Injury Prevention, Rehabilitation, and Compensation Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 313 — Informations
313 Informations (1) Despite anything in section 14 of the Summary Proceedings Act 1957 or in any other Act, any information in respect of any offence against this Act, or against any regulations…
Section 314 — Summary conviction
314 Summary conviction An offence against this Act is punishable on summary conviction unless the contrary is specified. Compare: 1998 No 114 s 380
Section 315 — General fine for offences
315 General fine for offences A person who commits an offence against this Act or any regulations made under it for which no fine is provided in this Act or its regulations, otherwise than in this…
Section 316 — Offences in relation to deductions
316 Offences in relation to deductions (1) Subject to subsection (5) , a person commits an offence against this Act who,— (a) being an employer, or a PAYE intermediary or a private domestic worker,…
Section 317 — Proceedings for personal injury
317 Proceedings for personal injury (1) No person may bring proceedings independently of this Act, whether under any rule of law or any enactment, in any court in New Zealand, for damages arising…
Section 318 — Proceedings for personal injury caused by work-related gradual process, disease, or infection
318 Proceedings for personal injury caused by work-related gradual process, disease, or infection (1) This section applies to proceedings for damages arising directly or indirectly out of personal…
Section 319 — Exemplary damages
319 Exemplary damages (1) Nothing in this Act, and no rule of law, prevents any person from bringing proceedings in any court in New Zealand for exemplary damages for conduct by the defendant that…
Section 320 — Corporation to be heard
320 Corporation to be heard (1) This section applies to proceedings in which a question arises as to whether or not a person— (a) has suffered personal injury for which he or she has cover; or (b)…
Section 321 — 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;…
Section 322 — Regulations relating to definitions
322 Regulations relating to definitions (1) The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations— (a) defining acute admission for the purposes of…
Section 322A — Definition of health practitioner may be limited
322A Definition of health practitioner may be limited (1) The Minister may, from time to time, by notice in the Gazette , declare that a person is not a health practitioner of a particular health…
Section 323 — Regulations relating to claims for noise-induced hearing loss caused by work-related gradual process
323 Regulations relating to claims for noise-induced hearing loss caused by work-related gradual process (1) For the purposes of Part 3 , the Governor-General may, on the recommendation of the…
Section 324 — 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)…
Section 324A — Annual review of amounts prescribed by regulations made under section 324
324A Annual review of amounts prescribed by regulations made under section 324 (1) The Corporation must conduct an annual review of the amounts, prescribed by regulations made under section 324 ,…
Section 325 — Regulations relating to ancillary services for rehabilitation
325 Regulations relating to ancillary services for rehabilitation (1) For the purposes of clauses 3 and 11 of Schedule 1, the Governor-General may, on the recommendation of the Minister, by Order in…
Section 326 — Regulations relating to lump sum compensation
326 Regulations relating to lump sum compensation (1) For the purposes of Part 3 of Schedule 1, the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations…
Section 327 — Regulations relating to indexation
327 Regulations relating to indexation For the purposes of this Act, the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations— (a) prescribing the…
Section 328 — Regulations relating to reviews and appeals
328 Regulations relating to reviews and appeals For the purposes of Part 5 , the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations— (a) prescribing…
Section 328A — Regulations relating to alternative dispute resolution
328A Regulations relating to alternative dispute resolution (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for 1 or more of…
Section 329 — Regulations relating to levies
329 Regulations relating to levies For the purposes of Part 6 , the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations— (a) specifying, in relation to…
Section 330 — Consultation requirements for regulations relating to classifications, risk rating, or treatment injury
330 Consultation requirements for regulations relating to classifications, risk rating, or treatment injury The Minister may not make any recommendation in respect of regulations made under section…
Section 331 — Consultation requirements for regulations relating to levy setting
331 Consultation requirements for regulations relating to levy setting (1) The Minister may not recommend the making of regulations under this Act prescribing the rates of levies unless the Minister…
Section 332 — Regulations relating to information
332 Regulations relating to information (1) For the purposes of section 279 , the Governor-General may, on the recommendation of the Minister and the Minister designated under section 289(2) , by…
Section 333 — General power to make regulations
333 General power to make regulations (1) The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations— (a) prescribing forms of applications, notices, and…
Section 334 — Regulations may confer discretion
334 Regulations may confer discretion No regulation is invalid on the ground that it delegates to, or confers on, any person or body any discretionary authority. Compare: 1998 No 114 s 413
Section 335 — Regulations may prescribe offences and fines
335 Regulations may prescribe offences and fines The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations— (a) prescribing offences in respect of the…
Section 336 — Amendment of Schedule 2 by Order in Council
336 Amendment of Schedule 2 by Order in Council (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2 by— (a) adding or varying the…
Section 337 — Consequential amendments
337 Consequential amendments (1) The Acts specified in Part 1 of Schedule 6 are amended in the manner indicated in that schedule. (2) The regulations specified in Part 2 of Schedule 6 are amended in…
