Plain language law

New Zealand law explained for everyone

Accident Compensation Act 2001

Transitional provisions relating to entitlements provided by Corporation (but not under Part 10) - Revision of decisions under former Acts

390: Corporation may revise decisions

You could also call this:

“ACC can fix mistakes in its past decisions”

You should know that the Accident Compensation Corporation (ACC) can change decisions it made before this law came into effect if it thinks those decisions were wrong. This includes decisions about ACC claims and how much people pay for ACC cover.

ACC can change decisions it made, and also decisions other people made about claims that ACC is now in charge of. When ACC changes a decision, it has to use the rules that were in place when the original decision was made.

ACC can also change its mind about accepting a claim if it was accepted automatically because of an old law. However, if ACC does this, it usually can’t make you pay back any money it gave you before it changed its mind. The only time ACC can ask for money back is if you lied or gave misleading information on purpose.

When ACC changes a decision, it can either change part of it or completely replace it with a new decision. Any changes or new decisions are treated as brand new decisions.

If ACC changes a decision using these rules, you have the same rights to challenge or appeal the new decision as you would with any other ACC decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104520.

Topics:
Health and wellbeing > Healthcare services Work and jobs > Worker rights Work and jobs > Workplace safety
Previous

389: Disentitling sections apply, or

"Rules that might stop you from getting some benefits"

Next

391: Review and appeal proceedings for decisions under former Acts, or

"How to review or appeal old accident compensation decisions"

Part 11 Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
Revision of decisions under former Acts

390Corporation may revise decisions

  1. The Corporation may revise any decision specified in subsection (2) if it appears to the Corporation that the decision was made in error, whatever the reason for the error.

  2. The decisions are the following decisions made before the commencement of this Act:

  3. decisions made by the Corporation (including decisions about premiums):
    1. decisions not made by the Corporation, but made in respect of claims that the Corporation is responsible for managing.

      1. In revising a decision, the Corporation must apply the Act that applied at the time when the decision being revised was made.

      2. The Corporation may revise a decision that, by operation of section 66(1) of the Accident Insurance Act 1998, it has accepted a claim.

      3. However, if the Corporation issues a decision in reliance on subsection (4), the Corporation may not recover from the claimant any payments made by it, in respect of the claim, before the date of the revision unless the claimant made statements or provided information that are, in the opinion of the Corporation, fraudulent or intentionally misleading.

      4. A revision may—

      5. amend the original decision; or
        1. revoke the original decision and substitute a new decision.

          1. Every amendment to a decision, and every substituted decision, is a fresh decision.

          2. Part 5 applies to every fresh decision made under this section.

          OSZAR »