 144
p.000113:
p.000113: 142 Persons entitled to be present and heard at hearing
p.000113: The following persons are entitled to be present at the hearing, with a represen- tative if they wish, and to be heard
...
p.000119: (a) the notes of the reviewer; or
p.000119: (b) the reviewer’s record of hearing; or
p.000119: (c) a written statement read by a witness; or
p.000119: (d) any other material that the court thinks expedient.
p.000119: (4) Evidence taken by affidavit about a question of fact may be brought before the court by the production of any
p.000119: of the affidavits that have been forwarded to the Registrar.
p.000119: (5) Exhibits relating to a question of fact may be brought before the court by—
p.000119: (a) the production of any of the exhibits that have been forwarded to the Registrar; or
p.000119: (b) the production by the parties to the appeal of any exhibits in their cus- tody.
p.000119: Compare: 1998 No 114 s 159
p.000119:
p.000119: 157 Appointment of assessor
p.000119: (1) A Judge hearing an appeal may appoint a person to be an assessor for the pur- poses of the appeal if the Judge
p.000119: considers that—
p.000119:
p.000119:
p.000119:
p.000120: 120
p.000120:
p.000120:
p.000120: Reprinted as at
p.000120: 1 April 2019 Accident Compensation Act 2001
p.000120: Part 5 s 159
p.000120:
p.000120: (a) the appeal involves consideration of matters of a professional, technical, or specialised nature; and
p.000120: (b) it would be desirable to appoint as an assessor a person with expert knowledge of those matters.
p.000120: (2) The Judge must consult the parties on the person to be appointed, and must—
p.000120: (a) appoint the person whom the Judge and the parties agree to be suitable; or
p.000120: (b) appoint a person the Judge thinks suitable if the Judge and the parties are unable to agree on a suitable
p.000120: person.
p.000120: (3) The Ministry of Justice must pay assessors the remuneration and allowances determined for assessors
p.000120: from time to time by the Minister of the Crown who is responsible for the Ministry of Justice.
p.000120: (4) An appointment of an assessor may not be called in question, in any proceed- ings, on the grounds that the
p.000120: occasion for the appointment had not arisen or had ceased.
p.000120: Compare: 1998 No 114 s 160
p.000120: Section 157(3): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amend- ment Act 2003 (2003 No
p.000120: 41).
p.000120:
p.000120: 158 Involvement of assessor
p.000120: (1) The duties of an assessor are to—
p.000120: (a) sit with the court; and
p.000120: (b) act in all respects as an extra member of the court for the hearing of the appeal; and
p.000120: (c) act as an extra member of the court to assist in the determination of the appeal, but the Judge alone
p.000120: determines the appeal.
p.000120: (2) Before starting his or her duties, an assessor must take an oath before a District Court Judge that the
p.000120: assessor will faithfully and impartially perform the duties.
p.000120: (3) The failure of an assessor to perform his or her duties does not prevent the Judge from making a
p.000120: decision on the appeal without the input of the assessor.
p.000120: (4) A Judge who is satisfied that it is appropriate to do so may revoke the appoint- ment of an assessor and may—
p.000120: (a) conduct the hearing, or the rest of it, without an assessor; or
p.000120: (b) appoint a substitute assessor in accordance with section 157.
p.000120: Compare: 1998 No 114 s 161
p.000120:
p.000120: 159 Court may make order as to persons who may be present
p.000120: (1) The court may order that the only persons who may be present during the hear- ing of an appeal are—
p.000120: (a) the Judge; and
p.000120:
p.000120:
p.000121: 121
p.000121:
p.000121:
p.000121:
p.000121:
p.000121: Part 5 s 160 Accident Compensation Act 2001
...
p.000130: under subsection (1).
p.000130:
p.000130:
p.000130:
p.000131: 131
p.000131:
p.000131:
p.000131:
p.000131:
p.000131: Part 6 s 170 Accident Compensation Act 2001
p.000131: Reprinted as at 1 April 2019
p.000131:
p.000131: (4A) The regulations referred to in subsection (4) that relate to an industry or risk class defined under subsection
p.000131: (1)(a)—
p.000131: (a) may, until the end of the 2009–10 tax year, prescribe the levies at differ- ent rates for employers and
p.000131: self-employed persons classified in the same industry or risk class; and
p.000131: (b) must, until the end of the 2009–10 tax year, prescribe the levies at a rate that does not increase or decrease
p.000131: the levy rate payable by employers or self-employed persons in a particular industry or particular risk class by more
p.000131: than 25% of the rate payable in the previous tax year; and
p.000131: (c) must, after the end of the 2009–10 tax year, prescribe the levies at the same rate for employers and
p.000131: self-employed persons classified in the same industry or risk class.
p.000131: (5) The Corporation must decide which industry or risk class is appropriate in rela- tion to any employer or
p.000131: self-employed person by whom a levy is payable, and section 239 applies if the classes defined by the regulations do
p.000131: not specifically cover a particular activity.
p.000131: (6) The Corporation must separately account for the amounts—
p.000131: (a) collected from each industry or risk class under sections 168, 168B, and 211; and
p.000131: (b) expended for the purposes of section 167(3) in respect of each industry or risk class.
p.000131: (7) If costs relating to a particular claim are attributable to more than 1 industry or risk class, the
p.000131: Corporation must apportion those costs in a way that reasonably represents the relative costs to each of those industry
p.000131: or risk classes.
p.000131: (8) Nothing in this section prevents the Corporation from making arrangements to enable employers or
p.000131: self-employed persons to carry out self-assessments for the purposes of this section.
p.000131: Compare: 1998 No 114 s 281D; SR 2000/54 r 6
p.000131: Section 170(1): replaced, on 26 September 2015, by section 336A(3).
