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Accident Compensation Act 2001

Miscellaneous provisions - Regulation-making powers

324: Regulations relating to rehabilitation

You could also call this:

“Rules for ACC payments and services to help people recover from injuries”

The Governor-General can make rules about rehabilitation with the Minister’s recommendation. These rules can say how much the Accident Compensation Corporation (ACC) will pay for rehabilitation and how they will pay it.

Before recommending any rules, the Minister must get advice from ACC and talk to people who might be affected by the new rules.

The rules can set different amounts ACC will pay for rehabilitation. They can also say when ACC won’t pay for some types of rehabilitation. The rules might say that only certain people can provide rehabilitation or refer someone to it.

The rules can be different for work injuries and other injuries. They can also be different based on what a person needs or where they live.

The Minister, working with the Finance Minister and Health Minister, can approve new items for rehabilitation for up to 6 months, even if they’re not in the official rules yet.

Any rules made about rehabilitation, including temporary approvals, are considered secondary legislation. This means they have to be published in a specific way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM103487.

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Part 9 Miscellaneous provisions
Regulation-making powers

324Regulations relating to rehabilitation

  1. For the purposes of Part 4 and Schedule 1, the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—

  2. prescribing the costs that the Corporation is liable to pay for the entitlement of rehabilitation:
    1. prescribing the circumstances in which, and the method by which, the Corporation must make any payment for rehabilitation:
      1. prescribing the circumstances in which, and the method by which, the Corporation may make arrangements, and make contributions, for rehabilitation:
        1. prescribing the persons to whom those payments may be made.

          1. The Minister must not make any recommendation under subsection (1) without first receiving a recommendation from the Corporation and consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter of the proposed regulations.

          2. Without limiting the matters that may be prescribed by regulations, regulations made under subsection (1) may—

          3. prescribe—
            1. a percentage, or different percentages, of the total costs to be paid by the Corporation; or
              1. a specified amount, or specified amounts, that the Corporation is liable to pay in respect of those costs in specified circumstances:
              2. provide that the Corporation is liable to make payments in respect of costs only to the extent that costs exceed amounts specified in the regulations:
                1. provide that the Corporation is liable to make payments in respect of rehabilitation only if a person who is a member of a class prescribed in the regulations—
                  1. provides rehabilitation; or
                    1. refers a claimant to rehabilitation; or
                      1. directly supervises the provision of rehabilitation:
                      2. provide that the Corporation—
                        1. must not pay any of the cost of specified rehabilitation; or
                          1. is liable to pay some or all of such costs only if conditions specified in the regulations or by the Corporation are met:
                          2. prescribe—
                            1. an amount that the claimant must or must not pay for rehabilitation that is treatment; or
                              1. a percentage that the claimant must or must not pay of the total amount payable for treatment.

                              2. Without limiting the matters that may be prescribed by regulations, regulations made under subsection (1) may contain different provisions in respect of—

                              3. payments relating to work-related personal injury and payments relating to other personal injury:
                                1. payments relating to claimants based on—
                                  1. the need of a claimant as assessed by the Corporation; or
                                    1. assessments conducted by or on behalf of any other relevant government agency; or
                                      1. both:
                                      2. payments to persons not resident in New Zealand at the time of receiving the payments.

                                        1. The Minister, in consultation with the Minister of Finance and the Minister of Health, may approve for a specified period no longer than 6 months any item that is recommended by the Corporation for inclusion in regulations under this section as if it were prescribed by regulations made under subsection (1).

                                        2. An approval under subsection (5)—

                                        3. must be given by notice; and
                                          1. has effect as if it were prescribed by regulations made under subsection (1); and
                                            1. lapses on the expiration of the period for which the approval is given.

                                              1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                                              2. regulations under subsection (1):
                                                1. a notice under subsection (5).

                                                  Notes
                                                  • Section 324(2): substituted, on , by section 28 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
                                                  • Section 324(3)(d)(i): amended, on , by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                                                  • Section 324(6)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 324(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).