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New Zealand law explained for everyone

Accident Compensation Act 2001

Dispute resolution - Appeals

149: Who may appeal against review decision

You could also call this:

"You can ask a judge to check if a decision about your ACC claim was fair"

You can appeal to the District Court if you don't agree with a review decision. This applies to you if you're a claimant, which means someone who has asked for help from ACC. The ACC (Accident Compensation Corporation) can also appeal if they don't agree with a review decision.

If you're a claimant or ACC, you can appeal about the decision itself or about how much money was given for costs and expenses. But remember, you can't appeal if the decision was about a complaint you made under the Code.

If you're an employer, you can appeal if a review decides that an injury happened at work. Other people who were allowed to be at the review hearing can also appeal this kind of decision.

Anyone affected by a decision about costs and expenses can appeal that decision.

All of these appeals go to the District Court. This is where a judge will look at the decision again and decide if it was right or not.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101842.

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Part 5Dispute resolution
Appeals

149Who may appeal against review decision

  1. A claimant may appeal to the District Court against—

  2. a review decision; or
    1. a decision as to an award of costs and expenses under section 148.

      1. The Corporation may appeal to the District Court against—

      2. a review decision; or
        1. a decision as to an award of costs and expenses under section 148.

          1. However, neither a claimant nor the Corporation may appeal to the District Court against a review decision on a decision by the Corporation under the Code on a complaint by the claimant.

          2. The employer may appeal to the District Court against a review decision that an injury is a work-related personal injury.

          3. Repealed

          4. A person who had a right to be present and to be heard at a hearing because of section 142(d) may appeal to the District Court against a review decision that an injury is a work-related personal injury.

          5. Any affected person may appeal to the District Court against a decision on the award of costs and expenses under section 148.

          Notes
          • Section 149(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 149(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 149(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 149(5): repealed, on , by section 29 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
          • Section 149(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 149(7): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).