Injury Prevention, Rehabilitation, and Compensation Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 21B — Cover for work-related mental injury
21B Cover for work-related mental injury (1) A person has cover for a personal injury that is a work-related mental injury if— (a) he or she suffers the mental injury inside or outside New Zealand on…
Section 22 — Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)
22 Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts or work-related mental injury) (1) A person has cover for a personal injury if— (a) he…
Section 23 — Cover for personal injury suffered by persons not ordinarily resident in New Zealand: exclusions while travelling to, around, and from New Zealand
23 Cover for personal injury suffered by persons not ordinarily resident in New Zealand: exclusions while travelling to, around, and from New Zealand (1) A person not ordinarily resident in New…
Section 24 — Cover for personal injury caused by work-related gradual process, disease, or infection: exclusion for events occurring outside New Zealand before 1 April 1974
24 Cover for personal injury caused by work-related gradual process, disease, or infection: exclusion for events occurring outside New Zealand before 1 April 1974 (1) A person does not have cover for…
Section 25 — Accident
25 Accident (1) Accident means any of the following kinds of occurrences: (a) a specific event or a series of events, other than a gradual process, that— (i) involves the application of a force…
Section 26 — Personal injury
26 Personal injury (1) Personal injury means— (a) the death of a person; or (b) physical injuries suffered by a person, including, for example, a strain or a sprain; or (c) mental injury suffered by…
Section 27 — Mental injury
27 Mental injury Mental injury means a clinically significant behavioural, cognitive, or psychological dysfunction. Compare: 1998 No 114 s 30
Section 28 — Work-related personal injury
28 Work-related personal injury (1) A work-related personal injury is a personal injury that a person suffers— (a) while he or she is at any place for the purposes of his or her employment,…
Section 29 — Personal injury that is both work-related and motor vehicle injury
29 Personal injury that is both work-related and motor vehicle injury (1) An injury is a work-related personal injury, and is not a motor vehicle injury, if it— (a) falls within the definitions of…
Section 30 — Personal injury caused by work-related gradual process, disease, or infection
30 Personal injury caused by work-related gradual process, disease, or infection (1) Personal injury caused by a work-related gradual process, disease, or infection means personal injury— (a)…
Section 31 — Ministerial advisory panel on work-related gradual process, disease, or infection
31 Ministerial advisory panel on work-related gradual process, disease, or infection (1) The Minister must appoint a person to convene and chair a ministerial advisory panel (the panel ) on…
Section 32 — Treatment injury
32 Treatment injury (1) Treatment injury means personal injury that is— (a) suffered by a person— (i) seeking treatment from 1 or more registered health professionals; or (ii) receiving treatment…
Section 33 — Treatment
33 Treatment (1) For the purposes of determining whether a treatment injury has occurred, or when that injury occurred, treatment includes— (a) the giving of treatment: (b) a diagnosis of a person's…
Section 34 — Cover for personal injury caused by medical misadventure before 1 July 2005
34 Cover for personal injury caused by medical misadventure before 1 July 2005 (1) This section applies to— (a) claims for cover for personal injury caused by medical misadventure that were lodged…
Section 35 — Motor vehicle injury
35 Motor vehicle injury (1) Motor vehicle injury — (a) means— (i) a personal injury suffered because of the movement of a motor vehicle; or (ii) a personal injury suffered because of a stationary…
Section 36 — Date on which person is to be regarded as suffering mental injury
36 Date on which person is to be regarded as suffering mental injury (1) The date on which a person suffers mental injury in the circumstances described in section 21 or 21B is the date on which the…
Section 37 — Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection
37 Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection (1) The date on which a person suffers personal injury caused by a…
Section 38 — Date on which person is to be regarded as suffering treatment injury
38 Date on which person is to be regarded as suffering treatment injury (1) The date on which a person suffers a treatment injury is the date on which the person first seeks or receives treatment for…
Section 39 — Meaning of Corporation
39 Meaning of Corporation In sections 40 and 45 , Corporation includes— (a) an accredited employer (within the meaning of section 181 ); and (b) a person acting as an agent of the Corporation; and…
Section 40 — Purpose of Code
40 Purpose of Code (1) The purpose of the Code of ACC Claimants' Rights is to meet the reasonable expectations of claimants (including the highest practicable standard of service and fairness) about…
Section 41 — Code applies generally
41 Code applies generally (1) The Code applies not only for the purposes of this Part but also for the purposes of this Act generally. (2) This section applies to avoid doubt.
Section 42 — Corporation to prepare draft Code in consultation with persons nominated by Minister
42 Corporation to prepare draft Code in consultation with persons nominated by Minister (1) The Corporation must, as soon as practicable after this section comes into force, prepare a draft Code of…
Section 43 — Public consultation on draft Code after agreement by Minister
43 Public consultation on draft Code after agreement by Minister (1) If the Minister agrees with the draft Code forwarded to him or her under section 42(5) , the Corporation must, as soon as…
Section 44 — Approval of draft Code by Minister
44 Approval of draft Code by Minister (1) After considering the report and making any amendments (whether recommended or not) to the draft Code, the Minister must,— (a) by notice in the Gazette ,…
Section 45 — Corporation's obligations in respect of Code
45 Corporation's obligations in respect of Code (1) The Corporation must, in all its dealings with claimants, ensure that its actions are consistent with and uphold the rights of claimants in the…
