Accident Compensation (Ancillary Services) Regulations 2002

Reprint as at 1 October 2017

Coat of Arms of New Zealand

Accident Compensation (Ancillary Services) Regulations 2002

(SR 2002/13)

Regulations name: amended, on 1 April 2014, by regulation 4(2) of the Accident Compensation (Ancillary Services) Amendment Regulations 2014 (LI 2014/29).

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 11th day of February 2002

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 325 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Accident Compensation (Ancillary Services) Regulations 2002.

Regulation 1: amended, on 1 April 2014, by regulation 4(2) of the Accident Compensation (Ancillary Services) Amendment Regulations 2014 (LI 2014/29).

2 Commencement

These regulations come into force on 1 April 2002.

3 Interpretation

In these regulations, unless the context otherwise requires,—

ambulance means any motor vehicle, aircraft, or vessel—

(a)

designed and used principally for the transport of sick or injured persons; and

(b)

operated by an ambulance operator

ambulance operator means a person who—

(a)

has a contract or arrangement for the emergency transport of sick or injured persons; and

(b)

is a participant in Ambulance New Zealand

emergency overseas transport means transport that—

(a)

starts within 24 hours of a claimant suffering a work-related personal injury or being found after suffering a work-related personal injury, whichever is the later; and

(b)

is necessary for the purpose of obtaining overseas treatment urgently for the claimant’s work-related personal injury; and

(c)

is provided at the request of a person equivalent to—

(i)

a constable; or

(ii)

an ambulance operator; and

(d)

occurs wholly outside New Zealand

emergency transport means transport that—

(a)

starts within 24 hours of a claimant suffering a personal injury or being found after suffering a personal injury, whichever is the later; and

(b)

is necessary for the purpose of obtaining treatment urgently for the claimant’s personal injury

overseas treatment means any treatment given outside New Zealand for which the Corporation would be liable to pay the cost if the treatment were provided in New Zealand

specified ancillary services means ancillary services that the Corporation is required to pay for, or contribute towards, under these regulations.

Regulation 3 Act: amended, on 1 April 2014, by regulation 5 of the Accident Compensation (Ancillary Services) Amendment Regulations 2014 (LI 2014/29).

Section 3(c)(i) emergency overseas transport: amended, on 1 October 2008, pursuant to section 116(a)(iii) of the Policing Act 2008 (2008 No 72).

Corporation’s liability to pay cost of specified ancillary services

4 Specified ancillary services subject to these regulations

The Corporation must pay, or contribute towards, the cost of specified ancillary services in accordance with these regulations.

5 Entitlement to ancillary services

(1)

The Corporation is liable to pay, or contribute towards, the cost of any specified ancillary service under regulations 6 to 17 if that service—

(a)

either—

(i)

is transport for the purpose of maintaining pre-incapacity employment as part of the claimant’s vocational rehabilitation; or

(ii)

relates to a specified kind of rehabilitation described in subclause (2) that is funded by the Corporation; and

(b)

is reasonably required by the claimant.

(2)

The specified kinds of rehabilitation are—

(a)

treatment:

(b)

a rehabilitation assessment or reassessment:

(c)

obtaining an aid or appliance, or having an aid or appliance fitted:

(d)

a programme provided under the training for independence provisions of the Act:

(e)

in-patient rehabilitation that the Corporation has approved:

(f)

residential rehabilitation that the Corporation has approved:

(g)

an out-patient rehabilitation programme that the Corporation has approved:

(h)

a specific programme, service, or course, including a trial of an employment option, that the Corporation requires the claimant to attend as part of the claimant’s vocational rehabilitation.

Transport in New Zealand

6 Emergency transport costs

(1)

The Corporation is liable to pay, for the emergency transport by ambulance (whether by road, air, or water) of the claimant,—

(a)

the amount payable under the contract or arrangement (if any) between the transport provider and the Corporation for the provision of the transport; or

(b)

if no such contract or arrangement exists, the lesser of—

(i)

the amount that the transport provider would have charged the Crown or a district health board or other person under an agreement (if any) in force under the New Zealand Public Health and Disability Act 2000 if the transport had been provided for the claimant for a reason other than his or her suffering personal injury; or

(ii)

the amount charged for the transport by the transport provider; or

(iii)

an amount equal to the lowest amount that would have been payable if the transport had been provided under a contract or arrangement with the Corporation.

