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Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Appeals

102: Appeals against decision to suspend or cancel product approval or notification

You could also call this:

"Challenging a decision to stop a product being sold"

If the Director-General decides to suspend or cancel a notification of a product, you can appeal to the appeals committee against the decision. You have 60 days after the Director-General's decision to lodge the appeal, or you can ask the appeals committee for more time. The decision you are appealing against still applies unless the appeals committee says otherwise.

When you appeal, the appeals committee will hear the case again from the start. The committee can then confirm, reverse, or modify the original decision, or make a completely new decision that the Director-General could have made. The appeals committee can only look at the parts of the decision that you are appealing against.

If you are not happy with the appeals committee's decision, you can appeal to the High Court, but only if you think the committee made a mistake about the law, and you must follow the court's rules, as outlined in the rules of court, you can find more information about this process on the legislation.govt.nz website.

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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=LMS811010.

Topics:
Health and wellbeing > Public healthBusiness > Industry rules
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101: Record-keeping requirements for regulated products, or

"Keep records of the products you make or sell for three years, or you might get a fine."

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103: Appeals committee, or

"A group that listens to appeals about cancelled or suspended products and makes fair decisions"

Part 5Regulations, enforcement, and other matters
Appeals

102Appeals against decision to suspend or cancel product approval or notification

  1. If the Director-General decides to suspend or cancel a notification of a notifiable product, the notifier may appeal to the appeals committee against the decision.

  2. The notifier may lodge the appeal within 60 days after the Director-General’s decision or within any further period that the appeals committee may allow.

  3. The decision being appealed against continues in force unless the appeals committee orders otherwise.

  4. An appeal is by way of rehearing.

  5. On hearing the appeal, the appeals committee may—

  6. confirm, reverse, or modify the decision appealed against:
    1. make any other decision that the Director-General could have made.

      1. The appeals committee must not review any decision, or any part of a decision, not appealed against.

      2. A party may appeal to the High Court—

      3. against a determination of the appeals committee on a question of law only; and
        1. in accordance with the rules of court.

          Notes
          • Section 102: inserted, on , by section 55 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
          • Section 102(1): replaced, on , by section 21(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).
          • Section 102(2): amended, on , by section 21(2) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).