Accident Compensation Act 2001

Reprint as at 18 October 2016

Coat of Arms of New Zealand

Accident Compensation Act 2001

Public Act
 
2001 No 49
Date of assent
 
19 September 2001
Commencement
 
see section 2

Act name: substituted, on 3 March 2010, by section 5(1)(a) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purpose
4Overview
5Act to bind the Crown
6Interpretation
7Acute treatment
8Cover
9Earnings as an employee: what it means
10Earnings as an employee: payments to spouse or partner
11Earnings as an employee: what it does not include
12Earnings as an employee: Work Account levy payable under section 168
13Earnings of private domestic workers
14Earnings as a self-employed person
15Earnings as a shareholder-employee
16New Zealand
17Ordinarily resident in New Zealand
18Spouse (and spouse in relation to deceased claimant)
18APartner (and partner in relation to deceased claimant)
19Key terms in this Part
20Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)
21Cover for mental injury caused by certain criminal acts
21ACover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain criminal acts
21BCover for work-related mental injury
22Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)
23Cover for personal injury suffered by persons not ordinarily resident in New Zealand: exclusions while travelling to, around, and from New Zealand
24Cover for personal injury caused by work-related gradual process, disease, or infection: exclusion for events occurring outside New Zealand before 1 April 1974
25Accident
26Personal injury
27Mental injury
28Work-related personal injury
29Personal injury that is both work-related and motor vehicle injury
30Personal injury caused by work-related gradual process, disease, or infection
31Ministerial advisory panel on work-related gradual process, disease, or infection [Repealed]
32Treatment injury
33Treatment
34Cover for personal injury caused by medical misadventure before 1 July 2005
35Motor vehicle injury
36Date on which person is to be regarded as suffering mental injury
37Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection
38Date on which person is to be regarded as suffering treatment injury
39Meaning of Corporation
40Purpose of Code
41Code applies generally
42Corporation to prepare draft Code in consultation with persons nominated by Minister
43Public consultation on draft Code after agreement by Minister
44Approval of draft Code by Minister
45Corporation’s obligations in respect of Code
46Application of Legislation Act 2012 to Code
47Amendments to Code
48Person to lodge claim for cover and entitlement
49Treatment provider lodging claim on behalf of person
50Responsibilities of Corporation after claim lodged
51When claim is lodged and received
52Manner of making claim
53Time for making claim
54Responsibility of Corporation to make reasonable decisions in timely manner
55Responsibilities of claimant to assist in establishment of cover and entitlements
56Steps Corporation takes to action claims for cover
57Steps Corporation takes to action complicated claims for cover
58Effect of failure to meet time limits
59Decision on cover independent of acceptance of levy
60Decision on claim for Schedule 2 injury
61Decision on claim for noise-induced hearing loss caused by work-related gradual process
62Decision on claim for treatment injury
63Corporation must tell claimant about review rights
64Corporation must give notice of decisions
65Corporation may revise decisions
66Corporation must keep claims files
67Who is entitled to entitlements
68Corporation provides entitlements in accordance with this Act
69Entitlements provided under this Act
70Claimant’s and Corporation’s obligations in relation to rehabilitation
71Employer’s obligations in relation to rehabilitation
72Responsibilities of claimant who receives entitlement
73Payment of treatment providers for acute treatment
74Limits on treatment providers in decisions on acute treatment
75Corporation to determine need for rehabilitation plan
76Provision of rehabilitation before and after individual rehabilitation plan agreed
77Assessment of needs and content of plan
78Individual rehabilitation plan must be updated
79Purpose of social rehabilitation
80Purpose of vocational rehabilitation
81Corporation’s liability to provide key aspects of social rehabilitation
82Corporation may provide other social rehabilitation
83Date of entitlement to social rehabilitation
84Assessment and reassessment of need for social rehabilitation
85Corporation liable to provide vocational rehabilitation
86Matters to be considered in deciding whether to provide vocational rehabilitation
87Further matters to be considered in deciding whether to provide vocational rehabilitation
88Vocational rehabilitation may start or resume if circumstances change
89Assessment of claimant’s vocational rehabilitation needs
90Occupational assessor
91Conduct of initial occupational assessment
92Report on initial occupational assessment
93Medical assessor
94Assessments when medical assessor unavailable
95Conduct of initial medical assessment
96Report on initial medical assessment
97Employee’s right to receive first week compensation
98Employer’s duty to pay first week compensation
99First week compensation is salary or wages for certain purposes
100Entitlement to weekly compensation depends on claimant’s incapacity for employment and vocational independence
101Procedures for determining incapacity for employment and vocational independence
102Procedure in determining incapacity under section 103 or section 105
103Corporation to determine incapacity of claimant who, at time of personal injury, was earner or on unpaid parental leave
104Effect of determination under section 103 on entitlement to weekly compensation
105Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in employment, were potential earners, or had purchased weekly compensation under section 223
106Effect of determination under section 105 on entitlement to weekly compensation
107Corporation to determine vocational independence
108Assessment of claimant’s vocational independence
109When claimant’s vocational independence to be assessed
110Notice to claimant in relation to assessment of vocational independence
111How determination that claimant has vocational independence is to be regarded
112Claimant with vocational independence loses entitlement to weekly compensation
113Claimant who no longer has vocational independence regains entitlement to weekly compensation
114Payment of interest when Corporation makes late payment of weekly compensation
115Indexation of weekly compensation and related amounts
116Indexation of lump sum compensation, funeral grant, survivor’s grant, and child care payments
117Corporation may suspend, cancel, or decline entitlements
118Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection
119Disentitlement for wilfully self-inflicted personal injuries and suicide
120Disentitlement for conviction for murder
121Disentitlement during imprisonment
122Disentitlement for certain imprisoned offenders
122AExemption from section 122(1)
123Entitlements inalienable
124Entitlements to be provided to claimant only
125Corporation to pay amount for child to caregiver or financially responsible person
126Corporation to pay amount to claimant’s estate
127Payment of weekly compensation and lump sum compensation to claimant outside New Zealand
128Payment for rehabilitation to claimant outside New Zealand
129Payment for attendant care to claimant outside New Zealand
130Payment to claimant outside New Zealand may be in New Zealand dollars to New Zealand bank account
131Advances of compensation and grants
132Adjustment of payments for part periods
133Effect of review or appeal on decisions
134Who may apply for review
135How to apply for review
135ATime frame for lodging review application where alternative dispute resolution conducted about same matter
136Corporation to acknowledge receipt of review application
137Corporation to engage and allocate reviewers
138Reviewer’s duty to act independently and disclose previous involvement
139Corporation’s duties to secure independence of reviewer
140Conduct of review: general principles
141Conduct of review: hearing to be held
142Persons entitled to be present and heard at hearing
143Record of hearing
144Review decisions: formalities
145Review decisions: substance
146Deemed review decisions
147Effect of review decisions
148Costs on review
149Who may appeal against review decision
150District Courts rules and this Act apply to appeal
151Manner of bringing appeal
152Corporation to provide names of persons entitled to be heard
153Notice of hearing place and date
154Corporation’s duty to make record available
155Hearing of appeal
156Evidence at appeal
157Appointment of assessor
158Involvement of assessor
159Court may make order as to persons who may be present
160Court may make order prohibiting publication
161Decisions on appeal
162Appeal to High Court on question of law
163Appeal to Court of Appeal on question of law
164Recovery of costs of appeals
165Duty of Corporation
166Separate Accounts
166APrinciples of financial responsibility in relation to Accounts
166BFunding policy statement
166CConsultation, publication, and amendment of funding policy statement
167Application and source of funds
168Employers to pay levies
168APrivate domestic workers to pay levies
168BSelf-employed persons to pay levies
169Rates of levies
169AABasis on which funds to be calculated [Repealed]
169ALimit on offsets in case of earnings as self-employed person
170Classification of industries or risks
171Classification of self-employed persons and employees engaged in 2 or more activities
172Work Account levy not payable on earnings of employee over specified maximum
172AWork Account levy not payable on earnings of self-employed person over specified maximum
173Estimation of levy
174Employer to notify increase or decrease of relevant employee earnings
174ACorporation may develop and establish workplace incentive programmes
174BProcess to develop workplace incentive programme
174CMinister’s approval of certain workplace incentive programmes
174DEstablishment of workplace incentive programmes
174EAmendments to workplace incentive programme
174FCorporation must report on effectiveness of workplace incentive programmes
175Risk adjustment of Work Account levies
176Incorporation by reference
177Copy of audit tool and material incorporated by reference to be available to public
178Criteria for upward adjustment of levies
179Process for Corporation to decide whether to require audit
180Effect of audit or refusal to allow audit
181Interpretation
182Objectives of sections 181 to 189
183Framework to be established
184Accreditation agreements
185Accreditation requirements
186Corporation may be accredited employer
187Accredited employers to provide entitlements
188Monitoring and audit
189Reporting and information
190Purchase of weekly compensation by shareholder-employees
191Effect on Work Account levy
[Repealed]
192Application and source of funds [Repealed]
193Liability to pay Residual Claims levy [Repealed]
194Rate of levy [Repealed]
195Classification of industries or risk [Repealed]
196Classification of employees engaged in 2 or more activities [Repealed]
197Classification of self-employed persons engaged in 2 or more activities [Repealed]
198Residual Claims levy where 2 or more employers [Repealed]
199Promotion of employer involvement [Repealed]
200Residual Claims levy not payable on earnings over specified maximum [Repealed]
[Repealed]
201Application and source of funds [Repealed]
202Self-employed persons to pay levies [Repealed]
203Rate of levies [Repealed]
204Limit on offsets in case of earnings as self-employed person [Repealed]
205Classification of industries or risk [Repealed]
206Classification of self-employed persons engaged in 2 or more activities [Repealed]
206ARisk adjustment of Self-Employed Work Account levy [Repealed]
206BIncorporation by reference [Repealed]
206CCopy of material incorporated by reference to be available to public [Repealed]
207Self-employed Work Account levy not payable on earnings over specified maximum [Repealed]
208Purchase of weekly compensation by self-employed persons
209Procedure for reaching agreement
210Effect of agreement
211Levies for self-employed persons who purchase weekly compensation
212Earner levies for self-employed persons who purchase weekly compensation
213Application and source of funds
214Rate of levies
215Basis on which funds to be calculated [Repealed]
216Levy categories
217Collection of levies
218Application and source of funds
219Earners to pay levies
220Rate of levies
220ABasis on which funds to be calculated [Repealed]
221Collection of levies by deduction from employee earnings
222Payment of Earners’ Account levy by self-employed persons
223Persons eligible to purchase weekly compensation
224Compensation for persons who purchase weekly compensation
225Levies for persons who purchase weekly compensation
226Resumption of employment by persons who purchased weekly compensation
227Application and source of funds
228Application and source of funds
229Levy categories and rates
230Collection of levies
231Mixed earnings as employee and self-employed person
232Work Account levy payable by employers on disposal or cessation of business or when ceasing to employ
233Levies payable to Corporation by self-employed person who ceases to derive earnings as such
234Levies may be collected by instalments
235Collection of levies from self-employed and employers [Repealed]
236Challenges to levies
237Corporation may revise decisions
238Effect of review or appeal about levy
239Corporation to define risk classification and decide levy if activity not classified by regulations
240Determinations
241Statements
242Failure to provide statement
243Power to assess levies
244Amounts of levy exempt from payment
245Agent to whom levies may be paid
246Information available to Corporation
247Change of balance date
248Recovery of debts by Corporation
249Penalties due to Corporation in respect of overpayments
250Penalties and interest due to Corporation in respect of unpaid levies
251Recovery of payments
252Relationship with social security benefits: reimbursement by Corporation
253Relationship with social security benefits: reimbursement to Corporation
254Limitation period
255Refunds payable by Corporation
256Application of payments
257Application of sections 248, 249, and 254 to third parties
258Production of documents
259Accident Compensation Corporation
260Powers of Corporation [Repealed]
261Relationship between Corporation and subsidiaries
262Functions of Corporation
263Prevention of personal injury
264Money expended or received for injury prevention to be managed through Accounts
264AWorkplace injury prevention action plan
264BInjury prevention measures undertaken by WorkSafe and funded by Corporation or jointly undertaken
265Ancillary powers of Corporation
266Provisions relating to Crown entity subsidiaries
267Board of Corporation
268Protection of names “Accident Compensation Corporation” and “Accident Rehabilitation and Compensation Insurance Corporation”
269Further provisions applying to Corporation
270Corporation to comply with Government policy [Repealed]
271Service agreements between Corporation and Minister
272Statement of intent
273Provision of financial information
274Management of Accounts
275Investments
276Power to borrow, etc
277Loans and grants to Corporation [Repealed]
278Annual financial statements
278AAnnual financial condition report
279Purposes for which Corporation to collect information
280Disclosure of information to Corporation
281Disclosure of information by Corporation for benefit and benefit debt recovery purposes
282Disclosure of information by Corporation for health purposes
283Disclosure of information by Corporation for injury prevention purposes
284Reporting of risk of harm to public
285Personal injuries in nature of medical misadventure [Repealed]
286Corporation to provide information to Ministry of Business, Innovation, and Employment and to health and safety regulators
287Purpose of this Part
288Injury-related statistics are classified under Statistics Act 1975
289Information manager
290Information manager can require government agencies to provide injury-related information
291Ministerial advisory panel [Repealed]
292Minister to require information manager to enter into purchase agreement
293Funding of information manager
294Scope and purpose of sections 295 to 297
295Obligation to provide entitlements where subsequent injury occurs
296Failure to reach agreement
297Entitlements not affected by court direction
298Work-related gradual process, disease, or infection involving exposure before 1 April 2002
299No contracting out of this Act
300Public interest
301Service agreement for purchase of public health acute services and other health services
302Minister of Health’s responsibilities for purchase of public health acute services and other health services
303Restriction on purchase by Corporation of public health acute services
304Minister of Health acts on behalf of the Crown
305Joint purchasing arrangements for emergency transport services
306Sick leave may be used when employer not liable for first week compensation
307How documents given or information notified
308Offence to mislead Corporation
309Offence not to provide requested information to Corporation
310Offence not to provide earnings information to Corporation
311Goods and services tax not payable on penalties or fines
312Directors, employees, and officers
313Charges
[Repealed]
314Summary conviction [Repealed]
315General fine for offences
316Offences in relation to deductions
317Proceedings for personal injury
318Proceedings for personal injury caused by work-related gradual process, disease, or infection
319Exemplary damages
320Corporation to be heard
321Powers of Corporation when person has right to bring proceedings
322Regulations relating to definitions
322ADefinition of health practitioner may be limited
323Regulations relating to claims for noise-induced hearing loss caused by work-related gradual process
324Regulations relating to rehabilitation
324AAnnual review of amounts prescribed by regulations made under section 324
325Regulations relating to ancillary services for rehabilitation
326Regulations relating to lump sum compensation
327Regulations relating to indexation
328Regulations relating to reviews and appeals
328ARegulations relating to alternative dispute resolution
329Regulations relating to levies
330Consultation requirements for regulations relating to classifications, risk rating, or treatment injury
331Consultation and other requirements for regulations relating to levy setting
332Regulations relating to information
333General power to make regulations
334Regulations may confer discretion
335Regulations may prescribe offences and fines
336Amendment of Schedule 2 by Order in Council
336ARepeal of and amendments to provisions relating to residual levies for Work Account
336BRepeal of and amendments to provisions relating to residual levies for Motor Vehicle Account
336CRepeal of and amendments to provisions relating to residual levies for Earners’ Account
337Consequential amendments
338Consequential tax amendments
339Consequential repeals and revocations
340Purpose of this Part
341Interpretation
342Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act
343Saving in respect of other ongoing matters under 1998 Act
344Funding of Regulator
345Regulator’s functions in respect of Non-Compliers Fund
346Amendments to 1998 Act
347Saving in respect of 2000 Act
348Savings in respect of Accident Insurance (Payment for Public Health Acute Services) Regulations 2001
349Regulations
350Interpretation
351References to former Acts
352Purpose of this Part
353Part not to apply to certain claims
354Processing of claims
355Claims for cover accepted under former Acts
356Claim for cover lodged but not yet determined if injury suffered before 1 July 1992
357Claim for cover lodged before 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 July 1999
358Claim for cover lodged on or after 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 April 2002
359Injuries suffered before 1 April 1974
360Claim for cover under former Acts not lodged until on or after 1 April 2002
361Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if events before 1 April 1974 and death before 1 July 1992
362First week compensation for incapacity commencing before 1 April 2002
363Application of sections 364 to 387
364Treatment
365Weekly compensation under Accident Insurance Act 1998
366Weekly earnings of certain claimants increased
367Multiple employment
368Weekly payments for permanent incapacity under 1972 and 1982 Acts
369Cessation of weekly compensation under any former Act because of capacity for work
370Cessation of weekly compensation under any former Act because of national superannuation qualification age
371Interest on late payments of weekly compensation
372Individual rehabilitation plan
373Time limit on vocational rehabilitation
374Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help
375Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act: attendant care
376Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts
377Independence allowance for personal injury suffered before 1 July 1999
378Personal injury suffered on or after 1 July 1999 and before 1 April 2002
379Payment of independence allowance to claimant outside New Zealand
380Lump sum compensation under former Acts
381Funeral expenses for death before 1 April 2002
382Survivor’s grant to surviving spouses or partners, children, and other dependants for death before 1 April 2002
383Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance Act 1998
384Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts
385Compensation payable to children and other dependants under 1972 and 1982 Acts
386Child care payments for children of deceased persons
387Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person
388Indexation of certain entitlements payable under former Acts
389Disentitling sections apply
390Corporation may revise decisions
391Review and appeal proceedings for decisions under former Acts
392Allocation of existing funds
393Levies, premiums, and other payments under former Acts
394Accredited employers under Accident Rehabilitation and Compensation Insurance Act 1992
395Accredited employers under Accident Insurance Act 1998
396Regulations providing for transitional matters [Expired]
397Expiry of section 396
398Collection of HSE levy
399Corporation in lead-up to commencement of this Act
400Transfer of rights and liabilities under former Acts
401References to premiums under former Act include levies under this Act
Reprint notes
 
1 Title

This Act is the Accident Compensation Act 2001.

Section 1: amended, on 3 March 2010, by section 5(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Part 1 Preliminary provisions

2 Commencement

(1)

This section and sections 40 to 47, 265, and 274(3) come into force on the day after the date on which this Act receives the Royal assent.

(2)

Clauses 56(5) and 64(2) of Schedule 1 come into force on 1 April 2003.

(3)

The rest of this Act comes into force on 1 April 2002.

3 Purpose

The purpose of this Act is to enhance the public good and reinforce the social contract represented by the first accident compensation scheme by providing for a fair and sustainable scheme for managing personal injury that has, as its overriding goals, minimising both the overall incidence of injury in the community, and the impact of injury on the community (including economic, social, and personal costs), through—

(a)

establishing as a primary function of the Corporation the promotion of measures to reduce the incidence and severity of personal injury:

(b)

providing for a framework for the collection, co-ordination, and analysis of injury-related information:

(c)

ensuring that, where injuries occur, the Corporation’s primary focus should be on rehabilitation with the goal of achieving an appropriate quality of life through the provision of entitlements that restores to the maximum practicable extent a claimant’s health, independence, and participation:

(d)

ensuring that, during their rehabilitation, claimants receive fair compensation for loss from injury, including fair determination of weekly compensation and, where appropriate, lump sums for permanent impairment:

(e)

ensuring positive claimant interactions with the Corporation through the development and operation of a Code of ACC Claimants’ Rights:

(f)

ensuring that persons who suffered personal injuries before the commencement of this Act continue to receive entitlements where appropriate.

4 Overview

In general terms, this Act is arranged as follows:

(a)

Part 1 deals with preliminary matters such as the purpose of the Act and definitions:

(b)

Part 2 determines whether a person has cover:

(c)

Part 3 provides—

(i)

for the preparation and approval of a Code of ACC Claimants’ Rights; and

(ii)

how to make a claim under this Act for cover and entitlements, and the process the Corporation must follow in deciding claims:

(d)

Part 4 sets out what the entitlements are and Schedule 1 sets out the detail of the entitlements:

(e)

Part 5 provides for the resolution of disputes about decisions:

(f)

Part 6 provides for the management of the Scheme and for the setting and collection of levies:

(g)

Part 7 continues the Accident Compensation Corporation and governs its operations:

(h)

Part 8 relates to the management of injury-related information:

(i)

Part 9 sets out miscellaneous provisions such as provisions about offences and penalties, and regulation-making powers:

(j)

Part 10 provides for the continuation of an orderly transition from the competitive provision of workplace accident insurance:

(k)

Part 11 provides transitional provisions for cover, entitlements, reviews and appeals, and financial matters relating to former Acts.

5 Act to bind the Crown

This Act binds the Crown.

Compare: 1998 No 114 s 3

6 Interpretation

(1)

In this Act, unless the context otherwise requires,—

accident has the meaning set out in section 25

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

(c)

in the case of a self-employed person, refers to the nature of his or her work rather than the context or business in which he or she is working

acupuncturist means—

(a)

a member of the New Zealand Register of Acupuncturists Incorporated; or

(b)

a member of the New Zealand Acupuncture Standards Authority Incorporated who—

(i)

is a qualified health professional registered to practise in some other medical discipline in New Zealand who holds a recognised postgraduate qualification in acupuncture of a minimum of 120 credits (1 year full time) at Level 8 or above on the New Zealand Register of Quality Assured Qualifications; or

(ii)

holds a National Diploma in Acupuncture (Level 7) or equivalent according to the criteria for the New Zealand Register of Quality Assured Qualifications

acute treatment has the meaning set out in section 7

audiologist

(a)

means a member of the New Zealand Audiological Society; but

(b)

does not include a member when he or she is acting in the course of employment by a supplier of hearing aids or acting as a supplier of hearing aids

Board means the Board of the Corporation

child, in relation to a deceased claimant,—

(a)

means his or her natural child; and

(b)

includes his or her adopted child; and

(c)

includes any other child who would ordinarily be regarded as his or her child because the deceased claimant—

(i)

was the spouse or partner of one of the child’s parents; and

(ii)

acted as a parent of the child; but

(d)

does not include an other dependant of the 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

(b)

holds a current practising certificate

claim means a claim under section 48

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

(b)

holds a current practising certificate

close company has the same meaning as in section YA 1 of the Income Tax Act 2007

Code

(a)

means the Code of ACC Claimants’ Rights approved under section 44; and

(b)

includes any amendments to the Code approved under section 47

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

cover has the meaning set out in section 8

Crown entity subsidiary has, subject to section 266, the same meaning as in the second column of section 7(1)(c) 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:

(a)

a decision whether or not a claimant has cover:

(b)

a decision about the classification of the personal injury a claimant has suffered (for example, a work-related personal injury or a motor vehicle injury):

(c)

a decision whether or not the Corporation will provide any entitlements to a claimant:

(d)

a decision about which entitlements the Corporation will provide to a claimant:

(e)

a decision about the level of any entitlements to be provided:

(f)

a decision relating to the levy payable by a particular levy payer:

(g)

a decision made under the Code about a claimant’s complaint

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

(b)

holds a current practising certificate

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

(b)

holds a current practising certificate

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

earner

(a)

means a natural person who engages in employment, whether or not as an employee; and

(b)

includes a person to whom clause 43 or clause 44 of Schedule 1 applies

Earners’ Account means the Account described in section 218

earnings means—

(a)

earnings as an employee:

(b)

earnings as a self-employed person:

(c)

earnings as a shareholder-employee

earnings as an employee has the meaning set out in sections 9 to 13

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,—

(a)

any amount that 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; or

(b)

any salary, wages, or other income to which section RD 3(2) to (4) of the Income Tax Act 2007 applies

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

(ii)

any salary, wages, or other income to which section RD 3(2) to (4) of the Income Tax Act 2007 applies; but

(b)

does not include, for the purpose of Part 6, a person who is an employer solely by reason of any of section RD 5(1)(b)(iii), (6)(b), or (c) of the Income Tax Act 2007

employment

(a)

means work engaged in or carried out for the purposes of pecuniary gain or profit; and

(b)

in the case of an employee, includes a period of paid leave, other than paid leave on the termination of employment

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—

(a)

starting,—

(i)

in a case where there are separate periods of incapacity resulting from the same personal injury, on the day on which the initial period of incapacity commences; or

(ii)

in any other case, on the day on which an incapacity resulting from a personal injury first commences; and

(b)

ending with the close of the sixth day after that day

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—

(a)

either as a member of the staff of a diplomatic mission of any State (within the meaning of the Diplomatic Privileges and Immunities Act 1968) or as a member of a consular post of any State (within the meaning of the Consular Privileges and Immunities Act 1971); or

(b)

as a representative or officer or employee of the Government of any country other than New Zealand; or

(c)

as a representative or officer or employee of any international organisation or of the Commonwealth Secretariat or of any organ of an international organisation or the Commonwealth Secretariat; or

(d)

as a representative at any conference convened in New Zealand by an international organisation or by the Commonwealth Secretariat

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—

(a)

an average of at least 30 hours per week; or

(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

government agency, for the purposes of Part 8 and section 324(4)(b)(ii), includes a government department and a Crown entity

health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015

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

incapacity,—

(a)

for the purposes of determining incapacity, means incapacity determined under section 103 or section 105, as the case may require; and

(b)

includes absence from employment in order to get treatment for personal injury covered by this Act, if the treatment—

(i)

is necessary for the injury; and

(ii)

is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1

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

(b)

includes an individual rehabilitation programme or individual rehabilitation plan entered into under a former Act

medical laboratory technologist means a health practitioner who—

(a)

is, or is deemed to be, registered with the Medical Sciences 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 medical laboratory science; and

(b)

holds a current practising certificate

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

(b)

holds a current practising certificate

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

(b)

holds a current practising certificate

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

(b)

holds a current practising certificate

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

moped has the meaning given to it in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986

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 injury has the meaning set out in sections 29 and 35

motorcycle has the meaning given to it in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986

Motorcycle Safety levy means the levy payable under section 214(3)

New Zealand has the meaning set out in section 16

New Zealand superannuation qualification age,—

(a)

for a person born before 1 April 1936, means the appropriate age set out in section 3 of the Social Welfare (Transitional Provisions) Act 1990 (before its repeal):

(b)

for any other person, means the age specified in section 7 of the New Zealand Superannuation and Retirement Income Act 2001,—

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

(b)

holds a current practising certificate

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

(b)

holds a current practising certificate

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

(b)

holds a current practising certificate

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

(b)

holds a current practising certificate

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

(b)

holds a current practising certificate

other dependant means a person who has all the following characteristics immediately before a deceased claimant’s death:

(a)

because of his or her physical or mental condition, he or she is financially dependent on the deceased claimant:

(b)

he or she is deriving average earnings per week of less than the minimum weekly earnings as determined under clause 42(3) of Schedule 1:

(c)

he or she is not the deceased claimant’s spouse or partner:

(d)

he or she is not a child of the deceased claimant under 18 years

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

overpayment means an overpayment of the type described in section 248(1)(a)

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—

(a)

personal injury covered by the Accident Insurance Act 1998:

(b)

personal injury covered by the Accident Rehabilitation and Compensation Insurance Act 1992:

(c)

personal injury by accident covered by the Accident Compensation Act 1982 or the Accident Compensation Act 1972

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

(b)

a controlled drug as defined in the Misuse of Drugs Act 1975

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

(b)

holds a current practising certificate

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

(b)

holds a current practising certificate

place of education

(a)

means—

(i)

a composite school or a secondary school as defined by section 2(1) of the Education Act 1989, or a secondary school registered under section 35A of the Education Act 1989, or a secondary partnership school kura hourua or composite partnership school kura hourua (within the meaning of section 158A of the Education Act 1989); and

(ii)

an institution, such as a polytechnic, teachers college, university or wananga, as defined by section 159(1) of the Education Act 1989; and

(iii)

a registered establishment as defined by section 159(1) of the Education Act 1989; and

(b)

includes any other prescribed place of education

place of employment means any premises or place—

(a)

occupied for the purposes of employment; or

(b)

to which a person has access because of his or her employment; or

(c)

attended by a person for a course of education or training for the purposes of his or her current employment, if he or she receives earnings from that employment for his or her attendance

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

(b)

holds a current practising certificate

potential earner means a claimant who either—

(a)

suffered personal injury before turning 18 years; or

(b)

suffered personal injury while engaged in full-time study or training that began before the claimant turned 18 years and continued uninterrupted until after the claimant turned 18 years

practicable, in relation to rehabilitation, means practicable after considering and balancing the following:

(a)

the nature and consequences of the injury:

(b)

the achievement of rehabilitation outcomes:

(c)

costs:

(d)

cost effectiveness:

(e)

the availability of other forms of rehabilitation:

(f)

other relevant factors

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—

(a)

who is employed by any other person where—

(i)

the employer is the occupier or one of the occupiers of a dwellinghouse or other premises used exclusively for residential purposes; and

(ii)

the employment is for the performance of work in or about the dwellinghouse or premises or the garden or grounds belonging to the dwellinghouse or premises; and

(iii)

the employment is not in relation to any business carried on by the employer or to any occupation or calling of the employer; and

(iv)

the employment is not regular full-time employment; and

(b)

to whom section RD 4 of the Income Tax Act 2007 (obligation to make own tax deductions) applies

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

(b)

includes any person referred to in paragraph (a) who holds an interim practising certificate but only when acting in accordance with any conditions of such interim certificate; and

(c)

includes a member of any occupational group included in the definition of registered health professional by regulations made under section 322

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

(b)

comprises treatment, social rehabilitation, and vocational rehabilitation

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—

(a)

section 36 and clause 55 of Schedule 1, when it is used in relation to mental injury:

(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:

(c)

section 38 and clause 55 of Schedule 1, when it is used in relation to treatment injury or personal injury caused by medical misadventure

tax year, in relation to any person, has the same meaning as in section YA 1 of the Income Tax Act 2007 for the purposes of furnishing a return of income under the Tax Administration Act 1994

trade plate has the same meaning as in section 233(1) of the Land Transport Act 1998

treatment includes—

(a)

physical rehabilitation:

(b)

cognitive rehabilitation:

(c)

an examination for the purpose of providing a certificate including the provision of the certificate

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

(b)

includes a member of any occupational group included in the definition of treatment provider by regulations made under section 322

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

(b)

for 30 hours or more a week

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—

(a)

under any of clauses 32, 47, 66, 70, and 71 of Schedule 1; or

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

work-related personal injury has the meaning set out in sections 28 and 29(1)

WorkSafe means WorkSafe New Zealand established by section 5 of the WorkSafe New Zealand Act 2013.

(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 income years, except when the context requires otherwise), 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) Crown entity subsidiary: amended, on 18 July 2013, by section 42 of the Crown Entities Amendment Act 2013 (2013 No 51).

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) Earners’ Account Residual levy: repealed, on 3 March 2010, by section 6(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 6(1) employee paragraph (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 6(1) employee paragraph (b): 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 6(1) employee paragraph (b): 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 6(1) employer paragraph (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 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 income years, except when the context requires otherwise), 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 income years, except when the context requires otherwise), 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 tax years, except when the context requires otherwise), 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 income years, except when the context requires otherwise), 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) fully funded: repealed, on 24 September 2015, by section 4 of the Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 (2015 No 85).

Section 6(1) health and safety regulator: inserted, on 4 April 2016, by section 5 of the Accident Compensation Amendment Act 2015 (2015 No 71).

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 tax years, except when the context requires otherwise), 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 laboratory technologist paragraph (a): amended, on 1 August 2011, by clause 6(2) of the Health Practitioners Competence Assurance (Designation of Anaesthetic Technology Services as Health Profession) Order 2011 (SR 2011/227).

