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Accessing Alternative Dispute Resolution Services and related documents

Anon made this Official Information request to Accident Compensation Corporation

This request has an unknown status. We're waiting for Anon to read recent responses and update the status.

From: Anon

Dear Accident Compensation Corporation,

Your "Navigation Services" web page has section with the heading, "What other options are available?" This section states:

You're also able to use Alternative Dispute Resolution (ADR). ADR is an umbrella term used to describe methods for resolving disputes and can include mediation, conciliation, and facilitation.

ADR provides whoever is looking after the dispute and the customer with an opportunity to engage in meaningful conversations with an independent party to find a way forward or resolution without the need for a more formal review hearing.

ACC also has a web page titled "Alternative Dispute Resolution". However, this page does not define mediation, conciliation, or facilitation.

Request 1: Please provide the internal rules, policies, guidelines, or other documents which include ACC's definition of mediation, conciliation, or facilitation. My preference would be for ACC to add those definitions to ACC's ADR web-page, with a link to the document; however, if ACC is unwilling, then please provide them through FYI.org.nz.

Request 2: Please provide copies of agreement contracts provided to claimants prior to engaging in mediation, conciliation, or facilitation.

The ADR web page states "there are three stages within any ADR".
Step one: Talking with a conciliator or mediator
Trained conciliators and mediators are there to help and give guidance. Talking with them gives you the opportunity to understand the process and explain, from your point of view, what your concerns are and what you feel would resolve the issue.
Step two: Meeting with all parties
Step three: Exploring the options {to resolve issues}

Based on what is written here, it appears that any Claimant who has a dispute with ACC may contact a mediator, conciliator, or facilitator directly, to start the ADR process.

Request 3. Please provide a list of ACC contracted mediators, facilitators, and conciliators that Claimant's may contact directly to start the ADR process.

Request 4. Please provide copies of the contracts with ACC contracted mediators, conciliators, and facilitators.

Request 5. Are there restrictions to who may provide mediation, conciliation, or facilitation? For instance, must the mediator, conciliator or facilitator be contracted to ACC? If so, please provide the internal rules, policies, processes, guidelines, or other documents, which detail the restrictions on who may provide ADR for claimants.

Request 6. Are there any restrictions as to how a Claimant may start the ADR process (mediation, conciliation, or facilitation), and obtain information from the mediator, conciliator, or facilitator about the process, which ACC describes as "Step 1" of the ADR process?

Request 7. If there are restrictions as to how a Claimant starts the ADR process (mediation, conciliation, or facilitation), please provide policies, rules, processes, guidelines and other documents about how and when a Claimant may start step 1 of the ADR process, to have a discussion with the mediator, conciliator, or facilitator, who is (a) contracted to ACC, and (b) not contracted with ACC.

Request 8: If Claimant's who have a dispute with ACC are not permitted to start the ADR process by contacting the mediator, conciliator or facilitator directly - as indicated in Step 1 of the ADR process - then please provide the steps ACC employees must take after receiving a request from a Claimant for mediation, conciliation, or facilitation. This would include all rules, guidelines, processes and policies, which must be consistent with the Code (taking into consideration the Claimant's views, treating them fairly, and with respect, rights 1-2), for the access to ADR.

Request 9: Please provide the internal rules, policies, processes, guidelines and other documents, pertaining to the definition of "party" or "parties", and who Claimant's should expect to be present during Steps 2 and 3 of ADR.

Request 10: If a Claimant seeks ADR, who should the claimant expect to be present as the representative of ACC in mediation, conciliation or facilitation? Would this be the decision maker that made the decision that is in dispute, or some other person who was unrelated to the decision making, such as a resolution specialist, or someone who is not a party in the matter, such as external legal counsel?

To avoid any doubt, this request is made under the Code (rights 1, 2, 5, 8) and OIA.
Thanks.
An

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora,

Thank you for contacting ACC’s Government Services inbox.

If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.

 

The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult before deciding whether we can release this information, and this
may take a bit more time. If we do not hear from you, we will assume that
you do not require it.

 

For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.

If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].

For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).

For general queries, please visit: [4]Contact us (acc.co.nz).

 

 

Ngâ mihi,

Government Services

PO Box 242 / Wellington 6011 / New Zealand / [5]www.acc.co.nz

ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.

 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

References

Visible links
1. https://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/

Link to this

From: Government Services
Accident Compensation Corporation


Attachment GOV 032589 Extension letter.pdf
316K Download View as HTML


Kia ora Anon

 

Please find attached a letter extending the time limit for making a
decision on your request of 23 May 2024. If you have any questions about
this letter you can contact us at this [1]address, for all
other matters please use our contact form
at: [2]https://www.acc.co.nz/contact/ alternati... give us a call on 0800
101 996.

 

If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here. 

 

Ngā mihi
Christopher Johnston (he/him)
Manager | OIA Services

* PO Box 242, Wellington 6011

ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
 

show quoted sections

Link to this

From: Government Services
Accident Compensation Corporation


Attachment GOV 032589 Letter to requestor.pdf
340K Download View as HTML


Kia ora Anon

Please see the attached letter regarding your Official Information Act
request.

If you have any questions about the response you can contact us at this
[1]address, for all other matters please use our contact form
at: [2]https://www.acc.co.nz/contact/ alternatively give us a call on 0800
101 996.

If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here. 

 

Ngâ mihi
Christopher Johnston (he/him)
Manager | OIA Services

* PO Box 242, Wellington 6011

ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
 

show quoted sections

Link to this

From: Anon

Dear Government Services,

Your response to me is makes no sense. You have tried this stunt before. Please refer to my response on to you on November 08, 2023 in GOV-028422. You may find it here. https://fyi.org.nz/request/24454-what-to...

You have already provided responses to my OIA requests. Thus, it is unreasonable and irrational to be asking for this information again, when you have already decided I am legally entitled to information held by ACC.

I again reiterate my point that ACC has a legislative requirement to respect my privacy (right 7 of the Code).
Yours sincerely,

An

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora,

Thank you for contacting ACC’s Government Services inbox.

If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.

 

The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult before deciding whether we can release this information, and this
may take a bit more time. If we do not hear from you, we will assume that
you do not require it.

 

For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.

If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].

For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).

For general queries, please visit: [4]Contact us (acc.co.nz).

 

 

Ngâ mihi,

Government Services

PO Box 242 / Wellington 6011 / New Zealand / [5]www.acc.co.nz

ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.

 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

References

Visible links
1. https://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/

Link to this

From: Government Services
Accident Compensation Corporation


Attachment GOV 032589 Follow up letter to requestor.pdf
149K Download View as HTML


Kia ora

Please find attached a letter in response to your below email. 

If you have any questions about the response you can contact us at this
[1]address, for all other matters please use our contact form
at: [2]https://www.acc.co.nz/contact/ alternatively give us a call on 0800
101 996.

If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here. 

 

Ngā mihi
Christopher Johnston (he/him)
Manager | OIA Services

* PO Box 242, Wellington 6011

ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
 

show quoted sections

Link to this

From: Government Services
Accident Compensation Corporation


Attachment GOV 032589 Response.pdf
360K Download View as HTML


Kia ora

Please find attached our response to your official information request
dated 23 May 2024. If you have any questions about the response you can
contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.

If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here. 

 

Ngâ mihi
Christopher Johnston (he/him)
Manager | OIA Services

* PO Box 242, Wellington 6011

ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

References

Visible links
1. mailto:[email address]
2. https://www.acc.co.nz/contact/
3. https://get.adobe.com/nz/reader/

Link to this

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