Injury Prevention, Rehabilitation, and Compensation Act 2001

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Schedule 6
Consequential amendments

s 337

1
Acts amended

Omit from section 65 the words or other insurer under the Accident Insurance Act 1998, wherever they appear.

Omit from section 186A(4)(a) the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 186A(4)(b) the expression section 394 and substitute the expression section 317.

Carriage by Air Act 1967 (1967 No 151)

Omit from the proviso to section 22 the words Part 3 of the Accident Insurance Act 1998 and substitute the words Part 2 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from the heading to section 302 the words Accident Insurance Act 1998 and substitute the words Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 302(a) the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 302(a)(i) the expression section 76 and substitute the expression section 97.

Civil Defence Act 1983 (1983 No 46)

Repeal paragraph (i) of the definition of organisation in section 2 and substitute:

  • (i) the Accident Compensation Corporation continued by section 259 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal section 59A and substitute:

59A Special considerations if insurer under Part 10 of Injury Prevention, Rehabilitation, and Compensation Act 2001 is subject to statutory management
  • A statutory manager of an insurer to whom Part 10 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies must not—

    • (a) exercise any power conferred by this Part if to do so would prejudice the need to ensure that arrangements are in place to ensure that the obligations of the insurer to provide statutory entitlements under that Act are met without interruption; or

    • (b) enter into a contract of sale under this Part unless another insurer or the Accident Compensation Corporation is liable to provide those statutory entitlements under Part 10.

Criminal Justice Act 1985 (1985 No 120)

[Repealed]

  • The item relating to the Criminal Justice Act 1985 was repealed, as from 30 June 2002, by section 187 Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

Insert, after section 75:

75A Accident compensation levies are additional to excise duty on motor spirits
  • Any amount of levy payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 that is to be collected with excise duty on any motor spirits is in addition to, and is not included in, the amount of excise duty on those motor spirits.

Repeal section 4(4) and substitute:

  • (4) This section is subject to sections 317 and 321 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal section 4(f) and substitute:

  • (f) to co-operate with the Accident Compensation Corporation under the Injury Prevention, Rehabilitation, and Compensation Act 2001 in so far as its responsibilities relate to the promotion of the rehabilitation of persons who suffer personal injury for which they have cover under that Act:.

Omit from section 5(2)(b) the words clause 25 of Schedule 6 of the Accident Insurance Act 1998 and substitute the words clause 25 of Schedule 5 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 26(4) the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 59 the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal paragraph (b) of the definition of employer in section 84F and substitute:

  • (b) the Accident Compensation Corporation in respect of weekly compensation payable to the judgment debtor under the Injury Prevention, Rehabilitation, and Compensation Act 2001:.

Repeal paragraph (b) of the definition of salary or wages in section 84F and substitute:

  • (b) all payments of weekly compensation made under the Injury Prevention, Rehabilitation, and Compensation Act 2001 by the Accident Compensation Corporation:.

Omit from section 79(2) the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal section 137(1)(a)(x) and substitute:

  • (x) clauses 18, 19, and 21 of Schedule 5 of the Injury Prevention, Rehabilitation, and Compensation Act 2001; or.

Repeal section 236(4)(b) and substitute:

  • (b) the Injury Prevention, Rehabilitation, and Compensation Act 2001:.

Fair Trading Act 1986 (1986 No 121)

Omit from section 43(9) the words section 394 of the Accident Insurance Act 1998 and substitute the words section 317 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal paragraph (b) of the definition of employer in section 2 and substitute:

  • (b) the Accident Compensation Corporation in relation to weekly compensation payable to the respondent under the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from paragraph (b) of the definition of salary or wages in section 2 the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal section 4(1)(d) and substitute:

  • (d) every insurer to whom Part 10 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies.

Omit from section 44(1)(a) the words the Accident Insurance Act 1998 substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 38(6) the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal section 52(2) and substitute:

  • (2) If any person has suffered personal injury (within the meaning of the Injury Prevention, Rehabilitation, and Compensation Act 2001) covered by that Act, no damages (other than punitive damages in accordance with section 57(1)(d) of this Act) arising directly or indirectly out of that personal injury—

    • (a) may be sought by or on behalf of that person in any proceedings under section 50 or section 51 of this Act:

    • (b) may be awarded to or for the benefit of that person in any such proceedings.

Health and Disability Services Act 1993 (1993 No 22)

Repeal section 33(3) and (4) and substitute:

  • (3) Despite anything in this Act, the Health Funding Authority,—

    • (a) for the purposes of the Injury Prevention, Rehabilitation, and Compensation Act 2001, may enter into an agreement or contract or arrangement with the Corporation in relation to the purchase of goods, services, or facilities for the purposes of the Corporation; and

    • (b) must carry out any obligation imposed on it under section 301 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

  • (4) In subsection (3), Corporation has the same meaning as in the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 34(3) the words sections 361 and 363 of the Accident Insurance Act 1998 and substitute the words section 301 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal section 59 and substitute:

59 Funding
  • (1) In this section,—

    the applicable Act means the Injury Prevention, Rehabilitation, and Compensation Act 2001

    earner, earnings, earnings as a self-employed person, and Corporation have the same meanings as in section 6 of the applicable Act

    funding levy means the levy required to be paid by subsection (2)

    Residual Claims levy means the levy payable under section 193 of the applicable Act.

