Plain language law

New Zealand law explained for everyone

Electricity Act 1992

Appeals

147ZD: Court may refer appeals back for reconsideration

You could also call this:

“Court can ask Board to review appeals again”

If you appeal a decision made by the Board, the District Court can choose to send the appeal back to the Board instead of deciding on it themselves. This is called referring the appeal back for reconsideration.

When the District Court does this, they must tell the Board why they are sending it back. They also need to give the Board clear instructions about what parts of the appeal they should look at again.

The Board must then think about the appeal again. When they do this, they have to consider the reasons the District Court gave for sending it back, as well as any instructions the court provided.

This process allows the Board to have another look at the appeal, taking into account what the District Court has said. It’s a way to make sure that all the important points are carefully considered before a final decision is made.

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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=DLM2860198.

Topics:
Crime and justice > Courts and legal help
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147ZC: Procedure on appeal, or

"How the court handles your appeal against a decision"

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"Who pays for the costs when you appeal a decision"

Part 12 Appeals

147ZDCourt may refer appeals back for reconsideration

  1. The District Court may in any case, instead of determining any appeal under section 147ZA, direct the Board to reconsider, either generally or in respect of any specified matters, the whole or any part of the matter to which the appeal relates.

  2. In giving any direction under subsection (1), the District Court must—

  3. advise the Board of its reasons for so doing; and
    1. give to the Board any directions it thinks just as to the whole or any part of the matter that is referred back for reconsideration.

      1. In reconsidering any matter referred back to the Board under subsection (1), the Board must have regard to the District Court's reasons for giving a direction under that subsection, and to the court's directions under subsection (2).

      Notes
      • Section 147ZD: inserted, on , by section 13 of the Electricity Amendment Act 2006 (2006 No 70).
      • Section 147ZD(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).