VadeLab

Injury Prevention, Rehabilitation, and Compensation Act 2001

Sections and provisions with full text and the judgments that cite each one.

Section 360 — Claim for cover under former Acts not lodged until on or after 1 April 2002

360 Claim for cover under former Acts not lodged until on or after 1 April 2002 (1) Subsection (2) applies to a claim for cover, if the claim— (a) is for personal injury suffered before 1 April 2002;…

Section 361 — Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if events before 1 April 1974 and death before 1 July 1992

361 Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if events before 1 April 1974 and death before 1 July 1992 A person does not have cover for…

Section 362 — First week compensation for incapacity commencing before 1 April 2002

362 First week compensation for incapacity commencing before 1 April 2002 (1) This section applies to a person who,— (a) immediately before 1 April 2002, was entitled to compensation under section 76…

Section 363 — Application of sections 364 to 387

363 Application of sections 364 to 387 (1) Sections 364 to 380 provide for entitlements for a person who, having suffered personal injury before 1 April 2002, has cover accepted under any of sections…

Section 364 — Treatment

364 Treatment Schedule 1 of the Accident Insurance Act 1998 continues to apply to treatment if— (a) a person has been provided with, or the Corporation has agreed in writing to pay for, treatment…

Section 365 — Weekly compensation under Accident Insurance Act 1998

365 Weekly compensation under Accident Insurance Act 1998 (1) This section applies to a person who,— (a) immediately before 1 April 2002, was entitled to compensation specified in subsection (2) ;…

Section 366 — Weekly earnings of certain claimants increased

366 Weekly earnings of certain claimants increased (1) This section applies to a claimant who, immediately before 1 April 2002,— (a) is entitled to weekly compensation for loss of potential earning…

Section 367 — Multiple employment

367 Multiple employment (1) For the purposes of this section, weekly earnings means— (a) weekly earnings determined under the Accident Insurance Act 1998 or the Accident Rehabilitation and…

Section 368 — Weekly payments for permanent incapacity under 1972 and 1982 Acts

368 Weekly payments for permanent incapacity under 1972 and 1982 Acts (1) Section 369 and clause 51 of Schedule 1 do not apply to any payment calculated under section 114 of the Accident Compensation…

Section 369 — Cessation of weekly compensation under any former Act because of capacity for work

369 Cessation of weekly compensation under any former Act because of capacity for work (1) Sections 100 to 113 apply to a claimant whose compensation is continued by section 365 . (2) An assessment…

Section 370 — Cessation of weekly compensation under any former Act because of national superannuation qualification age

370 Cessation of weekly compensation under any former Act because of national superannuation qualification age Clauses 52 and 53 of Schedule 1 apply to compensation under section 365 . Compare: 1998…

Section 371 — Interest on late payments of weekly compensation

371 Interest on late payments of weekly compensation (1) Despite section 339 , section 72 of the Accident Rehabilitation and Compensation Insurance Act 1992 (as continued by section 458 of the…

Section 372 — Individual rehabilitation plan

372 Individual rehabilitation plan (1) An individual rehabilitation plan under any of the former Acts that was in effect immediately before 1 April 2002 continues to have effect on and after that…

Section 373 — Time limit on vocational rehabilitation

373 Time limit on vocational rehabilitation In relation to vocational rehabilitation provided to a person before 1 April 2002, the 3-year limitation in section 87(2) runs from the later of— (a) 2…

Section 374 — Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help

374 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help (1) This section applies if— (a) a person was receiving compensation at a…

Section 375 — Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act: attendant care

375 Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act: attendant care Section 438 of the Accident Insurance Act 1998 continues to apply in respect of…

Section 376 — Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts

376 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts Section 439 of the Accident Insurance Act 1998 continues to apply in respect of a person who was entitled to…

Section 377 — Independence allowance for personal injury suffered before 1 July 1999

377 Independence allowance for personal injury suffered before 1 July 1999 (1) On the commencement of this section, sections 441 and 442 of the Accident Insurance Act 1998 cease to have effect. (2) A…

Section 378 — Personal injury suffered on or after 1 July 1999 and before 1 April 2002

378 Personal injury suffered on or after 1 July 1999 and before 1 April 2002 (1) The provisions of Part 4 of Schedule 1 of the Accident Insurance Act 1998 continue to apply to personal injury…

Section 379 — Payment of independence allowance to claimant outside New Zealand

379 Payment of independence allowance to claimant outside New Zealand (1) The Corporation must not pay an independence allowance to a claimant outside New Zealand unless his or her condition has been…

