Section 6 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Interpretation

6 Interpretation (1) In this Act, unless the context otherwise requires,— accident has the meaning set out in section 25 Accounts means the Accounts required to be maintained and operated under section 166 activity , for the purposes of Part 6 ,— (a) means a business, industry, profession, trade, undertaking of an employer, a self-employed person, or a private domestic worker; and (b) includes ancillary or subservient functions relating to the activity, such as administration, management, marketing and distribution, technical support, maintenance, and product development; and (c) in the case of a self-employed person, refers to the nature of his or her work rather than the context or business in which he or she is working acupuncturist means— (a) a member of the New Zealand Register of Acupuncturists Incorporated; or (b) a member of the New Zealand Acupuncture Standards Authority Incorporated who— (i) is a qualified health professional registered to practise in some other medical discipline in New Zealand who holds a recognised postgraduate qualification in acupuncture of a minimum of 120 credits (1 year full time) at Level 8 or above on the New Zealand Register of Quality Assured Qualifications; or (ii) holds a National Diploma in Acupuncture (Level 7) or equivalent according to the criteria for the New Zealand Register of Quality Assured Qualifications acupuncturist: this definition was substituted, as from 11 May 2005, by section 3(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). acute treatment has the meaning set out in section 7 audiologist — (a) means a member of the New Zealand Audiological Society; but (b) does not include a member when he or she is acting in the course of employment by a supplier of hearing aids or acting as a supplier of hearing aids Board means the Board of the Corporation child , in relation to a deceased claimant,— (a) means his or her natural child; and (b) includes his or her adopted child; and (c) includes any other child who would ordinarily be regarded as his or her child because the deceased claimant— (i) was the spouse or partner of 1 of the child's parents; and (ii) acted as a parent of the child; but (d) does not include an other dependant of the claimant child: paragraph (c)(i) of this definition was amended, as from 26 April 2005, by section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “ or partner ” after the word “ spouse ” . child care means personal care or supervisory care of a child in New Zealand chiropractor means a health practitioner who— (a) is, or is deemed to be, registered with the Chiropractic Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of chiropractic; and (b) holds a current practising certificate chiropractor: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. claim means a claim under section 48 claimant , in relation to a deceased claimant, includes the spouse or partner, any child, and any other dependants of the deceased claimant claimant: this definition was amended, as from 26 April 2005, by section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “ or partner ” after the word “ spouse ” . clinical dental technician means a health practitioner who— (a) 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 (b) holds a current practising certificate clinical dental technician: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. close company has the same meaning as in section YA 1 of the Income Tax Act 2007 Code — (a) means the Code of ACC Claimants' Rights approved under section 44 ; and (b) includes any amendments to the Code approved under section 47 Commissioner means the Commissioner of Inland Revenue, and has the same meaning as in section 3(1) of the Tax Administration Act 1994 Corporation means the Accident Compensation Corporation continued by section 259 counsellor means a counsellor of a type described in regulations made under this Act cover has the meaning set out in section 8 Crown entity subsidiary has, subject to section 266 , the same meaning as in section 8(2) of the Crown Entities Act 2004 . Crown entity subsidiary: this definition was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115). Crown funding agreement has the same meaning as in section 10 of the New Zealand Public Health and Disability Act 2000 deceased claimant means a claimant who dies and whose cover under section 20 or section 22 is for death or for physical injuries from which he or she dies decision or Corporation's decision includes all or any of the following decisions by the Corporation (a) a decision whether or not a claimant has cover: (b) a decision about the classification of the personal injury a claimant has suffered (for example, a work-related personal injury or a motor vehicle injury): (c) a decision whether or not the Corporation will provide any entitlements to a claimant: (d) a decision about which entitlements the Corporation will provide to a claimant: (e) a decision about the level of any entitlements to be provided: (f) a decision relating to the levy payable by a particular levy payer: (g) a decision made under the Code about a claimant's complaint dental technician means a health practitioner who— (a) 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 (b) holds a current practising certificate dental technician: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. dentist