1: Title
This Act is the Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022.
2: Commencement
1: Sections 6 18 1 October 2022
2: Sections 13 22 1 July 2023
3: The rest of this Act comes into force 30 days after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Accident Compensation Act 2001 2022-10-01 Accident Compensation Act 2001 see s 2(1): sections 6 and 18 come into force 1 October 2022. 2023-07-01 Accident Compensation Act 2001 see s 2(2): sections 13 and 22 come into force 1 July 2023. 2022-10-30 Accident Compensation Act 2001 see s 2(3): rest of Act comes into force 30 days after date of Royal assent.
1: Amendments to principal Act
4: Section 6 amended (Interpretation)
1: In section 6(1) medical practitioner medical practitioner
2: In section 6(1) moped Transport (Vehicle and Driver Registration and Licensing) Act 1986 Land Transport Act 1998
3: In section 6(1) motorcycle Transport (Vehicle and Driver Registration and Licensing) Act 1986 Land Transport Act 1998
5: Section 17 amended (Ordinarily resident in New Zealand)
After section 17(5)
6: In this section,— child
a: means a child who, at the date of that child’s injury,—
i: was aged under 18, or was aged under 21 and was in full-time study at a place of education; and
ii: either—
A: was that person’s natural or adopted child; or
B: would ordinarily have been regarded as that person’s child because they were the child of that person’s spouse or partner, and that person acted as their parent; and
b: does not include an other dependant of that person other dependant
a: was financially dependent on that person because of the dependant’s mental or physical condition; and
b: was not that person’s spouse, partner, or child.
6: Section 25 amended (Accident)
1: After section 25(1)(e)
f: an application of a force or resistance internal to the human body at any time from the onset of labour to the completion of delivery that results in an injury described in Schedule 3A
2: After section 25(2)
2A: Subsection (2)(a) does not apply to an accident of the kind described in subsection (1)(f)
7: New section 25A inserted (Review of operation of Schedule 3A)
After section 25
25A: Review of operation of Schedule 3A
1: As soon as practicable after 1 October 2025, the Minister must,—
a: for the purpose of determining whether any amendments to Schedule 3A Schedule 3A section 25(1)(f)
b: prepare a report of the review that includes recommendations on whether any amendments to Schedule 3A
c: present a copy of the report to the House of Representatives.
2: In preparing the report, the Minister must consult the parties the Minister thinks appropriate.
8: Section 26 amended (Personal injury)
In section 26(1A) 6% 5%
9: Section 30 amended (Personal injury caused by work-related gradual process, disease, or infection)
1: After section 30(1)
1A: Subsection (1)(c) is subject to subsection (2A)
2: Repeal section 30(2)(b)(ii)
3: Replace section 30(2)(c)
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: After section 30(2)
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.
10: Section 91 amended (Conduct of initial occupational assessment)
In section 91(1A) may must
11: Section 119 amended (Disentitlement for wilfully self-inflicted personal injuries and suicide)
After section 119(3)
4: Subsection (1) does not apply if the death was the result of assisted dying in accordance with the End of Life Choice Act 2019.
12: Section 173 amended (Estimation of levy)
In section 173(2)(a) at the rate prescribed by regulations or the rate as calculated by the method prescribed by regulations
13: Section 250 amended (Penalties and interest due to Corporation in respect of unpaid levies)
In section 250(1) that is 30 days
14: Section 267 amended (Board of Corporation)
In section 267(1) 8 9
15: Section 329 amended (Regulations relating to levies)
After section 329(1)(h)
ha: prescribing the rate of interest payable on any amount exceeding $1,000 under section 173(2)(a) or the method by which the rate is to be calculated:
16: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
17: Schedule 1 amended
1: In Schedule 1 may must
2: In Schedule 1
31A: Use of employment income information in determining earnings
1: The Corporation, for the purposes of calculating a claimant’s earnings for any period under this Part, may take into account the claimant’s most recent pre-incapacity employment income information available from the Inland Revenue Department.
2: Subclause (1)
3: Subclauses (1) and (2) section 134
4: In this Part, employment income information section 3(1)
3: In Schedule 1 clause 42(3)
3: The minimum weekly earnings are,—
a: for a person under the age of 18 years, the amount as at each assessment date that is the greatest of—
i: the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; and
ii: 125% of the rate of the supported living payment for a single person under the age of 18 years without dependent children under the Social Security Act 2018; and
iii: the greater of the amounts calculated under subparagraphs (i) and (ii)
b: for a person 18 years of age or over, the amount as at each assessment date that is the greatest of—
i: the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; and
ii: 125% of the rate of the supported living payment for any other single person without dependent children under the Social Security Act 2018; and
iii: the greater of the amounts calculated under subparagraphs (i) and (ii)
4: In subclause (3) assessment date paragraph (a) or (b)
a: the date on which the current order prescribing the rate of the supported living payment for a single person under the age of 18 years without dependent children under the Social Security Act 2018 came into force; and
b: the date on which the current order prescribing the rate of the supported living payment for any other single person without dependent children under the Social Security Act 2018 came into force; and
c: the date on which the current order prescribing the minimum wage made under section 4 of the Minimum Wage Act 1983 came into force.
4: In Schedule 1 clause 49(6)
7: In clause 51(2), earnings
18: New Schedule 3A inserted
After Schedule 3 Schedule 3A Schedule 2
2: Consequential amendments to regulations
Amendment to Accident Compensation (Definitions) Regulations 2019
19: Principal regulations
Section 20 Accident Compensation (Definitions) Regulations 2019 2022-10-30 Accident Compensation (Definitions) Regulations 2019 see s 2(3): 30 days after date of Royal assent.
20: Regulation 3 amended (Interpretation)
In regulation 3(1) medical practitioner
a: is, or is deemed to be, registered with the Medical 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 medicine; and
b: holds a current practising certificate Amendment to Injury Prevention, Rehabilitation, and Compensation (Interest Rate for Late Payment of Levies) Regulations 2002
21: Principal regulations
Section 22 Injury Prevention, Rehabilitation, and Compensation (Interest Rate for Late Payment of Levies) Regulations 2002 2023-07-01 Injury Prevention, Rehabilitation, and Compensation (Interest Rate for Late Payment of Levies) Regulations 2002 see s 2(2): section 22 comes into force 1 July 2023
22: Regulation 3 amended (Interest rate for late payment of levies)
In regulation 3(a) date that is 30 days day