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167 Regulations

167
Regulations
(1)
The Governor-General may from time to time, on the recommendation of the Minister, by Order in Council, make regulations—
[(a)
Prescribing the assessment to be used to establish the degree of whole-person impairment for the purposes of sections 54 and 54A of this Act:]
[(aa)
Increasing the maximum amount of the independence allowance payable under section 54 of this Act:]
[(ab)
Prescribing the graduated rates at which the independence allowance is payable under section 54 of this Act:]
[(ac)
Specifying when a person's condition is to be regarded as having stabilised for the purposes of sections 54 and 54A of this Act:]
[(ad)
Defining the term “registered medical practitioner” for the purposes of sections 54 and 54A of this Act:]
(b)
Prescribing the forms to be used to lodge a claim under this Act:
(c)
Prescribing the form of certificates required to be submitted in respect of claims lodged under this Act:
(d)
Defining, so as to ensure that the meanings are consistent for the purposes of income tax, premiums, and compensation, the terms “earnings”, “earnings as an employee”, and “earnings other than as an employee”, and the time of their payment or derivation for premium purposes and for the purposes of determining the weekly earnings of any person and prescribing the maximum amounts and deemed minimum [and optional] amounts of earnings for premium purposes:
(e)
Prescribing the procedures for the return of earnings and the payment of premiums on earnings and refunds on premiums and other related matters:
(f)
Prescribing procedures for the obtaining of independent advice for the purposes of section 5 of this Act, including procedures enabling the claimant and the registered health professional to have a reasonable opportunity to comment on the matter:
[(g)
Prescribing the rates of premiums (including minimum and optional premiums for those persons with earnings other than as an employee):]
[(ga)
Prescribing the rates of deemed weekly earnings for the purposes of section 41A of this Act:]
(h)
Prescribing classifications for premium purposes:
(i)
Repealed.
(j)
Prescribing the particulars to be provided in the work injury report to be submitted by employers:
(k)
Prescribing the tests to be applied and the conditions under which they are to be applied to assess the level of compensable deafness where that deafness is personal injury caused by gradual process arising out of and in the course of employment, and prescribing matters relating to base-line testing:
(l)
Prescribing the extent to which the Corporation may meet the costs of social rehabilitation, health care treatment, services, and certificates, and related transport costs, and prescribing the circumstances in which, and the method by which, the Corporation shall make any payment in respect of that rehabilitation or those treatments, services, certificates, and related transport costs, and may enter into arrangements and make contributions in respect of them; and prescribing the persons to whom those payments may be so made:
[(la)
Prescribing the extent to which the Corporation may make payments in respect of child care as contemplated by section 56A of this Act:]
(m)
Prescribing the collection fee or rate of collection fee, not exceeding the estimated true cost of collection, that may be paid to or retained by the Commissioner of Inland Revenue or any other agent responsible for the collection of premiums:
(n)
Prescribing the formula or formulae for indexation under section 70 of this Act:
(o)
Prescribing the formula or formulae for indexation under section 71 of this Act:
(p)
Prescribing the terms and conditions of systems of experience rating of payers of premiums under this Act:
(q)
Prescribing matters relating to vocational rehabilitation:
(r)
Prescribing rules for the making of applications and the conduct of proceedings under section 84 of this Act:
(s)
Prescribing the rules for the lodging of notices and conduct of appeals under this Act in District Courts and prescribing the rules for proceedings under section 90 of this Act:
(t)
Prescribing a scale of costs for the purposes of section 90(10) of this Act:
(u)
Prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act or any requirement or direction made or given under any such regulation; and prescribing penalties not exceeding $500 in respect of any offences prescribed under this paragraph:
(v)
Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2)
The Minister shall not make any recommendation in respect of regulations made pursuant to any of paragraphs (a), [(aa),] (f), (h), (i), (k), (l), [(la)], (p), and (q) of subsection (1) of this section or in relation to the Medical Misadventure Account without first consulting such persons or organisations as the Minister considers appropriate having regard to the subject-matter of the proposed regulations.
(3)
In the absence of any regulations under this section or so far as any such regulations do not extend, the Corporation may determine the forms to be used and the procedures to be followed for the purposes of this Act.
