Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008

1: Title
This Act is the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008.
2: Commencement
1: Section 4(4)
2: Section 33(1) Schedule clause 42(3)
3: The following provisions of this Act come into force on 1 October 2008:
a: sections 5(1) 6 to 9 11 12 14 to 17
b: section 33(1) Schedule clause 25
4: The rest of this Act comes into force on 1 August 2008. Section 2(1) brought into force 1 October 2019 clause 2 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Commencement Order 2019
3: Principal Act amended
This Act amends the Injury Prevention, Rehabilitation, and Compensation Act 2001 OIC LI 2019/196 2019-10-01 s 4(4) 2008-07-01 s 33(1) 2008-08-01 sections 5(1), 6 to 9, 11, 12, 14 to 17, and 33(1) 2008-10-01 Injury Prevention, Rehabilitation, and Compensation Act 2001
1: Amendments to principal Act
4: Interpretation
1: Section 6(1) nurse practitioner
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)﻿(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of nurse practitioner functions; and
b: holds a current practising certificate
2: The definition of registered health professional section 6(1) nurse practitioner, nurse,
3: The definition of treatment provider section 6(1) nurse practitioner, nurse,
4: The definition of nurse practitioner section 6(1) nurse practitioner
5: Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts)
1: The heading to section 20 or work-related mental injury criminal acts
2: Section 20(3)﻿(b) (2)﻿(d) (2)﻿(e)
6: New section 21B inserted
The following section is inserted after section 21A
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 or after 1 October 2008; and
b: the mental injury is caused by a single event of a kind described in subsection (2)
2: Subsection (1)﻿(b)
a: the person experiences, sees, or hears directly in the circumstances described in section 28(1); and
b: is an event that could reasonably be expected to cause mental injury to people generally; and
c: occurs—
i: in New Zealand; or
ii: outside New Zealand to a person who is ordinarily resident in New Zealand when the event occurs.
3: For the purposes of this section, it is irrelevant whether or not the person is ordinarily resident in New Zealand on the date on which he or she suffers the mental injury.
4: Section 36(1) describes how the date referred to in subsection (3)
5: In subsection (2)﻿(a)
a: is involved in or witnesses the event himself or herself; and
b: is in close physical proximity to the event at the time it occurs.
6: To avoid doubt, a person does not experience, see, or hear an event directly if that person experiences, sees, or hears it through a secondary source, for example, by—
a: seeing it on television (including closed circuit television):
b: seeing pictures of, or reading about, it in news media:
c: hearing it on radio or by telephone:
d: hearing about it from radio, telephone, or another person.
7: In this section, event
a: means—
i: an event that is sudden; or
ii: a direct outcome of a sudden event; and
b: includes a series of events that—
i: arise from the same cause or circumstance; and
ii: together comprise a single incident or occasion; but
c: does not include a gradual process.
7: Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts)
1: The heading to section 22 or work-related mental injury criminal acts
2: Section 22
7: A person who suffers personal injury that is work-related mental injury in circumstances described in section 21B section 21B
8: Personal injury
Section 26(1)
da: work-related mental injury that is suffered by a person in the circumstances described in section 21B
9: Work-related personal injury
Section 28
4A: Work-related personal injury section 21B
10: Personal injury caused by work-related gradual process, disease, or infection
1: Section 30
1A: Subsection (1)﻿(c) is subject to subsection (2A)
2: Section 30(2)﻿(b)﻿(ii)
3: Section 30(2)
c: that, if the particular property or characteristic is present in both the person’s employment tasks or environment and non-employment activities or environment, it is more likely that the person’s personal injury was caused as a result of the employment tasks or environment rather than the non-employment activities or environment.
4: Section 30
2A: However, even if it is established that a claimant’s personal injury was caused in the circumstances described in subsection (2), the Corporation may decline the claim if the Corporation establishes that the risk of suffering the personal injury is not significantly greater for persons who—
a: perform the employment task than it is for persons who do not perform it; or
b: are employed in that type of environment than it is for persons who are not.
