Decision and Appeals

Fair and efficient resolution of your ACC dispute

Once the hearing has closed, neither party may make any further submissions or comment, or seek to provide any additional evidence. 

After the review hearing has taken place, the reviewer will have 28 days within which to issue a written decision. That decision is legally binding on the parties.

There are five decisions that a reviewer may make, having considered all submissions and evidence before them. These are:

  1. to dismiss the application for review;
  2. to modify ACC’s decision;
  3. to quash ACC’s decision;
  4. to direct ACC to make a decision within a time frame specified by the reviewer where the application relates to a failure by ACC to make a decision in a timely manner (see section 145(3)(d) of the Accident Compensation Act 2001);
  5. to make the decision for ACC if it has not made a decision in a timely manner as contemplated by sections 54 and 134(1)(b) of the Act (see section 145(3)(e) of the Act).

If the reviewer quashes ACC’s decision, he or she must either substitute the reviewer’s decision for that of ACC or require ACC to make the decision again in accordance with directions given by the reviewer.

Once the decision has been issued to the parties, neither the reviewer nor ICRA are able to take any further steps in relation to the review.

If you disagree with the review decision, you may appeal to the District Court. This must be done within 28 days of the review decision being given to you.

At the time you receive the decision, you will be provided with information about your appeal rights to the District Court and how to appeal a review decision if you wish to do so.

Please note that an appeal may not be made to the District Court against a review decision on a decision by ACC on a complaint raised under the Code of ACC Claimants’ Rights.

 

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