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StatuteInjury Prevention, Rehabilitation, and Compensation Act 2001

Section Sch1-19 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Modifications to home: rights and responsibilities

Text of the provision Official document

19 Modifications to home: rights and responsibilities (1) The Corporation is responsible for— (a) making a preliminary assessment as to whether the proposed modifications serve the purpose in section 79 ; and (b) if it considers the proposed modifications serve that purpose, meeting the costs of obtaining local authority approval. (2) The claimant is responsible for— (a) obtaining the written consent to the modifications to which the Corporation has given preliminary approval, from the owner of the home and any lessor or co-tenant or mortgagee; and (b) obtaining any quotes required by the Corporation for the proposed modifications. (3) The Corporation is— (a) not required to be a contracting party at any stage of the modifications: (b) not liable to the claimant or any other person for any liability arising from the carrying out of the modifications, other than for payment for those modifications the Corporation has approved: (c) not liable— (i) to ensure that the claimant pays any person that undertakes the modifications; or (ii) to pay that person directly, if the claimant does not pay: (d) not liable for the cost of insuring the modifications or the home in which the modifications have been installed: (e) not required to replace any such modifications if the claimant continues to reside in the home: (f) not liable for the cost of removing any modifications no longer required: (g) not liable for the cost of returning a home to its former state if the claimant no longer occupies it: (h) not liable for any loss of value of any home resulting from any modifications to, or removal of modifications from, the home: (i) not required to provide or contribute to the cost of modifications to a home to which the claimant moves from the modified home, unless the Corporation has approved the costs of those modifications: (j) not required to repair or replace any home or modifications that are not insured and that are damaged. (4) The Corporation is not entitled to recover any payment made to the claimant if— (a) the modifications are removed or are no longer required; or (b) the claimant no longer occupies the home to which the modifications were made. Compare: 1998 No 114 Schedule 1 cl 48 Subclause (3)(e) and (i) was amended, as from 1 July 2005, by section 60(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by substituting the words “ not required to ” for the words “ not liable to ” . Subclause (3)(j) was substituted, as from 1 July 2005, by section 60(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Official source: legislation.govt.nz

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