5: Section 30
3: Personal injury caused by a work-related gradual process, disease, or infection
a: of a type described in Schedule 2; and
b: suffered by a person who is or has been in employment—
i: that involves exposure, or the prescribed level or extent of exposure, to agents, dusts, compounds, substances, radiation, or things (as the case may be) described in that schedule in relation to that type of personal injury; or
ii: in an occupation, industry, or process described in that schedule in relation to that type of personal injury.
6: Section 30
3A: To avoid doubt, where a claim is lodged for cover for a work-related gradual process, disease, or infection, section 57 applies to require, among other things, the Corporation to investigate the claim at its own expense.
7: The amendments made by this section do not apply in respect of claims that have been—
a: lodged before the commencement of this section; or
b: decided before, and resubmitted on or after, the commencement of this section.
8: Claims referred to in subsection (7) must be determined in accordance with section 30 as it was immediately before the commencement of this section.
11: Motor vehicle injury
Section 35
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 motor vehicle being struck by another motor vehicle or some other means of conveyance; but
b: does not include a personal injury that is a work-related mental injury.
12: Date on which person is to be regarded as suffering mental injury
Section 36(1) or 21B section 21
13: Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection
Section 37(1)﻿(a) or nurse practitioner medical practitioner
14: Steps Corporation takes to action complicated claims for cover
Section 57(1)﻿(a) or 21B section 21
15: Corporation liable to provide vocational rehabilitation
Section 85
2: Despite subsection (1)﻿(b)﻿(i), the Corporation is liable to provide vocational rehabilitation to a person who was entitled to weekly compensation and who would, but for clause 52 of Schedule 1 (relationship between weekly compensation and New Zealand superannuation), continue to be entitled to weekly compensation.
16: Further matters to be considered in deciding whether to provide vocational rehabilitation
Section 87
2A: Subsection (2) is subject to subsection (2B)
2B: Despite subsection (2), the Corporation may, at its discretion, provide vocational rehabilitation for longer than 3 years if the Corporation considers that—
a: the vocational rehabilitation would be likely to achieve its purpose under the claimant’s individual rehabilitation plan; and
b: the vocational rehabilitation would be likely to be cost-effective, having regard to the likelihood that costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and
c: the vocational rehabilitation would be appropriate in the circumstances.
2C: However, despite subsections (1)﻿(b) and (2B)﻿(b)
17: Conduct of initial occupational assessment
Section 91
1A: In considering the suitability of the types of work referred to in subsection (1)﻿(b), the occupational assessor must take into account, among other things, the claimant’s earnings before the claimant’s incapacity.
18: Procedure in determining incapacity under section 103 or section 105
Section 102(2)﻿(a) or nurse practitioner medical practitioner
19: Corporation to determine incapacity of claimant who, at time of incapacity, had ceased to be employee, was potential earner, or had purchased weekly compensation under section 223
1: Section 105 Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in employment, were potential earners, or had purchased weekly compensation under section 223
2: Section 105(1)﻿(a) , a self-employed person, or a shareholder-employee, as the case may be employee
20: Disentitlement for wilfully self-inflicted personal injuries and suicide
1: Section 119
2: To avoid doubt, any claimant who was, at any time before this section came into force, disentitled under section 119(1)
21: Employers to pay levies
Section 168(3) 2 months 30 days
22: Private domestic workers to pay levies
Section 168A(3) 2 months 30 days
23: Self-employed persons to pay levies
Section 168B(3) 2 months 30 days
24: Persons eligible to purchase weekly compensation
1: Section 223(3)﻿(b) less than 3 months nor
2: Section 223(3)﻿(c)﻿(i) permanent
3: Section 223(3)﻿(c)
ii: the person had an incapacity that commenced on the last full day of the employment referred to in subsection (2)﻿(a) and that resulted from a personal injury for which he or she had cover; and
iia: the weekly earnings were to be calculated for a period of incapacity after the first 5 weeks of incapacity; and
4: Section 223
6: A person who is on parental leave within the meaning of the Parental Leave and Employment Protection Act 1987, or who has had an application for parental leave approved under that Act, is regarded as being still in employment for the purposes of subsection (2) and, for the purposes of subsection (3)﻿(c), the person’s weekly earnings are to be calculated as if the period of incapacity was before the commencement of the person’s parental leave.
