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Telecommunications Act 2001

Consumer matters - Dispute resolution schemes

244: Procedure on appeal

You could also call this:

"What happens when you appeal a decision about telecommunications"

Illustration for Telecommunications Act 2001

You can appeal a decision under section 243. You must do this within 5 working days. The court can allow more time if you ask for it. The court will follow its own rules for the appeal. You can give the court any evidence or representations you think are relevant. The court can hear anything it thinks is important, even if it's not normally allowed in court. The industry dispute resolution scheme cannot be represented at the appeal hearing. The court cannot send the decision back to the scheme for any reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134661.

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243: Appeals against determinations, or

"Challenging a decision in the District Court"

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"Following the rules of a dispute resolution scheme"

Part 7Consumer matters
Dispute resolution schemes

244Procedure on appeal

  1. An appeal under section 243 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 industry 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 industry 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 otherwise be admissible in a court.

        Compare
        Notes
        • Section 244: inserted, on , by section 36 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).