At the review hearing

Hearings are usually held online using Zoom or are sometimes arranged in person. They are usually about an hour long.

You can find the time, date and venue details in your correpondence from Fair Way.

Attending online via Zoom – We recommend logging into the meeting early to test your sound and camera, making sure everything is working. Fair Way’s reviewer begins the online meeting at the time planned and leads the review hearing.

Attending in person – Fair Way’s reviewer meets you at the venue and leads the review hearing. We recommend allowing extra time to get to the venue in case of any traffic or parking delays.

Hearings are usually quite informal. We do our very best to make the process as easy and comfortable as possible for you.

Typically, the hearing process might include:

• a welcome and introduction by the Fair Way reviewer
• each person has a turn to speak, to share their perspective and discuss evidence
• the reviewer asks questions of you and of the ACC representative
• an opportunity to talk about costs – such as what ACC might pay to cover your costs as part of the review.

All ACC review hearings are recorded and kept for at least two years.

The reviewer makes a decision and shares a written copy of their reasons for coming to that decision within 28 days of the hearing. This decision is legally binding on all parties, although both you and ACC can appeal to the District Court.  

The reviewer can decide to:

• Dismiss the application for review – This means the reviewer finds that ACC's original decision was correct and the decision stands.
• Quash and substitute the decision – This means the reviewer finds that some or all parts of ACC’s original decision was incorrect. The original decision is overturned and replaced by the reviewer’s new decision on your case.
• Quash and direct further investigation – The reviewer may decide that further investigations are required in your case, so directs ACC to look at the matter again.

If the reviewer considers you have acted reasonably in applying for your review – regardless of the review outcome – they may award costs to repay expenses incurred as part of your review application. The reviewer considers awarding or declining costs following the cost regulations.

If you disagree with the review decision, you can appeal to the District Court within 28 days of the decision being issued. The District Court may accept late appeals, but only if there are special circumstances, such as incapacity or inability to lodge the appeal due to medical reasons.

More information on the ACC appeal process is available on the Ministry of Justice website, or contact us with any questions on 0800 77 44 14 or acc@fairwayresolution.com.