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
22 Cover for personal injury suffered outside 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 outside 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 person is ordinarily resident in New Zealand when he or she suffers the personal injury; and

(d)

the personal injury is one for which the person would have cover if he or she had suffered it in New Zealand.

(2)

Subsection (1) applies subject to subsection (3).

(3)

A person has cover for treatment injury if he or she suffers the personal injury on or after 1 July 2005 as a result of treatment given to him or her while outside New Zealand, but only if the circumstances described in subsection (4) exist.

(4)

The circumstances are—

(a)

the treatment is given by a person who has qualifications that are the same as or equivalent to those of a registered health professional; and

(b)

the personal injury would be personal injury caused by treatment if the treatment were given by or at the direction of the equivalent of a registered health professional and the person suffered the injury in New Zealand; and

(c)

the person is ordinarily resident in New Zealand when the treatment is given (whether or not he or she is ordinarily resident in New Zealand on the date on which he or she suffers the personal injury).

(5)

Section 38 describes how the date on which the person suffers the personal injury referred to in subsection (4)(c) is determined.

(6)

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.

(7)

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

Compare: 1998 No 114 s 41

Section 22 heading: amended, on 1 October 2008, by section 7(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 22(3): substituted, on 1 July 2005, by section 9(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 22(4)(b): amended, on 1 July 2005, by section 9(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 22(5): substituted, on 1 July 2005, by section 9(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 22(7): added, on 1 October 2008, by section 7(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).