Secondhand Dealers and Pawnbrokers Act 2004

Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisions - Licensing Authorities and Deputy Licensing Authorities

77C: Online publication of final written decisions

You could also call this:

"When a decision is made, it gets published online so you can see it."

Illustration for Secondhand Dealers and Pawnbrokers Act 2004

When a Licensing Authority makes a final written decision, it must be published online as soon as possible, unless there is a good reason not to. You can think of a final written decision as a written outcome of a case that has been heard by a Licensing Authority. A decision can be published in part if there is a good reason for not publishing the whole thing, and this is subject to section 76C. A good reason for not publishing a decision includes things like a suppression order, or if the decision is not of much public interest. The Licensing Authority might also decide not to publish a decision if it would be unfair to do so. A final written decision can be a written decision after a hearing, a written decision based on papers, or an oral decision that has been written down. The decision must be published online unless one of these good reasons applies. You should be able to find these decisions online, unless there is a good reason for them not to be there. The Licensing Authority has to consider whether publishing the decision would be fair or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS279196.

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Part 4Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisions
Licensing Authorities and Deputy Licensing Authorities

77COnline publication of final written decisions

  1. Every final written decision of a Licensing Authority must be published on an Internet site as soon as practicable unless there is good reason not to publish it.

  2. A final written decision may be published in part if there is good reason for not publishing the full decision.

  3. Subsections (1) and (2) are subject to section 76C.

  4. Good reason not to publish a decision, or part of it, includes the following:

  5. non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
    1. the decision falls into a category of decisions that are of limited public value:
      1. taking into account the presumption in subsection (1) in favour of publication, a Licensing Authority nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
        1. In this section, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in a Licensing Authority and is either of the following:

        2. a written reserved decision following an oral hearing:
          1. a written decision in any case considered on the papers:
            1. an oral decision transcribed by an official transcription service.
              Notes
              • Section 77C: inserted, on , by section 299 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).