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Films, Videos, and Publications Classification Act 1993

Appeals - Appeal to High Court

58: Appeal against decision of Board on question of law

You could also call this:

"Challenging a Decision about a Publication in Court"

Illustration for Films, Videos, and Publications Classification Act 1993

You can appeal to the High Court if you think the Board made a wrong decision about a publication. This can happen if the Board made a decision about a publication that was referred to them under section 41(3) or submitted to them under section 47. You might be able to appeal if you are one of the people who can appeal, like the person who asked for the review or the owner of the publication. You can appeal if you are dissatisfied with the Board's decision as being wrong in law. The people who can appeal are those who sought the review, parties to the proceeding, or the owner, maker, publisher, or authorised distributor of the publication. The appeal will be dealt with according to the rules of court. The rules of court will apply to your appeal, which means it will be handled in a certain way. You should follow the rules to make sure your appeal is processed correctly. The court will look at your appeal and make a decision based on the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313818.

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Part 5Appeals
Appeal to High Court

58Appeal against decision of Board on question of law

  1. Where the Board makes any decision in respect of any publication referred to it under section 41(3), or submitted to it under section 47, any of the persons specified in subsection (2) who are dissatisfied with that decision as being erroneous in point of law may appeal to the High Court on that question of law.

  2. The following persons may appeal under subsection (1):

  3. the person who sought the review, by the Board, of the publication in respect of which the decision was made:
    1. where the decision was made in respect of any publication referred to the Board under section 41(3), any party to the proceeding in respect of which that referral was made:
      1. where the review by the Board was sought pursuant to paragraph (c) of section 47(2), any party to the proceeding referred to in that paragraph:
        1. the owner, maker, publisher, or authorised distributor of the publication in respect of which the decision was made.

          1. Subject to this Part, every appeal under this section shall be dealt with in accordance with rules of court.

          Compare
          • 1983 No 130 s 37
          • 1987 No 85 s 41
          • 1990 No 58 s 8(2)(b)
          • 1991 No 60 s 3(4)
          Notes
          • Section 58(1): amended, on , by section 17 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).
          • Section 58(2)(a): amended, on , by section 17 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).
          • Section 58(2)(b): amended, on , by section 17 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).
          • Section 58(2)(d): amended, on , by section 17 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).