Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698749510879.pdf (New Zealand)
Reprint as at 1 July 2014 Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 (SR 2010/424) Anand Satyanand, Governor-General Order in Council At Wellington this 22nd day of November 2010 Present: His Excellency the Governor-General in Council Pursuant to section 324 of the Accident Compensation Act 2001, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, given on the recommendation of the Minister, makes the following regulations.
Contents 1 2 Title Commencement Page 2 2 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.
1 Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 Reprinted as at 1 July 2014 Purpose Interpretation Assessment Device consultations Devices not chosen Devices Fittings Service Repairs Replacement ear moulds GST excluded Consequential amendments Schedule Maximum cost that Corporation is liable to pay for devices for each ear with covered hearing loss 2 2 3 3 4 4 5 6 6 7 7 7 8 Regulations Title These regulations are the Accident Compensation (Apportion- ing Entitlements for Hearing Loss) Regulations 2010.
Commencement These regulations come into force on 1 January 2011.

Purpose These regulations prescribe the costs that the Corporation is liable to pay for entitlements for covered hearing loss.
Interpretation In these regulations,— claimant means a person aged 18 years or over covered hearing loss means hearing loss covered as a personal injury devices means— (a) (b) hearing aids: accessories for hearing aids, including, but not limited to, remote controls: r 1 3 4 5 5A 10A 11 12 1 2 3 4 2 Reprinted as at 1 July 2014 Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 r 5A (c) consumables, excluding batteries, for the items in para- graphs (a) and (b).
Regulation 4 claimant: inserted, on 1 July 2014, by regulation 4 of the Acci- dent Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

5 (1) (2) (3) Assessment This regulation applies when an audiologist— (a) completes a full audiological assessment using pure tone audiogram and speech audiometry; and provides a report to the Corporation.

(b) The cost that the Corporation is liable to pay is $157.76.
The cost is payable for— (a) (b) the first assessment and report; and subsequent assessments and reports if they occur at intervals of at least 6 years.

Regulation 5(2): amended, on 1 July 2014, by regulation 5 of the Accident Com- pensation (Apportioning Entitlements for Hearing Loss) Amendment Regula- tions 2014 (LI 2014/153).
5A Device consultations (1) This regulation applies when— (a) (b) (c) (d) (e) an audiologist does an assessment and report under regulation 5; and the claimant has covered hearing loss; and the claimant has the Corporation’s prior approval to the application of this regulation; and the claimant has not yet chosen to receive new or re- placement devices; and the claimant consults an audiologist for the purposes of considering a range of devices suitable to his or her needs and budget.
(2) (3) The maximum cost that the Corporation is liable to pay for 1 device consultation is $100.00.

The cost to which the claimant is entitled is payable for a maxi- mum of 2 device consultations.

(4) However, the Corporation is only liable to pay for the second device consultation if that consultation occurs with an audiol- ogist who was not involved in the first device consultation.
3 Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 Reprinted as at 1 July 2014 The cost is payable at intervals of at least 6 years.

Regulation 5A: inserted, on 1 July 2014, by regulation 6 of the Accident Com- pensation (Apportioning Entitlements for Hearing Loss) Amendment Regula- tions 2014 (LI 2014/153).
Devices not chosen This regulation applies when— (a) an audiologist does an assessment and report under regulation 5; and the claimant has covered hearing loss; and the claimant has the Corporation’s prior approval to the application of this regulation; and an audiologist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and an audiologist provides follow-up services and incurs expenses for handling and management; and at the end of the trial period, the claimant chooses not to receive devices.
The cost that the Corporation is liable to pay is $122.14.

The cost is payable at intervals of at least 6 years.

Regulation 6(2): amended, on 1 July 2014, by regulation 7 of the Accident Com- pensation (Apportioning Entitlements for Hearing Loss) Amendment Regula- tions 2014 (LI 2014/153).
Devices This regulation applies when— (a) an audiologist does an assessment and report under regulation 5; and the claimant has covered hearing loss; and the claimant has the Corporation’s prior approval to the application of this regulation; and an audiologist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and an audiologist provides follow-up services and incurs expenses for handling and management; and at the end of the trial period, the claimant chooses to receive devices.
The maximum cost that the Corporation is liable to pay for devices for each ear with covered hearing loss is prescribed in the Schedule.