p.000131: Section 170(3): amended, on 22 October 2003, by section 4 of the Injury Prevention, Rehabilitation, and Compensation
p.000131: Amendment Act (No 2) 2003 (2003 No 80).
p.000131: Section 170(4): substituted, on 1 April 2007, by section 8(2) of the Injury Prevention, Rehabilitation, and
p.000131: Compensation Amendment Act 2007 (2007 No 8).
p.000131: Section 170(4A): inserted, on 1 April 2007, by section 8(2) of the Injury Prevention, Rehabilitation, and Compensation
p.000131: Amendment Act 2007 (2007 No 8).
p.000131: Section 170(4A): amended, on 3 March 2010, by section 18(2) of the Accident Compensation Amendment Act
p.000131: 2010 (2010 No 1).
p.000131: Section 170(5): amended, on 1 April 2007, by section 8(3) of the Injury Prevention, Rehabilitation, and Compensation
p.000131: Amendment Act 2007 (2007 No 8).
p.000131: Section 170(6): substituted, on 1 April 2007, by section 8(4) of the Injury Prevention, Rehabilitation, and
p.000131: Compensation Amendment Act 2007 (2007 No 8).
p.000131: Section 170(8): amended, on 1 April 2007, by section 8(5) of the Injury Prevention, Rehabilitation, and Compensation
p.000131: Amendment Act 2007 (2007 No 8).
p.000131:
p.000132: 132
p.000132:
p.000132:
p.000132: Reprinted as at
p.000132: 1 April 2019 Accident Compensation Act 2001
...
p.000134: Compare: SR 1999/196 r 6G
p.000134: Section 174(1): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context
p.000134: requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000134: Section 174(2)(a): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except
p.000134: when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
p.000134:
p.000134: 174A Corporation may develop and establish workplace incentive programmes
p.000134: (1) The Corporation may develop and establish 1 or more workplace incentive pro- grammes to provide incentives
p.000134: for employers and self-employed persons to reduce the incidence, severity, and impact of work-related personal
p.000134: injuries.
p.000134: (2) A Work Account levy determined for the purposes of section 168, 168B, or 211 may be adjusted up or down
p.000134: for a particular employer or a particular self- employed person in accordance with the terms and conditions of a
p.000134: workplace incentive programme.
p.000134: (3) Regulations made under section 333 may prescribe fees and charges payable by employers and self-employed
p.000134: persons who participate in a workplace incentive programme, including—
p.000134: (a) administration fees to meet the costs, or part of the costs, incurred in administering the
p.000134: programme; and
p.000134: (b) fees or charges for audits and assessments provided for under section 174D(3).
p.000134: Section 174A: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000134:
p.000134: 174B Process to develop workplace incentive programme
p.000134: (1) In developing a workplace incentive programme, the Corporation must—
p.000134: (a) have regard to the following matters:
p.000134: (i) the extent to which the programme is likely to lead to reductions in the incidence, severity, and impact
p.000134: of work-related personal
p.000134:
p.000134:
p.000134:
p.000135: 135
p.000135:
p.000135:
p.000135:
p.000135:
p.000135: Part 6 s 174C Accident Compensation Act 2001
p.000135: Reprinted as at 1 April 2019
p.000135:
p.000135: injuries and to improvements in rehabilitation and durable return to work; and
p.000135: (ii) the extent to which the programme may affect the Work Account levies payable by levy payers who are not
p.000135: participating in the pro- gramme; and
p.000135: (iii) the expected administration costs of the programme; and
p.000135: (iv) the impact of the programme on the administration of the accident compensation scheme as a whole and on claims
p.000135: management pro- cesses; and
p.000135: (b) endeavour to ensure that programmes are available for a variety of types of employers and self-employed
p.000135: persons, including small and large busi- nesses; and
p.000135: (c) endeavour to ensure that the rates of adjustment to Work Account levies that will be available under the
p.000135: programme are proportionate to the expected increases or decreases in costs to the Corporation as a result of
p.000135: employers and self-employed persons participating in the programme.
p.000135: (2) In developing a workplace incentive programme, the Corporation must consult the persons or organisations it
p.000135: considers appropriate, having regard to—
p.000135: (a) the potential participants in the programme; and
p.000135: (b) the potential impact of the programme on the Work Account levies of non-participating levy payers.
p.000135: (3) Subsection (2) does not apply if the Minister determines under section 174C that the workplace incentive
p.000135: programme must be approved by the Minister.
p.000135: Section 174B: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000135:
p.000135: 174C Minister’s approval of certain workplace incentive programmes
p.000135: (1) The Minister may determine, in relation to any proposed workplace incentive programme, that the programme must
p.000135: be approved by the Minister before it is established under section 174D.
p.000135: (2) In deciding whether to make a determination under subsection (1), the Minister may consider any relevant
p.000135: factors, including—
p.000135: (a) the public interest; and
p.000135: (b) how the proposed workplace incentive programme aligns with the Gov- ernment’s broader objectives; and
p.000135: (c) the impact of the proposed workplace incentive programme on levy payers generally or on particular
p.000135: groups of levy payers; and
p.000135: (d) the impact of the proposed workplace incentive programme on levy payers who, despite being
p.000135: eligible to participate in the proposed pro- gramme, may choose not to participate.
p.000135:
p.000135:
p.000136: 136
p.000136:
p.000136:
p.000136: Reprinted as at
p.000136: 1 April 2019 Accident Compensation Act 2001
p.000136: Part 6 s 174D
p.000136:
...
p.000147: [Repealed]
p.000147: Section 199: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000147:
p.000147: 200 Residual Claims levy not payable on earnings over specified maximum
p.000147: [Repealed]
p.000147: Section 200: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000147:
p.000147: Self-Employed Work Account [Repealed]
p.000147: Heading: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000147: Amendment Act 2007 (2007 No 8).
