Accident Compensation Act 2001

  • Warning: Some amendments have not yet been incorporated
  • This version was replaced on 23 December 2020 to make corrections to Schedule 1 clause 55(4) under section 25(1)(j)(iii) of the Legislation Act 2012.
  • Previous title has changed

Principles

20 Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)

(1)

A person has cover for a personal injury if—

(a)

he or she suffers the personal injury in New Zealand on or after 1 April 2002; and

(b)

the personal injury is any of the kinds of injuries described in section 26(1)(a) or (b) or (c) or (e); and

(c)

the personal injury is described in any of the paragraphs in subsection (2).

(2)

Subsection (1)(c) applies to—

(a)

personal injury caused by an accident to the person:

(b)

personal injury that is treatment injury suffered by the person:

(c)

treatment injury in circumstances described in section 32(7):

(d)

personal injury that is a consequence of treatment given to the person for another personal injury for which the person has cover:

(e)

personal injury caused by a work-related gradual process, disease, or infection suffered by the person:

(f)

personal injury caused by a gradual process, disease, or infection that is treatment injury suffered by the person:

(g)

personal injury caused by a gradual process, disease, or infection consequential on personal injury suffered by the person for which the person has cover:

(h)

personal injury caused by a gradual process, disease, or infection consequential on treatment given to the person for personal injury for which the person has cover:

(i)

personal injury that is a cardiovascular or cerebrovascular episode that is treatment injury suffered by the person:

(j)

personal injury that is a cardiovascular or cerebrovascular episode that is personal injury suffered by the person to which section 28(3) applies.

(3)

Subsections (1) and (2) are subject to the following qualifications:

(a)

section 23 denies cover to some persons otherwise potentially within the scope of subsection (1):

(b)

section 24 denies cover to some persons otherwise potentially within the scope of subsections (1) and (2)(e).

(4)

A person who suffers personal injury that is mental injury in circumstances described in section 21 has cover under section 21, but not under this section.

Compare: 1998 No 114 s 39

Section 20 heading: amended, on 1 October 2008, by section 5(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 20(2)(b): substituted, on 1 July 2005, by section 7(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 20(2)(c): substituted, on 1 July 2005, by section 7(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 20(2)(d): substituted, on 1 July 2005, by section 7(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 20(2)(f): substituted, on 1 July 2005, by section 7(4) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 20(2)(i): substituted, on 1 July 2005, by section 7(5) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 20(3)(b): amended, on 1 August 2008, by section 5(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).