Accident Compensation Act 2001

Dispute resolution - Reviews

135: How to apply for review

You could also call this:

"Learn how to ask ACC to look at your accident claim decision again"

If you want to ask for a review of a decision made about your accident compensation claim, you need to apply to the Accident Compensation Corporation (ACC). Here's how you do it:

You must write your application and give it to ACC. When you write your application, you should try to use the form that ACC provides for this purpose. In your application, you need to clearly say which decision or decisions you want reviewed. You also need to explain why you think the decision should be reviewed. If you know what outcome you want from the review, you should mention that too.

You usually have 3 months to apply for a review. This 3-month period starts from the date you received the decision, or from when ACC told you about the decision. If your review is about a claim for entitlement, you need to wait at least 21 days after making your claim before you can apply for a review.

If you miss the deadline, don't worry too much. ACC can still accept your application if you have a good reason for being late. For example, if you were too upset or hurt by your injury to think about your review rights, or if someone else was supposed to apply for you but didn't do it in time, or if ACC didn't tell you about the review process properly.

Remember, it's important to provide as much information as you can in your application to help ACC understand why you want a review.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101823.


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134: Who may apply for review, or

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


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135A: Time frame for lodging review application where alternative dispute resolution conducted about same matter, or

"When to ask for a review after trying to settle a dispute another way"

Part 5Dispute resolution
Reviews

135How to apply for review

  1. A review application is made by giving an application that complies with subsection (2) to the Corporation.

  2. The application must—

  3. be written:
    1. whenever practicable, be made on the form made available by the Corporation for the purpose:
      1. identify the decision or decisions in respect of which it is made:
        1. state the grounds on which it is made:
          1. if known by the applicant, state the relief sought:
            1. be made within 3 months of—
              1. the date on which the claimant has a decision under section 58; or
                1. the date on which the Corporation gives notice under section 64; or
                  1. in the case of a decision under the Code, the date on which the claimant is notified of the decision:
                  2. in the case of a review application relating to a claim for entitlement, not be made less than 21 days after the date the claim for entitlement is made.
                    1. Despite subsection (2)(f) and (g) and any time frame prescribed in regulations made under section 328A for the lodgement of a review application, the Corporation must accept a late application if satisfied that there are extenuating circumstances that affected the ability of the claimant to meet the time limits, such as—

                    2. where the claimant was so affected or traumatised by the personal injury giving rise to the review that he or she was unable to consider his or her review rights; or
                      1. where the claimant made reasonable arrangements to have the application made on his or her behalf by an agent of the claimant, and the agent unreasonably failed to ensure that the application was made within the required time; or
                        1. where the Corporation failed to notify the claimant of the obligations of persons making an application.
                          Notes
                          • Section 135(3): amended, on , by section 26 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).