Accident Compensation Act 2001

Code of ACC Claimants' Rights, and claims - Decisions on cover and entitlements

65: Corporation may revise decisions

You could also call this:

“ACC can fix mistakes in its decisions”

The Accident Compensation Corporation (ACC) can change decisions it has made if it thinks it made a mistake. This can happen at any time and for any reason.

ACC can also change decisions about cover for a claim, even if the decision was automatic. However, ACC can’t take back money it has already paid unless you gave them information that wasn’t true on purpose.

When ACC changes a decision, it can either change part of the original decision or completely replace it with a new one. Any change or new decision is treated as a brand new decision.

There are some rules in another law called the Crown Entities Act that don’t stop ACC from being able to change its decisions in this way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM100996.


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Part 3 Code of ACC Claimants' Rights, and claims
Decisions on cover and entitlements

65Corporation may revise decisions

  1. If the Corporation considers it made a decision in error, it may revise the decision at any time, whatever the reason for the error.

  2. The Corporation may revise a decision deemed by section 58 to have been made in respect of any claim for cover, but may not recover from the claimant any payments made by it, in respect of the claim, before the date of the revision unless the claimant has made statements or provided information to the Corporation that are, in the opinion of the Corporation, intentionally misleading.

  3. A revision may—

  4. amend the original decision; or
    1. revoke the original decision and substitute a new decision.
      1. Every amendment to a decision, and every substituted decision, is a fresh decision.

      2. Sections 19 to 23 of the Crown Entities Act 2004 do not limit this section.

      Notes
      • Section 65(5): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).