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Broadcasting Act 1989

Complaints - Appeals

18: Appeal against decision of Authority

You could also call this:

"Challenging a Decision Made by the Broadcasting Authority"

Illustration for Broadcasting Act 1989

You can appeal to the High Court if you disagree with a decision made by the Authority under section 11, section 13, or section 13A. You must give notice of appeal within one month of being told about the decision. The High Court will then hear and decide on your appeal. You can appeal the whole decision or just part of it. The court will consider your appeal as if the Authority had made the decision using their discretion. The court can confirm, change, or cancel the Authority's decision. The court procedure for your appeal will follow the rules of court. The court can also use any powers the Authority had when making the original decision. This means the court can make a new decision based on the information provided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM157444.

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Part 2Complaints
Appeals

18Appeal against decision of Authority

  1. Where the Authority makes—

  2. a decision under section 11; or
    1. a decision or order under section 13 or section 13A,—
        1. the broadcaster or the complainant may appeal to the High Court against the whole or any part of the decision or order.

      1. Repealed

      2. Every appeal under this section shall be made by giving notice of appeal within 1 month after the date on which the appellant was notified of the decision or order appealed against or within such further time as the High Court may allow.

      3. The court shall hear and determine the appeal as if the decision or order appealed against had been made in the exercise of a discretion.

      4. In its determination of any appeal, the court may—

      5. confirm, modify, or reverse the decision or order appealed against, or any part of that decision or order:
        1. exercise any of the powers that could have been exercised by the Authority in the proceedings to which the appeal relates.

          1. Repealed

          2. Subject to the provisions of this section, the procedure in respect of any appeal under this section shall be in accordance with rules of court.

          Notes
          • Section 18(1)(b): amended, on , by section 9 of the Broadcasting Amendment Act 1996 (1996 No 53).
          • Section 18(2): repealed, on , by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).
          • Section 18(3): amended, on , by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).
          • Section 18(6): repealed, on , by section 3 of the Broadcasting Amendment Act 2001 (2001 No 57).