My ACC claim was declined — how do I appeal in NZ?

If ACC declines your claim or makes a decision you disagree with, you have the right to challenge it. There is a formal three-stage process.

Stage 1: Request a review (s134 ACA 2001)

• You have 2 months from the decision date to lodge a review application
• Submit your request in writing to ACC
• A review hearing takes place before a Reviewer (independent of ACC)
• Free to use, and you can bring a support person or representative
• The Reviewer can confirm, modify, or overturn ACC's decision

Stage 2: Appeal to the District Court

• If you're unhappy with the review outcome, you can appeal to the District Court
• Must be lodged within 28 days of the review decision
• Legal costs apply (you may be eligible for legal aid)

Stage 3: Further appeals

• Court of Appeal and Supreme Court for questions of law

Common reasons ACC declines claims:

• Injury not covered (e.g. gradual process injuries vs. accidents)
• Pre-existing conditions disputed
• Injury said to have no personal injury by accident

Covered injuries: ACC covers personal injury caused by accident in NZ, including work accidents, medical misadventure, and criminal acts. Mental injury is covered in specific circumstances (e.g. following a physical injury or criminal act).

Source: Accident Compensation Act 2001, s134 — View on legislation.govt.nz