ACC claims in New Zealand: review deadlines and next steps
Start with the decision you want changed, how and when you were notified, and the next filing deadline. Use the review and appeal table, costs guide and document checklist to prepare for advice about a declined claim, treatment or weekly compensation.
Key points
- ACC cover and entitlement to a particular payment or service are separate. An accepted injury claim does not automatically qualify you for every treatment cost, weekly payment or lump sum.
- For an ordinary claim decision, the review period is usually three months from ACC giving notice under section 64. Keep the decision and notification evidence; do not rely only on the printed letter date.
- A District Court appeal normally must reach the registry within 28 days after the reviewer gives you a copy of the review decision. Late review and late appeal have different rules; seek advice even if you may be late.
- Weekly compensation is usually based on 80% of earnings calculated under the Act, with eligibility, adjustments and deductions. The first-week rule concerns incapacity, which may start after the injury date.
- There is no District Court ACC appeal filing fee. Lawyer and medical-report costs are separate; review cost awards are regulated and capped, so full reimbursement is not automatic.
- Use the decision and evidence checklist. Legal Hotline’s NZ$295 matching and arrangement fee includes the initial one-hour lawyer consultation; see what is covered. Do not delay a filing deadline while gathering every document.
In New Zealand, section 135 of the Accident Compensation Act 2001 ordinarily gives three months from ACC’s notice under section 64 to apply for review; as checked on 23 October 2026, ACC must accept a late application if satisfied that extenuating circumstances affected the claimant’s ability to meet the limit.
Checked on 23 October 2026: the current Accident Compensation Act, review-cost regulations, ACC guidance, Ministry of Justice appeal information and the independent help services linked below. Sources and limits of this check.
What has happened to your ACC claim?
Identify the precise decision or missing support before choosing a process. Keep your claim number, complete decision and reasons, notification emails or envelopes, and any review papers.
Scroll the tables sideways to compare all columns.
| Your situation | Useful next step | Records that help |
|---|---|---|
| New injury; no claim lodged | Ask a registered health provider about lodging the claim and the relevant injury date. | Incident/treatment dates, first symptoms and medical attendance. |
| Cover declined or treatment refused | Read the reasons and protect the formal review deadline while seeking clarification or advice. | Decision, notification evidence, clinical chronology and the material ACC relied on. |
| Claim accepted but payments absent, reduced or stopped | Check eligibility for the specific entitlement, the earnings calculation or the reason payments ended. | Medical certificates, work duties, employment/earnings records and ACC calculation. |
| Independent review decision adverse | Check whether a District Court appeal is available and when the notice must arrive. | Review decision, date the reviewer supplied it, evidence and submissions. |
| Long-term impairment | Ask about qualifying injury dates, medical certification and assessment. | Accepted injury details, relevant reports and impairment assessment. |
An informal discussion, complaint or evidence request is not the same as lodging a review or appeal. ACC decisions ordinarily remain effective while challenged, so a review does not automatically restart stopped payments.
ACC review and appeal deadlines
The review rule in section 135 and appeal rule in section 151 use different triggers. Record the date on the decision, how it was supplied and the notification date. The following is a general checkpoint, not a calculation of your individual deadline.
Scroll the tables sideways to compare all columns.
| Step | Ordinary time rule | If time may have passed |
|---|---|---|
| Initial cover or entitlement claim | Generally 12 months from injury for cover, or from the need arising for an entitlement. Special injury-date and treatment-injury rules apply. | Under section 53, lateness alone is not a ground for decline unless it prejudices ACC’s ability to decide. Get the correct date checked. |
| Review of an ordinary claim decision | Usually 3 months from ACC giving notice under section 64. Deemed-cover and Code decisions have other statutory triggers. | ACC must accept a late application if satisfied extenuating circumstances affected ability to meet the time limit. Supply the explanation and supporting evidence. |
| District Court appeal from a review decision | The prescribed notice must be received by the registry within 28 days after the reviewer gives the appellant a copy. Deemed-review decisions have a different trigger. | The District Court may allow longer time. Explain why the appeal is late; this is not the same test as late review. |
Use ACC’s review instructions and ACC33 options to identify the decision, grounds and requested change. Keep proof of receipt. For an appeal, use the Ministry’s notice and filing instructions. Do not wait for every medical report or assume discussion or mediation stops the clock.
