TI01- Acknowledge and Extension combined and related documents

Anon made this Official Information request to Accident Compensation Corporation

Accident Compensation Corporation did not have the information requested.

From: Anon

Dear Accident Compensation Corporation,

This is a request for a copy of ACC's TI01- Acknowledge and Extension combined- claimant template document and all processes, policies, guidelines, rules, and/or other information that indicates when ACC should use the ACC TI01 template letter.

This is also a request for the number of instances in which ACC issued a TI01 letter over the last 10 years, or any other acknowledgement letter which wrongly states the legislative timeframe for ACC to make a decision on a claim.

(e.g., Section 57 of the Act states that ACC has 2 months to investigate a claim and make a decision, not 4 months.)

Yours faithfully,

An

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From: Government Services
Accident Compensation Corporation

Kia ora

 

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From: Government Services
Accident Compensation Corporation


Attachment GOV 029412 Appendix.pdf
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Attachment GOV 029412 Response.pdf
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Kia ora

Please find attached our response to your official information request
dated 6 December 2023. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.

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Ngâ mihi

Sara Freitag (she/her)
Manager | OIA Services

' 027 973 7330
* PO Box 242, Wellington 6011

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------------------- Original Message -------------------
From: Anon <[FOI #25055 email]>;
Received: Wed Dec 06 2023 15:25:37 GMT+1300 (New Zealand Daylight Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - TI01- Acknowledge and Extension
combined and related documents

[You don't often get email from
[FOI #25055 email]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]

Dear Accident Compensation Corporation,

This is a request for a copy of ACC's TI01- Acknowledge and Extension
combined- claimant template document and all processes, policies,
guidelines, rules, and/or other information that indicates when ACC should
use the ACC TI01 template letter.

This is also a request for the number of instances in which ACC issued a
TI01 letter over the last 10 years, or any other acknowledgement letter
which wrongly states the legislative timeframe for ACC to make a decision
on a claim.

(e.g., Section 57 of the Act states that ACC has 2 months to investigate a
claim and make a decision, not 4 months.)

Yours faithfully,

An

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From: Anon

Dear Government Services,

Please provide me with the reference to the case law that states ACC has 4 months to investigate and make a decision on a complicated claim. Section 57 of the Act clearly states ACC has 2 months to make it's first decision.

(2) The Corporation must take the following steps as soon as practicable, and no later than 2 months, after the claim is lodged:
(a) investigate the claim—
(i) at its own expense; and
(ii) to the extent reasonably necessary to enable it to take the following steps in this subsection; and
(b) either—
(i) make its decision on the claim and give notice of it under section 64; or
(ii) decide that it cannot make its decision on the claim, or any other decision, without additional information, and tell the person of the extension, which must not exceed 2 months, that will be required.

ACC cannot make a decision to extend the time-frame before first commencing an investigation. I also reference ACC's internal documents which are available through ACC's website,
cover-timeframes-policy-request-response-gov-006562, which include:
- Timeframes to Determine Cover Policy
- Extend Cover Decision Timeframe Policy
- Deemed Cover Decisions When Timeframes Not Met Policy

Which all state that a decision must be made within 2 months, and only after "you’ve made a genuine attempt to investigate the claim within the original timeframe". [See Extend Cover Decision Timeframe Policy at 1(a)].

Thus, please provide me with the reference to the higher authority that allowed ACC to circumvent the requirements under section 57 of the Act, which requires ACC to conduct an investigation prior to extending the legislative time frame, and effectively rewrite the law.

Yours sincerely,

Anon

Link to this

From: Anon

Dear Government Services,

Please provide me with the reference to the case law that states ACC has 4 months to investigate and make a decision on a complicated claim. Section 57 of the Act clearly states ACC has 2 months to make it's first decision.

(2) The Corporation must take the following steps as soon as practicable, and no later than 2 months, after the claim is lodged:
(a) investigate the claim—
(i) at its own expense; and
(ii) to the extent reasonably necessary to enable it to take the following steps in this subsection; and
(b) either—
(i) make its decision on the claim and give notice of it under section 64; or
(ii) decide that it cannot make its decision on the claim, or any other decision, without additional information, and tell the person of the extension, which must not exceed 2 months, that will be required.

ACC cannot make a decision to extend the time-frame before first commencing an investigation. I also reference ACC's internal documents which are available through ACC's website,
cover-timeframes-policy-request-response-gov-006562, which include:
- Timeframes to Determine Cover Policy
- Extend Cover Decision Timeframe Policy
- Deemed Cover Decisions When Timeframes Not Met Policy

Which all state that a decision must be made within 2 months, and only after "you’ve made a genuine attempt to investigate the claim within the original timeframe". [See Extend Cover Decision Timeframe Policy at 1(a)].

Thus, please provide me with the reference to the higher authority that allowed ACC to circumvent the requirements under section 57 of the Act, which requires ACC to conduct an investigation prior to extending the legislative time frame, and effectively rewrite the law.

Yours sincerely,

Anon

Link to this

From: Government Services
Accident Compensation Corporation


Attachment GOV 030289 Response.pdf
200K Download View as HTML


Kia ora Anon
Please find attached our response to your official information request
dated 25 January 2024. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternati... give us a
call on 0800 101 996.
If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download the latest version of
this freeware please click [3]here. 
Ngâ mihi

Christopher Johnston (he/him)
Manager | OIA Services

* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

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