Nationwide ACC review LEGAL representation
If ACC has declined cover, stopped your entitlements, or turned down treatment or surgery, you’re not just dealing with paperwork. You’re dealing with lost income, delayed treatment, and the stress of being told no by the system that was supposed to have your back.
Declined ACC exists for exactly this moment. We are ACC review specialist lawyers who challenge wrongful decisions and fight to get you the cover, treatment, and support you’re entitled to.
Since 2009
ACC law focus
High
success rate at review
Nationwide
remote representation
Who this is for
If any of that sounds familiar, you’re in the right place. A decline decision from ACC can feel final, but it isn’t. You have the right to challenge it, and the review process exists specifically so that ACC’s decisions can be tested and, where they’re wrong, overturned.
What we do
Declined ACC provides focused legal representation to challenge ACC decisions through the review process. We handle it from start to finish so you can focus on your recovery instead of fighting a complex system that is not easy to navigate.
Declined ACC was established in 2009 by MaryAnne Evans, a physiotherapist, initially to challenge declined treatment and surgery decisions. Declined ACC has evolved into the incorporated law firm that it is today. It is now led by Jonathan Houghton, a lawyer, who has spent the last 18 years working exclusively in ACC law. We’ve helped a large number of clients turn a declined decision into a successful outcome and will ensure that your strongest case is put forward. We know how ACC thinks, what reviewers look for, and how to put your strongest case forward.
We lodge your review application correctly and on time, and manage every deadline from there.
A thorough review of your entire ACC file — internal communications, call transcripts, and your full claims history, plus any relevant previous covered injuries.
We represent you at the pre-hearing case conference with the reviewer to ensure that appropriate directions are made for your case.
Whilst not formally part of the statutory process ACC will sometimes agree to engage in alternative dispute resolution (‘ADR’) in the form of mediation or conciliation. We will represent you at ADR which can be a very beneficial process for both parties.
We identify and request further medical evidence where it will strengthen your case and always with your approval and clear on cost first.
We attend the pre-hearing case conference, prepare your witness statement and submissions, and represent you at the hearing itself.
We consider the reviewer’s decision and report back to you. We make sure ACC carries out any steps required by the reviewer and advise on a District Court appeal, if needed.
You’ll always know what’s happening and why. We explain each step in plain language keeping you in the loop, not the dark.
You don’t need to be based near us. Declined ACC represents clients right across New Zealand. Communication is by phone, video, and email. We can attend the hearing on your behalf wherever you are. Almost all case conferences and review hearings are done by teleconference/videoconference.
About
Jonathan is the Director of Declined ACC. He’s a Barrister and Solicitor in New Zealand and is admitted as a Solicitor in England and Wales. Jonathan has over 30 years of personal injury litigation experience with the last 18 spent solely in ACC law.
Beyond representing claimants, Jonathan has also worked as an independent Adjudicator, Mediator, and Conciliator in ACC cases, giving him a rare, first-hand understanding of how reviewers actually assess and decide claims. That perspective shapes how we build every case we take on.
30+
years in personal injury litigation
18
years solely in ACC law
NZ + UK
admitted in both jurisdictions
How the ACC review process works
We know the review process can feel confusing from the outside, so here's a plain-language answer to the questions that come up most often.
Yes. If ACC has made a decision about your claim that you disagree with, you can apply for an independent review. Reviews are run by two organisations ACC contracts with — FairWay Resolution and the Independent Complaints Review Authority (ICRA). ACC will usually let you choose which one handles your case.
No. Nobody can force you to attend. Your case can be presented through a signed witness statement and legal argument on your behalf. That said, we usually recommend attending. The reviewer may have some questions for you, and it often strengthens and personalises your cases by being there. Almost all cases are heard by videoconference using the Zoom platform, so there is no need to leave your home or work to attend. Although it may feel daunting, we will be there to represent you and support you through the hearing.
Almost all hearings now take place via videoconference. This means that you do not have to leave home or work to attend. Typically, the review providers use Zoom and this works well. If you don't have a computer, then you can join the hearing by phone. In rare cases, the reviewer may decide an in-person hearing is warranted. An in-person hearing is usually held at the closest city/centre to you.
Each and every case is different and is assessed on its own merits. We will provide advice tailored to your case. In most cases ACC has obtained and sought to rely on clinical evidence to support its decline. Where ACC has done this, it is important to seek a second opinion and rebuttal of that medical evidence. For example, in most cases where ACC has declined to fund surgery requested by your treating surgeon, we would go back to the treating surgeon, asking them specific questions and ask them to explain why they take a different view to ACC's clinical advisors. Evidence from your treating specialist is often the single biggest factor in the outcome, especially where surgery is involved. We won't request anything without your approval and without being upfront about the likely cost first.
Initially, you may need to cover the report fee upfront, but we would seek to recover this from ACC at the end of the review process. Reviewers can award up to $4,150 (including GST) for reasonable medical report costs. Where possible, we ask your specialist to hold off on requiring payment until after the hearing, so the medical report fee can be paid directly by ACC at the conclusion of the review. Not every doctor agrees to this, and some do require payment upfront. This is an issue we would discuss with you before instructing a medical expert, so that there would be no surprises.
