Food Act 2014

Miscellaneous provisions - Immunity, delegation, and review provisions - Appeals against review decisions

362: Appeal to District Court against review decision

You could also call this:

"Challenging a decision: taking it to the District Court"

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You can appeal to the District Court against a review decision. You might appeal against the outcome of a review of a decision described in section 354(2) or (4) or a requirement to pay costs and expenses under section 360. The District Court will consider your appeal.

You must bring your appeal within 28 days of being notified of the review decision. When the District Court considers your appeal, it can hear any evidence or representations that are relevant to your appeal. The Court can use evidence that would not normally be allowed in court.

The District Court can then decide to confirm, reverse, or modify the decision you are appealing against. It can also make orders and give directions to make its decision happen, or it can send the matter back to the reviewer to reconsider it. You will have to follow the Court's decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3400900.


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"How to appeal a decision to the District Court"

Part 5Miscellaneous provisions
Immunity, delegation, and review provisions: Appeals against review decisions

362Appeal to District Court against review decision

  1. A person may appeal to the District Court against—

  2. the outcome of a review of a decision described in section 354(2) or (4):
    1. a requirement to pay costs and expenses under section 360.
      1. An appeal under subsection (1) must be brought no later than 28 days after the date on which the appellant was notified under this Act of the review decision.

      2. In considering an appeal,—

      3. the District Court may hear all evidence tendered and representations made by, or on behalf of, any party to the appeal that the Court considers relevant to the appeal, whether or not that evidence would be otherwise admissible in the Court; and
        1. the Court may—
          1. confirm, reverse, or modify the decision appealed against, and make the orders and give the directions that may be necessary to give effect to the Court’s decision; or
            1. refer the matter back to the reviewer or, as the case may be, the chief executive with a direction to reconsider the whole or any part of the matter.
            Notes
            • Section 362(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 362(3)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).