(4)
The forms for work injury claims, work injury reports, and treatment certificates shall be prescribed in regulations that come into force not later than the 1st day of April 1993.
(5)
Without limiting the matters that may be prescribed by regulations, regulations made under paragraph (l) of subsection (1) of this section may—
(a)
Prescribe a percentage or different percentages of the total costs to be paid by the Corporation, or prescribe a specified amount or specified amounts which the Corporation shall pay in respect of those costs in specified circumstances:
(b)
Provide that the Corporation shall make payments in respect of costs only to the extent that costs exceed amounts specified in the regulations:
(c)
Provide that the Corporation shall make payments only in respect of rehabilitation, treatments, certificates, services and related transport provided by, or on referral from, or under the direct supervision of persons who are members of classes prescribed in the regulations:
(d)
Provide that the Corporation shall not pay any of the cost of specified rehabilitation, certificates, treatments, services, or related transport, or shall pay some or all of such costs only if conditions specified in the regulations or by the Corporation are met:
(e)
Provide that the Corporation shall make payments in respect of rehabilitation, treatments, certificates, services or related transport on such other basis as is specified in the regulations:
[(f)
Provide that the Corporation shall reduce any amount that would otherwise be payable under the regulations by a specified amount and pay the equivalent of that amount to a Crown Bank Account nominated by the Minister of Finance.]
[(5A)
Repealed.]
[(5B)
For the purposes of subsection (5)(f) of this section, the expression specified amount means an amount specified in the regulations and appropriate to the claimant concerned whether stated as a specific amount or determinable by reference to criteria or formulae specified in the regulations.]
(6)
Without limiting the matters that may be prescribed by regulations, regulations made under paragraph (l) of subsection (1) of this section may contain different provisions in respect of—
(a)
Payments relating to personal injury arising out of and in the course of employment, and other personal injury:
(b)
Payments relating to persons who are entitled to compensation for loss of earnings or loss of potential earning capacity:
(c)
Payments relating to persons who have different entitlements to benefits under the Social Security Act 1964:
(d)
Payments relating to persons or rehabilitation treatments, certificates, services, or related transport costs, repairs, or replacements, on such other basis as is specified in the regulations.
(7)
Without limiting the Acts Interpretation Act 1924, no Order in Council or regulation under this Act shall be invalid because it leaves any matter to the discretion of the Minister or the Corporation or any agent of the Corporation or because it authorises the Minister or the Corporation or any agent of the Corporation to give any consent or approval on or subject to conditions to be imposed or approved by the Minister or the Corporation or any agent of the Corporation.
Compare: 1982 No 181 s 120

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)(a) was substituted, and subs (1)(aa) to (ad) were inserted, as from 2 September 1996, by s 21(1) Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106). See also s 28 of that Act as to regulations providing for transitional matters.
Subsection (1)(d) was amended, as from 2 September 1996, by s 21(2) Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106) by inserting the words “and optional”.
Subsection (1)(g) was substituted, and subs (1)(ga) was inserted, as from 2 September 1996, by s 21(3) Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106).
Subsection (1)(i) was repealed, as from 2 September 1996, by s 21(4) Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106).
Subsection (1)(la) was inserted, as from 1 July 1993, by s 52(1) Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1993 (1993 No 55).
Subsection (2) was amended, as from 1 July 1993, by s 52(2) Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1993 (1993 No 55) by inserting the expression “(la),”.
Subsection (2) was amended, as from 2 September 1996, by s 21(5) Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106) by inserting the expression “(aa),”.
Subsection (5)(f) was repealed, as from 1 July 1993, by s 16(1) Accident Rehabilitation and Compensation Insurance Amendment Act 1993 (1993 No 25). A new subs (5)(f) was inserted, as from 1 July 1993, by s 52(3) Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1993 (1993 No 55).
Subsection (5A) was inserted, as from 1 July 1993, by s 16(2) Accident Rehabilitation and Compensation Insurance Amendment Act 1993 (1993 No 25).
Subsection (5A) was repealed, as from 2 September 1996, by s 21(4) Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106).
Subsection (5B) was inserted, as from 1 July 1993, by s 52(4) Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1993 (1993 No 55).