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) moped: inserted, on 3 March 2010, by section 6(3) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 6(1) Motor Vehicle Account Residual levy: repealed, on 3 March 2010, by section 6(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 6(1) motorcycle: inserted, on 3 March 2010, by section 6(3) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 6(1) Motorcycle Safety levy: inserted, on 3 March 2010, by section 6(3) of the Accident Compensation Amendment Act 2010 (2010 No 1).

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 income years, except when the context requires otherwise), 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) place of education paragraph (a)(i): replaced, on 13 June 2013, by section 42 of the Education Amendment Act 2013 (2013 No 34).

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 income years, except when the context requires otherwise), 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) Residual Claims Account: repealed, on 3 March 2010, by section 6(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 6(1) Residual Claims levy: repealed, on 3 March 2010, by section 6(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

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 income years, except when the context requires otherwise), 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 tax years, except when the context requires otherwise), 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 income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 6(1) trade plate: substituted, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

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) vocational independence paragraph (b): amended, on 1 July 2010, by section 6(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

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).

Section 6(1) WorkSafe: inserted, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

7 Acute treatment

Acute treatment, in relation to a claimant, means—

(a)

the first visit to a treatment provider for treatment for a personal injury for which the claimant has cover; and

(b)

the following treatments if, in the treatment provider’s reasonable clinical judgment, the need for the treatment is urgent (given the likely clinical effect on the claimant of any delay in treatment):

(i)

any subsequent visit to that treatment provider for the injury referred to in paragraph (a); and

(ii)

any referral by that treatment provider to any other treatment provider for the injury referred to in paragraph (a).

Compare: 1998 No 114 s 14

8 Cover

(1)

When this Act says a claimant has cover, it means that the claimant has cover for a personal injury—

(a)

under any of sections 20, 21, or 22, for a personal injury suffered on or after 1 April 2002; or

(b)

under Part 10 or Part 11, for a personal injury suffered before that date.

(2)

When this Act says that an injury is covered by this Act, it means that the injury is a personal injury for which a claimant has cover.

Compare: 1998 No 114 s 16

9 Earnings as an employee: what it means

(1)

Earnings as an employee, in relation to any person and any tax year, means all PAYE income payments of the person for the tax year.

(2)

This section is subject to sections 10 to 13.

Compare: 1998 No 114 s 17

Section 9(1): 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 9(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).

10 Earnings as an employee: payments to spouse or partner

(1)

Earnings as an employee, in relation to any person and any tax year, does not include any amount paid to the person (person A) for services he or she performs for his or her spouse or partner (person B), as person B’s employee or otherwise.

(2)

However, subsection (1) does not apply if person B, in order to calculate his or her income for the purposes of the Income Tax Act 2007, has made a written application for, and obtained, the Commissioner’s consent to a deduction being made for any amounts paid by person B to person A for the services person A performs.

(3)

If subsection (2) applies, account must be taken of the following in determining person A’s weekly earnings for as long as the Commissioner’s consent relates to the services and to the amounts paid:

(a)

the services performed by person A after the date on which the Commissioner receives person B’s application; and

(b)

any amounts paid after the date on which the Commissioner receives person B’s application.

(4)

The Corporation may accept that there has been sufficient compliance with subsection (2), and levies are payable accordingly, if—

(a)

person A provides services to person B; and

(b)

person B submits or has submitted a return of income to the Commissioner; and

(c)

person B shows the amounts paid to person A for such services in the return as an expense incurred in the production of income for the purposes of the Income Tax Act 2007; and

(d)

person A includes the amounts paid to him or her by person B for such services in a return of income submitted to the Commissioner; and

(e)

person A pays or has paid tax (if appropriate) on such amounts.

Compare: 1998 No 114 s 18

Section 10 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Section 10(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Section 10(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 10(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).

Section 10(4)(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 10(4)(c): 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).

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

(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

(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)(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)(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).

12 Earnings as an employee: Work Account levy payable under section 168

For the purpose of calculating the Work Account levy payable under section 168, earnings as an employee does not include any payment of—

(a)

first week compensation; or

(b)

weekly compensation.

Compare: 1998 No 114 s 19A

Section 12 heading: amended, on 3 March 2010, by section 7(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 12 heading: amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 12: amended, on 3 March 2010, by section 7(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 12: amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

13 Earnings of private domestic workers

The Corporation must treat the earnings of a private domestic worker as earnings as an employee.

Section 13: substituted, on 1 July 2005, by section 5 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

14 Earnings as a self-employed person

(1)

Earnings as a self-employed person, in relation to any person and any tax year,—

(a)

means A minus B, A being the amount described in subsection (2) and B being the amount described in subsection (3); and

(b)

does not include any earnings as an employee or earnings as a shareholder-employee.

(2)

A is the amount of income (if any)—

(a)

that the person derives in the tax year for the purposes of the Income Tax Act 2007; and

(b)

that is dependent on the person’s personal exertions.

(3)

B is all amounts that the person is allowed as deductions for the purposes of the Income Tax Act 2007 because of the person deriving the income described in subsection (2).

Compare: 1998 No 114 s 20

Section 14(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 14(2): 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 14(2)(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 14(2)(a): 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 14(3): 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 14(3): 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).

15 Earnings as a shareholder-employee

(1)

Earnings as a shareholder-employee, in relation to a person who is a shareholder-employee and any tax year, means—

(a)

the amount described in subsection (2) (the subsection (2) amount); or

(b)

the amount described in subsection (3) (the subsection (3) amount), if the Corporation decides that the subsection (2) amount is not a reasonable representation of the person’s earnings as a shareholder-employee in the tax year.

(2)

The subsection (2) amount is—

(a)

all PAYE income payments of the person for the tax year derived from a company of which the person is a shareholder-employee; and

(b)

all income of the person that is deemed to be income derived otherwise than from PAYE income payments under section RD 3(2) to (4) of the Income Tax Act 2007.

(3)

The subsection (3) amount is an amount determined by the Corporation in the following way:

(a)

first, determine each of the following amounts:

(i)

an amount that represents reasonable remuneration for the services that the person provides to the company as an employee of the company in the tax year; and

(ii)

an amount that represents reasonable remuneration for the services that the person provides as a director of the company in the tax year; and

(b)

second, add the amounts described in paragraph (a)(i) and (ii), and the result is the subsection (3) amount.

(4)

The earnings as an employee of the person as an employee of the company are the amount described in subsection (3)(a)(i).

(5)

The director’s fees of the person as a director of the company are the amount described in subsection (3)(a)(ii).

(6)

The dividend of the person as a shareholder of the company is determined by the Corporation in the following way:

(a)

first, determine the total amount the company pays or provides to the person in any capacity in the tax year; and

(b)

second, deduct the subsection (3) amount from that total amount, and the result is the dividend of the person as a shareholder of the company and is not earnings of the person.

Compare: 1998 No 114 s 21

Section 15(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 15(1)(b): 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 15(2)(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 15(2)(a): 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 15(2)(b): 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 15(3)(a)(i): 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 15(3)(a)(ii): 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 15(6)(a): 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).

16 New Zealand

(1)

New Zealand means—

(a)

the North Island, the South Island, Stewart Island, the Chatham Islands, and all other land territories, islands, and islets lying between the 162nd degree of east longitude and the 173rd degree of west longitude and between the 33rd and 53rd parallels of south latitude; and

(b)

those islands situated in the South Pacific Ocean lying between the 177th and 180th degrees of west longitude and between the 29th and 32nd parallels of south latitude, commonly known as the Kermadec Group; and

(c)

those parts of the internal waters of New Zealand (as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977) adjacent to the land territories, islands, and islets referred to in paragraphs (a) and (b); and

(d)

those parts of the territorial sea of New Zealand (as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977) adjacent to the land territories, islands, and islets referred to in paragraphs (a) and (b); and

(e)

any installation or drilling rig that—

(i)

is constructed, erected, placed, or used in, on, or above those parts of the continental shelf adjacent to the land territories, islands, and islets referred to in paragraphs (a) and (b); and

(ii)

has the purpose of the exploration of the continental shelf or the exploitation of the mineral or other natural non-living resources of the continental shelf.

(2)

In subsection (1)(e),—

(a)

continental shelf has the meaning given to it in section 2(1) of the Continental Shelf Act 1964:

(b)

installation and drilling rig include—

(i)

any installation or drilling rig, whether permanent or temporary:

(ii)

any aircraft, floating platform, ship, or other device that is for the time being in, on, or above the continental shelf and is being used in connection with any installation or drilling rig.

(3)

A person remains in New Zealand when he or she—

(a)

embarks in New Zealand on an aircraft or ship or some other means of conveyance by air or sea—

(i)

to travel from one place in New Zealand to another place in New Zealand; or

(ii)

to return to his or her place of embarkation without disembarking at any other place; and

(b)

does not go beyond a limit of 300 nautical miles from any point or points in New Zealand.

Compare: 1998 No 114 s 23

17 Ordinarily resident in New Zealand

(1)

A person is ordinarily resident in New Zealand if he or she—

(a)

has New Zealand as his or her permanent place of residence, whether or not he or she also has a place of residence outside New Zealand; and

(b)

is in one of the following categories:

(i)

a New Zealand citizen:

(ii)

a holder of a residence class visa granted under the Immigration Act 2009:

(iii)

a person who is a spouse or a partner, child, or other dependant of any person referred to in subparagraph (i) or (ii), and who generally accompanies the person referred to in the subparagraph.

(2)

A person does not have a permanent place of residence in New Zealand if he or she has been and remains absent from New Zealand for more than 6 months or intends to be absent from New Zealand for more than 6 months. This subsection overrides subsection (3) but is subject to subsection (4).

(3)

A person has a permanent place of residence in New Zealand if he or she, although absent from New Zealand, has been personally present in New Zealand for a period or periods exceeding in the aggregate 183 days in the 12-month period immediately before last becoming absent from New Zealand. (A person personally present in New Zealand for part of a day is treated as being personally present in New Zealand for the whole of that day.)

(4)

A person does not cease to have a permanent place of residence in New Zealand because he or she is absent from New Zealand primarily in connection with the duties of his or her employment, the remuneration for which is treated as income derived in New Zealand for New Zealand income tax purposes, or for 6 months following the completion of the period of employment outside New Zealand, so long as he or she intends to resume a place of residence in New Zealand.

(5)

A person is not ordinarily resident in New Zealand if he or she is in New Zealand unlawfully within the meaning of the Immigration Act 2009. Any period during which a person is in New Zealand unlawfully is not counted as time spent in New Zealand for the purposes of subsection (3).

Compare: 1998 No 114 s 24

Section 17(1)(b): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 17(5): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

18 Spouse (and spouse in relation to deceased claimant)

(1)

Spouse means a person (person A) to whom the claimant is legally married.

(2)

However, person A is not the spouse of a claimant if—

(a)

person A and the claimant are living apart; and

(b)

the claimant is not contributing financially to person A’s welfare.

(3)

Subsection (2) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person A or the claimant.

(4)

Spouse, in relation to a deceased claimant, means a person (person B) to whom the deceased claimant was legally married immediately before his or her death.

(5)

However, person B is not the spouse of a deceased claimant if, at the time of the deceased claimant’s death,—

(a)

person B and the deceased claimant were living apart; and

(b)

the deceased claimant was not contributing financially to person B’s welfare.

(6)

Subsection (5) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person B or the deceased claimant.

Compare: 1998 No 114 s 25

Section 18(1): substituted, on 26 April 2005, by section 4(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Section 18(4): substituted, on 26 April 2005, by section 4(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

18A Partner (and partner in relation to deceased claimant)

(1)

Partner means a person (person A) with whom the claimant is in a civil union or a de facto relationship.

(2)

However, person A is not the partner of a claimant if—

(a)

person A and the claimant are living apart; and

(b)

the claimant is not contributing financially to person A’s welfare.

(3)

Subsection (2) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person A or the claimant.

(4)

Partner, in relation to a deceased claimant, means a person (person B)—

(a)

with whom the deceased claimant was in a civil union immediately before his or her death; or

(b)

with whom the deceased claimant was in a de facto relationship immediately before his or her death.

(5)

However, person B is not the partner of a deceased claimant if, at the time of the deceased claimant’s death,—

(a)

person B and the deceased claimant were living apart; and

(b)

the deceased claimant was not contributing financially to person B’s welfare.

(6)

Subsection (5) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person B or the deceased claimant.

Section 18A: inserted, on 26 April 2005, by section 5 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Part 2 Cover

Preliminary provision

19 Key terms in this Part

This Part uses and defines the following key terms:

accident (which is defined in section 25)

mental injury (which is defined in section 27)

motor vehicle injury (which is defined in sections 29(2) and 35)

personal injury (which is defined in section 26)

personal injury caused by a work-related gradual process, disease, or infection (which is defined in section 30)

treatment injury (which is defined in section 32)

work-related personal injury (which is defined in sections 28 and 29(1)).

Section 19: substituted, on 1 July 2005, by section 6 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Principles

20 Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)

(1)

A person has cover for a personal injury if—

(a)

he or she suffers the personal injury in New Zealand on or after 1 April 2002; and

(b)

the personal injury is any of the kinds of injuries described in section 26(1)(a) or (b) or (c) or (e); and

(c)

the personal injury is described in any of the paragraphs in subsection (2).

(2)

Subsection (1)(c) applies to—

(a)

personal injury caused by an accident to the person:

(b)

personal injury that is treatment injury suffered by the person:

(c)

treatment injury in circumstances described in section 32(7):

(d)

personal injury that is a consequence of treatment given to the person for another personal injury for which the person has cover:

(e)

personal injury caused by a work-related gradual process, disease, or infection suffered by the person:

(f)

personal injury caused by a gradual process, disease, or infection that is treatment injury suffered by the person:

(g)

personal injury caused by a gradual process, disease, or infection consequential on personal injury suffered by the person for which the person has cover:

(h)

personal injury caused by a gradual process, disease, or infection consequential on treatment given to the person for personal injury for which the person has cover:

(i)

personal injury that is a cardiovascular or cerebrovascular episode that is treatment injury suffered by the person:

(j)

personal injury that is a cardiovascular or cerebrovascular episode that is personal injury suffered by the person to which section 28(3) applies.

(3)

Subsections (1) and (2) are subject to the following qualifications:

(a)

section 23 denies cover to some persons otherwise potentially within the scope of subsection (1):

(b)

section 24 denies cover to some persons otherwise potentially within the scope of subsections (1) and (2)(e).

(4)

A person who suffers personal injury that is mental injury in circumstances described in section 21 has cover under section 21, but not under this section.

Compare: 1998 No 114 s 39

Section 20 heading: amended, on 1 October 2008, by section 5(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 20(2)(b): substituted, on 1 July 2005, by section 7(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 20(2)(c): substituted, on 1 July 2005, by section 7(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 20(2)(d): substituted, on 1 July 2005, by section 7(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 20(2)(f): substituted, on 1 July 2005, by section 7(4) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 20(2)(i): substituted, on 1 July 2005, by section 7(5) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 20(3)(b): amended, on 1 August 2008, by section 5(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

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

21A Cover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain criminal acts

(1)

This section applies to persons who suffered personal injury that is mental or nervous shock suffered as an outcome of any act of any other person, which act—

(a)

was performed on, with, or in relation to the claimant (but not on, with, or in relation to any other person); and

(b)

was within the description of any offence listed in Schedule 1 of the Accident Rehabilitation and Compensation Insurance Act 1992 (the 1992 Act); and

(c)

was performed before 1 July 1992 (including before 1 April 1974) and was performed—

(i)

in New Zealand; or

(ii)

outside New Zealand, and the claimant was ordinarily resident in New Zealand within the meaning of the 1992 Act when the act was actually performed.

(2)

For the purpose of subsection (1),—

(a)

the personal injury is deemed to have been suffered on the date of the first treatment that the claimant received for that personal injury as that personal injury; and

(b)

that first treatment must have been received on or after 1 July 1992 and before 1 July 1999; and

(c)

the treatment must have been of a kind for which the Corporation was required or permitted to make payments either directly under regulations made under the 1992 Act or under an agreement or contract or arrangement under section 29A of the 1992 Act, irrespective of whether or not it made any payment in the particular case.

(3)

For the purposes of subsection (1), it is irrelevant—

(a)

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

(b)

that the alleged offender is incapable of forming criminal intent; or

(c)

whether or not the person who suffered the personal injury was ordinarily resident in New Zealand within the meaning of the 1992 Act when the personal injury is deemed to have been suffered.

(4)

Persons to whom this section applies are deemed to have had cover under the 1992 Act for the personal injury described in subsection (1), and the following provisions apply:

(a)

payments made by or through the Corporation (or a subsidiary of the Corporation) or the Department of Labour to those persons for a personal injury described in subsection (1), whether made before or after the commencement of this section, are deemed to be entitlements paid under the 1992 Act to the extent that the correct amounts were paid:

(b)

for the purpose of paragraph (a), it does not matter whether or not the payment is a payment made in the belief that section 8(3) of the 1992 Act provided cover:

(c)

entitlements available as a result of cover deemed by this section are subject to Part 13 of the Accident Insurance Act 1998 and Part 11 of this Act:

(d)

Part 5 applies to decisions made by or on behalf of the Corporation between 15 July 2003 and the commencement of this section on claims made under section 8(3) of the 1992 Act for which cover is deemed by this section, and Part 5 applies as if those decisions had been made on the date of the commencement of this section.

(5)

However, the following provisions apply to civil proceedings brought before or after the commencement of this section seeking general damages for mental or nervous shock suffered by a person as an outcome of any act described in subsection (1) (the proceedings):

(a)

if the plaintiff received judgment in the proceedings, in his or her favour, before the commencement of this section, the plaintiff does not have cover under this section for the injury or injuries to which the proceedings relate:

(b)

if the proceedings were filed, but not heard, before the date of introduction of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005, nothing in this section prevents the proceedings from being heard or prevents a court from awarding the plaintiff general damages for the mental or nervous shock:

(c)

if the plaintiff continues the proceedings, the plaintiff must declare to the court any payments and entitlements received from the Corporation for the personal injury for which damages are sought, and the court must take those payments and entitlements into account in awarding the plaintiff any damages:

(d)

on the date judgment is given in the proceedings, the plaintiff—

(i)

does not have cover under this section for the injury or injuries to which the proceedings relate; and

(ii)

must advise the Corporation of the judgment:

(e)

if the plaintiff loses cover by virtue of paragraph (a) or paragraph (d), the Corporation may not recover any part of an amount that is deemed by subsection (4)(a) to be an entitlement paid to the plaintiff under the 1992 Act.

Section 21A: inserted, on 11 May 2005, by section 8 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 21A(4)(c): amended, on 3 March 2010, by section 5(3) of the Accident Compensation Amendment Act 2010 (2010 No 1).

21B Cover for work-related mental injury

(1)

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

(a)

he or she suffers the mental injury inside or outside New Zealand on or after 1 October 2008; and

(b)

the mental injury is caused by a single event of a kind described in subsection (2).

(2)

Subsection (1)(b) applies to an event that—

(a)

the person experiences, sees, or hears directly in the circumstances described in section 28(1); and

(b)

is an event that could reasonably be expected to cause mental injury to people generally; and

(c)

occurs—

(i)

in New Zealand; or

(ii)

outside New Zealand to a person who is ordinarily resident in New Zealand when the event occurs.

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

(5)

In subsection (2)(a), a person experiences, sees, or hears an event directly if that person—

(a)

is involved in or witnesses the event himself or herself; and

(b)

is in close physical proximity to the event at the time it occurs.

(6)

To avoid doubt, a person does not experience, see, or hear an event directly if that person experiences, sees, or hears it through a secondary source, for example, by—

(a)

seeing it on television (including closed circuit television):

(b)

seeing pictures of, or reading about, it in news media:

(c)

hearing it on radio or by telephone:

(d)

hearing about it from radio, telephone, or another person.

(7)

In this section, event

(a)

means—

(i)

an event that is sudden; or

(ii)

a direct outcome of a sudden event; and

(b)

includes a series of events that—

(i)

arise from the same cause or circumstance; and

(ii)

together comprise a single incident or occasion; but

(c)

does not include a gradual process.

Section 21B: inserted, on 1 October 2008, by section 6 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

22 Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)

(1)

A person has cover for a personal injury if—

(a)

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

(b)

the personal injury is any of the kinds of injuries described in section 26(1)(a) or (b) or (c) or (e); and

(c)

the person is ordinarily resident in New Zealand when he or she suffers the personal injury; and

(d)

the personal injury is one for which the person would have cover if he or she had suffered it in New Zealand.

(2)

Subsection (1) applies subject to subsection (3).

(3)

A person has cover for treatment injury if he or she suffers the personal injury on or after 1 July 2005 as a result of treatment given to him or her while outside New Zealand, but only if the circumstances described in subsection (4) exist.

(4)

The circumstances are—

(a)

the treatment is given by a person who has qualifications that are the same as or equivalent to those of a registered health professional; and

(b)

the personal injury would be personal injury caused by treatment if the treatment were given by or at the direction of the equivalent of a registered health professional and the person suffered the injury in New Zealand; and

(c)

the person is ordinarily resident in New Zealand when the treatment is given (whether or not he or she is ordinarily resident in New Zealand on the date on which he or she suffers the personal injury).

(5)

Section 38 describes how the date on which the person suffers the personal injury referred to in subsection (4)(c) is determined.

(6)

A person who suffers personal injury that is mental injury in circumstances described in section 21 has cover under section 21, but not under this section.

(7)

A person who suffers personal injury that is work-related mental injury in circumstances described in section 21B has cover under section 21B, but not under this section.

Compare: 1998 No 114 s 41

Section 22 heading: amended, on 1 October 2008, by section 7(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 22(3): substituted, on 1 July 2005, by section 9(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 22(4)(b): amended, on 1 July 2005, by section 9(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 22(5): substituted, on 1 July 2005, by section 9(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 22(7): added, on 1 October 2008, by section 7(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

23 Cover for personal injury suffered by persons not ordinarily resident in New Zealand: exclusions while travelling to, around, and from New Zealand

(1)

A person not ordinarily resident in New Zealand does not have cover for a personal injury if he or she suffers it while he or she—

(a)

is on board a ship or aircraft or other means of conveyance described in subsection (2); or

(b)

is embarking or disembarking from any such ship or aircraft or conveyance.

(2)

Subsection (1)(a) relates to the ship, aircraft, or conveyance on which the person—

(a)

comes to New Zealand; or

(b)

leaves New Zealand; or

(c)

comes to New Zealand, is carried and accommodated in the course of visiting New Zealand, and leaves New Zealand.

(3)

For the purposes of subsection (1)(b),—

(a)

embarking begins as soon as a person is on a gangway, air bridge, or other thing attached to or laid against a ship, aircraft, or other conveyance and available for use in embarking:

(b)

disembarking finishes as soon as a person has left any gangway, air bridge, or other thing attached to or laid against a ship, aircraft, or other conveyance and available for use in disembarking.

Compare: 1998 No 114 s 42

24 Cover for personal injury caused by work-related gradual process, disease, or infection: exclusion for events occurring outside New Zealand before 1 April 1974

(1)

A person does not have cover for a personal injury caused by a work-related gradual process, disease, or infection if—

(a)

he or she suffers the personal injury because, before 1 April 1974, he or she performed a task, or worked in an environment, in the circumstances described in section 30(2); and

(b)

he or she performed the task, or worked in the environment, outside New Zealand; and

(c)

he or she was not ordinarily resident in New Zealand when he or she performed the task or worked in the environment (whether or not he or she is ordinarily resident in New Zealand on the date on which he or she suffers the personal injury).

(2)

Section 37 describes how the date referred to in subsection (1)(c) is determined.

Compare: 1998 No 114 s 43

Key terms relating to cover

25 Accident

(1)

Accident means any of the following kinds of occurrences:

(a)

a specific event or a series of events, other than a gradual process, that—

(i)

involves the application of a force (including gravity), or resistance, external to the human body; or

(ii)

involves the sudden movement of the body to avoid a force (including gravity), or resistance, external to the body; or

(iii)

involves a twisting movement of the body:

(b)

the inhalation of any solid, liquid, gas, or foreign object on a specific occasion, which kind of occurrence does not include the inhalation of a virus, bacterium, protozoan, or fungus, unless that inhalation is the result of the criminal act of a person other than the injured person:

(ba)

the oral ingestion of any solid, liquid, gas, fungus, or foreign object on a specific occasion, which kind of occurrence does not include the ingestion of a virus, bacterium, or protozoan, unless that ingestion is the result of the criminal act of a person other than the injured person:

(c)

a burn, or exposure to radiation or rays of any kind, on a specific occasion, which kind of occurrence does not include a burn or exposure caused by exposure to the elements:

(d)

the absorption of any chemical through the skin within a defined period of time not exceeding 1 month:

(e)

any exposure to the elements, or to extremes of temperature or environment, within a defined period of time not exceeding 1 month, that,—

(i)

for a continuous period exceeding 1 month, results in any restriction or lack of ability that prevents the person from performing an activity in the manner or within the range considered normal for the person; or

(ii)

causes death.

(2)

However, accident does not include—

(a)

any of those kinds of occurrences if the occurrence is treatment given,—

(i)

in New Zealand, by or at the direction of a registered health professional; or

(ii)

outside New Zealand, by or at the direction of a person who has qualifications that are the same as or equivalent to those of a registered health professional; or

(b)

any ecto-parasitic infestation (such as scabies), unless it is work-related; or

(c)

the contraction of any disease carried by an arthropod as an active vector (such as malaria that results from a mosquito bite), unless it is work-related.

(3)

The fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident.

Compare: 1998 No 114 s 28

Section 25(1)(a): substituted, on 1 July 2005, by section 10(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 25(1)(b): substituted, on 1 July 2005, by section 10(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 25(1)(ba): inserted, on 1 July 2005, by section 10(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

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).

27 Mental injury

Mental injury means a clinically significant behavioural, cognitive, or psychological dysfunction.

Compare: 1998 No 114 s 30

28 Work-related personal injury

(1)

A work-related personal injury is a personal injury that a person suffers—

(a)

while he or she is at any place for the purposes of his or her employment, including, for example, a place that itself moves or a place to or through which the claimant moves; or

(b)

while he or she is having a break from work for a meal or rest or refreshment at his or her place of employment; or

(c)

while he or she is travelling to or from his or her place of employment at the start or finish of his or her day’s work, if he or she is an employee and if the transport—

(i)

is provided by the employer; and

(ii)

is provided for the purpose of transporting employees; and

(iii)

is driven by the employer or, at the direction of the employer, by another employee of the employer or of a related or associated employer; or

(d)

while he or she is travelling, by the most direct practicable route, between his or her place of employment and another place for the purposes of getting treatment for a work-related personal injury, if the treatment—

(i)

is necessary for the injury; and

(ii)

is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1.

(2)

In subsection (1)(d), most direct practicable route does not include those parts of a route that deviate unreasonably from, or interrupt, a journey for purposes unrelated to the employment or the treatment.

(3)

Work-related personal injury includes a cardiovascular or cerebrovascular episode suffered by a person, if the episode is caused by physical effort or physical strain, in performing his or her employment, that is abnormal in application or excessive in intensity for the person.

(4)

Work-related personal injury includes personal injury caused by a work-related gradual process, disease, or infection.

(4A)

Work-related personal injury includes work-related mental injury that is suffered in the circumstances described in section 21B.

(5)

Work-related personal injury includes personal injury suffered by a person resulting from treatment for a work-related personal injury as defined in subsections (1), (3), or (4), whether or not the injury is a treatment injury as defined in section 32.

(6)

Work-related personal injury does not include personal injury suffered by a person when all the following conditions exist:

(a)

the personal injury is suffered in any of the circumstances described in subsection (1); and

(b)

the personal injury is suffered in the circumstances described in section 21; and

(c)

the person elects to have the personal injury regarded as a non-work injury, in which case that personal injury is a non-work injury.

(7)

It is irrelevant to the decision whether the person suffered a work-related personal injury that, when the event causing the injury occurred, he or she—

(a)

may have been acting in contravention of any Act or regulations applicable to the employment, or in contravention of any instructions, or in the absence of instructions; or

(b)

may have been working under an illegal contract; or

(c)

may have been indulging in, or may have been the victim of, misconduct, skylarking, or negligence; or

(d)

may have been the victim of a force of nature.

(8)

This section is subject to section 29 (personal injuries that are both work-related and motor vehicle injuries).

Compare: 1998 No 114 s 32

Section 28(4A): inserted, on 1 October 2008, by section 9 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 28(5): amended, on 1 July 2005, by section 11 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

29 Personal injury that is both work-related and motor vehicle injury

(1)

An injury is a work-related personal injury, and is not a motor vehicle injury, if it—

(a)

falls within the definitions of both work-related personal injury and motor vehicle injury; but

(b)

is suffered in the circumstances described in section 28(1)(c) or (d) that relate to travel to or from employment or a place of treatment.

(2)

An injury is a motor vehicle injury, and is not a work-related personal injury, if it—

(a)

falls within the definitions of both motor vehicle injury and work-related personal injury; but

(b)

is suffered in the circumstances described in section 28(1)(a) or (b).

(3)

However, a person is entitled to first week compensation if either subsection (1) or subsection (2) applies.

Compare: 1998 No 114 ss 32(4), 38(3)

30 Personal injury caused by work-related gradual process, disease, or infection

(1)

Personal injury caused by a work-related gradual process, disease, or infection means personal injury—

(a)

suffered by a person; and

(b)

caused by a gradual process, disease, or infection; and

(c)

caused in the circumstances described in subsection (2).

(1A)

[Repealed]

(2)

The circumstances are—

(a)

the person—

(i)

performs an employment task that has a particular property or characteristic; or

(ii)

is employed in an environment that has a particular property or characteristic; and

(b)

the particular property or characteristic—

(i)

causes, or contributes to the cause of, the personal injury; and

(ii)

is not found to any material extent in the non-employment activities or environment of the person; and

(iii)

may or may not be present throughout the whole of the person’s employment; and

(c)

the risk of suffering the personal injury—

(i)

is significantly greater for persons who perform the employment task than for persons who do not perform it; or

(ii)

is significantly greater for persons who are employed in that type of environment than for persons who are not.

(2A)

[Repealed]

(3)

Personal injury caused by a work-related gradual process, disease, or infection includes personal injury that is—

(a)

of a type described in Schedule 2; and

(b)

suffered by a person who is or has been in employment—

(i)

that involves exposure, or the prescribed level or extent of exposure, to agents, dusts, compounds, substances, radiation, or things (as the case may be) described in that schedule in relation to that type of personal injury; or

(ii)

in an occupation, industry, or process described in that schedule in relation to that type of personal injury.

(3A)

To avoid doubt, where a claim is lodged for cover for a work-related gradual process, disease, or infection, section 57 applies to require, among other things, the Corporation to investigate the claim at its own expense.

(4)

Personal injury of a type described in subsection (3) does not require an assessment of causation under subsection (1)(b) or (c).

(4A)

This Act covers personal injury caused by a work-related gradual process, disease, or infection only if—

(a)

the exposure to the gradual process, disease, or infection actually occurred in New Zealand; or

(b)

the person concerned was ordinarily resident in New Zealand when the exposure actually occurred.

(5)

Personal injury caused by a work-related gradual process, disease, or infection does not include—

(a)

personal injury related to non-physical stress; or

(b)

any degree of deafness for which compensation has been paid under the Workers’ Compensation Act 1956.

(6)

Subsection (7) applies if, before 1 April 1974, the person—

(a)

performed an employment task that had a particular property or characteristic; or

(b)

was employed in an environment that had a particular property or characteristic.

(7)

The circumstances referred to in subsection (6) do not prevent the person’s personal injury from being personal injury caused by a work-related gradual process, disease, or infection, but he or she does not have cover for it if section 24 or section 361 applies to him or her.

