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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Appeal from chief executive's decisions

209: Procedure for commencing appeal

You could also call this:

“How to start an appeal against a decision by filing a notice with the court within a set time”

If you want to appeal a decision made by the chief executive, you need to follow these steps:

You must file a notice of appeal with the Registrar of the District Court. You have 15 working days to do this after the chief executive makes their decision. However, if you’re appealing a determination, you have 15 working days from either the date of the determination or the date the chief executive clarifies it under section 189.

When filing your appeal, you need to follow the District Court Rules. If any of these rules don’t match what’s written here, you should follow what’s written here instead.

Sometimes, the chief executive might clarify their determination under section 189. If this happens, the Registrar of the District Court can give you more time to make your 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=DLM307848.

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Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Appeal from chief executive's decisions

209Procedure for commencing appeal

  1. An appeal under section 208 must be made—

  2. by the appellant filing a notice of appeal with the Registrar of the District Court within 15 working days after,—
    1. in the case of an appeal under section 208(1)(b), the date of the determination or the date on which the chief executive amends the determination by way of clarification under section 189; or
        1. in any other case, the date of the chief executive’s decision; and
        2. otherwise in accordance with the District Court Rules (except to any extent that those rules are inconsistent with this section).

          1. The Registrar of the District Court may extend the time for making an appeal under section 208(1)(b) if the chief executive amends the determination by way of clarification under section 189.

          Notes
          • Section 209(1)(a)(i): amended, on , by section 57(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
          • Section 209(1)(a)(ia): repealed, on , by section 57(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
          • Section 209(1)(a)(ii): replaced, on , by section 57(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
          • Section 209(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 209(2): amended, on , by section 57(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).