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StatuteInjury Prevention, Rehabilitation, and Compensation Act 2001

Section 390 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Corporation may revise decisions

Text of the provision Official document

390 Corporation may revise decisions (1) The Corporation may revise any decision specified in subsection (2) if it appears to the Corporation that the decision was made in error, whatever the reason for the error. (2) The decisions are the following decisions made before the commencement of this Act: (a) decisions made by the Corporation (including decisions about premiums): (b) decisions not made by the Corporation, but made in respect of claims that the Corporation is responsible for managing. (3) In revising a decision, the Corporation must apply the Act that applied at the time when the decision being revised was made. (4) The Corporation may revise a decision that, by operation of section 66(1) of the Accident Insurance Act 1998, it has accepted a claim. (5) However, if the Corporation issues a decision in reliance on subsection (4) , the Corporation may not recover from the claimant any payments made by it, in respect of the claim, before the date of the revision unless the claimant made statements or provided information that are, in the opinion of the Corporation, fraudulent or intentionally misleading. (6) A revision may— (a) amend the original decision; or (b) revoke the original decision and substitute a new decision. (7) Every amendment to a decision, and every substituted decision, is a fresh decision. (8) Part 5 applies to every fresh decision made under this section. Compare: 1998 No 114 s 452

Official source: legislation.govt.nz

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