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Films, Videos, and Publications Classification Act 1993

Appeals - Appeal to High Court

63: Orders relating to determination of appeals

You could also call this:

"Asking the High Court for more information when appealing a decision"

Illustration for Films, Videos, and Publications Classification Act 1993

You can ask the High Court to make some orders when you appeal a decision. The High Court can order the Secretary to give them documents or exhibits. The High Court can also order the Secretary to write a report about the Board's findings or reasons. You must apply for these orders within 20 working days of lodging your appeal. If you are not the person who appealed, you must apply within 20 working days of getting a copy of the appeal notice. The High Court will only make these orders if they need more information to make a decision. The High Court can set conditions on these orders if they want to. They can make these orders on their own or because someone asked for them. You can find more information about the Films, Videos, and Publications Classification Amendment Act 2012 on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313823.

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"Appealing a Decision for a Different Reason"

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Part 5Appeals
Appeal to High Court

63Orders relating to determination of appeals

  1. Subject to subsections (2) and (3), the High Court may, on its own motion or on the application of any party to the appeal, make all or any of the following orders:

  2. an order directing the Secretary to lodge with the Registrar of the High Court at Wellington any document or other written material or any exhibit in the possession or custody of the Secretary:
    1. an order directing the Secretary to lodge with the Registrar a report recording, in respect of any matter or issue that the court may specify, any of the findings of fact of the Board that are not set out, or fully set out, in its decision:
      1. an order directing the Secretary to lodge with the Registrar a report setting out, in respect of any matter or issue that the court may specify, any reasons or considerations of the Board to which the Board had regard but that are not set out in its decision.

        1. An application under subsection (1) shall be made,—

        2. in the case of the appellant, within 20 working days after the date of the lodging of the notice of appeal; or
          1. in the case of any other party to the appeal, within 20 working days after the date of the service on that party of a copy of the notice of appeal.

            1. The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit.

            Compare
            • 1983 No 130 s 40
            • 1987 No 85 s 44
            Notes
            • Section 63(1)(b): amended, on , by section 20 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).
            • Section 63(1)(c): amended, on , by section 20 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).