Compare: 1998 No 114 s 33

Section 30(1A): repealed, on 1 July 2010, by section 9(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 30(2)(b)(ii): substituted, on 1 July 2010, by section 9(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 30(2)(c): substituted, on 1 July 2010, by section 9(3) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 30(2A): repealed, on 1 July 2010, by section 9(4) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 30(3): substituted, on 1 August 2008, by section 10(5) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 30(3A): inserted, on 1 August 2008, by section 10(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 30(4A): inserted, on 1 July 2005, by section 12 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

31 Ministerial advisory panel on work-related gradual process, disease, or infection
[Repealed]

Section 31: repealed, on 3 March 2010, by section 10 of the Accident Compensation Amendment Act 2010 (2010 No 1).

32 Treatment injury

(1)

Treatment injury means personal injury that is—

(a)

suffered by a person—

(i)

seeking treatment from 1 or more registered health professionals; or

(ii)

receiving treatment from, or at the direction of, 1 or more registered health professionals; or

(iii)

referred to in subsection (7); and

(b)

caused by treatment; and

(c)

not a necessary part, or ordinary consequence, of the treatment, taking into account all the circumstances of the treatment, including—

(i)

the person’s underlying health condition at the time of the treatment; and

(ii)

the clinical knowledge at the time of the treatment.

(2)

Treatment injury does not include the following kinds of personal injury:

(a)

personal injury that is wholly or substantially caused by a person’s underlying health condition:

(b)

personal injury that is solely attributable to a resource allocation decision:

(c)

personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment.

(3)

The fact that the treatment did not achieve a desired result does not, of itself, constitute treatment injury.

(4)

Treatment injury includes personal injury suffered by a person as a result of treatment given as part of a clinical trial, in the circumstances described in subsection (5) or subsection (6).

(5)

One of the circumstances referred to in subsection (4) is where the claimant did not agree, in writing, to participate in the trial.

(6)

The other circumstance referred to in subsection (4) is where—

(a)

an ethics committee—

(i)

approved the trial; and

(ii)

was satisfied that the trial was not to be conducted principally for the benefit of the manufacturer or distributor of the medicine or item being trialled; and

(b)

the ethics committee was approved by the Health Research Council of New Zealand or the Director-General of Health at the time it gave its approval.

(7)

If a person (person A) suffers an infection that is a treatment injury, cover for that personal injury extends to—

(a)

person A’s spouse or partner, if person A has passed the infection on directly to the spouse or partner:

(b)

person A’s child, if person A has passed the infection on directly to the child:

(c)

any other third party, if person A has passed the infection on directly to that third party:

(d)

person A’s child or any other third party, if—

(i)

person A has passed the infection directly to his or her spouse or partner; and

(ii)

person A’s spouse or partner has then passed the infection directly to the child or third party.

Section 32: substituted, on 1 July 2005, by section 13 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

33 Treatment

(1)

For the purposes of determining whether a treatment injury has occurred, or when that injury occurred, treatment includes—

(a)

the giving of treatment:

(b)

a diagnosis of a person’s medical condition:

(c)

a decision on the treatment to be provided (including a decision not to provide treatment):

(d)

a failure to provide treatment, or to provide treatment in a timely manner:

(e)

obtaining, or failing to obtain, a person’s consent to undergo treatment, including any information provided to the person (or other person legally entitled to consent on their behalf if the person does not have legal capacity) to enable the person to make an informed decision on whether to accept treatment:

(f)

the provision of prophylaxis:

(g)

the failure of any equipment, device, or tool used as part of the treatment process, including the failure of any implant or prosthesis (except where the failure of the implant or prosthesis is caused by an intervening act or by fair wear and tear), whether at the time of giving treatment or subsequently:

(h)

the application of any support systems, including policies, processes, practices, and administrative systems, that—

(i)

are used by the organisation or person providing the treatment; and

(ii)

directly support the treatment.

(2)

Subsection (1) does not affect the application of the definition of treatment in section 6(1) for purposes other than those stated in subsection (1).

(3)

Subsection (2) is for the avoidance of doubt.

Section 33: substituted, on 1 July 2005, by section 13 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

34 Cover for personal injury caused by medical misadventure before 1 July 2005

(1)

This section applies to—

(a)

claims for cover for personal injury caused by medical misadventure that were lodged with the Corporation before 1 July 2005, but have not been determined; and

(b)

claims for cover for personal injury caused by medical misadventure that were declined by the Corporation before 1 July 2005, but are lodged again on or after that date as claims for cover for treatment injury (and not lodged as claims referred to in subsection (4)).

(2)

Claims lodged in the circumstances described in subsection (1) must be determined under the relevant provisions in force immediately before 1 July 2005.

(3)

Reviews and appeals must be dealt with under the relevant provisions of Part 5 in force immediately before 1 July 2005, if the decision being reviewed or appealed—

(a)

was made before 1 July 2005; or

(b)

is one to which subsection (2) applies.

(4)

Subsection (1)(b) does not apply in relation to a claimant if,—

(a)

before 1 July 2005, the Corporation declined the claimant’s claim for cover for personal injury caused by medical misadventure because there was no personal injury; and

(b)

on or after 1 July 2005, the claimant lodges a claim for cover for treatment injury in respect of a personal injury that—

(i)

occurred after the decision to decline the earlier claim (whether before or after 1 July 2005); and

(ii)

arises out of the circumstances on which the earlier claim was based.

(5)

To avoid doubt, a claim for cover for personal injury caused by medical misadventure before 1 July 2005 that is lodged for the first time on or after 1 July 2005 must be determined under the relevant provisions in force on or after 1 July 2005 (that is, it is to be determined as if it were a treatment injury).

Section 34: substituted, on 1 July 2005, by section 13 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 34(5): inserted, on 5 December 2013, by section 4 of the Accident Compensation Amendment Act (No 2) 2013 (2013 No 105).

35 Motor vehicle injury

(1)

Motor vehicle injury

(a)

means—

(i)

a personal injury suffered because of the movement of a motor vehicle; or

(ii)

a personal injury suffered because of a stationary motor vehicle being struck by another motor vehicle or some other means of conveyance; but

(b)

does not include a personal injury that is a work-related mental injury.

(2)

However, motor vehicle injury does not include a personal injury suffered—

(a)

in the course of loading, unloading, repairing, or servicing a motor vehicle; or

(b)

in the course of any use of a motor vehicle other than as a means of conveyance; or

(c)

in the course of off-road use of a motor vehicle.

(3)

In subsection (2)(c), off-road use does not include use that is off-road as a direct result of the motor vehicle being out of control or having been involved in an accident.

(4)

This section is subject to section 29 (personal injuries that are both work-related and motor vehicle injuries).

Compare: 1998 No 114 s 38

Section 35(1): substituted, on 1 October 2008, by section 11 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Relevant dates of injury

36 Date on which person is to be regarded as suffering mental injury

(1)

The date on which a person suffers mental injury in the circumstances described in section 21 or 21B is the date on which the person first receives treatment for that mental injury as that mental injury.

(2)

The date on which a person suffers mental injury because of physical injuries suffered by the person is the date on which the physical injuries are suffered.

(3)

In subsection (1), treatment means treatment of a type that the person is entitled to under this Act or a former Act.

(4)

This section does not apply for the purposes of clause 55 of Schedule 1.

Compare: 1998 No 114 s 44

Section 36(1): amended, on 1 October 2008, by section 12 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

37 Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection

(1)

The date on which a person suffers personal injury caused by a work-related gradual process, disease, or infection is the earlier of the following dates:

(a)

the date on which the person first receives treatment from a medical practitioner or nurse practitioner for that personal injury as that personal injury:

(b)

the date on which the personal injury first results in the person’s incapacity.

(2)

Subsection (1) applies subject to subsection (3).

(3)

A person suffers his or her personal injury on the date specified in subsection (4) if he or she suffers the personal injury because, before 1 April 1974, he or she performed a task, or was employed in an environment, in the circumstances described in section 30(2).

(4)

A person to whom subsection (3) applies must be regarded as having suffered his or her personal injury on 1 July 1992, unless he or she actually suffers it on a date later than 1 July 1992 determined under subsection (1).

(5)

This section is subject to clause 55(2) of Schedule 1 (which relates to the entitlement to lump sum compensation for personal injury caused by a work-related gradual process, disease, or infection in circumstances described in that provision).

Compare: 1998 No 114 s 45

Section 37(1)(a): amended, on 1 August 2008, by section 13 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 37(1)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

38 Date on which person is to be regarded as suffering treatment injury

(1)

The date on which a person suffers a treatment injury is the date on which the person first seeks or receives treatment for the symptoms of that personal injury.

(2)

Subsection (1) applies even if it was not known, at the time the treatment was first sought or received for the symptoms, that previous treatment was the cause of the symptoms.

(3)

In subsection (1), treatment (where that term appears for the second time) means treatment of a type that the person is entitled to under this Act or a former Act.

(4)

This section is subject to clause 55(3) of Schedule 1 (which relates to the entitlement to lump sum compensation for treatment injuries in the circumstances described in that provision).

Section 38: substituted, on 1 July 2005, by section 14 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Part 3 Code of ACC Claimants’ Rights, and claims

Code of ACC Claimants’ Rights

39 Meaning of Corporation

In sections 40 and 45, Corporation includes—

(a)

an accredited employer (within the meaning of section 181); and

(b)

a person acting as an agent of the Corporation; and

(c)

a person who provides services (excluding treatment) to claimants on behalf of or authorised by the Corporation.

40 Purpose of Code

(1)

The purpose of the Code of ACC Claimants’ Rights is to meet the reasonable expectations of claimants (including the highest practicable standard of service and fairness) about how the Corporation should deal with them, by—

(a)

conferring rights on claimants and imposing obligations on the Corporation in relation to how the Corporation should deal with claimants; and

(b)

providing for the procedure for lodging and dealing with complaints about breaches of the Code by the Corporation; and

(c)

providing—

(i)

for the consequences of, and remedies for, a breach of the Code by the Corporation; and

(ii)

without limiting subparagraph (i), how and to what extent the Corporation must address situations where its conduct is not consistent with or does not uphold the rights of claimants under the Code; and

(d)

explaining a claimant’s right to a review, under Part 5, of a decision made under the Code about a claimant’s complaint.

(2)

The rights and obligations in the Code—

(a)

are in addition to any other rights claimants have and obligations the Corporation has under this Act, any other enactment, or the general law; and

(b)

do not affect the entitlements and responsibilities of claimants under this Act, any other enactment, or the general law.

41 Code applies generally

(1)

The Code applies not only for the purposes of this Part but also for the purposes of this Act generally.

(2)

This section applies to avoid doubt.

42 Corporation to prepare draft Code in consultation with persons nominated by Minister

(1)

The Corporation must, as soon as practicable after this section comes into force, prepare a draft Code of ACC Claimants’ Rights.

(2)

In preparing a draft Code the Corporation must consult such persons, bodies, organisations, and agencies as the Minister considers necessary to ensure that a wide range of views is available to the Corporation to assist it in preparing a draft Code.

(3)

In subsection (2), organisations includes groups representing claimants.

(4)

For the purposes of subsection (2), the Minister may take into account any relevant consultation undertaken by the Corporation before this section comes into force.

(5)

After preparing the draft code, the Corporation must forward it to the Minister.

43 Public consultation on draft Code after agreement by Minister

(1)

If the Minister agrees with the draft Code forwarded to him or her under section 42(5), the Corporation must, as soon as practicable, arrange for the draft Code to be notified—

(a)

in the Gazette; and

(b)

in daily newspapers published in Auckland, Hamilton, Wellington, Christchurch, and Dunedin.

(2)

Notification of the draft Code must state—

(a)

that written submissions on the draft Code are invited from members of the public and interested organisations; and

(b)

where copies of the draft Code may be obtained; and

(c)

the closing date for submissions; and

(d)

the address submissions are to be forwarded to.

(3)

The Corporation must—

(a)

prepare a report on the submissions, including any proposed amendments to the draft Code; and

(b)

forward the report to the Minister.

44 Approval of draft Code by Minister

(1)

After considering the report and making any amendments (whether recommended or not) to the draft Code, the Minister must,—

(a)

by notice in the Gazette, approve the Code; and

(b)

present the Code to the House of Representatives within 12 sitting days after approving the Code; and

(c)

arrange for the approval of the Code to be notified in daily newspapers published in Auckland, Hamilton, Wellington, Christchurch and Dunedin.

(2)

A notice given under subsection (1)(c) must state where copies of the Code may be obtained.

(3)

The Code comes into force—

(a)

on the date specified for that purpose in the Code, being a date after the date on which the Code is approved; or

(b)

if no such date is specified, the day after the date on which the Code is approved.

45 Corporation’s obligations in respect of Code

(1)

The Corporation must, in all its dealings with claimants, ensure that its actions are consistent with and uphold the rights of claimants in the Code.

(2)

The Corporation must—

(a)

make the Code accessible to claimants and members of the public generally; and

(b)

promote awareness of the Code among claimants and members of the public generally.

(3)

For the purposes of subsection (2), the Corporation must make the Code accessible, and promote awareness of the Code, in a variety of communications media and languages.

46 Application of Legislation Act 2012 to Code

The Code is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 46: replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

47 Amendments to Code

(1)

The Code may be amended by the Minister approving, by notice in the Gazette, 1 or more amendments to the Code proposed by the Minister or the Corporation.

(2)

Sections 42(2) to (5), 43, and 44 apply, with all necessary modifications, in relation to an amendment to the Code as if the amendment were the preparation of a draft Code.

(3)

However, those provisions do not apply to an amendment if—

(a)

the amendment is a minor or technical amendment; and

(b)

the Minister considers that compliance with those provisions is unnecessary.

Claims process

48 Person to lodge claim for cover and entitlement

A person who wishes to claim under this Act must lodge a claim with the Corporation for—

(a)

cover for his or her personal injury; or

(b)

cover, and a specified entitlement, for his or her personal injury; or

(c)

a specified entitlement for his or her personal injury, once the Corporation has accepted the person has cover for the personal injury.

Compare: 1998 No 114 s 54

49 Treatment provider lodging claim on behalf of person

A treatment provider lodging a claim under section 48 on behalf of a person must lodge the claim promptly with the Corporation after the person has authorised its being lodged.

Compare: 1998 No 114 s 57

50 Responsibilities of Corporation after claim lodged

(1)

On receiving a claim for cover under section 48 from a person, the Corporation must—

(a)

decide whether or not it accepts that the person has cover; and

(b)

if it accepts that the person has cover,—

(i)

provide information about the entitlements to which it considers the claimant may be entitled; and

(ii)

facilitate the claimant’s access to those entitlements.

(2)

If the claim is for cover for a treatment injury, the Corporation must provide the claimant with information on the role of the Health and Disability Commissioner under the Code of Health and Disability Services Consumers’ Rights.

Section 50(2): added, on 1 July 2005, by section 15 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

51 When claim is lodged and received

For all the purposes of this Act, a claim under section 48 is lodged and received on the date on which the Corporation receives a claim lodged in accordance with this Part.

Compare: 1998 No 114 s 58(1)

52 Manner of making claim

(1)

A person must lodge a claim with the Corporation in a manner specified by the Corporation.

(2)

The Corporation must specify a manner that it is reasonable to expect the person to comply with.

(3)

The Corporation may impose reasonable requirements on the person, such as, for example, requiring the person to lodge a written claim.

Compare: 1998 No 114 s 60

53 Time for making claim

(1)

A person must lodge a claim with the Corporation within the time limit specified in this section.

(2)

The Corporation must not decline a claim lodged after the time limit specified in this section on the ground that the claim was lodged late, unless the claim’s lateness prejudices the Corporation in its ability to make decisions.

(3)

A person must lodge a claim under section 48,—

(a)

in the case of a claim for cover, within 12 months after the date on which he or she suffers the personal injury; or

(b)

in the case of a claim for an entitlement, within 12 months after the date on which the need for the entitlement arose.

(4)

Despite subsection (3), if a claim is for a treatment injury, a person must lodge the claim under section 48,—

(a)

in the case of a claim for cover, within 12 months after the later of—

(i)

the date that the personal injury was first considered by a registered health professional to be a treatment injury; or

(ii)

the date that the person suffered the treatment injury (as determined under section 38):

(b)

in the case of a claim for an entitlement, within 12 months after the later of—

(i)

the date on which the need for the entitlement arose; or

(ii)

if the need for entitlement arose before the injury was diagnosed as being a treatment injury, and a claim for cover for that injury has been lodged with the Corporation, the date on which the Corporation accepted the claim for cover.

Compare: 1998 No 114 s 61(1)–(5)

Section 53(4): added, on 1 July 2005, by section 16 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

54 Responsibility of Corporation to make reasonable decisions in timely manner

The Corporation must make every decision on a claim on reasonable grounds, and in a timely manner, having regard to the requirements of this Act, the nature of the decision, and all the circumstances.

Compare: 1998 No 114 s 62

55 Responsibilities of claimant to assist in establishment of cover and entitlements

(1)

A person who lodges a claim under section 48 must, when reasonably required to do so by the Corporation,—

(a)

give the Corporation a certificate by a registered health professional that deals with the matters, and contains the information, that the Corporation requires:

(b)

give the Corporation any other relevant information that the Corporation requires:

(c)

authorise the Corporation to obtain medical and other records that are or may be relevant to the claim:

(d)

undergo a medical assessment by a registered health professional specified by the Corporation, at the Corporation’s expense:

(e)

undergo any other assessment at the Corporation’s expense.

(2)

Whenever reasonably requested to do so by the Corporation, a person who lodges a claim under section 48 must give the Corporation a statement in writing about any specified matters relating to the person’s eligibility, or continuing eligibility, for cover or an entitlement.

(3)

If the Corporation requires the person to do so, the person must make the statement referred to in subsection (2) as a statutory declaration or in a form supplied by the Corporation.

Compare: 1998 No 114 s 63

56 Steps Corporation takes to action claims for cover

(1)

This section applies to a claim for cover that is not a claim described in section 57 (complicated claims).

(2)

The Corporation must take the following steps as soon as practicable, and no later than 21 days, after the claim is lodged:

(a)

investigate the claim—

(i)

at its own expense; and

(ii)

to the extent reasonably necessary to enable it to take the following steps in this subsection; and

(b)

either—

(i)

make its decision on the claim and give notice of it under section 64; or

(ii)

decide that it cannot make its decision on the claim, or any other decision, without additional information, extend the time for making its decision, and tell the person making the claim about the extension.

(3)

Except where it decides under subsection (2)(b)(ii) that it needs additional information, section 58 applies if the Corporation does not make its decision within 21 days after the claim was lodged.

(4)

If subsection (2)(b)(ii) applies, the Corporation must take the following steps as soon as practicable:

(a)

make a reasonable request to the person, or decide to make a request to another person, for the additional information; and

(b)

if the Corporation makes a request to another person for the additional information, tell the person making the claim about the making of the request and its nature; and

(c)

make its decision on the claim and give notice of it under section 64.

(5)

In any case dealt with under subsection (4), the Corporation’s decision on the claim must be made within 4 months of the claim being lodged.

Compare: 1998 No 114 s 64

57 Steps Corporation takes to action complicated claims for cover

(1)

This section applies to a claim for cover—

(a)

for mental injury in the circumstances described in section 21 or 21B:

(b)

for personal injury caused by a work-related gradual process, disease, or infection:

(c)

for personal injury caused by treatment:

(d)

lodged outside the period stated in section 53.

(2)

The Corporation must take the following steps as soon as practicable, and no later than 2 months, after the claim is lodged:

(a)

investigate the claim—

(i)

at its own expense; and

(ii)

to the extent reasonably necessary to enable it to take the following steps in this subsection; and

(b)

either—

(i)

make its decision on the claim and give notice of it under section 64; or

(ii)

decide that it cannot make its decision on the claim, or any other decision, without additional information, and tell the person of the extension, which must not exceed 2 months, that will be required.

(3)

The Corporation must take the following steps as soon as practicable, and no later than the expiry of the extension:

(a)

make a reasonable request to the person, or decide to make a request to another person, for the additional information; and

(b)

if the Corporation proposes to make a request to another person for the additional information, tell the person making the claim about the making of the request and its nature; and

(c)

make its decision on the claim and give notice of it under section 64.

(4)

The Corporation and the person making the claim may agree to further extensions after the extension referred to in subsection (3), and that subsection applies to any further extension, but the Corporation’s decision on the claim must be made within 9 months of the claim being lodged.

(5)

If the Corporation finds that the claim is an uncomplicated claim under section 56, that section applies as if the claim were lodged on the date the Corporation made that finding.

Compare: 1998 No 114 s 65

Section 57(1)(a): amended, on 1 October 2008, by section 14 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 57(1)(c): amended, on 1 July 2005, by section 17 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

58 Effect of failure to meet time limits

(1)

When the Corporation fails to comply with a time limit under section 56 or section 57, whichever applies, the claimant is to be regarded as having a decision by the Corporation that he or she has cover for the personal injury in respect of which the claim was made.

(2)

When subsection (1) applies, the Corporation must tell the person that—

(a)

the time limit has expired without the Corporation having made a decision; and

(b)

the effect is that the claimant has a decision that the claimant has cover; and

(c)

the date of the decision is the date of the expiry of the time limit.

Compare: 1998 No 114 s 66

Decisions on cover and entitlements

59 Decision on cover independent of acceptance of levy

(1)

The fact that the Corporation accepts a levy does not of itself decide the question of whether or not a person has cover.

(2)

The question of whether or not a person has cover is determined by the provisions of this Act.

Compare: 1998 No 114 s 67

60 Decision on claim for Schedule 2 injury

The Corporation may decline a claim that a personal injury is a work-related personal injury of a kind described in section 30(3) only if the Corporation establishes that—

(a)

the person is not suffering from a personal injury of a kind described in Schedule 2; or

(b)

the person’s personal injury has a cause other than his or her employment.

Compare: 1998 No 114 s 68

61 Decision on claim for noise-induced hearing loss caused by work-related gradual process

(1)

When the Corporation determines cover for hearing loss caused by noise exposure within a person’s employment, the Corporation must assess the percentage of binaural hearing loss caused in these circumstances by applying the pure tone audiometry test and any other test that the Corporation considers to be appropriate for this purpose.

(2)

All tests under subsection (1) must be performed—

(a)

by a treatment provider who holds qualifications satisfactory to the Corporation; and

(b)

in accordance with any regulations made under this Act for this purpose.

Compare: 1998 No 114 s 69

62 Decision on claim for treatment injury

(1)

When investigating a claim for cover for a treatment injury, the Corporation may seek clinical advice if the Corporation considers the advice will assist it in determining the claim.

(2)

Subsection (1) does not prevent the Corporation from seeking advice in other situations.

(3)

Subsection (2) is for the avoidance of doubt.

Section 62: substituted, on 1 July 2005, by section 18 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

63 Corporation must tell claimant about review rights

The Corporation must tell the claimant that he or she has the right to apply for a review of any of the Corporation’s decisions on the claim, including a decision under section 58, and must do so at a time appropriate to enable the claimant to exercise the right.

Compare: 1998 No 114 s 71

64 Corporation must give notice of decisions

(1)

The Corporation must give notice of its decision on a claim to the claimant.

(2)

In the case of a claim for cover for a work-related personal injury to an employee, the Corporation must give notice of its decision on the claim for cover to every employer entitled to apply for a review of that decision.

(3)

[Repealed]

(4)

Every notice given under this section must—

(a)

be written; and

(b)

contain the reasons for the decision; and

(c)

give the claimant or other person information about his or her rights to apply for review, including details of the time available to do so and an explanation of when applications can be made outside that time.

Compare: 1998 No 114 s 72

Section 64(3): repealed, on 1 July 2005, by section 19 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

65 Corporation may revise decisions

(1)

If the Corporation considers it made a decision in error, it may revise the decision at any time, whatever the reason for the error.

(2)

The Corporation may revise a decision deemed by section 58 to have been made in respect of any claim for cover, but may not recover from the claimant any payments made by it, in respect of the claim, before the date of the revision unless the claimant has made statements or provided information to the Corporation that are, in the opinion of the Corporation, intentionally misleading.

(3)

A revision may—

(a)

amend the original decision; or

(b)

revoke the original decision and substitute a new decision.

(4)

Every amendment to a decision, and every substituted decision, is a fresh decision.

(5)

Sections 19 to 23 of the Crown Entities Act 2004 do not limit this section.

Compare: 1998 No 114 s 73(1)–(3)

Section 65(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

66 Corporation must keep claims files

The Corporation must keep every claim file for at least 10 years after the date of the latest action the Corporation has recorded on the claim.

Compare: 1998 No 114 s 74

Part 4 Entitlements and related matters

Entitlements

67 Who is entitled to entitlements

A claimant who has suffered a personal injury is entitled to 1 or more entitlements if he or she—

(a)

has cover for the personal injury; and

(b)

is eligible under this Act for the entitlement or entitlements in respect of the personal injury.

Compare: 1998 No 114 s 79

68 Corporation provides entitlements in accordance with this Act

(1)

The Corporation provides entitlements to claimants in accordance with this Act.

(2)

If any provision of this Act requires the Corporation to provide an entitlement (regardless of how that requirement is expressed), the Corporation is required to provide the entitlement only to the extent required by this Act.

(3)

However, the Corporation may, at its own discretion, provide an entitlement or a payment to a claimant if it is satisfied that—

(a)

the entitlement or payment could be provided but for a requirement in section 127(4) or section 129 or section 379(2), or in any of clauses 4, 13, 15, 17, 19(3)(e), 19(3)(i), 19(3)(j), 22(1), 22(2)(b), 22(2)(c), 22(2)(e), or 22(2)(f) of Schedule 1; and

(b)

the provision of the entitlement or payment would be consistent with the purpose of this Act.

(4)

The exercise of a discretion under subsection (3) is subject to section 134(1A).

Section 68: substituted, on 1 July 2005, by section 20(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

69 Entitlements provided under this Act

(1)

The entitlements provided under this Act are—

(a)

rehabilitation, comprising treatment, social rehabilitation, and vocational rehabilitation:

(b)

first week compensation:

(c)

weekly compensation:

(d)

lump sum compensation for permanent impairment:

(e)

funeral grants, survivors’ grants, weekly compensation for the spouse or partner, children and other dependants of a deceased claimant, and child care payments.

(2)

The entitlements provided under this Act also include the entitlements referred to in Parts 10 and 11.

Section 69(1)(e): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

70 Claimant’s and Corporation’s obligations in relation to rehabilitation

A claimant who has suffered personal injury for which he or she has cover—

(a)

is entitled to be provided by the Corporation with rehabilitation, to the extent provided by this Act, to assist in restoring the claimant’s health, independence, and participation to the maximum extent practicable; but

(b)

is responsible for his or her own rehabilitation to the extent practicable having regard to the consequences of his or her personal injury.

Compare: 1998 No 114 Schedule 1 cl 28

71 Employer’s obligations in relation to rehabilitation

(1)

This section applies to an employer if—

(a)

the Corporation decides, under section 86(2)(a), that it is reasonably practicable to return the claimant to the same employment in which the claimant was engaged, and with the employer who was employing the claimant, when the claimant’s incapacity commenced; and

(b)

the Corporation gives the employer notice, in writing, of the decision.

(2)

The employer must take all practicable steps to assist the claimant with the claimant’s vocational rehabilitation under his or her individual rehabilitation plan.

Responsibilities of claimant

72 Responsibilities of claimant who receives entitlement

(1)

A claimant who receives any entitlement must, when reasonably required to do so by the Corporation,—

(a)

give the Corporation a certificate by a registered health professional or treatment provider that deals with the matters and contains the information that the Corporation requires:

(b)

give the Corporation any other relevant information that the Corporation requires:

(c)

authorise the Corporation to obtain medical and other records that are or may be relevant to the claim:

(d)

undergo assessment by a registered health professional specified by the Corporation, at the Corporation’s expense:

(e)

undergo assessment, at the Corporation’s expense:

(f)

co-operate with the Corporation in the development and implementation of an individual rehabilitation plan:

(g)

undergo assessment of present and likely capabilities for the purposes of rehabilitation, at the Corporation’s expense:

(h)

participate in rehabilitation.

(2)

Every such claimant must give the Corporation a statement in writing about any matters relating to the claimant’s entitlement, or continuing entitlement, to an entitlement that the Corporation specifies, and must do so whenever the Corporation requires such a statement.

(3)

If the Corporation requires the claimant to do so, the claimant must make the statement referred to in subsection (2) as a statutory declaration or in a form supplied by the Corporation.

Compare: 1998 No 114 s 115

Treatment

73 Payment of treatment providers for acute treatment

(1)

In this section, treatment means treatment that—

(a)

is treatment of a type that the Corporation is liable to provide under this Act; and

(b)

is acute treatment; and

(c)

is not a public health acute service.

(2)

A claimant is not liable to pay that part of the treatment provider’s fee that is an entitlement.

(3)

A treatment provider who wishes to seek payment of the part of the fee that is an entitlement must seek it—

(a)

from the person specified in arrangements the treatment provider has made for being paid for treating people suffering personal injury covered by this Act; or

(b)

if the treatment provider has not made any such arrangements, from the Corporation.

Compare: 1998 No 114 s 80

74 Limits on treatment providers in decisions on acute treatment

(1)

A treatment provider to whom a claimant presents for treatment may exercise the clinical judgment described in section 7(b) as to the urgency of the need for the treatment only if he or she is a treatment provider of a type appropriately qualified to make a clinical judgment of that kind.

(2)

A treatment provider qualified as required by subsection (1) who makes a clinical judgment that treatment requires an acute admission must ensure that the treatment is provided by—

(a)

a publicly funded provider; or

(b)

if the Corporation gives its prior agreement, a provider that is not a publicly funded provider; or

(c)

if, for reasons of clinical safety, treatment by a publicly funded provider is not practicable, a provider that is not a publicly funded provider.

(3)

A treatment provider who is not qualified as required by subsection (1) must refer the claimant to a treatment provider who is so qualified, and the visit to that treatment provider, on referral, is also regarded as acute treatment.

(4)

For the purposes of subsection (2),—

acute admission means an admission within 7 days of the making of the decision to admit unless otherwise specified in regulations

publicly funded provider means a provider that, for the time being, is funded by a district health board or the Minister of Health to provide public health acute services.

Compare: 1998 No 114 s 81

Individual rehabilitation plan

75 Corporation to determine need for rehabilitation plan

Within 13 weeks after the Corporation accepts the claimant’s claim for cover, the Corporation—

(a)

must—

(i)

determine whether the claimant is likely to need social or vocational rehabilitation after the 13 weeks have ended; and

(ii)

if so, prepare an individual rehabilitation plan in consultation with the claimant; and

(b)

may include in the plan provision for treatment.

Compare: 1998 No 114 Schedule 1 cl 30

76 Provision of rehabilitation before and after individual rehabilitation plan agreed

(1)

Before an individual rehabilitation plan for the claimant is agreed, the Corporation is liable to provide the claimant with—

(a)

social rehabilitation that the Corporation considers suitable for the claimant and necessary in the circumstances, having regard to the purpose in section 79; and

(b)

vocational rehabilitation that the Corporation considers suitable for the claimant and appropriate in the circumstances, having regard to the purpose in section 80.

(2)

The Corporation may provide rehabilitation under subsection (1) before—

(a)

any assessment of the claimant is undertaken or completed for the purposes of this Part; or

(b)

starting or concluding its consideration of the matters specified in section 87(1).

(3)

To avoid doubt, subsections (1) and (2) do not prevent the provision of treatment before an individual rehabilitation plan is agreed.

(4)

After an individual rehabilitation plan for the claimant is agreed, the Corporation is liable to provide the claimant with rehabilitation in accordance with the plan and Schedule 1, but only to the extent that the Corporation has specified which services it will provide under the plan.

Compare: 1998 No 114 Schedule 1 cl 29

77 Assessment of needs and content of plan

(1)

In preparing an individual rehabilitation plan, the Corporation must assess the claimant’s needs for rehabilitation having regard to the purposes in sections 79 and 80.

