6Interpretation

1. In this Act, unless the context otherwise requires,—

   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,—

   1. means a business, industry, profession, trade, undertaking of an employer, a self-employed person, or a private domestic worker; and
   2. includes ancillary or subservient functions relating to the activity, such as administration, management, marketing and distribution, technical support, maintenance, and product development; and
   3. 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

   acute treatment has the meaning set out in section 7

   Board means the Board of the Corporation

   child, in relation to a deceased claimant,—

   1. means his or her natural child; and
   2. includes his or her adopted child; and
   3. includes any other child who would ordinarily be regarded as his or her child because the deceased claimant—
      1. was the spouse or partner of one of the child's parents; and
      2. acted as a parent of the child; but
   4. does not include an other dependant of the claimant

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

   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

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

   Code—

   1. means the Code of ACC Claimants' Rights approved under section 44; and
   2. 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

   Consumers Price Index means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

   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 the second column of section 7(1)(c) of the Crown Entities Act 2004

   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:

   1. a decision whether or not a claimant has cover:
   2. 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):
   3. a decision whether or not the Corporation will provide any entitlements to a claimant:
   4. a decision about which entitlements the Corporation will provide to a claimant:
   5. a decision about the level of any entitlements to be provided:
   6. a decision relating to the levy payable by a particular levy payer:
   7. a decision made under the Code about a claimant's complaint

   earner—

   1. means a natural person who engages in employment, whether or not as an employee; and
   2. includes a person to whom clause 43, 44, or 44A of Schedule 1 applies

   Earners' Account means the Account described in section 218

   earnings means—

   1. earnings as an employee:
   2. earnings as a self-employed person:
   3. 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,—

   1. 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
   2. any salary, wages, or other income to which section RD 3B or RD 3C of the Income Tax Act 2007 applies

   employer—

   1. 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,—
      1. 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
      2. any salary, wages, or other income to which section RD 3B or RD 3C of the Income Tax Act 2007 applies; but
   2. 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

   employment—

   1. means work engaged in or carried out for the purposes of pecuniary gain or profit; and
   2. 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—

   1. starting,—
      1. 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
      2. in any other case, on the day on which an incapacity resulting from a personal injury first commences; and
   2. 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—

   1. 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
   2. as a representative or officer or employee of the Government of any country other than New Zealand; or
   3. 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
   4. 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—

   1. an average of at least 30 hours per week; or
   2. 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

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

   health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015

   Health New Zealand or other provider means Health New Zealand established by section 11 of the Pae Ora (Healthy Futures) Act 2022 or another person who is a provider as defined by section 4 of that Act

   health practitioner—

   1. 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
   2. 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

   identified population group means a population group identified by the Corporation as appropriate for the purposes of a report under section 278B

   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,—

   1. for the purposes of determining incapacity, means incapacity determined under section 103 or section 105, as the case may require; and
   2. includes absence from employment in order to get treatment for personal injury covered by this Act, if the treatment—
      1. is necessary for the injury; and
      2. is treatment of a type that the claimant is entitled to under Part 1 of Schedule 1

   individual rehabilitation plan—

   1. 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
   2. includes an individual rehabilitation programme or individual rehabilitation plan entered into under a former Act

   medical practitioner means a medical practitioner of a type defined in regulations made under this Act

   mental injury has the meaning set out in section 27

   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

   moped has the meaning given to it in section 2(1) of the Land Transport Act 1998

   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 injury has the meaning set out in sections 29 and 35

   motorcycle has the meaning given to it in section 2(1) of the Land Transport Act 1998

   Motorcycle Safety levy means the levy payable under section 214(3)

   New Zealand has the meaning set out in section 16

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

   1. 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):
   2. for any other person, means the age specified in section 7 of the New Zealand Superannuation and Retirement Income Act 2001,—

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

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

   nurse practitioner has the meaning given to it in regulations made under this Act

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

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

   1. because of his or her physical or mental condition, he or she is financially dependent on the deceased claimant:
   2. 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:
   3. he or she is not the deceased claimant's spouse or partner:
   4. he or she is not a child of the deceased claimant under 18 years

   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—

   1. 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
   2. 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
   3. 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)

   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 covered by any former Act means—

