ACC's "Independent Review". Who Really Runs the Show?

Introduction

I often have injured people contact me for help with their ACC claims. When someone has a claim declined and they appeal, the case is usually referred to an agency such as ICRA.

ACC promotes these agencies as independent dispute-resolution services.

The question I put to you is a simple one: are they truly independent?

The Review Agencies Used by ACC

When you challenge an ACC decision, your review may be handled by:

• Independent Complaints and Review Authority (ICRA)

• FairWay Resolution

• Talk Meet Resolve (mainly mediation and conciliation)

These are the main external services currently used for dispute review. There may be more, but these are the ones I know of. They are private businesses or commercial contractors, not courts or government judicial bodies.

Who Pays for the Review

For the claimant, the review process is free. That sounds reassuring on the surface. However, the cost is paid by the ACC. This means ACC is the client. The reviewer or mediation service exists financially because of ACC contracts. That relationship has consequences.

My Direct Experience of the System

Years ago, I was producing clinical reports for an ACC-linked occupational health group. I was quietly advised not to produce too many reports that went against ACC thinking. I stopped writing these reports, choosing the loss of money over the loss of integrity.

Why did we have to write reports favourably for the ACC? If we did not, the ACC's case managers would simply take their business elsewhere. The commercial incentive was clear. That taught me something very important: the ACC system rewards compliance and discourages challenges.

The Reality of These Environments

I always advise people to get legal or paralegal aid when entering a review. Ideally, have that professional at meetings and hearings. Here is why:

The claimant is the amateur in the room.

The ACC and its proxies are professionals. They deal with these disputes every day. They have legal teams, medical specialists, investigators, unlimited time, and almost unlimited resources. The playing field is far from level.

The ACC controls the investigations. They appoint the experts. They set the rules. They are the jury and they are the judge. Anyone entering a review without proper support is doing so at a disadvantage.

How the Review System Works in Practice

These agencies will make a reassessment of the ACC's decision. They will examine whether the earlier decision was correct and reasonable under the Accident Compensation Act.

They do not have the authority of a court. They cannot impose penalties, cannot establish precedent, and cannot force systemic change.

Most importantly:

• They depend on ACC contracts for their livelihood

• Their continued existence relies on a good working relationship with ACC

Independence is theoretical at best. Practical independence is another matter.

What True Independence Would Look Like

It would require:

• Neutral funding

• Statutory protections

• Governance beyond ACC influence

• Transparent appointment of reviewers

• The ability to criticise ACC without risk of losing business

None of the current services meet those standards.

What Claimants Should Do

If you appeal an ACC decision:

• Get expert representation

• Avoid informal agreements that weaken your position

• Document everything

• Treat the process as adversarial, not a friendly problem-solving exercise

• Do not assume the reviewer is on your side

If mediation or review fails, the District Court and High Court exist for a reason. Some cases need to go that far.

Conclusions

I do not say this to discourage people. I say it because injured people deserve honesty. A person seeking justice must understand the system they are entering. The ACC dispute process is dressed in the language of independence. In practice, it is very much a controlled environment.

If a person wants a fair outcome for a complex medical case or long term injury, they must enter the arena prepared, supported, and informed.

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