Accident Compensation Act 2001

21 Cover for mental injury caused by certain criminal acts

(1)

A person has cover for a personal injury that is a mental injury if—

(a)

he or she suffers the mental injury inside or outside New Zealand on or after 1 April 2002; and

(b)

the mental injury is caused by an act performed by another person; and

(c)

the act is of a kind described in subsection (2).

(2)

Subsection (1)(c) applies to an act that—

(a)

is performed on, with, or in relation to the person; and

(b)

is performed—

(i)

in New Zealand; or

(ii)

outside New Zealand on, with, or in relation to a person who is ordinarily resident in New Zealand when the act is performed; and

(c)

is within the description of an offence listed in Schedule 3.

(3)

For the purposes of this section, it is irrelevant whether or not the person is ordinarily resident in New Zealand on the date on which he or she suffers the mental injury.

(4)

Section 36 describes how the date referred to in subsection (3) is determined.

(5)

For the purposes of this section, it is irrelevant that—

(a)

no person can be, or has been, charged with or convicted of the offence; or

(b)

the alleged offender is incapable of forming criminal intent.

Compare: 1998 No 114 s 40