Accident Compensation Act 2001

Dispute resolution - Reviews

148: Costs on review

You could also call this:

"Explaining how costs are handled when you ask ACC to review a decision"

When you ask for a review of a decision made by the Accident Compensation Corporation (ACC), here's what you need to know about the costs:

The ACC pays for all the costs of the person who conducts the review. This is called the reviewer.

The reviewer can decide to give you money to cover your costs and expenses in certain situations. If the reviewer agrees with you, even if it's only partly, they must give you money for your costs. If the reviewer doesn't agree with you, but thinks you had a good reason to ask for the review, they might still give you money for your costs.

Sometimes, the ACC might change their decision in your favour before the review happens. If this happens, the ACC must give you money for your costs, just like the reviewer would have.

The reviewer can also give money to other people involved in the review if the decision is in their favour.

There are special rules about how much money can be given for costs and expenses. These rules are written in regulations.

If the ACC is told to pay costs, they must do so within 28 days.

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Part 5Dispute resolution
Reviews

148Costs on review

  1. The Corporation is responsible for meeting all the costs incurred by a reviewer in conducting a review.

  2. Whether or not there is a hearing, the reviewer—

  3. must award the applicant costs and expenses, if the reviewer makes a review decision fully or partly in favour of the applicant:
    1. may award the applicant costs and expenses, if the reviewer does not make a review decision in favour of the applicant but considers that the applicant acted reasonably in applying for the review:
      1. may award any other person costs and expenses, if the reviewer makes a review decision in favour of the person.
        1. If a review application is made and the Corporation revises its decision fully or partly in favour of the applicant for review before a review is heard, whether before or after a reviewer is appointed and whether or not a review hearing has been scheduled, the Corporation must award costs and expenses on the same basis as a reviewer would under subsection (2)(a).

        2. The award of costs and expenses under this section must be in accordance with regulations made for the purpose.

        3. If any costs and expenses are awarded against the Corporation under this section, the Corporation is liable to pay them within 28 days of the decision to award them.