About ACC disputes and reviews
ACC Reviews brochure
FairWay has a brochure regarding ACC reviews.
FairWay handles disputes people have with ACC. We also do independent reviews of ACC cases.
If you don't agree with a decision ACC has made about your case, we can help you resolve your dispute either through mediation or facilitation, or we can do a review of your case.
This section outlines the options available to you, how they work and what you need to do if you want to take steps toward resolving your dispute with ACC.
Do you have a dispute with ACC?
ACC provides accident cover for all New Zealand citizens, residents and temporary visitors to New Zealand. In return, people cannot sue for personal injury other than for exemplary damages.
If you are injured and a request is made for ACC to cover the costs of your treatment, you will be allocated a case file. If during the course of your case you feel ACC has made a decision that you don't agree with, you can ask us to mediate or facilitate a discussion between you and ACC to achieve an outcome. Or you can apply for a review, which will then be forwarded to FairWay.
If you have a problem with your case, see the ACC website.
What are your options?
If you don't agree with a decision ACC has made about your case, we can help you resolve your dispute through:
- a review
We may also be able to help resolve issues before ACC has made a decision about your case. Contact us to talk to a resolution coordinator about your options.
What is an ACC review?
An ACC review is a legal process where both sides meet with an independent and unbiased reviewer. The reviewer considers all of the information that has been provided and makes a decision. The reviewer may uphold (or agree) the original ACC decision, modify the original decision, or overturn it. The reviewer can also make decisions about costs and payments. Any party may choose to have a lawyer or advocate represent them during a review, but representation is not compulsory. Some reviews can be complex and parties may benefit from representation.
The reviewer's decision is binding. People who disagree with the reviewer's decision can make an appeal by applying to the District Court, where applicable, within 28 days of the review decision.
How do I apply for a review?
If you want an ACC decision reviewed, you need to apply for a review with ACC, which will then be forwarded to FairWay.
You must apply to ACC for a review within three months of the date its decision. In special circumstances, ACC can extend this time, but you should not rely on this.
Applicants do not pay a fee to FairWay to handle their reviews. However, applicants need to cover their own expenses related to preparing for and attending the review. Some costs may be reimbursed, if the reviewer awards costs to the applicant.
If you have applied for, or are in the process of a review you can still make a complaint to ACC at any stage about the management of your claim.
Where can I get advice?
The information on this site covers all areas of the ACC review process, and while it is thorough, you may also want to contact and appropriately qualified professional such as a lawyer or professional advocate for detailed advice about your specific case. Citizens Advice Bureau and Community Law Centres can be a good place to start.