Preparing for a Review
Gather and submit evidence and specialist reports.
Organise your witnesses.
Make a submission in support of your case.
Note your hearing date and venue details.
Let us know of any changes.
Good preparation is essential
What you need to prepare for a hearing
You do not have to attend the hearing, but it is recommended. Alternatively, you can give evidence in writing, or arrange for someone else to present it for you.
Before the hearing, both you and ACC will need to provide your evidence to the reviewer and all other parties. You can provide your evidence to us by email.
You need to be clear about why you lodged the review application, the documents and people you will need to help support your case and provide any relevant medical evidence.
You may also be asked to provide additional specialist reports.
Organising your witnesses
If you need witnesses to give evidence, please let the reviewer and other parties know at least 14 days before the hearing. You should provide the witness names and the evidence they will be providing. Make sure your witnesses know where and how to attend the hearing.
Making a submission
You can also make a submission, or argument, to support your review application. Written submissions must be received by parties at least five working days before the hearing. You can read out or give spoken submissions, or they can be written and then presented at the hearing.
Our online submission builder guides you through the process of preparing a submission.
Decide who will be at the hearing with you. Anyone who is directly involved can attend the hearing, including:
- your reviewer
- you and/or your legal representative
- a support person
- a representative from ACC
- your employer and/or their representative (for work injuries)
- witnesses or experts
- an observer from FairWay, if all parties agree.
Please be aware that review hearings are not open to the public.
Withdrawing from your review
You can decide to withdraw from the review at any time, and you do not have to give either ACC or us a reason for the withdrawal. You must inform us in writing by sending us a letter or completing ACC’s withdrawal form. If your hearing is within three weeks, please also let us know by telephone.
If you wish to apply for reimbursement of your costs, you need to let us know.
Hearing date delays
You or any other party can request an adjournment of a scheduled review hearing (delay) in writing. Not all requests to adjourn a review hearing are granted, and you should be prepared to go ahead with the hearing on the scheduled date.
Only a reviewer can grant an adjournment.
If you want to delay your hearing, you should clearly explain in writing:
- why you cannot attend the hearing (for example, because of a family bereavement or illness); and
- the earliest date you are available for a new hearing.
If the hearing is adjourned, FairWay Resolution Limited will send a letter to all parties. In most cases, the letter will also include a new hearing date.
Māori and Pacific Islander Support
We acknowledge Māori as tangata whenua. We offer hearing options for Māori applicants that respect and recognise the value of Kaupapa Māori, such as:
- conducting the hearing in te reo Māori;
- holding the hearing on a marae, subject to certain requirements;
- acknowledging Māori tikanga (protocol) and providing access to assistance from local Pae Ārahi as part of conducting the hearing; and
- arranging to have the hearing conducted by a specially appointed reviewer versed in Māori protocol.
FairWay recognises the special relationship of Pasifika peoples to New Zealand. Your options might include:
- conducting the hearing in the relevant leo Pasifika (Pacific language);
- allowing family and elder support;
- holding the fono (hearing) at an appropriate community venue, subject to certain requirements; and
- arranging to have the hearing conducted by a specially appointed reviewer versed in Pasifika protocol.
Applicants with special requirements (such as English as a second language, religious requirements, lack of mobility, and vision or hearing problems) should let their Resolution Coordinator know their requirements as soon as possible, so the coordinator can try to make arrangements to help.