    (2) For the purpose of recovering the expected cost to the Crown of the administration of this Act, there is payable—

    • (a) by every employer, on the amount of earnings paid or deemed to have been paid by the employer to the employer's employees, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act; and

    • (b) by every earner who has earnings as a self-employed person, on the amount of earnings as a self-employed person derived or deemed to have been derived by the earner, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act; and

    • (c) by every shareholder-employee to whom section OB 2(2) of the Income Tax Act 1994 applies, on the amount of earnings derived or deemed to have been derived by the shareholder-employee, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act.

    (3) The funding levy must be added to, and is deemed part of, the Residual Claims levy; and—

    • (a) the funding levy is payable, collected, and remitted, and penalties are payable in respect of it, as if it were the Residual Claims levy; and

    • (b) the Corporation and the Commissioner of Inland Revenue have all the powers in respect of the funding levy that they have in respect of the Residual Claims levy; and

    • (c) the Commissioner of Inland Revenue is not required to refer separately to or account separately for, or identify, any funding levy in performing his or her functions in relation to the Residual Claims levy or the funding levy.

    (4) The Corporation must, by the 20th day of the month after the month in which the Corporation receives any funding levy from the Commissioner of Inland Revenue, pay that funding levy to the Secretary.

    (5) The Corporation may charge the Secretary a fee for collecting the funding levy.

    (6) The Secretary must pay into the Crown Bank Account all of the funding levy the Corporation pays to the Secretary.

    (7) The Minister must not recommend the making of regulations for the purposes of subsection (2) without first consulting the Corporation.

    (8) Subsection (7) does not limit the generality of section 21(2) of this Act.

Holidays Act 1981 (1981 No 15)

[Repealed]

  • Schedule 6 was amended, as from 1 April 2004, by section 91(1) Holidays Act 2003 (2003 No 129) by repealing so much as relates to the Holidays Act 1981.

Omit from section 47(b) the words section 283(1) of the Accident Insurance Act 1998 and substitute the words section 219(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 47(c) the words section 192(2) of the Accident Insurance Act 1998 and substitute the words section 219(2) of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Add to section 51 the following subsection:

  • (3) In this section,—

    income does not include any amount that an applicable person might be considered to derive from any impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 or lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998 received by the person on or after the date on which this subsection comes into force for the period of 12 months following the receipt of that payment

    property does not include any such impairment lump sum or a lump sum payment of an independence allowance received by an applicable person for the period of 12 months following the receipt of that payment.

Omit from clause 9(b) of Schedule 2 the words an insurer under the Accident Insurance Act 1998 and substitute the words the Corporation or an insurer under the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Add to clause 11 of Schedule 2 the following subclause:

  • (2) If, on or after the date this subclause comes into force, a person receives an impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, then for the period of 12 months following the receipt of that lump sum payment, the applicable amount in subclause (1)(a) or (b) is considered to be increased by the amount of that payment.

Omit from section 21(1)(k)(ii) the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Insolvency Act 1967 (1967 No 54)

Repeal section 104(1)(e)(iii) and substitute:

  • (iii) all amounts payable to the Accident Compensation Corporation in accordance with section 115(17) of the Accident Rehabilitation and Compensation Insurance Act 1992 or clause 4 of Schedule 5 of the Accident Insurance Act 1998 or clause 4 of Schedule 4 of the Injury Prevention, Rehabilitation, and Compensation Act 2001:.

Omit paragraph (f) of clause 1 of form 50 in Schedule 2 and substitute:

  • (f) compensation or damages received (including payments from the Accident Compensation Corporation):.

Omit from section 86(4) the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 97(7) the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Medical Practitioners Act 1995 (1995 No 95)

[Repealed]

  • The item relating to the Medical Practitioners Act 1995 was omitted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

Repeal section 12(8)(c) and substitute:

  • (c) the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Penal Institutions Act 1954 (1954 No 51)

[Repealed]

Privacy Act 1993 (1993 No 28)

Repeal paragraph (d) of the definition of monetary payment in section 97 and substitute:

  • (d) any monetary entitlement payable under Part 4, Part 10, or Part 11 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal paragraph (aa) of the definition of specified agency in section 97 and substitute:

  • (aa) the Regulator, as defined by Part 10 of the Injury Prevention, Rehabilitation, and Compensation Act 2001:.

Repeal so much of Schedule 3 as relates to the Accident Insurance Act 1998 and substitute:

Injury Prevention, Rehabilitation, and Compensation Act 2001Sections 246, 280, and 281
Accident Insurance Act 1998Sections 370 and 371 (as saved by section 343 of the Injury Prevention, Rehabilitation, and Compensation Act 2001)

Omit from the item relating to the Tax Administration Act 1994 in the second column of Schedule 3 the expression and 85D and substitute the expression , 85D, and 85E.