p.000147:
p.000147: 201 Application and source of funds
p.000147: [Repealed]
p.000147: Section 201: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000147: Amendment Act 2007 (2007 No 8).
p.000147:
p.000147: 202 Self-employed persons to pay levies
p.000147: [Repealed]
p.000147: Section 202: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000147: Amendment Act 2007 (2007 No 8).
p.000147:
p.000147:
p.000147:
p.000148: 148
p.000148:
p.000148:
p.000148: Reprinted as at
p.000148: 1 April 2019 Accident Compensation Act 2001
p.000148: Part 6 s 207
p.000148:
p.000148: 203 Rate of levies
p.000148: [Repealed]
p.000148: Section 203: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148: 204 Limit on offsets in case of earnings as self-employed person
p.000148: [Repealed]
p.000148: Section 204: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148: 205 Classification of industries or risk
p.000148: [Repealed]
p.000148: Section 205: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148: 206 Classification of self-employed persons engaged in 2 or more activities
p.000148: [Repealed]
p.000148: Section 206: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148: 206A Risk adjustment of Self-Employed Work Account levy
p.000148: [Repealed]
p.000148: Section 206A: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148: 206B Incorporation by reference
p.000148: [Repealed]
p.000148: Section 206B: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148: 206C Copy of material incorporated by reference to be available to public
p.000148: [Repealed]
p.000148: Section 206C: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148: 207 Self-employed Work Account levy not payable on earnings over specified maximum
p.000148: [Repealed]
p.000148: Section 207: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000148: Amendment Act 2007 (2007 No 8).
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000148:
p.000149: 149
p.000149:
p.000149:
p.000149:
p.000149:
p.000149: Part 6 s 208 Accident Compensation Act 2001
p.000149: Reprinted as at 1 April 2019
p.000149:
p.000149: Purchase of weekly compensation by self-employed persons
p.000149: 208 Purchase of weekly compensation by self-employed persons
p.000149: (1) A self-employed person may apply to purchase from the Corporation, in accordance with section 209,
p.000149: the right to receive weekly compensation provi- ded in an agreed manner for loss of earnings as a self-employed person
p.000149: for any personal injury for which the person has cover under this Act.
...
p.000154: Compensation Amendment Act 2003 (2003 No 29).
p.000154: Section 214(4)(b): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
p.000154: Section 214(4A): inserted, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and Refer- ences) Amendment
p.000154: Act 2008 (2008 No 60).
p.000154: Section 214(4B): inserted, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and Refer- ences) Amendment
p.000154: Act 2008 (2008 No 60).
p.000154: Section 214(5): added, on 1 July 2003, by section 6 of the Injury Prevention, Rehabilitation, and
p.000154: Compensation Amendment Act 2003 (2003 No 29).
p.000154:
p.000154: 215 Basis on which funds to be calculated
p.000154: [Repealed]
p.000154: Section 215: repealed, on 26 September 2015, by section 336B(2)(b).
p.000154:
p.000154:
p.000154:
p.000154:
p.000154:
p.000155: 155
p.000155:
p.000155:
p.000155:
p.000155:
p.000155: Part 6 s 216 Accident Compensation Act 2001
p.000155: Reprinted as at 1 April 2019
p.000155:
p.000155: 216 Levy categories
p.000155: (1) Regulations made under this Act may establish a system for differential levies in relation to all or any of
p.000155: the following or categories of the following:
p.000155: (a) motor vehicles:
p.000155: (b) persons registered under Part 17 of the Land Transport Act 1998 in respect of motor vehicles:
p.000155: (c) persons who hold trade plates under section 262(3) of the Land Trans- port Act 1998.
p.000155: (d) fuel in respect of which a levy is payable under section 213(2)(c).
p.000155: (2) The regulations may also classify all or any of the following, or categories of the following, into classes
p.000155: that most accurately describe their risk rating and may impose levies at different rates in relation to those
p.000155: classes in accordance with the system of differential levies referred to in subsection (1):
p.000155: (a) motor vehicles:
p.000155: (b) registered owners of motor vehicles:
p.000155: (c) persons who hold trade plates under section 262(3) of the Land Trans- port Act 1998.
p.000155: (3) Subsection (2) does not limit subsection (1).
p.000155: Compare: 1998 No 114 s 294
p.000155: Section 216(1)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
p.000155: Section 216(1)(c): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
p.000155: Section 216(1)(d): added, on 1 July 2003, by section 7 of the Injury Prevention, Rehabilitation, and Compensation
p.000155: Amendment Act 2003 (2003 No 29).
p.000155: Section 216(2): added, on 3 March 2010, by section 26 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000155: Section 216(2)(c): amended, on 5 December 2013, by section 5 of the Accident Compensation Amendment Act
p.000155: (No 2) 2013 (2013 No 105).
p.000155: Section 216(3): added, on 3 March 2010, by section 26 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000155:
p.000155: 217 Collection of levies
p.000155: (1) The levies payable under section 214(1) or (2) are payable on application for a motor vehicle licence under
p.000155: section 244 of the Land Transport Act 1998 or on application for a trade plate under section 262 of that Act
p.000155: (as the case may require) or in any other prescribed manner.
p.000155: (2) The levy payable under section 213(2)(c) on any fuel is payable—
p.000155: (a) in the manner prescribed by regulations made under this Act; or
p.000155:
p.000155:
p.000155:
p.000155:
p.000155:
p.000156: 156
p.000156:
p.000156:
...
p.000158: Section 218(5)(b): amended, on 26 September 2015, by section 336C(2)(a).
p.000158:
p.000158: 219 Earners to pay levies
p.000158: (1) An earner must pay, in accordance with this Act and regulations made under it, levies to fund the Earners’
p.000158: Account.
