accident has the meaning set out in section 25

Accounts means the Accounts required to be maintained and operated under section 166

activity, for the purposes of Part 6,—

• (a) means a business, industry, profession, trade, undertaking of an employer, a self-employed person, or a private domestic worker; and

• (b) includes ancillary or subservient functions relating to the activity, such as administration, management, marketing and distribution, technical support, maintenance, and product development; and

• (c) in the case of a self-employed person, refers to the nature of his or her work rather than the context or business in which he or she is working

acupuncturist means—

• (a) a member of the New Zealand Register of Acupuncturists Incorporated; or

• (b) a member of the New Zealand Acupuncture Standards Authority Incorporated who—

  • (i) is a qualified health professional registered to practise in some other medical discipline in New Zealand who holds a recognised postgraduate qualification in acupuncture of a minimum of 120 credits (1 year full time) at Level 8 or above on the New Zealand Register of Quality Assured Qualifications; or

  • (ii) holds a National Diploma in Acupuncture (Level 7) or equivalent according to the criteria for the New Zealand Register of Quality Assured Qualifications

acupuncturist: this definition was substituted, as from 11 May 2005, by section 3(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

acute treatment has the meaning set out in section 7

audiologist—

• (a) means a member of the New Zealand Audiological Society; but

• (b) does not include a member when he or she is acting in the course of employment by a supplier of hearing aids or acting as a supplier of hearing aids

Board means the Board of the Corporation

child, in relation to a deceased claimant,—

• (a) means his or her natural child; and

• (b) includes his or her adopted child; and

• (c) includes any other child who would ordinarily be regarded as his or her child because the deceased claimant—

  • (i) was the spouse or partner of 1 of the child's parents; and

  • (ii) acted as a parent of the child; but

• (d) does not include an other dependant of the claimant

child: paragraph (c)(i) of this definition was amended, as from 26 April 2005, by section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “or partner” after the word “spouse”.

child care means personal care or supervisory care of a child in New Zealand

chiropractor means a health practitioner who—

• (a) is, or is deemed to be, registered with the Chiropractic Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of chiropractic; and

• (b) holds a current practising certificate

chiropractor: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

claim means a claim under section 48

claimant, in relation to a deceased claimant, includes the spouse or partner, any child, and any other dependants of the deceased claimant

claimant: this definition was amended, as from 26 April 2005, by section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “or partner” after the word “spouse”.

clinical dental technician means a health practitioner who—

• (a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of clinical dental technology; and

• (b) holds a current practising certificate

clinical dental technician: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

close company has the same meaning as in section YA 1 of the Income Tax Act 2007

Code—

• (a) means the Code of ACC Claimants' Rights approved under section 44; and

• (b) includes any amendments to the Code approved under section 47

Commissioner means the Commissioner of Inland Revenue, and has the same meaning as in section 3(1) of the Tax Administration Act 1994

Corporation means the Accident Compensation Corporation continued by section 259

counsellor means a counsellor of a type described in regulations made under this Act

cover has the meaning set out in section 8

Crown entity subsidiary has, subject to section 266, the same meaning as in section 8(2) of the Crown Entities Act 2004.

Crown entity subsidiary: this definition was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Crown funding agreement has the same meaning as in section 10 of the New Zealand Public Health and Disability Act 2000

deceased claimant means a claimant who dies and whose cover under section 20 or section 22 is for death or for physical injuries from which he or she dies

decision or Corporation's decision includes all or any of the following decisions by the Corporation

• (a) a decision whether or not a claimant has cover:

• (b) a decision about the classification of the personal injury a claimant has suffered (for example, a work-related personal injury or a motor vehicle injury):

• (c) a decision whether or not the Corporation will provide any entitlements to a claimant:

• (d) a decision about which entitlements the Corporation will provide to a claimant:

• (e) a decision about the level of any entitlements to be provided:

• (f) a decision relating to the levy payable by a particular levy payer:

• (g) a decision made under the Code about a claimant's complaint

dental technician means a health practitioner who—

• (a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dental technology; and

• (b) holds a current practising certificate

dental technician: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

dentist means a health practitioner who—

• (a) is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry; and

• (b) holds a current practising certificate

dentist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

district health board or other provider means a DHB or provider, as defined in section 6 of the New Zealand Public Health and Disability Act 2000

earner—

• (a) means a natural person who engages in employment, whether or not as an employee; and

