Injury Prevention, Rehabilitation, and Compensation Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 121 — Disentitlement during imprisonment
121 Disentitlement during imprisonment (1) The Corporation must not provide any entitlements under Part 2 or Part 4 of Schedule 1 to a claimant in respect of any period during which the claimant is a…
Section 122 — Court may deny entitlements to previously imprisoned offender
122 Court may deny entitlements to previously imprisoned offender (1) The Corporation may apply to a District Court in the following circumstances: (a) a claimant suffers personal injury in the…
Section 123 — Entitlements inalienable
123 Entitlements inalienable (1) All entitlements are absolutely inalienable, whether by way of, or in accordance with, a sale, assignment, charge, execution, bankruptcy, or otherwise. (2) This…
Section 124 — Entitlements to be provided to claimant only
124 Entitlements to be provided to claimant only (1) The Corporation must provide entitlements only to the claimant to whom the Corporation is liable to provide the entitlements. (2) Subsection (1)…
Section 125 — Corporation to pay amount for child to caregiver or financially responsible person
125 Corporation to pay amount for child to caregiver or financially responsible person (1) This section applies if an entitlement (other than weekly compensation payable under clause 32 of Schedule…
Section 126 — Corporation to pay amount to claimant's estate
126 Corporation to pay amount to claimant's estate (1) This section applies to any entitlement (other than lump sum compensation under Part 3 of Schedule 1) that is a payment that the Corporation—…
Section 127 — Payment of weekly compensation and lump sum compensation to claimant outside New Zealand
127 Payment of weekly compensation and lump sum compensation to claimant outside New Zealand (1) The Corporation must not pay weekly compensation to a claimant who suffered personal injury outside…
Section 128 — Payment for rehabilitation to claimant outside New Zealand
128 Payment for rehabilitation to claimant outside New Zealand The Corporation must not pay for costs incurred outside New Zealand for any rehabilitation, unless section 129 applies or regulations…
Section 129 — Payment for attendant care to claimant outside New Zealand
129 Payment for attendant care to claimant outside New Zealand (1) The Corporation is liable to pay for attendant care for a claimant who is entitled to receive attendant care and who is outside New…
Section 130 — Payment to claimant outside New Zealand may be in New Zealand dollars to New Zealand bank account
130 Payment to claimant outside New Zealand may be in New Zealand dollars to New Zealand bank account (1) This section applies in relation to a claimant who is outside New Zealand. (2) The…
Section 131 — Advances of compensation and grants
131 Advances of compensation and grants (1) Except as provided in this section, section 123(2)(b) , and clause 67 of Schedule 1, the Corporation must not pay any compensation, grant, or allowance in…
Section 132 — Adjustment of payments for part periods
132 Adjustment of payments for part periods If any amount is payable by the Corporation under this Act on a weekly basis and the entitlement to that payment ceases other than at the end of a week, an…
Section 133 — Effect of review or appeal on decisions
133 Effect of review or appeal on decisions (1) A decision by the Corporation on a claim continues to be of full effect even though— (a) an applicant has made a review application relating to the…
Section 134 — Who may apply for review
134 Who may apply for review (1) A claimant may apply to the Corporation for a review of— (a) any of its decisions on the claim: (b) any delay in processing the claim for entitlement that the…
Section 135 — How to apply for review
135 How to apply for review (1) A review application is made by giving an application that complies with subsection (2) to the Corporation. (2) The application must— (a) be written: (b) whenever…
Section 135A — Time frame for lodging review application where alternative dispute resolution conducted about same matter
135A Time frame for lodging review application where alternative dispute resolution conducted about same matter (1) This section applies to a review application about a matter if an alternative…
Section 136 — Corporation to acknowledge receipt of review application
136 Corporation to acknowledge receipt of review application When the Corporation receives a review application, it must send the applicant an acknowledgement— (a) indicating when the review…
Section 137 — Corporation to engage and allocate reviewers
137 Corporation to engage and allocate reviewers (1) The Corporation must engage as many persons as it considers necessary to be reviewers under this Part. (2) As soon as practicable after receiving…
Section 138 — Reviewer's duty to act independently and disclose previous involvement
138 Reviewer's duty to act independently and disclose previous involvement (1) A reviewer must act independently when conducting a review. (2) A reviewer to whom the Corporation proposes to allocate…
Section 139 — Corporation's duties to secure independence of reviewer
139 Corporation's duties to secure independence of reviewer (1) The Corporation must not engage as a reviewer a person who is currently employed or engaged by the Corporation to make decisions on…
Section 140 — Conduct of review: general principles
140 Conduct of review: general principles The reviewer may conduct the review in any manner he or she thinks fit, but he or she must— (a) comply with section 138 ; and (b) comply with any other…
Section 141 — Conduct of review: hearing to be held
141 Conduct of review: hearing to be held (1) In the course of conducting a review, the reviewer must hold a hearing unless— (a) the applicant withdraws the review application; or (b) the applicant,…
Section 142 — Persons entitled to be present and heard at hearing
142 Persons entitled to be present and heard at hearing The following persons are entitled to be present at the hearing, with a representative if they wish, and to be heard at it, either personally…
Section 143 — Record of hearing
143 Record of hearing (1) The reviewer must take reasonable steps to ensure that an accurate record of the evidence given at the hearing is taken. (2) The reviewer must keep such records for at least…
