Injury Prevention, Rehabilitation, and Compensation (Indexation) Regulations 2002

Reprint
as at 1 July 2005

Crest

Injury Prevention, Rehabilitation, and Compensation (Indexation) Regulations 2002

(SR 2002/127)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 20th day of May 2002

Present:
Her Excellency the Governor-General in Council


Note

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 327 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.

Regulations

1 Title
  • These regulations are the Injury Prevention, Rehabilitation, and Compensation (Indexation) Regulations 2002.

2 Commencement
  • (1) Regulations 11 and 12(1)(a) come into force on 1 July 2003.

    (2) The rest of these regulations come into force on 1 July 2002.

3 Interpretation

Indexation of weekly compensation

4 Indexation of weekly compensation
  • (1) Weekly compensation for a personal injury must be adjusted in accordance with the formula set out in regulation 6(1), unless regulation 6A applies.

    (2) Adjustments made under this regulation apply only to weekly compensation—

    • (a) paid or payable on or after the date of indexation; and

    (3) Despite subclause (2), adjustments made under this regulation may be made to weekly compensation that relates to a period that occurs on or after the date that is 6 days earlier than the date of indexation.

    (4) Additionally, an adjustment made under this regulation may be made only if the weekly compensation for that personal injury has been paid or is payable—

    • (a) for the 26-week period before the date of indexation; or

    • (b) for no fewer than 26 weeks or part weeks of the 52-week period before the date of indexation.

    Regulation 4(1): amended, on 1 July 2005, by regulation 4 of the Injury Prevention, Rehabilitation, and Compensation (Indexation) Amendment Regulations 2004 (SR 2004/186).

5 Indexation of weekly abatement amounts
  • (1) The weekly abatement amounts must be adjusted on the date of indexation in accordance with the formula set out in regulation 6(1).

    (2) An adjustment made under this regulation applies only in respect of a period of incapacity that occurs on or after the date of indexation.

6 Calculation of indexation adjustment for weekly compensation and related amounts
  • (1) The formula for calculation of an adjustment under regulations 4 and 5 is—

    a ×b
    c

    where—

    • a is the amount of weekly compensation that is paid or payable in respect of a person or weekly abatement amount (as the case may be) at the date of indexation, before the amount is adjusted

    • b is the Labour Cost Index for the March quarter immediately prior to the date of indexation

    • c is the Labour Cost Index for the March quarter prior to the quarter referred to in item b.

    (2) The number resulting from dividing item b by item c must be rounded up or down to 4 decimal places (with 0.00005 or greater being rounded up).

6A Calculation of indexation adjustment for maximum weekly compensation
  • (1) The amount of maximum weekly compensation payable under clause 46 of Schedule 1 of the Act or clause 21(1) of Schedule 1 of the Accident Insurance Act 1998 must be adjusted in accordance with the formula set out in subclause (4).

    (2) Adjustments under this regulation apply only to the amount of maximum weekly compensation—

    • (a) paid or payable on or after the date of indexation to which clause 46 of Schedule 1 of the Act or clause 21(1) of Schedule 1 of the Accident Insurance Act 1998 applies; and

    (3) Despite subclause (2), adjustments under this regulation may be made to weekly compensation that relates to a period that occurs on or after the date that is 6 days earlier than the date of indexation.

    (4) The formula for calculation of an adjustment under this regulation is—

    a ×b
    c

    where—

    • a is the amount of weekly compensation paid or payable to which clause 46 of Schedule 1 of the Act or clause 21(1) of Schedule 1 of the Accident Insurance Act 1998 (as the case may be) applies

    • b is the Labour Cost Index for the March quarter immediately prior to the date of indexation

    • c is the Labour Cost Index for the March quarter prior to the March quarter referred to in item b.

    (5) When calculating an adjustment under the formula in subclause (4), the number resulting from dividing item b by item c must be rounded up or down to 4 decimal places (with 0.00005 or greater being rounded up).

    Regulation 6A: inserted, on 1 July 2005, by regulation 5 of the Injury Prevention, Rehabilitation, and Compensation (Indexation) Amendment Regulations 2004 (SR 2004/186).

Abatement

7 Procedure for adjustments where weekly compensation subject to abatement
  • The adjustment under regulation 4 of weekly compensation that must be abated under clause 51 of Schedule 1 of the Act is determined by—

    • (a) adjusting the appropriate unabated amount of weekly compensation in accordance with regulation 8; and

    • (b) adjusting the amount of a person's weekly earnings, as referred to in clause 51(2) of Schedule 1 of the Act, in accordance with regulation 9; and

8 First adjustment
  • The amount of weekly compensation to which a person would be entitled but for an abatement under clause 51 of Schedule 1 of the Act (or the equivalent abatement under the former Act) must be adjusted first according to the formula in regulation 6.

9 Second adjustment in certain cases
  • The amount referred to in regulation 7(b) must be adjusted at the date of indexation in accordance with the formula set out in regulation 6(1) (subject to regulation 4(3), if appropriate), as if item a of the formula referred to those weekly earnings rather than to weekly compensation or to weekly abatement amounts.

10 Application of clause 51 of Schedule 1 of Act
  • Clause 51 of Schedule 1 of the Act then applies—

    • (b) after the weekly abatement amounts are adjusted in accordance with regulation 6.

Indexation of lump sums, funeral grant, survivor’s grant, child care payments for children of deceased claimant, and independence allowance

11 Indexation of lump sum compensation for permanent impairment
  • (1) The amount of lump sum compensation for permanent impairment provided for under clause 56 of Schedule 1 of the Act must be adjusted in accordance with the formula set out in regulation 15(1).

    (2) An adjustment under this regulation must be made only to lump sum compensation that is paid or payable on or after the date of indexation.

12 Indexation of funeral grant and survivor’s grant
  • (1) The following amounts must be adjusted in accordance with the formula set out in regulation 15(1):

    • (a) the amount of the funeral grant provided for under clause 64(1)(b) of Schedule 1 of the Act:

    • (b) the amounts of the survivor’s grant provided for under clause 65(1) of that schedule.

    (2) An adjustment under this regulation must be made only to amounts that are—

    • (a) paid or payable on or after the date of indexation; and

    • (b) in respect of a person whose death occurs on or after the date of indexation.

13 Indexation of child care payments for children of deceased claimant
  • (1) The amounts of weekly payment for child care for children of a deceased claimant that are made under clause 76(2) of Schedule 1 of the Act must be adjusted in accordance with the formula set out in regulation 15(1).

    (2) An adjustment under this regulation must be made only to amounts that—

    • (a) relate to a period of child care that occurs on or after the date of indexation; and

    • (b) are paid or payable on or after the date of indexation.

14 Indexation of independence allowance
  • (1) The amount of the independence allowance provided for under sections 377 and 378 of the Act must be adjusted in accordance with the formula set out in regulation 15(1).

    (2) An adjustment under this regulation must be made only to amounts that are—

    • (a) paid or payable on or after the date of indexation; and

    • (b) that relate to a period of impairment that occurs on or after the date of indexation.

15 Calculation of adjustment
  • (1) The formula for calculating an adjustment under regulations 11 to 14 is—

    a ×b
    c

    where—

    • a is the amount of the lump sum compensation, funeral grant, survivor’s grant, child care payment, or independence allowance (as the case may be) at the date of indexation, before the amount is adjusted

    • b is the CPI figure for the March quarter immediately prior to the date of indexation

    • c is the CPI figure for the March quarter prior to the quarter referred to in item b.

    (2) The number resulting from dividing item b by item c must be rounded up or down to 4 decimal places (with 0.00005 or greater being rounded up).

Miscellaneous

16 No adjustment for small variations
  • Despite anything in these regulations, if the movement in the Labour Cost Index or CPI figures used in regulations 6 and 15, expressed as a percentage, results in a figure between minus 0.5 and plus 0.5, then no indexation adjustment is to be made under the relevant regulation.

17 Rounding of amounts
  • The result of any adjustment that arises from a calculation made under these regulations must be rounded to the nearest cent as follows:

    • (a) an amount of less than 0.5 cents must be rounded down:

    • (b) an amount of 0.5 cents or more than 0.5 cents must be rounded up.

Diane Wilderspin,
Acting for Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 May 2002.


Contents

  • 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)


Notes
1 General
  • This is a reprint of the Injury Prevention, Rehabilitation, and Compensation (Indexation) Regulations 2002. The reprint incorporates all the amendments to the regulations as at 1 July 2005, 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.

2 Status of reprints
  • 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.

3 How reprints are prepared
  • 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.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • 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).

5 List of amendments incorporated in this reprint (most recent first)