• (b) includes a person to whom clause 43 or clause 44 of Schedule 1 applies

Earners' Account means the Account described in section 218

Earners' Account Residual levy means the levy payable under section 219(2)

earnings means—

• (a) earnings as an employee:

• (b) earnings as a self-employed person:

• (c) earnings as a shareholder-employee

earnings as an employee has the meaning set out in sections 9 to 13

earnings as a self-employed person has the meaning set out in section 14

earnings as a shareholder-employee has the meaning set out in section 15

employee means a natural person who receives, or is entitled to receive,—

• (a) any amount that is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1 of the Income Tax Act 2007; or

• (b) any salary, wages, or other income to which section RD 3(2) to (4) of the Income Tax Act 2007 applies

employer—

• (a) means a person, other than a person acting for an employer as a PAYE intermediary as defined in section YA 1 of the Income Tax Act 2007, who pays, or is liable to pay,—

  • (i) any amount that, in relation to any other person, is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1 of the Income Tax Act 2007; and

  • (ii) any salary, wages, or other gross income to which section RD 3(2) to (4) of the Income Tax Act 2007 applies; but

• (b) does not include, for the purpose of Part 6, a person who is an employer solely by reason of any of section RD 5(1)(b)(iii), (6)(b), or (c) of the Income Tax Act 2007

Employers' Account

[Repealed]

Employers' Account: this definition was repealed, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8). See sections 14 to 16 of that Act for the transitional provisions.

employment—

• (a) means work engaged in or carried out for the purposes of pecuniary gain or profit; and

• (b) in the case of an employee, includes a period of paid leave, other than paid leave on the termination of employment

entitlement means the entitlements described or referred to in section 69

financial year means a period of 12 months ending with 30 June

first week compensation means compensation payable under section 97

first week of incapacity means the period—

• (a) starting,—

  • (i) in a case where there are separate periods of incapacity resulting from the same personal injury, on the day on which the initial period of incapacity commences; or

  • (ii) in any other case, on the day on which an incapacity resulting from a personal injury first commences; and

• (b) ending with the close of the sixth day after that day

foreign representative means any person who is not a permanent resident of New Zealand and who is present in New Zealand for the sole purpose of performing the person's duties—

• (a) either as a member of the staff of a diplomatic mission of any State (within the meaning of the Diplomatic Privileges and Immunities Act 1968) or as a member of a consular post of any State (within the meaning of the Consular Privileges and Immunities Act 1971); or

• (b) as a representative or officer or employee of the government of any country other than New Zealand; or

• (c) as a representative or officer or employee of any international organisation or of the Commonwealth Secretariat or of any organ of an international organisation or the Commonwealth Secretariat; or

• (d) as a representative at any conference convened in New Zealand by an international organisation or by the Commonwealth Secretariat

former Act includes the Accident Insurance Act 1998, the Accident Rehabilitation and Compensation Insurance Act 1992, the Accident Compensation Act 1982, and the Accident Compensation Act 1972

full-time employment, in relation to an earner, means employment in the 4 weeks immediately before his or her incapacity commenced, for either—

• (a) an average of at least 30 hours per week; or

• (b) a lesser number of hours, if the lesser number of hours is defined as full-time employment in the employment agreement under which the earner was employed, because of the particular nature of that employment

full-time study means a course of study recognised as full-time by the place of education that administers it

fully funded, in relation to claims, means that the amount of the outstanding claims liability in respect of the claims is offset by an adequate level of assets to fund the cost of those claims, having regard to—

• (a) uncertainty in forecasting; and

• (b) the objective of levy stability over time

government agency, for the purposes of Part 8 and section 324(4)(b)(ii), includes a government department and a Crown entity

health practitioner—

• (a) means a person who is, or is deemed to be, registered with an authority established or continued by section 114 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession; but

• (b) in relation to that health profession and to any purpose stated in a relevant notice under section 322A, does not include a person who, for that purpose, is declared not to be a health practitioner.

health practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

impairment, unless otherwise defined in regulations made under section 322, means a loss, loss of use, or derangement of any body part, organ system, or organ function

incapacity,—

• (a) for the purposes of determining incapacity, means incapacity determined under section 103 or section 105, as the case may require; and

• (b) includes absence from employment in order to get treatment for personal injury covered by this Act, if the treatment—

  • (i) is necessary for the injury; and

  • (ii) is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1

income year

[Repealed]

income year: this definition was repealed, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35).

individual rehabilitation plan—

• (a) means a plan under section 75 that provides for a claimant to receive rehabilitation that will assist in accordance with section 70 in restoring the claimant's health, independence, and participation to the maximum practicable extent; and

• (b) includes an individual rehabilitation programme or individual rehabilitation plan entered into under a former Act

medical error

[Repealed]

medical error: this definition was repealed, as from 1 July 2005, by section 3(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

medical laboratory technologist means a health practitioner who—

• (a) is, or is deemed to be, registered with the Medical Laboratory Science Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science; and

• (b) holds a current practising certificate

medical laboratory technologist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

Medical Misadventure Account

[Repealed]

Medical Misadventure Account: this definition was repealed, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8). See sections 14 to 16 of that Act for the transitional provisions.

medical mishap

[Repealed]

medical mishap: this definition was repealed, as from 1 July 2005, by section 3(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

medical practitioner means a health practitioner who—

• (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

medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

medical radiation technologist means a health practitioner who—

• (a) is, or is deemed to be, registered with the Medical Radiation Technologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical radiation technology; and

• (b) holds a current practising certificate

medical radiation technologist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

mental injury has the meaning set out in section 27

midwife means a health practitioner who—

• (a) is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery; and

• (b) holds a current practising certificate

midwife: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

Motor Vehicle Account means the Account described in section 213

Motor Vehicle Account Residual levy means the levy payable under section 214(3)

motor vehicle injury has the meaning set out in sections 29 and 35

New Zealand has the meaning set out in section 16

New Zealand superannuation qualification age,—

• (a) for a person born before 1 April 1936, means the appropriate age set out in section 3 of the Social Welfare (Transitional Provisions) Act 1990 (before its repeal):

• (b) for any other person, means the age specified in section 7 of the New Zealand Superannuation and Retirement Income Act 2001,—

irrespective of whether or not the particular person qualifies for New Zealand superannuation at that or any other age.

New Zealand superannuation qualification age: this definition was substituted, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).

New Zealand superannuation qualification age: paragraph (b) of this definition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting the words “New Zealand Superannuation and Retirement Income Act 2001” for the words “New Zealand Superannuation Act 2001”.

non-earner means a natural person who is not an earner

Non-Earners' Account means the Account described in section 227

nurse means a health practitioner who—

• (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 general nursing functions; and

• (b) holds a current practising certificate

nurse: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

nurse practitioner means a health practitioner who—

• (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

occupational therapist means a health practitioner who—

• (a) is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy; and

• (b) holds a current practising certificate

occupational therapist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

optometrist means a health practitioner who—

• (a) is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry; and

• (b) holds a current practising certificate

optometrist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

ordinarily resident in New Zealand has the meaning set out in section 17

osteopath means a health practitioner who—

• (a) is, or is deemed to be, registered with the Osteopathic Council established by section 114(4) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of osteopathy; and

• (b) holds a current practising certificate

osteopath: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

other dependant means a person who has all the following characteristics immediately before a deceased claimant's death

• (a) because of his or her physical or mental condition, he or she is financially dependent on the deceased claimant:

• (b) he or she is deriving average earnings per week of less than the minimum weekly earnings as determined under clause 42(3) of Schedule 1:

• (c) he or she is not the deceased claimant's spouse or partner:

• (d) he or she is not a child of the deceased claimant under 18 years

other dependant: this definition was amended, as from 26 April 2005, by section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “or partner” after the word “spouse”.

outstanding claims liability, in relation to a particular date, means the present value of expected future payments in respect of claims under this Act or any of the former Acts, which claims are—

• (a) claims notified to, and accepted by, the Corporation before that date, in respect of which payments have not been fully made at that date; and

