Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698938080588.pdf (New Zealand)
Reprint as at 1 June 2017 Accident Compensation (Review Costs and Appeals) Regulations 2002 (SR 2002/81) Regulations name: amended, on 1 June 2017, by regulation 4(1)(a) of the Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017 (LI 2017/72).
Silvia Cartwright, Governor-General Order in Council At Wellington this 25th day of March 2002 Present: Her Excellency the Governor-General in Council Pursuant to section 328 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents Title Commencement Interpretation Scale of costs and expenses on review Awards of costs and expenses on review Page 2 2 2 3 1 2 3 4 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.
1 r 1 Accident Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 June 2017 Rules for conduct of appeals Part 18 of District Courts Rules 2014 excluded Notice of appeal Cross-appeals Period within which Corporation must make record available Judge may fix time and place for directions hearing in relation to appeal Directions related to hearing of appeal Registrar must give notice of decision on appeal Revocation Revocation Schedule 1 Scale of costs and expenses on review Schedule 2 Notice of appeal Regulations 4 4 4 4 4 5 5 5 6 7 1 Title These regulations are the Accident Compensation (Review Costs and Appeals) Regulations 2002.
Regulation 1: amended, on 1 June 2017, by regulation 4(2) of the Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017 (LI 2017/72).

Commencement These regulations come into force on 1 April 2002.
Interpretation In these regulations, unless the context otherwise requires,— Act means the Accident Compensation Act 2001 appeal means an appeal under section 149 of the Act registered specialist means a medical practitioner whose scope of practice in- cludes at least 1 of the following branches of medicine: (a) (b) (c) (d) (e) (f) anaesthetics: cardiothoracic surgery: dermatology: diagnostic radiology: emergency medicine: general surgery: 2 3 2 Reprinted as at 1 June 2017 Accident Compensation (Review Costs and Appeals) Regulations 2002 r 4 (g) (h) (i) (j) (k) (l) internal medicine: neurosurgery: obstetrics and gynaecology: occupational medicine: ophthalmology: orthopaedic surgery: (m) otolaryngology head and neck surgery: (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) paediatric surgery: paediatrics: pathology: plastic and reconstructive surgery: psychological medicine or psychiatry: public health medicine: radiation oncology: rehabilitation medicine: sexual health medicine: urology: venereology scope of practice has the same meaning as in section 5(1) of the Health Practi- tioners Competence Assurance Act 2003 specified registry means the District Court at Wellington.
Regulation 3 Act: amended, on 1 June 2017, by regulation 5 of the Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017 (LI 2017/72).

Regulation 3 registered specialist: substituted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 3 scope of practice: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Scale of costs and expenses on review 4 Awards of costs and expenses on review (1) A reviewer’s award under section 148 of the Act to an applicant for review or another person must be— (a) (b) only for the costs and expenses of an item described in column 1 of Schedule 1; and the only award to the applicant for review or other person for those costs and expenses.
(2) The amount of the reviewer’s award for costs and expenses of an item de- scribed in column 1 of Schedule 1 must— 3 r 5 Accident Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 June 2017 (a) (b) not exceed the amount specified (opposite the description) in column 2 of that schedule; and be calculated in accordance with the rate (if any) specified (opposite the description) in column 3 of that schedule.
(3) Amounts and rates specified in Schedule 1 are inclusive of goods and services tax (if any).

Rules for conduct of appeals 5 Part 18 of District Courts Rules 2014 excluded Part 18 of the District Courts Rules 2014 (appeals to District Court) does not apply to an appeal.

Regulation 5: replaced, on 1 July 2014, by regulation 4 of the Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regulations 2014 (LI 2014/162).
6 Notice of appeal (1) A notice of appeal must— (a) (b) be in the form set out in Schedule 2; and have attached to it a copy of the decision appealed against.

(2) An appellant whose notice of appeal has been sent to or filed in the specified registry may, with the leave of the court, amend the grounds of appeal stated in the notice.
7 (1) (2) Cross-appeals This regulation applies if a notice of appeal is sent to or filed in the specified registry and a person (other than the appellant) intends to submit at the hearing of the appeal that the decision appealed against should be modified or quashed.
The person must, either within 30 working days after the day on which the no- tice of appeal was served or within any longer time allowed by the court, send to or file in the specified registry a notice of cross-appeal in the form set out in Schedule 2.

(3) Part 5 of the Act and these regulations apply accordingly with any necessary modifications.
Period within which Corporation must make record available The Corporation must provide items in accordance with section 154(1) of the Act within 20 working days after it receives the copy of the notice of appeal.

