Health Act 1956

Powers and duties of local authorities - Buildings

43: Appeal against closing order

You could also call this:

"Challenging a decision to close a building: how to appeal"

If you are the owner or occupier of a building, or if you have a mortgage on it, you can appeal against a closing order. You do this by applying to the District Court within 14 days of getting the closing order. The District Court will look at your application and can cancel or change the closing order.

While you are waiting for the court to make a decision, the closing order is put on hold. When the court hears your application, they can cancel the closing order or keep it, and they can also add conditions to it. The court's decision is final.

You make your application to the court by following the rules of the District Court Act 2016, which you can find on the District Court Act 2016 webpage. You must tell the other people involved in the case that you are making an application, and the court will use its normal rules to deal with your application.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306982.

42: Local authority may require repairs and issue closing order, or

"The local authority can make you fix your house if it's unhealthy or unsafe to live in."

44: Issue of closing order by medical officer of health, or

"A doctor in charge of health can close a place if it's not safe, like a council would."

Part 2Powers and duties of local authorities
Buildings

43Appeal against closing order

The owner or occupier of any premises in respect of which a closing order is issued, or any person having a registered interest in the land under any mortgage or other encumbrance, may appeal against the closing order by applying to the District Court, within 14 days after the service on him of the closing order, or, as the case may be, the copy of the closing order, for an order cancelling or modifying the closing order.
Pending the determination of any such application the closing order shall be deemed to be suspended.
On the hearing of the application the court, whose decision shall be final, may cancel the closing order, or may confirm it either absolutely or subject to such modifications and conditions as the court thinks fit.
Every application to the court under this section shall be made and dealt with by way of originating application, on notice, under the rules of procedure for the time being in force under the District Court Act 2016, and the provisions of those rules shall apply accordingly.

Notes

Section 43(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 43(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).