1Transitional provision relating to risk adjustment of Work Account levies (Repealed)

2Transitional provision relating to Accredited Employers Programme (Repealed)

3Interpretation

1. In this Part, 2019 Act means the Accident Compensation Amendment Act 2019.

4Retrospective application of amended section 17(4)

1. Section 17(4) (as amended by the 2019 Act) applies between 1 July 1999 and the commencement of this clause as if it were in force during that time.

5Certain claimants may elect rules of former scheme

1. This clause applies on and after the commencement of section 10 of the 2019 Act.

2. In this clause, former provisions means clauses 52(6) to (9) and 53 of Schedule 1 as they read immediately before the commencement of section 10 of the 2019 Act.

3. This clause applies to a claimant who first became entitled to weekly compensation—

4. under the former provisions; and
5. while the claimant was 64 years of age or older but not yet 65 years of age.

6. The claimant may make an election under clause 52(8) of the former provisions in accordance with clause 53 of the former provisions, and, if the claimant does so, the former provisions continue to apply to the claimant.

6Certain other dependants may elect rules of former scheme

1. This clause applies on and after the commencement of section 10 of the 2019 Act.

2. In this clause, former provisions means clauses 72(6) to (9) and 73 of Schedule 1 as they read immediately before the commencement of section 10 of the 2019 Act.

3. This clause applies to any other dependant who first became entitled to weekly compensation—

4. under the former provisions; and
5. while the other dependant was 64 years of age or older but not yet 65 years of age.

6. The other dependant may make an election under clause 72(8) of the former provisions in accordance with clause 73 of the former provisions, and, if the other dependant does so, the former provisions continue to apply to the other dependant.

7Completion of matters-in-process by Accident Compensation Appeal Authority

1. In this clause, matter-in-process means a matter before the Accident Compensation Appeal Authority immediately before the commencement of this clause and includes—

2. an appeal that had been lodged with the Authority but not finally determined by it; and
3. an application to the Authority for leave to appeal to the High Court, including any made under—
   1. section 168 of the Accident Compensation Act 1972; or
   2. section 111 of the Accident Compensation Act 1982.

4. The Authority must complete any matter-in-process.

5. For the limited purpose of completing all matters-in-process, the Authority is deemed to continue, and the Authority’s powers and capacities continue in effect for that purpose.

6. A member of the Authority is entitled to be paid reasonable remuneration, fees, or salary for the member’s work in completing a matter-in-process, and any related allowances and expenses.

7. The Ministry of Justice must continue to provide support services to the Authority to the extent that those services are required to complete the matters-in-process.

8Interpretation

1. In this Part, amendment Act means the Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022.

9Assessment of vocational independence

1. An assessment of a claimant’s vocational independence that has been commenced, but not determined, before the commencement of this clause must, on or after that commencement, be considered and determined as if sections 10 and 17(1) of the amendment Act had not been enacted.

10Claims for personal injury including hearing loss that have been lodged but not decided

1. This clause applies if, before the commencement of this clause,—

2. a person has suffered a personal injury that includes any degree of hearing loss caused by a personal injury described in section 20(2); and
3. the person has lodged a claim with the Corporation under section 48 in respect of the personal injury; and
4. the Corporation has not made a decision on the claim.

5. On or after the commencement of this clause, the Corporation must make a decision on the claim as if section 8 of the amendment Act had not been enacted.

11Claims for personal injury caused by work-related gradual process, disease, or infection that have been lodged but not decided

1. This clause applies if, before the commencement of this clause,—

2. a person has suffered a personal injury caused by work-related gradual process, disease, or infection described in section 30; and
3. the person has lodged a claim with the Corporation under section 48 in respect of the personal injury; and
4. the Corporation has not made a decision on the claim.

5. On or after the commencement of this clause, the Corporation must make a decision on the claim as if section 9 of the amendment Act had not been enacted.

12Interpretation

1. In this Part,—

   2023 amendment Act means the Accident Compensation (Access Reporting and Other Matters) Amendment Act 2023

   annual scheme access report means a report prepared by the Corporation under section 278B.

13First annual scheme access report

1. The Corporation must, before preparing the first annual scheme access report, consult with such organisations and people as the Corporation considers appropriate about the methods that it proposes to use in preparing that report, including the methods the Corporation proposes to use to identify—

2. the levels of access to the accident compensation scheme by Māori and identified population groups the Corporation proposes to report on in the first annual scheme access report; and
3. disparities in access to the accident compensation scheme that affect Māori or any identified population group.

4. The Corporation must provide the first annual scheme access report to the Minister as soon as practicable after 30 June 2024.

5. Section 278B(2)(c) and (d) does not apply to the first annual scheme access report and subclauses (4) and (5) apply instead.

6. The first annual scheme access report must also—

7. state that Māori will be reported on in all subsequent annual scheme access reports; and
8. describe the identified population groups that the Corporation proposes to report on, in addition to Māori, in the second and third annual scheme access reports; and
9. describe the methods that the Corporation proposes to use in preparing the second and third annual scheme access reports.

10. The description of the methods referred to in subclause (4)(c) must include,—

11. in the cases of the second and third annual scheme access reports, a description of how the Corporation, when preparing those reports, proposes to engage with Māori and the identified population groups that the Corporation proposes to report on in those reports:
12. in the case of the second annual scheme access report, a description of the methods the Corporation proposes to use to identify any barriers that affect access to the accident compensation scheme by Māori and the identified population groups that the Corporation proposes to report on in that report:
13. in the case of the third annual scheme access report, a description of the methods the Corporation proposes to use to identify the causes of, or factors contributing to, those disparities and barriers.

14Second annual scheme access report

1. Section 278B(2)(d) does not apply to the second annual scheme access report.

15Minimum weekly earnings of earners in full-time employment

1. The amendments set out in section 9 of the 2023 amendment Act apply only in respect of claimants—

2. whose entitlement to weekly compensation arose on or after the date on which section 9 commences; or
3. who were receiving weekly compensation before the date on which section 9 commences and remain entitled to receive weekly compensation on or after that date.

16Interpretation

1. In this Part,—

   2024 Act means the Accident Compensation (Interest on Instalment Plans) Amendment Act 2024

   instalment interest has the meaning set out in clause 18(1).

17Rates of interest payable on levies collected by instalments

1. Until regulations made under section 329(1)(hb) come into force, the following interest rates apply for the purposes of section 234(1A) (as inserted by the 2024 Act):

2. 0% on the total amount of levy collected over a 3-month instalment period:
3. 0% on the total amount of levy collected over a 6-month instalment period:
4. 2.73% on the total amount of levy collected over a 10-month instalment period.

18Validation of interest charged on levies collected by instalments

1. This clause applies to interest that was charged or purportedly charged by the Corporation on any levy collected by instalments (whether as a fee or as part of a fee under section 234 or otherwise) before the commencement of the 2024 Act (instalment interest).

2. The instalment interest, and all actions of the Corporation in fixing the rate of instalment interest and charging the instalment interest, are valid and declared to be and to have always been lawful.

3. Money received by the Corporation in payment of instalment interest, whether received before or after the commencement of the 2024 Act, is to be treated as having been lawfully paid to, received by, and applied by the Corporation as if it were part of the levy.