Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698940367936.pdf (New Zealand)
Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 (SR 2002/13) PURSUANT to section 325 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, Her Excellency the Governor­General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents Title Commencement Interpretation Corporation’s liability to pay cost of speciﬁed ancillary services Speciﬁed ancillary services subject to these regulations Entitlement to ancillary services Transport in New Zealand Emergency transport costs Non­emergency scheduled surface public transport costs Non­emergency transport by private motor vehicle Non­emergency transport by air Non­emergency ambulance transport Non­emergency other transport Escort costs Support person costs Accommodation costs Emergency overseas treatment and transport Emergency overseas treatment and transport costs Note These regulations are administered in the Department of Labour.
Page 2 2 2 3 r 1 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Reprinted as at 3 September 2007 Alternative provision of ancillary services Amount payable by Corporation when it contracts out provision of ancillary services Provision of ancillary services in alternative way Miscellaneous provisions Corporation not liable to pay cost of public health acute service GST Revocations 13 13 13 14 14 Title These regulations are the Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002.
Commencement These regulations come into force on 1 April 2002.
Interpretation In these regulations, unless the context otherwise requires,— Act means and Compensation Act 2001 ambulance means any motor vehicle, aircraft, or vessel— (a) the Injury Prevention, Rehabilitation, designed and used principally for the transport of sick or injured persons; and operated by an ambulance operator (b) ambulance operator means a person who— (a) has a contract or arrangement for the emergency trans­ port of sick or injured persons; and (b) is a participant in Ambulance New Zealand emergency overseas transport means transport that— (a) starts within 24 hours of a claimant suffering a work­ related personal injury or being found after suffering a work­related personal injury, whichever is the later; and is necessary for the purpose of obtaining overseas treat­ ment urgently for the claimant’s work­related personal injury; and is provided at the request of a person equivalent to— (b) (c) 2 Reprinted as at 3 September 2007 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Part 4 r 5 a member of the New Zealand Police; or an ambulance operator; and (i) (ii) occurs wholly outside New Zealand (d) emergency transport means transport that— (a) starts within 24 hours of a claimant suffering a personal injury or being found after suffering a personal injury, whichever is the later; and is necessary for the purpose of obtaining treatment ur­ gently for the claimant’s personal injury (b) overseas treatment means any treatment given outside New Zealand for which the Corporation would be liable to pay the cost if the treatment were provided in New Zealand speciﬁed ancillary services means ancillary services that the Corporation is required to pay for, or contribute towards, under these regulations.
Corporation’s liability to pay cost of speciﬁed ancillary services Speciﬁed ancillary services subject to these regulations The Corporation must pay, or contribute towards, the cost of speciﬁed ancillary services in accordance with these regula­ tions.
Entitlement to ancillary services The Corporation is liable to pay, or contribute towards, the cost of any speciﬁed ancillary service under regulations 6 to 17 if that service— either— (a) (i) is transport for the purpose of maintaining pre­ incapacity employment as part of the claimant’s vocational rehabilitation; or relates to a speciﬁed kind of rehabilitation de­ scribed in subclause (2) that is funded by the Cor­ poration; and (ii) is reasonably required by the claimant.
(b) The speciﬁed kinds of rehabilitation are— (a) (b) treatment: a rehabilitation assessment or reassessment: 3 4 5 (1) (2) Part 6 r 6 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Reprinted as at 3 September 2007 (c) (d) (e) (f) (g) (h) obtaining an aid or appliance, or having an aid or appli­ ance ﬁtted: a programme provided under the training for independ­ ence provisions of the Act: in­patient rehabilitation that the Corporation has ap­ proved: residential rehabilitation that the Corporation has ap­ proved: an out­patient rehabilitation programme that the Cor­ poration has approved: a speciﬁc programme, service, or course, including a trial of an employment option, that the Corporation re­ quires the claimant to attend as part of the claimant’s vocational rehabilitation.
