Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941408623.pdf (New Zealand)
Reprint as at 1 October 2010 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 (SR 2002/81) Silvia Cartwright, Governor-General Order in Council At Wellington this 25th day of March 2002 Present: Her Excellency the Governor-General in Council Pursuant to section 328 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, Her Excellency the Governor-General, act- ing on the advice and with the consent of the Executive Council, makes the following regulations.
Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Department of Labour.
1 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 October 2010 Contents Title Commencement Interpretation Scale of costs and expenses on review Awards of costs and expenses on review Rules for conduct of appeals Part 9 of District Courts Rules 1992 excluded Notice of appeal Cross-appeals Period within which Corporation must make record available Judge may fix time and place for directions hearing in relation to appeal Directions related to hearing of appeal Registrar must give notice of decision on appeal Revocation Revocation Schedule 1 Scale of costs and expenses on review Schedule 2 Notice of appeal Regulations Page 2 2 2 4 4 4 4 5 5 5 6 6 7 9 Title These regulations are the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002.
Commencement These regulations come into force on 1 April 2002.
Interpretation In these regulations, unless the context otherwise requires,— r 1 Reprinted as at 1 October 2010 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 r 3 and the Injury Prevention, Rehabilitation, Act means Compensation Act 2001 appeal means an appeal under section 149 of the Act registered specialist means a medical practitioner whose scope of practice includes at least 1 of the following branches of medicine: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003 specified registry means the District Court at Wellington.
Regulation 3 registered specialist: substituted, on 18 September 2004, by sec- tion 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
anaesthetics: cardiothoracic surgery: dermatology: diagnostic radiology: emergency medicine: general surgery: internal medicine: neurosurgery: obstetrics and gynaecology: occupational medicine: ophthalmology: orthopaedic surgery: otolaryngology head and neck surgery: paediatric surgery: paediatrics: pathology: plastic and reconstructive surgery: psychological medicine or psychiatry: public health medicine: radiation oncology: rehabilitation medicine: sexual health medicine: urology: venereology Regulation 3 scope of practice: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
3 r 4 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 October 2010 Scale of costs and expenses on review Awards of costs and expenses on review 4 (1) A reviewer’s award under section 148 of the Act to an appli- cant for review or another person must be— (a) only for the costs and expenses of an item described in column 1 of Schedule 1; and the only award to the applicant for review or other per- son for those costs and expenses.
(b) (2) The amount of the reviewer’s award for costs and expenses of an item described in column 1 of Schedule 1 must— (a) not exceed the amount specified (opposite the descrip- tion) in column 2 of that schedule; and be calculated in accordance with the rate (if any) speci- fied (opposite the description) in column 3 of that sched- ule.

(b) (3) Amounts and rates specified in Schedule 1 are inclusive of goods and services tax (if any).
Rules for conduct of appeals 5 Part 9 of District Courts Rules 1992 excluded Part 9 of the District Courts Rules 1992 (appeals to District Courts) does not apply to an appeal.

Notice of appeal 6 (1) A notice of appeal must— (a) (b) be in the form set out in Schedule 2; and have attached to it a copy of the decision appealed against.

(2) An appellant whose notice of appeal has been sent to or filed in the specified registry may, with the leave of the court, amend the grounds of appeal stated in the notice.
Cross-appeals This regulation applies if a notice of appeal is sent to or filed in the specified registry and a person (other than the appellant) intends to submit at the hearing of the appeal that the decision appealed against should be modified or quashed.
7 (1) 4 Reprinted as at 1 October 2010 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 r 10 (2) (3) 8 9 The person must, either within 30 working days after the day on which the notice of appeal was served or within any longer time allowed by the court, send to or file in the specified regis- try a notice of cross-appeal in the form set out in Schedule 2.

Part 5 of the Act and these regulations apply accordingly with any necessary modifications.
Period within which Corporation must make record available The Corporation must provide items in accordance with sec- tion 154(1) of the Act within 20 working days after it receives the copy of the notice of appeal.

Judge may fix time and place for directions hearing in relation to appeal If a notice of appeal is sent to or filed in the specified registry, a Judge may fix a time and place for a directions hearing in relation to the appeal proceedings.
Directions related to hearing of appeal 10 (1) At a directions hearing, a Judge may make any directions that appear best adapted to secure the just, expeditious, and eco- nomical disposal of the appeal proceedings.
(2) Without limiting the generality of subclause (1), the Judge may— (a) (b) (c) consult the parties as to the necessity for or desirability of the appointment of medical or other assessors for the purposes of the appeal: obtain estimates of time for the duration of the hearing of the appeal: define the issues to be determined on the hearing of the appeal: (d) make any orders that the Judge considers necessary or appropriate under sections 159 and 160 of the Act.
5 r 11 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 October 2010 Registrar must give notice of decision on appeal 11 (1) On the determination of an appeal under section 161 of the Act, the Registrar of the court must give a copy of the court’s decision to— (a) (b) the appellant; and each person who, in accordance with section 155(1) of the Act, was entitled to appear at the hearing of the appeal.
(2) After the time for lodging an appeal against the court’s deci- sion has expired, the Registrar of the court must give to the Corporation any documents forwarded to the Registrar under section 154(1) of the Act.