(2)

If the emergency transport is by motor vehicle ambulance by road, the Corporation is liable to pay the amount (if any) that the transport provider would have charged the claimant if the transport had been provided for a reason other than his or her suffering personal injury.

(3)

[Revoked]

(4)

If there is no contract or arrangement between the emergency transport provider and the Corporation for the provision of the emergency transport, the Corporation is liable to pay under this regulation only if either—

(a)

the provider is dispatched by an emergency ambulance communications control centre; or

(b)

the provider can demonstrate that dispatch by an emergency ambulance communications control centre was not possible.

(5)

If emergency transport is provided by air, the amount that the Corporation is liable to pay under subclauses (1) to (4)—

(a)

relates to the costs of—

(i)

flying an aircraft from the aircraft’s base to the place where the claimant is collected; and

(ii)

transporting the claimant in the aircraft; and

(iii)

flying the aircraft from the place where the claimant is offloaded to the aircraft’s base; but

(b)

does not relate to the costs of—

(i)

time spent searching for the claimant; or

(ii)

time spent on those parts of the aircraft’s route that are unrelated to the emergency transport of the claimant.

Regulation 6(3): revoked, on 1 April 2014, by regulation 6 of the Accident Compensation (Ancillary Services) Amendment Regulations 2014 (LI 2014/29).

7 Non-emergency scheduled surface public transport costs

(1)

The Corporation is liable to pay the cost of non-emergency transport by scheduled surface public transport (such as a ferry, bus, train, or water taxi) to rehabilitation, to the extent specified in subclause (2), if—

(a)

the claimant—

(i)

travels more than 20 kilometres from the starting point to the nearest place for rehabilitation within 14 days after suffering personal injury; and

(ii)

presents himself or herself for rehabilitation at the end of the journey or, having made the journey, is unable to present for a reason beyond his or her control; or

(b)

the claimant—

(i)

travels more than 80 kilometres in 1 or more journeys within any calendar month; and

(ii)

presents himself or herself for rehabilitation at the end of the journey or journeys or, having made the journey or journeys, is unable to present for a reason beyond his or her control; or

(c)

the claimant—

(i)

spends more than $46 on scheduled surface public transport within any calendar month; and

(ii)

presents himself or herself for rehabilitation at the end of the journey or, having made the journey, is unable to present for a reason beyond his or her control.

(2)

The Corporation is liable under subclause (1) to pay the cost of—

(a)

the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabilitation, whether or not he or she actually gets it there; and

(b)

the return journey from that place if he or she makes a return journey.

(3)

If the claimant is travelling to receive counselling provided by a person under the Accident Insurance (“Counsellor”) Regulations 1999, the distance must be calculated on the basis of the claimant travelling to the nearest counsellor who meets the criteria set out in regulation 4(1)(b) of those regulations.

Regulation 7(1)(c)(i): amended, on 1 October 2010, by regulation 4 of the Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Amendment Regulations 2010 (SR 2010/328).

8 Non-emergency transport by private motor vehicle

(1)

The Corporation is liable to pay 29 cents per kilometre towards the cost of non-emergency transport by private motor vehicle to rehabilitation, to the extent specified in subclause (2), if—

(a)

the claimant—

(i)

travels more than 20 kilometres from the starting point to the nearest place for rehabilitation within 14 days after suffering personal injury; and

(ii)

presents himself or herself for rehabilitation at the end of the journey or, having made the journey, is unable to present for a reason beyond his or her control; or

(b)

the claimant—

(i)

travels more than 80 kilometres in 1 or more journeys within any calendar month; and

(ii)

presents himself or herself for rehabilitation at the end of the journey or journeys or, having made the journey or journeys, is unable to present for a reason beyond his or her control.

(2)

The Corporation is liable under subclause (1) to make the payment towards the cost of—

(a)

the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabilitation, whether or not he or she actually gets it there; and

(b)

the return journey from that place if he or she makes a return journey.

(3)

If the claimant is travelling to receive counselling provided by a person under the Accident Insurance (“Counsellor”) Regulations 1999, the distance must be calculated on the basis of the claimant travelling to the nearest counsellor who meets the criteria set out in regulation 4(1)(b) of those regulations.

Regulation 8(1): amended, on 1 October 2010, by regulation 5 of the Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Amendment Regulations 2010 (SR 2010/328).

9 Non-emergency transport by air

(1)

The Corporation is liable to pay the lowest appropriate fare for non-emergency transport by air to rehabilitation if—

(a)

the claimant has the Corporation’s prior approval and air transport is appropriate because of the long distance from the claimant’s home to the nearest place where he or she is able to get the rehabilitation; or

(b)

the claimant has the Corporation’s prior approval and air transport is appropriate because of the nature of the claimant’s injury.