(2)

An individual rehabilitation plan must—

(a)

identify the claimant’s needs for rehabilitation; and

(b)

identify the assessments to be done; and

(c)

identify services appropriate to those needs, whether or not the Corporation is liable to provide any or all of those services; and

(d)

specify which of the services identified under paragraph (c) that the Corporation will provide, pay for, or contribute to.

(3)

For the purposes of subsection (2)(a), the Corporation must assess a claimant’s needs for—

(a)

social rehabilitation under section 84 and clauses 13 to 23 of Schedule 1; and

(b)

for vocational rehabilitation under sections 89 to 96.

(4)

However, the Corporation is not required to assess a claimant’s needs under subclause (3)(b) if the claimant’s needs are solely related to maintaining employment.

Compare: 1998 No 114 Schedule 1 cl 31

78 Individual rehabilitation plan must be updated

An individual rehabilitation plan must be updated from time to time to reflect the outcome of assessments done and progress made under the plan.

79 Purpose of social rehabilitation

The purpose of social rehabilitation is to assist in restoring a claimant’s independence to the maximum extent practicable.

Compare: 1998 No 114 Schedule 1 cl 38

80 Purpose of vocational rehabilitation

(1)

The purpose of vocational rehabilitation is to help a claimant to, as appropriate,—

(a)

maintain employment; or

(b)

obtain employment; or

(c)

regain or acquire vocational independence.

(2)

Without limiting subsection (1), the provision of vocational rehabilitation includes the provision of activities for the purpose of maintaining or obtaining employment that is—

(a)

suitable for the claimant; and

(b)

appropriate for the claimant’s levels of training and experience.

Compare: 1998 No 114 Schedule 1 cl 54

Social rehabilitation

81 Corporation’s liability to provide key aspects of social rehabilitation

(1)

In this section, key aspect of social rehabilitation means any of the following:

(a)

aids and appliances:

(b)

attendant care:

(c)

child care:

(d)

education support:

(e)

home help:

(f)

modifications to the home:

(g)

training for independence:

(h)

transport for independence.

(2)

Terms in subsection (1)(a), (b), and (d) to (h) have the same meaning as in clause 12 of Schedule 1.

(3)

The Corporation is liable to provide a key aspect of social rehabilitation to a claimant—

(a)

if the conditions in subsection (4) are met; but

(b)

not earlier than a date determined in accordance with section 83.

(4)

The conditions are—

(a)

a claimant is assessed or reassessed under section 84 as needing the key aspect; and

(b)

the provision of the key aspect is in accordance with the Corporation’s assessment of it under whichever of clauses 13 to 22 of Schedule 1 are relevant; and

(c)

the Corporation considers that the key aspect—

(i)

is required as a direct consequence of the personal injury for which the claimant has cover; and

(ii)

is for the purpose set out in section 79; and

(iii)

is necessary and appropriate, and of the quality required, for that purpose; and

(iv)

is of a type normally provided by a rehabilitation provider; and

(d)

the provision of the key aspect has been agreed in the claimant’s individual rehabilitation plan, if a plan has been agreed.

(5)

This clause is subject to any regulations made under section 324.

Compare: 1998 No 114 Schedule 1 cl 39

82 Corporation may provide other social rehabilitation

(1)

The Corporation may provide any other social rehabilitation if—

(a)

it is required as a direct consequence of the personal injury for which the claimant has cover; and

(b)

a claimant is assessed or reassessed under section 84 as needing it; and

(c)

the Corporation considers that it—

(i)

is for the purpose set out in section 79; and

(ii)

is necessary and appropriate, and of the quality required, for that purpose; and

(iii)

is of a type normally provided by a rehabilitation provider; and

(d)

its provision has been agreed in the claimant’s individual rehabilitation plan, if a plan has been agreed.

(2)

This clause is subject to any regulations made under sections 324 and 325.

Compare: 1998 No 114 Schedule 1 cl 40

83 Date of entitlement to social rehabilitation

(1)

This section applies to the provision of social rehabilitation that the Corporation—

(a)

is liable to provide under section 81; or

(b)

has decided to provide under section 82.

(2)

The Corporation must provide social rehabilitation on the later of the following:

(a)

the date on which the application for the social rehabilitation is made:

(b)

if the need for the social rehabilitation is assessed to arise after the date of the application, the date when it is assessed to arise.

(3)

However, if the Corporation considers that, in the claimant’s circumstances, it would be unreasonable for the claimant to have made an earlier application, it may begin providing social rehabilitation on and from another date it considers reasonable to the claimant.

(4)

Subsection (3) does not entitle a claimant to entitlements that the claimant would not have been entitled to had the application been made earlier.

84 Assessment and reassessment of need for social rehabilitation

(1)

An assessment under this section assesses a claimant’s need for social rehabilitation and identifies the specific social rehabilitation that the claimant needs.

(2)

The Corporation may—

(a)

do assessments and reassessments, itself, by using appropriately qualified assessors employed by the Corporation; or

(b)

appoint and pay as many appropriately qualified assessors as it considers necessary to do assessments and reassessments; or

(c)

both.

(3)

A claimant’s need for social rehabilitation—

(a)

may be reassessed from time to time; and

(b)

must be reassessed if the Corporation considers that the claimant’s condition or circumstances have changed.

(4)

The matters to be taken into account in an assessment or reassessment include—

(a)

the level of independence a claimant had before suffering the personal injury:

(b)

the level of independence a claimant has after suffering the personal injury:

(c)

the limitations suffered by a claimant as a result of the personal injury:

(d)

the kinds of social rehabilitation that are appropriate for a claimant to minimise those limitations:

(e)

the rehabilitation outcome that would be achieved by providing particular social rehabilitation:

(f)

the alternatives and options available for providing particular social rehabilitation so as to achieve the relevant rehabilitation outcome in the most cost effective way:

(g)

any social rehabilitation (not provided as vocational rehabilitation) that may reasonably be provided to enable a claimant who is entitled to vocational rehabilitation to participate in employment:

(h)

the geographical location in which a claimant lives:

(i)

in the case of a reassessment,—

(i)

whether any item that the Corporation provided for the purposes of social rehabilitation is in such a condition as to need replacing:

(ii)

changes in the claimant’s condition or circumstances since the last assessment was undertaken.

(5)

The Corporation must provide to an assessor (whether employed or appointed by the Corporation) all information the Corporation has that is relevant to the assessment.

Compare: 1998 No 114 Schedule cl 41

Vocational rehabilitation

85 Corporation liable to provide vocational rehabilitation

(1)

The Corporation is liable to provide vocational rehabilitation to a claimant who—

(a)

has suffered personal injury for which he or she has cover; and

(b)

is—

(i)

entitled to weekly compensation; or

(ii)

likely, unless he or she has vocational rehabilitation, to be entitled to weekly compensation; or

(iii)

on parental leave.

(2)

Despite subsection (1)(b)(i), the Corporation is liable to provide vocational rehabilitation to a person who was entitled to weekly compensation and who would, but for clause 52 of Schedule 1 (relationship between weekly compensation and New Zealand superannuation), continue to be entitled to weekly compensation.

Compare: 1998 No 114 Schedule 1 cl 53

Section 85(2): added, on 1 October 2008, by section 15 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

86 Matters to be considered in deciding whether to provide vocational rehabilitation

(1)

In deciding whether to provide vocational rehabilitation, the Corporation must have regard to the matters in section 87.

(2)

In deciding what vocational rehabilitation is appropriate for the claimant to achieve the purpose of vocational rehabilitation under section 80,—

(a)

the Corporation must consider whether it is reasonably practicable to return the claimant to the same employment in which the claimant was engaged, and with the employer who was employing the claimant, when the claimant’s incapacity commenced; and

(b)

if it is not, the Corporation must consider the following matters:

(i)

whether it is reasonably practicable to return the claimant to an employment of a different kind with that employer:

(ii)

whether it is reasonably practicable to return the claimant to the employment in which the claimant was engaged when the claimant’s incapacity commenced, but with a different employer:

(iii)

whether it is reasonably practicable to return the claimant to a different employment with a different employer, in which the claimant is able to use his or her experience, education, or training:

(iv)

whether it is reasonably practicable to help the claimant use as many of his or her pre-injury skills as possible to obtain employment.

Compare: 1998 No 114 Schedule 1 cl 55

87 Further matters to be considered in deciding whether to provide vocational rehabilitation

(1)

In deciding whether to provide vocational rehabilitation, the Corporation must have regard to—

(a)

whether the vocational rehabilitation is likely to achieve its purpose under the claimant’s individual rehabilitation plan; and

(b)

whether the vocational rehabilitation is likely to be cost-effective, having regard to the likelihood that costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and

(c)

whether the vocational rehabilitation is appropriate in the circumstances.

(2)

The Corporation must provide the vocational rehabilitation for the minimum period necessary to achieve its purpose, but must not provide any vocational rehabilitation for longer than 3 years (which need not be consecutive).

(2A)

Subsection (2) is subject to subsection (2B).

(2B)

Despite subsection (2), the Corporation may, at its discretion, provide vocational rehabilitation for longer than 3 years if the Corporation considers that—

(a)

the vocational rehabilitation would be likely to achieve its purpose under the claimant’s individual rehabilitation plan; and

(b)

the vocational rehabilitation would be likely to be cost-effective, having regard to the likelihood that costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and

(c)

the vocational rehabilitation would be appropriate in the circumstances.

(2C)

However, despite subsections (1)(b) and (2B)(b), the Corporation must not take into account as a factor against providing vocational rehabilitation that the claimant is, or may become, a person to whom clause 52 of Schedule 1 (relationship between weekly compensation and New Zealand superannuation) applies.

(3)

This section is subject to any regulations made under section 324.

Compare: 1998 No 114 Schedule 1 cl 56

Section 87(2): substituted, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 87(2A): inserted, on 1 October 2008, by section 16 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 87(2B): inserted, on 1 October 2008, by section 16 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 87(2C): inserted, on 1 October 2008, by section 16 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

88 Vocational rehabilitation may start or resume if circumstances change

(1)

The Corporation may, at any time, decide whether or not there has been a change of circumstances affecting the claimant’s need for vocational rehabilitation.

(2)

If the Corporation decides that there has been such a change, the Corporation and the claimant may agree to the modification of the claimant’s individual rehabilitation plan to reflect the changed circumstances.

(3)

The Corporation may resume providing vocational rehabilitation under the claimant’s individual rehabilitation plan, with any agreed modifications, to a claimant who—

(a)

had vocational rehabilitation; and

(b)

as a result, obtained employment; but

(c)

is unable to maintain the employment because of his or her incapacity.

(4)

This section is subject to section 87(2) and (3).

Compare: 1998 No 114 Schedule 1 cl 57

89 Assessment of claimant’s vocational rehabilitation needs

An assessment of a claimant’s vocational rehabilitation needs must consist of—

(a)

an initial occupational assessment to identify the types of work that may be appropriate for the claimant; and

(b)

an initial medical assessment to determine whether the types of work identified under paragraph (a) are, or are likely to be, medically sustainable for the claimant.

90 Occupational assessor

An occupational assessment must be undertaken by an assessor whom the Corporation considers has the appropriate qualifications and experience to do the assessment required in the particular case.

Compare: 1998 No 114 s 95

91 Conduct of initial occupational assessment

(1)

An occupational assessor undertaking an initial occupational assessment must—

(a)

take into account information provided by the Corporation and the claimant; and

(b)

discuss with the claimant all the types of work that are available in New Zealand and suitable for the claimant; and

(c)

consider any comments the claimant makes to the assessor about those types of work.

(1A)

In considering the suitability of the types of work referred to in subsection (1)(b), the occupational assessor may take into account, among other things, the claimant’s earnings before the claimant’s incapacity.

(2)

The Corporation must provide to an occupational assessor all information the Corporation has that is relevant to an initial occupational assessment.

Compare: 1998 No 114 s 96

Section 91(1A): inserted, on 1 October 2008, by section 17 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 91(1A): amended, on 1 July 2010, by section 11 of the Accident Compensation Amendment Act 2010 (2010 No 1).

92 Report on initial occupational assessment

(1)

The occupational assessor must prepare and provide to the Corporation a report on the initial occupational assessment.

(2)

The report must—

(a)

identify the types of work for the purposes of section 89(a); and

(b)

take into account the information, discussions, and comments referred to in section 91(1).

(3)

The Corporation must provide a copy of the report to the claimant and the medical assessor.

Compare: 1998 No 114 s 97

93 Medical assessor

(1)

A medical assessment must be undertaken by a medical practitioner who is described in subsection (2) or subsection (3).

(2)

A medical practitioner who provides general medical services must also—

(a)

have an interest, and proven work experience, in disability management in the workplace or in occupational rehabilitation; and

(b)

have at least 5 years’ experience in general practice; and

(c)

meet at least 1 of the following criteria:

(i)

be a Fellow of the Royal New Zealand College of General Practitioners or hold an equivalent qualification:

(ii)

be undertaking training towards becoming a Fellow of the Royal New Zealand College of General Practitioners or holding an equivalent qualification:

(iii)

have undertaken relevant advanced training.

(3)

A medical practitioner who does not provide general medical services must—

(a)

have an interest, and proven work experience, in disability management in the workplace or in occupational rehabilitation; and

(b)

be a member of a recognised college.

Section 93: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

94 Assessments when medical assessor unavailable

(1)

A medical practitioner who does not qualify under section 93 may undertake a medical assessment if the Corporation is satisfied that—

(a)

the circumstances in subsection (2) exist; and

(b)

the medical practitioner’s qualifications and experience are broadly comparable with the qualifications and experience specified in section 93.

(2)

The circumstances are that—

(a)

a medical practitioner who does qualify under section 93 is not available to undertake a medical assessment without unreasonable delay or unreasonable inconvenience to the claimant; and

(b)

the delay or inconvenience would have an adverse effect on providing vocational rehabilitation to the claimant.

(3)

Sections 95 and 96 apply to a medical practitioner who qualifies under this section to undertake a medical assessment.

Section 94(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 94(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 94(2)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 94(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

95 Conduct of initial medical assessment

(1)

A medical assessor undertaking an initial medical assessment must take into account—

(a)

information provided to the assessor by the Corporation; and

(b)

any of the following reports, information, or comments provided to the assessor:

(i)

medical reports requested by the Corporation before the individual rehabilitation plan was prepared:

(ii)

any other relevant medical reports; and

(c)

the report of the occupational assessor on the initial occupational assessment; and

(d)

the medical assessor’s clinical examination of the claimant; and

(e)

any other information or comments that the claimant requests the medical assessor to take into account and that the medical assessor decides are relevant.

(2)

The medical assessor must also take into account any condition suffered by the claimant that is not related to the claimant’s personal injury.

(3)

The Corporation must provide to a medical assessor all information the Corporation has that is relevant to an initial medical assessment.

Compare: 1998 No 114 s 99

96 Report on initial medical assessment

(1)

The medical assessor must prepare and provide to the Corporation a report on the initial medical assessment.

(2)

The report must—

(a)

contain the determination required by section 89(b); and

(b)

take into account the matters referred to in section 95.

(3)

The Corporation must provide a copy of the report to the claimant.

Compare: 1998 No 114 s 100

Employer’s duty to pay first week compensation

97 Employee’s right to receive first week compensation

(1)

First week compensation for loss of earnings is payable to a claimant who—

(a)

has an incapacity resulting from—

(i)

a work-related personal injury for which he or she has cover; or

(ii)

a motor vehicle injury to which section 29(2) applies, being a motor vehicle injury that is also a work-related personal injury; and

(b)

was an employee immediately before his or her incapacity commenced.

(2)

The compensation payable is 80% of the amount of earnings as an employee lost by the employee, as a result of the incapacity, during the first week of incapacity.

(3)

For the purposes of this section, there is a presumption that the earnings the claimant loses as a result of the incapacity is the difference between—

(a)

the claimant’s earnings in the 7 days before his or her incapacity commenced; and

(b)

the claimant’s earnings in the first week of incapacity.

(4)

The presumption can be rebutted by proof to the contrary.

Compare: 1998 No 114 s 76

98 Employer’s duty to pay first week compensation

(1)

The employer in whose employment the claimant suffered the work-related personal injury or the motor vehicle injury referred to in section 97(1)(a)(ii) is liable to pay all the first week compensation to which the claimant is entitled.

(2)

Before paying first week compensation, the employer may require the employee to meet reasonable requirements as to the production of evidence of the personal injury such as, for example, the production of a certificate by a registered health professional nominated and paid by the employer.

(3)

An employer who fails to comply with subsection (1) commits an offence.

Compare: 1998 No 114 s 77

99 First week compensation is salary or wages for certain purposes

First week compensation is salary or wages payable to the employee for the purposes of—

(a)

section 131 of the Employment Relations Act 2000:

(d)

this Act:

(e)

the laws relating to insolvency, receivership, and the liquidation of companies.

Compare: 1998 No 114 s 78

Section 99(b): 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).

Weekly compensation

100 Entitlement to weekly compensation depends on claimant’s incapacity for employment and vocational independence

(1)

A claimant who has cover and who lodges a claim for weekly compensation—

(a)

is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 103(2) and the claimant is eligible under clause 32 or clause 44 of Schedule 1 for weekly compensation:

(b)

is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 103(2) and the claimant is eligible under section 210 for weekly compensation:

(c)

is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 105(2) and if the claimant is eligible under section 224 or clause 43 of Schedule 1 for weekly compensation:

(d)

is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 105(2) and if the claimant is eligible under clause 47 of Schedule 1 for weekly compensation.

(2)

While a claimant is receiving weekly compensation,—

(a)

section 103 or section 105, as the case may be, continues to apply to the claimant; and

(b)

the Corporation may from time to time determine the claimant’s incapacity under section 103 or section 105, as the case may require; and

(c)

section 107 also applies to the claimant; and

(d)

the Corporation may from time to time determine the claimant’s vocational independence under section 107.

(3)

The claimant may lose his or her entitlement to weekly compensation through the operation of sections 103 to 112.

Compare: 1998 No 114 s 82

101 Procedures for determining incapacity for employment and vocational independence

(1)

When the Corporation is required or allowed by this Act to determine a claimant’s incapacity for employment, it must do so under section 103 or section 105.

(2)

When the Corporation is required or allowed by this Act to determine a claimant’s vocational independence, it must do so under sections 107 to 110 and clauses 24 to 29 of Schedule 1.

Compare: 1998 No 114 s 83

Incapacity for employment

102 Procedure in determining incapacity under section 103 or section 105

(1)

The Corporation may determine any question under section 103 or section 105 from time to time.

(2)

In determining any such question, the Corporation—

(a)

must consider an assessment undertaken by a medical practitioner or nurse practitioner; and

(b)

may obtain any professional, technical, specialised, or other advice from any person it considers appropriate.

Compare: 1998 No 114 s 84

Section 102(2)(a): amended, on 1 August 2008, by section 18 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 102(2)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

103 Corporation to determine incapacity of claimant who, at time of personal injury, was earner or on unpaid parental leave

(1)

The Corporation must determine under this section the incapacity of—

(a)

a claimant who was an earner at the time he or she suffered the personal injury:

(b)

a claimant who was on unpaid parental leave at the time he or she suffered the personal injury.

(2)

The question that the Corporation must determine is whether the claimant is unable, because of his or her personal injury, to engage in employment in which he or she was employed when he or she suffered the personal injury.

(3)

If the answer under subsection (2) is that the claimant is unable to engage in such employment, the claimant is incapacitated for employment.

(4)

The references in subsections (1) and (2) to a personal injury are references to a personal injury for which the person has cover under this Act.

(5)

Subsection (4) is for the avoidance of doubt.

Compare: 1998 No 114 s 85

Section 103 heading: amended, on 11 May 2005, by section 21(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 103(4): added, on 11 May 2005, by section 21(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 103(5): added, on 11 May 2005, by section 21(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

104 Effect of determination under section 103 on entitlement to weekly compensation

If the Corporation determines under section 103(2) that the claimant is not incapacitated for employment—

(a)

a claimant who is receiving weekly compensation for loss of earnings from employment—

(i)

loses that entitlement immediately; and

(ii)

cannot be subject to a determination under section 107 in respect of that incapacity:

(b)

a claimant who is not receiving weekly compensation for loss of earnings from employment is not entitled to begin receiving it.

Compare: 1998 No 114 s 86

105 Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in employment, were potential earners, or had purchased weekly compensation under section 223

(1)

The Corporation must determine under this section the incapacity of a claimant who—

(a)

is deemed under clause 43 of Schedule 1 to continue to be an employee, a self-employed person, or a shareholder-employee, as the case may be; or

(b)

is a potential earner; or

(c)

has purchased the right to receive weekly compensation under section 223.

(2)

The question that the Corporation must determine is whether the claimant is unable, because of his or her personal injury, to engage in work for which he or she is suited by reason of experience, education, or training, or any combination of those things.

(3)

The references in subsection (2) to a personal injury are references to a personal injury for which the person has cover under this Act.

(4)

Subsection (3) is for the avoidance of doubt.

Compare: 1998 No 114 s 87

Section 105 heading: substituted, on 1 August 2008, by section 19(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 105(1)(a): amended, on 1 August 2008, by section 19(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 105(3): added, on 11 May 2005, by section 22 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 105(4): added, on 11 May 2005, by section 22 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

106 Effect of determination under section 105 on entitlement to weekly compensation

If the Corporation determines under section 105(2) that the claimant is able to engage in work for which he or she is suited by reason of experience, education, or training, or any combination of those things,—

(a)

a claimant who is receiving weekly compensation—

(i)

loses that entitlement immediately; and

(ii)

cannot be subject to a determination under section 107:

(b)

a claimant who is not receiving weekly compensation is not entitled to begin receiving it.

Compare: 1998 No 114 s 88

Vocational independence

107 Corporation to determine vocational independence

(1)

The Corporation may determine the vocational independence of—

(a)

a claimant who is receiving weekly compensation:

(b)

a claimant who may have an entitlement to weekly compensation.

(2)

The Corporation determines a claimant’s vocational independence by requiring the claimant to participate in an assessment carried out—

(a)

for the purpose in subsection (3); and

(b)

in accordance with sections 108 to 110 and clauses 24 to 29 of Schedule 1; and

(c)

at the Corporation’s expense.

(3)

The purpose of the assessment is to ensure that comprehensive vocational rehabilitation, as identified in a claimant’s individual rehabilitation plan, has been completed and that it has focused on the claimant’s needs, and addressed any injury-related barriers, to enable the claimant—

(a)

to maintain or obtain employment; or

(b)

to regain or acquire vocational independence.

108 Assessment of claimant’s vocational independence

(1)

An assessment of a claimant’s vocational independence must consist of—

(a)

an occupational assessment under clause 25 of Schedule 1; and

(b)

a medical assessment under clause 28 of Schedule 1.

(2)

The purpose of an occupational assessment is to—

(a)

consider the progress and outcomes of vocational rehabilitation carried out under the claimant’s individual rehabilitation plan; and

(b)

consider whether the types of work (whether available or not) identified in the claimant’s individual rehabilitation plan are still suitable for the claimant because they match the skills that the claimant has gained through education, training, or experience.

(3)

The purpose of a medical assessment is to provide an opinion for the Corporation as to whether, having regard to the claimant’s personal injury, the claimant has the capacity to undertake any type of work identified in the occupational assessment and reflected in the claimant’s individual rehabilitation plan.

Compare: 1998 No 114 s 94

109 When claimant’s vocational independence to be assessed

(1)

The Corporation may determine the claimant’s vocational independence at such reasonable intervals as the Corporation considers appropriate.

(2)

However, the Corporation must determine the claimant’s vocational independence again if—

(a)

the Corporation has previously determined that the claimant had—

(i)

vocational independence under this section; or

(ii)

a capacity for work under section 89 of the Accident Insurance Act 1998; or

(iii)

a capacity for work under section 51 of the Accident Rehabilitation and Compensation Insurance Act 1992; and

(b)

the Corporation believes, or has reasonable grounds for believing, that the claimant’s vocational independence or capacity for work may have deteriorated due to the injuries that were assessed in the previous vocational independence or capacity for work assessment.

(3)

The claimant may give the Corporation information to assist the Corporation to reach a belief under subsection (2)(b).

Compare: 1998 No 114 s 89

Section 109(2)(b): amended, on 11 May 2005, by section 23 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

110 Notice to claimant in relation to assessment of vocational independence

(1)

The Corporation must give written notice to a claimant required by the Corporation to participate in an assessment of his or her vocational independence.

(2)

The notice must—

(a)

state the purpose, nature, and effect of the assessment; and

(b)

state that the claimant is required to participate in the assessment; and

(c)

state the consequences of not doing so; and

(d)

state the claimant’s right to be accompanied by another person during the assessment.

(3)

The Corporation must not require the claimant to participate in an assessment—

(a)

unless the claimant is likely to achieve vocational independence; and

(b)

until the claimant has completed any vocational rehabilitation that the Corporation was liable to provide under his or her individual rehabilitation plan.

Compare: 1998 No 114 s 93

111 How determination that claimant has vocational independence is to be regarded

If the Corporation determines under section 107 that a claimant has vocational independence, the determination is to be regarded as—

(a)

a determination under section 103 that the claimant no longer has an incapacity for employment, in relation to a claimant to whom that section applies, but section 112 applies instead of section 104(a)(i); or

(b)

a determination under section 105 that the claimant is able to engage in work for which he or she is suited by reason of experience, education, or training, or any combination of those things, in relation to a claimant to whom that section applies, but section 112 applies instead of section 106(a)(i).

Compare: 1998 No 114 s 90

112 Claimant with vocational independence loses entitlement to weekly compensation

If the Corporation determines under section 107 that a claimant has vocational independence, the claimant loses his or her entitlement to weekly compensation 3 months after the date on which he or she is notified of the determination.

Compare: 1998 No 114 s 91

113 Claimant who no longer has vocational independence regains entitlement to weekly compensation

(1)

If the Corporation determines under section 109 that a claimant no longer has vocational independence, the claimant regains his or her entitlement to weekly compensation, and the regained entitlement starts from the date of the determination or an earlier date determined by the Corporation.

(2)

On regaining entitlement to weekly compensation, the claimant is entitled to it at the higher of the following rates:

(a)

the rate of compensation to which the claimant was entitled when he or she lost the entitlement, adjusted for the intervening period in the manner provided in section 115; or

(b)

the rate of compensation to which the claimant is entitled under Part 2 of Schedule 1, calculated at the time that he or she regains the entitlement.

Compare: 1998 No 114 s 92

Section 113(1): amended, on 22 October 2003, by section 3 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003 (2003 No 80).

Interest on late payments of weekly compensation

114 Payment of interest when Corporation makes late payment of weekly compensation

(1)

The Corporation is liable to pay interest on any payment of weekly compensation to which the claimant is entitled, if the Corporation has not made the payment within 1 month after the Corporation has received all information necessary to enable the Corporation to calculate and make the payment.

(2)

The Corporation is liable to pay the interest—

(a)

at the rate for the time being prescribed by, or for the purposes of, section 87 of the Judicature Act 1908; and

(b)

from the date on which payment should have been made to the date on which it is made.

Compare: 1998 No 114 s 101

Indexation of weekly compensation and related amounts

115 Indexation of weekly compensation and related amounts

(1)

The Corporation must adjust the following amounts in the manner specified in subsection (2):

(a)

the amount of weekly compensation, but not weekly compensation based on minimum weekly earnings as determined under clause 42(3) of Schedule 1:

(b)

the weekly amounts specified in clauses 46 and 51 of Schedule 1.

(2)

Any adjustments required by subsection (1)—

(a)

must be in accordance with a prescribed formula or prescribed formulas relating to movements in average weekly earnings; and

(b)

have effect from the prescribed date or dates; and

(c)

must be published by the Corporation in such manner as it thinks appropriate to bring the adjustments to the attention of claimants and the general public.

(3)

The Corporation is not required to adjust any amount under subsection (1) if—

(a)

the prescribed formula specifies a minimum movement in the average weekly earnings; and

(b)

the movement in the average weekly earnings is less than the minimum movement specified.

Compare: 1998 No 114 s 102

Indexation of other entitlements

116 Indexation of lump sum compensation, funeral grant, survivor’s grant, and child care payments

(1)

The Corporation must adjust the amounts specified in clauses 56, 64, 65, and 76 of Schedule 1 in the manner specified in subsection (2).

(2)

Any adjustments required by subsection (1) must—

(a)

be in accordance with a prescribed formula or prescribed formulas relating to movements in the Consumer Price Index; and

(b)

have effect from the prescribed date or dates; and

(c)

must be published by the Corporation in such manner as it thinks appropriate to bring the adjustments to the attention of claimants and the general public.

(3)

The Corporation is not required to adjust any amount under subsection (1) if—

(a)

the prescribed formula specifies a minimum movement in the Consumer Price Index; and

(b)

the movement in the Consumer Price Index is less than the minimum movement specified.

Compare: 1998 No 114 s 103

Powers of Corporation

117 Corporation may suspend, cancel, or decline entitlements

(1)

The Corporation may suspend or cancel an entitlement if it is not satisfied, on the basis of the information in its possession, that a claimant is entitled to continue to receive the entitlement.

(2)

The Corporation must give the claimant written notice of the proposed suspension or cancellation within a reasonable period before the proposed starting date.

(3)

The Corporation may decline to provide any entitlement for as long as the claimant unreasonably refuses or unreasonably fails to—

(a)

comply with any requirement of this Act relating to the claimant’s claim; or

(b)

undergo medical or surgical treatment for his or her personal injury, being treatment that the claimant is entitled to receive; or

(c)

agree to, or comply with, an individual rehabilitation plan.

(3A)

If the Corporation declines, under subsection (3), to provide an entitlement for any period, the Corporation must start providing the entitlement again if satisfied that—

(a)

subsection (3) no longer applies to the claimant; and

(b)

the claimant is eligible to the entitlement.

(3B)

The Corporation is not required to make any payment of the entitlement for the period during which it was declined under subsection (3), even though it may have started providing the entitlement again under subsection (3A). However, the Corporation may make such payment if the Corporation believes that—

(a)

exceptional circumstances exist; and

(b)

it would be inequitable to refuse to do so.

(3C)

An entitlement that has been declined for any period under subsection (3) must be provided by the Corporation, with effect from the beginning of that period, if—

(a)

the Corporation’s decision to decline to provide the entitlement for that period is—

(i)

revised under section 65; or

(ii)

quashed on review or appeal; and

(b)

the claimant was otherwise entitled to receive the entitlement for that period.

(4)

This section does not limit or affect any other power of the Corporation to decline or end an entitlement.

Compare: 1998 No 114 s 116

Section 117(3A): inserted, on 1 July 2005, by section 24 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 117(3B): inserted, on 1 July 2005, by section 24 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 117(3C): inserted, on 1 July 2005, by section 24 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Disentitlements

118 Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection

(1)

The Corporation must not provide a claimant with entitlements for personal injury caused by a work-related gradual process, disease, or infection, if—

(a)

subsections (2) and (3) apply to the claimant; or

(b)

subsections (2) and (4) apply to the claimant; or

(c)

subsections (2) and (5) apply to the claimant.

(2)

This subsection applies to a claimant who suffered the personal injury because, before 1 April 1974, he or she performed a task, or was employed in an environment, in the circumstances described in section 30(2).

(3)

This subsection applies to a claimant who—

(a)

commenced, before 1 April 1993, any proceedings relating to his or her personal injury, other than under this Act; and

(b)

has received or is entitled to receive a sum of money, irrespective of the amount, as a result of the proceedings.

(4)

This subsection applies to a claimant who has received, other than under subsection (3), a sum of money, irrespective of the amount, by way of damages, compensation, or settlement of any claim for his or her personal injury, other than under this Act.

(5)

This subsection applies to a claimant who—

(a)

commenced, before 1 April 1993, any proceedings relating to his or her personal injury, other than under this Act; and

(b)

has not discontinued the proceedings; and

(c)

is entitled, because of section 318(3), to complete the proceedings.

