Version as at 30 October 2022
(LI 2019/194)
Rt Hon Dame Helen Winkelmann, Administrator of the Government
At Wellington this 12th day of August 2019
Present:Her Excellency the Administrator of the Government in Council
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
These regulations are made under sections 322 and 333(1)(d) of the Accident Compensation Act 2001—
on the advice and with the consent of the Executive Council; and
on the recommendation of the Minister for ACC made after being satisfied that there has been appropriate consultation in accordance with section 322(3) of that Act.
These regulations are the Accident Compensation (Definitions) Regulations 2019.
These regulations come into force on 1 October 2019.
(1)
In these regulations, unless the context otherwise requires,—
Act means the Accident Compensation Act 2001
acupuncturist means a person who—
is a full member of the New Zealand Register of Acupuncturists (Acupuncture NZ) Incorporated or a registered member of the New Zealand Acupuncture Standards Authority Incorporated; and
holds a current practising certificate
anaesthetic technician means a person who—
is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of anaesthetic technology services; and
audiologist means a person who—
is a full member of the New Zealand Audiological Society Incorporated; and
holds a current practising certificate; but
does not include a member who is acting—
as a supplier of hearing aids; or
in the course of employment by a supplier of hearing aids
chiropractor means a person who—
is, or is deemed to be, registered with the Chiropractic Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of chiropractic; and
clinical dental technician means a person who—
is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of clinical dental technology; and
counsellor has the meaning set out in regulation 5
dental hygienist means a person who—
is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dental hygiene; and
dental technician means a person who—
is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dental technology; and
dental therapist means a person who—
is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dental therapy; and
dentist means a person who—
is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry; and
dietitian means a person who—
is, or is deemed to be, registered with the Dietitians Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dietetics; and
dispensing optician means a person who—
is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optical dispensing; and
health profession has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003
interim practising certificate means an interim practising certificate issued under section 31(1) of the Health Practitioners Competence Assurance Act 2003
medical laboratory science practitioner means a person who—
is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science; and
medical practitioner means a health practitioner who—
is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; and
medical radiation technologist means a person who—
is, or is deemed to be, registered with the Medical Radiation Technologists Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical radiation technology; and
midwife means a person who—
is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery; and
nurse means a person who—
is, or is deemed to be, registered with the Nursing Council of New Zealand continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the practice of general nursing; and
nurse practitioner has the meaning set out in regulation 6
occupational therapist means a person who—
is, or is deemed to be, registered with the Occupational Therapy Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy; and
optometrist means a person who—
is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry; and
oral health therapist means a person who—
is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of oral health therapy; and
osteopath means a person who—
is, or is deemed to be, registered with the Osteopathic Council established by section 114(4) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of osteopathy; and
pharmacist means a person who—
is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy; and
physiotherapist means a person who—
is, or is deemed to be, registered with the Physiotherapy Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy; and
podiatrist means a person who—
is, or is deemed to be, registered with the Podiatrists Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of podiatry; and
practising certificate has the same meaning as in section 6(1) of the Act
psychologist means a person who—
is, or is deemed to be, registered with the Psychologists Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology; and
psychotherapist means a person who—
is, or is deemed to be, registered with the Psychotherapists Board established by the Health Practitioners Competence Assurance (Designation of Psychotherapy Services as Health Profession) Order 2007 as a practitioner of the profession of psychotherapy services; and
scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003
speech therapist means a person who—
is a registered member of the New Zealand Speech Language Therapists Association Incorporated; and
holds a current practising certificate.
(2)
Unless the context otherwise requires, any term or expression that is defined in the Act and used, but not defined, in these regulations has the meaning given by the Act.
Regulation 3(1) medical practitioner: inserted, on 30 October 2022, by section 20 of the Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 (2022 No 51).
The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.
For the purposes of the Act, counsellor means a person who is entitled to payment as a counsellor from an insurer under the Accident Insurance (“Counsellor”) Regulations 1999.
For the purposes of the Act, nurse practitioner means a person who—
is, or is deemed to be, registered with the Nursing Council of New Zealand continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of nurse practitioner functions; and
For the purposes of the Act, registered health professional means—
a person who is—
an anaesthetic technician; or
a chiropractor; or
a clinical dental technician; or
a dental hygienist; or
a dental technician; or
a dental therapist; or
a dentist; or
a dietitian; or
a dispensing optician; or
a medical laboratory science practitioner; or
a medical practitioner; or
a medical radiation technologist; or
a midwife; or
a nurse; or
a nurse practitioner; or
an occupational therapist; or
an optometrist; or
an oral health therapist; or
an osteopath; or
a pharmacist; or
a physiotherapist; or
a podiatrist; or
a psychologist; or
a psychotherapist; or
a person who holds an interim practising certificate for, and practises in, a health profession in which a person referred to in paragraph (a) practises, but only if the person is acting in accordance with any conditions of the interim certificate.
For the purposes of the Act, treatment provider means any of the following:
an acupuncturist:
an audiologist:
a chiropractor:
a counsellor:
a dentist:
a medical laboratory science practitioner:
a medical practitioner:
a nurse:
a nurse practitioner:
an occupational therapist:
an optometrist:
an osteopath:
a physiotherapist:
a podiatrist:
a speech therapist.
r 4
There are no transitional, savings, or related provisions relating to these regulations as made.
Rachel Hayward,for the Clerk of the Executive Council.
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 15 August 2019.
This is a consolidation of the Accident Compensation (Definitions) Regulations 2019 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 (2022 No 51): section 20