Glossary
The Resolution Coordinator is the first point of contact for applicants. They make all the arrangements for review hearings and are involved throughout the review process.
The Reviewer is an expert in accident compensation law and other relevant legislation. Their role is to be independent and impartial in deciding whether ACC's decision was correct or not. They make this decision based on the evidence—they are not there to encourage or persuade the parties to reach a compromise or settlement.
Parties should not contact them directly—their key contact person at Dispute Resolution Services is the Resolution Coordinator.
The Mediator's role is to be an impartial third person in a dispute, to get the two parties talking. They act as ‘interpreter’, helping both sides to fully understand the problem, and to make sure that both sides understand the position of the other.
The Applicant
The Applicant is the person (or company) who received the original decision from ACC, and has then applied for a review. The review is usually submitted by that person (or company), but it can also be submitted by someone who is authorised to act on their behalf, such as a lawyer or an advocate.
In a review the main role of the applicant is to establish their claim—that is, persuade the Reviewer of the merits of their case.
This involves:
- responding to written instructions from the Resolution Coordinator.
- sending any written evidence (such as bills and doctors reports) to be included in the hearing to the ACC case manager, Dispute Resolution Services and other parties to the hearing—as long as possible before the hearing
- inviting experts to give evidence at the hearing, if desired
- attending the review hearing
- presenting evidence and submissions if required
- asking and answering questions as required.
The hearing is the formal meeting of all of the parties in the dispute, including the mediator or reviewer. Hearings are arranged by resolution co-ordinators, and are held on 'neutral ground' (not an ACC office).
A submission is all of the pieces of information that will be put to the Reviewer for them to make a decision about the case. All submissions should be prepared well before the review hearing, and may also be given to the other parties ahead of the review hearing, so everyone has a chance to consider them. Submissions can be delivered verbally at the hearing, or prepared in writing and presented at the hearing.
The Reviewer may ask parties to exchange written submissions before the review.
- Oral evidence must be relevant and the person giving it may be asked to take an 'oath' or 'affirmation' (a promise to tell the truth).
- Written evidence can be an affidavit or declaration, or be unsworn (such as a letter or note signed and dated by the writer, but not necessarily witnessed).
The applicant (or ACC) must write to the Reviewer and all other parties to let them know about the evidence well in advance of the hearing (and include copies of any documents). Any evidence presented for the first time at the hearing may lead to it being adjourned.
Witnesses
Witnesses can come to the hearing in support of a case. The witnesses must be available for cross-examination by other parties. A witness, nor any other person, can be forced to attend the hearing.
Experts
Any party can invite an expert (such as a doctor or technical expert) to provide evidence to the hearing. A written statement of this evidence should be sent to the Dispute Resolution Services office as early as possible before the hearing.
Observers
On rare occasions observers can attend hearings, but they can only stay if they have permission from all the parties. Everyone will be told who the observers are and why they are at the hearing. Observers can't participate in the proceedings and are not officially recorded as being there.
Interpreters
People can give evidence at the hearing through an interpreter, such as a language or sign language interpreter, if the Reviewer thinks it's necessary, or if one of the parties asks for one. DRSL will arrange to have an interpreter at the hearing.
People who want to use an interpreter should let Dispute Resolution Services and the other parties know as soon as possible before the hearing, to allow enough time for an interpreter to be arranged.
Legal representation and support people
Anyone can bring someone to the hearing to speak on their behalf, such as a solicitor, a union representative, a family member, or a friend. Support people are also welcomed, such as family and whanau.
If you are planning to engage a legal adviser, it's important to do so as soon as possible after applying for the review, to avoid potential delays.
Withdraw from a review means stopping the review process. An applicant can withdraw from a review any time before the hearing without having to provide a reason why.
To withdraw from a review, contact your Resolution Coordinator and your ACC Case Manager. You will need to withdraw in writing to the Resolution Co-ordinator and to ACC.