Public Bodies Contracts Act 1959 (1959 No 98)

[Repealed]

  • The item relating toPublic Bodies Contracts Act 1959 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Omit from clause 5(2) of Part 1 of the Schedule the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from clause 45 of Part 1 of the Schedule the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Insert in paragraph (f)(ix) of the definition of income in section 3(1), after the expression 1998, the words , or any impairment lump sum received under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal section 39D(c) and substitute:

  • (c) weekly compensation within the meaning of section 6 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 that is payable to the child.

Repeal section 61DA(a) and substitute:

  • (a) clause 64 of Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies in respect of the deceased; or.

Insert in section 61EC, after subsection (3), the following subsection:

  • (3A) If, on or after the date this subsection comes into force, a person receives an impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, then, for the period of 12 months following the receipt of that lump sum payment, the applicable amount in subsection (3) is considered to be increased by the amount of that payment.

Insert in section 61EC, after subsection (4), the following subsection:

  • (4A) For the period of 12 months referred to in subsection (3A), subsection (4) does not apply to any lump sum payment referred to in subsection (3A) received by the applicant or the applicant's spouse.

Omit from section 69C(4) the words or an entitlement under the Accident Insurance Act 1998, and substitute the words or an entitlement under the Injury Prevention, Rehabilitation, and Compensation Act 2001,.

Omit from paragraph (a) of the proviso to section 70(1) the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Add to section 71(2) the words ; but does not include any impairment lump sum received under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal section 71A(3) and substitute:

  • (3) In this section, weekly compensation means weekly compensation for loss of earnings or loss of potential earning capacity payable to the person by the Corporation under the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Add to section 74 the following subsection:

  • (2) In this section,—

    income does not include any amount that a person might be considered to derive from any impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, or from any lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, received by the person on or after the date on which this subsection comes into force for the period of 12 months following the receipt of that payment

    property does not include any such impairment lump sum or lump sum payment of an independence allowance received by a person for the period of 12 months following the receipt of that payment.

Add to section 80BD(4)(b) the words or section 444 of the Accident Insurance Act 1998 or section 382 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal section 80D(a) and substitute:

  • (a) the Accident Compensation Corporation pays weekly compensation in respect of a claim made under the Injury Prevention, Rehabilitation, and Compensation Act 2001; and.

Repeal section 86A(1B) and substitute:

  • (1B) A deduction notice may be issued under subsection (1) to the Accident Compensation Corporation requiring the Corporation to deduct the amount due from any weekly compensation in respect of loss of earnings or loss of potential earning capacity that is payable, or becomes payable, to the debtor by the Corporation under the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 126 the words Part 3 of Schedule 1 of the Accident Insurance Act 1998 and substitute the words Part 1 of Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Add to Part 1 of Schedule 27 the following clause:

  • 4 If, on or after the date this subsection comes into force, a person receives an impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, then, for the period of 12 months following the receipt of that lump sum payment, the applicable amount in clause 1 or clause 2 or clause 3 is considered to be increased by the amount of that payment.

  • An item relating to section 69F Social Security Act 1964 was omitted, as from 1 July 2005, by section 13(2) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

  • An item relating section 3(1A) of the Social Welfare (Transitional Provisions) Act 1990 was repealed, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).

  • An item relating to section 13A of the Social Welfare (Transitional Provisions) Act 1990 was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).

Repeal section 3(2)(a).

Repeal paragraph (b) of the definition of salary or wages in section 79 and substitute:

  • (b) all payments of weekly compensation made by the Accident Compensation Corporation under the Injury Prevention, Rehabilitation, and Compensation Act 2001:.

Repeal section 82(5) and substitute:

  • (5) Nothing in section 123 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies to any charge constituted under this section.

Repeal section 5(1)(c) and substitute:

  • (c) the full amount of the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 in respect of the period for which the licence is issued has been paid.

Omit from section 10(2) the words the appropriate accident compensation levy and substitute the words the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 10(3) the words the accident compensation levy and substitute the words the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 13(3) the words the appropriate accident compensation levy and substitute the words the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Add to section 31(2) the words and the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Omit from section 34(1) the words the appropriate accident compensation levy (if any) and substitute the words the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Repeal section 7(2)(u) and substitute:

  • (u) prudential supervisor under Part 10 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

2
Regulations amended

Revoke paragraph (b) of the definition of salary or wages in note 1 to form 75 in Schedule 1 and substitute:

  • (b) all payments of weekly compensation made under the Injury Prevention, Rehabilitation, and Compensation Act 2001 by the Accident Compensation Corporation:.

Omit from paragraph (b) of the definition of qualifying medical services in regulation 17 the words the Accident Insurance Act 1998 and substitute the words the Injury Prevention, Rehabilitation, and Compensation Act 2001.