Accident Insurance Regulator

Historical Context

The Accident Insurance Act 1998 established the role of the Accident Insurance Regulator - responsible for ensuring that the law and regulations are adhered to in relation to the competitive provision of workplace accident insurance between 1 July 1998 and 1 July 2000.

Since the return to a single public accident insurance scheme (the ACC) on 1 July 2000, the Regulator's role is greatly reduced. However, the existence of a small number of active claims from 1 July 1998 to 1 July 2000 means that the Regulator is still required to monitor claims and investigate complaints relating to these claims from time to time.

Role and function

In general, the role of the Regulator was to ensure that:

• Employers, self-employed people, and private domestic workers met their obligations under the Act;
• Registered insurers met their obligations under the Act;
• Injured employees received their entitlements regardless of any failure on their employer's part to enter into an accident insurance contract - or if the employer's insurer becomes insolvent; and
• Registered insurers and ACC provided appropriate information so that a comprehensive database of contract, claim, and injury statistics was maintained.

The function of Regulator currently resides with the Department of Labour and is delivered through the Occupational Safety and Health Service.

Complaining to the Regulator

The Regulator will investigate complaints relating to private workplace accident insurance claims that occurred between 1 July 1998 and 1 July 2000. Complaints about claims lodged with ACC should be made to ACC directly.

Claimants

You can complain to the Regulator when:

• Your employer's insurer has refused to receive and / or action a claim within the time provisions set out in the Act;
• Your employer's insurer hasn't provided you with your review rights; and
• Your employer's insurer hasn't paid you your statutory entitlements.

Employers

You can complain to the Regulator when:

• An insurer has made the employer responsible for a claim that the employer does not consider to be work-related;
• An insurer has not paid statutory entitlements or provided the claimant with their review rights.

Treatment providers

You can complain to the Regulator when:

• An insurer has refused to receive and / or action a claim within the time provisions set out in the Act.

The Regulator does not become involved in disputes between employers and insurers in regard to the terms and conditions of individual insurance contracts.

Contact

For general enquiries about accident insurance, contact ACC.

For complaints or matters concerning employer obligations and insurer obligations under the Accident Insurance Act 1998, you can contact the Office of the Accident Insurance Regulator at: regulator@dol.govt.nz

or by writing to:
          The Accident Insurance Regulator
          PO Box 717
          WELLINGTON

or by phoning:
          04 915 4535