Accident Compensation Act 2001

Provisions relating to transition from competitive provision of workplace accident insurance - Savings in respect of accident insurance contracts and injuries to which contracts apply

342: Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act

You could also call this:

“Rules for old insurance contracts and injuries from 1999-2000”

This part of the law talks about how the older 1998 Act still applies in some cases, even though it’s been replaced. You need to know this if you got hurt between July 1, 1999 and June 30, 2000, or if you have an accident insurance contract from that time.

The 1998 Act still matters for three main things:

  1. If you have a personal injury that’s covered by an accident insurance contract
  2. For the accident insurance contracts themselves
  3. For what insurance companies need to do about work-related illnesses that develop over time, or injuries that happen later because of an earlier accident

The old law keeps working for injuries that happened during that one-year period we mentioned. It also tells you how to figure out what injuries are covered, how to make a claim, what help you can get, and what to do if there’s a disagreement about your claim.

If you have an accident insurance contract from that time, all the important parts of it still work. This includes both the things written in the contract and the things the 1998 Act says should be in there, even if they’re not written down.

Lastly, if there were any agreements about sharing risks between insurance companies, those agreements still work too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104132.


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Part 10 Provisions relating to transition from competitive provision of workplace accident insurance
Savings in respect of accident insurance contracts and injuries to which contracts apply

342Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act

  1. The 1998 Act continues to apply, despite its repeal and with any necessary modifications, for the purposes of this Part in respect of—

  2. any personal injury to which an accident insurance contract applies; and
    1. any accident insurance contract; and
      1. any obligations of an insurer in relation to work-related gradual process, disease, or infection, or to subsequent injuries.
        1. In particular, without limitation,—

        2. the 1998 Act continues to apply in respect of any personal injury suffered on or after 1 July 1999 and before 1 July 2000; and
          1. Parts 2 to 6, Part 12, and Schedules 1 to 4 of the 1998 Act continue to apply, with necessary modifications, to determine what personal injury is covered, how to make claims, what the entitlements are, and how to resolve disputes about claims; and
            1. all relevant and necessary terms of the accident insurance contract continue to have effect (whether those terms are express or are implied by the 1998 Act); and
              1. all relevant and necessary terms of any risk sharing agreement continue to have effect.