Section 46 — Status of Code as regulation
46 Status of Code as regulation The Code is a regulation for the purposes of the Regulations (Disallowance) Act 1989 .
Section 47 — Amendments to Code
47 Amendments to Code (1) The Code may be amended by the Minister approving, by notice in the Gazette , 1 or more amendments to the Code proposed by the Minister or the Corporation. (2) Sections…
Section 48 — Person to lodge claim for cover and entitlement
48 Person to lodge claim for cover and entitlement A person who wishes to claim under this Act must lodge a claim with the Corporation for— (a) cover for his or her personal injury; or (b) cover, and…
Section 49 — Treatment provider lodging claim on behalf of person
49 Treatment provider lodging claim on behalf of person A treatment provider lodging a claim under section 48 on behalf of a person must lodge the claim promptly with the Corporation after the person…
Section 50 — Responsibilities of Corporation after claim lodged
50 Responsibilities of Corporation after claim lodged (1) On receiving a claim for cover under section 48 from a person, the Corporation must— (a) decide whether or not it accepts that the person has…
Section 51 — When claim is lodged and received
51 When claim is lodged and received For all the purposes of this Act, a claim under section 48 is lodged and received on the date on which the Corporation receives a claim lodged in accordance with…
Section 52 — Manner of making claim
52 Manner of making claim (1) A person must lodge a claim with the Corporation in a manner specified by the Corporation. (2) The Corporation must specify a manner that it is reasonable to expect the…
Section 53 — Time for making claim
53 Time for making claim (1) A person must lodge a claim with the Corporation within the time limit specified in this section. (2) The Corporation must not decline a claim lodged after the time limit…
Section 54 — Responsibility of Corporation to make reasonable decisions in timely manner
54 Responsibility of Corporation to make reasonable decisions in timely manner The Corporation must make every decision on a claim on reasonable grounds, and in a timely manner, having regard to the…
Section 55 — Responsibilities of claimant to assist in establishment of cover and entitlements
55 Responsibilities of claimant to assist in establishment of cover and entitlements (1) A person who lodges a claim under section 48 must, when reasonably required to do so by the Corporation,— (a)…
Section 56 — Steps Corporation takes to action claims for cover
56 Steps Corporation takes to action claims for cover (1) This section applies to a claim for cover that is not a claim described in section 57 (complicated claims). (2) The Corporation must take the…
Section 57 — Steps Corporation takes to action complicated claims for cover
57 Steps Corporation takes to action complicated claims for cover (1) This section applies to a claim for cover— (a) for mental injury in the circumstances described in section 21 or 21B : (b) for…
Section 58 — Effect of failure to meet time limits
58 Effect of failure to meet time limits (1) When the Corporation fails to comply with a time limit under section 56 or section 57 , whichever applies, the claimant is to be regarded as having a…
Section 59 — Decision on cover independent of acceptance of levy
59 Decision on cover independent of acceptance of levy (1) The fact that the Corporation accepts a levy does not of itself decide the question of whether or not a person has cover. (2) The question…
Section 60 — Decision on claim for Schedule 2 injury
60 Decision on claim for Schedule 2 injury The Corporation may decline a claim that a personal injury is a work-related personal injury of a kind described in section 30(3) only if the Corporation…
Section 61 — Decision on claim for noise-induced hearing loss caused by work-related gradual process
61 Decision on claim for noise-induced hearing loss caused by work-related gradual process (1) When the Corporation determines cover for hearing loss caused by noise exposure within a person's…
Section 62 — Decision on claim for treatment injury
62 Decision on claim for treatment injury (1) When investigating a claim for cover for a treatment injury, the Corporation may seek clinical advice if the Corporation considers the advice will assist…
Section 63 — Corporation must tell claimant about review rights
63 Corporation must tell claimant about review rights The Corporation must tell the claimant that he or she has the right to apply for a review of any of the Corporation's decisions on the claim,…
Section 64 — Corporation must give notice of decisions
64 Corporation must give notice of decisions (1) The Corporation must give notice of its decision on a claim to the claimant. (2) In the case of a claim for cover for a work-related personal injury…
Section 65 — Corporation may revise decisions
65 Corporation may revise decisions (1) If the Corporation considers it made a decision in error, it may revise the decision at any time, whatever the reason for the error. (2) The Corporation may…
Section 66 — Corporation must keep claims files
66 Corporation must keep claims files The Corporation must keep every claim file for at least 10 years after the date of the latest action the Corporation has recorded on the claim. Compare: 1998 No…
Section 67 — Who is entitled to entitlements
67 Who is entitled to entitlements A claimant who has suffered a personal injury is entitled to 1 or more entitlements if he or she— (a) has cover for the personal injury; and (b) is eligible under…
Section 68 — Corporation provides entitlements in accordance with this Act
68 Corporation provides entitlements in accordance with this Act (1) The Corporation provides entitlements to claimants in accordance with this Act. (2) If any provision of this Act requires the…
Section 69 — Entitlements provided under this Act
69 Entitlements provided under this Act (1) The entitlements provided under this Act are— (a) rehabilitation, comprising treatment, social rehabilitation, and vocational rehabilitation: (b) first…
Section 70 — Claimant's and Corporation's obligations in relation to rehabilitation
70 Claimant's and Corporation's obligations in relation to rehabilitation A claimant who has suffered personal injury for which he or she has cover— (a) is entitled to be provided by the Corporation…