(b) (c) (d) (e) (f) (b) (c) (d) (e) (f) r 6 (5) 6 (1) (2) (3) 7 (1) (2) 4 Reprinted as at 1 July 2014 Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 r 8 (3) 8 (1) (2) (3) (4) when the devices are first fitted; and at intervals of at least 6 years subsequently.
The cost to which the claimant is entitled is payable— (a) (b) Regulation 7(2): amended, on 1 July 2014, by regulation 8 of the Accident Com- pensation (Apportioning Entitlements for Hearing Loss) Amendment Regula- tions 2014 (LI 2014/153).
Fittings This regulation applies when— (a) an audiologist does an assessment and report under regulation 5; and the claimant has covered hearing loss; and the claimant has the Corporation’s prior approval to the application of this regulation; and an audiologist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and an audiologist provides follow-up services and incurs expenses for handling and management; and at the end of the trial period, the claimant chooses to receive devices.
(b) (c) (d) (e) (f) The cost that the Corporation is liable to pay for a fitting for both ears is $1,120.00.

The cost that the Corporation is liable to pay for a fitting for 1 ear is $816.00.

The costs described in subclauses (2) and (3) are payable— (a) (b) when the fitting first occurs; and at intervals of at least 6 years subsequently.

(5) Within 1 year of a fitting under subclause (3), the claimant is (6) entitled to 1 fitting for the other ear.
The cost that the Corporation is liable to pay for the fitting described in subclause (5) is $305.34.

Regulation 8(2): replaced, on 1 July 2014, by regulation 9(1) of the Acci- dent Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 8(3): replaced, on 1 July 2014, by regulation 9(1) of the Acci- dent Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).
Regulation 8(6): amended, on 1 July 2014, by regulation 9(2) of the Acci- dent Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).
5 Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 Reprinted as at 1 July 2014 (b) (c) (d) (e) (b) (c) (d) (e) Service This regulation applies when— (a) an audiologist does an assessment and report under regulation 5; and the claimant has covered hearing loss; and an audiologist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and at the end of the trial period, the claimant chooses to receive devices; and one of the devices requires a service that is carried out at an audiologist’s office.
The maximum cost that the Corporation is liable to pay for 1 service is $50.89.

The cost to which the claimant is entitled is payable for a maxi- mum of 2 services per year.

Regulation 9(2): amended, on 1 July 2014, by regulation 10 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).
Repairs This regulation applies when— (a) an audiologist does an assessment and report under regulation 5; and the claimant has covered hearing loss; and an audiologist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and at the end of the trial period, the claimant chooses to receive devices; and one of the devices requires a repair that cannot be car- ried out at an audiologist’s office.
The maximum cost that the Corporation is liable to pay for 1 or more repairs of the device is $203.56.

The cost to which the claimant is entitled is payable for every 2 years from the end of the warranty period on the device.

In this regulation, repair does not include the provision of, or fitting of, a replacement ear mould.

Regulation 10(2): replaced, on 1 July 2014, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).
r 9 9 (1) (2) (3) 10 (1) (2) (3) (4) 6 Reprinted as at 1 July 2014 Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 r 12 Regulation 10(3): replaced, on 1 July 2014, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 10(4): inserted, on 1 July 2014, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).
10A Replacement ear moulds (1) This regulation applies when— (a) an audiologist does an assessment and report under regulation 5; and the claimant has covered hearing loss; and an audiologist has fitted devices for 1 or both ears that include an ear mould.

(b) (c) (2) (3) 11 12 (1) (2) The maximum cost that the Corporation is liable to pay— for each replacement ear mould is $36.40; and (a) for the fitting of a replacement ear mould for 1 or both (b) ears is $54.78.
The cost to which the claimant is entitled is payable from the date that is 1 year after the fitting of the device under regulation 8.

Regulation 10A: inserted, on 1 July 2014, by regulation 12 of the Accident Com- pensation (Apportioning Entitlements for Hearing Loss) Amendment Regula- tions 2014 (LI 2014/153).

GST excluded All costs referred to in these regulations are exclusive of goods and services tax.
Consequential amendments This regulation amends the Injury Prevention, Rehabilitation, and Compensation (Liability to Pay or Contribute to Cost of Treatment) Regulations 2003.

The Schedule is amended by revoking the heading “Audiol- ogists’ costs” and the 4 items relating to audiologists’ costs following the heading.
7 Schedule Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 Reprinted as at 1 July 2014 Schedule Maximum cost that Corporation is liable to pay for devices for each ear with covered hearing loss r 7(2) Schedule: replaced, on 1 July 2014, by regulation 13 of the Accident Compen- sation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).
Covered hearing loss as percentage of total hearing loss 0.1–29.9 30.0–59.9 60.0–100 Cost ($) 458.00 916.00 1,527.00 Rebecca Kitteridge, Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 25 November 2010.


8 Reprinted as at 1 July 2014 Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 Notes Reprints notes 1 2 3 General This is a reprint of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 that incorp- orates all the amendments to those regulations as at the date of the last amendment to them.
Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official electronic version also has official status.
Editorial and format changes Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parliament.govt.nz/editorial-conven- tions/.

4 Amendments incorporated in this reprint Accident Compensation (Apportioning Entitlements for Hearing Loss) Amend- ment Regulations 2014 (LI 2014/153) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2014 9