Home > Dealing with disputes > ACC Disputes & Reviews > How a review works

How a review works

An ACC review is a legal process where both sides meet with an independent an unbiased reviewer. The reviewer considers all of the information that has been provided and makes a decision. This includes upholding the original ACC decision, modifying the original decision, or overturning it, and can also include 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.

Any decision made by the reviewer is binding. People who disagree with the review decision can make an appeal by applying to the District Court, where applicable, within 28 days of the review decision.

Mediation may also be an option for resolving the dispute.

The review process step-by-step

The resolution coordinator will arrange a reviewer for your case, and the date, time and venue for the hearing. They will contact you by phone, fax or email, with a follow-up letter to confirm all the details.

ACC will provide a 'schedule of documents' - the information is used to make its decision (usually your case file) and provide copies of those documents to DRSL.

A review hearing will take place. There are a variety of places where hearings can be held, including marae, in locations around the country. You can find out more about hearings here.

Review process

STEP 1
A review application is lodged with ACC
You can apply for a review if you are:

  • A client (or representative) with an ACC decision on a claim
  • An employer challenging cover for a work inquiry
  • A client (or representative) who believes there has been an unreasonable delay by ACC in making a decision
  • A levy payer disagreeing with the levy paid or payable
  • A registered health professional or organisation disputing involvement in an inquiry caused by medical error (for decisions relating to claims lodged with ACC prior to 1 July 2005).

STEP 2
ACC acknowledges the application and sends the claim file to DRSL.
Once you have applied for a review, you can expect a response from ACC within a month - please contact ACC if you have not heard from them by then.

STEP 3
DRSL contacts the parties when it receives the file.

STEP 4
A DRSL resolution coordinator arranges the date, time, venue and other details of a hearing. This may be done by phone, fax or email, or with a letter of confirmation.
DRSL must make arrangements for a hearing date within three months of the review application, but the hearing may not necessarily occur within three months. The review hearing itself will happen on whatever date that all parties with, or if they cannot agree, the reviewer will set a date.

STEP 5
ACC gives copies of the documents that were used to make the decision about the claim (often the claimant's file) to everyone involved.

STEP 6
If necessary, a case conference is held to address particular matters before the hearing. Case conferences are discussed in more detail here.

STEP 7
The hearing takes place. Or, if the parties agree, a decision is made without a hearing.
In that case, the reviewer bases their decision on the written information provided by the parties. This is called a decision made "on the papers".

STEP 8
The reviewer makes a decision within 28 days of the close of the hearing.

STEP 9
DRSL sends copies of the decision to all parties, and if applicable, will include information about the right of appeal to the District Court.
Appeal rights are discussed in more detail here.

How long does it take?

DRSL must make the arrangements for a hearing date within three months of the review application, but the hearing may not necessarily occur within three months. The review hearing itself will happen on whatever date that all parties agree with, or if they cannot agree, the reviewer will set a date.

Hearings are usually scheduled in one-hour time blocks - some only take a few minutes while others take much longer. It is important to allow plenty of time for delays on the day of the hearing.

Who can apply for a review?

You can apply for a review if you are:

  • A client (or representative) with an ACC decision on a claim
  • An employer challenging cover for a work injury
  • A client (or representative) who believes there has been an unreasonable delay by ACC in making a decision
  • A levy payer disagreeing with the levy paid or payable
  • A registered health professional or organisation disputing involvement in an injury caused by medical error (for decisions relating to claims lodged with ACC prior to 1 July 2005).

Can a review hearing be adjourned?

Yes. If the review hearing is adjourned, that means it will be delayed. If anyone cannot come to a hearing on the scheduled date, they need to let DRSL know in writing before that date to explain why and ask for the hearing to be delayed.

You should clearly explain:

  • why you cannot attend the hearing (for example, because of a family bereavement or illness); and
  • the earliest date you are available for a new hearing.

The reviewer will then consider the request and whether any of the other parties either agree or disagree with the delay. The hearing can only be delayed - 'adjourned' - by the reviewer. If the hearing is adjourned, DRSL will send a letter to all parties explaining why. In most cases, a new hearing date will be provided.

It's important to note that not all requests to adjourn a review hearing are granted, and everyone should be prepared to go ahead with the hearing on the scheduled date. If the parties cannot agree to a hearing date and time, the reviewer will choose a new date and time.

Please note that adjouring the review hearing before it has started is different from adjouring a review hearing that has already started. If the review hearing has already started and is adjourned by the reviewer, that is called a "part-herd" adjournment and is discussed here.

Withdrawing from the review

An applicant can withdraw from a review any time before the hearing without having to give a reason why. To withdraw from a review, please write to your ACC case manager or DRSL resolution coordinator to let them know. A phone call beforehand is also a good idea.

What happens at a hearing

Hearings are usually quite informal. Each reviewer decides on their own way to conduct the hearing, although they must always;

  • Act independently;
  • Act promptly; and
  • Comply with legislation.

Hearings usually go ahead in this order:

  • The reviewer welcomes everyone and explains the process;
  • The reviewer establishes what the review is about;
  • All parties and their representatives are given a chance to speak in turn, as directed by the reviewer. As discussed earlier, people who are giving evidence may need to take an 'oath' or 'affirmation' (a promise to tell the truth);
  • The reviewer can ask questions of the parties or witnessess at any time, and will direct when the parties may ask questions of each other. The reviewer may also say that questions should be asked through them;
  • The reviewer will ask about costs; and
  • The reviewer either closes the hearing or adjourns it, keeping it open. If the hearing is adjourned, then additional instructions will be given. This is called adjourning the review hearing "part-heard".

