Increasing maximum amount of compensation payable.

Compensation for incapacity lasting less than three days.

Extension of term of office of Judge of Compensation Court.

Ending of weekly payments of compensation when worker fit to resume work.

Commencement of this Part. 1950, No. 84.

Exempting National Airways Corporation and Linen Flax Corporation from provisions as to employers’ liability insurance. 1950, No. 84.

Separate wage statements in respect of different places or classes of business.

Mutual insurance associations and companies. 1933, No. 29.

Extra charge on premium. 1950, No. 84

Reviving section 32 of Workers’ Compensation Amendment Act 1947.

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Workers’ Compensation Amendment (No 2)

Public Act		1951 No 51
Date of assent		1 December 1951

An Act to amend the Workers’ Compensation Act 1922.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same as follows:—

1 Short Title.

This Act may be cited as the Workers’ Compensation Amendment Act (No. 2) 1951, and shall be read together with and deemed part of the Workers’ Compensation Act 1922 (hereinafter referred to as the principal Act).

Part I Compensation

2 Increasing maximum amount of compensation payable.

(1)

Section four of the principal Act is hereby amended as follows:—

1947, No. 58 1949, No. 11

(a)

By omitting from paragraph (a) of subsection one (as substituted by section thirty-eight of the Workers’ Compensation Amendment Act 1947 and amended by section three of the Workers’ Compensation Amendment Act 1949) the words “one thousand seven hundred and fifty pounds”, and substituting the words “two thousand pounds”:

(b)

By omitting from paragraph (d) of subsection one (as substituted by the said section thirty eight and amended by the said section three) the words “two thousand pounds” wherever they occur, and substituting in each case the words “two thousand three hundred pounds”.

(2)

Section fifty-four of the principal Act (as amended by subsection three of section thirty-eight of the Workers’ Compensation Amendment Act 1947 and section three of the Workers’ Compensation Amendment Act 1949) is hereby further amended by omitting the words “two thousand pounds” wherever they occur, and substituting in each case the words “two thousand three hundred pounds.”

(3)

Section five of the principal Act is hereby amended by repealing subsection eight (as substituted by subsection four of section thirty-nine of the Workers’ Compensation Amendment Act 1947 and amended by section four of the Workers’ Compensation Amendment Act 1949), and substituting the following subsection:—

“(8)

The aggregate amount of weekly payments shall in no case exceed two thousand pounds.”

(4)

Section forty-one of the Workers’ Compensation Amendment Act 1947 is hereby amended by omitting from subsection four the words “two hundred and fifty pounds”, and substituting the words “three hundred pounds”.

(5)

This section shall apply in respect of —

(a)

Accidents happening after the passing of this Act:

1951, No. 4

(b)

Accidents that happened between the passing of the Workers’ Compensation Amendment Act 1951 and the passing of this Act if any compensation is payable in respect thereof after the passing of this Act.

Repeals.

(6)

The following enactments are hereby consequentially repealed:—

1947, No. 58

(a)

Subsection four of section thirty-nine of the Workers’ Compensation Amendment Act 1947:

1949, No. 11

(b)

Sections three and four of the Workers’ Compensation Amendment Act 1949.

3 Compensation for incapacity lasting less than three days.

(1)

Section five of the principal Act is hereby amended by repealing subsection four.

(2)

This section shall apply in respect of accidents happening after the passing of this Act.

4 Extension of term of office of Judge of Compensation Court.

(1)

Section three of the Workers’ Compensation Amendment Act 1951 is hereby amended by omitting from subsection one the words “thirty-first day of August, nineteen hundred and fifty-one”, and substituting the words “thirty-first day of December, nineteen hundred and fifty-one”.

(2)

This section shall be deemed to have come into force on the thirty-first day of August, nineteen hundred and fifty-one.

5 Ending of weekly payments of compensation when worker fit to resume work.

(1)

Section four of the Workers’ Compensation Amendment Act 1951 is hereby amended by repealing subsection four.

(2)

This section shall be deemed to have come into force on the thirty-first day of October, nineteen hundred and fifty-one.

Part II Employees’ Liability Insurance

6 Commencement of this Part. 1950, No. 84.

This Part of this Act shall be deemed to have come into force on the first day of April, nineteen hundred and fifty-one (being the date of the commencement of Part I of the Workers’ Compensation Amendment Act 1950).

7 Exempting National Airways Corporation and Linen Flax Corporation from provisions as to employers’ liability insurance. 1950, No. 84.