Historical Versions - Statutes of New Zealand

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

167
Regulations
(1)
The Governor-General may from time to time, on the recommendation of the Minister, by Order in Council, make regulations—
(a)
Prescribing the various scales by which capacity for work and incapacity, impairment, disability, and handicap for work are to be measured, and prescribing the procedures by which the scales shall be administered, for the purposes of this Act:
(b)
Prescribing the forms to be used to lodge a claim under this Act:
(c)
Prescribing the form of certificates required to be submitted in respect of claims lodged under this Act:
(d)
Defining, so as to ensure that the meanings are consistent for the purposes of income tax, premiums, and compensation, the terms “earnings”, “earnings as an employee”, and “earnings other than as an employee”, and the time of their payment or derivation for premium purposes and for the purposes of determining the weekly earnings of any person and prescribing the maximum amounts and deemed minimum amounts of earnings for premium purposes:
(e)
Prescribing the procedures for the return of earnings and the payment of premiums on earnings and refunds on premiums and other related matters:
(f)
Prescribing procedures for the obtaining of independent advice for the purposes of section 5 of this Act, including procedures enabling the claimant and the registered health professional to have a reasonable opportunity to comment on the matter:
(g)
Prescribing rates of premiums (including a minimum premium for those with earnings other than as an employee):
(h)
Prescribing classifications for premium purposes:
(i)
Prescribing the criteria for eligibility to be an exempt employer and related procedures:
(j)
Prescribing the particulars to be provided in the work injury report to be submitted by employers:
(k)
Prescribing the tests to be applied and the conditions under which they are to be applied to assess the level of compensable deafness where that deafness is personal injury caused by gradual process arising out of and in the course of employment, and prescribing matters relating to base-line testing:
(l)
Prescribing the extent to which the Corporation may meet the costs of social rehabilitation, health care treatment, services, and certificates, and related transport costs, and prescribing the circumstances in which, and the method by which, the Corporation shall make any payment in respect of that rehabilitation or those treatments, services, certificates, and related transport costs, and may enter into arrangements and make contributions in respect of them; and prescribing the persons to whom those payments may be so made:
[(la)
Prescribing the extent to which the Corporation may make payments in respect of child care as contemplated by section 56A of this Act:]
(m)
Prescribing the collection fee or rate of collection fee, not exceeding the estimated true cost of collection, that may be paid to or retained by the Commissioner of Inland Revenue or any other agent responsible for the collection of premiums:
(n)
Prescribing the formula or formulae for indexation under section 70 of this Act:
(o)
Prescribing the formula or formulae for indexation under section 71 of this Act:
(p)
Prescribing the terms and conditions of systems of experience rating of payers of premiums under this Act:
(q)
Prescribing matters relating to vocational rehabilitation:
(r)
Prescribing rules for the making of applications and the conduct of proceedings under section 84 of this Act:
(s)
Prescribing the rules for the lodging of notices and conduct of appeals under this Act in District Courts and prescribing the rules for proceedings under section 90 of this Act:
(t)
Prescribing a scale of costs for the purposes of section 90(10) of this Act:
(u)
Prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act or any requirement or direction made or given under any such regulation; and prescribing penalties not exceeding $500 in respect of any offences prescribed under this paragraph:
(v)
Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2)
The Minister shall not make any recommendation in respect of regulations made pursuant to any of paragraphs (a), (f), (h), (i), (k), (l), [(la)], (p), and (q) of subsection (1) of this section or in relation to the Medical Misadventure Account without first consulting such persons or organisations as the Minister considers appropriate having regard to the subject-matter of the proposed regulations.
(3)
In the absence of any regulations under this section or so far as any such regulations do not extend, the Corporation may determine the forms to be used and the procedures to be followed for the purposes of this Act.
(4)
The forms for work injury claims, work injury reports, and treatment certificates shall be prescribed in regulations that come into force not later than the 1st day of April 1993.
