Section 321 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Powers of Corporation when person has right to bring proceedings

321 Powers of Corporation when person has right to bring proceedings (1) Subsection (2) applies when— (a) any entitlement is required to be provided under this Act for personal injury to a person; and (b) the person has the right to bring proceedings for damages in New Zealand or elsewhere for the personal injury. (2) When this subsection applies, the Corporation may require a person to do 1 of the following things, at the person's option and at the Corporation's expense: (a) to take all reasonable steps to enforce the right; or (b) to assign the right to the Corporation, and to do all other things necessary to enable the right to be enforced by the Corporation, within a reasonable period. (3) Subsection (4) applies when— (a) any entitlement has been or is required to be provided under this Act for personal injury to a person; and (b) the person has received a sum of money by way of damages, compensation, or settlement of any claim in New Zealand or elsewhere for the personal injury. (4) When this subsection applies, the Corporation may, as the case requires,— (a) deduct, from the cost of the entitlement required to be provided to a person, a sum equivalent to the net amount received by way of damages, compensation, or settlement; or (b) recover from the person, as a debt due, the entitlement provided. (5) Nothing in subsection (4) applies to— (a) any money paid on a claim by the person under an insurance contract (other than an accident insurance contract under the Accident Insurance Act 1998) taken out by the person: (b) any payment from a registered superannuation scheme: (c) [Repealed] (d) any damages awarded under any Act. Compare: 1998 No 114 s 398 Subsection (5)(c) was repealed, as from 30 June 2002, by section 187 Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).