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Takeovers Act 1993

Investigation and enforcement - Investigation and enforcement by Panel - Appeals

31I: Situation while appeal pending

You could also call this:

"What happens while you're waiting for a decision on your appeal"

Illustration for Takeovers Act 1993

When you make an appeal under section 31G, it is pending until a decision is made. You need to know that the Panel or Registrar can still use their powers under sections 31A to 31C while the appeal is pending. The appeal does not stop you from having to do what you are supposed to do under those sections. While the appeal is pending, information found during an inspection related to the appeal cannot be used as evidence in a criminal case against you. The Panel or Registrar can keep doing their job as if no appeal was made. You still have to follow the rules under sections 31A to 31C even if you have made an 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=DLM326128.

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31H: Time for appeal, or

"How long you have to appeal a decision"

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31J: Determination of appeal, or

"The court decides what happens with your appeal."

Part 3Investigation and enforcement
Investigation and enforcement by Panel: Appeals

31ISituation while appeal pending

  1. While any appeal made under section 31G is pending,—

  2. the Panel or Registrar, or any person authorised by the Panel or Registrar, may continue to exercise the powers under any of sections 31A to 31C as if no appeal had been made; and
    1. no person is excused from fulfilling his or her obligations under any of those sections by reason of the appeal; and
      1. information that is obtained as a result of an inspection to which the appeal relates is not admissible as evidence in any criminal proceedings against the person to whom the information relates.

        Compare
        Notes
        • Section 31I: inserted, on , by section 9 of the Takeovers Amendment Act 2001 (2001 No 30).
        • Section 31I(a): amended, on , by section 31(1) of the Takeovers Amendment Act 2002 (2002 No 45).
        • Section 31I(a): amended, on , by section 31(2) of the Takeovers Amendment Act 2002 (2002 No 45).