(5)
Without limiting the matters that may be prescribed by regulations, regulations made under paragraph (l) of subsection (1) of this section may—
(a)
Prescribe a percentage or different percentages of the total costs to be paid by the Corporation, or prescribe a specified amount or specified amounts which the Corporation shall pay in respect of those costs in specified circumstances:
(b)
Provide that the Corporation shall make payments in respect of costs only to the extent that costs exceed amounts specified in the regulations:
(c)
Provide that the Corporation shall make payments only in respect of rehabilitation, treatments, certificates, services and related transport provided by, or on referral from, or under the direct supervision of persons who are members of classes prescribed in the regulations:
(d)
Provide that the Corporation shall not pay any of the cost of specified rehabilitation, certificates, treatments, services, or related transport, or shall pay some or all of such costs only if conditions specified in the regulations or by the Corporation are met:
(e)
Provide that the Corporation shall make payments in respect of rehabilitation, treatments, certificates, services or related transport on such other basis as is specified in the regulations:
[(f)
Provide that the Corporation shall reduce any amount that would otherwise be payable under the regulations by a specified amount and pay the equivalent of that amount to a Crown Bank Account nominated by the Minister of Finance.]
[(5A)
Every reference in subsection (1)(l) and subsection (5) of this section to the term “Corporation” shall be read as a reference also to any exempt employer; and the matters that may be prescribed in regulations made under subsection (1)(l) of this section may be prescribed on the same or a different basis in respect of the Corporation or exempt employers.]
[(5B)
For the purposes of subsection (5)(f) of this section, the expression specified amount means an amount specified in the regulations and appropriate to the claimant concerned whether stated as a specific amount or determinable by reference to criteria or formulae specified in the regulations.]
(6)
Without limiting the matters that may be prescribed by regulations, regulations made under paragraph (l) of subsection (1) of this section may contain different provisions in respect of—
(a)
Payments relating to personal injury arising out of and in the course of employment, and other personal injury:
(b)
Payments relating to persons who are entitled to compensation for loss of earnings or loss of potential earning capacity:
(c)
Payments relating to persons who have different entitlements to benefits under the Social Security Act 1964:
(d)
Payments relating to persons or rehabilitation treatments, certificates, services, or related transport costs, repairs, or replacements, on such other basis as is specified in the regulations.
(7)
Without limiting the Acts Interpretation Act 1924, no Order in Council or regulation under this Act shall be invalid because it leaves any matter to the discretion of the Minister or the Corporation or any agent of the Corporation or because it authorises the Minister or the Corporation or any agent of the Corporation to give any consent or approval on or subject to conditions to be imposed or approved by the Minister or the Corporation or any agent of the Corporation.
Compare: 1982 No 181 s 120
Show the historical version (1 April 1992 to 30 June 1993)

167
Regulations
(1)
The Governor-General may from time to time, on the recommendation of the Minister, by Order in Council, make regulations—
(a)
Prescribing the various scales by which capacity for work and incapacity, impairment, disability, and handicap for work are to be measured, and prescribing the procedures by which the scales shall be administered, for the purposes of this Act:
(b)
Prescribing the forms to be used to lodge a claim under this Act:
(c)
Prescribing the form of certificates required to be submitted in respect of claims lodged under this Act:
(d)
Defining, so as to ensure that the meanings are consistent for the purposes of income tax, premiums, and compensation, the terms “earnings”, “earnings as an employee”, and “earnings other than as an employee”, and the time of their payment or derivation for premium purposes and for the purposes of determining the weekly earnings of any person and prescribing the maximum amounts and deemed minimum amounts of earnings for premium purposes:
(e)
Prescribing the procedures for the return of earnings and the payment of premiums on earnings and refunds on premiums and other related matters:
(f)
Prescribing procedures for the obtaining of independent advice for the purposes of section 5 of this Act, including procedures enabling the claimant and the registered health professional to have a reasonable opportunity to comment on the matter:
(g)
Prescribing rates of premiums (including a minimum premium for those with earnings other than as an employee):
(h)
Prescribing classifications for premium purposes:
(i)
Prescribing the criteria for eligibility to be an exempt employer and related procedures:
(j)
Prescribing the particulars to be provided in the work injury report to be submitted by employers:
(k)
Prescribing the tests to be applied and the conditions under which they are to be applied to assess the level of compensable deafness where that deafness is personal injury caused by gradual process arising out of and in the course of employment, and prescribing matters relating to base-line testing:
