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Accident Compensation Act 2001

Transitional provisions relating to entitlements provided by Corporation (but not under Part 10) - Review and appeals

391: Review and appeal proceedings for decisions under former Acts

You could also call this:

"How to review or appeal old accident compensation decisions"

If you had an accident before 2001, the rules for reviewing or appealing decisions about your accident compensation might be different from the current rules. Here's how it works:

For very old decisions made under laws from 1972 or 1982, you can still use the old review and appeal process. But now, if you start a new appeal, you need to go to the District Court instead of a special authority. The court will try to follow the same steps as newer appeals.

If you asked for a review or filed an appeal about a decision before July 1999, you use the rules from a 1992 law.

For decisions you questioned between July 1999 and April 2002, you follow the rules from a 1998 law. There's a small exception to this rule that was added in 2003.

For any other decisions the Accident Compensation Corporation makes under this part of the law, you use the current review and appeal process in Part 5 of the Accident Compensation Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104522.

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"ACC can fix mistakes in its past decisions"

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392: Allocation of existing funds, or

"Moving money from old accounts to new accounts"

Part 11Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
Review and appeals

391Review and appeal proceedings for decisions under former Acts

  1. Part 9 of the Accident Compensation Act 1982 continues in force in order to apply to any decision made by the Corporation—

  2. under the Accident Compensation Act 1972 or the Accident Compensation Act 1982; or
    1. under either of those Acts, as applied by section 453 of the Accident Insurance Act 1998 or as applied by this Act.

      1. Subsection (1) is subject to the following qualifications:

      2. any appeal to which subsection (1) applies that is commenced on or after the date on which this subsection comes into force must be made to the District Court and not to the Accident Compensation Appeal Authority; and
        1. to the extent practicable, the procedure for such an appeal is to be the same as the procedure for appeals under Part 5.

          1. Part 6 of the Accident Rehabilitation and Compensation Insurance Act 1992 continues in force in order to apply to an application for a review or an appeal about a decision made by the Corporation, if—

          2. the application was made or the appeal was filed before 1 July 1999; and
            1. subsection (1) does not apply.

              1. Part 6 of the Accident Insurance Act 1998 continues in force in order to apply to an application for review or an appeal about a decision made by the Corporation, if—

              2. the application was made or the appeal was filed before 1 April 2002; and
                1. subsections (1) and (2) do not apply.

                  1. Subsection (3) is subject to section 4(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003.

                  2. Part 5 applies to any decision made by the Corporation under this Part, except a decision referred to in subsection (1), subsection (2), or subsection (3).

                  Notes
                  • Section 391(1A): inserted, on , by section 7 of the Accident Compensation Amendment Act 2019 (2019 No 10).
                  • Section 391(3A): inserted, on , by section 4(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).