What an independent review can do
An independent reviewer considers the substantive merits afresh under the law, rather than simply following ACC policy. The dispute may resolve earlier; a hearing is not required in every case. A reviewer can uphold, change or replace the decision within the statutory powers.
Under section 146, a review decision can be deemed in the applicant’s favour if a hearing date has not been set within three months after ACC receives the review application, and the applicant did not cause or contribute to the delay. This concerns setting the date, not completing the hearing within three months. Section 147 still limits entitlements to those available under the Act. Keep scheduling correspondence and obtain advice before assuming the provision applies.
Reviewing a claim decision is different from complaining about service. A review decision about a Code complaint cannot be appealed to the District Court under section 149. Entitlement-processing delay, deemed decisions and other specialised situations need their own statutory route checked.
Cover, treatment injury and the evidence in dispute
New Zealand’s scheme can cover qualifying injuries to residents and visitors without proving fault. It does not cover every illness, gradual condition or emotional harm. Section 26 and the applicable cover provisions define the eligible injuries; section 67 separately requires eligibility for each entitlement.
A treatment injury under section 32 must meet the statutory causation and other requirements, including not being a necessary part or ordinary consequence of the treatment in the circumstances. Section 33 can include failures or delays in treatment. A disappointing result alone is insufficient, and specified underlying-condition and other exclusions apply. Negligence need not be proved, but cover is not automatic.
If ACC refers to degeneration, an underlying condition or an inadequate link to an accident, compare the actual reasons with the clinical history, diagnosis, imaging and other evidence. Ask what issue a further report needs to address before paying for one. Medical evidence can be important, but legal eligibility, employment and notification evidence may also determine the dispute; no report guarantees success.
Section 317 generally bars separate New Zealand damages proceedings for personal injury covered by the scheme, even where no claim is lodged or no entitlement is payable. There are statutory exceptions and preserved proceedings, including section 319’s exemplary-damages route. A declined claim does not itself establish a right to sue or an entitlement to damages; seek advice on any separate legal claim.
Weekly compensation: why the amount or start date can differ
Accepted cover is only one requirement. Incapacity, earner status and the relevant statutory category must also be established. Some special categories can qualify, so neither having a job nor being out of work by itself answers every eligibility question.
Under Schedule 1 clause 32, ordinary weekly compensation is based on 80% of weekly earnings calculated under the Act. Calculation periods, employment type, minimum/maximum rules, adjustments, income received while recovering and tax or other deductions can affect the payment. It is not necessarily 80% of the last payslip or take-home pay. See ACC’s employee payment guidance.
Scroll the tables sideways to compare all columns.
| Question | General rule | What to bring |
|---|---|---|
| Who pays the first week of a work injury? | For a qualifying employee with covered work-related incapacity, the relevant employer pays 80% of earnings lost from that incapacity during the first week. | Injury and incapacity dates, employment details and lost-earnings records. |
| When does ACC weekly compensation ordinarily start? | From the day after the first week of incapacity, subject to eligibility. This does not promise a bank payment on that day. | Medical certificates, dates unable to work and the application/acceptance records. |
| What about non-work injury or a later absence? | ACC generally does not pay the initial first week of non-work incapacity. Repeat incapacity or approved surgery can have different treatment. | Earlier absences, surgery approval and employer leave/payment information. |
| Why is the amount different from my wage? | The statutory earnings calculation, changes over time, other income, tax and deductions may explain the difference. | ACC’s calculation breakdown, payslips, income records and multiple-job details. |
If a payment ends or the calculation appears wrong, obtain the written decision and identify the review deadline. Self-employment, purchased cover and unusual work histories need their own calculation checked.
