(1) In this Act, unless the context otherwise requires,—
Accounts means the Accounts required to be maintained and operated under section 166
activity, for the purposes of Part 6,—
(a) means a business, industry, profession, trade, undertaking of an employer, a self-employed person, or a private domestic worker; and
(b) includes ancillary or subservient functions relating to the activity, such as administration, management, marketing and distribution, technical support, maintenance, and product development; and
acute treatment has the meaning set out in section 7
Board means the Board of the Corporation
child, in relation to a deceased claimant,—
child care means personal care or supervisory care of a child in New Zealand
chiropractor means a health practitioner who—
(a) is, or is deemed to be, registered with the Chiropractic Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of chiropractic; and
claimant, in relation to a deceased claimant, includes the spouse or partner, any child, and any other dependants of the deceased claimant
clinical dental technician means a health practitioner who—
(a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of clinical dental technology; and
close company has the same meaning as in section YA 1 of the Income Tax Act 2007
Commissioner means the Commissioner of Inland Revenue, and has the same meaning as in section 3(1) of the Tax Administration Act 1994
Corporation means the Accident Compensation Corporation continued by section 259
counsellor means a counsellor of a type described in regulations made under this Act
Crown entity subsidiary has, subject to section 266, the same meaning as in section 8(2) of the Crown Entities Act 2004
Crown funding agreement has the same meaning as in section 10 of the New Zealand Public Health and Disability Act 2000
deceased claimant means a claimant who dies and whose cover under section 20 or section 22 is for death or for physical injuries from which he or she dies
decision or Corporation's decision includes all or any of the following decisions by the Corporation:
dental technician means a health practitioner who—
(a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dental technology; and
dentist means a health practitioner who—
(a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry; and
district health board or other provider means a DHB or provider, as defined in section 6 of the New Zealand Public Health and Disability Act 2000
Earners' Account means the Account described in section 218
Earners' Account Residual levy means the levy payable under section 219(2)
earnings as a self-employed person has the meaning set out in section 14
earnings as a shareholder-employee has the meaning set out in section 15
employee means a natural person who receives, or is entitled to receive,—
employer—
(a) means a person, other than a person acting for an employer as a PAYE intermediary as defined in section YA 1 of the Income Tax Act 2007, who pays, or is liable to pay,—
(i) any amount that, in relation to any other person, is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1 of the Income Tax Act 2007; and
entitlement means the entitlements described or referred to in section 69
financial year means a period of 12 months ending with 30 June
first week compensation means compensation payable under section 97
first week of incapacity means the period—
foreign representative means any person who is not a permanent resident of New Zealand and who is present in New Zealand for the sole purpose of performing the person's duties—
former Act includes the Accident Insurance Act 1998, the Accident Rehabilitation and Compensation Insurance Act 1992, the Accident Compensation Act 1982, and the Accident Compensation Act 1972
full-time employment, in relation to an earner, means employment in the 4 weeks immediately before his or her incapacity commenced, for either—
(b) a lesser number of hours, if the lesser number of hours is defined as full-time employment in the employment agreement under which the earner was employed, because of the particular nature of that employment
full-time study means a course of study recognised as full-time by the place of education that administers it
fully funded, in relation to claims, means that the amount of the outstanding claims liability in respect of the claims is offset by an adequate level of assets to fund the cost of those claims, having regard to—
health practitioner—
(a) means a person who is, or is deemed to be, registered with an authority established or continued by section 114 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession; but
(b) in relation to that health profession and to any purpose stated in a relevant notice under section 322A, does not include a person who, for that purpose, is declared not to be a health practitioner
impairment, unless otherwise defined in regulations made under section 322, means a loss, loss of use, or derangement of any body part, organ system, or organ function
individual rehabilitation plan—
(a) means a plan under section 75 that provides for a claimant to receive rehabilitation that will assist in accordance with section 70 in restoring the claimant's health, independence, and participation to the maximum practicable extent; and
medical laboratory technologist means a health practitioner who—
(a) is, or is deemed to be, registered with the Medical Laboratory Science Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science; and
medical practitioner means a health practitioner who—
(a) is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; and
medical radiation technologist means a health practitioner who—
(a) is, or is deemed to be, registered with the Medical Radiation Technologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical radiation technology; and
mental injury has the meaning set out in section 27
midwife means a health practitioner who—
(a) is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery; and
Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
Motor Vehicle Account means the Account described in section 213
Motor Vehicle Account Residual levy means the levy payable under section 214(3)
motor vehicle injury has the meaning set out in sections 29 and 35
New Zealand superannuation qualification age,—
irrespective of whether or not the particular person qualifies for New Zealand superannuation at that or any other age