p.000158: (2) [Repealed]
p.000158: (3) A levy must relate to a prescribed period.
p.000158: Compare: 1998 No 114 s 283
p.000158: Section 219(2): repealed, on 3 March 2010, by section 29 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000158:
p.000158: 220 Rate of levies
p.000158: (1) Levies must be paid under section 219 at a rate or rates prescribed by regula- tions made under this Act and
p.000158: must be related in whole or in part to the level of earnings derived or deemed by regulation to be derived by the
p.000158: earner or cat- egory of earner.
p.000158: (2) [Repealed]
p.000158: Compare: 1998 No 114 s 284
p.000158: Section 220(2): repealed, on 3 March 2010, by section 30 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000158:
p.000158: 220A Basis on which funds to be calculated
p.000158: [Repealed]
p.000158: Section 220A: repealed, on 26 September 2015, by section 336C(2)(b).
p.000158:
p.000158: 221 Collection of levies by deduction from employee earnings
p.000158: (1) For the purpose of enabling the collection of the levies payable under section 219 by instalments,—
p.000158: (a) when an employer or a PAYE intermediary for an employer makes a payment to an employee that is
p.000158: included in the earnings of the person as an employee of the employer, the employer or person must, at the time of
p.000158: making that payment, make a deduction in accordance with this sec- tion from that amount on account of the levy
p.000158: payable:
p.000158: (b) when a private domestic worker receives earnings that are earned in that person’s capacity as a private
p.000158: domestic worker, the private domestic worker must, at the time of receiving that payment, make a deduction in
p.000158: accordance with this section from that amount on account of the levy payable.
p.000158:
p.000158:
p.000158:
p.000159: 159
p.000159:
p.000159:
p.000159:
p.000159:
p.000159: Part 6 s 222 Accident Compensation Act 2001
p.000159: Reprinted as at 1 April 2019
p.000159:
p.000159: (2) Schedule 4 applies to any deduction under subsection (1), and applies to pri- vate domestic workers with any
p.000159: necessary modifications.
p.000159: (3) In this section, PAYE intermediary means a PAYE intermediary as defined in section YA 1 of the Income Tax Act
p.000159: 2007.
p.000159: Section 221(1): amended, on 3 March 2010, by section 32 of the Accident Compensation Amend- ment Act 2010 (2010 No 1).
p.000159: Section 221(1)(a): amended, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1
p.000159: April 2004), by section 167(1)(a) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous
p.000159: Provisions) Act 2003 (2003 No 5).
p.000159: Section 221(1)(a): amended, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1
p.000159: April 2004), by section 167(1)(b) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous
p.000159: Provisions) Act 2003 (2003 No 5).
p.000159: Section 221(3): added, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1
p.000159: April 2004), by section 167(2) of the Taxation (Maori Organisations, Taxpayer Com- pliance and Miscellaneous
p.000159: Provisions) Act 2003 (2003 No 5).
p.000159: Section 221(3): amended, on 1 April 2008 (effective for 2008–09 income year and later income years,
...
p.000167: Compare: 1998 No 114 s 310
p.000167: Section 236(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years,
p.000167: except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
p.000167: Section 236(2): amended, on 1 July 2003, by section 9 of the Injury Prevention, Rehabilitation, and Compensation
p.000167: Amendment Act 2003 (2003 No 29).
p.000167:
p.000167:
p.000168: 168
p.000168:
p.000168:
p.000168: Reprinted as at
p.000168: 1 April 2019 Accident Compensation Act 2001
p.000168: Part 6 s 239
p.000168:
p.000168: 237 Corporation may revise decisions
p.000168: (1) If the Corporation considers it made a decision in error about levies payable by a person, it may, subject
p.000168: to section 243(3), revise the decision at any time, whatever the reason for the error.
p.000168: (2) A revision may—
p.000168: (a) amend the original decision; or
p.000168: (b) revoke the original decision and substitute a new decision.
p.000168: (3) An amendment to a decision, and a substituted decision, is a fresh decision.
p.000168: Compare: 1998 No 114 s 311
p.000168:
p.000168: 238 Effect of review or appeal about levy
p.000168: No obligation to pay any levy, and no right to receive or recover any levy, is suspended because—
p.000168: (a) an applicant has made a review application relating to the levy in accord- ance with section 236; or
p.000168: (b) an appellant has filed a notice of appeal relating to the levy in accord- ance with section 236(4); or
p.000168: (c) any person has challenged the amount of levy, or the obligation to pay it, in any other proceedings.
p.000168: Compare: 1998 No 114 s 312
p.000168:
p.000168: 239 Corporation to define risk classification and decide levy if activity not classified by regulations
p.000168: (1) This section applies if none of the classifications of industry or risk defined by the regulations made for
p.000168: the purposes of section 170 (Work Account) specific- ally applies to the activity of a particular employer or
p.000168: self-employed person.
p.000168: (2) When this section applies,—
p.000168: (a) the Corporation may define a classification of industry or risk that it con- siders is appropriate in relation
p.000168: to that employer or self-employed person and decide the levy for that classification of industry or risk; and
p.000168: (b) that classification of industry or risk applies to all employers or self- employed persons
p.000168: involved in that activity who are not covered by a classification defined by the regulations; and
p.000168: (c) that classification of industry or risk has effect as if it were defined by the regulations; and
p.000168: (d) the Corporation must recommend to the Minister whether or not the classification of industry or risk
p.000168: should be incorporated in the relevant regulations when those regulations are next amended.
p.000168: Section 239(1): amended, on 3 March 2010, by section 39 of the Accident Compensation Amend- ment Act 2010 (2010 No 1).