Section five of the Workers’ Compensation Amendment Act 1950 is hereby amended by inserting, after subsection five, the following new subsection:—

“(5A)

This Part of this Act shall not apply with respect to workers who are employed by the New Zealand National Airways Corporation or by the Linen Flax Corporation of New Zealand.”

8 Separate wage statements in respect of different places or classes of business.

(1)

Section eight of the Workers’ Compensation Amendment Act 1950 is hereby amended by repealing subsection four, and substituting the following subsection:—

“(4)

Where an employer carries on business in more than one place or carries on more than one class of business,—

“(a)

The employer may deliver a separate statement in respect of each place or class to the same authorized insurer or to separate authorized insurers:

“(b)

The employer shall not deliver to any authorized insurer one statement in respect of two or more places or classes if the insurer requires from him a separate statement in respect of each place or class.”

(2)

Section nine of the Workers’ Compensation Amendment Act 1950 is hereby amended by inserting, after subsection one, the following new subsection:—

“(1A)

Where an employer delivers separate statements to two or more authorized insurers under sub section four of section eight of this Act each of the insurers shall be deemed to have indemnified the employer under this section in respect of all workers not specifically included in a statement delivered to another insurer.”

9 Mutual insurance associations and companies. 1933, No. 29.

The Workers’ Compensation Amendment Act 1950 is hereby amended by inserting, after section nine, the following new section: —

“9a

(1)

This section applies to every authorized insurer that is—

“(a)

An association incorporated under the Mutual Fire Insurance Act 1908; or

“(b)

A company incorporated under the Companies Act 1933 for the purpose of mutual insurance of its members.

“(2)

No employer shall deliver a statement under section eight of this Act to an authorized insurer to which this section applies unless the employer is a member of the authorized insurer or is eligible according to its rules or memorandum or articles of association to become a member of the authorized insurer or to be insured by it. No statement delivered in contravention of this subsection shall be accepted by the authorized insurer or have any effect.

“(3)

Where any authorized insurer to which this section applies is restricted by any Act or by its rules or memorandum or articles of association to insuring in respect of particular workers or workers of a particular class or classes, no statement delivered to that authorized insurer under section eight of this Act shall apply or be deemed to apply to any other workers, and no insurance by that authorized insurer under section nine of this Act shall extend to any other workers.

“(4)

Where an authorized insurer to which this section applies purports to insure any workers in respect of any period by accepting a statement under section eight of this Act, and the insurance is invalidated by subsection two or subsection three of this section,—

“(a)

The authorized insurer commits an offence against this Part of this Act:

“(b)

The authorized insurer shall be liable to repay to the Board on demand all amounts paid by the Board under section twenty of this Act in respect of any accident occurring to any such worker during that period:

“(c)

The employer shall not be liable to pay any premium to the authorized insurer in respect of the purported insurance, and may recover from the authorized insurer any premium so paid by him.”

10 Extra charge on premium. 1950, No. 84

The Workers’ Compensation Amendment Act 1950 is hereby amended by inserting, after section six teen, the following new section:—

“16a

“(1)

Where in the opinion of the insurer the business of an employer is designed, equipped, organized, or conducted in such a manner that the number or cost of accidents to workers in consequence thereof is likely to be considerably more than is usual in other businesses of that class, the insurer may make an extra charge in assessing the premium payable by that employer for any period:

“Provided that the total premium payable by the employer shall not exceed by more than twenty-five per cent the premium computed at the maximum rate for the time being prescribed under section twelve of this Act.

“(2)

Where an insurer makes an extra charge under this section he shall give written notice thereof to the employer, specifying the reason for the extra charge and notifying the employer of his right of appeal under subsection three of this section.

“(3)

Any employer who has been given written notice as aforesaid may appeal to the Workers’ Compensation Board against the extra charge within fourteen days after receipt of the notice by delivering a notice of appeal to the Board and delivering a copy thereof to the insurer.

“(4)

The Board shall hear every such appeal as soon as may be convenient, and may confirm, cancel, or reduce the extra charge. The decision of the Board on any such appeal shall be final, and binding on the employer and the insurer.”

11 Reviving section 32 of Workers’ Compensation Amendment Act 1947.

Section forty-one of the Workers’ Compensation Amendment Act 1950 is hereby amended by omitting from paragraph (a) of subsection one the words “and ten to thirty-four”, and substituting the words “ten to thirty-one, thirty-three, and thirty-four”.

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Workers' Compensation Amendment (No 2)