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Building Act 2004

Regulation of building practitioners - Licensing and disciplining of building practitioners - Appeal from decisions

335: Procedure on appeal

You could also call this:

“This explains how appeals are handled, like a new hearing where the decision can be changed”

When you appeal a decision under this part of the law, the appeal will be heard as soon as possible after you file it. The appeal is like a new hearing of your case.

When the appeal authority hears your appeal, they can do a few things. They can agree with the original decision, disagree with it, or change it. They can also make any other decision that the original decision-maker could have made.

There are some limits to what the appeal authority can do. They can only look at the parts of the decision that you’ve appealed. They can’t review any parts of the decision that you didn’t appeal, or any decisions that weren’t appealed at all.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308662.

Topics:
Housing and property > Home safety and repairs
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334: Actions to have effect pending determination of appeal, or

“Things keep happening the same way while people wait for the appeal boss to decide if they should change”

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336: Appeal authority's decision final, or

“The final say on the appeal belongs to the appeal authority, with one exception.”

Part 4 Regulation of building practitioners
Licensing and disciplining of building practitioners: Appeal from decisions

335Procedure on appeal

  1. An appeal under this subpart must be heard as soon as is reasonably practicable after it is lodged.

  2. An appeal under this subpart is by way of rehearing.

  3. On hearing the appeal, the appeal authority—

  4. may confirm, reverse, or modify the decision or action appealed against; and
    1. may make any other decision or take any other action that the decision-maker could have made.

      1. The appeal authority must not review—

      2. any part of a decision or action not appealed against; or
        1. any decision or action not appealed against at all.

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