Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Appeals

103: Appeals committee

You could also call this:

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

Illustration for Smokefree Environments and Regulated Products Act 1990

The appeals committee is a group that was set up under section 79 of this Act and it still exists. You can appeal to this committee if you disagree with a decision made by the Director-General to cancel or suspend a product notification. The committee has three members who are chosen by the Minister, and they can decide how they want to work.

The appeals committee can make its own rules about how it works, as long as it follows the rules in this Act or any regulations. When the committee is making decisions or using its powers, it must be independent and fair, which means it must follow the principles of natural justice. This means the committee must act independently and consider all the facts before making a decision.

The Minister chooses the members of the appeals committee and can decide what terms and conditions they work under. The committee's job is to hear appeals and make decisions about them, and it must do this in a fair and independent way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS811011.


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

"Challenging a decision to stop a product being sold"


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Part 5Regulations, enforcement, and other matters
Appeals

103Appeals committee

  1. The appeals committee established under section 79 of this Act is continued.

  2. The appeals committee may determine appeals against decisions of the Director-General to cancel or suspend a product notification.

  3. The appeals committee must consist of 3 members, each appointed by the Minister on any terms and conditions that the Minister thinks fit.

  4. The appeals committee may, subject to any provision of this Act or regulations, regulate its own procedure.

  5. In performing its functions or exercising its powers under this Act, the appeals committee must—

  6. act independently; and
    1. comply with the principles of natural justice.
      Notes
      • Section 103: inserted, on , by section 55 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
      • Section 103(2): amended, on , by section 22 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).