(2)

The Corporation is liable under subclause (1) to make the payment towards the cost of—

(a)

the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabilitation, whether or not he or she actually gets it there; and

(b)

the return journey from that place if he or she makes a return journey.

10 Non-emergency ambulance transport

(1)

The Corporation is liable to pay the cost of non-emergency ambulance transport to rehabilitation if the claimant has the Corporation’s prior approval and the transport is appropriate because of the nature of the claimant’s injury.

(2)

The Corporation is liable under subclause (1) to make the payment towards the cost of—

(a)

the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabilitation, whether or not he or she actually gets it there; and

(b)

the return journey from that place if he or she makes a return journey.

11 Non-emergency other transport

(1)

In this regulation, other transport (such as a taxi or other non-scheduled passenger service) means transport other than transport to which any of regulations 7 to 10 applies.

(2)

The Corporation is liable to pay 29 cents per kilometre towards the cost of other transport to rehabilitation, to the extent specified in subclause (3), if—

(a)

the claimant—

(i)

travels more than 20 kilometres from the starting point to the nearest place for rehabilitation within 14 days after suffering personal injury; and

(ii)

presents himself or herself for rehabilitation at the end of the journey or, having made the journey, is unable to present for a reason beyond his or her control; or

(b)

the claimant—

(i)

travels more than 80 kilometres in 1 or more journeys within any calendar month; and

(ii)

presents himself or herself for rehabilitation at the end of the journey or journeys or, having made the journey or journeys, is unable to present for a reason beyond his or her control; or

(c)

the claimant—

(i)

spends more than $46 on other transport within any calendar month; and

(ii)

presents himself or herself for rehabilitation at the end of the journey or, having made the journey, is unable to present for a reason beyond his or her control.

(3)

The Corporation is liable under subclause (2) to make the payment towards the cost of—

(a)

the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabilitation, whether or not he or she actually gets it there; and

(b)

the return journey from that place if he or she makes a return journey.

(4)

However, instead of making payment in accordance with subclause (2), the Corporation is liable to pay the actual cost of the claimant’s other transport to rehabilitation under this subsection if—

(a)

the claimant satisfies the criteria in subclause (2)(a) or (b) or (c); and

(b)

the claimant has the Corporation’s prior approval; and

(c)

the transport is necessary and appropriate because of the nature of the claimant’s injury.

(5)

The cost referred to in subclause (4) is the actual cost of—

(a)

the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabilitation, whether or not he or she actually gets it there; and

(b)

the return journey from that place if he or she makes a return journey.

(6)

If the claimant is travelling to receive counselling provided by a person under the Accident Insurance (“Counsellor”) Regulations 1999, the distance must be calculated on the basis of the claimant travelling to the nearest counsellor who meets the criteria set out in regulation 4(1)(b) of those regulations.

Regulation 11(1): amended, on 1 October 2017, by section 110(8) of the Land Transport Amendment Act 2017 (2017 No 34).

Regulation 11(2): amended, on 1 October 2010, by regulation 6(1) of the Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Amendment Regulations 2010 (SR 2010/328).

Regulation 11(2)(c)(i): amended, on 1 October 2010, by regulation 6(2) of the Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Amendment Regulations 2010 (SR 2010/328).

12 Escort costs

(1)

The Corporation is liable to contribute towards the cost of one person who travels with the claimant within New Zealand because—

(a)

the claimant is under the age of 18 years; or

(b)

the medical condition of the claimant is such that he or she needs an escort; or

(c)

the person or organisation providing any transport that is used requires the claimant to be escorted.

(2)

The amount that the Corporation is liable to pay under subclause (1) must be calculated by applying regulations 7 to 11 and 14.

(3)

However, the Corporation is not liable to contribute towards the travel cost of an escort—

(a)

if the escort uses private motor vehicle transport and shares the transport with the claimant; or

(b)

if the escort acts as both escort and support person, and receives payment as a support person under regulation 13.

13 Support person costs

(1)

The Corporation is liable to contribute towards the costs of one support person who travels within New Zealand to visit the claimant if—

(a)

either—

(i)

the claimant is under the age of 18 years and the support person would be entitled to reimbursement under any of regulations 7 to 11 and 14 if he or she were a claimant; or

(ii)

the claimant is not under the age of 18 years and the support person would have to travel over 80 kilometres in a single trip (being in one direction) to visit the claimant; and

(b)

the claimant that the support person is visiting is receiving in-patient rehabilitation, or residential rehabilitation, that the Corporation has approved.