p.000168:
p.000168:
p.000169: 169
p.000169:
p.000169:
p.000169:
p.000169:
p.000169: Part 6 s 240 Accident Compensation Act 2001
p.000169: Reprinted as at 1 April 2019
p.000169:
p.000169: 240 Determinations
p.000169: For the purposes of this Part, the Corporation may determine—
p.000169: (a) whether any income derived by a person is earnings as an employee or earnings as a self-employed person; and
p.000169: (b) whether a person is an employer, an employee, or a self-employed per- son, or any category of employer,
p.000169: employee, or self-employed person; and
p.000169: (c) such other related matters as it considers necessary or relevant for the purpose of assessing the
p.000169: amount of any levy payable.
p.000169: Compare: SR 1996/196 r 23
p.000169:
p.000169: 241 Statements
p.000169: (1) An employer and an earner must provide such statements of earnings or esti- mates of earnings as the
p.000169: Corporation may require.
p.000169: (2) Statements required under subsection (1) must be in such form and contain such particulars as the
p.000169: Corporation may determine.
p.000169: (3) The Corporation may require any person who provides a statement under sub- section (1) to provide further
p.000169: information, and the person must comply with the requirement.
p.000169: Compare: SR 1999/196 r 24
p.000169:
p.000169: 242 Failure to provide statement
p.000169: (1) A person who is required to deliver any statement, document, or other informa- tion under section 241 and who
...
p.000179: (5) The Corporation is exempt from income tax.
p.000179: Compare: 1998 No 114 s 328
p.000179: Section 259(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000179: (2004 No 115).
p.000179: Section 259(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000179: (2004 No 115).
p.000179: Section 259(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004
p.000179: (2004 No 115).
p.000179:
p.000179: 260 Powers of Corporation
p.000179: [Repealed]
p.000179: Section 260: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000179: No 115).
p.000179:
p.000179: 261 Relationship between Corporation and subsidiaries
p.000179: Except as otherwise specified in this Act or as required by virtue of any delega- tion to a Crown entity subsidiary of
p.000179: the Corporation, a reference in this Act to the Corporation is not to be read as including a reference to any Crown
p.000179: entity subsidiary of the Corporation.
p.000179: Compare: 1998 No 114 s 330
p.000179: Section 261: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000179: No 115).
p.000179:
p.000179: 262 Functions of Corporation
p.000179: (1) The functions of the Corporation are to—
p.000179: (a) carry out the duties referred to in section 165; and
p.000179: (b) promote measures to reduce the incidence and severity of personal injury in accordance with section 263; and
p.000179:
p.000179:
p.000179:
p.000180: 180
p.000180:
p.000180:
p.000180: Reprinted as at
p.000180: 1 April 2019 Accident Compensation Act 2001
p.000180: Part 7 s 263
p.000180:
p.000180: (c) manage assets, liabilities, and risks in relation to the Accounts, including risk management by means of
p.000180: reinsurance or other means; and
p.000180: (d) carry out such other functions as are conferred on it by this Act, or are ancillary to and consistent with
p.000180: those functions.
p.000180: (2) To avoid doubt, it is not a function of the Corporation or any Crown entity sub- sidiary of the Corporation to
p.000180: provide insurance, but it may provide insurance- related services in accordance with section 263 or section 265.
p.000180: (3) In carrying out its functions, the Corporation must deliver services to claimants and levy payers, as required
p.000180: by this Act,—
p.000180: (a) in order to minimise the overall incidence and costs to the community of personal injury, while ensuring fair
p.000180: rehabilitation and compensation for loss from personal injury; and
p.000180: (b) in a manner that is cost-effective and promotes administrative efficiency.
p.000180: (4) To assist the Corporation in the effective and fair delivery of services, the Cor- poration may provide
p.000180: resources to assist those organisations providing advo- cacy services for ACC claimants.
p.000180: Compare: 1998 No 114 s 331
p.000180: Section 262(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004
p.000180: No 115).
p.000180:
p.000180: 263 Prevention of personal injury
p.000180: (1) A primary function of the Corporation is to promote measures to reduce the incidence and severity
p.000180: of personal injury, including measures that—
p.000180: (a) create supportive environments that reduce the incidence and severity of personal injury; and
p.000180: (b) strengthen community action to prevent personal injury; and
p.000180: (c) encourage the development of personal skills that prevent personal injury.
...
p.000225: 2010 (2010 No 1).
p.000225:
p.000225:
p.000226: 226
p.000226:
p.000226:
p.000226: Reprinted as at
p.000226: 1 April 2019 Accident Compensation Act 2001
p.000226: Part 9 s 331
p.000226:
p.000226: Section 329(1)(j): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilita- tion, and
p.000226: Compensation Amendment Act 2007 (2007 No 8).
p.000226: Section 329(1)(k): substituted, on 28 June 2003, by section 12 of the Injury Prevention, Rehabilita- tion, and
p.000226: Compensation Amendment Act 2003 (2003 No 29).
p.000226: Section 329(1)(l): substituted, on 3 March 2010, by section 45(5) of the Accident Compensation Amendment
p.000226: Act 2010 (2010 No 1).
p.000226: Section 329(1)(m): substituted, on 3 March 2010, by section 45(6) of the Accident Compensation Amendment
p.000226: Act 2010 (2010 No 1).
p.000226: Section 329(1)(m)(i): repealed, on 26 September 2015, by section 336A(2)(d). Section 329(1)(m)(ii): repealed, on 26
p.000226: September 2015, by section 336B(2)(c). Section 329(1)(m)(iii): repealed, on 26 September 2015, by section 336C(2)(c).
p.000226: Section 329(1)(ma): inserted, on 3 March 2010, by section 45(6) of the Accident Compensation Amendment Act
p.000226: 2010 (2010 No 1).
p.000226: Section 329(1)(n): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilita- tion, and
p.000226: Compensation Amendment Act 2007 (2007 No 8).
