Electricity Act 1992

Appeals

147ZC: Procedure on appeal

You could also call this:

“How the court handles your appeal against a decision”

When you appeal a decision under section 147ZA, the District Court will hear your case as soon as they can after you file your appeal.

When the District Court hears your appeal, they can do a few things. They might agree with the Board’s original decision and keep it the same. Or they might disagree and change the decision. They can also make a completely new decision, just like the Board could have done.

It’s important to know that the District Court can only look at the part of the Board’s decision that you’re appealing. They can’t change other parts of the decision that you didn’t appeal.

After the District Court makes its decision on your appeal, that’s usually the end of the matter. Their decision is final, except in some special cases covered in section 147ZH.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2860197.


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"Court can ask Board to review appeals again"

Part 12 Appeals

147ZCProcedure on appeal

  1. Every appeal under section 147ZA must be heard as soon as practicable after the appeal is lodged.

  2. On the hearing of an appeal under section 147ZA, the District Court may—

  3. confirm, reverse, or modify the decision, direction, or order of the Board; or
    1. give any decision, or make any direction or order, that the Board could have given or made in respect of the matter.
      1. Nothing in this section gives the District Court power to review any part of the decision, direction, or order of the Board other than the part against which the appellant has appealed.

      2. Subject to section 147ZH, the decision of the District Court on any appeal under section 147ZA is final.

      Notes
      • Section 147ZC: inserted, on , by section 13 of the Electricity Amendment Act 2006 (2006 No 70).
      • Section 147ZC(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 147ZC(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).