18 May 2016
Lee M [FYI request #3796 email]
Dear Lee M
Official Information Act Request
Thank you for your email of 9 May 2016.
In light of our response to your request dated 22 March 2016, you asked for the
following information, under the Official Information Act 1982 (the Act):
“a copy of the ‘relevant legislation’ that supports your advice that ‘Fairway
Resolution Limited is not subject to the Code of ACC Claimants’ Rights’.”
FairWay Resolution Limited (FairWay) is an independent, Crown-owned company. It
is registered and searchable on the Companies Office. It is not a division or part of
A range of dispute resolution services are offered by FairWay to the wider public and
private sector market. It has its own Customer Service Charter.
Complaints about dealings with FairWay can be made via their
The Ministry of Business, Innovation and Employment is responsible for monitoring a
range of Crown entities and agencies – including FairWay.
ACC is one of FairWay’s clients. Other FairWay clients include the Ministry of Justice
(Family Dispute Resolution) and the New Zealand Telecommunications Forum
(Telecommunication Dispute Resolution).
Under Part 5 of the Accident Compensation Act 2001 (AC Act), ACC is required to
provide an independent review service to enable binding outcomes on both ACC and
FairWay offers ACC reviews as one of its services. It is an independent contractor of
this service; however, ACC retains the right use other suppliers to provide dispute
As a provider of reviewers for ACC reviews, FairWay (and its contracted reviewers)
must act independently; comply with the principles of natural justice; exercise due
diligence in decision-making; and adopt an investigative approach with a view to
conducting any review in a timely and practical manner (see sections 138, 139 and
140, AC Act).
FairWay, in undertaking its role as a reviewer, mediator or facilitator in respect of
disputes arising between ACC and any one of ACC’s clients, is not
acting as an
agent of ACC (refer section 39(b), AC Act); and is not
providing a service on behalf of
or authorised by ACC (refer section 39(c), AC Act).
Further, FairWay’s review service extends to decisions made under the Code of ACC
Claimants’ Rights (the Code) about an ACC claimant’s complaint.
Accordingly, this means FairWay does not fall within the definition of ‘Corporation’ for
the purposes of the AC Act and thus is not subject to the Code.
The AC Act – and in particular, the sections referred to above – support the
position/view that FairWay is not subject to the Code.
As all current New Zealand legislation is publicly available
we decline to provide a copy of the AC Act in
accordance with section 18(d) of the Act.
Queries or concerns
If you have any questions, ACC will be happy to work with you to answer these. You
can contact us at [email address]
or in writing to Government
Services, PO Box 242, Wellington 6140.
You have the right to complain to the Office of the Ombudsman about our decision.
You can call them on 0800 802 602 between 9am and 5pm on weekdays, or write to The Office of the Ombudsman, PO Box 10152, Wellington 6143