79C3C34C52B45572883A05D425EB0F82

Accident Compensation Act2001

http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/72019/72845/F1542550120/NZL72019%202019.pdf

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Examining the file media/Synopses/AA34B977E15463B441689E90D5A19F12.html:

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

Vulnerability TypeVulnerabilityIndicator# Matches
PoliticalIllegal Activityillegal1
PoliticalIllegal Activityunlawful1
PoliticalIndigenousnative1
Politicalcriminalcriminal19
Politicalpolitical affiliationparty17
HealthCognitive Impairmentcognitive4
HealthCognitive Impairmentimpairment49
HealthDrug Dependencedependency3
HealthDrug Usagedrug1
HealthDrug Usagesubstance2
HealthHealthy Peoplevolunteers1
HealthMentally Disableddisabled2
HealthMentally Disableddisability12
HealthMentally Incapacitatedincapable2
HealthMotherhood/Familyfamily20
HealthPhysically Disabledillness1
HealthPhysically Illsick4
Healthinjuredinjured5
SocialAccess to Social GoodssocialXwelfare1
SocialAccess to Social Goodsaccess7
SocialAgeage43
SocialChildchild117
SocialChildchildren26
SocialIncarceratedprison3
SocialIncarceratedrestricted1
SocialLinguistic Proficiencylanguage2
SocialMarital Statusmarried2
SocialMarital Statussingle7
SocialOccupationoccupation4
SocialPolice Officerofficer12
SocialProperty Ownershiphome49
SocialProperty Ownershipproperty9
SocialReligionfaith2
SocialReligionbelief2
SocialReligionconviction14
SocialSoldierarmedXforces1
SocialStudentstudent6
SocialTrade Union Membershipunion6
SocialVictim of Abusevictim2
SocialYouth/Minorsminor3
Socialeducationeducation52
Socialeducationeducational6
Socialemployeesemployees50
Socialparentsparent5
Socialparentsparents2
Socialphilosophical differences/differences of opinionopinion14
General/OtherDependentdependent10
General/OtherIncapacitatedincapacitated23
General/OtherIncapacitatedincapacity177
General/OtherOther Countryanother country2
General/OtherPublic Emergencyemergency4
General/OtherRelationship to Authorityauthority16

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:

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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:

(return to top)
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