• (b) claims that relate to events that have already occurred, but that have not been notified to, or accepted by, the Corporation as at that date; and

• (c) claims of a type described in paragraph (a) or paragraph (b) that have been taken on by the Corporation, in accordance with section 7 of the Accident Insurance (Transitional Provisions) Act 2000, under an agreement with an insurer

overpayment means an overpayment of the type described in section 248(1)(a)

parental leave has the same meaning as in section 2(1) of the Parental Leave and Employment Protection Act 1987

partner, in the phrase “spouse or partner” and in related contexts, has the meaning set out in section 18A(1) to (3); and, in relation to a deceased claimant, has the meaning set out in section 18A(4) to (6)

partner: this definition was inserted, as from 26 April 2005, by section 3 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

PAYE income payment has the same meaning as in section RD 3(1) of the Income Tax Act 2007

personal injury has the meaning set out in section 26

personal injury caused by a work-related gradual process, disease, or infection has the meaning set out in section 30

personal injury caused by medical misadventure

[Repealed]

personal injury caused by medical misadventure: this definition was repealed, as from 1 July 2005, by section 3(4) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

personal injury covered by any former Act means—

• (a) personal injury covered by the Accident Insurance Act 1998:

• (b) personal injury covered by the Accident Rehabilitation and Compensation Insurance Act 1992:

• (c) personal injury by accident covered by the Accident Compensation Act 1982 or the Accident Compensation Act 1972

pharmaceutical means—

• (a) a prescription medicine, a restricted medicine, or a pharmacy-only medicine, as listed in Parts 1, 2, and 3 of Schedule 1 of the Medicines Regulations 1984; or

• (b) a controlled drug as defined in the Misuse of Drugs Act 1975

pharmacist means a health practitioner who—

• (a) is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy; and

• (b) holds a current practising certificate

pharmacist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

physiotherapist means a health practitioner who—

• (a) is, or is deemed to be, registered with the Physiotherapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy; and

• (b) holds a current practising certificate

physiotherapist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

place of education—

• (a) means—

  • (i) a composite school or a secondary school as defined by section 2(1) of the Education Act 1989, or a secondary school or a composite private school registered under section 35A of the Education Act 1989; and

  • (ii) an institution, such as a polytechnic, teachers college, university or wananga, as defined by section 159(1) of the Education Act 1989; and

  • (iii) a registered establishment as defined by section 159(1) of the Education Act 1989; and

• (b) includes any other prescribed place of education

place of employment means any premises or place—

• (a) occupied for the purposes of employment; or

• (b) to which a person has access because of his or her employment; or

• (c) attended by a person for a course of education or training for the purposes of his or her current employment, if he or she receives earnings from that employment for his or her attendance

podiatrist means a health practitioner who—

• (a) is, or is deemed to be, registered with the Podiatrists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of podiatry; and

• (b) holds a current practising certificate

podiatrist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

potential earner means a claimant who either—

• (a) suffered personal injury before turning 18 years; or

• (b) suffered personal injury while engaged in full-time study or training that began before the claimant turned 18 years and continued uninterrupted until after the claimant turned 18 years

practicable, in relation to rehabilitation, means practicable after considering and balancing the following

• (a) the nature and consequences of the injury:

• (b) the achievement of rehabilitation outcomes:

• (c) costs:

• (d) cost effectiveness:

• (e) the availability of other forms of rehabilitation:

• (f) other relevant factors

practising certificate means an annual practising certificate issued by the relevant authority under section 26(3) or section 29(4), or deemed to have been issued under section 191(2), of the Health Practitioners Competence Assurance Act 2003

practising certificate: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

private domestic worker means a person—

• (a) who is employed by any other person where—

  • (i) the employer is the occupier or 1 of the occupiers of a dwellinghouse or other premises used exclusively for residential purposes; and

  • (ii) the employment is for the performance of work in or about the dwellinghouse or premises or the garden or grounds belonging to the dwellinghouse or premises; and

  • (iii) the employment is not in relation to any business carried on by the employer or to any occupation or calling of the employer; and

  • (iv) the employment is not regular full-time employment; and