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166 Offences

166
Offences
(1)
Every person who—
(a)
Makes any statement knowing it to be false in any material particular; or
(b)
Wilfully does or says anything or omits to do or say anything for the purpose of misleading or attempting to mislead any person concerned in the administration of this Act or any other person whomsoever; or
(c)
Makes any statement that is false in a material particular with reckless disregard as to whether or not it is true—
for the purpose of receiving or continuing to receive any [payment,] treatment, service, rehabilitation, related transport, compensation, grant, or allowance (for that person or for any other person), or which results in that person or any other person receiving or continuing to receive any [payment,] treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act [(whether or not authorised under this Act)] commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000 or to both imprisonment and fine.
[(1A)
Every—
(a)
Employer or former employer of any claimant; or
(b)
Person who has provided any treatment, service, rehabilitation, related transport, or certificate to any claimant; or
(c)
Person who has received any payment in respect of any claimant—
who, without reasonable excuse, refuses or fails to supply any information or statement for the purposes of this Act to the Corporation when requested by the Corporation to do so commits an offence and is liable on summary conviction to a fine not exceeding $2,000 and, where the offence is a continuing one, to a further fine not exceeding $50 for every day during which the offence has continued.]
[(1B)
Subsection (1A) of this section does not apply unless the claimant has consented to the request being made and notice of that consent has been given to the person of whom the request is made.]
(2)
Any person who is in receipt of—
(a)
A vocational rehabilitation allowance under section 25 of this Act; or
(b)
Compensation for loss of earnings under section 38 or section 39 of this Act; or
(c)
Loss of potential earning capacity under section 45 or section 46 of this Act; or
(d)
Weekly compensation under section 60 of this Act; or
(e)
Compensation continued under section 138 or section 145 of this Act—
who fails to advise the Corporation … as soon as is practicable if there is any increase in the amount of earnings derived after the commencement of compensation that would reduce the compensation payable to that person, commits an offence and is liable on summary conviction to a fine not exceeding $5,000.
(3)
Notwithstanding anything in section 14 of the Summary Proceedings Act 1957 or in any other Act, any information in respect of any offence against this Act, or against any regulations made thereunder … may be laid at any time within 5 years after the termination of the year in which the offence was committed.
(4)
Every person who commits an offence against this Act or any regulations made thereunder for which no penalty is provided in this Act or in any regulations made thereunder elsewhere than in this section is liable on summary conviction to a fine not exceeding $500.
(5)
Any information may charge the defendant with any number of offences against this Act (whether arising under this section or otherwise) or against any regulations made thereunder, if those offences are founded on the same set of facts or form or are part of a series of offences of the same or a similar character.
(6)
Where any information charges more than one such offence, particulars of each offence charged shall be set out separately in the information.
(7)
All such charges shall be heard together unless the Court, either before or at any time during the hearing, considers it just that any charge should be heard separately and makes an order to that effect.
Compare: 1982 No 181 s 119

History Note - Statutes of New Zealand

This Act was repealed, as from 1 July 1999, by s 417(1) Accident Insurance Act 1998 (1998 No 114).
Subsection (1) was amended, as from 2 September 1996, by s 24 Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106) by inserting the word “payment,”, and by inserting the words “(whether or not authorised under this Act)”.
Subsections (1A) and (1B) were inserted, as from 1 July 1993, by s 51 Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1993 (1993 No 55).
Subsection (2) was amended, as from 2 September 1996, by s 24 Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106) by omitting the words “or the exempt employer, as the case may be”.
Subsection (3) was amended, as from 2 September 1996, by s 24 Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106) by omitting the words “, for which a person is liable on summary conviction to a fine”.

Historical Versions - Statutes of New Zealand

Show the historical version (1 July 1993 to 1 September 1996)