Section 338 — Consequential tax amendments
338 Consequential tax amendments The Acts specified in Schedule 7 are amended in the manner indicated in that schedule.
Section 339 — Consequential repeals and revocations
339 Consequential repeals and revocations (1) The Accident Insurance Act 1998 (1998 No 114) and the Accident Insurance (Transitional Provisions) Act 2000 (2000 No 5) are repealed. (2) The orders and…
Section 340 — Purpose of this part
340 Purpose of this part The purpose of this Part is to ensure that, despite the repeal of the 1998 Act and the 2000 Act, the orderly transition from the competitive provision of workplace accident…
Section 341 — Interpretation
341 Interpretation (1) In this Part,— accident insurance contract means an accident insurance contract entered into under the 1998 Act 1998 Act means the Accident Insurance Act 1998 2000 Act means…
Section 342 — Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act
342 Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act (1) The 1998 Act continues to apply, despite its repeal and with any necessary…
Section 343 — Saving in respect of other ongoing matters under 1998 Act
343 Saving in respect of other ongoing matters under 1998 Act (1) Sections 194 and 195 and Parts 8 (except section 236), 9, and 12 (except sections 360 to 363, 382, and 399 to 417) of the 1998 Act…
Section 344 — Funding of Regulator
344 Funding of Regulator (1) The purpose of this section is to provide for the recovery of the cost to the Crown of the performance of the Regulator's residual functions under the 1998 Act (as saved…
Section 345 — Regulator's functions in respect of Non-Compliers Fund
345 Regulator's functions in respect of Non-Compliers Fund (1) The Minister may direct the Corporation to assume the Regulator's role in relation to the Non-Compliers Fund. (2) A direction under…
Section 346 — Amendments to 1998 Act
346 Amendments to 1998 Act (1) In respect of any period after 1 April 2000, the expression managing insurer in sections 48, 105, 107, 109, and 112 of the 1998 Act and in Part 11 of this Act is to be…
Section 347 — Saving in respect of 2000 Act
347 Saving in respect of 2000 Act (1) Sections 5(1) to (3), 7, 10, 11, and 12 of the 2000 Act continue to apply for the purposes of this Part despite their repeal by this Act, with any necessary…
Section 348 — Savings in respect of Accident Insurance (Payment for Public Health Acute Services) Regulations 2001
348 Savings in respect of Accident Insurance (Payment for Public Health Acute Services) Regulations 2001 (1) The Accident Insurance (Payment for Public Health Acute Services) Regulations 2001 (SR…
Section 349 — Regulations
349 Regulations (1) For the purposes of this Part, the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations— (a) prescribing the information that must be…
Section 350 — Interpretation
350 Interpretation In this Part, unless the context otherwise requires,— claims , in relation to claims lodged with the Corporation, includes claims lodged with another insurer if the Corporation is…
Section 351 — References to former Acts
351 References to former Acts A former Act, or a section in a former Act, applied by or under any of sections 352 to 400 , applies as if the Act or section had not been repealed. Compare: 1998 No 114…
Section 352 — Purpose of this Part
352 Purpose of this Part The purpose of this Part is to set out— (a) how the Corporation is to determine under this Act whether or not a person has cover for a personal injury suffered before 1 April…
Section 353 — Part not to apply to certain claims
353 Part not to apply to certain claims This Part does not apply to claims for cover or entitlement in respect of personal injury to which the Accident Insurance Act 1998 continues to apply under…
Section 354 — Processing of claims
354 Processing of claims Part 3 applies to all claims received on or after 1 April 2002 for cover and entitlements in respect of personal injury suffered before that date.
Section 355 — Claims for cover accepted under former acts
355 Claims for cover accepted under former acts (1) A person who has had a claim for cover accepted before 1 April 2002 for personal injury covered by the former Acts continues to have cover, and…
Section 356 — Claim for cover lodged but not yet determined if injury suffered before 1 July 1992
356 Claim for cover lodged but not yet determined if injury suffered before 1 July 1992 (1) Subsection (2) applies to a claim for cover that— (a) is for personal injury suffered before 1 July 1992;…
Section 357 — Claim for cover lodged before 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 July 1999
357 Claim for cover lodged before 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 July 1999 (1) Subsection (2) applies to a claim for cover for personal…
Section 358 — Claim for cover lodged on or after 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 April 2002
358 Claim for cover lodged on or after 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 April 2002 (1) Subsection (2) applies to a claim for cover for…
Section 359 — Injuries suffered before 1 April 1974
359 Injuries suffered before 1 April 1974 (1) This Act does not confer cover in relation to an injury suffered before 1 April 1974. (2) Subsection (1) applies subject to section 30(6) and (7) .…