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Building Act 2004

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

211: Powers of District Court on appeal

You could also call this:

“The court can change, agree with, or ask for another look at decisions made by the boss of a government department.”

When you appeal a decision made by the chief executive under section 208, the District Court can do several things. They can agree with, disagree with, or change the chief executive’s decision. They can also send the matter back to the chief executive to look at again. The court can even make a new decision that the chief executive could have made.

The District Court can only look at the part of the decision you’re appealing. They can’t review other parts of the decision that you haven’t appealed.

While your appeal is being decided, the chief executive’s original decision stays in effect, unless the District Court says otherwise.

Once the District Court makes a decision on your appeal, that decision is final. This means you can’t appeal it further.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307850.

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

211Powers of District Court on appeal

  1. On the hearing of an appeal under section 208, the District Court may—

  2. confirm, reverse, or modify the determination, direction, or decision of the chief executive; or
    1. refer the matter back to the chief executive in accordance with the rules of court; or
      1. make or give any determination, direction, or decision that the chief executive could have made or given in respect of the matter.

        1. This section does not give the District Court power to review any part of the chief executive's determination, direction, or decision other than the part against which the appellant has appealed.

        2. Subject to any order of the District Court, every determination, direction, and decision of the chief executive against which an appeal is made continues in force and has effect according to its tenor pending the determination of the appeal.

        3. The decision of the District Court on an appeal is final.

        Notes
        • Section 211(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 211(1)(a): amended, on , by section 8(1) of the Building Amendment Act 2010 (2010 No 50).
        • Section 211(1)(c): amended, on , by section 8(2) of the Building Amendment Act 2010 (2010 No 50).
        • Section 211(2): amended, on , by section 8(3) of the Building Amendment Act 2010 (2010 No 50).
        • Section 211(3): amended, on , by section 8(4) of the Building Amendment Act 2010 (2010 No 50).