Telecommunications Act 2001

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

155ZL: Procedure on appeal

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

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If you want to appeal a decision under section 155ZK, you must follow the court's rules. You have to appeal within 5 working days after you are told about the decision, or the court can give you more time if you ask for it. The group that made the decision you are appealing cannot send someone to represent them at the appeal hearing.

The court can look at all the information and hear from anyone involved in the appeal if they think it is relevant. The court can consider information that might not normally be allowed in court.

When you appeal, the court will make a decision and they cannot send the decision back to the group that made the original decision for them to look at again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7314771.


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

155ZLProcedure on appeal

  1. An appeal under section 155ZK must be brought and determined in accordance with the rules of court, except that—

  2. an appeal must be brought within 5 working days after the determination appealed against is notified to the party wanting to lodge the appeal, or any further time the court allows on an application made before or after that period ends; and
    1. the dispute resolution scheme, as the maker of the determination appealed against, is not entitled to be represented at the hearing of the appeal; and
      1. the court on appeal may not refer the determination back to the dispute resolution scheme for any purpose.
        1. The court may hear all evidence provided and representations made by or on behalf of any party to the appeal that the court considers relevant to the appeal, whether or not the evidence would be admissible in a court.

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