means a health practitioner who— (a) 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 (b) holds a current practising certificate dentist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. district health board or other provider means a DHB or provider, as defined in section 6 of the New Zealand Public Health and Disability Act 2000 earner — (a) means a natural person who engages in employment, whether or not as an employee; and (b) includes a person to whom clause 43 or clause 44 of Schedule 1 applies Earners' Account means the Account described in section 218 Earners' Account Residual levy means the levy payable under section 219(2) earnings means— (a) earnings as an employee: (b) earnings as a self-employed person: (c) earnings as a shareholder-employee earnings as an employee has the meaning set out in sections 9 to 13 earnings as a self-employed person has the meaning set out in section 14 earnings as a shareholder-employee has the meaning set out in section 15 employee means a natural person who receives, or is entitled to receive,— (a) any amount that is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1 of the Income Tax Act 2007; or (b) any salary, wages, or other income to which section RD 3(2) to (4) of the Income Tax Act 2007 applies employer — (a) means a person, other than a person acting for an employer as a PAYE intermediary as defined in section YA 1 of the Income Tax Act 2007, who pays, or is liable to pay,— (i) any amount that, in relation to any other person, is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1 of the Income Tax Act 2007; and (ii) any salary, wages, or other gross income to which section RD 3(2) to (4) of the Income Tax Act 2007 applies; but (b) does not include, for the purpose of Part 6 , a person who is an employer solely by reason of any of section RD 5(1)(b)(iii), (6)(b), or (c) of the Income Tax Act 2007 Employers' Account [Repealed] Employers' Account: this definition was repealed, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8). See sections 14 to 16 of that Act for the transitional provisions. employment — (a) means work engaged in or carried out for the purposes of pecuniary gain or profit; and (b) in the case of an employee, includes a period of paid leave, other than paid leave on the termination of employment entitlement means the entitlements described or referred to in section 69 financial year means a period of 12 months ending with 30 June first week compensation means compensation payable under section 97 first week of incapacity means the period— (a) starting,— (i) in a case where there are separate periods of incapacity resulting from the same personal injury, on the day on which the initial period of incapacity commences; or (ii) in any other case, on the day on which an incapacity resulting from a personal injury first commences; and (b) ending with the close of the sixth day after that day foreign representative means any person who is not a permanent resident of New Zealand and who is present in New Zealand for the sole purpose of performing the person's duties— (a) either as a member of the staff of a diplomatic mission of any State (within the meaning of the Diplomatic Privileges and Immunities Act 1968 ) or as a member of a consular post of any State (within the meaning of the Consular Privileges and Immunities Act 1971 ); or (b) as a representative or officer or employee of the government of any country other than New Zealand; or (c) as a representative or officer or employee of any international organisation or of the Commonwealth Secretariat or of any organ of an international organisation or the Commonwealth Secretariat; or (d) as a representative at any conference convened in New Zealand by an international organisation or by the Commonwealth Secretariat former Act includes the Accident Insurance Act 1998, the Accident Rehabilitation and Compensation Insurance Act 1992, the Accident Compensation Act 1982, and the Accident Compensation Act 1972 full-time employment , in relation to an earner, means employment in the 4 weeks immediately before his or her incapacity commenced, for either— (a) an average of at least 30 hours per week; or (b) a lesser number of hours, if the lesser number of hours is defined as full-time employment in the employment agreement under which the earner was employed, because of the particular nature of that employment full-time study means a course of study recognised as full-time by the place of education that administers it fully funded , in relation to claims, means that the amount of the outstanding claims liability in respect of the claims is offset by an adequate level of assets to fund the cost of those claims, having regard to— (a) uncertainty in forecasting; and (b) the objective of levy stability over time government agency , for the purposes of Part 8 and section 324(4)(b)(ii) , includes a government department and a Crown entity health practitioner — (a) means a person who is, or is deemed to be, registered with an authority established or continued by section 114 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession; but (b) in relation to that health profession and to any purpose stated in a relevant notice under section 322A , does not include a person who, for that purpose, is declared not to be a health practitioner. health practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. impairment , unless otherwise defined in regulations made under section 322 , means a loss, loss of use, or derangement of any body part, organ system, or organ function incapacity ,— (a) for the purposes of determining incapacity, means incapacity determined under section 103 or section 105 , as the case may require; and (b) includes absence from employment in order to get treatment for personal injury covered by this Act, if the treatment— (i) is necessary for the injury; and (ii) is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1 income year [Repealed] income year: this definition was repealed, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35). individual rehabilitation plan — (a) means a plan under section 75 that provides for a claimant to receive rehabilitation that will assist in accordance with section 70 in restoring the claimant's health, independence, and participation to the maximum practicable extent; and (b) includes an individual rehabilitation programme or individual rehabilitation plan entered into under a former Act medical error [Repealed] medical error: this definition was repealed, as from 1 July 2005, by section 3(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). medical laboratory technologist means a health practitioner who— (a) is, or is deemed to be, registered with the Medical Laboratory Science Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science; and (b) holds a current practising certificate medical laboratory technologist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. Medical Misadventure Account [Repealed] Medical Misadventure Account: this definition was repealed, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8). See sections 14 to 16 of that Act for the transitional provisions. medical mishap [Repealed] medical mishap: this definition was repealed, as from 1 July 2005, by section 3(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). medical practitioner means a health practitioner who— (a) 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 (b) holds a current practising certificate medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. medical radiation technologist means a health practitioner who— (a) is, or is deemed to be, registered with the Medical Radiation Technologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical radiation technology; and (b) holds a current practising certificate medical radiation technologist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. mental injury has the meaning set out in section 27 midwife means a health practitioner who— (a) 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 (b) holds a current practising certificate midwife: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998 Motor Vehicle Account means the Account described in section 213 Motor Vehicle Account Residual levy means the levy payable under section 214(3) motor vehicle injury has the meaning set out in sections 29 and 35 New Zealand has the meaning set out in section 16 New Zealand superannuation qualification age ,— (a) for a person born before 1 April 1936, means the appropriate age set out in section 3 of the Social Welfare (Transitional Provisions) Act 1990 (before its repeal): (b) for any other person, means the age specified in section 7 of the New Zealand Superannuation and Retirement Income Act 2001 ,— irrespective of whether or not the particular person qualifies for New Zealand superannuation at that or any other age. New Zealand superannuation qualification age: this definition was substituted, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84). New Zealand superannuation qualification age: paragraph (b) of this definition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting the words “ New Zealand Superannuation and Retirement Income Act 2001 ” for the words “ New Zealand Superannuation Act 2001 ” . non-earner means a natural person who is not an earner Non-Earners' Account means the Account described in section 227 nurse means a health practitioner who— (a) is, or is deemed to be, registered with the Nursing 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 nursing whose scope of practice permits the performance of general nursing functions; and (b) holds a current practising certificate nurse: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. nurse practitioner means a health practitioner who— (a) is, or is deemed to be, registered with the Nursing 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 nursing whose scope of practice permits the performance of nurse practitioner functions; and (b) holds a current practising certificate occupational therapist means a health practitioner who— (a) is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy; and (b) holds a current practising certificate occupational therapist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. optometrist means a health practitioner who— (a) is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry; and (b) holds a current practising certificate optometrist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. ordinarily resident in New Zealand has the meaning set out in section 17 osteopath means a health practitioner who— (a) 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 (b) holds a current practising certificate osteopath: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. other