   1. personal injury covered by the Accident Insurance Act 1998:
   2. personal injury covered by the Accident Rehabilitation and Compensation Insurance Act 1992:
   3. personal injury by accident covered by the Accident Compensation Act 1982 or the Accident Compensation Act 1972

   pharmaceutical means—

   1. 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
   2. a controlled drug as defined in the Misuse of Drugs Act 1975

   place of education—

   1. means—
      1. a composite school or a secondary school as defined by section 10(1) of the Education and Training Act 2020 or a private school registered under section 214 of that Act; and
      2. an institution as defined by section 10(1) of that Act; and
      3. a registered establishment as defined by section 10(1) of that Act; and
   2. includes any other prescribed place of education

   place of employment means any premises or place—

   1. occupied for the purposes of employment; or
   2. to which a person has access because of his or her employment; or
   3. 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

   potential earner means a claimant who either—

   1. suffered personal injury before turning 18 years; or
   2. 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:

   1. the nature and consequences of the injury:
   2. the achievement of rehabilitation outcomes:
   3. costs:
   4. cost effectiveness:
   5. the availability of other forms of rehabilitation:
   6. 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

   private domestic worker means a person—

   1. who is employed by any other person where—
      1. the employer is the occupier or one of the occupiers of a dwellinghouse or other premises used exclusively for residential purposes; and
      2. 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
      3. the employment is not in relation to any business carried on by the employer or to any occupation or calling of the employer; and
      4. the employment is not regular full-time employment; and
   2. to whom section RD 4 of the Income Tax Act 2007 (obligation to make own tax deductions) applies

   public health acute services means services (as defined in regulations made under section 322(2)) that are purchased through the Minister of Health and provided by a publicly funded provider

   registered health professional means a registered health professional of a type defined in regulations made under this Act

   Registrar, in relation to an appeal to the District Court under Part 5, means a Registrar of a specified registry; and includes a Deputy Registrar of a specified registry

   rehabilitation—

   1. means a process of active change and support with the goal of restoring, to the extent provided under section 70, a claimant's health, independence, and participation; and
   2. comprises treatment, social rehabilitation, and vocational rehabilitation

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

   scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

   self-employed person means a natural person who has earnings as a self-employed person

   shareholder-employee means a natural person who is a shareholder in, and an employee of, a close company

   specified maximum, in relation to earnings, means the relevant prescribed maximum amount of earnings on which a levy is payable by or in respect of any person

   specified registry, in relation to an appeal under Part 5, means a registry of the District Court that is for the time being specified in regulations made under this Act for the purposes of sending or filing notices of appeal

   spouse has the meaning set out in section 18(1) to (3); and, in relation to a deceased claimant, has the meaning set out in section 18(4) to (6)

   suffers is affected in its interpretation by—

   1. section 36 and clause 55 of Schedule 1, when it is used in relation to mental injury:
   2. section 37 and clause 55 of Schedule 1, when it is used in relation to personal injury caused by a work-related gradual process, disease, or infection:
   3. section 38 and clause 55 of Schedule 1, when it is used in relation to treatment injury or personal injury caused by medical misadventure

   tax year, in relation to any person, has the same meaning as in section YA 1 of the Income Tax Act 2007 for the purposes of furnishing a return of income under the Tax Administration Act 1994

   trade plate has the same meaning as in section 233(1) of the Land Transport Act 1998

   treatment includes—

   1. physical rehabilitation:
   2. cognitive rehabilitation:
   3. an examination for the purpose of providing a certificate including the provision of the certificate

   treatment injury has the meaning set out in section 32

   Treatment Injury Account means the Account described in section 228

   treatment provider means a treatment provider of a type defined in regulations made under this Act

   vocational independence, in relation to a claimant, means the claimant's capacity, as determined under section 107, to engage in work—

   1. for which he or she is suited by reason of experience, education, or training, or any combination of those things; and
   2. for 30 hours or more a week

   weekly compensation means compensation for loss of earnings, or loss of potential earning capacity, and compensation for the spouse or partner, child, or other dependant of a deceased claimant, that is payable by the Corporation—

   1. under any of clauses 32, 47, 66, 70, and 71 of Schedule 1; or
   2. under sections 131, 210, 224, Part 10, or Part 11

   weekly earnings, in relation to an earner, means the weekly earnings of that earner determined in accordance with Part 2 of Schedule 1

   Work Account means the Account described in section 167

   work-related personal injury has the meaning set out in sections 28 and 29(1)

   WorkSafe means WorkSafe New Zealand established by section 5 of the WorkSafe New Zealand Act 2013.

2. An example used in this Act is only illustrative of the provision it relates to. It does not limit the provision.