(l)
Prescribing the extent to which the Corporation may meet the costs of social rehabilitation, health care treatment, services, and certificates, and related transport costs, and prescribing the circumstances in which, and the method by which, the Corporation shall make any payment in respect of that rehabilitation or those treatments, services, certificates, and related transport costs, and may enter into arrangements and make contributions in respect of them; and prescribing the persons to whom those payments may be so made:
(m)
Prescribing the collection fee or rate of collection fee, not exceeding the estimated true cost of collection, that may be paid to or retained by the Commissioner of Inland Revenue or any other agent responsible for the collection of premiums:
(n)
Prescribing the formula or formulae for indexation under section 70 of this Act:
(o)
Prescribing the formula or formulae for indexation under section 71 of this Act:
(p)
Prescribing the terms and conditions of systems of experience rating of payers of premiums under this Act:
(q)
Prescribing matters relating to vocational rehabilitation:
(r)
Prescribing rules for the making of applications and the conduct of proceedings under section 84 of this Act:
(s)
Prescribing the rules for the lodging of notices and conduct of appeals under this Act in District Courts and prescribing the rules for proceedings under section 90 of this Act:
(t)
Prescribing a scale of costs for the purposes of section 90(10) of this Act:
(u)
Prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act or any requirement or direction made or given under any such regulation; and prescribing penalties not exceeding $500 in respect of any offences prescribed under this paragraph:
(v)
Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2)
The Minister shall not make any recommendation in respect of regulations made pursuant to any of paragraphs (a), (f), (h), (i), (k), (l), (p), and (q) of subsection (1) of this section or in relation to the Medical Misadventure Account without first consulting such persons or organisations as the Minister considers appropriate having regard to the subject-matter of the proposed regulations.
(3)
In the absence of any regulations under this section or so far as any such regulations do not extend, the Corporation may determine the forms to be used and the procedures to be followed for the purposes of this Act.
(4)
The forms for work injury claims, work injury reports, and treatment certificates shall be prescribed in regulations that come into force not later than the 1st day of April 1993.
(5)
Without limiting the matters that may be prescribed by regulations, regulations made under paragraph (l) of subsection (1) of this section may—
(a)
Prescribe a percentage or different percentages of the total costs to be paid by the Corporation, or prescribe a specified amount or specified amounts which the Corporation shall pay in respect of those costs in specified circumstances:
(b)
Provide that the Corporation shall make payments in respect of costs only to the extent that costs exceed amounts specified in the regulations:
(c)
Provide that the Corporation shall make payments only in respect of rehabilitation, treatments, certificates, services and related transport provided by, or on referral from, or under the direct supervision of persons who are members of classes prescribed in the regulations:
(d)
Provide that the Corporation shall not pay any of the cost of specified rehabilitation, certificates, treatments, services, or related transport, or shall pay some or all of such costs only if conditions specified in the regulations or by the Corporation are met:
(e)
Provide that the Corporation shall make payments in respect of rehabilitation, treatments, certificates, services or related transport on such other basis as is specified in the regulations:
(f)
Provide that the Corporation shall make payments to a Crown Bank. Account nominated by the Minister of Finance equivalent to benefits paid under Part 2 of the Social Security Act 1964 or any ree:ulations in force under that Part in respect of any health care treatment, service, or certificate.
(6)
Without limiting the matters that may be prescribed by regulations, regulations made under paragraph (l) of subsection (1) of this section may contain different provisions in respect of—
(a)
Payments relating to personal injury arising out of and in the course of employment, and other personal injury:
(b)
Payments relating to persons who are entitled to compensation for loss of earnings or loss of potential earning capacity:
(c)
Payments relating to persons who have different entitlements to benefits under the Social Security Act 1964:
(d)
Payments relating to persons or rehabilitation treatments, certificates, services, or related transport costs, repairs, or replacements, on such other basis as is specified in the regulations.
(7)
Without limiting the Acts Interpretation Act 1924, no Order in Council or regulation under this Act shall be invalid because it leaves any matter to the discretion of the Minister or the Corporation or any agent of the Corporation or because it authorises the Minister or the Corporation or any agent of the Corporation to give any consent or approval on or subject to conditions to be imposed or approved by the Minister or the Corporation or any agent of the Corporation.
Compare: 1982 No 181 s 120

From Personal Injury in NZ

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