Does the ACC use lawyers?
Lee M. made this Official Information request to Minister for ACC
The request was partially successful.
From: Lee M.
Dear Minister for ACC,
1. Does the ACC appoint and use lawyers to represent it in preparing for review hearings, including draft review submissions?
2. If the ACC does appoint and use lawyers to represent it in preparing for review hearings, including drafting review submissions, under what circumstances does the ACC do this, and, does the ACC believe this is the most claimant friendly and cost efficient way to prepare for review hearings, including drafting review submissions? And, if the ACC does believe that appointing and using lawyers to represent it in preparing for review hearings, including drafting review submissions, is the most claimant friendly and cost efficient way to prepare for review hearings, including drafting review submissions, why does it believe that this?
3. Does the ACC appoint and use lawyers to represent the ACC at review hearings?
4. If the ACC does appoint and use lawyers to represent it at review hearings, under what circumstances does the ACC do this, and, does the ACC believe this is the most claimant friendly and cost efficient way to represent itself at review hearings? And, if the ACC does believe that appointing and using lawyers to represent it at review hearings is the most claimant friendly and cost efficient way to represent itself at review hearings, why does it believe this?
5. Does the ACC appoint and use lawyers to represent the ACC at review hearings, and then not attend the review hearing itself? If the ACC does do this, under what circumstances does it do so?
6. If the ACC does appoint and use lawyers to represent it in preparing for review hearings, including draft review submissions, and to represent the ACC at review hearings, why does the ACC not use its own "in house" lawyers and/or experienced reviews administration staff who work in the ACC's regional Review Units located in large towns and cities across N.Z. for these purposes?
7. Does the ACC recognise and accept that if it does appoint and use lawyers to represent it at review hearings, that the large majority of ACC claimants who seek review of the ACC's decisions are not legally represented and that they see this as a bullying and intimidation tactic that gives the respondent - who made the decision against the claimant - an advantage over the claimant?
8. Does the ACC recognise and accept that if it does appoint and use lawyers as outlined above, this is funded out of the "public purse", and that claimants would likely consider this offensive particularly when the intention and purpose of the AC Act originally was to provide a "no fault", non-litigious, accident injury scheme which they have contributed to in one way or another through ACC levies?
9. If the ACC does use lawyers in relation to reviews as outlined above, would that be a private law firm, would a junior or senior ranking lawyer be appointed, and what rate would the former and latter cost approximately per hour?
Yours faithfully,
Lee M.
From: N Kaye
Minister for ACC
Thank you for contacting the office of Hon Nikki Kaye. The Minister
receives a high volume of correspondence and will respond to you as soon
as possible.
Thank you once again for your message,
Kind regards,
Office of Hon Nikki Kaye
T: 04 817 8227
[1][Minister for ACC request email]
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From: Vicky Holmes
Minister for ACC
Good morning
On behalf of Hon Nikki Kaye, Minister for ACC, thank you for your request under the Official Information Act.
Please find attached a letter transferring your request to ACC.
Yours sincerely
Vicky
Vicky Holmes | ACC Private Secretary | Office of Hon Nikki Kaye | Parliament Buildings, Private Bag 18041, Wellington |
-----Original Message-----
From: Lee M. [mailto:[FOI #3313 email]]
Sent: Tuesday, 3 November 2015 11:45 a.m.
To: N Kaye
Subject: Official Information Act request - Does the ACC use lawyers?
Dear Minister for ACC,
1. Does the ACC appoint and use lawyers to represent it in preparing for review hearings, including draft review submissions?
2. If the ACC does appoint and use lawyers to represent it in preparing for review hearings, including drafting review submissions, under what circumstances does the ACC do this, and, does the ACC believe this is the most claimant friendly and cost efficient way to prepare for review hearings, including drafting review submissions? And, if the ACC does believe that appointing and using lawyers to represent it in preparing for review hearings, including drafting review submissions, is the most claimant friendly and cost efficient way to prepare for review hearings, including drafting review submissions, why does it believe that this?
3. Does the ACC appoint and use lawyers to represent the ACC at review hearings?
4. If the ACC does appoint and use lawyers to represent it at review hearings, under what circumstances does the ACC do this, and, does the ACC believe this is the most claimant friendly and cost efficient way to represent itself at review hearings? And, if the ACC does believe that appointing and using lawyers to represent it at review hearings is the most claimant friendly and cost efficient way to represent itself at review hearings, why does it believe this?
5. Does the ACC appoint and use lawyers to represent the ACC at review hearings, and then not attend the review hearing itself? If the ACC does do this, under what circumstances does it do so?
6. If the ACC does appoint and use lawyers to represent it in preparing for review hearings, including draft review submissions, and to represent the ACC at review hearings, why does the ACC not use its own "in house" lawyers and/or experienced reviews administration staff who work in the ACC's regional Review Units located in large towns and cities across N.Z. for these purposes?
7. Does the ACC recognise and accept that if it does appoint and use lawyers to represent it at review hearings, that the large majority of ACC claimants who seek review of the ACC's decisions are not legally represented and that they see this as a bullying and intimidation tactic that gives the respondent - who made the decision against the claimant - an advantage over the claimant?
8. Does the ACC recognise and accept that if it does appoint and use lawyers as outlined above, this is funded out of the "public purse", and that claimants would likely consider this offensive particularly when the intention and purpose of the AC Act originally was to provide a "no fault", non-litigious, accident injury scheme which they have contributed to in one way or another through ACC levies?
9. If the ACC does use lawyers in relation to reviews as outlined above, would that be a private law firm, would a junior or senior ranking lawyer be appointed, and what rate would the former and latter cost approximately per hour?
Yours faithfully,
Lee M.
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From: Government Services
Please find attached an acknowledgement letter.
Regards
Government Services
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From: Government Services
Dear Lee M
Please find enclosed a Notice of time extension in respect of your OIA
request.
Kind regards
Government Services
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information. If you believe you have received this email in error, please
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From: Government Services
Dear Lee M
Please find attached ACC’s response to your request of 3 November 2015.
Kind regards
Government Services
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"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."
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