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Health Act 1956

Management of infectious diseases - Directions - General provisions concerning directions and notices

92T: Appeal against directions

You could also call this:

"Challenging a decision you don't agree with: how to appeal"

If you get a direction you do not agree with, you can appeal to the District Court. You can appeal against the whole direction, part of it, a change to it, or an extension of it. The District Court can then decide to keep the direction the same, change it, or cancel it.

When you appeal, the direction still applies until the District Court says otherwise. The Court's decision can be appealed again, in accordance with section 72 of the District Courts Act 1947.

You or the other party can appeal the District Court's decision, following the rules set out in the link above.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7086332.

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"Rules can be changed or cancelled by a medical officer of health at any time."

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"Keeping personal health information secret"

Part 3AManagement of infectious diseases
Directions: General provisions concerning directions and notices

92TAppeal against directions

  1. An individual who is required to comply with a direction may appeal to the District Court against—

  2. the direction, or any part of the direction:
    1. a variation of the direction:
      1. an extension of the direction.

        1. On the appeal, the District Court may confirm, vary, or cancel the direction, variation, or extension.

        2. The filing of the appeal does not affect the direction, variation, or extension unless the District Court otherwise orders.

        3. A party to an appeal under this section may appeal against the court’s determination of the appeal in accordance with section 72 of the District Courts Act 1947.

        Notes
        • Section 92T: inserted, on , by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).