New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint
as at 17 October 2008
(SR 2002/81)
Silvia Cartwright, Governor-General
At Wellington this 25th day of March 2002
Present:
Her Excellency the Governor-General in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Department of Labour.
Pursuant to section 328 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
These regulations are the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002.
These regulations come into force on 1 April 2002.
In these regulations, unless the context otherwise requires,—
appeal means an appeal under section 149 of the Act
registered specialist means a medical practitioner whose scope of practice includes at least 1 of the following branches of medicine:
(a) anaesthetics:
(b) cardiothoracic surgery:
(c) dermatology:
(d) diagnostic radiology:
(e) emergency medicine:
(f) general surgery:
(g) internal medicine:
(h) neurosurgery:
(i) obstetrics and gynaecology:
(j) occupational medicine:
(k) ophthalmology:
(l) orthopaedic surgery:
(m) otolaryngology head and neck surgery:
(n) paediatric surgery:
(o) paediatrics:
(p) pathology:
(q) plastic and reconstructive surgery:
(r) psychological medicine or psychiatry:
(s) public health medicine:
(t) radiation oncology:
(u) rehabilitation medicine:
(v) sexual health medicine:
(w) urology:
(x) venereology
scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003
specified registry means the District Court at Wellington.
Regulation 3 registered specialist: substituted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Regulation 3 scope of practice: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
(1) A reviewer's award under section 148 of the Act to an applicant for review or another person must be—
(a) only for the costs and expenses of an item described in column 1 of Schedule 1; and
(b) the only award to the applicant for review or other person for those costs and expenses.
(2) The amount of the reviewer's award for costs and expenses of an item described in column 1 of Schedule 1 must—
(a) not exceed the amount specified (opposite the description) in column 2 of that schedule; and
(b) be calculated in accordance with the rate (if any) specified (opposite the description) in column 3 of that schedule.
(3) Amounts and rates specified in Schedule 1 are inclusive of goods and services tax (if any).
Part 9 of the District Courts Rules 1992 (appeals to District Courts) does not apply to an appeal.
(1) A notice of appeal must—
(a) be in the form set out in Schedule 2; and
(b) have attached to it a copy of the decision appealed against.
(2) An appellant whose notice of appeal has been sent to or filed in the specified registry may, with the leave of the court, amend the grounds of appeal stated in the notice.
(1) This regulation applies if a notice of appeal is sent to or filed in the specified registry and a person (other than the appellant) intends to submit at the hearing of the appeal that the decision appealed against should be modified or quashed.
(2) The person must, either within 30 working days after the day on which the notice of appeal was served or within any longer time allowed by the court, send to or file in the specified registry a notice of cross-appeal in the form set out in Schedule 2.
(3) Part 5 of the Act and these regulations apply accordingly with any necessary modifications.
The Corporation must provide items in accordance with section 154(1) of the Act within 20 working days after it receives the copy of the notice of appeal.
If a notice of appeal is sent to or filed in the specified registry, a Judge may fix a time and place for a directions hearing in relation to the appeal proceedings.
(1) At a directions hearing, a Judge may make any directions that appear best adapted to secure the just, expeditious, and economical disposal of the appeal proceedings.
(2) Without limiting the generality of subclause (1), the Judge may—
(a) consult the parties as to the necessity for or desirability of the appointment of medical or other assessors for the purposes of the appeal:
(b) obtain estimates of time for the duration of the hearing of the appeal:
(c) define the issues to be determined on the hearing of the appeal:
(d) make any orders that the Judge considers necessary or appropriate under sections 159 and 160 of the Act.
(1) On the determination of an appeal under section 161 of the Act, the Registrar of the court must give a copy of the court's decision to—
(a) the appellant; and
(b) each person who, in accordance with section 155(1) of the Act, was entitled to appear at the hearing of the appeal.
(2) After the time for lodging an appeal against the court's decision has expired, the Registrar of the court must give to the Corporation any documents forwarded to the Registrar under section 154(1) of the Act.
(1) The Accident Insurance (Review Costs and Appeals) Regulations 1999 (SR 1999/164) are revoked.
(2) Despite their revocation by subclause (1), the Accident Insurance (Review Costs and Appeals) Regulations 1999 continue to apply for the purposes of section 342(2)(b) of the Act.
Schedule 1 |
Schedule 1: substituted, on 17 October 2008, by regulation 4 of the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regulations 2008 (SR 2008/303).
| Item | Maximum award ($) | Rate ($) | ||||
|---|---|---|---|---|---|---|
| Applicant's or another person's representation1— | ||||||
| 114.40 | |||||
| 57.20 | |||||
| 343.20 | |||||
| 343.20 | |||||
| 171.60 | |||||
| 28.60 per 15 minutes | |||||
| 14.30 per 15 minutes | |||||
| All relevant and reasonably necessary reports for applicant or another person by any registered specialists2 | 915.20 | |||||
| All relevant and reasonably necessary reports prepared for applicant or another person by a person with a recognised qualification to express a competent view on a matter in issue (for example, a person undertaking an occupational assessment, an architect, or a general medical practitioner)— | ||||||
| 457.60 | |||||
| 686.40 | |||||
| at the following rates: | ||||||
| 171.60 | |||||
| 42.90 per 15 minutes | |||||
| 28.60 per 15 minutes | |||||
| Other expenses reasonably incurred by applicant or another person, or on behalf of an applicant or other person, associated with a hearing (for example, transport to a hearing or time off work for an applicant, another person, representative, or a witness or support person such as whanau support; disbursements such as photocopying, childcare, or telephone charges)— | 572.00 | |||||
| for transport within this category | 150.00 | 0.28 per kilometre for private transport | ||||
Schedule 2 |
| In the District Court at Wellington | ||
| No / | ||
| Under | the Injury Prevention, Rehabilitation, and Compensation Act 2001 | |
| In the matter | of an appeal against either a review decision under section 145 or 146 or a decision as to an award of costs and expenses under section 148 | |
| By | [full name] of [address] Appellant | |
| Notice of appeal to District Court | ||
| Section 151, Injury Prevention, Rehabilitation, and Compensation Act 2001 | ||
| Take notice that the appellant appeals against a decision made under section [either section 145 or 146 or 148] of the Injury Prevention, Rehabilitation, and Compensation Act 2001 on an application for review. | ||
| Part 1—Decision appealed against | ||
| The review was heard at [location] on [day/month/year] by [reviewer]. | ||
| [The review decision under section 145 or 146 or the decision as to an award of costs and expenses under section 148] was given by the reviewer on [day/month/year]. | ||
| The appellant appeals against the following aspects of the decision: | ||
| Part 2—Grounds | ||
| The appellant bases this appeal on the following grounds: | ||
| [for example, That the decision appealed against includes the following mistakes of fact or law:]. | ||
| Part 3—Relief sought | ||
| The appellant seeks the following orders: | ||
| [for example, That the review decision be modified in the following respects: or | ||
| That the review decision be quashed and—
| ||
| That the decision as to an award of costs and expenses be either—
| ||
| A copy of the decision appealed against is attached to this notice of appeal as required by regulation 6(1)(b) of the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002. | ||
| Appellant's signature: | ||
| Dated: [day/month/year]. | ||
| Appellant's address for service: | ||
| Appellant's telephone number: | ||
Marie Shroff,
Clerk of the Executive Council.
Date of notification in Gazette: 28 March 2002.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002. The reprint incorporates all the amendments to the regulations as at 17 October 2008, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regulations 2008 (SR 2008/303)
Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(3)
1 Awards for items under this heading may be made in respect of 1 representative only.
2 As defined by regulation 3.