Compare: 1998 No 114 s 119

Section 118(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

119 Disentitlement for wilfully self-inflicted personal injuries and suicide

(1)

The Corporation must not provide any entitlements under Schedule 1 for any of the following:

(a)

a personal injury that a claimant wilfully inflicts on himself or herself, or, with intent to injure himself or herself, causes to be inflicted upon himself or herself:

(b)

the death of a claimant due to an injury inflicted in the circumstances described in paragraph (a):

(c)

the death of a claimant due to suicide.

(2)

However, subsection (1) does not excuse the Corporation from liability to provide the claimant with entitlements for—

(a)

treatment; and

(b)

any ancillary service related to treatment referred to in clause 3(1) of Schedule 1.

(3)

Subsection (1) does not apply if the personal injury or death was the result of—

(a)

mental injury suffered because of physical injuries suffered by the claimant for which he or she had cover; or

(b)

mental injury suffered by the claimant in the circumstances described in section 21 or 21B.

Section 119: substituted, on 1 July 2010, by section 12 of the Accident Compensation Amendment Act 2010 (2010 No 1).

120 Disentitlement for conviction for murder

(1)

The Corporation must not provide any entitlement under Part 4 of Schedule 1 to a claimant if the claimant—

(a)

is entitled to the entitlement because of the death of another person; and

(b)

has been convicted in New Zealand or another country of the murder of the other person.

(2)

The Corporation must suspend any entitlement that the Corporation is liable to provide under Part 4 of Schedule 1 to the claimant because of the death of another person, if the claimant has been charged with the murder of the other person.

(3)

The suspension lasts until the proceedings in respect of the charge are finally determined or the charge is withdrawn.

(4)

An entitlement provided to a claimant under Part 4 of Schedule 1 becomes a debt due to the Corporation, and may be recovered in any court of competent jurisdiction, if—

(a)

the Corporation has provided the entitlement because of the death of another person; and

(b)

the claimant has been convicted by a court in New Zealand or another country of the murder of the other person.

(5)

In this section, murder

(a)

means murder within the meaning of the Crimes Act 1961; and

(b)

includes any killing of a person outside New Zealand that would, if done in New Zealand, have amounted to murder.

Compare: 1998 No 114 s 121

Section 120(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

121 Disentitlement during imprisonment

(1)

The Corporation must not provide any entitlements under Part 2 or Part 4 of Schedule 1 to a claimant in respect of any period during which the claimant is a prisoner in any prison.

(2)

The Corporation is not required to undertake any assessments or make any payments under Part 3 of Schedule 1 to a claimant while the claimant is a prisoner in any prison.

(3)

In this section, prisoner and prison have the same meaning as in section 3(1) of the Corrections Act 2004.

Compare: 1998 No 114 s 122

Section 121(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 121(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 121(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 121(3): substituted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

122 Disentitlement for certain imprisoned offenders

(1)

The Corporation must not provide any entitlements under Schedule 1 to a claimant if—

(a)

the claimant suffers a personal injury in the course of committing an offence; and

(b)

the offence is punishable by a maximum term of imprisonment of 2 years or more; and

(c)

the claimant is sentenced to imprisonment or home detention for committing the offence; and

(d)

the Corporation would, but for this section, be liable to provide entitlements to the claimant for the personal injury.

(2)

In addition, the Corporation must not provide any entitlements under Schedule 1 to the following persons if the Corporation would, but for subsection (1), be liable to provide entitlements to any of them in relation to a deceased claimant’s personal injury:

(a)

the surviving spouse or partner of the deceased claimant:

(b)

any child of the deceased claimant:

(c)

any other dependant of the deceased claimant.

(3)

However, subsection (1) does not excuse the Corporation from liability to provide the claimant with entitlements for—

(a)

treatment; and

(b)

any ancillary service related to treatment referred to in clause 3(1) of Schedule 1.

(4)

Despite subsection (3), the Corporation must not provide any entitlement for surgery unless the surgery is required to restore the claimant’s function to enable him or her to return to work.

Section 122: substituted, on 1 July 2010, by section 13 of the Accident Compensation Amendment Act 2010 (2010 No 1).

122A Exemption from section 122(1)

(1)

The Minister may exempt a claimant from section 122(1) if the Minister is satisfied that there are exceptional circumstances relating to the claimant.

(2)

Nothing in this section gives a claimant the right to apply for an exemption under subsection (1).

Section 122A: inserted, on 1 July 2010, by section 13 of the Accident Compensation Amendment Act 2010 (2010 No 1).

General provisions

123 Entitlements inalienable

(1)

All entitlements are absolutely inalienable, whether by way of, or in accordance with, a sale, assignment, charge, execution, bankruptcy, or otherwise.

(2)

This section does not affect—

(a)

any right of the Corporation to recover any amounts under this Act or to make any deductions authorised by this Act from any entitlements that the Corporation is liable to provide; or

(b)

an independence allowance that is assigned for a period of not more than 5 years to—

(i)

an insurer; or

(ii)
[Repealed]

(iii)

the Corporation, if the Corporation is liable to provide the allowance and the Corporation agrees to the assignment; or

(c)

sections 4 and 5 of the Maori Housing Act 1935; or

(d)

sections 84F to 84M of the District Courts Act 1947; or

(e)

sections 87(2)(b), 88AE(1)(a), 103, 104, 105, 106, 106A, and 106B of the Summary Proceedings Act 1957; or

(f)

section 27Y of the Social Security Act 1964 (as saved by section 256(1) of the Child Support Act 1991) or sections 71 and 86A of the Social Security Act 1964; or

(g)

sections 105, 110, 118, and 121 of the Family Proceedings Act 1980 (as saved by section 259(1) of the Child Support Act 1991); or

(i)

subparts 1, 2, and 5 of Part 2 or section 193 of the Student Loan Scheme Act 2011; or

(ia)

subpart 1 of Part 3 of the KiwiSaver Act 2006; or

(j)

section 157 of the Tax Administration Act 1994; or

(k)

section 41B of the Legal Services Act 2011.

Compare: 1998 No 114 s 124

Section 123(2)(b)(ii): repealed, on 1 February 2011, by section 241(2) of the Insurance (Prudential Supervision) Act 2010 (2010 No 111).

Section 123(2)(e): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 123(2)(i): replaced, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).

Section 123(2)(i): amended (with effect on 1 April 2012), on 30 March 2013, by section 45 of the Student Loan Scheme Amendment Act 2013 (2013 No 10).

Section 123(2)(ia): inserted, on 1 December 2006, by section 231 of the KiwiSaver Act 2006 (2006 No 40).

Section 123(2)(j): amended, on 2 September 2013, by section 4 of the Accident Compensation Amendment Act 2013 (2013 No 44).

Section 123(2)(k): inserted, on 2 September 2013, by section 4 of the Accident Compensation Amendment Act 2013 (2013 No 44).

124 Entitlements to be provided to claimant only

(1)

The Corporation must provide entitlements only to the claimant to whom the Corporation is liable to provide the entitlements.

(2)

Subsection (1) does not apply—

(a)

to payments made by the Corporation directly to a person for providing entitlements to the claimant; or

(b)

to payments authorised by regulations to be made to any other person; or

(c)

to payments made under section 125 or section 126.

Compare: 1998 No 114 s 125

125 Corporation to pay amount for child to caregiver or financially responsible person

(1)

This section applies if an entitlement (other than weekly compensation payable under clause 32 of Schedule 1) provided to a claimant who is not yet 16 years old is solely a payment of money.

(2)

The Corporation must make the payment—

(a)

to a person who is caring for the claimant; or

(b)

if the Corporation considers that it would not be appropriate to make the payment to such a person, to another person or to trustees who, in either case, the Corporation considers will apply the payment as required by subsection (3).

(3)

A person to whom a payment is made under subsection (2) must apply it for the maintenance, education, advancement, or benefit of the claimant.

(4)

The Corporation is not under an obligation to see to the application of any money paid under this section, and is not liable to the claimant in respect of any such payment.

Compare: 1998 No 114 s 126

126 Corporation to pay amount to claimant’s estate

(1)

This section applies to any entitlement (other than lump sum compensation under Part 3 of Schedule 1) that is a payment that the Corporation—

(a)

is liable to make to a claimant, but that has accrued and is unpaid at the date of the claimant’s death; or

(b)

would have been liable to make to the claimant, if he or she had lodged a claim for it.

(2)

The Corporation is liable to pay any amount to which this section applies to the claimant’s estate if the estate applies for it within 3 years after the date of the claimant’s death.

Compare: 1998 No 114 s 127

127 Payment of weekly compensation and lump sum compensation to claimant outside New Zealand

(1)

The Corporation must not pay weekly compensation to a claimant who suffered personal injury outside New Zealand for which he or she has cover, and who is not for the time being in New Zealand, unless he or she—

(a)

had earnings while absent from New Zealand before suffering the personal injury; or

(b)

had earnings within the period of 6 months immediately before leaving New Zealand.

(2)

The Corporation must not pay weekly compensation to a claimant outside New Zealand if his or her entitlement to it is based on earnings in employment in New Zealand that, under the Immigration Act 2009, he or she was not lawfully entitled to undertake.

(3)

The Corporation must not pay any weekly compensation or lump sum compensation to a claimant outside New Zealand unless his or her condition has been assessed for the purposes of this Act by a person approved for the purpose by the Corporation.

(4)

If weekly compensation or lump sum compensation is payable outside New Zealand and the claimant’s right to receive the compensation is to be assessed, the Corporation is not required to meet—

(a)

any costs incurred by the claimant overseas; or

(b)

any costs relating to the return of the claimant to New Zealand for assessment.

Compare: 1998 No 114 s 128

Section 127(1): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 127(2): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 127(2): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 127(3): amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 127(4): amended, on 1 July 2005, by section 60(7) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

128 Payment for rehabilitation to claimant outside New Zealand

The Corporation must not pay for costs incurred outside New Zealand for any rehabilitation, unless section 129 applies or regulations made under this Act require such a payment.

Compare: 1998 No 114 s 129

Section 128: amended, on 11 May 2005, by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

129 Payment for attendant care to claimant outside New Zealand

(1)

The Corporation is liable to pay for attendant care for a claimant who is entitled to receive attendant care and who is outside New Zealand.

(2)

However, the Corporation is not required to pay for attendant care for longer than 28 days in each period during which the claimant is outside New Zealand.

(3)

The Corporation is liable to pay the amount that the claimant would have received if he or she had been in New Zealand during the period he or she is outside New Zealand.

Compare: 1998 No 114 s 130

Section 129(2): amended, on 1 July 2005, by section 60(7) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

130 Payment to claimant outside New Zealand may be in New Zealand dollars to New Zealand bank account

(1)

This section applies in relation to a claimant who is outside New Zealand.

(2)

The Corporation may make any payment to the claimant in New Zealand dollars to an account at a bank in New Zealand.

(3)

The Corporation may open an account at a bank in New Zealand in the claimant’s name, and at his or her expense, for that purpose.

Compare: 1998 No 114 s 132

131 Advances of compensation and grants

(1)

Except as provided in this section, section 123(2)(b), and clause 67 of Schedule 1, the Corporation must not pay any compensation, grant, or allowance in advance.

(2)

The Corporation may pay weekly compensation or a survivor’s grant without the full details necessary to support the relevant claim if—

(a)

details of earnings of any person are not available, and their unavailability is not due to the fault of that person; or

(b)

a person is missing and the Corporation is satisfied—

(i)

that the person is probably dead; and

(ii)

that the presumed death occurred in circumstances in which the person is likely to have cover under this Act.

(3)

If weekly compensation or a grant is paid under this section in circumstances in which it is subsequently found that it was not properly payable, section 248 applies to any amount not properly paid.

(4)

If weekly compensation is paid in advance under this section, the maximum amount that may be paid as weekly compensation is the amount that would be payable if the person on whose earnings the compensation is to be based had weekly earnings as determined under clause 42(3) of Schedule 1.

Compare: 1998 No 114 s 317

132 Adjustment of payments for part periods

If any amount is payable by the Corporation under this Act on a weekly basis and the entitlement to that payment ceases other than at the end of a week, an appropriate adjustment may be made.

Compare: 1998 No 114 s 318

Part 5 Dispute resolution

Preliminary provision

133 Effect of review or appeal on decisions

(1)

A decision by the Corporation on a claim continues to be of full effect even though—

(a)

an applicant has made a review application relating to the decision; or

(b)

any other proceeding relating to the decision has been commenced.

(2)

A review decision continues to be of full effect, unless subsection (3) applies, even though—

(a)

an appellant has filed a notice of appeal relating to the review decision; or

(b)

any other proceeding relating to the review decision has been commenced.

(3)

A review decision ceases to be of full effect if all the parties to the review agree to a variation of it for the benefit of the claimant.

(4)

A review decision is subject to section 161 (the court’s powers to determine an appeal).

(5)

If a person has a claim under this Act, and has a right of review or appeal in relation to that claim, no court, Employment Relations Authority, Disputes Tribunal, or other body may consider or grant remedies in relation to that matter if it is covered by this Act, unless this Act otherwise provides.

Compare: 1998 No 114 s 134

Reviews

134 Who may apply for review

(1)

A claimant may apply to the Corporation for a review of—

(a)

any of its decisions on the claim:

(b)

any delay in processing the claim for entitlement that the claimant believes is an unreasonable delay:

(c)

any of its decisions under the Code on a complaint by the claimant.

(1A)

However, a decision of the Corporation regarding the exercise of discretion under section 68(3) is not reviewable under Part 5.

(2)

An employer may apply to the Corporation for a review of its decision that a claimant’s injury is a work-related personal injury suffered during employment with that employer.

(3)

An employer may not apply to the Corporation for a review of a decision about the entitlements that have been or are to be provided to a claimant who has cover for a work-related personal injury.

(4)

[Repealed]

(5)

A levy payer may apply to the Corporation for a review of a determination under section 209(1) or a decision referred to in section 236(1).

Compare: 1998 No 114 s 135

Section 134(1A): inserted, on 1 July 2005, by section 25(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 134(4): repealed, on 1 July 2005, by section 25(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

135 How to apply for review

(1)

A review application is made by giving an application that complies with subsection (2) to the Corporation.

(2)

The application must—

(a)

be written:

(b)

whenever practicable, be made on the form made available by the Corporation for the purpose:

(c)

identify the decision or decisions in respect of which it is made:

(d)

state the grounds on which it is made:

(e)

if known by the applicant, state the relief sought:

(f)

be made within 3 months of—

(i)

the date on which the claimant has a decision under section 58; or

(ii)

the date on which the Corporation gives notice under section 64; or

(iii)

in the case of a decision under the Code, the date on which the claimant is notified of the decision:

(g)

in the case of a review application relating to a claim for entitlement, not be made less than 21 days after the date the claim for entitlement is made.

(3)

Despite subsection (2)(f) and (g) and any time frame prescribed in regulations made under section 328A for the lodgement of a review application, the Corporation must accept a late application if satisfied that there are extenuating circumstances that affected the ability of the claimant to meet the time limits, such as—

(a)

where the claimant was so affected or traumatised by the personal injury giving rise to the review that he or she was unable to consider his or her review rights; or

(b)

where the claimant made reasonable arrangements to have the application made on his or her behalf by an agent of the claimant, and the agent unreasonably failed to ensure that the application was made within the required time; or

(c)

where the Corporation failed to notify the claimant of the obligations of persons making an application.

Compare: 1998 No 114 s 136

Section 135(3): amended, on 1 July 2005, by section 26 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

135A Time frame for lodging review application where alternative dispute resolution conducted about same matter

(1)

This section applies to a review application about a matter if an alternative dispute resolution procedure is conducted about the same matter.

(2)

A review application to which this section applies must be lodged within the relevant time frame stated in section 135(2) unless regulations made under section 328A prescribe otherwise.

Section 135A: inserted, on 1 July 2005, by section 27 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

136 Corporation to acknowledge receipt of review application

When the Corporation receives a review application, it must send the applicant an acknowledgement—

(a)

indicating when the review application was received; and

(b)

containing an explanation of the effect of sections 146 and 147.

Compare: 1998 No 114 s 137

137 Corporation to engage and allocate reviewers

(1)

The Corporation must engage as many persons as it considers necessary to be reviewers under this Part.

(2)

As soon as practicable after receiving an application for review, the Corporation must arrange for the allocation of a reviewer to the review even if it considers that there is no right of review in the circumstances.

(3)

If for any reason the Corporation has to allocate a new reviewer to a review, the Corporation must do this as soon as practicable after becoming aware of the need to allocate a new reviewer.

Compare: 1998 No 114 s 138

138 Reviewer’s duty to act independently and disclose previous involvement

(1)

A reviewer must act independently when conducting a review.

(2)

A reviewer to whom the Corporation proposes to allocate a review must disclose to the Corporation any previous involvement that the reviewer has had in the claim other than as a reviewer.

Compare: 1998 No 114 ss 140(1), 141(2)

139 Corporation’s duties to secure independence of reviewer

(1)

The Corporation must not engage as a reviewer a person who is currently employed or engaged by the Corporation to make decisions on claims in a capacity other than that of reviewer.

(2)

The Corporation may engage a reviewer on a contract of service or contract for services.

(3)

The Corporation must not include in the reviewer’s contract any term or condition that could have the effect, directly or indirectly, of influencing the reviewer, when conducting a review, in favour of the Corporation.

(4)

The Corporation must not allocate a claim to a reviewer who discloses to the Corporation any previous involvement in the claim other than as a reviewer.

Compare: 1998 No 114 s 142

140 Conduct of review: general principles

The reviewer may conduct the review in any manner he or she thinks fit, but he or she must—

(a)

comply with section 138; and

(b)

comply with any other relevant provision of this Act and any regulations made under this Act; and

(c)

comply with the principles of natural justice; and

(d)

exercise due diligence in decision-making; and

(e)

adopt an investigative approach with a view to conducting the review in an informal, timely, and practical manner.

Compare: 1998 No 114 s 143

141 Conduct of review: hearing to be held

(1)

In the course of conducting a review, the reviewer must hold a hearing unless—

(a)

the applicant withdraws the review application; or

(b)

the applicant, the Corporation, and all persons who would be entitled to be present and heard at the hearing agree not to have a hearing.

(2)

The reviewer must hold the hearing at a time and place that are—

(a)

agreed to by all persons who are parties to the application and the reviewer; or

(b)

decided on by the reviewer if those persons do not agree.

(3)

The reviewer must take all practicable steps to ensure that notice of the time and place of the hearing is given—

(a)

to every person entitled to be present and heard at it; and

(b)

at least 7 days before the date of the hearing.

(4)

The reviewer may admit any relevant evidence at the hearing from any person who is entitled to be present and be heard at it, whether or not the evidence would be admissible in a court.

Compare: 1998 No 114 s 144

142 Persons entitled to be present and heard at hearing

The following persons are entitled to be present at the hearing, with a representative if they wish, and to be heard at it, either personally or by a representative:

(a)

on every review, the applicant and the Corporation:

(b)
[Repealed]

(c)
[Repealed]

(d)

if the review relates to a decision to accept or decline cover for a work-related personal injury,—

(i)

the claimant; and

(ii)

the claimant’s employer; and

(iii)

in the case of a claim for cover for personal injury under section 30, any employer whose name the reviewer receives from the claimant or from the claimant’s employer or from the Corporation so that notice can be given under section 141(3), if the name is that of any other employer of the claimant or any former employer of the claimant.

Compare: 1998 No 114 s 145

Section 142(b): repealed, on 1 July 2005, by section 28 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 142(c): repealed, on 1 July 2005, by section 28 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

143 Record of hearing

(1)

The reviewer must take reasonable steps to ensure that an accurate record of the evidence given at the hearing is taken.

(2)

The reviewer must keep such records for at least 2 years.

Compare: 1998 No 114 s 146

144 Review decisions: formalities

(1)

The reviewer must make a review decision within 28 days after—

(a)

the day on which the hearing of the review finishes; or

(b)

if there is no hearing,—

(i)

the day that the applicant, the Corporation, and all persons who would be entitled to be present and heard at the hearing specify for the purposes of this section in their agreement not to have a hearing; or

(ii)

if those persons do not specify a day, the day on which those persons agree not to have a hearing.

(2)

A review decision must—

(a)

be written; and

(b)

contain the reasons for the decision; and

(c)

contain information about the right of appeal.

(3)

As soon as practicable after making a review decision under subsection (1), the reviewer must give a copy of the decision to—

(a)

the applicant and the Corporation; and

(b)

every other person who was entitled to be present and heard at the hearing and who was present at it.

(4)

The reviewer must give a copy of the decision to a person who was entitled to be present and heard at the hearing, but who was not present at it, if that person asks the reviewer for a copy.

(5)

The Corporation must supply a copy of the review decision to any other person who asks for a copy, but must ensure that the copy supplied contains no information that may identify any individual. The Corporation may charge a fee for supplying the copy, which must be no greater than the cost of preparing the copy for supply and supplying it.

Compare: 1998 No 114 s 147

145 Review decisions: substance

(1)

In making a decision on the review, the reviewer must—

(a)

put aside the Corporation’s decision and look at the matter afresh on the basis of the information provided at the review; and

(b)

put aside the policy and procedure followed by the Corporation and decide the matter only on the basis of its substantive merits under this Act.

(2)

However, on the review of a decision revised by the Corporation under section 65(1), the Corporation must establish that the decision revised under that subsection was made in error.

(3)

The reviewer must—

(a)

dismiss the application; or

(b)

modify the Corporation’s decision; or

(c)

quash the Corporation’s decision; or

(d)

direct the Corporation to make a decision within a time frame specified by the reviewer if the Corporation has not made the decision in a timely manner as contemplated by sections 54 and 134(1)(b); or

(e)

make the decision for the Corporation if it has not made a decision in a timely manner as contemplated by sections 54 and 134(1)(b).

(4)

If the reviewer quashes the Corporation’s decision, the reviewer must—

(a)

substitute the reviewer’s decision for that of the Corporation; or

(b)

require the Corporation to make the decision again in accordance with directions the reviewer gives.

(5)

The reviewer may make a decision even though a person entitled to be present and heard at the hearing did not attend it unless, before the reviewer makes the decision,—

(a)

the person gives the reviewer a reasonable excuse for the person’s non-attendance; and

(b)

the reviewer considers that a decision should not be made until the person has been heard.

Compare: 1998 No 114 s 148

146 Deemed review decisions

(1)

The reviewer is deemed to have made a decision on the review in favour of the applicant if—

(a)

the date for the hearing has not been set within 3 months after the review application is received by the Corporation; and

(b)

the applicant did not cause, or contribute to, the delay.

(2)

The date of the deemed decision is 3 months after the review application is received.

Compare: 1998 No 114 s 149

147 Effect of review decisions

(1)

A review decision is binding on—

(a)

the applicant and the Corporation; and

(b)

any person who has a responsibility under this Act that is invoked in the decision; and

(c)

any other party to the review.

(2)

Subsection (1) is subject to subsections (3) and (4).

(3)

The Corporation is not liable to provide entitlements as a result of a deemed review decision under section 146 other than those able to be provided under this Act.

(4)

A claimant who is not an applicant cannot lose his or her cover as the result of a deemed review decision under section 146, unless he or she caused or contributed to the delay.

Compare: 1998 No 114 s 150

148 Costs on review

(1)

The Corporation is responsible for meeting all the costs incurred by a reviewer in conducting a review.

(2)

Whether or not there is a hearing, the reviewer—

(a)

must award the applicant costs and expenses, if the reviewer makes a review decision fully or partly in favour of the applicant:

(b)

may award the applicant costs and expenses, if the reviewer does not make a review decision in favour of the applicant but considers that the applicant acted reasonably in applying for the review:

(c)

may award any other person costs and expenses, if the reviewer makes a review decision in favour of the person.

(3)

If a review application is made and the Corporation revises its decision fully or partly in favour of the applicant for review before a review is heard, whether before or after a reviewer is appointed and whether or not a review hearing has been scheduled, the Corporation must award costs and expenses on the same basis as a reviewer would under subsection (2)(a).

(4)

The award of costs and expenses under this section must be in accordance with regulations made for the purpose.

(5)

If any costs and expenses are awarded against the Corporation under this section, the Corporation is liable to pay them within 28 days of the decision to award them.

Compare: 1998 No 114 s 151

Appeals

149 Who may appeal against review decision

(1)

A claimant may appeal to a District Court against—

(a)

a review decision; or

(b)

a decision as to an award of costs and expenses under section 148.

(2)

The Corporation may appeal to a District Court against—

(a)

a review decision; or

(b)

a decision as to an award of costs and expenses under section 148.

(3)

However, neither a claimant nor the Corporation may appeal to the District Court against a review decision on a decision by the Corporation under the Code on a complaint by the claimant.

(4)

The employer may appeal to a District Court against a review decision that an injury is a work-related personal injury.

(5)

[Repealed]

(6)

A person who had a right to be present and to be heard at a hearing because of section 142(d) may appeal to a District Court against a review decision that an injury is a work-related personal injury.

(7)

Any affected person may appeal to a District Court against a decision on the award of costs and expenses under section 148.

Compare: 1998 No 114 s 152

Section 149(5): repealed, on 1 July 2005, by section 29 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

150 District Courts rules and this Act apply to appeal

An appeal under section 149 is dealt with in accordance with the District Courts rules made under section 122 of the District Courts Act 1947, as modified by this Act and any regulations made under it.

Compare: 1998 No 114 s 153

151 Manner of bringing appeal

(1)

An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry.

(2)

The notice must be in the prescribed form.

(3)

The notice must be received by the specified registry—

(a)

within 28 days after the date on which the reviewer gives a copy of the review decision to the appellant; or

(b)

in the case of a deemed review decision under section 146, within 28 days of the date specified in section 146(2); or

(c)

within any longer time allowed by a District Court.

Compare: 1998 No 114 s 154

152 Corporation to provide names of persons entitled to be heard

(1)

As soon as practicable after receiving the notice of appeal, the Registrar must notify the Corporation that an appeal has been lodged and request the information described in subsection (2).

(2)

The information is the names and contact details of any person who had a right to be present and heard at the hearing of the review (other than the appellant).

(3)

The Corporation must provide the Registrar with the information within 7 days of receiving the request from the Registrar.

Compare: 1998 No 114 s 155

153 Notice of hearing place and date

(1)

The hearing of an appeal must be at a time and place fixed by the Registrar.

(2)

The appeal must be heard at a place that the Registrar considers is convenient having regard to the needs of the parties and the efficient administration of the court.

(3)

The Registrar must notify the appellant of the time and place.

(4)

The Registrar must also notify any person (other than the appellant) who had a right to be present and heard at the hearing of the review of the time and place, and give the person a copy of the notice of appeal.

Compare: 1998 No 114 s 156

154 Corporation’s duty to make record available

(1)

On receiving a copy of the notice of appeal, the Corporation must provide to the Registrar any of the following that exist:

(a)

a copy of the decision appealed against; and

(b)

the record of the review hearing; and

(c)

all documents, items, and exhibits relating to the review that are in the custody of the Corporation or the reviewer; and

(d)

a copy of any notes made by, or by direction of, the reviewer relating to the hearing of the review.

(2)

A person who had a right to be present and heard at the hearing of the review may request the Corporation to provide any of the items described in subsection (1) that exist, and the Corporation must comply with the request as soon as practicable.

Compare: 1998 No 114 s 157

155 Hearing of appeal

(1)

The following persons are entitled to appear at the hearing of the appeal and to be heard at it, either personally or by a representative:

(a)

the appellant:

(b)

any other person who had a right to be present and heard at the hearing of the review.

(2)

An appeal is a rehearing, but evidence about a question of fact may be brought before the court under section 156(2).

Compare: 1998 No 114 s 158

156 Evidence at appeal

(1)

The court may hear any evidence that it thinks fit, whether or not the evidence would be otherwise admissible in a court of law.

(2)

If a question of fact is involved in an appeal, the evidence taken before or received by the reviewer about the question may be brought before the court under any of subsections (3) to (5), subject to any order of the court.

(3)

Evidence given orally about a question of fact may be brought before the court by the production of a copy of—

(a)

the notes of the reviewer; or

(b)

the reviewer’s record of hearing; or

(c)

a written statement read by a witness; or

(d)

any other material that the court thinks expedient.

(4)

Evidence taken by affidavit about a question of fact may be brought before the court by the production of any of the affidavits that have been forwarded to the Registrar.

(5)

Exhibits relating to a question of fact may be brought before the court by—

(a)

the production of any of the exhibits that have been forwarded to the Registrar; or

(b)

the production by the parties to the appeal of any exhibits in their custody.

Compare: 1998 No 114 s 159

157 Appointment of assessor

(1)

A Judge hearing an appeal may appoint a person to be an assessor for the purposes of the appeal if the Judge considers that—

(a)

the appeal involves consideration of matters of a professional, technical, or specialised nature; and

(b)

it would be desirable to appoint as an assessor a person with expert knowledge of those matters.

(2)

The Judge must consult the parties on the person to be appointed, and must—

(a)

appoint the person whom the Judge and the parties agree to be suitable; or

(b)

appoint a person the Judge thinks suitable if the Judge and the parties are unable to agree on a suitable person.

(3)

The Ministry of Justice must pay assessors the remuneration and allowances determined for assessors from time to time by the Minister of the Crown who is responsible for the Ministry of Justice.

(4)

An appointment of an assessor may not be called in question, in any proceedings, on the grounds that the occasion for the appointment had not arisen or had ceased.

Compare: 1998 No 114 s 160

Section 157(3): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

158 Involvement of assessor

(1)

The duties of an assessor are to—

(a)

sit with the court; and

(b)

act in all respects as an extra member of the court for the hearing of the appeal; and

(c)

act as an extra member of the court to assist in the determination of the appeal, but the Judge alone determines the appeal.

(2)

Before starting his or her duties, an assessor must take an oath before a District Court Judge that the assessor will faithfully and impartially perform the duties.

(3)

The failure of an assessor to perform his or her duties does not prevent the Judge from making a decision on the appeal without the input of the assessor.

(4)

A Judge who is satisfied that it is appropriate to do so may revoke the appointment of an assessor and may—

(a)

conduct the hearing, or the rest of it, without an assessor; or

(b)

appoint a substitute assessor in accordance with section 157.

Compare: 1998 No 114 s 161

159 Court may make order as to persons who may be present

(1)

The court may order that the only persons who may be present during the hearing of an appeal are—

(a)

the Judge; and

(b)

any assessor; and

(c)

officers of the court; and

(d)

the parties and their representatives; and

(e)

any other person who is entitled to appear and be heard, and his or her representative; and

(f)

witnesses; and

(g)

any other person whom the Judge permits to be present.

(2)

The court may make an order under subsection (1)—

(a)

on its own initiative or on the application of a party or any other person who is entitled to appear and be heard; and

(b)

if it considers it necessary and appropriate to do so to protect the privacy of a party or any other person who is entitled to appear and be heard, but the court may not make the order to protect the Corporation.

Compare: 1998 No 118 s 162

160 Court may make order prohibiting publication

(1)

The court may make—

(a)

an order forbidding publication of any report or account of the whole or part of—

(i)

the evidence adduced; or

(ii)

the submissions made:

(b)

an order forbidding the publication of the name, address, or occupation, or particulars likely to lead to the identification, of—

(i)

a party to the appeal; or

(ii)

a person who is entitled to appear and be heard; or

(iii)

a witness.

(2)

The court may make an order under subsection (1) if it is of the opinion that it is necessary and appropriate to do so to protect the privacy of a person referred to in subsection (1)(b), but the court may not make the order to protect the Corporation.

(3)

An order under subsection (1)—

(a)

may be made for a limited period or permanently; and

(b)

if made for a limited period, may be renewed for a further period or periods; and

(c)

if made permanently, may be reviewed by the court at any time.

(4)

Every person who commits a breach of any order made under subsection (1) or evades or attempts to evade any such order commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $1,000:

(b)

in the case of a body corporate, to a fine not exceeding $5,000.

