Section 324 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Regulations relating to rehabilitation

324 Regulations relating to rehabilitation (1) For the purposes of Part 4 and Schedule 1 , the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations— (a) prescribing the costs that the Corporation is liable to pay for the entitlement of rehabilitation: (b) prescribing the circumstances in which, and the method by which, the Corporation must make any payment for rehabilitation: (c) prescribing the circumstances in which, and the method by which, the Corporation may make arrangements, and make contributions, for rehabilitation: (d) prescribing the persons to whom those payments may be made. (2) The Minister must not make any recommendation under subsection (1) without first receiving a recommendation from the Corporation and consulting the persons or organisations the Minister considers appropriate, having regard to the subject-matter of the proposed regulations. (3) Without limiting the matters that may be prescribed by regulations, regulations made under subsection (1) may— (a) prescribe— (i) a percentage, or different percentages, of the total costs to be paid by the Corporation; or (ii) a specified amount, or specified amounts, that the Corporation is liable to pay in respect of those costs in specified circumstances: (b) provide that the Corporation is liable to make payments in respect of costs only to the extent that costs exceed amounts specified in the regulations: (c) provide that the Corporation is liable to make payments in respect of rehabilitation only if a person who is a member of a class prescribed in the regulations— (i) provides rehabilitation; or (ii) refers a claimant to rehabilitation; or (iii) directly supervises the provision of rehabilitation: (d) provide that the Corporation— (i) must not pay any of the cost of specified rehabilitation; or (ii) is liable to pay some or all of such costs only if conditions specified in the regulations or by the Corporation are met: (e) prescribe— (i) an amount that the claimant must or must not pay for rehabilitation that is treatment; or (ii) a percentage that the claimant must or must not pay of the total amount payable for treatment. (4) Without limiting the matters that may be prescribed by regulations, regulations made under subsection (1) may contain different provisions in respect of— (a) payments relating to work-related personal injury and payments relating to other personal injury: (b) payments relating to claimants based on— (i) the need of a claimant as assessed by the Corporation; or (ii) assessments conducted by or on behalf of any other relevant government agency; or (iii) both: (c) payments to persons not resident in New Zealand at the time of receiving the payments. (5) The Minister, in consultation with the Minister of Finance and the Minister of Health, may approve for a specified period no longer than 6 months any item that is recommended by the Corporation for inclusion in regulations under this section as if it were prescribed by regulations made under subsection (1) . (6) An approval under subsection (5) — (a) must be given by notice in the Gazette ; and (b) has effect as if it were prescribed by regulations made under subsection (1) ; and (c) lapses on the expiration of the period for which the approval is given. Compare: 1998 No 114 s 402 Section 324(2): substituted, on 1 August 2008, by section 28 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Subsection (2)(a)(ii) was repealed, as from 11 May 2005, by section 54 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Subsection (3)(d)(i) was amended, as from 11 May 2005, by section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by substituting the words “ must not ” for the words “ is not liable to ” .