Tēnā koutou,

Under the **Official Information Act 1982**, I request detailed information regarding the Accident Compensation Corporation’s (ACC) **use of external legal counsel** – particularly **McCaw Lewis Law** – for representation in **Independent Complaints and Review Authority (ICRA)**, **Fairway Resolution Services**, and related **Permanent Impairment Compensation (PIC)** hearings and mediations.

This request arises in connection with my own ongoing ICRA matter (**Claim #10038184163**, hearing scheduled 16 October 2025), and also seeks broader transparency on ACC’s systemic engagement practices and expenditure.

1. Engagement Details – Claim #10038184163

Please provide:
a. Copies of all correspondence, instructions, contracts, or engagement documentation between ACC and **McCaw Lewis Law** (including Afshan Afzaly and Susannah Shaw) relating to their representation of ACC in my ICRA hearing.
b. Internal memoranda, emails, or briefing notes recording the **decision rationale** for engaging external counsel in this claim (e.g., internal workload constraints, conflict of interest, precedent risk).
c. **Total costings** to date for McCaw Lewis’s services in this claim, including legal fees, disbursements, and GST, separated into categories (preparation, mediation attendance, advisory work, etc.).
d. Any **post-hearing summaries, invoices, or outcome reports** submitted by McCaw Lewis to ACC in relation to this case.

*(I understand redaction of third-party personal identifiers under s 9(2)(a) is permissible.)*

2. Policy, Guidance, and Criteria

Please release:
a. All current **policies, procedural instructions, or internal guidelines** governing when and how ACC engages external law firms (including McCaw Lewis, Meredith Connell, or Buddle Findlay) for:
 • Review hearings (Fairway / ICRA)
 • District Court or higher appeals
 • Disputes involving Permanent Impairment Compensation, medical-incapacity termination, or AEP/NZDF-transferred claims.
b. Any **template engagement letters, terms of reference, or panel agreements** used when instructing such firms.
c. The **roles or positions** of ACC officers authorised to approve these engagements and any criteria, thresholds, or approval matrices used (e.g., claim complexity, quantum, reputational risk).

3. Aggregated Expenditure and Case Data (2020 – 2025)

For the five financial years 2020/21 – 2024/25, please provide:
a. The **annual number of cases** in which ACC engaged external legal counsel for:
 • ICRA or Fairway review hearings; and
 • PIC-related disputes (including 0 % WPI challenges and ACC18 overrides).
b. The **total annual expenditure** on external legal counsel for those categories (fees + disbursements + GST).
c. The **average cost per case**, or, if unavailable in aggregate, an anonymised sample of 5–10 recent PIC/ICRA cases showing firm engaged, dispute type, and cost band (e.g., <$5 000, $5 000–$10 000, >$10 000).
d. Any internal or ministerial **briefings, audits, or financial analyses** discussing the cost-benefit or proportionality of using external counsel for such hearings.

4. Oversight, Transparency, and Conflicts of Interest

Please release:
a. Any communications, reports, or advice between ACC and the Ministry for ACC, the Ombudsman, or the Treasury concerning oversight of external legal counsel engagements or concerns about independence of the review process.
b. Any internal guidance, declarations, or ethics documents dealing with **conflicts of interest** or the **perceived independence** of ICRA/Fairway where ACC is represented by a contracted law firm.

5. Public-Interest Considerations

This request is made in the **public interest** (OIA s 9(1)) to ensure transparency and equity within New Zealand’s no-fault compensation system.

ACC’s 2024 Annual Report recorded approximately $662 million in claims-handling expenditure, and public reports (e.g., *Newsroom*, September 2024) have criticised inconsistencies and access barriers in dispute resolution processes.

Disclosure of these costs and engagement practices will help assess whether ACC’s legal-representation model upholds fairness for medically impaired and self-represented claimants.

6. Administrative Matters

Please provide the information electronically where practicable.

If portions of this request require consultation or are subject to extension, please notify me under **s 15A/15B**.

If full release is not possible, I request partial release with each withholding justified by **specific statutory subsection**.

Under **s 28(1)(c)**, I request that any fees be waived on public-interest grounds.

I am happy to refine the scope should that assist timely release.

Kind regards,
Spencer Jones