Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Dispute resolution process

155ZK: Appeals against determinations

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"Challenging a decision: how to appeal to the court"

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If you are not a member of the scheme and you are involved in a dispute, you can appeal to the District Court against a determination within the time allowed under section 155ZL(1). The court will then look at the decision that was made and can choose to confirm it, modify it, or reverse it. The court's decision on the appeal is final and applies to all parties involved in the determination, and you cannot appeal against the court's decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7314770.


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155ZJ: Determinations binding on members and certain other parties, or

"You must follow the decision made about a dispute, unless a court changes it."


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155ZL: Procedure on appeal, or

"What to do if you want to appeal a decision made by someone else"

Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Dispute resolution process

155ZKAppeals against determinations

  1. A party to the dispute that is not a member of the scheme may, within the time allowed under section 155ZL(1), appeal to the District Court against a determination.

  2. The court may confirm, modify, or reverse the decision appealed against.

  3. The decision of the court on the appeal is binding on all persons named as parties in the determination, and there is no right of appeal against the court’s decision.

Notes
  • Section 155ZK: inserted, on , by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).