2 July 2024
Anon
[FYI request #26953 email] Kia ora
Your Official Information Act request, reference: GOV-032589
Thank you for your email of 23 May 2024, asking for the following information under the Official
Information Act 1982 (the Act):
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.
1. 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.
2. 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.
3. Request 3. Please provide a list of ACC contracted mediators, facilitators, and conciliators that
Claimant's may contact directly to start the ADR process.
4. Request 4. Please provide copies of the contracts with ACC contracted mediators, conciliators, and
facilitators.
5. 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.
6. 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?
7. 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.
8. 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
GOV-032589 Page 1 of 3
- 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.
9. 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.
10. 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?
1. ACC is required to make a decision about whether to grant or refuse your request as soon as reasonably
practicable and within 20 working days of receiving the request. ACC considers this request is one of
multiple requests made by the same requester, which may affect ACC’s decision to grant or refuse the
request.
2. In order for ACC to make a decision on this request, ACC requests that you provide:
a. Your full name and confirmation of your identity, and
b. the reasons for the request.
3. We ask that this information be provided as soon as possible to enable us to make a decision on your
requests. This may include ACC extending the timeframe for responding, charging for the request, or
refusing to grant the request because:
a. ACC has already provided this information in an earlier request; and/or
b. the information requested cannot be made available without substantial collation or research;
and/or
c. the request is frivolous or vexatious or the information requested is trivial; and/or
d. the request may relate to matters including proceedings under Part 5 of the Accident
Compensation Act 2001.
4. If you would prefer, this information can be provided confidentially to ACC at the following address:
Manager OIA Services, ACC, PO Box 242, Wellington, or by email to
[email address]. Any
information/documentation provided establishing your identity will be used solely for that purpose and
destroyed after. Please reference this request when doing so:
GOV-032589.
5. We look forward to receiving the information requested at paragraph 2.
GOV-032589 Page 2 of 3
If you have any questions about this letter, please get in touch
You can email me at
[email address]. If you are not happy with this letter, you can also
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
Christopher Johnston
Manager Official Information Act Services
Government Engagement
GOV-032589 Page 3 of 3
Document Outline