p.000226: Section 329(1)(o): added, on 1 April 2006, by section 56(2) of the Injury Prevention, Rehabilitation, and Compensation
p.000226: Amendment Act (No 2) 2005 (2005 No 45).
p.000226: Section 329(2): added, on 3 March 2010, by section 45(7) of the Accident Compensation Amend- ment Act 2010 (2010 No 1).
p.000226:
p.000226: 330 Consultation requirements for regulations relating to classifications, risk rating, or treatment injury
p.000226: The Minister may not make any recommendation in respect of regulations made under section 329(f) or (g) or
p.000226: (l)(i) or (ma), or in relation to the Treat- ment Injury Account, without first consulting such persons or
p.000226: organisations as the Minister considers appropriate having regard to the subject matter of the proposed
p.000226: regulations.
p.000226: Compare: 1998 No 114 s 408
p.000226: Section 330 heading: amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabili- tation, and
p.000226: Compensation Amendment Act 2007 (2007 No 8).
p.000226: Section 330: amended, on 3 March 2010, by section 46 of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.000226: Section 330: amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation
p.000226: Amendment Act 2007 (2007 No 8).
p.000226:
p.000226: 331 Consultation and other requirements for regulations relating to levy setting
p.000226: (1) The Minister may not recommend the making of regulations under this Act prescribing the rates of
p.000226: levies unless the Minister has first received and consid- ered a recommendation from the Corporation made in accordance
p.000226: with the pro- visions of this section.
p.000226: (2) The Corporation must consult levy payers before recommending to the Minis- ter that such regulations be made,
p.000226: and that obligation to consult is satisfied if—
p.000226: (a) the Corporation publicly notifies its intention to recommend to the Min- ister that such regulations be made
p.000226: by publishing in the Gazette, and in a
p.000226:
p.000226:
p.000227: 227
p.000227:
p.000227:
p.000227:
p.000227:
p.000227: Part 9 s 331 Accident Compensation Act 2001
p.000227: Reprinted as at 1 April 2019
p.000227:
...
p.000230: the relevant level or extent of exposure to such agents, dusts, compounds, substances, radiation, or things; or
p.000230: (ii) occupations, industries, or processes; or
p.000230: (b) updating the schedule in order that the schedule may conform with the terminology or recommended practices of
p.000230: any international organisation.
p.000230: (2) The Minister must not make any recommendation under subsection (1) without first consulting the persons or
p.000230: organisations the Minister considers appropriate, having regard to the subject matter of the proposed order.
p.000230: Section 336(1)(a): substituted, on 1 August 2008, by section 30 of the Injury Prevention, Rehabilita- tion, and
p.000230: Compensation Amendment Act 2008 (2008 No 46).
p.000230:
p.000230: Repeal of and amendments to provisions relating to residual levies
p.000230: Heading: inserted, on 24 September 2015, by section 10 of the Accident Compensation (Financial Responsibility and
p.000230: Transparency) Amendment Act 2015 (2015 No 85).
p.000230:
p.000230: 336A Repeal of and amendments to provisions relating to residual levies for Work Account
p.000230: (1) In this section, effective date means the earlier of—
p.000230: (a) 1 April 2019; and
p.000230: (b) a date appointed by the Minister by notice.
p.000230: (2) On the effective date,—
p.000230: (a) in section 167(4)(b), delete “and the purpose specified in section 169AA(1)(a)”:
p.000230: (b) repeal section 169AA:
p.000230: (c) repeal section 169(4):
p.000230: (d) repeal section 329(1)(m)(i).
p.000230: (3) On the effective date, replace section 170(1) with:
p.000230: (1) For the purpose of setting levies payable under sections 168, 168B, and 211, the Corporation must classify
p.000230: an employer and a self-employed person in an industry or risk class that most accurately describes their
p.000230: activity, being an industry or risk class set out in regulations made under this Act.
p.000230:
p.000230:
p.000230:
p.000230:
p.000230:
p.000231: 231
p.000231:
p.000231:
p.000231:
p.000231:
p.000231: Part 9 s 336B Accident Compensation Act 2001
p.000231: Reprinted as at 1 April 2019
p.000231:
p.000231: (4) A notice under subsection (1) is a legislative instrument and a disallowable instrument for the
p.000231: purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that
p.000231: Act.
p.000231: Section 336A: inserted, on 24 September 2015, by section 10 of the Accident Compensation (Finan- cial Responsibility
p.000231: and Transparency) Amendment Act 2015 (2015 No 85).
p.000231: Section 336A(1)(b): 26 September 2015 appointed as the effective date, on 26 September 2015, by clause 3 of the
p.000231: Accident Compensation (Effective Date for Repeal of Residual Levies Provisions) Notice 2015 (LI 2015/221).
p.000231:
p.000231: 336B Repeal of and amendments to provisions relating to residual levies for Motor Vehicle Account
p.000231: (1) In this section, effective date means the earlier of—
p.000231: (a) 1 July 2019; and
p.000231: (b) a date appointed by the Minister by notice.
p.000231: (2) On the effective date,—
p.000231: (a) in section 213(7)(b), delete “and the purpose specified in section 215(1)(a)”:
p.000231: (b) repeal section 215:
p.000231: (c) repeal section 329(1)(m)(ii).
p.000231: (3) A notice under subsection (1) is a legislative instrument and a disallowable instrument for the
p.000231: purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that
p.000231: Act.
