These set out the agreement we have with you and the terms of service. You will need to agree with these terms before we appoint your advocate and arrange your introductory meeting with your advocate.
Scope of Services
We will provide you with advocacy services. We will start with a consensus-based dispute resolution process with the Accident Compensation Corporation. If this does not result in resolution and we both agree, we can provide advocacy services through the formal review hearing.
We do not provide legal services and will not represent you in any appeal. This means we will not represent you at appeal in the District Court unless a separate agreement is reached.
Costs to you for our fees
Our fees are based on the time and expertise required to resolve your dispute and the circumstances of your case. We will spend up to three hours meeting with you and preparing your case for conciliation. We will spend up to two hours at conciliation with ACC.
We will provide these advocacy services on a conditional fee basis. This means you will be liable to pay fees, expenses, and disbursements equal to the review costs and appeal regulations that are in force. A schedule of the current fees is set out in regulations. Specific examples of current fees, expenses and disbursements are set out below at Appendix 1, including any pilots of new services that you may be eligible to participate in.
The two conditions that make this fee payable are: (1) that it is determined that you acted reasonably in lodging a review application, or (2) that you terminate the agreement without our consent.
If it is determined by ACC, a reviewer, or a court that you acted reasonably in lodging the review application, we will send the invoice for our services directly to ACC who will pay us directly. If you terminate the agreement, then we will send the invoice directly to you.
You will not be liable to pay any fees if it is finally determined that you did not act reasonably in applying for a review.
For the avoidance of doubt, this agreement covers our work for up to five hours. If you ask us to do further work beyond this, or more work after the conciliation has concluded, we will need to enter into a new agreement for you to pay us on an hourly basis. The hourly rates for our advocates range between $200 per hour and $460 per hour.
No recordings
We agree that neither of us will make or permit any other person to make any audio-visual recording of the advocacy process.
Confidentiality
We will maintain the confidentiality of your information, with the following exceptions: if we have reason to believe that any person is in danger of harm, if we need to obtain privileged legal advice, or if disclosure is required by a court order or by law.
Conflict of Interest
We will check for any conflicts of interest and if none are found that would prevent us from advocating for you, we will continue. If a conflict arises during our advocacy we will notify you immediately.
Termination of Services
You may terminate the use of our services at any time. We may also terminate our services for any reason for example, if a conflict of interest arises, or if you fail to cooperate with us or follow our advice on a material matter.
Your assistance in obtaining and providing information
You will take all reasonable steps to assist us by obtaining information and providing this to us in a timely manner. This can include contacting your treatment providers, employers, and anyone else who holds relevant information and making sure this is provided to us.
Use of information
We will comply with relevant privacy and confidentiality requirements. We collect, hold, and use information about pathways through dispute resolution processes and outcomes. This is to support transparency, accountability, and system improvement, and to fulfill the requirements of the Government Centre for Dispute Resolution Standards.
Governing Law
This agreement is governed by the laws of New Zealand. Please sign and return the enclosed copy of this letter to indicate your understanding and acceptance of these terms.