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Governor-General Act 2010

Miscellaneous provisions - Conflicting claims

17: Appeal against decision of authorised person

You could also call this:

"Challenging a decision made about your annuity"

Illustration for Governor-General Act 2010

If you are unhappy with a decision made by an authorised person about your annuity under section 9, you can appeal to the High Court. You can appeal against the decision if you think it is wrong. The High Court Rules 2016 apply to your appeal. If the High Court makes a decision on your appeal, you can appeal to the Court of Appeal. The rules about appealing to the Court of Appeal are in the Senior Courts Act 2016. These rules apply to your appeal. You follow the same process as you would for other appeals to the Court of Appeal. The rules are the same as for other appeals under section 124 of the District Court Act 2016. This means you have the same rights as others who appeal to the Court of Appeal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2999138.

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Topics:
Money and consumer rights > Savings and retirement
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"What happens when more than one person claims the same annuity payment"

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Part 2Miscellaneous provisions
Conflicting claims

17Appeal against decision of authorised person

  1. If a person who claims to be entitled to an annuity under section 9 is dissatisfied with a decision made by an authorised person under section 16, he or she may appeal against the decision to the High Court.

  2. The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 124 of that Act.

  3. The provisions of the Senior Courts Act 2016 relating to appeals to the Court of Appeal against a decision of the High Court apply to an order or decision of the High Court on an appeal under subsection (1).

Compare
Notes
  • Section 17(2): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 17(3): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).