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Accident Compensation Act 2001

Cover - Key terms relating to cover

26: Personal injury

You could also call this:

"What counts as getting hurt or injured under the law"

Personal injury means when someone dies or gets hurt physically or mentally. It can include things like strains, sprains, or mental injuries caused by physical injuries. It also includes mental injuries in certain situations described in section 21 and work-related mental injuries described in section 21B. If you damage your dentures or prostheses (except from normal wear and tear), that's also considered a personal injury.

If you lose 5% or more of your hearing because of a personal injury described in section 20(2), that's included too. But hearing loss from other causes, like getting older or other reasons, isn't considered a personal injury.

Personal injury doesn't include injuries that happen slowly over time, or diseases, unless they're described in section 20(2)(e) to (h). It also doesn't include heart attacks or strokes unless they're described in section 20(2)(i) or (j).

You should know that personal injury doesn't include injuries caused by getting older or natural wear on your teeth or dentures. Also, hearing aids, glasses, and contact lenses aren't considered prostheses for this definition.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM100910.

Topics:
Health and wellbeing > Healthcare servicesWork and jobs > Workplace safety
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"Checking if the rules for helping people with accidents are working well"

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27: Mental injury, or

"Mental health problems that doctors think are serious"

Part 2Cover
Key terms relating to cover

26Personal injury

  1. Personal injury means—

  2. the death of a person; or
    1. physical injuries suffered by a person, including, for example, a strain or a sprain; or
      1. mental injury suffered by a person because of physical injuries suffered by the person; or
        1. mental injury suffered by a person in the circumstances described in section 21; or
          1. work-related mental injury that is suffered by a person in the circumstances described in section 21B; or
            1. damage (other than wear and tear) to dentures or prostheses that replace a part of the human body.

              1. Personal injury includes any degree of hearing loss that is 5% or more of binaural hearing loss caused by a personal injury described in section 20(2).

              2. Personal injury does not include any degree of hearing loss caused by—

              3. a personal injury other than a personal injury described in section 20(2); or
                1. the ageing process; or
                  1. any other factors.

                    1. Personal injury does not include personal injury caused wholly or substantially by a gradual process, disease, or infection unless it is personal injury of a kind described in section 20(2)(e) to (h).

                    2. Personal injury does not include a cardiovascular or cerebrovascular episode unless it is personal injury of a kind described in section 20(2)(i) or (j).

                    3. Personal injury does not include—

                    4. personal injury caused wholly or substantially by the ageing process; or
                      1. personal injury to teeth or dentures caused by the natural use of those teeth or dentures.

                        1. For the purposes of subsection (1)(e) and to avoid doubt, prostheses does not include hearing aids, spectacles, or contact lenses.

                        Notes
                        • Section 26(1)(da): inserted, on , by section 8 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
                        • Section 26(1A): inserted, on , by section 8 of the Accident Compensation Amendment Act 2010 (2010 No 1).
                        • Section 26(1A): amended, on , by section 8 of the Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 (2022 No 51).
                        • Section 26(1B): inserted, on , by section 8 of the Accident Compensation Amendment Act 2010 (2010 No 1).