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Disputes Tribunal Act 1988

Rehearings and appeals

53: Powers of District Court Judge on appeal

You could also call this:

"What a District Court Judge can do when you appeal a decision"

Illustration for Disputes Tribunal Act 1988

When you appeal a decision to a District Court Judge, they can make several decisions. They can quash the order and order a rehearing of the claim in the Tribunal on certain terms. They can also quash the order and transfer the proceedings to the District Court for hearing. If the Judge orders a rehearing, they can give directions to the Tribunal on how to conduct it. The Judge can also vary the order or dismiss the appeal. You will have your appeal heard by a District Court Judge in chambers, and they will decide the procedure for the hearing. The Judge's decisions are made according to this Act and any rules made under it. You can find more information about the rules and procedures on the District Court Act 2016 and the Tribunals Powers and Procedures Legislation Act 2018 websites.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM134105.

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Topics:
Crime and justice > Courts and legal help
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Part 4Rehearings and appeals

53Powers of District Court Judge on appeal

  1. On the hearing of the appeal a District Court Judge may—

  2. quash the order or the approval or the variation, as the case may be, and order a rehearing of the claim in the Tribunal on such terms as the Judge thinks fit; or
    1. quash the order or the approval or the variation, as the case may be, and transfer the proceedings to the District Court for hearing; or
      1. vary the order, the approval, or the variation, as the case may be; or
        1. dismiss the appeal.

          1. In ordering a rehearing under subsection (1)(a), the Judge may give to the Tribunal such directions as the Judge thinks fit as to the conduct of the rehearing.

          2. An appeal under this section shall be heard by a District Court Judge in chambers and, subject to this Act and to any rules made under this Act, the procedure at any such hearing shall be such as the Judge may determine.

          Notes
          • Section 53(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 53(1)(ba): inserted, on , by section 58 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).