...
p.000233: Act have, in this Part, the same meanings as in the 1998 Act.
p.000233: Compare: 1998 No 114 s 356
p.000233:
p.000233: Savings in respect of accident insurance contracts and injuries to which contracts apply
p.000233: 342 Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act
p.000233: (1) The 1998 Act continues to apply, despite its repeal and with any necessary modifications, for the
p.000233: purposes of this Part in respect of—
p.000233: (a) any personal injury to which an accident insurance contract applies; and
p.000233: (b) any accident insurance contract; and
p.000233: (c) any obligations of an insurer in relation to work-related gradual process, disease, or infection, or to
p.000233: subsequent injuries.
p.000233: (2) In particular, without limitation,—
p.000233: (a) the 1998 Act continues to apply in respect of any personal injury suf- fered on or after 1 July
p.000233: 1999 and before 1 July 2000; and
p.000233: (b) Parts 2 to 6, Part 12, and Schedules 1 to 4 of the 1998 Act continue to apply, with necessary modifications,
p.000233: to determine what personal injury is covered, how to make claims, what the entitlements are, and how to
p.000233: resolve disputes about claims; and
p.000233:
p.000233:
p.000233:
p.000233:
p.000233:
p.000234: 234
p.000234:
p.000234:
p.000234: Reprinted as at
p.000234: 1 April 2019 Accident Compensation Act 2001
p.000234: Part 10 s 345
p.000234:
p.000234: (c) all relevant and necessary terms of the accident insurance contract con- tinue to have effect (whether those
p.000234: terms are express or are implied by the 1998 Act); and
p.000234: (d) all relevant and necessary terms of any risk sharing agreement continue to have effect.
p.000234: Savings in respect of other ongoing matters under 1998 Act
p.000234: 343 Saving in respect of other ongoing matters under 1998 Act
p.000234: (1) Sections 194 and 195 and Parts 8 (except section 236), 9, and 12 (except sec- tions 360 to 363, 382, and 399
p.000234: to 417) of the 1998 Act continue to apply for the purposes of this Part—
p.000234: (a) despite their repeal by this Act; and
p.000234: (b) as amended by this Part; and
p.000234: (c) with any other necessary modifications.
p.000234: (2) Despite subsection (1), section 236 continues to apply for the purposes of this Part until the levy for the
p.000234: 2000/01 year has been paid.
p.000234: 344 Funding of Regulator
p.000234: (1) The purpose of this section is to provide for the recovery of the cost to the Crown of the
p.000234: performance of the Regulator’s residual functions under the 1998 Act (as saved by this Part).
p.000234: (2) The Regulator may, in respect of periods on and after 1 April 2002, impose administrative
p.000234: sanctions on insurers in respect of any failure to comply with the insurer’s obligations under the 1998 Act by—
p.000234: (a) requiring an insurer to remedy the default within a period specified by the Regulator; and
p.000234: (b) requiring an insurer to meet any costs reasonably incurred by the Regu- lator in carrying out that
p.000234: function or in remedying any default that an insurer fails to remedy.
p.000234: (3) The costs in subsection (2)(b) are recoverable as a debt due to the Regulator in any court of competent
p.000234: jurisdiction together with any interest on that amount that may be specified by the Regulator.
p.000234: 345 Regulator’s functions in respect of Non-Compliers Fund
...
p.000236: Part 11 s 351
p.000236:
p.000236: (c) prescribing a percentage for the purpose of section 247(5) of the 1998 Act:
p.000236: (d) prescribing rates of interest under the 1998 Act:
p.000236: (e) providing for the levy referred to in section 236 of the 1998 Act in respect of the 2000/2001
p.000236: financial year:
p.000236: (f) prescribing transitional and savings provisions for the purpose of ensur- ing that the rights and obligations
p.000236: of insurers, employers, and insureds arising under the 1998 Act and the 2000 Act continue.
p.000236: (2) The Minister must not make a recommendation under subsection (1)(b) without first consulting insurers.
p.000236: (3) Regulations made under subsection (1)(f) may (without limitation) provide that, subject to any
p.000236: conditions specified in the regulations,—
p.000236: (a) specified provisions of the 1998 Act do not apply:
p.000236: (b) specified provisions of the 1998 Act continue to apply, with any speci- fied amendments, during a specified
p.000236: transitional period:
p.000236: (c) specified provisions of any regulations, Orders in Council, or notices made or given under the 1998
p.000236: Act continue to apply, with any specified amendments, during a specified transitional period.
p.000236: (4) No regulations may be made under subsection (1)(f) after 31 March 2005.
p.000236:
p.000236: Part 11
p.000236: Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
p.000236: Interpretation
p.000236:
p.000236: 350 Interpretation
p.000236: In this Part, unless the context otherwise requires,—
p.000236: claims, in relation to claims lodged with the Corporation, includes claims lodged with another insurer if the
p.000236: Corporation is the managing insurer
p.000236: Corporation means the Corporation acting in its capacity as the Corporation under any of the former Acts, whatever its
p.000236: name at the time it was acting.
p.000236: Compare: 1998 No 114 s 418
p.000236:
p.000236: 351 References to former Acts
p.000236: A former Act, or a section in a former Act, applied by or under any of sections 352 to 400, applies as if the Act or
p.000236: section had not been repealed.
p.000236: Compare: 1998 No 114 s 418
p.000236:
p.000236:
p.000236:
p.000236:
p.000236:
p.000237: 237
p.000237:
p.000237:
p.000237:
p.000237:
p.000237: Part 11 s 352 Accident Compensation Act 2001
p.000237: Reprinted as at 1 April 2019
p.000237:
p.000237: Purpose of this Part
p.000237: 352 Purpose of this Part
p.000237: The purpose of this Part is to set out—
p.000237: (a) how the Corporation is to determine under this Act whether or not a per- son has cover for a personal injury
p.000237: suffered before 1 April 2002, which may involve applying a former Act:
p.000237: (b) the entitlements that the Corporation is required to provide under Part 4, this Part, and Schedule 1 for
p.000237: personal injury suffered before 1 April 2002 if such cover has been accepted:
p.000237: (c) transitional provisions relating to reviews and appeals arising from deci- sions under the former Acts:
p.000237: (d) financial provisions that—
p.000237: (i) provide for the allocation of funds in Accounts under the Accident Insurance Act 1998 to Accounts under this
p.000237: Act; and
p.000237: (ii) maintain obligations relating to premiums, levies, and other pay- ments due under the former Acts; and
p.000237: (iii) deal with other miscellaneous matters.