Compare: 1998 No 114 s 163

161 Decisions on appeal

(1)

The court must determine an appeal by—

(a)

dismissing the appeal; or

(b)

modifying the review decision; or

(c)

quashing the review decision.

(2)

If the court quashes the review decision, it must indicate the effect clearly. The effect may be, for example, to—

(a)

endorse the Corporation’s decision; or

(b)

require the Corporation to take the action the court specifies in relation to the Corporation’s decision; or

(c)

require another review to be conducted in accordance with directions the court gives.

(3)

Without limiting subsections (1) and (2),—

(a)

if the appellant, without reasonable excuse, does not appear at the time appointed for hearing the appeal, the court may dismiss the appeal:

(b)

if the appellant does not prosecute the appeal with due diligence, the court may, on the application of any party, dismiss the appeal.

Compare: 1998 No 114 s 164

Further appeals

162 Appeal to High Court on question of law

(1)

A party to an appeal who is dissatisfied with the decision of a District Court as being wrong in law may, with the leave of the District Court, appeal to the High Court.

(2)

The leave of the District Court must be sought within 21 days after the District Court’s decision.

(3)

If the District Court refuses to grant leave, the High Court may grant special leave to appeal.

(4)

The special leave of the High Court must be sought within 21 days after the District Court refused leave.

(5)

The High Court Rules 2016 and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under this section as if it were an appeal under section 72 of that Act.

Section 162: substituted, on 24 November 2003, by section 4(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Section 162(5): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).

163 Appeal to Court of Appeal on question of law

(1)

A party to an appeal before the High Court under section 162 who is dissatisfied with any determination or decision of the Court on the appeal as being wrong in law may, with the leave of the High Court, appeal to the Court of Appeal by way of case stated for the opinion of that court on a question of law only.

(2)

If the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.

(3)

An appeal to the Court of Appeal must be dealt with in accordance with the rules of the court.

(4)

The decision of the Court of Appeal on any application for leave to appeal, or on an appeal under this section, is final.

Compare: 1998 No 114 s 166

164 Recovery of costs of appeals

(1)

The Corporation must in each financial year pay to the Ministry of Justice such amount as the Corporation and that Ministry agree as being—

(a)

the reasonable administrative costs of appeals under this Part; and

(b)

the reasonable costs of appeals under this Part in relation to judicial salaries, fees, and allowances.

(2)

Subsection (1) applies to costs that are not met by the parties to appeals under this Part.

Compare: 1998 No 114 s 167

Section 164(1): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Part 6 Management of the Scheme

165 Duty of Corporation

(1)

The Corporation has a duty to—

(a)

determine cover for persons for whom claims for cover are lodged; and

(b)

provide entitlements, in accordance with the provisions of this Act, in respect of persons who have cover under this Act; and

(c)

manage the Accounts required by this Part to be maintained and operated, while complying with Part 7; and

(d)

collect levies under this Act; and

(e)

administer Part 5 (dispute resolution); and

(f)

carry out functions and duties in relation to or under Part 10 (saving of competitive provisions).

(2)

The Corporation may, in respect of persons who lodge claims with the Corporation that would have been lodged under Part 4 of the Accident Insurance Act 1998 if it were still in force, choose which Account to provide the entitlement from, and must repay to that Account any amount later received from an insurer in respect of the provision of that entitlement.

Compare: 1998 No 114 s 280

Financial management

166 Separate Accounts

(1)

The Corporation must maintain and operate—

(a)

a Work Account for the purpose set out in section 167:

(b)
[Repealed]

(c)
[Repealed]

(d)

a Motor Vehicle Account for the purpose set out in section 213:

(e)

an Earners’ Account for the purpose set out in section 218:

(f)

a Non-Earners’ Account for the purpose set out in section 227:

(g)

a Treatment Injury Account for the purpose set out in section 228.

(2)

This Part and Part 7 apply in respect of the management of the Accounts.

Compare: 1998 No 114 s 281

Section 166(1)(a): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 166(1)(b): repealed, on 3 March 2010, by section 14 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 166(1)(c): repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 166(1)(g): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

166A Principles of financial responsibility in relation to Accounts

(1)

The cost of all claims under the levied Accounts are to be fully funded by meeting the outstanding claims liability in respect of the claims by offsetting an adequate level of assets to fund the cost of those claims.

(2)

When making recommendations in respect of regulations made under section 329 setting levies, the Minister must have regard to the following principles:

(a)

the levies derived for each Account should meet the lifetime cost of claims in relation to injuries that occur in a particular year:

(b)

if an Account has a deficit of funds to meet the costs described in subsection (1), or has accumulated surplus funds, that deficit or surplus should be corrected by the setting of levies at an appropriate rate for a subsequent year or years:

(c)

large changes in levies should be avoided.

Section 166A: inserted, on 24 September 2015, by section 5 of the Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 (2015 No 85).

166B Funding policy statement

(1)

Within 12 months after the commencement of this section, the Minister must issue a funding policy statement.

(2)

The funding policy statement must specify—

(a)

a target level or band for the funding of each Account; and

(b)

an approach to managing deviations from the target level or band for the funding of each Account over a period of time; and

(c)

limits (if any) on any annual levy changes for all or any of the Accounts; and

(d)

the circumstances (if any) in which levy changes are not required.

(3)

The funding policy statement must be consistent with, and explain how it is consistent with, the financial responsibility principles in section 166A.

(4)

The funding policy statement may prescribe specific actions for the Corporation to take to the extent that any such action is consistent with the Corporation’s functions under section 262.

(5)

Sections 113 and 114 of the Crown Entities Act 2004 do not apply in respect of a funding policy statement.

Section 166B: inserted, on 24 September 2015, by section 5 of the Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 (2015 No 85).

166C Consultation, publication, and amendment of funding policy statement

(1)

Section 115(1) to (3A) of the Crown Entities Act 2004 applies to the making of a funding policy statement as if it were a ministerial direction.

(2)

The Minister must consult such persons or organisations as the Minister considers appropriate before issuing the funding policy statement.

Section 166C: inserted, on 24 September 2015, by section 5 of the Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 (2015 No 85).

Work Account

Heading: substituted, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

167 Application and source of funds

(1)

The purpose of the Work Account is to—

(a)

finance entitlements provided under this Act by the Corporation to employees, private domestic workers, and self-employed persons for work-related personal injuries; and

(b)

finance the following entitlements that are required to be provided in respect of persons whose entitlements would have been provided from the Employers’ Account under the Accident Rehabilitation and Compensation Insurance Act 1992:

(i)

entitlements for work injuries (as defined in the Accident Rehabilitation and Compensation Insurance Act 1992) suffered before 1 July 1999; and

(ii)

entitlements for non-work injuries to earners suffered before 1 July 1992.

(2)

The funds for the Work Account are to be derived from—

(a)

levies payable under sections 168, 168A, 168B, and 211 by employers, private domestic workers, and self-employed persons; and

(b)

payments made to the Corporation in respect of obligations taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000 in relation to the accident insurance contracts of employers and private domestic workers, and for self-employed persons; and

(c)

premiums continued by or payable under Part 11.

(3)

The funds in the Work Account must be applied to meet the costs of—

(a)

entitlements in respect of employees, private domestic workers, and self-employed persons for work-related personal injuries; and

(b)

entitlements in respect of obligations, under accident insurance contracts of employers and private domestic workers, and for self-employed persons, taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000; and

(c)

entitlements that are required to be provided in accordance with Part 11 in respect of persons whose entitlements would have been provided from the Self-Employed Work Account under the Accident Insurance Act 1998; and

(d)

entitlements in respect of employers, private domestic workers, and self-employed persons that, immediately before 1 April 2007, would have been funded from the Self-Employed Work Account or the Employers’ Account; and

(e)

entitlements that, immediately before the commencement of section 21 of the Accident Compensation Amendment Act 2010, would have been funded from the Residual Claims Account as it was immediately before that commencement; and

(f)

administering the Account; and

(g)

audits and assessments referred to in sections 174D and 175; and

(h)

any other expenditure authorised by this Act.

(4)

Regulations made under this Act may prescribe, in relation to a prescribed period, a portion of the levies payable under sections 168, 168A, 168B, and 211 to provide for or, to the extent that it is necessary, to provide separately for,—

(a)

the purposes of subsection (3)(a) to (d) and (f) to (h):

(b)

the purposes of subsection (3)(e), (f), and (h).

(5)

Those regulations may also relate to the same or different prescribed periods.

Section 167: substituted, on 3 March 2010, by section 15 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 167(3)(g): replaced, on 4 April 2016, by section 6 of the Accident Compensation Amendment Act 2015 (2015 No 71).

Section 167(4)(b): amended, on 26 September 2015, by section 336A(2)(a).

168 Employers to pay levies

(1)

An employer must pay, in accordance with this Act and regulations made under this Act, levies to fund the Work Account.

(2)

A levy must relate to a prescribed period.

(3)

An employer must pay the levy by the date specified for payment, whether in an invoice or other appropriate document given to the employer by the Corporation or an agent of the Corporation, being a date not less than 30 days after the date of the invoice or other appropriate document.

Compare: 1998 No 114 s 281B

Section 168(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 168(3): amended, on 1 August 2008, by section 21 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

168A Private domestic workers to pay levies

(1)

A private domestic worker must pay, in accordance with this Act and regulations made under this Act, levies to fund the Work Account.

(2)

A levy must relate to a prescribed period.

(3)

A private domestic worker must pay the levy by the date specified for payment, whether in an invoice or another appropriate document given to the private domestic worker by the Corporation or an agent of the Corporation, being a date not less than 30 days after the date of the invoice or other appropriate document.

(4)

[Repealed]

(5)

Nothing in this Act requires a private domestic worker to pay a Work Account levy on his or her relevant earnings that exceed the specified maximum. For the purpose of this subsection, the relevant earnings are the person’s earnings as a private domestic worker together with his or her earnings as an employee (other than as a private domestic worker).

(6)

Sections 170, 171, and 173 apply to private domestic workers as if they were both the employer and the employee, and references to section 168 in those sections must, in relation to private domestic workers, be read as references to this section.

Section 168A: inserted, on 1 July 2005, by section 31 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 168A(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 168A(3): amended, on 1 August 2008, by section 22 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 168A(4): repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 168A(5): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

168B Self-employed persons to pay levies

(1)

A self-employed person must pay, in accordance with this Act and regulations made under it, levies to fund the Work Account.

(2)

A levy must relate to a prescribed period.

(3)

A self-employed person must pay the levy by the date specified for payment, whether in an invoice or other appropriate document given to the self-employed person by the Corporation or an agent of the Corporation, being a date not less than 30 days after the date of the invoice or other appropriate document.

Section 168B: inserted, on 1 April 2007, by section 5 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 168B(3): amended, on 1 August 2008, by section 23 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

169 Rates of levies

(1)

Levies are to be paid under sections 168, 168A, and 168B at a rate or rates prescribed in regulations made under this Act, and must be related in whole or in part to—

(a)

the amount of earnings paid, estimated to be paid, or deemed by regulations to have been paid by an employer to the employer’s employees; or

(b)

the amount of earnings received as a private domestic worker or deemed by regulations to have been received as a private domestic worker; or

(c)

the level of earnings (other than earnings as an employee) derived, estimated to be derived, or deemed by regulations to be derived, by a self-employed person.

(2)

Regulations made under this Act may—

(a)

establish a system or systems for either or both of the following:

(i)

the experience rating of employers, private domestic workers, or self-employed persons:

(ii)

risk sharing between employers, private domestic workers, or self-employed persons, on the one hand, and the Corporation on the other; and

(b)

adjust the levies under sections 168, 168A, 168B, and 211 in relation to a particular employer, private domestic worker, or self-employed person on the basis of that system or those systems.

(3)

The systems referred to in subsection (2) may include no-claims bonuses, higher or lower levies, and claim thresholds.

(4)

[Repealed]

Section 169: substituted, on 1 April 2007, by section 6 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 169(1)(a): amended, on 3 March 2010, by section 16(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 169(1)(b): amended, on 3 March 2010, by section 16(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 169(2): substituted, on 3 March 2010, by section 16(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 169(3): added, on 3 March 2010, by section 16(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 169(4): repealed, on 26 September 2015, by section 336A(2)(c).

169AA Basis on which funds to be calculated
[Repealed]

Section 169AA: repealed, on 26 September 2015, by section 336A(2)(b).

169A Limit on offsets in case of earnings as self-employed person

(1)

In determining a person’s earnings as a self-employed person, no offset may be allowed for the amount of—

(a)

any net loss of the person for an earlier tax year that might otherwise be offset by the person under sections IA 1 to IA 4, IA 7(9) and IA 9 of the Income Tax Act 2007; or

(b)

any part of the net loss of a loss attributing qualifying company (as defined in section YA 1 of the Income Tax Act 2007) attributable to the person as a shareholder of that company under sections HA 20, HA 24, HA 26, HA 27, and IA 7(2) of the Income Tax Act 2007.

(2)

If the result of the calculation of a person’s earnings as a self-employed person is a negative amount and the person also derives earnings as an employee, the person’s earnings as an employee must not be reduced by the negative amount.

Section 169A: inserted, on 1 April 2007, by section 7 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 169A(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 169A(1)(b): 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).

170 Classification of industries or risks

(1)

For the purpose of setting levies payable under sections 168, 168B, and 211, the Corporation must classify an employer and a self-employed person in an industry or risk class that most accurately describes their activity, being an industry or risk class set out in regulations made under this Act.

(2)

If an employer is engaged in 2 or more activities, the Corporation must classify all the employer’s employees in the classification unit for whichever of those activities attracts the highest levy rate under the regulations.

(3)

Despite subsection (2), the Corporation may classify the employer’s employees in separate classification units for different activities if the employer meets the threshold (if any) specified in regulations and if—

(a)

the employer so requests; and

(b)

the employer is engaged in 2 or more distinct and independent activities; and

(c)

each of those activities provides services or products to external customers in such a way that each activity could, without adaptation, continue on its own without the other activities; and

(d)

accounting records are maintained by the employer to the satisfaction of the Corporation that—

(i)

demonstrate the separate management and operation of each activity; and

(ii)

allocate to each activity the earnings of employees engaged solely in that activity.

(4)

Regulations made under this Act must prescribe a Work Account levy for each industry or risk class defined under subsection (1).

(4A)

The regulations referred to in subsection (4) that relate to an industry or risk class defined under subsection (1)(a)

(a)

may, until the end of the 2009–10 tax year, prescribe the levies at different rates for employers and self-employed persons classified in the same industry or risk class; and

(b)

must, until the end of the 2009–10 tax year, prescribe the levies at a rate that does not increase or decrease the levy rate payable by employers or self-employed persons in a particular industry or particular risk class by more than 25% of the rate payable in the previous tax year; and

(c)

must, after the end of the 2009–10 tax year, prescribe the levies at the same rate for employers and self-employed persons classified in the same industry or risk class.

(5)

The Corporation must decide which industry or risk class is appropriate in relation to any employer or self-employed person by whom a levy is payable, and section 239 applies if the classes defined by the regulations do not specifically cover a particular activity.

(6)

The Corporation must separately account for the amounts—

(a)

collected from each industry or risk class under sections 168, 168B, and 211; and

(b)

expended for the purposes of section 167(3) in respect of each industry or risk class.

(7)

If costs relating to a particular claim are attributable to more than 1 industry or risk class, the Corporation must apportion those costs in a way that reasonably represents the relative costs to each of those industry or risk classes.

(8)

Nothing in this section prevents the Corporation from making arrangements to enable employers or self-employed persons to carry out self-assessments for the purposes of this section.

Compare: 1998 No 114 s 281D; SR 2000/54 r 6

Section 170(1): replaced, on 26 September 2015, by section 336A(3).

Section 170(3): amended, on 22 October 2003, by section 4 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003 (2003 No 80).

Section 170(4): substituted, on 1 April 2007, by section 8(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 170(4A): inserted, on 1 April 2007, by section 8(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 170(4A): amended, on 3 March 2010, by section 18(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 170(5): amended, on 1 April 2007, by section 8(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 170(6): substituted, on 1 April 2007, by section 8(4) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 170(8): amended, on 1 April 2007, by section 8(5) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

171 Classification of self-employed persons and employees engaged in 2 or more activities

(1)

A self-employed person or (if section 170(3) applies) an employee who is engaged in 2 or more activities must be classified in the industry or risk class for whichever of those activities attracts the highest levy rate under the regulations.

(2)

If a particular activity accounts for 5% or less of a self-employed person’s or an employee’s earnings for the year, then that activity need not be considered when determining the correct industry or risk class under subsection (1).

(3)

Subsection (2) applies only if the self-employed person’s or the employer’s records are sufficient and accurate enough to satisfy the Corporation that the apportionment of total earnings is correct.

Section 171: substituted, on 1 April 2007, by section 9 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

172 Work Account levy not payable on earnings of employee over specified maximum

(1)

Except as provided in subsection (2), nothing in this Act requires an employer to pay a Work Account levy on earnings of an employee that exceed the specified maximum.

(2)

If a person’s earnings as an employee for a tax year are paid by 2 or more employers, and the total of those earnings exceeds the specified maximum,—

(a)

each employer must pay a Work Account levy on all earnings paid by the employer up to the specified maximum; but

(b)

each employer may apply in writing to the Corporation for a pro rata refund of the excess levy paid, to be calculated according to the following formula:

This graphic contains a formula

where—

a

is the total earnings on which the levy is paid by the employer in respect of that employee

b

is the total earnings on which the levy is paid by all employers in respect of that employee

c

is the total excess levy paid by all employers in respect of that employee.

(3)

An employer is not entitled to a refund under subsection (2)(b) after the expiry of a period of 4 years beginning from the close of the tax year in respect of which the relevant Work Account levy was payable.

Compare: SR 1999/196 r 6J

Section 172 heading: amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 172(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 172(2): 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 172(2)(a): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 172(2)(b): substituted, on 1 July 2005, by section 32 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 172(3): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 172(3): 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).

172A Work Account levy not payable on earnings of self-employed person over specified maximum

Nothing in this Act requires a self-employed person to pay a Work Account levy on earnings that exceed the specified maximum.

Section 172A: inserted, on 1 April 2007, by section 10 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

173 Estimation of levy

(1)

The Corporation may require an employer to pay a levy based on the Corporation’s reasonable estimate of the levy payable by the employer for part or all of the prescribed period.

(2)

In that event, the Corporation must, as soon as practicable after the end of the period to which the Corporation’s requirement relates, calculate the amount of levy actually payable by the employer for the part or all of the prescribed period and—

(a)

refund any amount greater than $20 that is overpaid, together with (if that amount exceeds $1,000) interest on that amount at the rate prescribed by regulations made under this Act; or

(b)

require the employer to pay any amount greater than $20 that is outstanding.

(3)

The Corporation must not issue an invoice arising from a recalculation under subsection (2) unless the amount invoiced is greater than $20.

Compare: 1998 No 114 s 281F

174 Employer to notify increase or decrease of relevant employee earnings

(1)

Subsection (2) applies if an employer, during a tax year, reasonably believes that there will be an increase or decrease in the relevant employee earnings for that tax year from the relevant employee earnings for the immediately preceding tax year.

(2)

When this subsection applies,—

(a)

if the increase or decrease is 20% or more, the employer must notify the Corporation of the employer’s estimate of the relevant employee earnings for that tax year; and

(b)

in any other case, the employer may notify the Corporation of that estimate.

(3)

The Corporation may require an employer to provide further information to support the employer’s estimate.

(4)

As soon as practicable after receiving the earnings figures necessary for the Corporation to recalculate the levy, the Corporation must recalculate the levy and notify the employer of the recalculated levy.

Compare: SR 1999/196 r 6G

Section 174(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 174(2)(a): 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).

174A Corporation may develop and establish workplace incentive programmes

(1)

The Corporation may develop and establish 1 or more workplace incentive programmes to provide incentives for employers and self-employed persons to reduce the incidence, severity, and impact of work-related personal injuries.

(2)

A Work Account levy determined for the purposes of section 168, 168B, or 211 may be adjusted up or down for a particular employer or a particular self-employed person in accordance with the terms and conditions of a workplace incentive programme.

(3)

Regulations made under section 333 may prescribe fees and charges payable by employers and self-employed persons who participate in a workplace incentive programme, including—

(a)

administration fees to meet the costs, or part of the costs, incurred in administering the programme; and

(b)

fees or charges for audits and assessments provided for under section 174D(3).

Section 174A: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).

174B Process to develop workplace incentive programme

(1)

In developing a workplace incentive programme, the Corporation must—

(a)

have regard to the following matters:

(i)

the extent to which the programme is likely to lead to reductions in the incidence, severity, and impact of work-related personal injuries and to improvements in rehabilitation and durable return to work; and

(ii)

the extent to which the programme may affect the Work Account levies payable by levy payers who are not participating in the programme; and

(iii)

the expected administration costs of the programme; and

(iv)

the impact of the programme on the administration of the accident compensation scheme as a whole and on claims management processes; and

(b)

endeavour to ensure that programmes are available for a variety of types of employers and self-employed persons, including small and large businesses; and

(c)

endeavour to ensure that the rates of adjustment to Work Account levies that will be available under the programme are proportionate to the expected increases or decreases in costs to the Corporation as a result of employers and self-employed persons participating in the programme.

(2)

In developing a workplace incentive programme, the Corporation must consult the persons or organisations it considers appropriate, having regard to—

(a)

the potential participants in the programme; and

(b)

the potential impact of the programme on the Work Account levies of non-participating levy payers.

(3)

Subsection (2) does not apply if the Minister determines under section 174C that the workplace incentive programme must be approved by the Minister.

Section 174B: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).

174C Minister’s approval of certain workplace incentive programmes

(1)

The Minister may determine, in relation to any proposed workplace incentive programme, that the programme must be approved by the Minister before it is established under section 174D.

(2)

In deciding whether to make a determination under subsection (1), the Minister may consider any relevant factors, including—

(a)

the public interest; and

(b)

how the proposed workplace incentive programme aligns with the Government’s broader objectives; and

(c)

the impact of the proposed workplace incentive programme on levy payers generally or on particular groups of levy payers; and

(d)

the impact of the proposed workplace incentive programme on levy payers who, despite being eligible to participate in the proposed programme, may choose not to participate.

(3)

If the Minister makes a determination under subsection (1), before the Minister approves the establishment of the workplace incentive programme, the Minister must consult any persons or organisations that the Minister considers appropriate, having regard to—

(a)

the potential participants in the programme; and

(b)

the potential impact of the programme on the Work Account levies of non-participating levy payers.

Section 174C: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).

174D Establishment of workplace incentive programmes

(1)

The Corporation may, by notice in the Gazette, establish a workplace incentive programme.

(2)

A notice in the Gazette under subsection (1) must set out the terms and conditions of the workplace incentive programme, including—

(a)

any criteria that must be met before an employer or a self-employed person may participate in the programme; and

(b)

the basis and conditions on which, and periods for which, Work Account levies may be adjusted for participants in the programme; and

(c)

the level or levels of levy adjustment that may apply to participants in the programme.

(3)

Without limiting subsection (2), a notice in the Gazette under subsection (1) may provide for audits or assessments of participants in the workplace incentive programme, including—

(a)

the order in which applications for audits or assessments are to be dealt with:

(b)

the approval of auditors and assessors:

(c)

requirements that audits or assessments be conducted in accordance with an audit tool or audit tools developed or approved by the Corporation:

(d)

the frequency of audits or assessments and the circumstances under which additional audits or assessments may be required.

(4)

A notice in the Gazette under subsection (1), and an audit tool developed for the purposes of subsection (3)(c), may incorporate by reference any material referred to in section 176, and that section and section 177 apply as if the notice were a regulation made for the purposes of section 175, the audit tool were an audit tool referred to in section 175(4), and the reference to the Minister in section 176(3) were a reference to the Corporation.

(5)

A notice in the Gazette under this section is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 174D: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).

174E Amendments to workplace incentive programme

(1)

A workplace incentive programme may be amended in the same manner as a workplace incentive programme is developed and established.

(2)

Sections 174B to 174D apply, with all necessary modifications, in relation to an amendment to a workplace incentive programme.

(3)

Despite subsection (2), sections 174B(2) and 174C(3) do not apply if the amendment is a minor or technical amendment.

(4)

A notice in the Gazette under this section is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 174E: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).

174F Corporation must report on effectiveness of workplace incentive programmes

The Corporation must include in its annual report under section 150 of the Crown Entities Act 2004 a report on the effectiveness of workplace incentive programmes in reducing the incidence and impact of work-related personal injuries.

Section 174F: inserted, on 4 April 2016, by section 8 of the Accident Compensation Amendment Act 2015 (2015 No 71).

175 Risk adjustment of Work Account levies

(1)

A Work Account levy determined for the purposes of sections 168, 168B, or 211 may be adjusted down, in accordance with regulations made under this Act, for a particular employer or a particular self-employed person on the basis of—

(a)

an audit of the employer’s or the self-employed person’s safety management practices; or

(b)

an assessment of the self-employed person’s safety management capabilities (including, for example, practices and qualifications).

(2)

To avoid doubt, regulations may limit the application of subsection (1) to—

(a)

any 1 or more industries or risk classes:

(b)

particular types of employers or self-employed persons classified in the same industry or risk class.

(3)

A Work Account levy determined for the purposes of section 168 may be adjusted up, in accordance with regulations made under this Act, for a particular employer on the basis of an audit of the employer’s safety management practices.

(4)

An audit of an employer’s or a self-employed person’s safety management practices must, and an assessment of a self-employed person’s safety management capabilities may, be conducted in accordance with an audit tool or audit tools that—

(a)

are approved by the Minister; and

(b)

measure safety management practice or safety management capability, as the case may be, against independent New Zealand or foreign standards.

(5)

If any upward adjustment of levies under subsection (3) is to occur for a particular employer, sections 178 to 180 apply.

(6)

Adjustments to levies may be reassessed on the basis of any new audits or assessments.

(7)

Regulations made for the purposes of subsection (1)(a) or (3) must, and regulations made for the purposes of subsection (1)(b) may, provide for the following matters:

(a)

the level or levels of levy adjustment for different levels of compliance assessed by the audit tool or tools:

(b)

the basis and conditions on which, and periods for which, Work Account levies may be adjusted:

(c)

the frequency of, and circumstances under which, there may be additional audits or assessments of an employer’s or a self-employed person’s safety management practices or capabilities:

(d)

the order in which applications for audits or assessments are to be dealt with:

(e)

the approval of auditors by the Corporation.

(8)

Section 331 (which prescribes consultation requirements for regulations relating to levy setting) applies in relation to the making of regulations for the purposes of this section as if the regulations prescribed rates of levies.

(9)

The Corporation must decide—

(a)

whether an adjustment to a Work Account levy is to be made; and

(b)

the level of any adjustment.

Section 175: substituted, on 1 April 2007, by section 11 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

176 Incorporation by reference

(1)

Regulations made for the purposes of section 175 and the audit tool may incorporate by reference all or any part of any—

(a)

New Zealand standard, or any requirement or recommended practice of any New Zealand organisation; or

(b)

standard, requirement, recommended practice, rule, statute, or regulation, of any foreign Government or organisation.

(2)

Any material incorporated in regulations by reference is to be regarded for all purposes as forming part of the regulations, but any amendment made to the material after the commencement of the regulations does not have effect until regulations have been made incorporating the amendment into the regulations.

(3)

Any material incorporated in the audit tool by reference is to be regarded for all purposes as forming part of the audit tool, but any amendment made to the material after the commencement of the audit tool does not have effect until the amendment has been approved for incorporation in the audit tool by the Minister.

Section 176(1)(a): replaced, on 4 April 2016, by section 10 of the Accident Compensation Amendment Act 2015 (2015 No 71).

177 Copy of audit tool and material incorporated by reference to be available to public

A copy of every audit tool approved by the Minister and of all material incorporated in regulations or the audit tool by reference must be made available by the Corporation for inspection by the public free of charge.

178 Criteria for upward adjustment of levies

(1)

The Corporation may seek to initiate the process in section 179 for the upward adjustment of levies for an employer if it is satisfied that the number and severity of work-related personal injuries occurring to employees of that employer are significantly greater than could reasonably be expected of a comparable employer of that type and size in that industry or risk class.

(2)

Without limiting subsection (1), in deciding under that subsection whether or not to initiate the process in section 179, the Corporation must consider the following matters to the extent that they are relevant:

(a)

information about average rates of claims in that industry or risk class:

(b)

information about the nature and severity of injuries to employees in that industry or risk class:

(c)

information about trends in relation to work-related personal injuries in that industry or risk class:

(d)

the number, nature, and severity of claims for cover accepted for work-related personal injuries by employees of that employer:

(e)

any trends or patterns in the work-related personal injuries suffered by employees of that employer, such as a repetition of claims by particular employees or types of employee, or a repetition of particular types of injury:

(f)

any audit previously undertaken of the employer’s safety management practices:

(g)

any international information that is relevant to the New Zealand situation.

179 Process for Corporation to decide whether to require audit

(1)

The process in this section is initiated by the Corporation giving the employer a notice stating—

(a)

that the Corporation is satisfied of the matter specified in section 178(1); and

(b)

the Corporation’s reasons for its statement under paragraph (a); and

(c)

that the purpose of the process is to decide whether or not the employer’s safety management practices should be audited under section 180; and

(d)

that the Corporation and employer are required to enter into a dialogue about the standard of the employer’s safety management practices; and

(e)

that failure to reach the standard required by the audit or to allow the audit to take place may result in an upwards adjustment of the employer’s levies.

(2)

After the notice is given, the Corporation and employer must enter into a dialogue about the standard of the employer’s safety management practices.

(3)

As part of the dialogue, consideration must be given to whether—

(a)

the employer should initiate a self-audit of its safety management practices:

(b)

the Corporation should assist in such an audit:

(c)

the Corporation should assist the employer to understand the need to improve, and the ways to improve, the employer’s safety management practices.

(4)

As part of the dialogue, the Corporation must give the employer a reasonable opportunity to explain and comment on the health and safety situation in the employer’s workplace.

(5)

When the Corporation and the employer have concluded the dialogue, the Corporation must—

(a)

decide, on the basis of information it has gathered, whether the employer’s safety management practices should be audited under section 180; and

(b)

notify the employer of the decision.

180 Effect of audit or refusal to allow audit

(1)

An audit allowed by an employer must be conducted in accordance with a tool approved by the Minister under section 175(4), which tool may be specially designed for the purposes of this section.

(2)

If the employer refuses to allow an audit to take place, or the audit cannot be completed in a reasonable time because the employer fails to participate or because of the way in which the employer participates in the audit, the Corporation may adjust the employer’s levies upwards without the audit being completed.

(3)

If the employer reaches the standard required by the audit tool, the Corporation must not adjust the employer’s levies upwards.

(4)

If the employer fails to reach the standard required by the audit tool, the Corporation must adjust the employer’s levies upwards in accordance with regulations made for the purposes of section 175.

(5)

To avoid doubt, if an employer whose levies have been adjusted upwards subsequently does reach the standard required by the audit tool and the levies are to be re-adjusted, the levies must be adjusted back to the standard rate for an employer in that industry or risk class.

Section 180(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Accredited employers

181 Interpretation

In this section and in sections 182 to 189, unless the context otherwise requires,—

accreditation agreement means an agreement between the Corporation and an employer entered into, or to be entered into, under the framework

accredited employer means an employer who has entered into an accreditation agreement; and includes the Corporation while it is accredited under section 186

claim management period, in relation to an accredited employer and a work-related personal injury, means the claim management period agreed to in or under the employer’s accreditation agreement, being a period of not less than 12 months and not more than 60 months from the date of the injury

framework means the framework established under or continued by section 183 (as the case requires).

