22 February 2021
Anthony Jordan
[FYI request #14522 email]
Tēnā koe Anthony
Your Official Information Act request, reference: GOV-008666
Thank you for your email of 25 January 2021, asking for the following information under the Official
Information Act 1982 (the Act):
1.
Please supply PDF or similar where the Law requires the ACC to Compensate for an Injury caused
during a Il egal activity/conduct (excluding excess breath alcohol injuries).
2.
Please provide information that guides the ACC to Compensate Il egal immigrants or death
related accidents to spouse of an Il egal immigrant.
Cover and entitlements for clients injured while committing a crime
The ACC Scheme provides support for al people in New Zealand on a ‘no-fault’ basis for injuries caused
by an accident. Although, the Accident Compensation Act 2001 (the AC Act) contains some
disentitlement provisions that require ACC not to provide certain entitlements (including financial
compensation) to clients under certain circumstances. This includes cases where a person was injured in
the course of committing a serious crime.
The disentitlement provisions are sections 118 to 122A of the AC Act, which can be viewed a
t this link.
As this information is publicly available we are refusing this part of your request under section 18(d) of
the Act.
Compensation for injured people from overseas
The ACC Scheme covers everyone in New Zealand who has suffered a personal injury in New Zealand.
This includes visitors to New Zealand, regardless of their immigration or employment status. Noting this,
the AC Act guides ACC’s decisions on entitlements for all claims. Whether someone is eligible to
particular entitlements, such as weekly compensation, wil depend on the individual circumstances.
For fatal injury claims, our Accidental Death Support Policy guides decisions on providing entitlements to
dependents of the deceased. Please find this attached. We have withheld the name of an ACC staff
member from this document to protect their privacy under section 9(2)(a) of the Act. We considered the
public interest in this information and are of the view it does not outweigh the interests being
protected.
Questions about this response
If you have any questions, you can email me at
[email address].
GOV-008666
If you are not happy with this response, you have the right to make a complaint to the Ombudsman.
Information about how to do this is available at
www.ombudsman.parliament.nz or by phoning 0800
802 602.
Nāku iti noa, nā
Sasha Wood
Manager Official Information Act Services
Government Engagement & Support
Accident Compensation Corporation
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