Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005

Reprint as at 1 October 2019

Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005

Public Act
 
2005 No 45
Date of assent
 
10 May 2005
 
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint. See the notes at the end of this reprint for further details.

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

Contents

1Title
2Commencement
3Interpretation
4Earnings as an employee: what it does not include
5New section 13 substituted
13Earnings of private domestic workers
6New section 19 substituted
19Key terms in this Part
7Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts)
8New section 21A inserted
21ACover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain criminal acts
9Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts)
10Accident
11Work-related personal injury
12Personal injury caused by work-related gradual process, disease, or infection
13New sections 32 to 34 substituted
32Treatment injury
33Treatment
34Cover for personal injury caused by medical misadventure before 1 July 2005
14New section 38 substituted
38Date on which person is to be regarded as suffering treatment injury
15Responsibilities of Corporation after claim lodged
16Time for making claim
17Steps Corporation takes to action complicated claims for cover
18New section 62 substituted
62Decision on claim for treatment injury
19Corporation must give notice of decisions
20New section 68 substituted
68Corporation provides entitlements in accordance with this Act
21Corporation to determine incapacity of claimant who, at time of incapacity, was earner
22Corporation to determine incapacity of claimant who, at time of incapacity, had ceased to be an employee, was a potential earner, or had purchased weekly compensation under section 223
23When claimant’s vocational independence to be assessed
24Corporation may suspend, cancel, or decline entitlements
25Who may apply for review
26How to apply for review
27New section 135A inserted
135ATime frame for lodging review application where alternative dispute resolution conducted about same matter
28Persons entitled to be present and heard at hearing
29Who may appeal against review decision
30Application and source of funds
31New section 168A inserted
168APrivate domestic workers to pay levies
32Employer levy not payable on earnings over specified maximum
33Application and source of funds
34Liability to pay Residual Claims levy
35Application and source of funds
36Effect of agreement
37Application and source of funds
38Persons eligible to purchase weekly compensation
39Application and source of funds
40Application and source of funds
41Levy categories and rates
42Residual Claims levy and employer levy payable by employers on disposal or cessation of business or when ceasing to employ
43Levies payable to Commissioner and Corporation by self-employed person or private domestic worker who ceases to derive earnings as such
44New section 244 substituted
244Amounts of levy exempt from payment
45Management of Accounts
46Disclosure of information by Corporation for benefit purposes
47New section 284 substituted
284Reporting of risk of harm to public
48Section 285 repealed
49New section 286 substituted
286Corporation to provide information to Department of Labour
50Service agreement for purchase of public health acute services and other health services
51Proceedings for personal injury
52Regulations relating to definitions
53Section 322A repealed
54Regulations relating to rehabilitation
55New section 328A inserted
328ARegulations relating to alternative dispute resolution
56Regulations relating to levies
57Consultation requirements for regulations relating to levy setting
58Cessation of weekly compensation under any former Act because of capacity for work
59New section 377 substituted
377Independence allowance for personal injury suffered before 1 July 1999
60Further amendments to principal Act
61Amendments to principal Act and Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005
62References to At Work Insurance Limited
63New Zealand Superannuation Act 2001 amended
64Revocation of spent regulations
65Regulations relating to levies for Employers’ Account and Self-Employed Work Account
Reprint notes

The Parliament of New Zealand enacts as follows: