Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regulations 2008

2008/303

Crest

Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regulations 2008

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 8th day of September 2008

Present:
The Right Hon Helen Clark presiding in Council

Pursuant to section 328 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, Her Excellency the Administrator of the Government, 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 (Review Costs and Appeals) Amendment Regulations 2008.

2 Commencement
  • These regulations come into force on 17 October 2008.

4 New Schedule 1 substituted
  • Schedule 1 is revoked and the Schedule 1 set out in the Schedule of these regulations substituted.


Schedule
New Schedule 1 substituted

r 4

Schedule 1
Scale of costs and expenses on review

r 4

Section 148, Injury Prevention, Rehabilitation, and Compensation Act 2001

Item Maximum award
($)
 Rate
($)
Applicant's or another person's representation1    
  • (a) preparation and lodging of application for review under section 135

 114.40  
  • (b) participation in a case conference on behalf of applicant or another person before review hearing

 57.20  
  • (c) other preparation of case for review

 343.20  
  • (d) appearance at hearing on behalf of applicant or another person—

 343.20  
 
  • (i) 1st hour of hearing (or part thereof)

   171.60
 
  • (ii) 2nd hour of hearing

   28.60 per 15 minutes
 
  • (iii) later hours of hearing

   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)—    
  • (a) if only 1 report is provided

 457.60  
  • (b) if 2 or more reports are provided

 686.40  
at the following rates:    
  • (a) 1st hour (or part thereof) of preparation

   171.60
  • (b) 2nd hour of preparation

   42.90 per 15 minutes
  • (c) 3rd hour of preparation

   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

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 17 October 2008, substitute a new Schedule 1 in the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002. Schedule 1 prescribes a scale of costs and expenses on a review for the purposes of section 148 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.


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

Date of notification in Gazette: 11 September 2008.

These regulations are administered by the Department of Labour.


  • 1 Awards for items under this heading may be made in respect of 1 representative only.

  • 2 As defined by regulation 3.