Section 144 — Review decisions: formalities
144 Review decisions: formalities (1) The reviewer must make a review decision within 28 days after— (a) the day on which the hearing of the review finishes; or (b) if there is no hearing,— (i) the…
Section 145 — Review decisions: substance
145 Review decisions: substance (1) In making a decision on the review, the reviewer must— (a) put aside the Corporation's decision and look at the matter afresh on the basis of the information…
Section 146 — Deemed review decisions
146 Deemed review decisions (1) The reviewer is deemed to have made a decision on the review in favour of the applicant if— (a) the date for the hearing has not been set within 3 months after the…
Section 147 — Effect of review decisions
147 Effect of review decisions (1) A review decision is binding on— (a) the applicant and the Corporation; and (b) any person who has a responsibility under this Act that is invoked in the decision;…
Section 148 — Costs on review
148 Costs on review (1) The Corporation is responsible for meeting all the costs incurred by a reviewer in conducting a review. (2) Whether or not there is a hearing, the reviewer— (a) must award the…
Section 149 — Who may appeal against review decision
149 Who may appeal against review decision (1) A claimant may appeal to a District Court against— (a) a review decision; or (b) a decision as to an award of costs and expenses under section 148 . (2)…
Section 150 — District Courts rules and this Act apply to appeal
150 District Courts rules and this Act apply to appeal An appeal under section 149 is dealt with in accordance with the District Courts rules made under section 122 of the District Courts Act 1947 ,…
Section 151 — Manner of bringing appeal
151 Manner of bringing appeal (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. (2) The notice must be in the prescribed form.…
Section 152 — Corporation to provide names of persons entitled to be heard
152 Corporation to provide names of persons entitled to be heard (1) As soon as practicable after receiving the notice of appeal, the Registrar must notify the Corporation that an appeal has been…
Section 153 — Notice of hearing place and date
153 Notice of hearing place and date (1) The hearing of an appeal must be at a time and place fixed by the Registrar. (2) The appeal must be heard at a place that the Registrar considers is…
Section 154 — Corporation's duty to make record available
154 Corporation's duty to make record available (1) On receiving a copy of the notice of appeal, the Corporation must provide to the Registrar any of the following that exist: (a) a copy of the…
Section 155 — Hearing of appeal
155 Hearing of appeal (1) The following persons are entitled to appear at the hearing of the appeal and to be heard at it, either personally or by a representative: (a) the appellant: (b) any other…
Section 156 — Evidence at appeal
156 Evidence at appeal (1) The court may hear any evidence that it thinks fit, whether or not the evidence would be otherwise admissible in a court of law. (2) If a question of fact is involved in an…
Section 157 — Appointment of assessor
157 Appointment of assessor (1) A Judge hearing an appeal may appoint a person to be an assessor for the purposes of the appeal if the Judge considers that— (a) the appeal involves consideration of…
Section 158 — Involvement of assessor
158 Involvement of assessor (1) (1) The duties of an assessor are to— (a) sit with the court; and (b) act in all respects as an extra member of the court for the hearing of the appeal; and (c) act as…
Section 159 — Court may make order as to persons who may be present
159 Court may make order as to persons who may be present (1) The court may order that the only persons who may be present during the hearing of an appeal are— (a) the Judge; and (b) any assessor;…
Section 160 — Court may make order prohibiting publication
160 Court may make order prohibiting publication (1) The court may make— (a) an order forbidding publication of any report or account of the whole or part of— (i) the evidence adduced; or (ii) the…
Section 161 — Decisions on appeal
161 Decisions on appeal (1) The court must determine an appeal by— (a) dismissing the appeal; or (b) modifying the review decision; or (c) quashing the review decision. (2) If the court quashes the…
Section 162 — Appeal to High Court on question of law
162 Appeal to High Court on question of law (1) A party to an appeal who is dissatisfied with the decision of a District Court as being wrong in law may, with the leave of the District Court, appeal…
Section 163 — Appeal to Court of Appeal on question of law
163 Appeal to Court of Appeal on question of law (1) A party to an appeal before the High Court under section 162 who is dissatisfied with any determination or decision of the Court on the appeal as…
Section 164 — Recovery of costs of appeals
164 Recovery of costs of appeals (1) The Corporation must in each financial year pay to the Department for Courts such amount as the Corporation and that Department agree as being— (a) the reasonable…
Section 165 — Duty of Corporation
165 Duty of Corporation (1) The Corporation has a duty to— (a) determine cover for persons for whom claims for cover are lodged; and (b) provide entitlements, in accordance with the provisions of…
Section 166 — Separate Accounts
166 Separate Accounts (1) The Corporation must maintain and operate— (a) a Work Account for the purpose set out in section 167 : (b) a Residual Claims Account for the purpose set out in section 192 :…
Section 167 — Application and source of funds
167 Application and source of funds (1) The purpose of the Work Account is to finance entitlements provided under this Act by the Corporation to employees, private domestic workers, and self-employed…
Section 168 — Employers to pay levies
168 Employers to pay levies (1) An employer must pay, in accordance with this Act and regulations made under this Act, levies to fund the Work Account. (2) A levy must relate to a prescribed period.…
Section 168A — Private domestic workers to pay levies
168A Private domestic workers to pay levies (1) A private domestic worker must pay, in accordance with this Act and regulations made under this Act, levies to fund the Work Account. (2) A levy must…