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

Key terms relating to cover

25 Accident

(1)

Accident means any of the following kinds of occurrences:

(a)

a specific event or a series of events, other than a gradual process, that—

(i)

involves the application of a force (including gravity), or resistance, external to the human body; or

(ii)

involves the sudden movement of the body to avoid a force (including gravity), or resistance, external to the body; or

(iii)

involves a twisting movement of the body:

(b)

the inhalation of any solid, liquid, gas, or foreign object on a specific occasion, which kind of occurrence does not include the inhalation of a virus, bacterium, protozoan, or fungus, unless that inhalation is the result of the criminal act of a person other than the injured person:

(ba)

the oral ingestion of any solid, liquid, gas, fungus, or foreign object on a specific occasion, which kind of occurrence does not include the ingestion of a virus, bacterium, or protozoan, unless that ingestion is the result of the criminal act of a person other than the injured person:

(c)

a burn, or exposure to radiation or rays of any kind, on a specific occasion, which kind of occurrence does not include a burn or exposure caused by exposure to the elements:

(d)

the absorption of any chemical through the skin within a defined period of time not exceeding 1 month:

(e)

any exposure to the elements, or to extremes of temperature or environment, within a defined period of time not exceeding 1 month, that,—

(i)

for a continuous period exceeding 1 month, results in any restriction or lack of ability that prevents the person from performing an activity in the manner or within the range considered normal for the person; or

(ii)

causes death.

(2)

However, accident does not include—

(a)

any of those kinds of occurrences if the occurrence is treatment given,—

(i)

in New Zealand, by or at the direction of a registered health professional; or

(ii)

outside New Zealand, by or at the direction of a person who has qualifications that are the same as or equivalent to those of a registered health professional; or

(b)

any ecto-parasitic infestation (such as scabies), unless it is work-related; or

(c)

the contraction of any disease carried by an arthropod as an active vector (such as malaria that results from a mosquito bite), unless it is work-related.

(3)

The fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident.

Compare: 1998 No 114 s 28

Section 25(1)(a): substituted, on 1 July 2005, by section 10(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 25(1)(b): substituted, on 1 July 2005, by section 10(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 25(1)(ba): inserted, on 1 July 2005, by section 10(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).