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The Decision and Appeals

The 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 are:

  • Dismiss the application for review. This means ACC's original decision stands. Costs may be awarded if the reviewer finds that the application acted reasonably in lodging the review application.
  • Modify ACC's decision. The reviewer can decide to modify the original decision or elements of the decision. If any costs have been requested, the reviewer will award them, consistent with the costs regulations.
  • Quash ACC's decision. The reviewer can either overturn ACC's decision, or tell ACC to make 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, DRSL is no longer involved with the case. However, if you disagree with the decision, in most cases you can request an appeal to the District Court.

Appealing a Decision

Disagreements about the decision
People who disagree with the review decision 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.

The parties who can appeal review decisions 
Any party directly affected by the review decision can appeal. This could be:

  1. an ACC client
  2. an employer disputing cover for a work injury
  3. 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)
  4. a levy payer regarding levy payable
  5.  ACC

How to appeal the review decision

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
- attach a copy of the review decision to the form.

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, please 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.
 

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

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