dependant means a person who has all the following characteristics immediately before a deceased claimant's death (a) because of his or her physical or mental condition, he or she is financially dependent on the deceased claimant: (b) he or she is deriving average earnings per week of less than the minimum weekly earnings as determined under clause 42(3) of Schedule 1: (c) he or she is not the deceased claimant's spouse or partner: (d) he or she is not a child of the deceased claimant under 18 years other dependant: this definition was amended, as from 26 April 2005, by section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “ or partner ” after the word “ spouse ” . outstanding claims liability , in relation to a particular date, means the present value of expected future payments in respect of claims under this Act or any of the former Acts, which claims are— (a) claims notified to, and accepted by, the Corporation before that date, in respect of which payments have not been fully made at that date; and (b) claims that relate to events that have already occurred, but that have not been notified to, or accepted by, the Corporation as at that date; and (c) claims of a type described in paragraph (a) or paragraph (b) that have been taken on by the Corporation, in accordance with section 7 of the Accident Insurance (Transitional Provisions) Act 2000, under an agreement with an insurer overpayment means an overpayment of the type described in section 248(1)(a) parental leave has the same meaning as in section 2(1) of the Parental Leave and Employment Protection Act 1987 partner , in the phrase “ spouse or partner ” and in related contexts, has the meaning set out in section 18A(1) to (3) ; and, in relation to a deceased claimant, has the meaning set out in section 18A(4) to (6) partner: this definition was inserted, as from 26 April 2005, by section 3 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12). PAYE income payment has the same meaning as in section RD 3(1) of the Income Tax Act 2007 personal injury has the meaning set out in section 26 personal injury caused by a work-related gradual process, disease, or infection has the meaning set out in section 30 personal injury caused by medical misadventure [Repealed] personal injury caused by medical misadventure: this definition was repealed, as from 1 July 2005, by section 3(4) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). personal injury covered by any former Act means— (a) personal injury covered by the Accident Insurance Act 1998: (b) personal injury covered by the Accident Rehabilitation and Compensation Insurance Act 1992: (c) personal injury by accident covered by the Accident Compensation Act 1982 or the Accident Compensation Act 1972 pharmaceutical means— (a) a prescription medicine, a restricted medicine, or a pharmacy-only medicine, as listed in Parts 1 , 2 , and 3 of Schedule 1 of the Medicines Regulations 1984 ; or (b) a controlled drug as defined in the Misuse of Drugs Act 1975 pharmacist means a health practitioner who— (a) 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 (b) holds a current practising certificate pharmacist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. physiotherapist means a health practitioner who— (a) is, or is deemed to be, registered with the Physiotherapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy; and (b) holds a current practising certificate physiotherapist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. place of education — (a) means— (i) a composite school or a secondary school as defined by section 2(1) of the Education Act 1989 , or a secondary school or a composite private school registered under section 35A of the Education Act 1989 ; and (ii) an institution, such as a polytechnic, teachers college, university or wananga, as defined by section 159(1) of the Education Act 1989 ; and (iii) a registered establishment as defined by section 159(1) of the Education Act 1989 ; and (b) includes any other prescribed place of education place of employment means any premises or place— (a) occupied for the purposes of employment; or (b) to which a person has access because of his or her employment; or (c) attended by a person for a course of education or training for the purposes of his or her current employment, if he or she receives earnings from that employment for his or her attendance podiatrist means a health practitioner who— (a) is, or is deemed to be, registered with the Podiatrists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of podiatry; and (b) holds a current practising certificate podiatrist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. potential earner means a claimant who either— (a) suffered personal injury before turning 18 years; or (b) suffered personal injury while engaged in full-time study or training that began before the claimant turned 18 years and continued uninterrupted until after the claimant turned 18 years practicable , in relation to rehabilitation, means practicable after considering and balancing the following (a) the nature and consequences of the injury: (b) the achievement of rehabilitation outcomes: (c) costs: (d) cost effectiveness: (e) the availability of other forms of rehabilitation: (f) other relevant factors practising certificate means an annual practising certificate issued by the relevant authority under section 