30 October 2023
A S Van Wey
[FYI request #24372 email]
Kia ora Amy
Your Official Information Act request, reference: GOV-028325
Thank you for your email of 9 October 2023 to the Minister for ACC, Hon Peeni Henare, asking for
information about section 140 of the Accident Compensation Act 2001. On 11 October 2023, your request
was transferred to ACC under section 14 of the Official Information Act 1982 (the Act). Your request asked
for the following information:
I am writing to you in hopes that you will be able to assist me in finding case law, secondary
legislation, research papers, government reports, parliamentary discussions, or any other
information which includes instructions, definitions, or guidelines on how Reviewers are to conduct
a hearing in accordance with section 140 of the Act…
To clarify, when I'm told by a reviewer that I must provide a written submission as required by
Tribunals and Courts, this seems to me to be a "formal" approach. When I'm told the process is for
me to state my case, followed by ACC stating their case, then me providing a rebuttal, that seems
like a "formal" approach as in what happens in a Tribunal or NZ Court. I seek information which
clarifies what the court considers formal vs informal…
I would like to better understand claimant's rights to witnesses, the necessary attributes of the
principles of natural justice, due diligence in decision-making, and adopting an investigative
approach… To be clear, I am not seeking legal advice. I am seeking information which already exists, which will
have commentaries on the interpretation of Part 5 of the AC Act.
We refer you to our response of 27 October 2023 (ref: GOV-028255)
It responds to a similar request from you for information about the conduct of reviews in accordance with
section 140 of the AC Act, and contains all information held by ACC, Fairway and ICRA relevant to that
section.
If you are not happy with this response
You can contact the Ombudsman
via [email address] or by phoning 0800 802 602.
Information about how to make a complaint is available at
www.ombudsman.parliament.nz. Ngā mihi
Sara Freitag
Acting Manager Official Information Act Services
Government Engagement
GOV-028325 Page 1 of 1
Document Outline
