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New Zealand law explained for everyone

Accident Compensation Act 2001

Cover - Principles

21: Cover for mental injury caused by certain criminal acts

You could also call this:

"Help for mental harm from certain crimes"

You can get help for a mental injury caused by certain criminal acts. This applies if you suffer a mental injury on or after 1 April 2002, either inside or outside New Zealand. The mental injury must be caused by someone else doing something to you that is listed as an offence in Schedule 3 of the law.

The act that caused your mental injury must have been done to you, with you, or in relation to you. It must have happened in New Zealand, or if it happened outside New Zealand, you must have been living in New Zealand when it happened.

It doesn't matter where you usually live when you suffer the mental injury. Section 36 of the law explains how to figure out when you suffered the mental injury.

You can still get help even if no one has been charged or convicted of the offence. You can also get help if the person who did it couldn't understand that what they were doing was wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM100693.

Topics:
Crime and justice > Victim supportHealth and wellbeing > Mental health
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20: Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts or work-related mental injury), or

"ACC covers most injuries in New Zealand, but not all mental injuries"

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21A: Cover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain criminal acts, or

"Help for mental injuries from crimes before July 1992"

Part 2Cover
Principles

21Cover for mental injury caused by certain criminal acts

  1. A person has cover for a personal injury that is a mental injury if—

  2. he or she suffers the mental injury inside or outside New Zealand on or after 1 April 2002; and
    1. the mental injury is caused by an act performed by another person; and
      1. the act is of a kind described in subsection (2).

        1. Subsection (1)(c) applies to an act that—

        2. is performed on, with, or in relation to the person; and
          1. is performed—
            1. in New Zealand; or
              1. outside New Zealand on, with, or in relation to a person who is ordinarily resident in New Zealand when the act is performed; and
              2. is within the description of an offence listed in Schedule 3.

                1. For the purposes of this section, it is irrelevant whether or not the person is ordinarily resident in New Zealand on the date on which he or she suffers the mental injury.

                2. Section 36 describes how the date referred to in subsection (3) is determined.

                3. For the purposes of this section, it is irrelevant that—

                4. no person can be, or has been, charged with or convicted of the offence; or
                  1. the alleged offender is incapable of forming criminal intent.