Transport in New Zealand (b) Emergency transport costs The Corporation is liable to pay, for the emergency trans­ port by ambulance (whether by road, air, or water) of the claimant,— (a) the amount payable under the contract or arrangement (if any) between the transport provider and the Corpor­ ation for the provision of the transport; or if no such contract or arrangement exists, the lesser of— the amount that the transport provider would (i) have charged the Crown or a district health board or other person under an agreement (if any) in force under the New Zealand Public Health and Disability Act 2000 if the transport had been provided for the claimant for a reason other than his or her suffering personal injury; or the amount charged for the transport by the trans­ port provider; or an amount equal to the lowest amount that would have been payable if the transport had been pro­ vided under a contract or arrangement with the Corporation.
(iii) (ii) 6 (1) 4 Reprinted as at 3 September 2007 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Part 6 r 7 (2) (3) (4) (5) If the emergency transport is by motor vehicle ambulance by road, the Corporation is liable to pay the amount (if any) that the transport provider would have charged the claimant if the transport had been provided for a reason other than his or her suffering personal injury.
The Corporation is not liable to pay anything under this regulation if the claimant dies before the emergency transport reaches him or her.
If there is no contract or arrangement between the emergency transport provider and the Corporation for the provision of the emergency transport, the Corporation is liable to pay under this regulation only if either— (a) the provider is dispatched by an emergency ambulance communications control centre; or the provider can demonstrate that dispatch by an emer­ gency ambulance communications control centre was not possible.
(b) If emergency transport is provided by air, the amount that the Corporation is liable to pay under subclauses (1) to (4)— (a) relates to the costs of— (i) ﬂying an aircraft from the aircraft’s base to the place where the claimant is collected; and transporting the claimant in the aircraft; and (ii) (iii) ﬂying the aircraft from the place where the (b) claimant is ofﬂoaded to the aircraft’s base; but does not relate to the costs of— (i) (ii) time spent searching for the claimant; or time spent on those parts of the aircraft’s route that are unrelated to the emergency transport of the claimant.
7 (1) Non­emergency scheduled surface public transport costs The Corporation is liable to pay the cost of non­emergency transport by scheduled surface public transport (such as a ferry, bus, train, or water taxi) to rehabilitation, to the extent speci­ ﬁed in subclause (2), if— the claimant— (a) 5 Part 6 r 8 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Reprinted as at 3 September 2007 (i) (ii) travels more than 20 kilometres from the starting point to the nearest place for rehabilitation within 14 days after suffering personal injury; and presents himself or herself for rehabilitation at the end of the journey or, having made the jour­ ney, is unable to present for a reason beyond his or her control; or (b) (c) the claimant— (i) (ii) (ii) travels more than 80 kilometres in 1 or more jour­ neys within any calendar month; and presents himself or herself for rehabilitation at the end of the journey or journeys or, having made the journey or journeys, is unable to pre­ sent for a reason beyond his or her control; or spends more than $45 on scheduled surface pub­ lic transport within any calendar month; and presents himself or herself for rehabilitation at the end of the journey or, having made the jour­ ney, is unable to present for a reason beyond his or her control.
the claimant— (i) The Corporation is liable under subclause (1) to pay the cost of— (a) the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabili­ tation, whether or not he or she actually gets it there; and the return journey from that place if he or she makes a return journey.
(b) If the claimant is travelling to receive counselling provided by a person under the Accident Insurance (“Counsellor”) Regulations 1999, the distance must be calculated on the basis of the claimant travelling to the nearest counsellor who meets the criteria set out in regulation 4(1)(b) of those regulations.
Non­emergency transport by private motor vehicle The Corporation is liable to pay 28 cents per kilometre towards the cost of non­emergency transport by private motor vehicle to rehabilitation, to the extent speciﬁed in subclause (2), if— (2) (3) 8 (1) 6 Reprinted as at 3 September 2007 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Part 6 r 9 (a) (b) the claimant— (i) (ii) (ii) travels more than 20 kilometres from the starting point to the nearest place for rehabilitation within 14 days after suffering personal injury; and presents himself or herself for rehabilitation at the end of the journey or, having made the jour­ ney, is unable to present for a reason beyond his or her control; or travels more than 80 kilometres in 1 or more jour­ neys within any calendar month; and presents himself or herself for rehabilitation at the end of the journey or journeys or, having made the journey or journeys, is unable to pre­ sent for a reason beyond his or her control.
the claimant— (i) (2) (3) 9 (1) The Corporation is liable under subclause (1) to make the pay­ ment towards the cost of— (a) the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabili­ tation, whether or not he or she actually gets it there; and the return journey from that place if he or she makes a return journey.
