ACC Reviews: Decisions and Appeals
Your reviewer will make a decision within 28 days of the close of the hearing.
Even if ACC’s decision is upheld, the reviewer may still award costs.
This decision is legally binding on all parties.
If you do not agree with the reviewer’s decision you will need to appeal the case in the District Court.
You have had the hearing. Now what happens?
The reviewer must make a written decision within 28 days of closing the review hearing. The reviewer's decision is legally binding on all parties. The reviewer cannot accept other information or evidence once the hearing is closed.
There are three formal decisions a reviewer can make:
- Dismiss the application for review. This means ACC's original decision stands. Costs may be awarded if the reviewer finds the applicant acted reasonably in applying for the review.
- Modify ACC's decision, or parts of the decision. If any costs have been requested by the applicant, the reviewer will award them in line with the costs regulations.
- Overturn (quash) ACC's decision. The reviewer can overturn ACC's decision or tell ACC to make a new decision according to the reviewer's instructions. If costs have been requested, the reviewer will award or decline them, consistent with the costs regulations.
Once the reviewer has issued their decision, Fair Way Resolution is no longer involved with the case.
Appealing the reviewer’s decision
If you disagree with the review decision, you can generally appeal to the District Court. This must be done within 28 days of the review decision being issued. The District Court may accept late appeals, but only if there are special circumstances.
You will need to complete a Notice of Appeal form available from the District Court. When completing the form, include:
- what part of the review decision you disagree with;
- why you think the review decision is wrong;
- what result you would like from the appeal; and
- a copy of the review decision to the form.
Send your appeal to:
ACC Appeals District Court Registry
Private Bag 32-001
For more information on the ACC appeal process, see the Ministry of Justice website on the ACC appeal process.
Review decisions about decisions issued by the Office of the Complaints Investigator on Code of ACC Claimants' Rights issues cannot be appealed.
Who can appeal?
Any party directly affected by the review decision can appeal. This could be:
- an ACC client
- an employer disputing cover for a work injury
- a registered health professional or organisation disputing their involvement in an injury caused by medical error (but only for decisions relating to claims lodged with ACC prior to 1 July 2005 when the treatment injury provisions became effective)
- a person who pays ACC levies
Where can you get more information?
The Injury Prevention, Rehabilitation, and Compensation (IPRC) Act 2001, and specifically;
- Part 5 Dispute Resolution, Appeals, Sections 149-163
- Section 391 Review and appeal proceeding for decisions under former Acts