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Telecommunications Act 2001

Enforcement - Enforcement of statutory and regulatory provisions - Civil infringement notice

156J: Decision on appeal

You could also call this:

"What happens when you appeal a decision about a fine or penalty to the District Court"

Illustration for Telecommunications Act 2001

If you appeal a decision about a civil infringement notice, the District Court must decide whether to dismiss or allow your appeal. When the District Court makes a decision, it will either dismiss your appeal or allow it. If the Court dismisses your appeal, you will have to pay the penalty stated in the notice.

If the District Court allows your appeal, it can change or cancel the penalty stated in the notice. The Court can also order a refund if you have already paid the penalty to the Commission or if it was recovered as a debt. This refund would happen if the appeal is allowed after the penalty was paid or recovered under section 156H.

The District Court's decision is final and you must follow its orders regarding the payment or refund of the penalty. You should be aware that the Court's decision will be based on the appeal you made under section 156I. The Court will make its decision according to the law and the information provided in your appeal.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127490.

Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
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156I: Right to appeal, or

"You can ask a court to review a decision if you disagree with a civil infringement notice."

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156K: Commission may publish information about issue of civil infringement notice, or

"The Commission can share details about who broke the rules and got a fine under the Telecommunications Act."

Part 4AEnforcement
Enforcement of statutory and regulatory provisions: Civil infringement notice

156JDecision on appeal

  1. The District Court must determine an appeal under section 156I by dismissing or allowing the appeal.

  2. If the District Court dismisses an appeal, the dismissal must be taken to be an order for the payment of the pecuniary penalty specified in the civil infringement notice to which the decision under appeal relates.

  3. If the District Court allows an appeal, it may make an order that the pecuniary penalty specified in the civil infringement notice to which the decision under appeal relates—

  4. is varied or cancelled; or
    1. is to be refunded to the person, if the appeal is allowed after the penalty was paid to the Commission or was recovered as a debt due to the Commission under section 156H.

      Notes
      • Section 156J: inserted, on , by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
      • Section 156J(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).