John Miller Law - Dispute Process


	Dispute Process

	TRIBUNAL REVIEW The first step in challenging a written ACC decision is a Tribunal review or hearing conducted by Dispute Resolution Services Limited (DRSL). A review application must be sent to DRSL within 3 months of receipt of the ACC written decision letter. If you miss the deadline then a late application will be permitted only in certain extenuating circumstances. It is advisable to involve us in lodging the application as we are able to fastrack the Tribunal process. We have the review forms here and can do this for you.

	DRSL must then attempt to set the hearing down within 3 months. However, as long as the attempt is made, the parties can still agree to hold the hearing outside the 3-month period. Often at least this period is needed for the research and securing of medical opinion. It is important to source as much evidence as you can now as the Tribunal is the last place you can present evidence as of right. Leave (or permission) is required to present new evidence at District Court level.

	The Tribunal hearing is then held either at DRSL offices in Auckland, Wellington, and Christchurch, or at various conference facilities outside these venues. If you have a representative like us then you are not required to attend, although sometimes your absence may be seen as detrimental to your case. The hearing is before a Reviewer and conducted sitting around a conference table in a fairly informal manner. Both sides are given a turn to present their case but only you are allowed a final right of reply.

	The Reviewer very rarely gives a decision on the spot but is required to issue a written decision within 28 days. Following this, either side has a right of appeal to the next stage of the District Court.

	DISTRICT COURT APPEAL Any appeal to the District Court must be made within 28 days of receiving the DRSL decision. Again, it is advisable to involve us in lodging the appeal as we have the correct forms here and can do this for you. This lodging action costs nothing in itself and the appeal may be withdrawn at any time.

	The process for a District Court appeal is obviously more formal being held at the local Court. However, the basic aspects are repeated in that each side may seek time to present new evidence before the appeal is heard. The District Court is the last opportunity to present any factual evidence in the Court system. The appeal is before a single Judge experienced in ACC matters. It is held in a separate courtroom away from the main public area so it is very rare to see anyone else attending. If you have a representative like us then you are not required to attend unless you wish to do so. Again, both sides are given a turn to present their case but only you are allowed a final right of reply. The Judge never gives a decision on the spot and may take months to issue their written decision. Following this, either side may appeal to the High Court. However, appeals to the High Court are rare and the vast majority of ACC cases never go further than the District Court.

	HIGH COURT APPEAL Any appeal to the High Court must be made within 21 days of receiving the District Court decision. Again, it is advisable to involve us in lodging the appeal as we have the correct forms here and can do this for you. This lodging action costs nothing in itself and the appeal may be withdrawn at any time. However, you are not automatically granted a right of appeal to the High Court. Leave or permission must first be sought from the District Court in a preliminary hearing. This will only be granted for valid questions of law, eg where the Judge has applied the statute provisions incorrectly. You are also not able to introduce new evidence at the High Court stage or even ask the Court to reexamine the present evidence as this is a question of fact.

	Both sides present written submissions to the District Court arguing whether leave to the High Court should be granted. The District Court will then issue a decision. If you succeed in getting leave, you will then be required to front up with some administrative costs to the High Court before the main appeal can proceed. These include around $400 for the lodging of the main appeal, $1000 setting down fee, and up to $3500 security for the other parties’ costs if you lose. However, the security fee can sometimes be waived for those on Legal Aid.

	The process for a High Court appeal is very similar to that in the District Court. If you have a representative like us then you are not required to attend unless you wish to do so. Again, both sides are given a turn to present their case but only you are allowed a final right of reply. The Judge never gives a decision on the spot and may take months to issue their written decision. Remember that costs may well be awarded against you if you lose. Both sides then have a final appeal opportunity to the Court of Appeal.

	COURT OF APPEAL Any appeal to the Court of Appeal must be made within 21 days of receiving the High Court decision. The process is then identical to the High Court where preliminary leave or permission must first be sought on a question of law only. The Court of Appeal is the final arbitrator of ACC matters in New Zealand - there is no right of appeal to the Supreme Court for these cases.