non-earner means a natural person who is not an earner
Non-Earners' Account means the Account described in section 227
nurse means a health practitioner who—
(a) is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions; and
nurse practitioner means a health practitioner who—
(a) is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of nurse practitioner functions; and
occupational therapist means a health practitioner who—
(a) is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy; and
optometrist means a health practitioner who—
(a) is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry; and
ordinarily resident in New Zealand has the meaning set out in section 17
osteopath means a health practitioner who—
(a) is, or is deemed to be, registered with the Osteopathic Council established by section 114(4) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of osteopathy; and
other dependant means a person who has all the following characteristics immediately before a deceased claimant's death:
outstanding claims liability, in relation to a particular date, means the present value of expected future payments in respect of claims under this Act or any of the former Acts, which claims are—
(a) claims notified to, and accepted by, the Corporation before that date, in respect of which payments have not been fully made at that date; and
(b) claims that relate to events that have already occurred, but that have not been notified to, or accepted by, the Corporation as at that date; and
(c) claims of a type described in paragraph (a) or paragraph (b) that have been taken on by the Corporation, in accordance with section 7 of the Accident Insurance (Transitional Provisions) Act 2000, under an agreement with an insurer
parental leave has the same meaning as in section 2(1) of the Parental Leave and Employment Protection Act 1987
partner, in the phrase “spouse or partner”
and in related contexts, has the meaning set out in section 18A(1) to (3); and, in relation to a deceased claimant, has the meaning set out in section 18A(4) to (6)
PAYE income payment has the same meaning as in section RD 3(1) of the Income Tax Act 2007
personal injury has the meaning set out in section 26
personal injury caused by a work-related gradual process, disease, or infection has the meaning set out in section 30
personal injury covered by any former Act means—
pharmaceutical means—
(a) a prescription medicine, a restricted medicine, or a pharmacy-only medicine, as listed in Parts 1, 2, and 3 of Schedule 1 of the Medicines Regulations 1984; or
pharmacist means a health practitioner who—
(a) is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy; and
physiotherapist means a health practitioner who—
(a) is, or is deemed to be, registered with the Physiotherapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy; and
place of education—
(a) means—
(ii) an institution, such as a polytechnic, teachers college, university or wananga, as defined by section 159(1) of the Education Act 1989; and
place of employment means any premises or place—
podiatrist means a health practitioner who—
(a) is, or is deemed to be, registered with the Podiatrists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of podiatry; and
potential earner means a claimant who either—
practicable, in relation to rehabilitation, means practicable after considering and balancing the following:
practising certificate means an annual practising certificate issued by the relevant authority under section 26(3) or section 29(4), or deemed to have been issued under section 191(2), of the Health Practitioners Competence Assurance Act 2003
private domestic worker means a person—
public health acute services means services (as defined in regulations made under section 322(2)) that are purchased through the Minister of Health and provided by a publicly funded provider
registered health professional—
(a) means a chiropractor, clinical dental technician, dental technician, dentist, medical laboratory technologist, medical practitioner, medical radiation technologist, midwife, nurse, nurse practitioner, occupational therapist, optometrist, pharmacist, physiotherapist, or podiatrist; and
Registrar, in relation to an appeal to a District Court under Part 5, means a Registrar of a specified registry; and includes a Deputy Registrar of a specified registry
rehabilitation—
(a) means a process of active change and support with the goal of restoring, to the extent provided under section 70, a claimant's health, independence, and participation; and
Residual Claims Account means the Account described in section 192
Residual Claims levy means the levy payable under section 193
road has the same meaning as in section 2(1) of the Land Transport Act 1998
scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003
self-employed person means a natural person who has earnings as a self-employed person
shareholder-employee means a natural person who is a shareholder in, and an employee of, a close company
specified maximum, in relation to earnings, means the relevant prescribed maximum amount of earnings on which a levy is payable by or in respect of any person
specified registry, in relation to an appeal under Part 5, means a registry of a District Court that is for the time being specified in regulations made under this Act for the purposes of sending or filing notices of appeal
speech therapist means a member of the New Zealand Speech Language Therapists Association (Incorporated)
spouse has the meaning set out in section 18(1) to (3); and, in relation to a deceased claimant, has the meaning set out in section 18(4) to (6)
suffers is affected in its interpretation by—
(b) section 37 and clause 55 of Schedule 1, when it is used in relation to personal injury caused by a work-related gradual process, disease, or infection:
trade plate means a trade plate issued under section 22 of the Transport Act 1962 or section 34 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986
treatment injury has the meaning set out in section 32
Treatment Injury Account means the Account described in section 228
treatment provider—
(a) means an acupuncturist, audiologist, chiropractor, counsellor, dentist, medical laboratory technologist, nurse, nurse practitioner, occupational therapist, optometrist, osteopath, physiotherapist, podiatrist, medical practitioner, or speech therapist; and