It varies. Once your review is lodged, a hearing date must be set within three months, although the hearing itself doesn't have to happen in that window. We will do everything as promptly as possible. There are some external factors outside of our control, for example the availability of medical experts. We want to get your case resolved as quickly as possible for you. However, the priority is putting forward your best case. After the hearing has concluded, the reviewer must issue their decision within 28 days. The hearing itself is usually about an hour.
The reviewer controls the hearing and has a wide discretion to run the hearing as they see fit, subject to complying with some basic rules/principles. Usually where a claimant is represented most reviewers, after introducing the case, will hand over to the claimant's representative. We would then introduce your evidence in the form of a written witness statement (which we will have worked on together, and you will have approved beforehand). We would then go on make the legal arguments set out in our written submissions. The reviewer will then usually let ACC respond and set out its case, before providing us with a final right of reply to ACC's submissions. A hearing would rarely exceed one hour.
No, there's no obligation to have legal representation for an ACC review. But instructing a lawyer who knows the process, the case law, and how to present your case gives you the best chance of a successful outcome.
Your case is decided by a reviewer, either an employee or contractor engaged by FairWay or ICRA. Reviewers are appointed under Part 5 of the Accident Compensation Act 2001 and have a legal duty to act independently. Most are legally qualified and/or have significant experience in this area of the law.
Yes, the reviewer can make an award for reasonable lost earnings due to attending the hearing. The reviewer may ask for evidence in support. This is usually requested at the end of the hearing, and any award is capped and made at the reviewer's discretion.
If the reviewer finds in your favour, this means that the reviewer has quashed ACC's decision. If the reviewer does this, they then have two options.
The reviewer can quash ACC's decision and substitute it with their own decision. For example, if ACC had declined cover and surgery, the reviewer could quash and substitute their own decision that you have cover and that ACC must fund the surgery.
The alternative is that the reviewer can quash ACC's decision and direct it to do something. This is much less common but may happen where a reviewer is unhappy with ACC's decision and considers that they need to undertake further investigation. ACC is then usually required to make a new decision at the end of that investigation process.
The reviewer's decision is binding on ACC, although there is a right of appeal to the District Court. It is uncommon for ACC to appeal reviewer's decisions.
If the reviewer finds in ACC's favour, that effectively confirms ACC's original decision was correct. In these circumstances the reviewer will dismiss the review application. You still have the right to appeal to the District Court, and we can advise on whether that's worth pursuing (appeal costs are on a separate basis to the review).
Yes. If you work for an accredited employer and have an accident, or a new work-related claim, your employer may be managing the claim directly or through an agent, and we can help you challenge decisions made in that context too. Accredited employers are effectively agents of ACC, and they are bound by the same legislation, which is the Accident Compensation Act 2001.
What it costs
No upfront legal fees
We understand that cost is often the first worry when you’re already dealing with reduced income. In every case we deal with you will have a legal liability for costs up to the maximum amount ACC is permitted to pay by way of contribution. This amount is:
$1,826 + GST
ACC’s contribution for a standard case
$3,652 + GST
ACC’s contribution for a more complex case
You will not be required to make payment of this amount until the conclusion of your review. This means that in effect we work on credit and ACC pays this directly to us at the conclusion of your review.
No Win : No fee
In most cases, actual legal fees will be higher than this contribution, but we’re often able to work on a no-win, no-fee basis. We’ll always talk this through with you openly before you commit to anything, so you know exactly where you stand financially from day one.
Ready to challenge your declined claim?
You don't need to have all the answers before you contact us. Tell us what's happened, and we'll tell you honestly whether we think you have a case worth pursuing.
Two quick steps. Have ACC’s decision letter handy if you can.
What our clients say
Thank you for all your help and advice with my case, and gaining a great outcome, would not have been possible without you. I have been impressed with your knowledge and professionalism. I would have no hesitation in recommending you to others who may need help with ACC, like I did.
— FA, Canterbury
Thanks for your very professional assistance with my recent ACC application. It has been a very long and difficult process and without your input I believe that I would not have been granted my surgery. Your knowledge and ability to navigate the complicated ACC system was invaluable.
— TR, North Canterbury
I would like to take this opportunity to say thank you for your help in preparing my case for ACC, gaining a favourable outcome, without your help it would not have been possible… You provide a very needed service… I really appreciated your specialist help in dealing with these complex issues.
— Mr R, Raetihi
I want to reiterate how impressed I have been with your work on my case. Thanks again. Having my surgery tomorrow and that wouldn’t be happening without your help.
— Mr G, Auckland
Thank you for what you did for me, I always will be grateful.
— LR, Canterbury
Very good news, ACC’s decision was quashed and [I] now have cover for a treatment injury. Fantastic news and thanks so much again for all your help.
— Mrs A, North Canterbury