25: Penalties and interest due to Corporation in respect of unpaid levies
1: Section 250(1) that is 30 days unpaid on the day
2: Section 250(2) 2 months 30 days
3: Section 250(4)
a: omitting 6 months after the due date 210 days after the due date
b: omitting every 6 months every 180 days
c: omitting first 6-month period 210-day period
26: Ancillary powers of Corporation
Section 265
1A: To avoid doubt, the Corporation may provide services under subsection (1)—
a: that are outside the functions of the Corporation under section 262, provided that the services are consistent with the purposes of the Act:
b: whether or not the services are provided to a person who would not otherwise have cover under this Act.
27: Management of Accounts
Section 274(3B) section 270(2) section 115(2) of the Crown Entities Act 2004
28: Regulations relating to rehabilitation
Section 324
2: The Minister must not make any recommendation under subsection (1) without first receiving a recommendation from the Corporation and consulting the persons or organisations the Minister considers appropriate, having regard to the subject-matter of the proposed regulations.
29: New section 324A inserted
The following section is inserted after section 324
324A: Annual review of amounts prescribed by regulations made under section 324
1: The Corporation must conduct an annual review of the amounts, prescribed by regulations made under section 324, that the Corporation is liable to pay for the entitlement of rehabilitation.
2: The purpose of the review is to assess whether adjustment to any of the amounts is required to take into account changes in costs of rehabilitation.
3: The Corporation must, by 1 December each year,—
a: provide a report on the results of the review to the Minister; and
b: include in that report any recommendations for change that it may have.
30: Amendment of Schedule 2 by Order in Council
Section 336(1)
a: adding or varying the description of a personal injury, together with the corresponding—
i: agents, dusts, compounds, substances, radiation, or things (as the case may be) and, if appropriate, the relevant level or extent of exposure to such agents, dusts, compounds, substances, radiation, or things; or
ii: occupations, industries, or processes; or
31: Weekly earnings of certain claimants increased
Section 366(1)﻿(b) was not receiving weekly compensation calculated under the Accident Compensation Act 1972 or the Accident Compensation Act 1982, and had weekly earnings
32: Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts
Section 384
1A: However, despite subsection (1), the spouse or de facto partner may choose to convert the entitlement to compensation under section 446 of the Accident Insurance Act 1998 to 1 or more aggregated payments and, in those circumstances, clause 67 of Schedule 1 applies as if the entitlement to compensation were an entitlement to weekly compensation under clause 66 of Schedule 1.
2: Further amendment to principal Act and regulations, and additional transitional provision
33: Schedule 1 amended
1: Schedule 1 Schedule
2: The amendments set out in the Schedule clauses 33 to 36 clause 43
3: The amendments set out in the Schedule clauses 42(1)﻿(c) and (2) 47(4) 49 51
a: claimants who are entitled to the relevant weekly compensation on or after the commencement of this section; and
b: weekly compensation payable for a period beginning on or after the commencement of this section.
34: Amendment to Injury Prevention, Rehabilitation, and Compensation (Interest Rate for Late Payment of Levies) Regulations 2002
1: This section amends the Injury Prevention, Rehabilitation, and Compensation (Interest Rate for Late Payment of Levies) Regulations 2002
2: Regulation 3(a) is amended by inserting that is 30 days after the date from the date 2008-08-01 Injury Prevention, Rehabilitation, and Compensation (Interest Rate for Late Payment of Levies) Regulations 2002
35: Transitional provision for payment of levies and payment of penalties and interest due for unpaid levies
The amendments in sections 21 to 23 25 34