166
Offences
(1)
Every person who—
(a)
Makes any statement knowing it to be false in any material particular; or
(b)
Wilfully does or says anything or omits to do or say anything for the purpose of misleading or attempting to mislead any person concerned in the administration of this Act or any other person whomsoever; or
(c)
Makes any statement that is false in a material particular with reckless disregard as to whether or not it is true—
for the purpose of receiving or continuing to receive any treatment, service, rehabilitation, related transport, compensation, grant, or allowance (for that person or for any other person), or which results in that person or any other person receiving or continuing to receive any treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000 or to both imprisonment and fine.
[(1A)
Every—
(a)
Employer or former employer of any claimant; or
(b)
Person who has provided any treatment, service, rehabilitation, related transport, or certificate to any claimant; or
(c)
Person who has received any payment in respect of any claimant—
who, without reasonable excuse, refuses or fails to supply any information or statement for the purposes of this Act to the Corporation when requested by the Corporation to do so commits an offence and is liable on summary conviction to a fine not exceeding $2,000 and, where the offence is a continuing one, to a further fine not exceeding $50 for every day during which the offence has continued.]
[(1B)
Subsection (1A) of this section does not apply unless the claimant has consented to the request being made and notice of that consent has been given to the person of whom the request is made.]
(2)
Any person who is in receipt of—
(a)
A vocational rehabilitation allowance under section 25 of this Act; or
(b)
Compensation for loss of earnings under section 38 or section 39 of this Act; or
(c)
Loss of potential earning capacity under section 45 or section 46 of this Act; or
(d)
Weekly compensation under section 60 of this Act; or
(e)
Compensation continued under section 138 or section 145 of this Act—
who fails to advise the Corporation or the exempt employer, as the case may be, as soon as is practicable if there is any increase in the amount of earnings derived after the commencement of compensation that would reduce the compensation payable to that person, commits an offence and is liable on summary conviction to a fine not exceeding $5,000.
(3)
Notwithstanding anything in section 14 of the Summary Proceedings Act 1957 or in any other Act, any information in respect of any offence against this Act, or against any regulations made thereunder, for which a person is liable on summary conviction to a fine may be laid at any time within 5 years after the termination of the year in which the offence was committed.
(4)
Every person who commits an offence against this Act or any regulations made thereunder for which no penalty is provided in this Act or in any regulations made thereunder elsewhere than in this section is liable on summary conviction to a fine not exceeding $500.
(5)
Any information may charge the defendant with any number of offences against this Act (whether arising under this section or otherwise) or against any regulations made thereunder, if those offences are founded on the same set of facts or form or are part of a series of offences of the same or a similar character.
(6)
Where any information charges more than one such offence, particulars of each offence charged shall be set out separately in the information.
(7)
All such charges shall be heard together unless the Court, either before or at any time during the hearing, considers it just that any charge should be heard separately and makes an order to that effect.
Compare: 1982 No 181 s 119
Show the historical version (1 July 1992 to 30 June 1993)

166
Offences
(1)
Every person who—
(a)
Makes any statement knowing it to be false in any material particular; or
(b)
Wilfully does or says anything or omits to do or say anything for the purpose of misleading or attempting to mislead any person concerned in the administration of this Act or any other person whomsoever; or
(c)
Makes any statement that is false in a material particular with reckless disregard as to whether or not it is true—
for the purpose of receiving or continuing to receive any treatment, service, rehabilitation, related transport, compensation, grant, or allowance (for that person or for any other person), or which results in that person or any other person receiving or continuing to receive any treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000 or to both imprisonment and fine.
(2)
Any person who is in receipt of—
(a)
A vocational rehabilitation allowance under section 25 of this Act; or
(b)
Compensation for loss of earnings under section 38 or section 39 of this Act; or
(c)
Loss of potential earning capacity under section 45 or section 46 of this Act; or
(d)
Weekly compensation under section 60 of this Act; or
(e)
Compensation continued under section 138 or section 145 of this Act—
who fails to advise the Corporation or the exempt employer, as the case may be, as soon as is practicable if there is any increase in the amount of earnings derived after the commencement of compensation that would reduce the compensation payable to that person, commits an offence and is liable on summary conviction to a fine not exceeding $5,000.
(3)
Notwithstanding anything in section 14 of the Summary Proceedings Act 1957 or in any other Act, any information in respect of any offence against this Act, or against any regulations made thereunder, for which a person is liable on summary conviction to a fine may be laid at any time within 5 years after the termination of the year in which the offence was committed.
(4)
Every person who commits an offence against this Act or any regulations made thereunder for which no penalty is provided in this Act or in any regulations made thereunder elsewhere than in this section is liable on summary conviction to a fine not exceeding $500.
(5)
Any information may charge the defendant with any number of offences against this Act (whether arising under this section or otherwise) or against any regulations made thereunder, if those offences are founded on the same set of facts or form or are part of a series of offences of the same or a similar character.
(6)
Where any information charges more than one such offence, particulars of each offence charged shall be set out separately in the information.
(7)
All such charges shall be heard together unless the Court, either before or at any time during the hearing, considers it just that any charge should be heard separately and makes an order to that effect.
Compare: 1982 No 181 s 119

From Personal Injury in NZ

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