Hearing Process
Overview of the hearing process when an appeal is considered by the Social Security Appeal Authority.
Once you have filed your appeal with the Social Security Appeal Authority a copy will be sent to the Ministry of Social Development (MSD) or the Secretary for War Pensions (the Secretary), whichever is applicable.
MSD or the Secretary will send the Appeal Authority a report outlining the reasons for making their original decision.
Hearing notification
The Authority will advise you of the day and time your case is set down for hearing, which is usually within twelve weeks from the time you filed your appeal.
Hearing on the papers
If you prefer not to attend in person, the Appeal Authority can consider your appeal 'on the papers', basing their decision only on written submissions from all parties.
The Authority may still request that you attend a hearing in person in some cases.
Expenses
The Ministry or the Secretary will pay actual and reasonable travelling and accommodation expenses you may incur if the Appeal Authority requests you to appear at a hearing.
It is important to talk to MSD or VANZ about your travel requirements before the hearing.
Privacy
Hearings are informal and held in private. Details of your appeal can't be published without the approval of the Appeal Authority.
Hearing location
Hearings are usually held in Auckland, Wellington and Christchurch but are occasionally held elsewhere.
Who attends a hearing
- The three members of the Appeal Authority
- You and your lawyer or advocate (if any)
- The lawyer or Appeals Officer representing either MSD or the Secretary for War Pensions
What happens at the hearing
- You or your lawyer will present your case. You can call witnesses and MSD or the Secretary can ask questions of them.
- MSD or the Secretary presents their case. You may ask questions of any witnesses called.
- The Appeal Authority may ask you some questions.
- You will have the opportunity to make a final submission.
Free interpreter service
If you need an interpreter, ask the Appeal Authority at least two weeks before the hearing to arrange one for you. This service is free of charge.
Legal aid
If you use a lawyer you may be entitled to a legal aid grant to pay your legal costs. A lawyer, your local Citizens Advice Bureau, or Community Law Centre can advise you on this.
The decision
The Appeal Authority will issue a written decision approximately six weeks after the date of the hearing and you will be sent a copy.
If you are unhappy with the decision you can appeal the Authority's decision to the High Court on a question of law. That is, if you think the Authority got the law wrong when it made its decision.
