Accident Compensation Act 2001

26 Personal injury

  • (1) Personal injury means—

    • (a) the death of a person; or

    • (b) physical injuries suffered by a person, including, for example, a strain or a sprain; or

    • (c) mental injury suffered by a person because of physical injuries suffered by the person; or

    • (d) mental injury suffered by a person in the circumstances described in section 21; or

    • (da) work-related mental injury that is suffered by a person in the circumstances described in section 21B; or

    • (e) damage (other than wear and tear) to dentures or prostheses that replace a part of the human body.

    (1A) Personal injury includes any degree of hearing loss that is 6% or more of binaural hearing loss caused by a personal injury described in section 20(2).

    (1B) Personal injury does not include any degree of hearing loss caused by—

    • (a) a personal injury other than a personal injury described in section 20(2); or

    • (b) the ageing process; or

    • (c) any other factors.

    (2) Personal injury does not include personal injury caused wholly or substantially by a gradual process, disease, or infection unless it is personal injury of a kind described in section 20(2)(e) to (h).

    (3) Personal injury does not include a cardiovascular or cerebrovascular episode unless it is personal injury of a kind described in section 20(2)(i) or (j).

    (4) Personal injury does not include—

    • (a) personal injury caused wholly or substantially by the ageing process; or

    • (b) personal injury to teeth or dentures caused by the natural use of those teeth or dentures.

    (5) For the purposes of subsection (1)(e) and to avoid doubt, prostheses does not include hearing aids, spectacles, or contact lenses.

    Compare: 1998 No 114 s 29

    Section 26(1)(da): inserted, on 1 October 2008, by section 8 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

    Section 26(1A): inserted, on 1 July 2010, by section 8 of the Accident Compensation Amendment Act 2010 (2010 No 1).

    Section 26(1B): inserted, on 1 July 2010, by section 8 of the Accident Compensation Amendment Act 2010 (2010 No 1).