Compare: 1998 No 114 s 326A

182 Objectives of sections 181 to 189

The objectives of sections 181 to 189 are to—

(a)

promote injury prevention and rehabilitation; and

(b)

reduce work-related personal injury claim costs and levies; and

(c)

provide benchmarks against which the extent and management of work-related personal injuries can be measured—

by allowing accredited employers (after consulting their employees or their employees’ representatives, including any union registered under the Employment Relations Act 2000 that their employees belong to) to provide at their own cost entitlements in relation to work-related personal injuries suffered by their employees during a claim management period.

Compare: 1998 No 114 s 326B

183 Framework to be established

(1)

The Minister must, by notice in the Gazette, establish a framework under which the Corporation and an employer may agree that for an agreed period the employer will provide entitlements in relation to work-related personal injuries suffered by the employer’s employees in that employer’s employment.

(2)

The framework must not contain any provision that is inconsistent with any provision of sections 181 to 189.

(3)

The Minister may, by notice in the Gazette, change or replace the framework, after such consultation as the Minister considers appropriate has been undertaken.

(4)

A notice in the Gazette under this section is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(5)

Any framework established under Part 10A of the Accident Insurance Act 1998 that is in force immediately before the commencement of this section is a framework under this section.

Compare: 1998 No 114 s 326C

Section 183(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

184 Accreditation agreements

(1)

An accreditation agreement may provide that—

(a)

the employer is liable for some or all of the cost of providing entitlements in relation to work-related personal injuries suffered by the employer’s employees in that employer’s employment; and

(b)

in return, the Corporation will charge the employer reduced levies in relation to those work-related personal injuries on the basis set out in the framework; and

(c)

some decisions of an employer in relation to a work-related personal injury that are made under an accreditation agreement are, for the purposes of this Act, to be regarded as decisions of the Corporation.

(2)

An accreditation agreement may provide for an accredited employer to recover contributions from insurers, other accredited employers, and the Corporation, in accordance with this Act (for example, in the case of gradual process injuries and subsequent injuries).

(3)

An accreditation agreement may similarly provide for an accredited employer to make contributions to insurers, other accredited employers, and the Corporation, in accordance with this Act.

Compare: 1998 No 114 s 326D

185 Accreditation requirements

(1)

The Corporation may enter into an accreditation agreement with an employer only if, in the opinion of the Corporation, the employer—

(a)

has appropriate experience in managing occupational health and safety issues positively; and

(b)

has demonstrated commitment to injury prevention; and

(c)

has demonstrated understanding and awareness of the importance of—

(i)

rehabilitation; and

(ii)

the employer’s involvement in the rehabilitation of the employer’s employees; and

(d)

has appropriate policies and procedures in place to prevent work-related personal injuries; and

(e)

has adequate resources, policies, and procedures in place to manage work-related personal injury claims; and

(f)

has adequate resources, policies, and procedures in place to promote and manage rehabilitation; and

(g)

has adequate procedures in place to fulfil the reporting requirements in section 189; and

(h)

is able and will continue to be able to meet its expected financial and other obligations in relation to work-related personal injury claims because it is solvent and financially sound; and

(i)

has consulted with the employer’s employees and any representatives of those employees (including any union to which those employees belong that is registered under the Employment Relations Act 2000) about the employer’s ability to comply with paragraphs (a) to (h).

(2)

The Corporation may revoke an accreditation agreement at any time if, in the opinion of the Corporation after discussion with the employer, the employer no longer complies with the framework or no longer fulfils the requirements in paragraphs (a) to (h) of subsection (1).

Compare: 1998 No 114 s 326E

186 Corporation may be accredited employer

(1)

The Corporation can become an accredited employer only in accordance with this section.

(2)

Despite any other provision of sections 181 to 189, the Minister may establish a procedure for the following purposes:

(a)

providing for the Minister to appoint the Corporation as an accredited employer in relation to its employees:

(b)

providing for the manner in which the Corporation is to carry out its functions and duties as an accredited employer:

(c)

providing for any matters that may be provided for in an accreditation agreement under sections 181 to 189.

(3)

In carrying out its functions and duties as an accredited employer, the Corporation must act in accordance with the procedure established under subsection (2).

(4)

The procedure established under subsection (2) must be consistent with sections 181 to 189.

187 Accredited employers to provide entitlements

(1)

An accredited employer must, during the claim management period concerned,—

(a)

manage every work-related personal injury claim relating to injury suffered by an employee of the employer in that employer’s employment during the period specified for the purpose in the accreditation agreement; and

(b)

provide any entitlements, and pay the costs, specified in the accreditation agreement in relation to every such claim.

(2)

Despite subsection (1), the Corporation may agree with an accredited employer to assume some or all of the employer’s liability under subsection (1) on such terms and conditions as the Corporation thinks fit.

(3)

If an accredited employer has ceased to exist or fails or is unable to perform its obligations under an accreditation agreement or this Act,—

(a)

those obligations must be performed by the Corporation; and

(b)

except to the extent otherwise provided in the accreditation agreement, the cost of doing so will constitute a debt due to the Corporation from the accredited employer; and

(c)

for the purposes of any law relating to the ranking of creditors on an insolvency, receivership, or liquidation, that debt is, to the extent it represents payment of weekly compensation to an employee, to be regarded as ranking in priority next after wages or salary.

(4)

The obligations of an accredited employer under, and other provisions of, an accreditation agreement in respect of any work-related personal injury claim relating to injury suffered during the period specified for the purpose in the accreditation agreement continue after the termination of the agreement as if the agreement remained in force.

Compare: 1998 No 114 s 326F

188 Monitoring and audit

(1)

The Corporation must establish a monitoring programme for accredited employers, which may include audits of the activities of accredited employers to ascertain whether—

(a)

the requirements of sections 181 to 189 and of accreditation agreements relating to accredited employers have been met; and

(b)

accredited employers have provided accurate and complete reports to the Corporation in accordance with accreditation agreements.

(2)

Persons carrying out any audit under subsection (1) must, during the course of the audit, give the following an opportunity to be heard in relation to the audit:

(a)

representatives of the accredited employer; and

(b)

representatives of employees of the accredited employer (including any union to which those employees belong that is registered under the Employment Relations Act 2000).

Compare: 1998 No 114 s 326G

189 Reporting and information

(1)

An accredited employer must report to the Corporation in accordance with the accreditation agreement.

(2)

The Corporation may use information received under subsection (1) for the purposes of enabling the information manager to carry out the manager’s functions and duties under Part 8, and for other purposes of this Act.

(3)

All information received by an accredited employer in relation to work-related personal injury claims made by an employee of the employer under the accreditation agreement is the property of the Corporation.

(4)

An accredited employer must provide to each employee, without charge, a written statement that specifies the procedures and requirements under the accreditation agreement in relation to the lodging of claims, provision of rehabilitation, handling of claims, assessment of incapacity, assessment of vocational independence, and dispute resolution.

Compare: 1998 No 114 s 326H

Purchase of weekly compensation by shareholder-employees

190 Purchase of weekly compensation by shareholder-employees

(1)

A shareholder-employee may apply to purchase from the Corporation, in accordance with subsection (2), the right to receive weekly compensation provided in an agreed manner for loss of earnings as a shareholder-employee for any personal injury for which the shareholder-employee has cover under this Act.

(2)

For the purposes of subsection (1), sections 174D, 175, 208(2), 209, 210, 211(1) and (2), and 212, and any relevant regulations made under this Act, apply with necessary modifications, as if the shareholder-employee were a self-employed person.

Section 190(1): amended, on 1 July 2010, by section 19(1)(a) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 190(1): amended, on 1 July 2010, by section 19(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 190(2): amended, on 4 April 2016, by section 11 of the Accident Compensation Amendment Act 2015 (2015 No 71).

Section 190(2): amended, on 1 July 2010, by section 19(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

191 Effect on Work Account levy

(1)

If a shareholder-employee purchases agreed weekly compensation under section 190, the employer of the shareholder-employee is not required to pay the Work Account levy in respect of the earnings of that employee.

(2)

However, subsection (1) does not affect the employer’s obligation to pay the portion of the Work Account levy referred to in section 167(4) that is payable in respect of the earnings of that employee.

Section 191 heading: amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 191(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 191(2): substituted, on 3 March 2010, by section 20 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Residual Claims Account[Repealed]

Heading: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).

192 Application and source of funds
[Repealed]

Section 192: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).

193 Liability to pay Residual Claims levy
[Repealed]

Section 193: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).

194 Rate of levy
[Repealed]

Section 194: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).

195 Classification of industries or risk
[Repealed]

Section 195: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).

196 Classification of employees engaged in 2 or more activities
[Repealed]

Section 196: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).

197 Classification of self-employed persons engaged in 2 or more activities
[Repealed]

Section 197: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).

198 Residual Claims levy where 2 or more employers
[Repealed]

Section 198: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).

199 Promotion of employer involvement
[Repealed]

Section 199: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).

200 Residual Claims levy not payable on earnings over specified maximum
[Repealed]

Section 200: repealed, on 3 March 2010, by section 21 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Self-Employed Work Account[Repealed]

Heading: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

201 Application and source of funds
[Repealed]

Section 201: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

202 Self-employed persons to pay levies
[Repealed]

Section 202: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

203 Rate of levies
[Repealed]

Section 203: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

204 Limit on offsets in case of earnings as self-employed person
[Repealed]

Section 204: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

205 Classification of industries or risk
[Repealed]

Section 205: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

206 Classification of self-employed persons engaged in 2 or more activities
[Repealed]

Section 206: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

206A Risk adjustment of Self-Employed Work Account levy
[Repealed]

Section 206A: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

206B Incorporation by reference
[Repealed]

Section 206B: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

206C Copy of material incorporated by reference to be available to public
[Repealed]

Section 206C: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

207 Self-employed Work Account levy not payable on earnings over specified maximum
[Repealed]

Section 207: repealed, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Purchase of weekly compensation by self-employed persons

208 Purchase of weekly compensation by self-employed persons

(1)

A self-employed person may apply to purchase from the Corporation, in accordance with section 209, the right to receive weekly compensation provided in an agreed manner for loss of earnings as a self-employed person for any personal injury for which the person has cover under this Act.

(2)

Subject to any regulations made under this Act, but otherwise without limitation, the agreement may include—

(a)

provision for the reduction, or progressive reduction, of the agreed level of weekly compensation in the circumstances set out in the agreement, which may include either or both of the following:

(i)

circumstances where the person is able to engage in some employment:

(ii)

circumstances where the person continues to derive earnings while incapacitated:

(b)

entitlement to death benefits for the self-employed person’s spouse or partner, children, or other dependants if the person dies as a result of a personal injury:

(c)

weekly compensation payable for work-related personal injury only or payable for both work-related and non-work personal injury:

(d)

specified levels of weekly compensation for specified periods:

(e)

any combination of the provisions referred to in any of paragraphs (a) to (d).

Compare: 1998 No 114 s 302A

Section 208(2)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

209 Procedure for reaching agreement

(1)

The Corporation must discuss with the self-employed person the options available to the self-employed person and determine a level of weekly compensation that fairly reflects the likely costs of incapacity for the self-employed person having regard to—

(a)

an estimate of the person’s income, net of business costs; and

(b)

an estimate of the cost of any required replacement labour; and

(c)

such other matters as may be relevant to the particular case.

(2)

The amount determined under subsection (1) must not be—

(a)

less than 80% of the amount of weekly earnings specified in clause 42(3) of Schedule 1; or

(b)

more than the maximum amount of weekly compensation specified in clause 46 of Schedule 1.

(3)

The weekly compensation to be provided by the Corporation under this section must be set out in a written agreement between the Corporation and the self-employed person that includes—

(a)

the date on which the right to receive weekly compensation will start, which may be the date on which the agreement is made or any later date; and

(b)

the period for which the agreement has effect; and

(c)

the details of the weekly compensation to be provided under the agreement; and

(d)

those provisions of Parts 2 and 4 of Schedule 1 that are to apply and those provisions that do not apply; and

(e)

the levy payable and the time at which it becomes payable; and

(f)

any other agreed terms.

(4)

The agreement has no effect in respect of any personal injury suffered before the date the agreement is entered into.

(5)

If the self-employed person fails to pay any levy by the time payment is due under the agreement, the agreement has no effect.

(6)

If the self-employed person ceases to be a self-employed person while the agreement has effect, the agreement ceases to have effect as from the time of that change in status.

(7)

Any person who is dissatisfied with a determination of the Corporation under subsection (1) may seek a review by the Corporation of that determination within 3 months after the person is notified of the determination, and Part 5 applies with any necessary modifications.

Compare: 1998 No 114 s 302B

210 Effect of agreement

(1)

A self-employed person who purchases weekly compensation under section 209 is entitled to weekly compensation in the manner agreed by the person and the Corporation, if—

(a)

the person suffers incapacity resulting from a personal injury suffered during the period for which the agreement has effect; and

(b)

the person has cover for the personal injury under Part 2.

(2)

A person who purchases weekly compensation under section 209, suffers personal injury in a particular cover period for which there is an agreement under section 209, and then, when that agreement no longer has effect, suffers incapacity or subsequent incapacity arising from that personal injury, is entitled to receive the following amount of weekly compensation for loss of earnings:

(a)

the amount specified in an agreement made under section 209 that is in force at the time the incapacity commences; or

(b)

the amount calculated under Schedule 1, if no agreement under section 209 exists at the time the incapacity commences.

(3)

A person who purchases weekly compensation under section 209 for loss of earnings as a self-employed person is entitled to receive weekly compensation for loss of earnings as a self-employed person in accordance with the agreement under that section, and Parts 2 and 4 of Schedule 1 apply only to the extent provided in the agreement.

Compare: 1998 No 114 s 302C

Section 210(2): substituted, on 1 July 2005, by section 36(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

211 Levies for self-employed persons who purchase weekly compensation

(1)

A self-employed person who purchases weekly compensation under section 209 must pay a levy determined by the Corporation in accordance with regulations made under this Act.

(2)

The aim of levies payable by persons who purchase weekly compensation under section 209 is that they are sufficient to fully fund the costs arising from the purchase of compensation in the relevant period and, in calculating those costs, regard may be had to the variables of risk and level of compensation purchased.

(3)

In reporting under section 278, the Corporation must separately account for and report on—

(a)

how many persons purchase weekly compensation under section 209; and

(b)

the costs incurred in respect of the provision of weekly compensation under section 210; and

(c)

the extent to which payments of weekly compensation relate to work-related injuries or non-work injuries.

Compare: 1998 No 114 s 302D

212 Earner levies for self-employed persons who purchase weekly compensation

A self-employed person who purchases weekly compensation under section 209 must continue to pay the earner levy required by section 219(1).

Section 212: amended, on 3 March 2010, by section 22 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Motor Vehicle Account

213 Application and source of funds

(1)

The purpose of the Motor Vehicle Account is to—

(a)

finance entitlements provided under this Act in respect of motor vehicle injuries; and

(b)

finance the cost of programmes to improve the safety of moped and motorcycle riders from the levy referred to in subsection (2)(d).

(2)

The funds for the Motor Vehicle Account are to be derived from—

(a)

levies to be paid by every person registered under Part 17 of the Land Transport Act 1998 in respect of a motor vehicle; and

(b)

levies to be paid by every person who holds a trade plate issued under section 262(3) of that Act; and

(c)

a levy to be paid in accordance with section 214(4); and

(d)

the prescribed Motorcycle Safety levy; and

(e)

premiums payable under Part 11 that relate to motor vehicle injuries.

(3)

The levy payable under subsection (2)(c) is payable—

(a)

on any fuel (or any category of fuel) specified in the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996) that is prescribed by regulations made under this Act; or

(b)

in the absence of regulations for the time being in force for the purpose of paragraph (a), on any motor spirit in respect of which excise duty or excise-equivalent duty is for the time being payable under the Customs and Excise Act 1996.

(4)

[Repealed]

(5)

The funds in the Motor Vehicle Account must be applied to meet the costs of—

(a)

entitlements in respect of persons who have cover for personal injury that is a motor vehicle injury; and

(b)

entitlements that are required to be provided in accordance with Part 11 in respect of persons whose entitlements would have been provided from the Motor Vehicle Account under the Accident Insurance Act 1998; and

(ba)

claims that would have been provided from the Motor Vehicle Account under the Accident Rehabilitation and Compensation Insurance Act 1992; and

(c)

administering the Account; and

(d)

any other expenditure authorised by this Act.

(6)

To avoid doubt,—

(a)

subsection (1)(b) does not limit or affect section 263; and

(b)

section 263 (except section 263(3)(b)) applies to the programmes referred to in subsection (1)(b) as if the references to measures in section 263 were references to the programmes.

(7)

Regulations made under this Act may prescribe, in relation to a prescribed period, a portion of the levies (except the Motorcycle Safety levy) to provide for or, to the extent that it is necessary, to provide separately for,—

(a)

the purposes of subsection (5)(a), (b), (c), and (d):

(b)

the purposes of subsection (5)(ba), (c), and (d).

Compare: 1998 No 114 s 291

Section 213(1): substituted, on 3 March 2010, by section 23(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 213(2)(a): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 213(2)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 213(2)(c): substituted, on 1 July 2003, by section 5(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Section 213(2)(d): substituted, on 3 March 2010, by section 23(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 213(3): substituted, on 1 July 2003, by section 5(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Section 213(3)(a): substituted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).

Section 213(4): repealed, on 1 July 2003, by section 5(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Section 213(5)(ba): inserted, on 3 March 2010, by section 23(3) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 213(6): substituted, on 3 March 2010, by section 23(4) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 213(7): added, on 3 March 2010, by section 23(4) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 213(7)(b): amended, on 26 September 2015, by section 336B(2)(a).

214 Rate of levies

(1)

A person registered under Part 17 of the Land Transport Act 1998 in respect of a motor vehicle must pay levies at an annual or other rate or rates prescribed in regulations made under this Act.

(2)

A person who holds a trade plate issued under section 262(3) of the Land Transport Act 1998 must pay levies at an annual or other rate or rates prescribed in regulations made under this Act.

(3)

A registered owner of a motor vehicle that is a moped or motorcycle must pay, in accordance with this Act and regulations made under it, the prescribed Motorcycle Safety levy.

(3A)

Subsection (3) does not limit or affect subsection (1).

(4)

The levy payable under section 213(2)(c) is payable—

(a)

at the rate or rates per litre or other unit prescribed by regulations made under this Act; or

(b)

in the absence of regulations for the time being in force for the purpose of paragraph (a), at the rate of 5.08 cents per litre of motor spirit in respect of which excise duty or excise-equivalent duty is payable under the Customs and Excise Act 1996.

(4A)

In this section and in section 213, a reference to excise duty or excise-equivalent duty being payable includes a reference to excise duty or excise-equivalent duty being payable except that the rate of duty is zero.

(4B)

The levy must be paid to the New Zealand Customs Service—

(a)

by the person who would be liable to pay excise duty or excise-equivalent duty if any were payable; and

(b)

when any excise duty or excise-equivalent duty would be paid if any were payable.

(5)

The rate or rates of the levy prescribed by regulations made under this Act, and the rate prescribed by subsection (4)(b), are exclusive of goods and services tax.

Compare: 1998 No 114 s 292

Section 214(1): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 214(2): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 214(3): substituted, on 3 March 2010, by section 24 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 214(3A): inserted, on 3 March 2010, by section 24 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 214(4): added, on 1 July 2003, by section 6 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Section 214(4A): inserted, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

Section 214(4B): inserted, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

Section 214(5): added, on 1 July 2003, by section 6 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

215 Basis on which funds to be calculated
[Repealed]

Section 215: repealed, on 26 September 2015, by section 336B(2)(b).

216 Levy categories

(1)

Regulations made under this Act may establish a system for differential levies in relation to all or any of the following or categories of the following:

(a)

motor vehicles:

(b)

persons registered under Part 17 of the Land Transport Act 1998 in respect of motor vehicles:

(c)

persons who hold trade plates under section 262(3) of the Land Transport Act 1998.

(d)

fuel in respect of which a levy is payable under section 213(2)(c).

(2)

The regulations may also classify all or any of the following, or categories of the following, into classes that most accurately describe their risk rating and may impose levies at different rates in relation to those classes in accordance with the system of differential levies referred to in subsection (1):

(a)

motor vehicles:

(b)

registered owners of motor vehicles:

(c)

persons who hold trade plates under section 262(3) of the Land Transport Act 1998.

(3)

Subsection (2) does not limit subsection (1).

Compare: 1998 No 114 s 294

Section 216(1)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 216(1)(c): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 216(1)(d): added, on 1 July 2003, by section 7 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Section 216(2): added, on 3 March 2010, by section 26 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 216(2)(c): amended, on 5 December 2013, by section 5 of the Accident Compensation Amendment Act (No 2) 2013 (2013 No 105).

Section 216(3): added, on 3 March 2010, by section 26 of the Accident Compensation Amendment Act 2010 (2010 No 1).

217 Collection of levies

(1)

The levies payable under section 214(1) or (2) are payable on application for a motor vehicle licence under section 244 of the Land Transport Act 1998 or on application for a trade plate under section 262 of that Act (as the case may require) or in any other prescribed manner.

(2)

The levy payable under section 213(2)(c) on any fuel is payable—

(a)

in the manner prescribed by regulations made under this Act; or

(b)

in the absence of regulations for the time being in force for the purpose of paragraph (a), with any excise or excise-equivalent duty that is payable on that fuel.

(3)

The Motorcycle Safety levy is payable in the prescribed manner.

(4)

Any person who receives any payment of any motor vehicle levy payable to the Corporation must pay that levy to the Corporation not later than the end of the month after the month in which that levy is received.

(4A)

However, in the case of the levy payable under section 213(2)(c), an agent who collects any amount of the levy on the Corporation’s behalf must pay that amount to the Corporation—

(a)

in the manner prescribed by regulations made under this Act; or

(b)

in the absence of regulations for the time being in force for the purpose of paragraph (a), in the manner agreed by the Corporation and the agent.

(5)

No penalty is payable in respect of any amount due under this section if the person satisfies the Corporation that the motor vehicle was not used on a road during the period for which the levy was due but not paid.

(6)

Subsection (5) does not apply to the levy payable under section 213(2)(c).

Compare: 1998 No 114 s 295

Section 217(1): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 217(2): substituted, on 1 July 2003, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Section 217(3): substituted, on 3 March 2010, by section 27 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 217(4A): inserted, on 1 July 2003, by section 8(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Section 217(6): added, on 1 July 2003, by section 8(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Earners’ Account

218 Application and source of funds

(1)

In this section, unless the context otherwise requires, non-work injury means a personal injury covered by this Act other than—

(a)

a work-related personal injury; or

(b)

a work injury within the meaning of the Accident Rehabilitation and Compensation Insurance Act 1992; or

(c)

a motor vehicle injury; or

(d)

a treatment injury.

(2)

The purpose of the Earners’ Account is to finance entitlements provided under this Act in respect of personal injury to earners who suffer personal injury that is a non-work injury.

(3)

The funds for the Earners’ Account are to be derived from—

(a)

levies payable under section 219 (including premiums payable by virtue of Part 11); and

(b)
[Repealed]

(c)

levies payable by persons under section 223 (the purchase of weekly compensation by non-earners); and

(d)

payments made to the Corporation in respect of obligations for non-work injury taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000 in relation to accident insurance contracts for self-employed persons.

(4)

The funds in the Earners’ Account must be applied to meet the costs of—

(a)

entitlements in respect of earners who have cover for personal injury that is a non-work injury; and

(b)

entitlements required to be funded in accordance with section 228 (the Treatment Injury Account); and

(c)

weekly compensation required to be provided to a person covered by section 223; and

(d)

entitlements that are required to be provided in accordance with Part 11 in respect of persons whose entitlements would have been provided from the Earners’ Account under the Accident Insurance Act 1998; and

(e)

entitlements in respect of obligations for non-work injury taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000 in relation to accident insurance contracts for self-employed persons; and

(ea)

claims that would have been provided from the Earners’ Account under the Accident Rehabilitation and Compensation Insurance Act 1992; and

(f)

administering the Account; and

(g)

any other expenditure authorised by this Act.

(5)

Regulations made under this Act may prescribe, in relation to a prescribed period, a portion of the levies to provide for or, to the extent that it is necessary, to provide separately for,—

(a)

the purposes of subsection (4)(a) to (e), (f), and (g):

(b)

the purposes of subsection (4)(ea), (f), and (g).

Compare: 1998 No 114 s 282

Section 218(1)(d): substituted, on 1 July 2005, by section 37 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 218(3)(b): repealed, on 3 March 2010, by section 28(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 218(4)(b): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 218(4)(ea): inserted, on 3 March 2010, by section 28(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 218(5): substituted, on 3 March 2010, by section 28(3) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 218(5)(b): amended, on 26 September 2015, by section 336C(2)(a).

219 Earners to pay levies

(1)

An earner must pay, in accordance with this Act and regulations made under it, levies to fund the Earners’ Account.

(2)

[Repealed]

(3)

A levy must relate to a prescribed period.

Compare: 1998 No 114 s 283

Section 219(2): repealed, on 3 March 2010, by section 29 of the Accident Compensation Amendment Act 2010 (2010 No 1).

220 Rate of levies

(1)

Levies must be paid under section 219 at a rate or rates prescribed by regulations made under this Act and must be related in whole or in part to the level of earnings derived or deemed by regulation to be derived by the earner or category of earner.

(2)

[Repealed]

Compare: 1998 No 114 s 284

Section 220(2): repealed, on 3 March 2010, by section 30 of the Accident Compensation Amendment Act 2010 (2010 No 1).

220A Basis on which funds to be calculated
[Repealed]

Section 220A: repealed, on 26 September 2015, by section 336C(2)(b).

221 Collection of levies by deduction from employee earnings

(1)

For the purpose of enabling the collection of the levies payable under section 219 by instalments,—

(a)

when an employer or a PAYE intermediary for an employer makes a payment to an employee that is included in the earnings of the person as an employee of the employer, the employer or person must, at the time of making that payment, make a deduction in accordance with this section from that amount on account of the levy payable:

(b)

when a private domestic worker receives earnings that are earned in that person’s capacity as a private domestic worker, the private domestic worker must, at the time of receiving that payment, make a deduction in accordance with this section from that amount on account of the levy payable.

(2)

Schedule 4 applies to any deduction under subsection (1), and applies to private domestic workers with any necessary modifications.

(3)

In this section, PAYE intermediary means a PAYE intermediary as defined in section YA 1 of the Income Tax Act 2007.

Section 221(1): amended, on 3 March 2010, by section 32 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 221(1)(a): amended, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1 April 2004), by section 167(1)(a) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).

Section 221(1)(a): amended, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1 April 2004), by section 167(1)(b) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).

Section 221(3): added, on 26 March 2003 (applying to obligations under the principal Act that arise on and after 1 April 2004), by section 167(2) of the Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5).

Section 221(3): 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).

222 Payment of Earners’ Account levy by self-employed persons

(1)

A self-employed person must pay the levies payable under section 219 by the date specified for payment, whether in an invoice or other appropriate document given to the self-employed person by the Corporation or an agent of the Corporation.

(2)

Schedule 4 applies to any payment made under subsection (1) if the Commissioner collects the levy.

Section 222 heading: amended, on 3 March 2010, by section 33 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Purchase of weekly compensation for periods outside employment

223 Persons eligible to purchase weekly compensation

(1)

A person who is or has been an earner and is a person described in subsection (2) may apply to purchase from the Corporation the right to receive weekly compensation in respect of a period for which the person would not otherwise be entitled to receive weekly compensation.

(2)

The application may be made only by a person who—

(a)

makes the application while still in employment or within 1 month after ceasing employment; and

(b)

pays the levy when required to do so.

(3)

The application must specify—

(a)

the date on which the right to receive weekly compensation will start, which may be the date on which the application is made or any later date; and

(b)

the period for which the application is applicable, which may not be more than 2 years; and

(c)

an amount that is to be regarded as the earnings of the person for the purpose of the application, which may not exceed the weekly earnings of the person calculated under Schedule 1 as if—

(i)

the person were in permanent employment; and

(ii)

the person had an incapacity that commenced on the last full day of the employment referred to in subsection (2)(a) and that resulted from a personal injury for which he or she had cover; and

(iia)

the weekly earnings were to be calculated for a period of incapacity after the first 5 weeks of incapacity; and

(iii)

the person would have continued to derive earnings from that employment but for that incapacity.

(4)

The application has no effect in respect of any personal injury suffered before the application is made.

(5)

A person who has cover under this section for any period is entitled to renew his or her cover if he or she does not return to work before that cover period expires.

(6)

A person who is on parental leave within the meaning of the Parental Leave and Employment Protection Act 1987, or who has had an application for parental leave approved under that Act, is regarded as being still in employment for the purposes of subsection (2) and, for the purposes of subsection (3)(c), the person’s weekly earnings are to be calculated as if the period of incapacity was before the commencement of the person’s parental leave.

Compare: 1998 No 114 s 286

Section 223(2): substituted, on 1 July 2005, by section 38 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 223(3)(b): amended, on 1 August 2008, by section 24(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 223(3)(c)(i): amended, on 1 July 2010, by section 34 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 223(3)(c)(ii): substituted, on 1 August 2008, by section 24(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 223(3)(c)(iia): inserted, on 1 August 2008, by section 24(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 223(6): substituted, on 1 August 2008, by section 24(4) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

224 Compensation for persons who purchase weekly compensation

(1)

A person who has purchased the right to receive weekly compensation under section 223 is entitled to weekly compensation for loss of potential earning capacity as if that person had earnings at the rate specified in the relevant agreement between the person and the Corporation, and Part 4 and Parts 2 and 4 of Schedule 1 apply accordingly, if the person—

(a)

suffers incapacity resulting from personal injury during the period for which the right to receive weekly compensation is applicable; and

(b)

has cover in relation to the personal injury under Part 2.

(2)

Weekly compensation for loss of potential earning capacity under this section is payable for not more than 5 years after the date on which incapacity first commenced.

(3)

Subsection (1) is subject to section 226 (resumption of employment).

Compare: 1998 No 114 s 287

225 Levies for persons who purchase weekly compensation

(1)

Levies collected under section 223(2) are to be used to fund the Earners’ Account.

(2)

The levy payable may be prescribed in regulations made under this Act and must be assessed by the Corporation in any case where no levy is so prescribed.

(3)

Levies are to be prescribed or assessed with the aim of their being sufficient to fully fund the costs arising from the rights purchased under section 223 in that year.

Compare: 1998 No 114 s 288

226 Resumption of employment by persons who purchased weekly compensation

(1)

This section applies where a person who has purchased the right to receive weekly compensation under section 223 resumes employment and the right is still applicable.

(2)

The person may terminate the right to receive weekly compensation early, on application to the Corporation, in which case the person is entitled to receive a refund of the levy paid in respect of the period between the date of the application and the date on which the right would otherwise terminate (so long as that period is greater than 3 months).

(3)

If no application to terminate the right to receive weekly compensation is made, the right is converted into a right to receive a top-up from the Corporation if the person becomes entitled to weekly compensation.

(4)

The amount of the top-up is the amount (if any) by which the weekly compensation payable to the person calculated as if no right to receive weekly compensation had been purchased is less than the amount that would have been payable under the right if the person had not resumed employment.

Compare: 1998 No 114 s 289

Non-Earners’ Account

227 Application and source of funds

(1)

The purpose of the Non-Earners’ Account is to finance entitlements provided under this Act in respect of personal injury (other than motor vehicle injury or treatment injury) to non-earners.

(2)

The funds for the Non-Earners’ Account are to be derived from appropriations by Parliament to the Non-Earners’ Account.

