Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regulations 2010

2010/330

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Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regulations 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 20th day of September 2010

Present:
His Excellency the Governor-General in Council

Pursuant to section 328 of the Accident Compensation Act 2001, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for ACC, makes the following regulations.

Regulations

1 Title
  • These regulations are the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regulations 2010.

2 Commencement
  • These regulations come into force on 1 October 2010.

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


Schedule 
New Schedule 1 substituted

r 4

Schedule 1
Scale of costs and expenses on review

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Section 148, Accident 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

 116.94  
  • (b) participation in a case conference on behalf of applicant or another person before review hearing

 58.47  
  • (c) other preparation of case for review

 350.83  
  • (d) appearance at hearing on behalf of applicant or another person—

 350.83  
 
  • (i) 1st hour of hearing (or part thereof)

   175.41
 
  • (ii) 2nd hour of hearing

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

   14.62 per 15 minutes
All relevant and reasonably necessary reports for applicant or another person by any registered specialists2 935.54  
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

 467.77  
  • (b) if 2 or more reports are provided

 701.65  
at the following rates:    
  • (a) 1st hour (or part thereof) of preparation

   175.41
  • (b) 2nd hour of preparation

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

   29.23 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)— 584.71  
 for transport within this category 153.33 0.29 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 1 October 2010, amend the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 (principal regulations).

The amendments increase amounts prescribed in the principal regulations to take account of the increase in the rate of goods and services tax on 1 October 2010 from 12.5% to 15% as provided by section 45 of the Taxation (Budget Measures) Act 2010.


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

Date of notification in Gazette: 23 September 2010.

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.