26(3) or section 29(4) , or deemed to have been issued under section 191(2) , of the Health Practitioners Competence Assurance Act 2003 practising certificate: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. private domestic worker means a person— (a) who is employed by any other person where— (i) the employer is the occupier or 1 of the occupiers of a dwellinghouse or other premises used exclusively for residential purposes; and (ii) the employment is for the performance of work in or about the dwellinghouse or premises or the garden or grounds belonging to the dwellinghouse or premises; and (iii) the employment is not in relation to any business carried on by the employer or to any occupation or calling of the employer; and (iv) the employment is not regular full-time employment; and (b) to whom section RD 4 of the Income Tax Act 2007 (obligation to make own tax deductions) applies public health acute services means services (as defined in regulations made under section 322(2) ) that are purchased through the Minister of Health and provided by a publicly funded provider registered health professional — (a) means a chiropractor, clinical dental technician, dental technician, dentist, medical laboratory technologist, medical practitioner, medical radiation technologist, midwife, nurse, nurse practitioner, occupational therapist, optometrist, pharmacist, physiotherapist, or podiatrist; and (b) includes any person referred to in paragraph (a) who holds an interim practising certificate but only when acting in accordance with any conditions of such interim certificate; and (c) includes a member of any occupational group included in the definition of registered health professional by regulations made under section 322 registered medical practitioner [Repealed] registered medical practitioner: this definition was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. Registrar , in relation to an appeal to a District Court under Part 5 , means a Registrar of a specified registry; and includes a Deputy Registrar of a specified registry rehabilitation — (a) means a process of active change and support with the goal of restoring, to the extent provided under section 70 , a claimant's health, independence, and participation; and (b) comprises treatment, social rehabilitation, and vocational rehabilitation Residual Claims Account means the Account described in section 192 Residual Claims levy means the levy payable under section 193 road has the same meaning as in section 2(1) of the Land Transport Act 1998 scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003 . scope of practice: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. self-employed person means a natural person who has earnings as a self-employed person Self-Employed Work Account [Repealed] Self-Employed Work Account: this definition was repealed, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8). See sections 14 to 16 of that Act for the transitional provisions. shareholder-employee means a natural person who is a shareholder in, and an employee of, a close company specified maximum , in relation to earnings, means the relevant prescribed maximum amount of earnings on which a levy is payable by or in respect of any person specified registry , in relation to an appeal under Part 5 , means a registry of a District Court that is for the time being specified in regulations made under this Act for the purposes of sending or filing notices of appeal speech therapist means a member of the New Zealand Speech Language Therapists Association (Incorporated) spouse has the meaning set out in section 18(1) to (3) ; and, in relation to a deceased claimant, has the meaning set out in section 18(4) to (6) suffers is affected in its interpretation by— (a) section 36 and clause 55 of Schedule 1, when it is used in relation to mental injury: (b) section 37 and clause 55 of Schedule 1, when it is used in relation to personal injury caused by a work-related gradual process, disease, or infection: (c) section 38 and clause 55 of Schedule 1, when it is used in relation to treatment injury or personal injury caused by medical misadventure suffers: paragraph (c) of this definition was amended, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8) by inserting “ treatment injury or ” after “ in relation to ” . See sections 14 to 16 of that Act for the transitional provisions. tax year , in relation to any person, has the same meaning as in section YA 1 of the Income Tax Act 2007 for the purposes of furnishing a return of income under the Tax Administration Act 1994 . trade plate means a trade plate issued under section 22 of the Transport Act 1962 or section 34 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 treatment includes— (a) physical rehabilitation: (b) cognitive rehabilitation: (c) an examination for the purpose of providing a certificate including the provision of the certificate treatment injury has the meaning set out in section 32 treatment injury: this definition was inserted, as from 1 July 2005, by section 3(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Treatment Injury Account means the Account described in section 228 Treatment Injury Account: this definition was inserted, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8). See sections 14 to 16 of that Act for the transitional provisions. treatment provider — (a) means an