(3)

The funds in the Non-Earners’ Account must be applied to meet the costs of—

(a)

entitlements in respect of non-earners who have cover for personal injury (other than motor vehicle injury or treatment injury); and

(b)

entitlements in respect of employees of foreign representatives who suffer work-related personal injury in their employment with that foreign representative; and

(c)

entitlements required to be funded in accordance with section 228(2)(b); and

(d)

entitlements that are required to be provided in accordance with Part 11 in respect of persons whose entitlements would have been provided from the Non-Earner’s Account under the Accident Insurance Act 1998; and

(e)

administering the Account; and

(f)

any other expenditure authorised by this Act.

(4)

The Minister may direct the Corporation to repay to the Crown any surplus funds held in the Non-Earners’ Account.

(5)

This section is not limited by any provision in the Crown Entities Act 2004.

Compare: 1998 No 114 s 290

Section 227(1): amended, on 1 July 2005, by section 39 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 227(3)(a): amended, on 1 July 2005, by section 39 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 227(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 227(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Treatment Injury Account

Heading: substituted, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

228 Application and source of funds

(1)

The purpose of the Treatment Injury Account is to finance entitlements provided under this Act in respect of—

(a)

treatment injury (other than the excluded kind of injury specified in subsection (3)); or

(b)

personal injury caused by medical misadventure for which cover was accepted before 1 July 2005 or is accepted in accordance with section 34.

(2)

The funds for the Treatment Injury Account are to be derived from—

(a)

any levies payable by registered health professionals or any organisation that provides treatment under this Act, or a prescribed class of such persons or organisations; and

(b)

if there is no such levy or the levy relates only to funding part of the Account, from the Earners’ Account (in the case of an earner) or the Non-Earners’ Account (in the case of a non-earner); and

(c)

in the case of injuries suffered before the prescribed date from which levies become payable, from the Earners’ Account (in the case of an earner) or the Non-Earners’ Account (in the case of a non-earner).

(3)

The excluded kind of injury is treatment injury, where the treatment is provided for a work-related personal injury.

(4)

The funds in the Treatment Injury Account must be applied to meet the costs of—

(a)

entitlements in respect of persons who have cover for treatment injury (other than the excluded kind of injury specified in subsection (3)); and

(b)

administering the Account; and

(c)

any other expenditure authorised by this Act.

Compare: 1998 No 114 s 296

Section 228(1): substituted, on 1 July 2005, by section 40(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 228(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 228(2): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 228(3): substituted, on 1 July 2005, by section 40(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 228(4): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 228(4)(a): substituted, on 1 July 2005, by section 40(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

229 Levy categories and rates

(1)

For the purposes of this section, regulations made under this Act may—

(a)

prescribe levies in relation to treatment injury:

(b)

prescribe classes of persons or organisations who are liable to pay levies under this section:

(c)

define those classes according to the profession concerned, the nature of the employment of the professional, any areas of specialisation, any areas in which the person does not practise, or on any other basis specified in the regulations.

(2)

Levies are payable by such persons or classes of persons or organisations as may be specified for the purpose by regulations made under this Act, and those levies are payable at a rate or rates prescribed by the regulations.

(3)

If levies are so payable, the levies must be calculated so that the cost of all claims (of the type covered by the levy) under the Treatment Injury Account is to be fully funded, unless the Minister otherwise directs under section 103 of the Crown Entities Act 2004.

(4)

Claims referred to in subsection (3) do not include treatment injury suffered before the prescribed date from which premiums become payable under this section.

(5)

A levy must relate to a prescribed period.

Compare: 1998 No 114 s 297

Section 229(1)(a): substituted, on 1 July 2005, by section 41(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 229(3): amended, on 18 July 2013, by section 42 of the Crown Entities Amendment Act 2013 (2013 No 51).

Section 229(3): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 229(4): amended, on 1 July 2005, by section 41(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

230 Collection of levies

(1)

Levies payable in respect of the Treatment Injury Account are payable to the Corporation in a prescribed manner, which may be linked to the payment of annual practising fees or involve any other method of payment.

(2)

Any person who receives any payment of a treatment injury levy payable to the Corporation must pay that levy to the Corporation not later than the end of the month after the month in which that levy is received.

Compare: 1998 No 114 s 298

Section 230(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 230(2): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

General levy provisions

231 Mixed earnings as employee and self-employed person

(1)

This section applies to persons who, in a tax year, have both earnings as an employee and earnings as a self-employed person.

(2)

If such a person’s earnings as an employee for the tax year exceed the specified maximum in relation to the earner levy, the person is not obliged to pay the levy on the person’s earnings as a self-employed person for the tax year.

(3)

If the person’s earnings as an employee for the tax year do not exceed the specified maximum, the levy payable is to be calculated on the basis of an amount equal to the lesser of—

(a)

the specified maximum for the earner levy reduced by the person’s earnings as an employee for the tax year; and

(b)

the person’s earnings as a self-employed person for the tax year.

(4)

[Repealed]

(5)

[Repealed]

Compare: SR 1999/196 rr 12–13

Section 231(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 231(2): 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 231(3): 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 231(3)(a): 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 231(3)(b): 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 231(4): repealed, on 3 March 2010, by section 35 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 231(5): repealed, on 3 March 2010, by section 35 of the Accident Compensation Amendment Act 2010 (2010 No 1).

232 Work Account levy payable by employers on disposal or cessation of business or when ceasing to employ

(1)

This section applies to every employer who disposes of or otherwise ceases carrying on a business in respect of which the employer is liable to pay a Work Account levy or who continues the business as a self-employed person without employing any other person.

(2)

An employer must comply with subsection (3) by the 15th day of the second month after the month in which the employer disposes of or ceases carrying on the business or continues the business as a self-employed person without employing any other person.

(3)

An employer must—

(a)

notify the Corporation of the date of disposal or cessation of the business or of continuing the business as a self-employed person without employing any other person; and

(b)

provide the Corporation with a statement of the relevant employee earnings for that part of the last tax year during which the employer was in business.

(4)

As soon as practicable after receipt of information regarding an employer’s relevant employee earnings for the last tax year, the Corporation must calculate the Work Account levy based on the relevant employee earnings actually paid by the employer for the tax year and comply with section 173(2) in respect of any overpayment or underpayment of levy.

Compare: SR 1999/196 r 19

Section 232 heading: amended, on 3 March 2010, by section 36(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 232 heading: amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 232(1): amended, on 3 March 2010, by section 36(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 232(1): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 232(2): substituted, on 3 March 2010, by section 36(3) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 232(3)(b): 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 232(4): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 232(4): 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).

233 Levies payable to Corporation by self-employed person who ceases to derive earnings as such

(1)

Every self-employed person who, during a tax year, ceases to derive earnings as a self-employed person must—

(a)

deliver to the Commissioner a statement of the person’s earnings as a self-employed person for the tax year concerned, within the applicable time within which a return for that tax year is required to be furnished to the Commissioner under the Tax Administration Act 1994; and

(b)

pay to the Corporation, on or before the due date,—

(i)

the Work Account levy, at the rate prescribed, to the extent that it applied to the person’s earnings as a self-employed person in that tax year; and

(ii)

the earner levy, at the rate prescribed, to the extent that it applied to the person’s earnings as a self-employed person in that tax year.

(2)

The provisions of this section (other than subsection (1)(b)(ii)) and sections 239 and 329(1)(b) apply, with any necessary modifications, to private domestic workers.

Section 233: substituted, on 3 March 2010, by section 37 of the Accident Compensation Amendment Act 2010 (2010 No 1).

234 Levies may be collected by instalments

(1)

The Corporation may collect any levy by instalments if the person liable to pay the levy agrees.

(2)

The Corporation may charge a reasonable fee to recover its costs of collecting any levy by instalments.

(3)

A fee charged under subsection (2) forms part of the associated levy for collection purposes.

235 Collection of levies from self-employed and employers
[Repealed]

Section 235: repealed, on 3 March 2010, by section 38 of the Accident Compensation Amendment Act 2010 (2010 No 1).

236 Challenges to levies

(1)

Any person who is dissatisfied with any decision of the Corporation in respect of any levy paid or payable or claimed to be payable under this Part by that person may seek a review by the Corporation of that decision within 3 months after the person is notified of the decision.

(2)

However, no right of review exists under this Act in respect of the calculation for the purposes of the Income Tax Act 2007 of the taxable income of any person or in respect of the levy payable under section 213(2)(c).

(3)

The entitlements that have been given or are to be given to any person under this Act may not be challenged in any review under subsection (1).

(4)

A review brought under subsection (1) must be dealt with by the Corporation under Part 5, and that Part (including the provisions relating to appeals) applies with any necessary modifications.

Compare: 1998 No 114 s 310

Section 236(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).

Section 236(2): amended, on 1 July 2003, by section 9 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

237 Corporation may revise decisions

(1)

If the Corporation considers it made a decision in error about levies payable by a person, it may, subject to section 243(3), revise the decision at any time, whatever the reason for the error.

(2)

A revision may—

(a)

amend the original decision; or

(b)

revoke the original decision and substitute a new decision.

(3)

An amendment to a decision, and a substituted decision, is a fresh decision.

Compare: 1998 No 114 s 311

238 Effect of review or appeal about levy

No obligation to pay any levy, and no right to receive or recover any levy, is suspended because—

(a)

an applicant has made a review application relating to the levy in accordance with section 236; or

(b)

an appellant has filed a notice of appeal relating to the levy in accordance with section 236(4); or

(c)

any person has challenged the amount of levy, or the obligation to pay it, in any other proceedings.

Compare: 1998 No 114 s 312

239 Corporation to define risk classification and decide levy if activity not classified by regulations

(1)

This section applies if none of the classifications of industry or risk defined by the regulations made for the purposes of section 170 (Work Account) specifically applies to the activity of a particular employer or self-employed person.

(2)

When this section applies,—

(a)

the Corporation may define a classification of industry or risk that it considers is appropriate in relation to that employer or self-employed person and decide the levy for that classification of industry or risk; and

(b)

that classification of industry or risk applies to all employers or self-employed persons involved in that activity who are not covered by a classification defined by the regulations; and

(c)

that classification of industry or risk has effect as if it were defined by the regulations; and

(d)

the Corporation must recommend to the Minister whether or not the classification of industry or risk should be incorporated in the relevant regulations when those regulations are next amended.

Section 239(1): amended, on 3 March 2010, by section 39 of the Accident Compensation Amendment Act 2010 (2010 No 1).

240 Determinations

For the purposes of this Part, the Corporation may determine—

(a)

whether any income derived by a person is earnings as an employee or earnings as a self-employed person; and

(b)

whether a person is an employer, an employee, or a self-employed person, or any category of employer, employee, or self-employed person; and

(c)

such other related matters as it considers necessary or relevant for the purpose of assessing the amount of any levy payable.

Compare: SR 1996/196 r 23

241 Statements

(1)

An employer and an earner must provide such statements of earnings or estimates of earnings as the Corporation may require.

(2)

Statements required under subsection (1) must be in such form and contain such particulars as the Corporation may determine.

(3)

The Corporation may require any person who provides a statement under subsection (1) to provide further information, and the person must comply with the requirement.

Compare: SR 1999/196 r 24

242 Failure to provide statement

(1)

A person who is required to deliver any statement, document, or other information under section 241 and who intentionally fails to do so commits an offence against this Act, and is liable on conviction to the penalty specified in section 315.

(2)

Subsection (1) does not apply where a statement, document, or other information is to be provided to the Commissioner as an agent of the Corporation.

Compare: SR 1999/196 r 27

Section 242(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

243 Power to assess levies

(1)

The Corporation may determine the amount of levy that ought to be or to have been paid in any case where—

(a)

an accurate statement of the matters required to be stated in relation to earnings under this Act or regulations made under this Act has not been made; or

(b)

the Corporation is not satisfied with the statement; or

(c)

the Corporation is not satisfied that the proper levy has been paid.

(2)

Subject to subsection (3), the Corporation may at any time alter or add to the determination made under subsection (1) if such action is necessary to ensure its correctness.

(3)

If a statement has been delivered in respect of any period and a levy has been paid in respect of that period, the Corporation has no power to make a determination (if a determination has not been made), or alter a determination (if a determination has been made), after the expiration of 4 years beginning on the close of the tax year in which the statement was made unless that statement was, in the opinion of the Corporation, fraudulent or wilfully misleading.

(4)

The Corporation must give written notice of the determination or alteration of the determination under this section to the person or persons to whom it applies and that person or persons are liable to pay the determined or altered levy, and any specified penalty, on the date specified in the notice of decision.

Compare: 1998 No 114 s 314

Section 243(3): 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).

244 Amounts of levy exempt from payment

(1)

This section applies if—

(a)

an invoice is issued for the purpose of this Act (whether or not only for that purpose or also for the purpose of any other enactment) that shows an amount payable under this Act for a single type of levy or for 2 or more different types of levy; and

(b)

the amount invoiced for the purpose of this Act does not exceed the relevant exempt amount set by regulations made under this Act for the purpose of this section.

(2)

If this section applies,—

(a)

no person is liable to pay the amount of the levy or levies shown on the invoice for the purpose of this Act; and

(b)

no person is liable to pay any penalties under this Act in respect of non-payment of the levy or levies.

Section 244: substituted, on 1 April 2006, by section 44 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

245 Agent to whom levies may be paid

(1)

If the Corporation so requires, a person must pay levies (or any part of any levy) payable under this Act to the Commissioner as agent for the Corporation.

(2)

The Commissioner must, after deducting any agreed collection fee, pay the balance of levies to the Corporation not later than the end of the month following the month in which those levies are received.

(3)

The Commissioner must, after deducting any agreed collection fee, pay to the Corporation, at intervals agreed between the Commissioner and the Corporation, penalties payable in respect of combined tax and earner levy deductions as is estimated by the Commissioner to be attributable to earner levy deductions.

(4)

If the Commissioner is acting as agent for the Corporation under this section, the provisions of the Tax Administration Act 1994, so far as they are applicable, apply as if—

(a)

this Act were one of the Inland Revenue Acts and the levy were a tax or duty under one of the Inland Revenue Acts; and

(b)

every offence under the Tax Administration Act 1994 were an offence against this Act.

(5)

This section does not prevent the Corporation from using any other agent for the purposes of levy collection.

Compare: 1998 No 114 s 316

246 Information available to Corporation

(1)

The purpose of this section is to enable the Corporation to establish liability for levies under this Part effectively in relation to employers, self-employed persons, and private domestic workers, and to shareholder-employees to whom section RD 3(2) to (4) of the Income Tax Act 2007 applies.

(2)

The Corporation may, for the purposes of this section, from time to time request the Commissioner to provide a list of all those employers, self-employed persons, private domestic workers, and shareholder-employees, or of any category of those employers, self-employed persons, private domestic workers, and shareholder-employees as the Corporation may specify.

(3)

The list is to include the names of the employers, self-employed persons, and private domestic workers, and shareholder-employees to whom section RD 3(2) to (4) of the Income Tax Act 2007 applies, their addresses and ACC file numbers, and (if available) the time at which the employers, self-employed persons, private domestic workers, and shareholder-employees became or ceased to be employers, self-employed persons, private domestic workers, or shareholder-employees.

(4)

The Corporation may request the Commissioner to provide any information relating to an employer’s, self-employed person’s, or private domestic worker’s industry classification and the total amount paid by an employer or a private domestic worker as earnings as an employee, or as earnings as a shareholder-employee to whom section RD 3(2) to (4) of the Income Tax Act 2007 applies, or (in the case of a self-employed person) the earnings as a self-employed person that the Corporation may specify for the purposes of this section.

(4A)

The Corporation may also request the Commissioner to provide any of the following information:

(a)

whether an employer, self-employed person, private domestic worker, or shareholder-employee to whom section RD 3(2) to (4) of the Income Tax Act 2007 applies has a tax agent and, if so, the tax agent’s name and contact details:

(b)

for an employer, self-employed person, private domestic worker, or shareholder-employee to whom section RD 3(2) to (4) of the Income Tax Act 2007 applies who is an individual, whether the individual is deceased and, if so,—

(i)

the individual’s date of death; and

(ii)

the name and contact details of the administrator or executor of the individual’s estate.

(4B)

In this section, tax agent has the same meaning as in section 3 of the Tax Administration Act 1994.

(5)

The Commissioner, as agent for the Corporation, is authorised to comply with requests made under this section.

(6)

Any information provided by the Commissioner under this section must be provided under an agreement between the chief executive of the Corporation and the Commissioner.

(7)

If a determination of a levy payable to the Corporation is based on information received from the Commissioner under this section, and the notice of the determination given to the individual concerned specifies the particular information received from the Commissioner, and that notice advises the individual of a right to show why that information should not be used as the Corporation is using it in the determination, then that notice satisfies the requirements of section 103 of the Privacy Act 1993.

Compare: 1998 No 114 s 281G

Section 246(1): 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 246(3): 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 246(4): 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 246(4A): inserted, on 3 March 2010, by section 40 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 246(4B): inserted, on 3 March 2010, by section 40 of the Accident Compensation Amendment Act 2010 (2010 No 1).

247 Change of balance date

If any person (with the consent of the Commissioner) changes the date of the annual balance of the person’s accounts for the purposes of the Tax Administration Act 1994,—

(a)

the person must comply with such requirements from time to time notified by the Corporation concerning the delivery of statements as, in the opinion of the Corporation, are necessary in order for the Corporation to make consequential adjustments in relation to the person; and

(b)

the Corporation must notify the person in writing of any consequential adjustments made.

Compare: SR 1996/196 r 26

General administration

248 Recovery of debts by Corporation

(1)

The following are a debt due to the Corporation:

(a)

a sum (an overpayment) paid under this Act by the Corporation, being—

(i)

a sum paid to a person that is in excess of the amount to which the person is entitled under this Act or that was payable under a former Act; or

(ii)

a sum paid to a person who has no entitlement to it under this Act:

(b)

an amount of levy payable under this Act, or a premium or levy payable under a former Act, that remains unpaid after payment is due:

(c)

any penalty or interest payable under this Act or any former Act:

(d)

any fee charged under section 234(2) (which applies if a levy is paid by instalments):

(e)

any amount payable to the Corporation and received by another person as an agent of the Corporation.

(2)

The Corporation may—

(a)

recover the debt by way of proceedings; or

(b)

deduct all or part of the debt from any amount payable to that person by the Corporation (whether or not in respect of any or the same personal injury).

(3)

This section is subject to section 251.

Compare: 1998 No 114 s 320

249 Penalties due to Corporation in respect of overpayments

(1)

The following penalties are payable to the Corporation by a person who receives an overpayment from the Corporation:

(a)

a penalty of 10% of an overpayment if the overpayment is made as a result of a failure by the person to inform the Corporation of any matter that the person ought to have known was relevant to the payment:

(b)

a penalty of up to 3 times the overpayment if the overpayment is made as a result of an incorrect statement knowingly made by the person on any matter relevant to the payment for the purpose of receiving a payment to which the person was not entitled.

(2)

The liability to pay the penalty is in addition to the liability to repay the overpayment.

Compare: 1998 No 114 s 321

250 Penalties and interest due to Corporation in respect of unpaid levies

(1)

This section applies if any levy payable under this Act or any former Act is unpaid on the day that is 30 days after the date on which payment is due.

(2)

The due date for payment may not be less than 30 days after the date of the notice advising that the levy is payable.

(3)

A person who owes such a levy to the Corporation is liable to pay to the Corporation interest assessed at the rate and applied by the method (if any) prescribed by regulations made under this Act, which is payable on—

(a)

any unpaid levy; and

(b)

any unpaid instalment payment in respect of any levy; and

(c)

any unpaid interest that has been charged already.

(4)

If the total amount referred to in subsection (3)(a) to (c) has not been paid within 210 days after the due date, the person is liable to pay to the Corporation a further penalty at the rate of 10% in respect of the total unpaid amount; and, every 180 days after that 210-day period, the person is liable to pay to the Corporation a further penalty at the rate of 10% in respect of the total amount that remains unpaid.

(5)

The Corporation must give a person to whom subsection (4) applies at least 15 days’ notice of—

(a)

the total amount referred to in subsection (3)(a) to (c); and

(b)

the rate of penalty; and

(c)

the date on and from which the penalty is to be applied.

(6)

A person to whom this section applies is not liable to pay interest and penalties under this section more than an amount equal to 3 times the amount of the unpaid levy or overdue instalment debt.

(7)

This section does not apply to a levy payable to the Commissioner.

(8)

The liability to pay the penalty and interest is in addition to a liability to pay the levy.

(9)

This section does not limit section 217.

(10)

References in this section to a levy under a former Act include a premium under a former Act.

Compare: 1998 No 114 s 322

Section 250(1): amended, on 1 August 2008, by section 25(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 250(2): amended, on 1 August 2008, by section 25(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 250(4): amended, on 1 August 2008, by section 25(3)(a) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 250(4): amended, on 1 August 2008, by section 25(3)(b) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 250(4): amended, on 1 August 2008, by section 25(3)(c) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Recovery of payments

251 Recovery of payments

(1)

If a person receives a payment from the Corporation in good faith, the Corporation may not recover all or part of the payment on the ground only that the decision under which the payment was made has been revised on medical grounds under section 65.

(2)

The Corporation may not recover any part of a payment in respect of entitlements that was paid as a result of an error not intentionally contributed to by the recipient if the recipient—

(a)

received the payment in good faith; and

(b)

has so altered his or her position in reliance on the validity of the payment that it would be inequitable to require repayment.

(3)

The Corporation may not recover payments to which section 65(2) (revision of deemed decisions) applies.

Compare: 1998 No 114 s 372

Relationship with social security benefits

252 Relationship with social security benefits: reimbursement by Corporation

(1)

This section applies if a person—

(a)

receives a payment of an income-tested benefit under the Social Security Act 1964 in respect of a period; and

(b)

establishes a claim to an entitlement from the Corporation in respect of all or part of the same period.

(2)

An excess benefit payment is regarded as having been paid in respect of that entitlement.

(3)

An excess benefit payment is the part of the benefit payment (up to the amount of the entitlement) that is in excess of the amount of benefit properly payable, having regard to the entitlement under this Act.

(4)

The Corporation must refund the excess benefit payment to the department responsible for the administration of the Social Security Act 1964

(a)

if the Corporation knows that this section applies; or

(b)

if requested to do so by that department.

(5)

For the purposes of this section, an excess benefit payment includes a payment of any part of a couple rate of benefit that is paid to the spouse or partner of the person who established the claim to the benefit.

(6)

Any amount that is treated under this section as having been paid in respect of any treatment, service, rehabilitation, related transport, compensation, grant, or allowance is deemed for all purposes to have been so paid.

Compare: 1998 No 114 s 373

Section 252(5): amended, on 15 July 2013, by section 65(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 252(5): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

253 Relationship with social security benefits: reimbursement to Corporation

(1)

This section applies if a person—

(a)

receives a payment from the Corporation in respect of an entitlement that is subsequently determined to have been incorrectly paid under this Act (including a payment under section 131) or any former Act in respect of a period; and

(b)

establishes a claim to an income-tested benefit under the Social Security Act 1964 in respect of all or part of the same period.

(2)

The payment from the Corporation that has been incorrectly paid (up to the amount of benefit payable during that period) is regarded as having been paid in respect of that benefit.

(3)

The department responsible for the administration of the Social Security Act 1964 must refund to the Corporation the amount so regarded as a payment of benefit—

(a)

if that department knows that this section applies; or

(b)

if requested to do so by the Corporation.

(4)

The rest of the payment is a debt due to the Corporation from the person to whom the payment was made, which may be recovered by the Corporation in accordance with this Act.

Compare: 1998 No 114 s 374

Limitation period and other matters

254 Limitation period

(1)

Despite any other enactment, an action or remedy for the recovery of any levy, penalty, or interest by the Corporation may be taken until the expiry of 10 years beginning on the close of the date on which the levy, penalty, or interest became payable.

(2)

This section also applies to a levy or penalty payable under any of the former Acts by virtue of this Act.

Compare: 1998 No 114 s 323

255 Refunds payable by Corporation

(1)

If the Corporation is satisfied that a levy payable under this Act has been paid in excess of the amount properly payable, the Corporation must—

(a)

refund the amount paid in excess; or

(b)

credit any amount so paid in excess on account against the amount of any other levy or other amount that may for the time being be due and payable by the person by whom the payment in excess was made, and notify the person accordingly.

(1A)

Levies paid under section 213(2)(c) are refundable to the persons or classes of person, to the extent, and in the manner, prescribed by regulations made under this Act, and any refundable amount must be paid by the Corporation or an agent of the Corporation in accordance with the regulations.

(2)

The Corporation may refrain from making a refund under subsection (1)(a), or notifying the crediting of an amount under subsection (1)(b) or making a refund under subsection (1A), if the amount of the refund or credit is less than $20.

(3)

No amount collected under this Act by the Commissioner may be refunded or credited under this section after the expiration of the period of 8 years immediately after the end of the year in which the relevant levy was payable.

Compare: SR 1999/196 r 25

Section 255(1A): inserted, on 1 July 2003, by section 11(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Section 255(2): amended, on 1 July 2003, by section 11(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

256 Application of payments

If a person who makes a payment to the Corporation does not identify the Account or levy to which the payment is to be applied, the Corporation—

(a)

may apply the payment to such Account or levy that the Corporation sees fit; and

(b)

must notify the person accordingly.

Compare: SR 1999/196 r 22(2)

257 Application of sections 248, 249, and 254 to third parties

Sections 248, 249, and 254 apply in respect of any sum of money paid or applied under an agreement or contract or arrangement between the Corporation and a third party (who is a person other than the person who suffered the personal injury concerned) to provide treatment or other entitlement in respect of personal injury covered by this Act as if that sum were a sum of money received from the Corporation by the person who suffered that personal injury.

Compare: 1998 No 114 s 325

258 Production of documents

(1)

The production of any document under the seal of the Corporation, or under the hand of any person authorised for the purpose by the Corporation or an agent of the Corporation, purporting to be a copy of or extract from any statement relating to earnings or from any assessment or amended assessment of levies under this Part, is in all courts and all proceedings (including reviews or appeals conducted under this Act) sufficient evidence of the original, and the production of the original is not necessary.

(2)

All courts and persons conducting reviews or appeals under this Act must, in all proceedings, take judicial notice of the seal of the Corporation, and of the signature of any officer or agent of the Corporation duly authorised for the purpose, either to the original or to any such copy or extract.

Compare: 1998 No 114 s 326

Part 7 Accident Compensation Corporation

The Corporation

259 Accident Compensation Corporation

(1)

The Accident Compensation Corporation established by the Accident Insurance Act 1998 is continued.

(2)

The Corporation is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(3)

The Crown Entities Act 2004 applies to the Corporation except to the extent that this Act expressly provides otherwise.

(4)

The Corporation is a local authority for the purposes of section 73 of the Public Finance Act 1989.

(5)

The Corporation is exempt from income tax.

Compare: 1998 No 114 s 328

Section 259(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 259(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 259(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

260 Powers of Corporation
[Repealed]

Section 260: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

261 Relationship between Corporation and subsidiaries

Except as otherwise specified in this Act or as required by virtue of any delegation to a Crown entity subsidiary of the Corporation, a reference in this Act to the Corporation is not to be read as including a reference to any Crown entity subsidiary of the Corporation.

Compare: 1998 No 114 s 330

Section 261: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

262 Functions of Corporation

(1)

The functions of the Corporation are to—

(a)

carry out the duties referred to in section 165; and

(b)

promote measures to reduce the incidence and severity of personal injury in accordance with section 263; and

(c)

manage assets, liabilities, and risks in relation to the Accounts, including risk management by means of reinsurance or other means; and

(d)

carry out such other functions as are conferred on it by this Act, or are ancillary to and consistent with those functions.

(2)

To avoid doubt, it is not a function of the Corporation or any Crown entity subsidiary of the Corporation to provide insurance, but it may provide insurance-related services in accordance with section 263 or section 265.

(3)

In carrying out its functions, the Corporation must deliver services to claimants and levy payers, as required by this Act,—

(a)

in order to minimise the overall incidence and costs to the community of personal injury, while ensuring fair rehabilitation and compensation for loss from personal injury; and

(b)

in a manner that is cost-effective and promotes administrative efficiency.

(4)

To assist the Corporation in the effective and fair delivery of services, the Corporation may provide resources to assist those organisations providing advocacy services for ACC claimants.

Compare: 1998 No 114 s 331

Section 262(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

263 Prevention of personal injury

(1)

A primary function of the Corporation is to promote measures to reduce the incidence and severity of personal injury, including measures that—

(a)

create supportive environments that reduce the incidence and severity of personal injury; and

(b)

strengthen community action to prevent personal injury; and

(c)

encourage the development of personal skills that prevent personal injury.

(2)

Without limiting subsection (1), such measures may include research, the provision of information or advice, the publication and dissemination of literature and information, campaigns, exhibitions, courses, and the promotion of safety management practices.

(3)

The Corporation must undertake or fund such measures only if—

(a)

satisfied that such measures are likely to result in a cost-effective reduction in actual or projected levy rates set under Part 6 or expenditure from the Non-Earners’ Account under that Part; or

(b)

Parliament has appropriated money for such measures and they are included in the current service agreement under section 271; or

(c)

money is available for such measures from any other source (such as a joint venture or sponsorship); or

(d)

any combination of any of paragraphs (a) to (c) applies.

(4)

The Corporation may, in its discretion, conduct, participate in, commission, or subsidise research into the reduction of the incidence and severity of accidents and other causes of personal injury that is directed at reducing the cost of compensation and rehabilitation provided under this Act.

(5)

The Corporation must ensure that any measures undertaken or funded in accordance with this section—

(a)

are co-ordinated with similar activities of other government agencies to contribute to the overall injury prevention objectives in an efficient and effective way; and

(b)

to the extent that the measures will be funded from the Work Account, take account of the Health and Safety at Work Strategy published under section 195 of the Health and Safety at Work Act 2015.

Compare: 1998 No 114 s 332

Section 263(5): replaced, on 4 April 2016, by section 12 of the Accident Compensation Amendment Act 2015 (2015 No 71).

264 Money expended or received for injury prevention to be managed through Accounts

All money received by the Corporation for injury prevention purposes under section 263(3)(b) and (c), and the expenditure of any money under section 263, must be allocated and managed through the Account or Accounts maintained and operated by the Corporation under section 166 in respect of which a reduction in levy rates or expenditure is expected.

264A Workplace injury prevention action plan

(1)

The Corporation and WorkSafe must at all times have a workplace injury prevention action plan.

(2)

The Corporation and WorkSafe—

(a)

may amend the workplace injury prevention action plan at any time; and

(b)

must review the workplace injury prevention action plan at least once every 3 years.

(3)

The workplace injury prevention action plan must—

(a)

outline all workplace injury prevention programmes that will be undertaken by WorkSafe and the Corporation (jointly or separately) in the period to which the plan relates; and

(b)

state how those programmes are to be funded; and

(c)

if funding from one agency is to be used to fund programmes undertaken by the other agency, state the amount of that funding; and

(d)

in relation to programmes, or aspects of programmes, to be undertaken by WorkSafe, be consistent with the Health and Safety at Work Strategy published under section 195 of the Health and Safety at Work Act 2015; and

(e)

in relation to programmes, or aspects of programmes, to be undertaken by the Corporation, be consistent with the Corporation’s priorities for injury prevention measures relating to the Work Account.

(4)

The Corporation and WorkSafe must, to the extent practicable, ensure that—

(a)

the workplace injury prevention action plan outlines a coherent scheme of workplace injury prevention programmes that do not involve the duplication of activities carried out by the Corporation and WorkSafe; and

(b)

workplace injury prevention programmes are undertaken by the agency that is best suited to undertake them; and

(c)

programmes outlined in the workplace injury prevention action plan complement the agencies’ other activities, such as enforcement and education activities.

Section 264A: inserted, on 4 July 2016, by section 13 of the Accident Compensation Amendment Act 2015 (2015 No 71).

264B Injury prevention measures undertaken by WorkSafe and funded by Corporation or jointly undertaken

(1)

This section applies to injury prevention measures that are—

(a)

jointly undertaken by the Corp