Frequently asked questions

Who can attend the review hearing?

Legal representatives and support people

Any party can bring someone to the hearing to speak on their behalf. This can be anyone that they authorise to speak to them, such as a solicitor, professional advocate, union representative, family member, or a friend. If you are planning to use a lawyer or professional advocate, it is important to hire them as early as possible after applying for the review, to avoid potential delays. This will also give legal representatives as much time as possible to prepare for the hearing.

You can also bring along a support person, such as someone from your family/whanau. Please let the reviewer and other parties know at least 14 days before the hearing date if you plan to have a support person with you, including the name of the support person.

Witnesses

Both parties can bring witnesses to the hearing to support their case. Witnesses must be ready to be asked questions by the other parties. As discussed earlier, if you would like to have a witness or witnesses give evidence, please let the reviewer and other parties know at least 14 days before the hearing date. The names of the witnesses will need to be provided as well as details about what the witnesses' evidence will be.

Experts

Both parties can ask experts (such as a doctor or technical expert) to provide evidence at the hearing. A written statement of this evidence should be sent to DRSL as early as possible before the hearing, but at least 14 days before the hearing.

Observers

On rare occassions observers can attend hearings (usually for training purposes), but they can only stay if all of the parties giver permission. Everyone will be told who the observers are and why they are at the hearing. Observers cannot participate in the proceedings and are not offically recorded as being there.

Note: Unlike appeals to the District Court, review hearings are private. Neither the public nor the news media are entitled to be present.

Is it recorded?

Yes. Reviewers are required under ACC legislation to keep an accurate record of the evidence given at the hearing. For this reason, most hearings are recorded on a digital audio recorder. The hearing recordings are kept for two years for appeal purposes.

Providing evidence and submissions

Submissions

All parties should prepare their submissions (arguments) well beforehand. The party or the party's representative can read out or give spoken submissions, or they can be written and then presented at the hearing. To allow the parties and the reviewer adequate time to prepare, please provide written submissions at least three working days before the hearing.

Evidence

All parties to the review can present evidence (both written and oral, such as with a witness) at the hearing. Parties providing additional evidence should make the evidence available to all parties to the review and to DRSL as soon as it becomes available so that everyone has adequate time to prepare. Where possible, this means that written evidence should be provided at least 14 days before the hearing.

  • any person giving oral evidence may be asked to take an 'oath' or 'affirmation' (promise to tell the truth);
  • written evidence can be affidavit or declaration - which is a written and signed statement that has been witnessed by a solicitor or a Justice of the Peace - or be unsworn, such as a letter or note signed and dated by the writer, but not necessarily witnessed; and
  • written evidence may include specialist assessments, doctors' reports, other medical opinions, costs information, and other documents which help establish the applicant's case.

If evidence or written submissions are presented for the first time at the actual review hearing, it may lead to the hearing being adjourned part-heard.

Hearings by phone

Case conferences, and the hearing itself, may take place by telephone, where all or any of the participants attend over the telephone. The reviewer makes the final decision about whether this will happen. Anyone can ask to attend a hearing via telephone by making a written request, with reasons, at least 10 working days before the hearing.

Disruptive behaviour

Disruptive behaviour is not tolerated. Everyone at the hearing is expected to be courteous and follow the reviewer's instructions. This includes not interrupting when someone else is speaking, and behaving appropriately.

If someone behaves inappropriately, the reviewer can:

  • ask them to leave the room;
  • adjourn the hearing briefly it time permits, to allow the person time to regain their composure; and
  • end the hearing and make their decision on the material that is already available. A security guard may also be present at the hearing.

Failure to appear

If someone does not turn up at the hearing and does not have a reasonable excuse, the reviewer can make their decision anyway. If any of the parties say in advance that they do not intend to come to the hearing, the reviewer will make a decision in their absence.

If you planned to attend the hearing, but cannot, for example, because of illness or an emergency:

  • Get in touch with DRSL before the hearing to let them know that you cannot attend, or
  • Get someone to go to the hearing for you and ask the reviewer to reschedule.

Note: If the reviewer decides the hearing date cannot be rescheduled, or in the reviewer's opinion should not be adjourned, the process will continue without you.

Information and privacy issues

Everyone involved in the hearing is entitled to see all the information the reviewer used to make their decision. However, this information is confidential and can't be used for anything else outside the review. If the hearing involves a work-related injury, relevant information from the applicant's file may be shown to their employer (or to previous employers if they could be affected by the decision).

What does it cost?

Applicants do not pay a fee to DRSL 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. The specific amounts of money that can be awarded, and the types of costs covered, are set out in the Reviewer Costs and Appeals Regulations 2002 (as amended).

A reviewer can awards costs for legal representation, medical reports, transport costs and other reasonable expenses associated with a hearing.

For example:

  • under current costs regulations, applicants may be awarded up to a maximum of approximately $935 for a specialist medical report;
  • if an applicant hires a lawyer or advocate, the applicant may be reimbursed up to a maximum of approximately $350 for the time the lawyer or advocate spent preparing for the review; and
  • if an applicant has to travel by car to attend the hearing, the applicant can be reimbursed $.29 per kilometer, up to a maximum amount of approximately $153.

If you want specific information about costs please check with your representative, get in touch with DRSL, or visit legislation.govt.nz website. A list of helpful websites, including one for the current costs regulations, is found at the end of this information.