acupuncturist, audiologist, chiropractor, counsellor, dentist, medical laboratory technologist, nurse, nurse practitioner, occupational therapist, optometrist, osteopath, physiotherapist, podiatrist, medical practitioner, or speech therapist; and (b) includes a member of any occupational group included in the definition of treatment provider by regulations made under section 322 vocational independence , in relation to a claimant, means the claimant's capacity, as determined under section 107 , to engage in work— (a) for which he or she is suited by reason of experience, education, or training, or any combination of those things; and (b) for 35 hours or more a week weekly compensation means compensation for loss of earnings, or loss of potential earning capacity, and compensation for the spouse or partner, child, or other dependant of a deceased claimant, that is payable by the Corporation— (a) under any of clauses 32 , 47 , 66 , 70 , and 71 of Schedule 1; or (b) under sections 131 , 210 , 224 , Part 10 , or Part 11 weekly compensation: this definition was amended, as from 26 April 2005, by section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “ or partner ” after the word “ spouse ” . Work Account means the Account described in section 167 . Work Account: this definition was inserted, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8). See sections 14 to 16 of that Act for the transitional provisions. weekly earnings , in relation to an earner, means the weekly earnings of that earner determined in accordance with Part 2 of Schedule 1 work-related personal injury has the meaning set out in sections 28 and 29(1) . (2) An example used in this Act is only illustrative of the provision it relates to. It does not limit the provision. Compare: 1998 No 114 s 13 Section 6(1) close company : amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). close company: this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “ Income Tax Act 2004 ” for the words “ Income Tax Act 1994 ” . Section 6(1) employee paragraph (a): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). employee: paragraphs (a) and (b) of this definition were amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “ Income Tax Act 2004 ” for the words “ Income Tax Act 1994 ” . Section 6(1) employee paragraph (b): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). employee: paragraph (b) of this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by omitting the word “ gross ” . Section 6(1) employer paragraph (a): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). employer: paragraph (a) of this definition was amended by section 165(1) Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 (2003 No 5) by inserting the words “ , other than a person acting for an employer as a PAYE intermediary as defined in section OB 1 of the Income Tax Act 1994, ” after the words “ a person ” with application to obligations that arise as from 1 April 2004. employer: paragraph (a) of this definition (before subpara (i)) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “ Income Tax Act 2004 ” for the words “ Income Tax Act 1994 ” . Section 6(1) employer paragraph (a)(i): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). Section 6(1) employer paragraph (a)(ii): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). employer: paragraphs (a)(i) and (a)(ii) of this definition were amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “ Income Tax Act 2004 ” for the words “ Income Tax Act 1994 ” . employer: paragraph (a)(ii) of this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by omitting the word “ gross ” . Section 6(1) employer paragraph (b): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). employer: paragraph (b) of this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “ paragraph (b)(ix) or (xi) to (xvi) of the definition of salary or wages in section OB 1 of the Income Tax Act 2004 ” for the words “ paragraphs (f), (g), (h), (i), (ia), (ib), or (iba) of the definition of salary or wages in section OB 1 of the Income Tax Act 1994 ” . Section 6(1) nurse practitioner : inserted, on 1 August 2008, by section 4(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Section 6(1) PAYE income payment : inserted, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). Section 6(1) private domestic worker paragraph (b): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). private domestic worker: this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “ Income Tax Act 2004 ” for the words “ Income Tax Act 1994 ” . registered health professional: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. Section 6(1) registered health professional paragraph (a): amended, on 1 August 2008, by section 4(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Section 6(1) source deduction payment : repealed, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). tax year: this definition was inserted, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35). Section 6(1) tax year : amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97). Section 6(1) treatment provider paragraph (a): amended, on 1 August 2008, by section 4(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). treatment provider: paragraph (a) of this definition was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “ registered ” . See sections 178 to 227 of that Act as to the transitional provisions.