This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 July 2014, amend the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2010 (the principal regulations) by—
inserting a new definition of claimant into regulation 4 of the principal regulations, which has the effect of limiting the application of the principal regulations to persons aged 18 years or over. As a result, the needs of claimants aged under 18 years will be considered on a case by case basis in individual rehabilitation plans agreed under Part 4 of the Accident Compensation Act 2001 to ensure that they receive payments towards devices, fittings, and repairs that better meet their needs:
inserting new regulation 5A into the principal regulations, which introduces a new requirement for the Accident Compensation Corporation (the Corporation) to contribute up to $100.00 towards the cost of a claimant's consultation with an audiologist for the purposes of choosing a device suitable to his or her needs and budget. The Corporation will contribute towards the cost of a maximum of 2 device consultations:
prescribing fixed costs under new regulation 8(2) and (3) that the Corporation is liable to pay towards the fitting of a claimant's device by an audiologist for both ears and 1 ear. These replace the graduated scale of costs prescribed in tables 2 and 3 of the Schedule (which are not carried over by these regulations) that the Corporation is currently liable to pay. The new costs are $1,120.00 for both ears and $816.00 for 1 ear:
replacing the current obligations in regulation 10(2) and (3) for the Corporation to contribute up to $200.00 for 1 device repair per claimant every 2 years from the end of the device warranty period with new provisions that require the Corporation to contribute up to $203.56 per device for 1 or more repairs of the device every 2 years from the end of the warranty period:
inserting new regulation 10A into the principal regulations, which introduces a new requirement for the Corporation to contribute to the cost of replacement ear moulds that may be used with a claimant's device. The costs that the Corporation is liable to pay for ear moulds are $36.40 for each ear mould and a fixed cost of $54.78 for the fitting of an ear mould (whether for 1 or both ears):
replacing the Schedule of the principal regulations, which currently specifies the maximum cost that the Corporation is liable to pay for devices for each ear with covered hearing loss in 10 apportionment bands based on the percentage of covered hearing loss to total hearing loss. The new Schedule reduces the number of device apportionment bands from 10 to 3 bands. The effect of reducing the number of apportionment bands is to increase the Corporation’s contribution towards the cost of hearing devices for most claimants.
The regulations also increase the following costs that the Corporation is liable to pay under the regulations by 1.78%:
the cost payable under regulation 5(2) where an audiologist completes an assessment of a claimant and provides a report to the Corporation (which is increased from $155.00 to $157.76):
the cost payable under regulation 6(2) where a claimant consults an audiologist but chooses not to receive a device (which is increased from $120.00 to $122.14):
the cost payable under regulation 8(6) where a claimant has a device fitted by an audiologist for his or her other ear within 1 year of having a device fitted for 1 ear (which is increased from $300.00 to $305.34):
the cost payable under regulation 9(2) where one of the claimant's devices is serviced by an audiologist (which is increased from $50.00 to $50.89).
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 11 February 2014 to help inform the decisions taken by the Government relating to the contents of these regulations.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 22 May 2014.
These regulations are administered by the Ministry of Business, Innovation, and Employment.