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Accident Compensation Act 2001

Miscellaneous provisions - Regulation-making powers

328: Regulations relating to reviews and appeals

You could also call this:

“Rules for challenging ACC decisions and appealing them in court”

For Part 5 of the Accident Compensation Act 2001, the Governor-General can make rules about reviews and appeals. These rules can be about how to conduct reviews, how to file notices in the District Court for appeals, and what form the notice of appeal should take.

The Governor-General can also set a fee that you need to pay when you file an appeal. They can define which registry you should send or file your appeal notices to, and make rules about how appeals should be conducted.

The Governor-General can also set a scale of costs for section 148 of the Act. This means they can decide how much money can be awarded for costs in certain situations.

These regulations are considered secondary legislation. This means they need to follow specific rules about how they are published, which you can find in Part 3 of the Legislation Act 2019.

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Part 9 Miscellaneous provisions
Regulation-making powers

328Regulations relating to reviews and appeals

  1. For the purposes of Part 5, the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—

  2. prescribing rules for the conduct of reviews:
    1. prescribing rules for the lodging of notices in the District Court relating to appeals:
      1. prescribing the form of a notice of appeal:
        1. prescribing a fee that must accompany a notice of appeal:
          1. defining specified registry for the purposes of sending or filing notices of appeal:
            1. prescribing rules for the conduct of appeals:
              1. prescribing a scale of costs for the purposes of section 148.

                1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 328(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 328(1)(ca): inserted, on , by section 4 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 328(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
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