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StatuteInjury Prevention, Rehabilitation, and Compensation Act 2001

Section 318 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Proceedings for personal injury caused by work-related gradual process, disease, or infection

Text of the provision Official document

318 Proceedings for personal injury caused by work-related gradual process, disease, or infection (1) This section applies to proceedings for damages arising directly or indirectly out of personal injury caused by a work-related gradual process, disease, or infection that is— (a) personal injury covered by this Act; or (b) personal injury covered by the former Acts. (2) No person may bring proceedings to which this section applies independently of this Act in any court in New Zealand, whether the proceedings are under any rule of law or any enactment. (3) Subsection (2) does not prevent a person who commenced proceedings to which this section applies before 1 April 1993 from completing the proceedings. (4) Subsection (2) does not prevent any person bringing proceedings relating to, or arising from,— (a) any damage to property; or (b) any express term of any contract or agreement (other than an accident insurance contract under the Accident Insurance Act 1998); or (c) the unjustifiable dismissal of any person or any other personal grievance arising out of a contract of service. (5) However, no court, tribunal, or other body may award compensation in any proceedings referred to in subsection (4) for personal injury of the kinds described in subsection (1) . Compare: 1998 No 114 s 395

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.