Accident Compensation Act 2001

Entitlements and related matters - General provisions

127: Payment of weekly compensation and lump sum compensation to claimant outside New Zealand

You could also call this:

“Getting compensation payments when you're hurt and outside New Zealand”

If you get hurt outside of New Zealand, you can only get weekly payments if you were earning money before you got hurt, either while you were away or within 6 months before you left New Zealand.

You can’t get weekly payments if you’re outside New Zealand and you were working here illegally according to the Immigration Act 2009.

Before you can get any weekly payments or lump sum payments while you’re outside New Zealand, someone approved by the Corporation needs to check your condition.

If you need to be checked to see if you can get payments while you’re outside New Zealand, the Corporation doesn’t have to pay for any costs you have overseas or for you to come back to New Zealand for the check.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101806.


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Part 4 Entitlements and related matters
General provisions

127Payment of weekly compensation and lump sum compensation to claimant outside New Zealand

  1. The Corporation must not pay weekly compensation to a claimant who suffered personal injury outside New Zealand for which he or she has cover, and who is not for the time being in New Zealand, unless he or she—

  2. had earnings while absent from New Zealand before suffering the personal injury; or
    1. had earnings within the period of 6 months immediately before leaving New Zealand.
      1. The Corporation must not pay weekly compensation to a claimant outside New Zealand if his or her entitlement to it is based on earnings in employment in New Zealand that, under the Immigration Act 2009, he or she was not lawfully entitled to undertake.

      2. The Corporation must not pay any weekly compensation or lump sum compensation to a claimant outside New Zealand unless his or her condition has been assessed for the purposes of this Act by a person approved for the purpose by the Corporation.

      3. If weekly compensation or lump sum compensation is payable outside New Zealand and the claimant's right to receive the compensation is to be assessed, the Corporation is not required to meet—

      4. any costs incurred by the claimant overseas; or
        1. any costs relating to the return of the claimant to New Zealand for assessment.
          Notes
          • Section 127(1): amended, on , by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
          • Section 127(2): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
          • Section 127(2): amended, on , by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
          • Section 127(3): amended, on , by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
          • Section 127(4): amended, on , by section 60(7) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).