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District court case what same took ACC/Fairways/ reviewer to court

#1 User is offline   Dastadly 

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Posted 14 September 2019 - 11:35 AM

Hi all . Some time I read in a posting about some took ACC /Fairways/reviewer to court over reviewer not doing hearing as per Act. The judge stated it is still ACC roll to see hearings are done as per Act . And they can not on sell that by a pointing fairways .. Does any one know what the that case was???
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#2 User is offline   Alan Thomas 

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Posted 15 September 2019 - 03:29 PM

View PostDastadly, on 14 September 2019 - 11:35 AM, said:

Hi all . Some time I read in a posting about some took ACC /Fairways/reviewer to court over reviewer not doing hearing as per Act. The judge stated it is still ACC roll to see hearings are done as per Act . And they can not on sell that by a pointing fairways .. Does any one know what the that case was???


I don't know of the actual court case but of course that court case decision was absolutely correct.
It is amazing how subservient those who are easily socially engineered by the ACC really are. Very sad.

The ACC legislation has always been perfectly clear on this matter and there is no confusion.
I don't know why people choose to imagine that fairway resolution Ltd have any form of authority. After all their only duty is to provide the premises for a review hearing and the reviewer the cup of tea and a scorn.

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#3 User is offline   Dastadly 

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Posted 15 September 2019 - 08:56 PM

What happen 2 weeks had one of them phone review hearing . Before hearing started I said to reviewer I don't have the right file for this hearing. her word to that she feel I do .. Then I can you repeat that as I can not hear clear . Her words back ,I feel you can . Then I said I am recording this as she was . That hit she . Then she said she terminated the hearing and will give her decision and hung up her phone .. So the hearing was never start or held . I made complaint to ACC and come back and they cant look a complaints about reviewer .. I put to them ACC appoints the reviewer as per act there for it is still they roll to see things done as per act . So now I put in code review app to that . I still have the right to a fair hearing but there was never one for reviewer to give decision. B /shit
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#4 User is offline   Alan Thomas 

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Posted 25 September 2019 - 04:28 PM

View PostDastadly, on 15 September 2019 - 08:56 PM, said:

What happen 2 weeks had one of them phone review hearing . Before hearing started I said to reviewer I don't have the right file for this hearing. her word to that she feel I do .. Then I can you repeat that as I can not hear clear . Her words back ,I feel you can . Then I said I am recording this as she was . That hit she . Then she said she terminated the hearing and will give her decision and hung up her phone .. So the hearing was never start or held . I made complaint to ACC and come back and they cant look a complaints about reviewer .. I put to them ACC appoints the reviewer as per act there for it is still they roll to see things done as per act . So now I put in code review app to that . I still have the right to a fair hearing but there was never one for reviewer to give decision. B /shit


First of all did you consent to have a review hearing by phone?
Secondly you confirm to the reviewer that the facilities were not Fit for their purpose as you could not adequately communicate.
Upon discovering that the system was not adequate for its purpose the reviewer should have adjourned until they sorted out their technical problems.

What you should do now is make a complaint to the ACC that they have not yet Arranged for a review hearing in accordance with the criteria of legislation and that they only have three months from the date you first made the application for a review hearing for them to Make the necessary arrangements for hearing that does comply with legislation. Confirm that if they fail to make the necessary arrangement within the three months that the review application will default to a decision in your favour.
We affirm that you are not making a complaint against the reviewer but your complaint was the failure of the ACC to arrange a review hearing.
If you do not receive confirmation that the ACC is processed in the complaint then you should immediately make an application to the District Court for an appeal against the ACC's decision not to provide a review hearing in accordance with the legislated criteria.

This issue about the failure to provide judicial processes is far bigger than any issue that you may have been bringing before the reviewer.

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