Injury Prevention, Rehabilitation, and Compensation (Lump Sum and Independence Allowance) Regulations 2002

Reprint
as at 22 February 2002

Crest

Injury Prevention, Rehabilitation, and Compensation (Lump Sum and Independence Allowance) Regulations 2002

(SR 2002/22)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 18th day of February 2002

Present:
Her Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Department of Labour.


Pursuant to sections 326, 333, and 378 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 Injury Prevention, Rehabilitation, and Compensation (Lump Sum and Independence Allowance) Regulations 2002.

2 Commencement
  • These regulations come into force on 1 April 2002.

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    AMA4 means the American Medical Association Guides to the Evaluation of Permanent Impairment (Fourth Edition)

    assessor means—

    • (a) an assessor appointed under clause 58 of Schedule 1 of the Act; or

    • (b) an assessor appointed under clause 60 of Schedule 1 of the Accident Insurance Act 1998 (as applied by sections 377 and 378 of the Injury Prevention, Rehabilitation, and Compensation Act 2001)

    independence allowance means an independence allowance under the Accident Insurance Act 1998 that is or may be payable by virtue of the Injury Prevention, Rehabilitation, and Compensation Act 2001

    lump sum compensation means lump sum compensation under Part 3 of Schedule 1 of the Act.

4 Assessment tool for assessing eligibility for lump sum payments and independence allowance
  • (1) Assessment of a person's whole-person impairment, for the purposes of determining the person's eligibility to receive lump sum compensation or an independence allowance, must be carried out by an assessor using the assessment tool prescribed by subclause (2).

    (2) The assessment tool comprises—

    • (a) the American Medical Association Guides to the Evaluation of Permanent Impairment (Fourth Edition); and

    • (b) the ACC User Handbook to AMA4.

    (3) The ACC User Handbook to AMA4 prevails if there is a conflict between it and the American Medical Association Guides to the Evaluation of Permanent Impairment (Fourth Edition).

5 Scale of lump sum compensation
  • The scale of lump sum compensation is set out in the Schedule.


Schedule
Scale of lump sum compensation

r 5

 Whole-person impairment
(%)
Lump sum payment
($)
 
 102,500 
 112,837 
 123,187 
 133,548 
 143,922 
 154,310 
 164,710 
 175,125 
 185,554 
 195,999 
 206,459 
 216,935 
 227,427 
 237,937 
 248,465 
 259,011 
 269,577 
 2710,162 
 2810,767 
 2911,394 
 3012,043 
 3112,714 
 3213,409 
 3314,128 
 3414,873 
 3515,643 
 3616,441 
 3717,266 
 3818,120 
 3919,005 
 4019,920 
 4120,867 
 4221,847 
 4322,862 
 4423,912 
 4524,999 
 4626,124 
 4727,288 
 4828,493 
 4929,740 
 5031,031 
 5132,367 
 5233,750 
 5335,181 
 5436,662 
 5538,195 
 5639,782 
 5741,424 
 5843,124 
 5944,883 
 6046,704 
 6148,589 
 6250,539 
 6352,558 
 6454,648 
 6556,810 
 6659,049 
 6761,365 
 6863,763 
 6966,245 
 7068,813 
 7171,472 
 7274,223 
 7377,071 
 7480,018 
 7583,069 
 7686,226 
 7789,494 
 7892,876 
 7996,377 
 80 and over100,000 

Marie Shroff,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations come into force on 1 April 2002 and prescribe, for the purposes of the Injury Prevention, Rehabilitation, and Compensation Act 2001,—

  • the assessment tool to be used to assess a person's eligibility for lump sum compensation or the independence allowance:

  • the scale of lump sum compensation.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 February 2002.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Injury Prevention, Rehabilitation, and Compensation (Lump Sum and Independence Allowance) Regulations 2002. The reprint incorporates all the amendments to the regulations as at 22 February 2002, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)