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Specific Legislation for Sensitive Claimants

There are a few areas of the Legislation that are specific to Sensitive Claimants (and mental injury claimants in some instances.) 

   21Cover for mental injury caused by certain criminal acts

  • (1)A person has cover for a personal injury that is a mental injury if—

    • (a)he or she suffers the mental injury inside or outside New Zealand on or after 1 April 2002; and

    • (b)the mental injury is caused by an act performed by another person; and

    • (c)the act is of a kind described in subsection (2).

    (2)Subsection (1)(c) applies to an act that—

    • (a)is performed on, with, or in relation to the person; and

    • (b)is performed—

      • (i)in New Zealand; or

      • (ii)outside New Zealand on, with, or in relation to a person who is ordinarily resident in New Zealand when the act is performed; and

    • (c)is within the description of an offence listed in Schedule 3.

    (3)For the purposes of this section, it is irrelevant whether or not the person is ordinarily resident in New Zealand on the date on which he or she suffers the mental injury.

    (4)Section 36 describes how the date referred to in subsection (3) is determined.

    (5)For the purposes of this section, it is irrelevant that—

    • (a)no person can be, or has been, charged with or convicted of the offence; or

    • (b)the alleged offender is incapable of forming criminal intent.


27Mental injury 
Mental injury means a clinically significant behavioural, cognitive, or psychological dysfunction.

This section describes the test applied to determine whether the mental injury being claimed meets the criteria for cover. 

36  Date on which person is to be regarded as suffering mental injury

  • (1)The date on which a person suffers mental injury in the circumstances described in section 21 or 21B is the date on which the person first receives treatment for that mental injury as that mental injury.

    (2)The date on which a person suffers mental injury because of physical injuries suffered by the person is the date on which the physical injuries are suffered.

    (3)In subsection (1), treatment means treatment of a type that the person is entitled to under this Act or a former Act.

    (4)This section does not apply for the purposes of clause 55 of Schedule 1.


This section describes when a person is regarded as suffering their personal injury. This is very important for those requiring weekly compensation. If you presented with your injury prior to becoming employed then you wont get weekly compensation even if your mental injury knocks you out of employment you may be in later on in life. 

Schedule 3
Cover for mental injury caused by certain acts dealt with in Crimes Act 1961

s 21(2)

Section 
128B(1)Sexual violation
129(1)Attempted sexual violation
129(2)Assault with intent to commit sexual violation
129A(1)Inducing sexual connection by threat
129A(2)Inducing indecent act by threat
130Incest
131(1)Sexual connection with dependent family member
131(2)Attempted sexual connection with dependent family member
131(3)Indecent act with dependent family member
132(1)Sexual connection with child under 12
132(2)Attempted sexual connection with child under 12
132(3)Indecent act on child under 12
134(1)Sexual connection with young person under 16
134(2)Attempted sexual connection with young person under 16
134(3)Indecent act on young person under 16
135Indecent assault
138(1)Exploitative sexual connection with person with significant impairment
138(2)Attempted exploitative sexual connection with person with significant impairment
138(4)Exploitative indecent act with person with significant impairment
142ACompelling indecent act with animal
194Assault on a child, or by a male on a female. For the purposes of this schedule, section 194 of the Crimes Act 1961 must be regarded as relating only to situations where a female sexually assaults a child under 14 years old.
201Infecting with disease
204AFemale genital mutilation
204BFurther offences relating to female genital mutilation

Schedule 3 lists the offences under the crimes act which are accepted for cover in the event of mental injury.