Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017
2017/72
Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017
Patsy Reddy, Governor-General
Order in Council
At Wellington this 18th day of April 2017
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 328 of the Accident Compensation Act 2001—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for ACC.
Regulations
1 Title
These regulations are the Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017.
2 Commencement
These regulations come into force on 1 June 2017.
3 Principal regulations
These regulations amend the regulations that were previously called the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 (the principal regulations).
4 Name of principal regulations changed
(1)
After the commencement of this regulation,—
(a)
the principal regulations are called the Accident Compensation (Review Costs and Appeals) Regulations 2002; and
(b)
every reference in any enactment and in any document to the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 must, unless the context otherwise provides, be read as a reference to the Accident Compensation (Review Costs and Appeals) Regulations 2002.
(2)
In regulation 1, replace “Injury Prevention, Rehabilitation, and Compensation”
with “Accident Compensation”
.
5 Regulation 3 amended (Interpretation)
In regulation 3, definition of Act, replace “Injury Prevention, Rehabilitation, and Compensation”
with “Accident Compensation”
.
6 Schedule 1 replaced
Replace Schedule 1 with the Schedule 1 set out in the Schedule of this order.
7 Schedule 2 amended
In Schedule 2, replace “Injury Prevention, Rehabilitation, and Compensation Act 2001”
with “Accident Compensation Act 2001”
in each place.
Schedule Schedule 1 replaced
Schedule Scale of costs and expenses on review
r 4
Section 148, Accident Compensation Act 2001
| Item |
Maximum award ($) |
Rate ($) |
||||
|---|---|---|---|---|---|---|
| Applicant’s or another person’s representation (awards for items in this category may be made in respect of 1 representative only)— | ||||||
(a)preparation and lodging of application for review under section 135 |
136.35 | |||||
(b)participation in a case conference on behalf of applicant or another person before review hearing |
68.18 | |||||
(c)other preparation of case for review |
409.07 | |||||
(d)appearance at hearing on behalf of applicant or another person— |
409.07 | |||||
(i)first hour of hearing (or part thereof) |
204.53 | |||||
(ii)second hour of hearing |
34.08 per 15 minutes | |||||
(iii)later hours of hearing |
17.05 per 15 minutes | |||||
| All relevant and reasonably necessary reports for applicant or another person by any registered specialists (as defined by regulation 3) | 1,090.84 | |||||
| All relevant and reasonably necessary reports prepared for applicant or another person by a person with a recognised qualification to express a competent view on a matter in issue (for example, a person undertaking an occupational assessment, an architect, or a general medical practitioner)— | ||||||
(a)if only 1 report is provided |
545.42 | |||||
(b)if 2 or more reports are provided |
818.12 | |||||
| at the following rates: | ||||||
(a)first hour (or part thereof) of preparation |
204.53 | |||||
(b)second hour of preparation |
51.13 per 15 minutes | |||||
(c)third hour of preparation |
34.08 per 15 minutes | |||||
| Other expenses reasonably incurred by applicant or another person, or on behalf of an applicant or other person, associated with a hearing (for example, transport to a hearing or time off work for an applicant, another person, a representative, or a witness or support person such as whānau support; disbursements such as photocopying, childcare, or telephone charges)— | 681.77 | |||||
| for transport within this category | 178.78 | 0.29 per kilometre for private transport | ||||
Michael Webster,
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, which come into force on 1 June 2017, amend the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Regulations 2002 (the principal regulations). Regulation 4 amends the Title of the principal regulations to reflect the name of the empowering Act, and regulations 5 and 7 make related and consequential amendments.
Regulation 6 replaces Schedule 1 of the principal regulations, which sets out the maximum amounts that may be awarded to an applicant or other person for costs and expenses on a review. The replacement schedule increases the maximum amounts payable by 16.6% for all but 1 of the items listed. (The per-kilometre amount payable for private transport is unchanged.)
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 17 February 2017 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 20 April 2017.
These regulations are administered by the Ministry of Business, Innovation, and Employment.