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Civil Defence Emergency Management Act 2002

Powers in relation to civil defence emergency management

77: Appeal against requirement to give information

You could also call this:

"You can appeal to court if you think you're being unfairly asked to give information."

If you are asked to give information under section 76, you can appeal to the District Court if you think it's unreasonable. You can appeal because you think the requirement to give information is not fair. The appeal must be brought within 10 working days after you were asked to give the information, or within any further time the District Court allows.

When you appeal, the court will look into the circumstances of why you were asked to give the information. The court can then change, cancel, or confirm the requirement to give the information. If you appeal, you don't have to give the information until the court makes a decision.

The court's decision will depend on what they find out about the requirement to give the information.

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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=DLM150790.

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Part 5Powers in relation to civil defence emergency management

77Appeal against requirement to give information

  1. A person who is required to give information under section 76 (including as applied and modified by section 94I(2)) may appeal to the District Court on the grounds that the requirement is unreasonable.

  2. The appeal must be brought within 10 working days after the date on which the requirement to give information was imposed, or within any further time that the District Court may allow.

  3. The court must inquire into the circumstances of the requirement and may vary, rescind, or confirm it.

  4. An appeal against a requirement to give information operates as a stay of the requirement.

Notes
  • Section 77(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 77(1): amended, at 9.59 pm on , by section 23 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
  • Section 77(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).