Nearly two years since the landmark Court of Appeal decision of TN vs ACC, the ACC has revealed how it will fully implement the ruling from September this year.

The TN ruling clarified when survivors of sexual abuse can qualify for financial entitlements if they’re unable to work or study. The court ruled that kiritaki (clients) 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 kiritaki first received treatment.  

How ACC is now implementing the ruling:

ACC has taken a phased approach to implementing the TN decision.   

In March 2023, they put in place interim guidelines that prioritised ensuring people who were not receiving any support could benefit from the ruling as soon as possible.

The next phase will begin in late September 2025 when they apply the full implications of the ruling for all new requests for entitlements, and those who have applied but not yet had a decision. 

What this means for kiritaki:

• Beginning on 29 September 2025, all sensitive claims kiritaki with new requests for financial entitlements will be determined based on the date of mental injury suffered. 
• Sensitive claims kiritaki who have requested a financial entitlement and are waiting for a decision from us may need to be reassessed for a different type of financial entitlement if their mental injury happened prior to turning 18. If kiritaki need to be reassessed, a recovery team member will contact them to explain the process.

There are no changes to existing financial entitlements, such as weekly compensation. The ruling also does not impact cover or access to treatment.  

ACC will begin contacting kiritaki who may be impacted by the ruling next year to help them understand what it means for them.

Changes to specialist cover assessment

The ACC has added a couple of questions to the Specialist Cover Assessment report to help determine the date of mental injury suffered. This will have to be completed for all kiritaki who require a Specialist Cover Assessment. 

To help providers understand this change, ACC is hosting two online drop-in sessions on 11 and 12 September 2025. Providers can register by please clicking on one of the links below:

Register for the 11 September drop-in session

Register for the 12 September drop-in session

ACC has also updated their Sensitive Claims Service Report Guidelines (see pages 28-29) and have developed new educational resources, including a video and fact sheet. These resources are available on the Working under the Sensitive Claims Service webpage.

 For questions or further information, contact nzoffice@ranzcp.org.