Section 380 — Lump sum compensation under former Acts

380 Lump sum compensation under former Acts (1) Lump sum compensation previously payable under the Accident Compensation Act 1972 or the Accident Compensation Act 1982 is payable if— (a) a claim for…

Section 381 — Funeral expenses for death before 1 April 2002

381 Funeral expenses for death before 1 April 2002 On or after 1 April 2002, a funeral grant is payable under clause 64 of Schedule 1 if— (a) a person died before that date as a result of personal…

Section 382 — Survivor's grant to surviving spouses or partners, children, and other dependants for death before 1 April 2002

382 Survivor's grant to surviving spouses or partners, children, and other dependants for death before 1 April 2002 (1) On or after 1 April 2002, a survivor's grant is payable under clause 65 of…

Section 383 — Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance Act 1998

383 Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance Act 1998 (1) This section applies if, immediately before 1 April 2002, any spouse or…

Section 384 — Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts

384 Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts (1) Section 446 of the Accident Insurance Act 1998 continues to apply in respect of the spouse or de facto…

Section 385 — Compensation payable to children and other dependants under 1972 and 1982 Acts

385 Compensation payable to children and other dependants under 1972 and 1982 Acts Section 447 of the Accident Insurance Act 1998 continues to apply in respect of a child or any other dependant of a…

Section 386 — Child care payments for children of deceased persons

386 Child care payments for children of deceased persons (1) A person who, at the close of 31 March 2002, was entitled, because of section 448 of the Accident Insurance Act 1998, to receive…

Section 387 — Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person

387 Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person (1) This section applies if,— (a) immediately before 1 July 1992, a person (…

Section 388 — Indexation of certain entitlements payable under former Acts

388 Indexation of certain entitlements payable under former Acts (2) Sections 115 and 116 apply (for indexation required after 1 April 2002) to anything in any of the former Acts to which an…

Section 389 — Disentitling sections apply

389 Disentitling sections apply (2) Sections 118 to 122 apply to persons to whom sections 364 to 376 and 380 to 387 apply. (2) Sections 117 to 123 of the Accident Insurance Act 1998 continue to apply…

Section 390 — Corporation may revise decisions

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…

Section 391 — Review and appeal proceedings for decisions under former Acts

391 Review and appeal proceedings for decisions under former Acts (1) Part 9 of the Accident Compensation Act 1982 continues in force in order to apply to any decision made by the Corporation— (a)…

Section 392 — Allocation of existing funds

392 Allocation of existing funds (1) All funds held by the Corporation in any of the following Accounts under the Accident Insurance Act 1998 are to be allocated to the Accounts as follows: (a) funds…

Section 393 — Levies, premiums, and other payments under former Acts

393 Levies, premiums, and other payments under former Acts (1) Section 457 of the Accident Insurance Act 1998 continues to apply to any levy or premium paid or payable under the Accident Compensation…

Section 394 — Accredited employers under Accident Rehabilitation and Compensation Insurance Act 1992

394 Accredited employers under Accident Rehabilitation and Compensation Insurance Act 1992 Section 459 of the Accident Insurance Act 1998 continues to apply to provisions in every agreement between…

Section 395 — Accredited employers under Accident Insurance Act 1998

395 Accredited employers under Accident Insurance Act 1998 (1) The framework in force under Part 10A of the Accident Insurance Act 1998 immediately before the commencement of this Act— (a) is to be…

Section 396 — Regulations providing for transitional matters

396 Regulations providing for transitional matters (1) Without limiting anything in this Act, the Governor-General may, by Order in Council, make regulations prescribing transitional and savings…

Section 397 — Expiry of section 396

397 Expiry of section 396 Section 396 expires on the close of 31 March 2003.

Section 398 — Collection of HSE levy

398 Collection of HSE levy Section 478 of the Accident Insurance Act 1998 continues to apply to the levy payable by employers and self-employed persons under section 59 of the Health and Safety in…

Section 399 — Corporation in lead-up to commencement of this Act

399 Corporation in lead-up to commencement of this Act The Corporation may, before 1 April 2002, perform any functions and duties of the Corporation, and do anything for the purposes of this Act, so…

Section 400 — Transfer of rights and liabilities under former Acts

400 Transfer of rights and liabilities under former Acts From the commencement of this Act,— (a) all real and personal property of the Corporation and all rights and liabilities of the Corporation in…

Section 401 — References to premiums under former Act include levies under this Act

401 References to premiums under former Act include levies under this Act (1) Unless the context otherwise requires, all references in any enactment or document to premiums or levies paid or payable…