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New Zealand law explained for everyone

Accident Compensation Act 2001

Dispute resolution - Preliminary provision

133: Effect of review or appeal on decisions

You could also call this:

"What happens to ACC decisions when you ask for a review or appeal"

When the Accident Compensation Corporation (ACC) makes a decision about your claim, it stays in effect even if you ask for a review or start any other process about the decision. This means the decision keeps working while you're trying to change it.

If you've had a review and gotten a decision from that, it also stays in effect. This is true even if you file an appeal or start any other process about the review decision. However, if everyone involved in the review agrees to change the decision to help you (the person making the claim), then the original review decision stops being in effect.

The court has special powers when it comes to appeals. These powers can affect what happens to a review decision.

If you have a claim under this law and you have the right to ask for a review or appeal, you can't go to other places like courts, the Employment Relations Authority, or the Disputes Tribunal to deal with the same issue. This is because the Accident Compensation Act is meant to handle these matters.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101818.

Topics:
Health and wellbeing > Healthcare servicesCrime and justice > Courts and legal help
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132: Adjustment of payments for part periods, or

"ACC can change your weekly payment if you stop getting it during a week"

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134: Who may apply for review, or

"People who can ask ACC to double-check their decisions"

Part 5Dispute resolution
Preliminary provision

133Effect of review or appeal on decisions

  1. A decision by the Corporation on a claim continues to be of full effect even though—

  2. an applicant has made a review application relating to the decision; or
    1. any other proceeding relating to the decision has been commenced.

      1. A review decision continues to be of full effect, unless subsection (3) applies, even though—

      2. an appellant has filed a notice of appeal relating to the review decision; or
        1. any other proceeding relating to the review decision has been commenced.

          1. A review decision ceases to be of full effect if all the parties to the review agree to a variation of it for the benefit of the claimant.

          2. A review decision is subject to section 161 (the court's powers to determine an appeal).

          3. If a person has a claim under this Act, and has a right of review or appeal in relation to that claim, no court, Employment Relations Authority, Disputes Tribunal, or other body may consider or grant remedies in relation to that matter if it is covered by this Act, unless this Act otherwise provides.