Accident Compensation Act 2001

Cover - Principles

20: Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)

You could also call this:

“ACC covers most injuries in New Zealand, but not all mental injuries”

When you get hurt in New Zealand on or after 1 April 2002, you might be covered by accident compensation. This applies to different types of injuries, like those caused by accidents, medical treatments, or work-related issues.

You’re covered if your injury happened in New Zealand and it’s one of the types listed in section 26(1)(a) or (b) or (c) or (e). The injury also needs to fit into one of these categories:

  • It was caused by an accident
  • It happened because of medical treatment
  • It’s related to medical treatment in certain situations described in section 32(7)
  • It happened because of treatment you got for another injury that was already covered
  • It’s a work-related injury that developed over time
  • It’s an injury from medical treatment that developed over time
  • It’s an injury that developed over time because of another injury you were covered for
  • It’s an injury that developed over time because of treatment for another injury you were covered for
  • It’s a heart or brain problem caused by medical treatment
  • It’s a heart or brain problem that’s covered under section 28(3)

There are some exceptions to this coverage. Section 23 and section 24 explain when some people might not be covered.

If you have a mental injury described in section 21, you’re covered under that section instead of this one.

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Part 2 Cover
Principles

20Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)

  1. A person has cover for a personal injury if—

  2. he or she suffers the personal injury in New Zealand on or after 1 April 2002; and
    1. the personal injury is any of the kinds of injuries described in section 26(1)(a) or (b) or (c) or (e); and
      1. the personal injury is described in any of the paragraphs in subsection (2).
        1. Subsection (1)(c) applies to—

        2. personal injury caused by an accident to the person:
          1. personal injury that is treatment injury suffered by the person:
            1. treatment injury in circumstances described in section 32(7):
              1. personal injury that is a consequence of treatment given to the person for another personal injury for which the person has cover:
                1. personal injury caused by a work-related gradual process, disease, or infection suffered by the person:
                  1. personal injury caused by a gradual process, disease, or infection that is treatment injury suffered by the person:
                    1. personal injury caused by a gradual process, disease, or infection consequential on personal injury suffered by the person for which the person has cover:
                      1. personal injury caused by a gradual process, disease, or infection consequential on treatment given to the person for personal injury for which the person has cover:
                        1. personal injury that is a cardiovascular or cerebrovascular episode that is treatment injury suffered by the person:
                          1. personal injury that is a cardiovascular or cerebrovascular episode that is personal injury suffered by the person to which section 28(3) applies.
                            1. Subsections (1) and (2) are subject to the following qualifications:

                            2. section 23 denies cover to some persons otherwise potentially within the scope of subsection (1):
                              1. section 24 denies cover to some persons otherwise potentially within the scope of subsections (1) and (2)(e).
                                1. A person who suffers personal injury that is mental injury in circumstances described in section 21 has cover under section 21, but not under this section.

                                Notes
                                • Section 20 heading: amended, on , by section 5(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
                                • Section 20(2)(b): substituted, on , by section 7(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                                • Section 20(2)(c): substituted, on , by section 7(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                                • Section 20(2)(d): substituted, on , by section 7(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                                • Section 20(2)(f): substituted, on , by section 7(4) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                                • Section 20(2)(i): substituted, on , by section 7(5) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                                • Section 20(3)(b): amended, on , by section 5(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
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