(b) If the claimant is travelling to receive counselling provided by a person under the Accident Insurance (“Counsellor”) Regulations 1999, the distance must be calculated on the basis of the claimant travelling to the nearest counsellor who meets the criteria set out in regulation 4(1)(b) of those regulations.
Non­emergency transport by air The Corporation is liable to pay the lowest appropriate fare for non­emergency transport by air to rehabilitation if— (a) the claimant has the Corporation’s prior approval and air transport is appropriate because of the long distance from the claimant’s home to the nearest place where he or she is able to get the rehabilitation; or the claimant has the Corporation’s prior approval and air transport is appropriate because of the nature of the claimant’s injury.
(b) 7 Part 6 r 10 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Reprinted as at 3 September 2007 The Corporation is liable under subclause (1) to make the pay­ ment towards the cost of— (a) the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabili­ tation, whether or not he or she actually gets it there; and the return journey from that place if he or she makes a return journey.
(b) Non­emergency ambulance transport The Corporation is liable to pay the cost of non­emergency ambulance transport to rehabilitation if the claimant has the Corporation’s prior approval and the transport is appropriate because of the nature of the claimant’s injury.
The Corporation is liable under subclause (1) to make the pay­ ment towards the cost of— (a) the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabili­ tation, whether or not he or she actually gets it there; and the return journey from that place if he or she makes a return journey.
(b) Non­emergency other transport In this regulation, other transport (such as a taxi, hire car, non­scheduled shuttle, or non­scheduled water taxi) means transport other than transport to which any of regulations 7 to 10 applies.
The Corporation is liable to pay 28 cents per kilometre towards the cost of other transport to rehabilitation, to the extent spe­ ciﬁed in subclause (3), if— the claimant— (a) (i) travels more than 20 kilometres from the starting point to the nearest place for rehabilitation within 14 days after suffering personal injury; and presents himself or herself for rehabilitation at the end of the journey or, having made the jour­ ney, is unable to present for a reason beyond his or her control; or (ii) (2) 10 (1) (2) 11 (1) (2) 8 Reprinted as at 3 September 2007 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Part 6 r 11 (b) (c) the claimant— (i) (ii) (ii) travels more than 80 kilometres in 1 or more jour­ neys within any calendar month; and presents himself or herself for rehabilitation at the end of the journey or journeys or, having made the journey or journeys, is unable to pre­ sent for a reason beyond his or her control; or spends more than $45 on other transport within any calendar month; and presents himself or herself for rehabilitation at the end of the journey or, having made the jour­ ney, is unable to present for a reason beyond his or her control.
the claimant— (i) (3) The Corporation is liable under subclause (2) to make the pay­ ment towards the cost of— (a) the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabili­ tation, whether or not he or she actually gets it there; and the return journey from that place if he or she makes a return journey.
(b) (4) However, instead of making payment in accordance with sub­ clause (2), the Corporation is liable to pay the actual cost of the claimant’s other transport to rehabilitation under this sub­ section if— (a) the claimant satisﬁes the criteria in subclause (2)(a) or (b) or (c); and the claimant has the Corporation’s prior approval; and the transport is necessary and appropriate because of the nature of the claimant’s injury.
(b) (c) (5) The cost referred to in subclause (4) is the actual cost of— (a) the claimant’s journey that is necessary to get to the nearest place where he or she is able to get the rehabili­ tation, whether or not he or she actually gets it there; and the return journey from that place if he or she makes a return journey.
(b) 9 Part 6 r 12 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Reprinted as at 3 September 2007 (6) 12 (1) If the claimant is travelling to receive counselling provided by a person under the Accident Insurance (“Counsellor”) Regulations 1999, the distance must be calculated on the basis of the claimant travelling to the nearest counsellor who meets the criteria set out in regulation 4(1)(b) of those regulations.
Escort costs The Corporation is liable to contribute towards the cost of 1 person who travels with the claimant within New Zealand be­ cause— (a) (b) the claimant is under the age of 18 years; or the medical condition of the claimant is such that he or she needs an escort; or the person or organisation providing any transport that is used requires the claimant to be escorted.
(c) (2) The amount that the Corporation is liable to pay under sub­ clause (1) must be calculated by applying regulations 7 to 11 and 14.

