Accident Compensation Amendment Act 2019

1: Title
This Act is the Accident Compensation Amendment Act 2019.
2: Commencement
1: The following come into force on 1 July 2019:
a: section 10
b: Part 2 Schedule 2
2: The rest of this Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Accident Compensation Act 2001 principal Act 2019-04-12 Accident Compensation Act 2001 Part 1, except section 10 (see section 2). 2019-07-01 Accident Compensation Act 2001 Section 10 (see section 2(1)﻿(a))
1: Amendments to Accident Compensation Act 2001
4: Section 17 amended (Ordinarily resident in New Zealand)
Replace section 17(4)
4: A person must be treated as having New Zealand as the person’s permanent place of residence if—
a: the person—
i: intends to resume a place of residence in New Zealand; and
ii: is absent from New Zealand primarily in connection with the person’s employment duties (the remuneration for which is treated as income derived in New Zealand for New Zealand income tax purposes) or for up to 6 months following the completion of the person’s period of employment outside New Zealand; or
b: the person—
i: intends to resume (or assume) a place of residence in New Zealand; and
ii: is the spouse or partner, child, or other dependant of a person described in paragraph (a)
iii: is outside New Zealand during the period of employment of the person described in paragraph (a)
5: Section 324A replaced (Annual review of amounts prescribed by regulations made under section 324)
Replace section 324A
324A: Biennial review of certain amounts
1: The Corporation must conduct a review in 2020, and in every second year after that, 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 of each year in which a review is conducted,—
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.
6: Section 329 amended (Regulations relating to levies)
Replace section 329(1)﻿(a)
a: specifying, in relation to levies, the maximum amounts or deemed minimum amounts of earnings for levy purposes or methods for calculating any of those amounts:
7: Section 391 amended (Review and appeal proceedings for decisions under former Acts)
After section 391(1)
1A: Subsection (1) is subject to the following qualifications:
a: any appeal to which subsection (1) applies that is commenced on or after the date on which this subsection comes into force must be made to the District Court and not to the Accident Compensation Appeal Authority; and
b: to the extent practicable, the procedure for such an appeal is to be the same as the procedure for appeals under Part 5.
8: New section 402 and cross-heading inserted
After section 401 Disestablishment of Accident Compensation Appeal Authority
402: Disestablishment of Accident Compensation Appeal Authority
1: The Accident Compensation Appeal Authority that was established by section 155 of the Accident Compensation Act 1972 and continued by section 103 of the Accident Compensation Act 1982 is disestablished.
2: No member or employee of the Authority before its disestablishment is entitled to any payment or compensation for any loss arising out of the disestablishment.
9: Schedule 1AA amended
1: In the Schedule 1AA Transitional and savings provisions relating to amendments to this Act made by Accident Compensation Amendment Act 2015 Transitional, savings, and related provisions
2: In Schedule 1AA
1: Provisions relating to Accident Compensation Amendment Act 2015
3: In Schedule 1AA Schedule 1
10: Schedule 1 amended
1: In Schedule 1
52: Relationship between weekly compensation and New Zealand superannuation
1: Subclause (2)
a: first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The claimant loses entitlement to weekly compensation on reaching that age.
3: Subclause (4)
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The claimant is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this clause entitles a claimant to weekly compensation if the claimant is not otherwise entitled to it under this Act.
2: In Schedule 1
3: In Schedule 1
72: Relationship between other dependant’s weekly compensation and New Zealand superannuation
1: Subclause (2)
a: is entitled to weekly compensation immediately before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The dependant loses entitlement to weekly compensation on reaching that age.
3: Subclause (4)
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The dependant is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this clause entitles any other dependant to weekly compensation if the dependant is not otherwise entitled to it under this Act.
2: Related and consequential amendments
1: Amendment to New Zealand Superannuation and Retirement Income Act 2001
11: Amendment to New Zealand Superannuation and Retirement Income Act 2001
1: This section amends the New Zealand Superannuation and Retirement Income Act 2001
2: Replace section 7(2)
2: However, a person is not entitled to receive New Zealand superannuation in respect of the period for which the person has made an election, as contemplated by any of the following provisions, to be entitled to weekly compensation rather than to New Zealand superannuation:
a: clauses 5(4) and 6(4)
b: clause 16(3) or 17(3) 2019-07-01 New Zealand Superannuation and Retirement Income Act 2001 see section 2(1)﻿(b)
2: Amendments to Veterans’ Support Act 2014
12: Amendments to Veterans’ Support Act 2014
Sections 13 to 16 Veterans’ Support Act 2014 2019-07-01 Veterans’ Support Act 2014 see section 2(1)﻿(b)
13: Section 65 replaced (Relationship between weekly income compensation and New Zealand superannuation or veteran’s pension)
Replace section 65
65: Relationship between weekly income compensation and New Zealand superannuation or veteran’s pension
1: Subsection (2)
a: first becomes entitled to weekly income compensation before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The veteran loses entitlement to weekly income compensation on reaching that age.
3: Subsection (4)
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The veteran is entitled to weekly income compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this section entitles a veteran to weekly income compensation if the veteran is not otherwise entitled to it under this Act.
14: Section 104 replaced (Relationship between weekly compensation and New Zealand superannuation or veteran’s pension)
Replace section 104
104: Relationship between weekly compensation and New Zealand superannuation or veteran’s pension
1: Subsection (2)
a: first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The veteran loses entitlement to weekly compensation on reaching that age.
3: Subsection (4)
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The veteran is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this section entitles a veteran to weekly compensation if the veteran is not otherwise entitled to it under this Act.
15: Schedule 1 amended
In Schedule 1, after clause 15 Part 3 Schedule 2
16: Schedule 2 amended
1: In Schedule 2
2: In Schedule 2
60: Relationship between other dependant’s weekly compensation and New Zealand superannuation
1: Subclause (2)
a: is entitled to weekly compensation immediately before reaching New Zealand superannuation qualification age; and
b: has been entitled to it for 24 months or longer before reaching that age.
2: The dependant loses entitlement to weekly compensation on reaching that age.
3: Subclause (4)
a: less than 24 months before reaching New Zealand superannuation qualification age; or
b: on or after reaching New Zealand superannuation qualification age.
4: The dependant is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.
5: Nothing in this clause entitles any other dependant to weekly compensation if the dependant is not otherwise entitled to it under this Act.