Accident Compensation Act 2001

11 Earnings as an employee: what it does not include

(1)

Earnings as an employee, in relation to any person and any tax year, does not include—

(a)

any income-tested benefit, veteran’s pension, New Zealand superannuation, or schedular payment; or

(aa)

any parental leave payments paid under Part 7A of the Parental Leave and Employment Protection Act 1987; or

(ab)

any payment paid under the Compensation for Live Organ Donors Act 2016; or

(b)

any student allowance established in accordance with regulations made under section 303 of the Education Act 1989; or

(c)

any amount allocated to a person or persons, other than the person who is the employee in question, under sections CD 11, CW 63, DB 58, GB 23, and GB 24 of the Income Tax Act 2007; or

(cb)

any benefit arising from a share purchase agreement under section CE 2(2) or (4) of the Income Tax Act 2007 when the employer makes an election under section RD 7B of that Act to withhold and pay tax in relation to the benefit; or

(d)

any amount deemed to be a dividend paid by any person, to the person who is the employee in question, under section GB 25 of the Income Tax Act 2007; or

(e)

any redundancy payment; or

(f)

any retiring allowance; or

(g)

any pension from a superannuation scheme, or pension fund, that is not a retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013) nor a superannuation scheme registered under the Superannuation Schemes Act 1989; or

(h)

any pension that is paid in the circumstances set out in any of the following provisions:

(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 the Income Tax Act 2007:

(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 section DC 3 of the Income Tax Act 2007:

(iii)

sections FB 11 and FB 12 of the Income Tax Act 2007.

(2)

In this section, income-tested benefit, veteran’s pension, New Zealand superannuation, and schedular payment have the same meanings as in section YA 1 of the Income Tax Act 2007.

Compare: 1998 No 114 s 19

Section 11(1): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Section 11(1)(a): amended, on 2 September 2013, by section 16(1) of the Social Assistance (Living Alone Payments) Amendment Act 2013 (2013 No 11).

Section 11(1)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 11(1)(aa): inserted, on 1 July 2002, by section 6 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).

Section 11(1)(ab): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016 (2016 No 96).

Section 11(1)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 11(1)(cb): inserted, on 1 April 2017 (applying for the 2017–18 and later income years, or as described in s 228(2)(b) of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016), by section 228 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).

Section 11(1)(d): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 11(1)(g): replaced, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 11(1)(h): added, on 1 July 2005, by section 4 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 11(1)(h)(i): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 11(1)(h)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 11(1)(h)(iii): substituted, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 11(2): amended, on 2 September 2013, by section 16(1) of the Social Assistance (Living Alone Payments) Amendment Act 2013 (2013 No 11).

Section 11(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).