(2)

The amount payable under subclause (1), if paragraph (a)(i) of that subclause applies, must be calculated by applying regulations 7 to 11 and 14.

(3)

The amount payable under subclause (1), if paragraph (a)(ii) of that subclause applies, must be calculated by applying regulations 7 to 11 and 14, but only in respect of one return journey per week and 2 nights’ accommodation per week. The Corporation is liable to pay for the return journey only if the person makes a return journey.

(4)

However, the Corporation is not liable to contribute towards the cost of a support person—

(a)

if the support person uses private motor vehicle transport and shares the transport with the claimant; or

(b)

if the support person acts as both support person and escort, and receives payment as an escort under regulation 12.

14 Accommodation costs

(1)

The Corporation is liable to pay $57.55 per night for the costs of accommodation at a place other than the premises where the rehabilitation is given if the circumstances described in subclause (2) exist.

(2)

The circumstances are that it is necessary for the claimant, an escort required for a reason described in regulation 12 or a support person required for a reason described in regulation 13, or both the claimant and an escort or support person to stay away from home because of the transport services available to the claimant or the escort or support person.

(3)

The Corporation is liable to pay only the amount per night specified in subclause (1), no matter how many people require accommodation.

Regulation 14(1): amended, on 1 October 2010, by regulation 7 of the Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Amendment Regulations 2010 (SR 2010/328).

Emergency overseas treatment and transport

15 Emergency overseas treatment and transport costs

(1)

This regulation applies if—

(a)

a claimant who is ordinarily resident in New Zealand suffers a work-related personal injury outside New Zealand for which he or she would have cover if he or she had suffered it in New Zealand; and

(b)

because of the injury, the claimant incurs costs for overseas treatment or emergency overseas transport or both; and

(c)

the remuneration for the employment during which the claimant suffered the injury is remuneration that, for income tax purposes, is treated as income derived in New Zealand.

(2)

The Corporation is liable to pay for treatment only if the treatment was given within 6 months of the claimant suffering the injury.

(3)

With respect to treatment, the Corporation is liable to pay the lesser of—

(a)

the actual cost of the overseas treatment; or

(b)

the amount that the Corporation would be required to pay if the overseas treatment had been given in New Zealand.

(4)

With respect to transport, the Corporation is liable to pay the lesser of—

(a)

the actual cost of the emergency overseas transport; or

(b)

$300.00.

Alternative provision of ancillary services

16 Amount payable by Corporation when it contracts out provision of ancillary services

(1)

If the Corporation contracts out the provision of any specified ancillary services, it is liable to pay the amounts agreed between the Corporation and the provider of those services.

(2)

However, if the application of subclause (1) would result in the claimant being required to pay more than the claimant would be required to pay if the Corporation paid the amount required by these regulations, the Corporation is liable to pay the amount required by these regulations.

17 Provision of ancillary services in alternative way

(1)

The Corporation may pay for, or arrange the provision of, ancillary services in a way that is different from that specified by these regulations if the claimant is entitled to receive payment for, or be provided with, those services under regulations 4 to 16.

(2)

The alternative provision of ancillary services under subclause (1) must—

(a)

be practicable; and

(b)

have regard to the amount or amounts that the Corporation would otherwise have to pay under these regulations.

Miscellaneous provisions

18 Corporation not liable to pay cost of public health acute service

(1)

The Corporation is not liable to pay anything to a claimant for an ancillary service that is a public health acute service that—

(a)

the claimant receives; or

(b)

the claimant does not receive but is entitled to receive.

(2)

Subclause (1) applies even though the public health acute service is an ancillary service of a kind to which these regulations apply.

19 GST

All amounts specified or referred to in these regulations are inclusive of goods and services tax.

20 Revocations

Amendment(s) incorporated in the regulations.

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 14 February 2002.

Reprints notes
1 General

This is a reprint of the Accident Compensation (Ancillary Services) Regulations 2002 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Land Transport Amendment Act 2017 (2017 No 34): section 110(8)

Accident Compensation (Ancillary Services) Amendment Regulations 2014 (LI 2014/29)

Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Amendment Regulations 2010 (SR 2010/328)

Policing Act 2008 (2008 No 72): section 116(a)(iii)