(3) However, the Corporation is not liable to contribute towards the travel cost of an escort— (a) (b) if the escort uses private motor vehicle transport and shares the transport with the claimant; or if the escort acts as both escort and support person, and receives payment as a support person under regulation 13.
Support person costs The Corporation is liable to contribute towards the costs of 1 support person who travels within New Zealand to visit the claimant if— (a) either— (i) (ii) the claimant is under the age of 18 years and the support person would be entitled to reimburse­ ment under any of regulations 7 to 11 and 14 if he or she were a claimant; or the claimant is not under the age of 18 years and the support person would have to travel over 80 kilometres in a single trip (being in 1 direction) to visit the claimant; and 13 (1) 10 Reprinted as at 3 September 2007 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Part 6 r 14 (2) (3) (b) the claimant that the support person is visiting is re­ ceiving in­patient rehabilitation, or residential rehabili­ tation, that the Corporation has approved.
The amount payable under subclause (1), if paragraph (a)(i) of that subclause applies, must be calculated by applying regula­ tions 7 to 11 and 14.

The amount payable under subclause (1), if paragraph (a)(ii) of that subclause applies, must be calculated by applying regula­ tions 7 to 11 and 14, but only in respect of 1 return journey per week and 2 nights’ accommodation per week.

The Corpor­ ation is liable to pay for the return journey only if the person makes a return journey.
(4) However, the Corporation is not liable to contribute towards the cost of a support person— (a) (b) if the support person uses private motor vehicle trans­ port and shares the transport with the claimant; or if the support person acts as both support person and es­ cort, and receives payment as an escort under regulation 12.
14 (1) (2) Accommodation costs The Corporation is liable to pay $56.30 per night for the costs of accommodation at a place other than the premises where the rehabilitation is given if the circumstances described in subclause (2) exist.
The circumstances are that it is necessary for the claimant, an escort required for a reason described in regulation 12 or a support person required for a reason described in regulation 13, or both the claimant and an escort or support person to stay away from home because of the transport services available to the claimant or the escort or support person.
11 Part 15 r 15 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Reprinted as at 3 September 2007 (3) The Corporation is liable to pay only the amount per night speciﬁed in subclause (1), no matter how many people require accommodation.
Emergency overseas treatment and transport Emergency overseas treatment and transport costs This regulation applies if— (a) 15 (1) a claimant who is ordinarily resident in New Zealand suffers a work­related personal injury outside New Zealand for which he or she would have cover if he or she had suffered it in New Zealand; and because of the injury, the claimant incurs costs for over­ seas treatment or emergency overseas transport or both; and the remuneration for the employment during which the claimant suffered the injury is remuneration that, for income tax purposes, is treated as income derived in New Zealand.
(b) (c) (2) The Corporation is liable to pay for treatment only if the treat­ ment was given within 6 months of the claimant suffering the injury.

(3) With respect to treatment, the Corporation is liable to pay the lesser of— (a) (b) the actual cost of the overseas treatment; or the amount that the Corporation would be required to pay if the overseas treatment had been given in New Zealand.
(4) With respect to transport, the Corporation is liable to pay the lesser of— (a) the actual cost of the emergency overseas transport; or 12 Reprinted as at 3 September 2007 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Part 18 r 18 (b) $300.00.
16 (1) Alternative provision of ancillary services Amount payable by Corporation when it contracts out provision of ancillary services If the Corporation contracts out the provision of any speciﬁed ancillary services, it is liable to pay the amounts agreed be­ tween the Corporation and the provider of those services.
(2) However, if the application of subclause (1) would result in the claimant being required to pay more than the claimant would be required to pay if the Corporation paid the amount required by these regulations, the Corporation is liable to pay the amount required by these regulations.
17 (1) (2) 18 (1) (2) Provision of ancillary services in alternative way The Corporation may pay for, or arrange the provision of, an­ cillary services in a way that is different from that speciﬁed by these regulations if the claimant is entitled to receive payment for, or be provided with, those services under regulations 4 to 16.
The alternative provision of ancillary services under subclause (1) must— (a) (b) be practicable; and have regard to the amount or amounts that the Corpor­ ation would otherwise have to pay under these regula­ tions.
Miscellaneous provisions Corporation not liable to pay cost of public health acute service The Corporation is not liable to pay anything to a claimant for an ancillary service that is a public health acute service that— the claimant receives; or (a) (b) the claimant does not receive but is entitled to receive.

Subclause (1) applies even though the public health acute ser­ vice is an ancillary service of a kind to which these regulations apply.
13 Part 18 r 19 Injury Prevention, Rehabilitation, and Compensation (Ancillary Services) Regulations 2002 Reprinted as at 3 September 2007 19 20 GST All amounts speciﬁed or referred to in these regulations are inclusive of goods and services tax.
Revocations The Accident Insurance (Insurer’s Liability to Pay Cost of Treatment) Regulations 1999 (SR 1999/104) are amended by— (a) revoking the deﬁnitions of ambulance, ambulance operator, emergency overseas transport, emergency transport, emergency transport by air, and overseas treatment in regulation 2: revoking regulations 4(4), 4B, 5(2)(c), and 14 to 18: revoking the headings above regulations 14 and 18.

(b) (c) Marie Shroff, Clerk of the Executive Council.
Explanatory Note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations prescribe the amounts that the Corporation must pay for, or contribute towards, services that are ancillary to rehabilita­ tion and treatment under clauses 3 and 11 of Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

The regulations come into force, contemporaneously with those pro­ visions of the Act, on 1 April 2002.
Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 14 February 2002.

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