Permanent impairment and longer-term support
A permanent impairment does not automatically qualify for a lump sum. Schedule 1 clause 54 generally requires covered injury after 1 April 2002, the survival and assessment conditions, and at least 10% whole-person impairment. Older injuries can involve different transitional rules or an independence allowance. ACC’s permanent-injury guide explains the assessment route.
Clause 57 ordinarily requires medical certification that the condition is stable and likely to involve permanent impairment. It also permits the specified certificate after two years from the injury date where the condition has not stabilised but permanent impairment is likely. Additional rules apply to some mental-injury assessments.
Treatment, rehabilitation, home support, weekly compensation and permanent-injury payments each have conditions. A lump sum may coexist with other support, but not every combination is available. Ask about the specific assistance needed rather than assuming acceptance of cover guarantees all benefits.
Review costs, appeal filing and lawyer fees
ACC meets the independent reviewer’s costs under section 148. A successful or partly successful review attracts a regulated award of eligible costs and expenses; an unsuccessful applicant may receive an award if the reviewer considers the application reasonable. A favourable ACC revision before the hearing also has a costs rule. The Review Costs and Appeals Regulations set categories and caps, so an award does not necessarily reimburse your full lawyer or report bill.
The changed review-cost scale from 27 November 2025 depends on the date of the underlying ACC claim decision. Earlier claim decisions retain the previous scale. Ask which scale and expense categories apply before committing to paid representation or reports.
The Ministry of Justice confirms there is no fee to file an ACC appeal with the District Court registry. Legal representation, preparation and medical evidence can still cost money. You may represent yourself or use an authorised advocate; legal aid may be available subject to its requirements.
Legal Hotline’s NZ$295 fee is for matching and arranging the initial lawyer consultation described below. It does not purchase review representation, a court appeal or a specialist medical report.
What to bring to an ACC lawyer consultation
Start with the next deadline and the change you want. Bring records already available to you; do not postpone a timely review or appeal while waiting for every report.
Scroll the tables sideways to compare all columns.
| Bring if relevant | Ask the lawyer |
|---|---|
| ACC decision and reasons, claim number, letter date, email/text/envelope and notification details. | What is the reviewable decision, and which deadline applies? |
| Review decision, how and when it was supplied, review application, receipt and scheduling correspondence. | Is a court appeal available? Is late filing or a deemed-review issue relevant? |
| Injury/treatment chronology, diagnoses, relevant reports/imaging and the reasons ACC gave. | What fact or legal requirement is disputed, and what further evidence would address it? |
| Medical certificates, usual work duties, incapacity dates, earnings records and ACC’s payment calculation. | Is the dispute about cover, eligibility, the earnings calculation or ending payments? |
| Requested treatment/support, recommendations, quotes, receipts and any urgent unmet need. | What specific entitlement or decision should be addressed? |
| Reasons and evidence for delay, current representative arrangements, your budget and three questions. | What can this first hour resolve? What further work, costs and possible cost recovery should I consider? |
Arrange a one-hour New Zealand ACC lawyer consultation — NZ$295
Bring the exact decision and notification details first. Ask the lawyer to check the route and deadline, identify the disputed issue and explain the evidence and next steps. Any preparation, representation or further legal work needs a separate scope and fee agreement.
Legal Hotline’s matching and arrangement fee is NZ$295 including GST. The matched New Zealand lawyer provides the initial one-hour consultation at no additional charge. Phone and video appointments depend on availability. Further advice, drafting, representation, court fees and other work are separate.
Call 0800 461 100 for free AI legal information at any hour. Jen, our AI assistant, provides general information and takes your details; Jen is not a lawyer and does not advise on your case. Requests can be made at any hour, but lawyer appointments depend on availability.
Official help and free legal information
Free information and independent navigation can help you understand the process. Check each service’s scope and availability; information or navigation is not a promise of full review or court representation.