p.000237: Compare: 1998 No 114 s 420
p.000237:
p.000237: Application of this Part
p.000237: 353 Part not to apply to certain claims
...
p.000257:
p.000257:
p.000257:
p.000257:
p.000257: Part 11 s 401 Accident Compensation Act 2001
p.000257: Reprinted as at 1 April 2019
p.000257:
p.000257: Savings provision relating to references to premiums
p.000257: 401 References to premiums under former Act include levies under this Act
p.000257: (1) Unless the context otherwise requires, all references in any enactment or docu- ment to premiums or levies
p.000257: paid or payable under any former Act must be read as including a reference to levies paid or payable under this Act.
p.000257: (2) Unless the context otherwise requires, all references in any enactment or docu- ment to levies paid or payable
p.000257: under this Act must be read as including a refer- ence to premiums or levies paid or payable under any former Act.
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000257:
p.000258: 258
p.000258:
p.000258:
p.000258: Reprinted as at
p.000258: 1 April 2019 Accident Compensation Act 2001
p.000258: Schedule 1AA
p.000258:
p.000258: Schedule 1AA
p.000258: Transitional and savings provisions relating to amendments to this Act made by Accident Compensation Amendment Act 2015
p.000258: s 5A
p.000258: Schedule 1AA : inserted, on 1 April 2017, by section 16 of the Accident Compensation Amendment Act 2015 (2015 No 71).
p.000258:
p.000258: 1 Transitional provision relating to risk adjustment of Work Account levies
p.000258: (1) This clause applies to any employer or self-employed person if the Work Account levy payable by
p.000258: that person immediately before the commencement of this schedule has been adjusted down in accordance with regulations
p.000258: made for the purposes of section 175(1).
p.000258: (2) A person to whom this clause applies continues to be eligible to pay a Work Account levy at an adjusted rate
p.000258: until—
p.000258: (a) the person gives notice in writing to the Corporation that the person no longer wishes to pay the levy at the
p.000258: adjusted rate; or
p.000258: (b) the person’s adjusted levy is cancelled or discontinued in accordance with the regulations; or
p.000258: (c) the period to which the adjustment relates expires.
p.000258: (3) For the purposes of subclause (2),—
p.000258: (a) section 175, including the power to make regulations, continues to apply as if it had not been amended
p.000258: by the Accident Compensation Amend- ment Act 2015; and
p.000258: (b) the regulations in force immediately before the commencement of this schedule in accordance with
p.000258: which the person’s rate was adjusted, or the person’s adjusted rate was continued, continue to apply until—
p.000258: (i) they are replaced by regulations made under paragraph (a); or
p.000258: (ii) this clause is repealed.
p.000258: (4) This clause is repealed on 30 June 2019.
p.000258: Schedule 1AA clause 1: inserted, on 1 April 2017, by section 16 of the Accident Compensation Amendment
p.000258: Act 2015 (2015 No 71).
p.000258:
p.000258: 2 Transitional provision relating to Accredited Employers Programme
p.000258: (1) This clause applies to any employer who—
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| age | Age |
| another country | Other Country |
| armedXforces | Soldier |
| authority | Relationship to Authority |
| belief | Religion |
| child | Child |
| children | Child |
| cognitive | Cognitive Impairment |
| conviction | Religion |
| criminal | criminal |
| dependency | Drug Dependence |
| dependent | Dependent |
| disability | Mentally Disabled |
| disabled | Mentally Disabled |
| drug | Drug Usage |
| education | education |
| educational | education |
| emergency | Public Emergency |
| employees | employees |
| faith | Religion |
| family | Motherhood/Family |
| home | Property Ownership |
| illegal | Illegal Activity |
| illness | Physically Disabled |
| impairment | Cognitive Impairment |
| incapable | Mentally Incapacitated |
| incapacitated | Incapacitated |
| incapacity | Incapacitated |
| injured | injured |
| language | Linguistic Proficiency |
| married | Marital Status |
| minor | Youth/Minors |
| native | Indigenous |
| occupation | Occupation |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| parent | parents |
| parents | parents |
| party | political affiliation |
| prison | Incarcerated |
| property | Property Ownership |
| restricted | Incarcerated |
| sick | Physically Ill |
| single | Marital Status |
| socialXwelfare | Access to Social Goods |
| student | Student |
| substance | Drug Usage |
| union | Trade Union Membership |
| unlawful | Illegal Activity |
| victim | Victim of Abuse |
| volunteers | Healthy People |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| access | ['socialXwelfare'] |
| belief | ['faith', 'conviction'] |
| child | ['children'] |
| children | ['child'] |
| cognitive | ['impairment'] |
| conviction | ['faith', 'belief'] |
| disability | ['disabled'] |
| disabled | ['disability'] |
| drug | ['substance'] |
| education | ['educational'] |
| educational | ['education'] |
| faith | ['belief', 'conviction'] |
| home | ['property'] |
| illegal | ['unlawful'] |
| impairment | ['cognitive'] |
| incapacitated | ['incapacity'] |
| incapacity | ['incapacitated'] |
| married | ['single'] |
| parent | ['parents'] |
| parents | ['parent'] |
| prison | ['restricted'] |
| property | ['home'] |
| restricted | ['prison'] |
| single | ['married'] |
| socialXwelfare | ['access'] |
| substance | ['drug'] |
| unlawful | ['illegal'] |
Trigger Words
capacity
consent
developing
ethics
harm
justice
protect
protection
risk
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input