Accident Compensation (Review Costs and Appeals) Amendment Regulations 2025
2025/240
Accident Compensation (Review Costs and Appeals) Amendment Regulations 2025
Cindy Kiro, Governor-General
Order in Council
At Wellington this 28th day of October 2025
Present:
Hon David Seymour presiding in Council
These regulations are made under section 328 of the Accident Compensation Act 2001—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for ACC.
Contents
Regulations
1 Title
These regulations are the Accident Compensation (Review Costs and Appeals) Amendment Regulations 2025.
2 Commencement
These regulations come into force on 27 November 2025.
3 Principal regulations
These regulations amend the Accident Compensation (Review Costs and Appeals) Regulations 2002.
4 Regulation 3 amended (Interpretation)
(1)
In regulation 3, insert in their appropriate alphabetical order:
category A review means a review that is not a category B review
category B review means a review of significantly greater than standard complexity
lawyer has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006
(2)
In regulation 3, revoke the definitions of registered specialist and scope of practice.
5 New regulation 3A inserted (Transitional, savings, and related provisions)
After regulation 3, insert:
3A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
6 Regulation 4 amended (Awards of costs and expenses on review)
Replace regulation 4(2) with:
(2)
The amount of the reviewer’s award for—
(a)
the costs and expenses of an item described in column 1 of Schedule 1 must not exceed the amount specified (opposite the description) in column 2 of that schedule; and
(b)
the costs of representation must be based on the following:
(i)
whether the representative is a lay advocate or a lawyer; and
(ii)
whether the reviewer decides that the review is a category A review or a category B review.
(2A)
The reviewer must consider the following matters when making a decision under subclause (2)(b)(ii):
(a)
the complexity of the issue or issues under review; and
(b)
the amount of evidence reasonably required to be submitted to resolve the issue or issues.
(2B)
The following matters may be relevant to the reviewer’s decision but will not be determinative:
(a)
the time spent working on the review by the following persons:
(i)
the reviewer; and
(ii)
the parties to the claim; and
(iii)
the representatives of the parties to the claim; and
(b)
how much evidence was submitted by the representatives; and
(c)
the length of any hearing; and
(d)
the skill and expertise of the representatives.
7 New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 1 of these regulations as the first schedule to appear after the last regulation of the principal regulations.
8 Schedule 1 replaced
Replace Schedule 1 with the Schedule 1 set out in Schedule 2 of these regulations.
Schedule 1 New Schedule 1AA inserted
Schedule 1AA Transitional, savings, and related provisions
r 3A
Part 1 Provision relating to Accident Compensation (Review Costs and Appeals) Amendment Regulations 2025
1 Review arising from claim decision by Corporation before 27 November 2025
(1)
This clause applies to a review arising from a decision.
(2)
An award of costs and expenses under section 148 of the Act in relation to the review must be made in accordance with these regulations as in force immediately before 27 November 2025.
(3)
For the purposes of this clause, decision means a decision on a claim made by the Corporation before 27 November 2025.
Schedule 2 Schedule 1 replaced
Schedule 1 Scale of costs and expenses on review
r 4
| Category |
Maximum award ($) |
||
|---|---|---|---|
Representation costs: The actual and reasonably necessary costs associated with engaging lay advocate(s) or lawyer(s) to prepare for, and attend, a hearing. An award in this category may be made only in respect of 1 of the following 4 types of review and once per review, regardless of the number of representatives: |
|||
Lay advocate |
|||
(a)category A review |
1,050 | ||
(b)category B review |
2,100 | ||
Lawyer |
|||
(a)category A review |
2,100 | ||
(b)category B review |
4,200 | ||
|
Medical and other evidential reports: Costs associated with obtaining relevant and reasonably necessary medical and other evidential reports from a person with a recognised qualification to express a competent view on a matter in issue (for example, a person undertaking an occupational assessment, an architect, or a general medical practitioner) that an applicant may require to support their case. Awards in this category may be made only in respect of actual and reasonably necessary costs. The maximum award for this category is for the entire review (not per report). |
4,150 | ||
|
Other expenses: Other expenses that are reasonably necessary and incurred by an applicant or another person, or on behalf of an applicant or another person, associated with a hearing (for example, transport to a hearing or time off work for an applicant, another person, a representative, or for a witness, a support person, or whānau support; disbursements such as photocopying, child care, or telephone charges). Transport expenses covered by regulations 8 and 11 of the Accident Compensation (Ancillary Services) Regulations 2002 are to be paid in accordance with those regulations as if, for the purpose of regulating transport expenses, those regulations applied to a hearing. The maximum award for this category is for all expenses associated with a hearing. |
1,500 | ||
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations but is intended to indicate their general effect.
These regulations, which come into force on 27 November 2025, amend the Accident Compensation (Review Costs and Appeals) Regulations 2002 (the principal regulations).
The principal regulations provide for awards of costs and expenses to an applicant for review of a claim decision by the Accident Compensation Corporation (ACC) and other persons (such as a medical professional or a representative).
These regulations increase the amounts that may be awarded. The increase is intended to ensure that the amounts that may be reimbursed provide applicants and other persons with a meaningful contribution to their costs and expenses in light of inflation and wage growth since the principal regulations were last updated.
These regulations reduce the number of cost categories from 14 to 3. This is intended to make it easier for applicants, other persons, and reviewers to understand the regulations and to apply for reimbursement. The new cost matrix (which will be set out in new Schedule 1 of the principal regulations) will allow ACC to vary reimbursement amounts paid based on the complexity of a particular review.
These regulations also remove the distinction between registered specialists and other persons with a recognised qualification. This change is intended to improve applicants’ access to any reports they may require as part of the review process.
These regulations provide that transport expenses associated with attendance at a hearing by an applicant and their support person are to be paid in accordance with the Accident Compensation (Ancillary Services) Regulations 2002.
Finally, these regulations insert new Schedule 1AA, which sets out a transitional provision. New Schedule 1AA provides that, if a review arises from a decision on a claim made by ACC before these regulations come into force, any reviewer’s award of costs and expenses under section 148 of the Accident Compensation Act 2001 to the applicant for a review or another person is payable in accordance with the principal regulations as in force before 27 November 2025.
Date of notification in Gazette: 30 October 2025.
These regulations are administered by the Ministry of Business, Innovation, and Employment.