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.
• Modify ACC's decision.
• Quash ACC's decision. The reviewer can either decide what happens next to resolve the dispute, or tell ACC to make a new decision according to their instructions.

If the reviewer decides ACC's original decision was incorrect in any way, the reviewer will also instruct ACC to contribute to the applicant's costs of attending the hearing (within limits).

If the reviewer decides ACC's original decision is correct, you may still receive a payment to help cover your costs, as long as the reviewer believes you have acted reasonably in applying for a review.

The reviewer must make a decision within 28 days of the review hearing being completed, and will provide it to you and the other parties in writing.

If there is no hearing, the decision will be made when:

• the parties decide to have the matter heard 'on the papers' and the scheduled exchange of evidence and written submissions has been completed, or
• when the applicant doesn't turn up at the hearing and doesn't give any reason, or
• when the applicant says they want to withdraw their application for review, but DRSL hasn't received written notice of withdrawal by a set date.

If it is necessary your ACC case manager will contact you to discuss what action, if any, will be taken. Once the reviewer has issued their decision, DRSL is no longer involved with the case.

The reviewer's decision is binding on all parties, and the reviewer cannot accept other information or evidence once the hearing is over. However, if you are unhappy with the decision, you can request an appeal.

Appealing a Decision

Disagreements about the decision
People who are unhappy with the review decision can appeal through the District Court. This must be done within 28 days of the review decision being issued. The District Court may accept late submissions, but only if there are special circumstances.

Who can appeal a review decision?
Any party directly affected by the review decision can appeal. This could be:

1. an ACC client
2. an employer disputing a work injury decision
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

What do I need to do to appeal the review decision?

1. 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, and 
   -   what result you would like from the appeal
2. Attach a copy of the review decision to the form.
3. Send your appeal to the District Court in Wellington
4. Send copies of your completed form to:
   -  the Appeals Clerk, ACC, PO Box 242, Wellington
   -  the reviewer who issued the review decision
   -  the ACC Review Unit, ACC, PO Box 242, Wellington (for claims and entitlements), or
   -  ACC Business Service Centre, PO Box 795, Wellington
   -  anyone else involved in the review

How long can I expect the appeal to take?
ACC does not decide when an appeal will be heard. This is up to the District Court. The District Court will contact you to let you know when and where your hearing will be. Usually this will be your nearest District Court. For more information about your local District Court, see www.courtsofnz.govt.nz.

What happens during the appeal?

Before the hearing
The Court will ask for a written submission from you and the other parties involved. In your written submission you need to say why you think the reviewer’s decision was wrong.

If you have new evidence or want to have witnesses speak on your behalf, you need the Court’s permission. Write to the Court before the hearing stating in your letter what the witnesses will say or what your new evidence is. The Court will tell you who to give copies of your letter to and when to do this.

Note:
The Court usually only considers evidence that was used during the original review.

At the hearing
The District Court Judge looks at the evidence presented and gives everyone a chance to explain their point of view. You (or your representative) have the ‘right of reply’ after others have spoken. You can find out more about this from the Court.

What happens next?
After the hearing the Judge gives a decision in writing. This may take some weeks.
If you disagree with the decision, you (or anyone involved) may be able to get permission from the District Court to appeal to the High Court. However, this only happens where a legal point is the issue.

Related information

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

• Part 5 Dispute Resolution, Appeals, Sections 149-163 
• Section 391 Review and appeal proceeding for decisions under former Acts

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