Establishing a personal injury commissioner and other changes are needed to help hundreds of thousands of injured New Zealanders whose claims are declined each year by ACC, new research has found.
The research, published today, was undertaken through the University of Otago's Legal Issues Centre and backed by a $150,000 grant from the Law Foundation.
The report also urges change in the way ACC determines injury causation.
The authors say ACC's sometimes "narrow, legalistic'' application of the causation tests - which determine whether ACC will help someone - excludes many legitimate claimants.
This is the latest in a series of reports, including by ACC claimant support group Acclaim Otago, which have highlighted barriers to justice facing ACC claimants.
Lead author Warren Forster said it was estimated between 200,000 and 300,000 New Zealanders were denied ACC cover, treatment or support each year, more than three times higher than ACC's own estimate of 70,000.
Lessons could be learned from New Zealand's Health and Disability Commissioner model and its use of independent health and disability advocates.
ACC's systems and policies were "incredibly complex and difficult to navigate'', making a personal injury commissioner necessary to help claimants.
"We need an institution that's an expert on ACC, but isn't controlled by ACC,'' he said.
Acclaim Otago spokeswoman Denise Powell said establishing a personal injury commissioner was crucial to ACC fully regaining its credibility with the public.
Further reform was needed to ensure that ACC was learning from "systemic'' issues which arose repeatedly in the 6000 review cases each year, she said.
