ACC review decisions and appeals

What happens when the reviewer makes a decision?

After the hearing, the reviewer makes a decision about your case. The reviewer decides whether the original ACC decision was right, wrong, or needs to be changed. They may also decide on costs that can be awarded, and make decisions about any payments you may or may not be entitled to.

The three formal decision types

  1. Dismiss the application for review. This means ACC's original decision stands. Costs may be awarded if the reviewer finds that the applicant acted reasonably in lodging the review application.
  2. Modify ACC's decision. The reviewer can decide to modify ACC's original 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.
  3. Overturn ACC's decision. The reviewer can either overturn ACC's decision or tell ACC to amke a new decision according to the reviewer's instructions. If any costs have been requested, the reviewer will award them, consistent with the costs regulations.

The reviewer must make a decision within 28 days of closing the review hearing, and will provide it to you and the other parties in writing. The reviewer's decision is binding on all parties, and the reviewer cannot accept other information or evidence once the hearing is closed.

Once the reviewer has issued their decision, FairWay Resolution is no longer involved with the case.

What happens if you disagree with the reviewer's decision?

If you disagree with the review decision, you can appeal to the District Court in most cases. 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.

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How do you make an appeal?

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.

Then send your appeal to:

ACC Appeals District Court Registry
Tribunals Unit
Private Bag 32-001
Wellington 6146

For more information on the ACC appeal process, see the Ministry of Justice website on the ACC appeal process.

Please note that review decisions about decisions issued by the Office of the Complaints Investigator on Code of ACC Claimants' Rights issues cannot be appealed.

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Who can appeal the reviewer's decision?

Any party directly affected by teh 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
  • ACC

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Relevant Legislation

Injury Prevention, Rehabilitation, and Compensation (IPRC) Act 2001, and specifically;

Some useful websites

Ministry of Justice - www.justice.govt.nz
Courts of New Zealand - www.courtsofnz.govt.nz 

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