Way Finders — independent ACC navigation
0800 273 030. Free independent navigation; Monday–Thursday 9am–4pm and Friday 10am–3pm, New Zealand time, closed public holidays. Ask what assistance fits your situation.
Workplace Injury Advocacy Service
0800 486 466. ACC lists this independent service as free to everyone, with expertise in work-related injuries and accredited-employer or third-party claim handling.
ACC claims enquiries
0800 101 996, Monday–Friday 8am–6pm, New Zealand time. Claim information and enquiries; this is ACC, not an independent lawyer.
Community Law centres
Find local initial legal help. Appointments, eligibility and ongoing assistance vary; check whether the centre can help with your ACC issue.
District Court ACC appeal guidance
Official notice, filing and representation information. No appeal filing fee; possible legal aid is separate from the right to file.
Common questions about ACC claims in New Zealand
How long do I have to review or appeal an ACC decision?
For an ordinary claim decision, section 135 usually gives three months from ACC giving notice under section 64. A District Court appeal normally must reach the registry within 28 days after the reviewer gives you a copy of the review decision. Special triggers exist. Late review and court extensions have different rules, so keep the decision and notification evidence and obtain advice promptly.
Does accepted ACC cover automatically mean weekly compensation?
No. Cover and eligibility for weekly compensation are separate. The covered injury, incapacity, earner status and relevant statutory category must be considered. Ask for the decision and calculation rather than assuming claim acceptance guarantees a particular payment.
Why is my weekly compensation different from 80% of my last wage?
The Act uses statutory earnings calculations, which can depend on employment type, calculation periods and other income. Minimum/maximum rules, adjustments, tax and deductions may affect the payment. The usual start is after the first week of incapacity, not a guarantee of money reaching your account eight days after the accident.
Can I challenge a decline based on degeneration or an underlying condition?
A decline may be reviewable, but success is not automatic. Read the reasons and compare them with the medical chronology, diagnoses and other relevant evidence. Ask what specific issue a further report would address. Protect the filing deadline while arranging evidence; a report does not itself lodge a review or guarantee the result.
Is an ACC review or District Court appeal free?
ACC meets the independent reviewer’s costs, and there is no District Court ACC appeal filing fee. Your lawyer, preparation and medical reports can still cost money. Review cost awards follow regulated categories and caps, with the applicable scale depending on the underlying claim decision date. Full reimbursement is not automatic.
What does the NZ$295 ACC lawyer consultation arrangement include?
NZ$295 including GST is Legal Hotline’s matching and arrangement fee. The matched New Zealand lawyer provides the initial one-hour consultation without an additional fee for that hour. Further advice, document preparation, representation and reports are separate. Appointment times depend on availability. The free phone line provides AI legal information and intake, not a lawyer’s advice on your claim.
Sources and update record
Checked on 23 October 2026. The current Accident Compensation Act version is dated 10 July 2026; the current Review Costs and Appeals Regulations version is dated 27 November 2025. Statutory notice and filing rules control the deadline explanations above. Historical injuries, specialised entitlements, overseas facts and individual deadline calculations require specific checking.
- Accident Compensation Act 2001 — current version
- Section 53 — claim timing and late claims
- Section 64 — written notice and review information
- Section 135 — review applications and late review
- Section 146 — deemed review decisions
- Section 151 — District Court appeal timing
- Section 67 — cover and entitlement
- Section 32 — treatment injury
- Schedule 1 clause 32 — weekly compensation
- Schedule 1 clause 54 — permanent impairment
- Schedule 1 clause 57 — medical certificate and assessment
- Section 317 — separate injury proceedings
- Section 319 — exemplary damages
- Review Costs and Appeals Regulations
- ACC independent review instructions
- Ministry of Justice ACC appeal guide
- ACC employee weekly-compensation guidance
- ACC permanent-injury support
- ACC independent navigation services
- Legal Hotline NZ booking
- Legal Hotline matching and arrangement terms
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.