Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client has had their accident compensation cover declined or their ongoing entitlements suspended by the Accident Compensation Corporation (ACC) in New Zealand. This guide is used by claimant advocates and lawyers to navigate the statutory dispute process, compile clinical evidence, and secure critical rehabilitative and financial support. It assists practitioners in preparing and lodging review applications and representing clients at independent review hearings.
Jurisdiction: New Zealand Accident Compensation Corporation independent review framework (national registries). This parent plan covers the administrative review pathway. Subsequent appeals to the District Court are covered in the fork below.
The Process at a Glance: The process begins with auditing the Corporation's decline decision and triaging the medical and factual grounds of the dispute. The advocate gathers clinical records, diagnostic reports, and specialist statements to challenge the decline. A formal review application is lodged with the Corporation within the three-month statutory window. The parties may engage in early dispute resolution or mediation to settle the dispute without a hearing. If unresolved, the independent review organisation schedules a case conference to define the issues and set a hearing date. The reviewer conducts the formal hearing, evaluates the evidence, and issues a binding written decision within twenty-eight days.
Use this plan when an administrative review decision is unsuccessful and the claimant wishes to appeal the determination to the District Court under the Accident Compensation Act 2001. This guide is used by lawyers and litigation support staff to prepare pleadings, file notice of appeal at the specified registry, monitor the Corporation's record delivery, and prepare for directions and substantive hearings before a Judge.
Key Legislation and Case Law: Accident Compensation Act 2001 - primary legislation. Key provisions: s 21 (mental injury caused by physical injury); s 21B (work-related mental injury); s 25 (definition of accident); s 26 (personal injury cover); s 27 (mental injury from specified criminal acts); s 30 (work-related gradual process); s 32 (treatment injury cover); s 38 (treatment injury exclusions); s 68 (elective surgery funding); s 100-107 (vocational independence assessments); s 135 (three-month review lodging window); s 135A (ADR pause); s 146 (three-month deemed decision default); s 148 (review costs). Accident Compensation (Review Costs and Appeals) Amendment Regulations 2025 - establishes the transitional cost matrix (effective 27 November 2025). Key cases: [Aylward v Accident Compensation Corporation [2016] NZACC 035](https://www.nzlii.org/) - establishes material causation threshold in degenerative pre-existing conditions; [Watts v Accident Compensation Corporation [2016] NZACC 172](https://www.nzlii.org/) - confirms treatment omissions or delays constitute treatment injury progression.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Accident Compensation: Claim Review (Claimant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Accident Compensation cases, outlining the standard Administrative Appeal process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Causation Rule: Pre-existing degeneration does not defeat a claim if an acute force-based accident materially caused a structural or symptomatic clinical change (Aylward v Accident Compensation Corporation [2016] NZACC 035).
Treating specialist reports detailing immediate functional changes carry significant weight compared to paper-based assessments by the Corporation's medical advisors.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Statutory Rule: Under Section 135(2)(g) of the Accident Compensation Act 2001, a claimant can only apply for a review on the grounds of unreasonable delay after 21 days have passed since the date on which the claim for support was made.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Statutory Window: Section 135 sets a three-month limit for reviews. The Corporation may accept late applications under Section 135(3) if satisfied there was a 'reasonable excuse'. Note that this extension does not apply to employer-initiated reviews or levy disputes.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
ADR Pause: Under Section 135A of the Accident Compensation Act 2001, the statutory timeframe for lodging a review is suspended while the parties participate in an agreed ADR process.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.