Revocation 12 (1) Revocation The Accident Insurance (Review Costs and Appeals) Regula- tions 1999 (SR 1999/164) are revoked.
(2) Despite their revocation by subclause (1), the Accident Insur- ance (Review Costs and Appeals) Regulations 1999 continue to apply for the purposes of section 342(2)(b) of the Act.
6 Reprinted as at 1 October 2010 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Schedule 1 Scale of costs and expenses on review Schedule 1 r 4 Schedule 1: substituted, on 1 October 2010, by regulation 4 of the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regulations 2010 (SR 2010/330).
Section 148, Accident Compensation Act 2001 Item Applicant’s or another person’s representation1— (a) (b) (c) (d) preparation and lodging of application for re- view under section 135 participation in a case conference on behalf of applicant or another person before review hear- ing other preparation of case for review appearance at hearing on behalf of applicant or another person— (i) 1st hour of hearing (or part thereof) (ii) 2nd hour of hearing (iii) later hours of hearing All relevant and reasonably necessary reports for appli- cant or another person by any registered specialists2 All relevant and reasonably necessary reports prepared for applicant or another person by a person with a recog- nised qualification to express a competent view on a mat- ter in issue (for example, a person undertaking an occu- pational assessment, an architect, or a general medical practitioner)— (a) if only 1 report is provided (b) if 2 or more reports are provided at the following rates: Rate ($) 175.41 29.23 per 15 minutes 14.62 per 15 minutes Maxi- mum award ($) 116.94 58.47 350.83 350.83 935.54 467.77 701.65 (a) 1st hour (or part thereof) of preparation 175.41 1 Awards for items under this heading may be made in respect of 1 represen- tative only.
2 As defined by regulation 3.
7 Schedule 1 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 October 2010 Maxi- mum award ($) 584.71 Rate ($) 43.85 per 15 minutes 29.23 per 15 minutes Item (b) 2nd hour of preparation (c) 3rd hour of preparation Other expenses reasonably incurred by applicant or an- other person, or on behalf of an applicant or other per- son, associated with a hearing (for example, transport to a hearing or time off work for an applicant, another person, representative, or a witness or support person such as whanau support; disbursements such as photo- copying, childcare, or telephone charges)— for transport within this category 153.33 per 0.29 kilometre for private transport 8 Reprinted as at 1 October 2010 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Schedule 2 Notice of appeal In the District Court at Wellington Schedule 2 rr 6, 7 Under No / the Injury Prevention, and Rehabilitation, Compensation Act 2001 In the matter of an appeal against either a review decision under section 145 or 146 or a decision as to an award of costs and expenses under section 148 By [full name] of [address] Appellant Notice of appeal to District Court Section 151, Injury Prevention, Rehabilitation, and Compensation Act 2001 Take notice that the appellant appeals against a decision made under section [either section 145 or 146 or 148] of the Injury Prevention, Rehabilitation, and Compensation Act 2001 on an application for review.
Part 1—Decision appealed against The review was heard at [location] on [day/month/year] by [re- viewer].

9 Schedule 2 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 October 2010 [The review decision under section 145 or 146 or the decision as to an award of costs and expenses under section 148] was given by the reviewer on [day/month/year].
The appellant appeals against the following aspects of the decision: Part 2—Grounds The appellant bases this appeal on the following grounds: [for example, That the decision appealed against includes the fol- lowing mistakes of fact or law:].
Part 3—Relief sought The appellant seeks the following orders: [for example, That the review decision be modified in the following respects: or That the review decision be quashed and— (a) (b) (c) the Corporation’s decision endorsed: or the Corporation be required to take the following action: or another review be conducted in accordance with the follow- ing directions: or That the decision as to an award of costs and expenses be either— (a) (b) modified in the following respects: or quashed with the following effects:].
A copy of the decision appealed against is attached to this notice of appeal as required by regulation 6(1)(b) of the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002.

Appellant’s signature: .....................................

Dated: [day/month/year].


10 Reprinted as at 1 October 2010 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Schedule 2 Appellant’s address for service: Appellant’s telephone number: Marie Shroff, Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 28 March 2002.
11 Notes Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 October 2010 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002.
The reprint incorporates all the amendments to the regulations as at 1 October 2010, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enact- ment, in chronological order.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.
For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 5 Notes 1 2 3 12 Reprinted as at 1 October 2010 Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Notes are omitted.

For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 13 • • • • Notes Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 October 2010 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
List of amendments incorporated in this reprint (most recent first) Injury Prevention, Rehabilitation, and Compensation (Review Costs and Ap- peals) Amendment Regulations 2010 (SR 2010/330) Injury Prevention, Rehabilitation, and Compensation (Review Costs and Ap- peals) Amendment Regulations 2008 (SR 2008/303) Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(3) Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 5 12 14