325Regulations relating to ancillary services for rehabilitation

1. For the purposes of clauses 3 and 11 of 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 or contribute to in respect of 1 or more ancillary services that facilitate rehabilitation provided by the Corporation in New Zealand:
3. prescribing the circumstances in which, and the method by which, the Corporation is liable for any payment for 1 or more ancillary services to rehabilitation:
4. prescribing the circumstances in which, and the method by which, the Corporation may make arrangements, and make contributions, for 1 or more ancillary services to rehabilitation:
5. prescribing the conditions that must be met, and the matters that must be taken into account:
6. prescribing the persons to whom those payments may be made.

7. Regulations made under subsection (1) may also prescribe the costs and payments that the Corporation is liable to pay or contribute to in relation to the transport, by ambulance, of the body of a person who has died at the scene of an accident (in which case subsection (1) applies with all necessary modifications).

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

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

10. prescribe the circumstances in which the Corporation is liable to pay or contribute to the costs of 1 or more ancillary services that facilitate rehabilitation, examples of which are that the service—
    1. is necessary and appropriate:
    2. is or will be provided by a person who is an appropriate provider of the particular ancillary service:
    3. has been or will be provided only on the number of occasions necessary for that purpose:
    4. has been agreed in an individual rehabilitation plan, if a plan has been agreed:
    5. is provided after the Corporation has agreed to the rehabilitation and after the Corporation has agreed to the ancillary service in respect of the rehabilitation, unless clause 4(2) of Schedule 1 applies:
11. prescribe the matters that must be taken into account when the Corporation is deciding whether and to what extent ancillary services that facilitate rehabilitation should be provided, including such matters as—
    1. the nature and severity of the injury:
    2. the rehabilitation outcome that will be achieved:
    3. the claimaint's assessed need for the ancillary service:
    4. the other options available to meet the need:
    5. the cost of the service and of the other options, compared with the benefit that the claimant is likely to receive from the ancillary service:
    6. the responsibilities of the person in relation to their own rehabilitation:
    7. the geographic location in which the person lives:
12. provide that the Corporation is to make payments only if specified service thresholds have been exceeded.

13. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

• Section 325(1A): inserted, on 5 December 2013, by section 6 of the Accident Compensation Amendment Act (No 2) 2013 (2013 No 105).
• Section 325(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).