In December 2023, the Court of Appeal issued a ruling in the ACC v TN case, clarifying when survivors of sexual abuse can qualify for financial entitlements if they’re unable to work or study or have a permanent impairment. The court ruled that people who suffer a mental injury from sexual abuse are eligible for financial support based on the date of mental injury suffered (DMIS), which for most people is when their sexual abuse or assault event occurred or sometime close to that date. Previously, requests for financial support were based on when a person first received treatment.  

It’s important to note that the court decision is about financial compensation and doesn’t impact cover or access to treatment.  

Below is more information here from ACC:

What the TN Court of Appeal ruling means for kiritaki

What this means for providers

To help providers understand this change, ACC hosted two online drop-in sessions on the 11th and 12th September 2025.

As a result of the TN court ruling, ACC  has added a couple of questions to the Specialist Cover Assessment report. These questions will help us determine the date of mental injury suffered and will need to be completed for all persons who require a Specialist Cover Assessment. ACC will provide guidance about this change in the Sensitive Claims Service Report Guidelines. The revised Specialist Cover Assessment report and Report Guidelines will be available on ACC’s website by 29 September 2025.  

ACC has  a new educational video that provides guidance about how to complete a Specialist Cover Assessment.

Working under the Sensitive Claims Service

If a person wants to request financial entitlements or have questions about how the ruling impacts them, refer them to ACC, and their recovery team member or ask them to call ACC so we can have those discussions.  

Phone: 0800 735 566

For further information, please contact nzoffice@ranzcp.org, and we’ll do our best to connect you to the people with the most up to date information.