vocational independence, in relation to a claimant, means the claimant's capacity, as determined under section 107, to engage in work—
(a) for which he or she is suited by reason of experience, education, or training, or any combination of those things; and
weekly compensation means compensation for loss of earnings, or loss of potential earning capacity, and compensation for the spouse or partner, child, or other dependant of a deceased claimant, that is payable by the Corporation—
weekly earnings, in relation to an earner, means the weekly earnings of that earner determined in accordance with Part 2 of Schedule 1
Work Account means the Account described in section 167
(2) An example used in this Act is only illustrative of the provision it relates to. It does not limit the provision.
Compare: 1998 No 114 s 13
Section 6(1) acupuncturist: substituted, on 11 May 2005, by section 3(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
Section 6(1) child paragraph (c)(i): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
Section 6(1) chiropractor: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) claimant: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
Section 6(1) clinical dental technician: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) close company: amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) Crown entity subsidiary: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 6(1) dental technician: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) dentist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) employee paragraph (a): amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) employee paragraph (b): amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) employee paragraph (b): amended, on 1 April 2005 (effective for 2005–06 tax year and later), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 6(1) employer paragraph (a): amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) employer paragraph (a): amended, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1 April 2004), by section 165(1) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).
Section 6(1) employer paragraph (a)(i): amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) employer paragraph (a)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) employer paragraph (a)(ii) amended, on 1 April 2005 (effective for 2005–06 tax year and later), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 6(1) employer paragraph (b): amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) Employers' Account: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
Section 6(1) health practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) income year: repealed, on 1 April 2005 (effective for 2005–06 tax year and later), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 6(1) medical error: repealed, on 1 July 2005, by section 3(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
Section 6(1) medical laboratory technologist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) Medical Misadventure Account: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
Section 6(1) medical mishap: repealed, on 1 July 2005, by section 3(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
Section 6(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) medical radiation technologist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) midwife: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) New Zealand superannuation qualification age: substituted, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Section 6(1) New Zealand superannuation qualification age paragraph (b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 6(1) nurse: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) nurse practitioner: inserted, on 1 August 2008, by section 4(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
Section 6(1) occupational therapist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) optometrist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) osteopath: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) other dependant paragraph (c): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
Section 6(1) partner: inserted, on 26 April 2005, by section 3 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
Section 6(1) PAYE income payment: inserted, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) personal injury caused by medical misadventure: repealed, on 1 July 2005, by section 3(4) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
Section 6(1) pharmacist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) physiotherapist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) podiatrist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) practising certificate: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) private domestic worker paragraph (b): amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) registered health professional: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) registered health professional paragraph (a): amended, on 1 August 2008, by section 4(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
Section 6(1) registered medical practitioner: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) scope of practice: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) Self-Employed Work Account: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
Section 6(1) source deduction payment: repealed, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) suffers paragraph (c): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
Section 6(1) tax year: inserted, on 1 April 2005 (effective for 2005–06 tax year and later), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 6(1) tax year: amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 6(1) treatment injury: inserted, on 1 July 2005, by section 3(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
Section 6(1) Treatment Injury Account: inserted, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
Section 6(1) treatment provider paragraph (a): amended, on 1 August 2008, by section 4(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
Section 6(1) treatment provider paragraph (a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 6(1) weekly compensation: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
Section 6(1) Work Account: inserted, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).