Judge may fix time and place for directions hearing in relation to appeal If a notice of appeal is sent to or filed in the specified registry, a Judge may fix a time and place for a directions hearing in relation to the appeal proceedings.
8 9 4 Reprinted as at 1 June 2017 Accident Compensation (Review Costs and Appeals) Regulations 2002 r 12 10 Directions related to hearing of appeal (1) At a directions hearing, a Judge may make any directions that appear best adapted to secure the just, expeditious, and economical disposal of the appeal proceedings.
(2) Without limiting the generality of subclause (1), the Judge may— (a) (b) (c) consult the parties as to the necessity for or desirability of the appoint- ment of medical or other assessors for the purposes of the appeal: obtain estimates of time for the duration of the hearing of the appeal: define the issues to be determined on the hearing of the appeal: (d) make any orders that the Judge considers necessary or appropriate under sections 159 and 160 of the Act.
11 Registrar must give notice of decision on appeal (1) On the determination of an appeal under section 161 of the Act, the Registrar of the court must give a copy of the court’s decision to— (a) (b) the appellant; and each person who, in accordance with section 155(1) of the Act, was en- titled to appear at the hearing of the appeal.
(2) After the time for lodging an appeal against the court’s decision has expired, the Registrar of the court must give to the Corporation any documents forwar- ded to the Registrar under section 154(1) of the Act.

Revocation Revocation The Accident Insurance (Review Costs and Appeals) Regulations 1999 (SR 1999/164) are revoked.
12 (1) (2) Despite their revocation by subclause (1), the Accident Insurance (Review Costs and Appeals) Regulations 1999 continue to apply for the purposes of sec- tion 342(2)(b) of the Act.

5 Schedule 1 Accident Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 June 2017 Schedule 1 Scale of costs and expenses on review Schedule 1: replaced, on 1 June 2017, by regulation 6 of the Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017 (LI 2017/72).
r 4 Section 148, Accident Compensation Act 2001 Maximum award ($) Rate ($) 136.35 68.18 409.07 409.07 1,090.84 545.42 818.12 681.77 204.53 34.08 per 15 minutes 17.05 per 15 minutes 204.53 51.13 per 15 minutes 34.08 per 15 minutes 178.78 0.29 per kilometre for private transport Item Applicant’s or another person’s representation (awards for items in this category may be made in respect of 1 representative only)— (a) (b) preparation and lodging of application for review under section 135 participation in a case conference on behalf of applicant or another person before review hearing other preparation of case for review appearance at hearing on behalf of applicant or another person— (i) (ii) first hour of hearing (or part thereof) second hour of hearing (c) (d) (iii) later hours of hearing All relevant and reasonably necessary reports for applicant or another person by any registered specialists (as defined by regulation 3) All relevant and reasonably necessary reports prepared for applicant or another person by 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)— (a) (b) at the following rates: (a) (b) first hour (or part thereof) of preparation second hour of preparation if only 1 report is provided if 2 or more reports are provided (c) third hour of preparation Other expenses reasonably incurred by applicant or another person, or on behalf of an applicant or other person, associated with a hearing (for example, transport to a hearing or time off work for an applicant, another person, a representative, or a witness or support person such as whānau support; disbursements such as photocopying, childcare, or telephone charges)— for transport within this category 6 Reprinted as at 1 June 2017 Accident Compensation (Review Costs and Appeals) Regulations 2002 Schedule 2 In the District Court at Wellington Schedule 2 Notice of appeal rr 6, 7 Under In the matter By No / the Accident Compensation Act 2001 of an appeal against either a review decision under section 145 or 146 or a decision as to an award of costs and ex- penses under section 148 [full name] of [address] Appellant Notice of appeal to District Court Section 151, Accident Compensation Act 2001 Take notice that the appellant appeals against a decision made under section [either section 145 or 146 or 148] of the Accident Compensation Act 2001 on an application for review.
Part 1—Decision appealed against The review was heard at [location] on [day/month/year] by [reviewer].

[The review decision under section 145 or 146 or the decision as to an award of costs and expenses under section 148] was given by the reviewer on [day/month/year].

The appellant appeals against the following aspects of the decision: Part 2—Grounds The appellant bases this appeal on the following grounds: [for example, That the decision appealed against includes the following mistakes of fact or law:].
Part 3—Relief sought The appellant seeks the following orders: [for example, That the review decision be modified in the following respects: or That the review decision be quashed and— (a) (b) the Corporation’s decision endorsed: or the Corporation be required to take the following action: or another review be conducted in accordance with the following directions: or (c) That the decision as to an award of costs and expenses be either— (a) modified in the following respects: or 7 Schedule 2 Accident Compensation (Review Costs and Appeals) Regulations 2002 Reprinted as at 1 June 2017 quashed with the following effects:].
(b) A copy of the decision appealed against is attached to this notice of appeal as required by regulation 6(1)(b) of the Injury Prevention, Rehabilitation, and Compensation (Re- view Costs and Appeals) Regulations 2002.

Appellant’s signature: .................................................

Dated: [day/month/year].


Appellant’s address for service: Appellant’s telephone number: Schedule 2: amended, on 1 June 2017, by regulation 7 of the Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017 (LI 2017/72).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 28 March 2002.

Marie Shroff, Clerk of the Executive Council.


8 Reprinted as at 1 June 2017 Accident Compensation (Review Costs and Appeals) Regulations 2002 Notes Reprints notes 1 General This is a reprint of the Accident Compensation (Review Costs and Appeals) Regulations 2002 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017 (LI 2017/72) Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regu- lations 2014 (LI 2014/162) Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(3) Wellington, New Zealand: Published under the authority of the New Zealand Government—2017 9