Takeovers Act 1993

Investigation and enforcement - Investigation and enforcement by Panel - Appeals

31K: Requirements where appeal allowed

You could also call this:

"What happens when a decision is overturned on appeal"

Illustration for Takeovers Act 1993

If you appeal a decision made by the Panel or Registrar under sections 31A to 31C, and your appeal is allowed, the Panel or Registrar must destroy all records they made about that decision as soon as possible. You should know that no information gained from these records can be used as evidence in any court case. The Panel or Registrar must follow these rules when an appeal is allowed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326134.

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31J: Determination of appeal, or

"The court decides what happens with your appeal."


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31L: Who may receive evidence, or

"Who can get information for the Takeovers Panel"

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

31KRequirements where appeal allowed

  1. To the extent that an appeal in respect of an act or decision of the Panel or Registrar, or any person authorised by the Panel or Registrar, under any of sections 31A to 31C is allowed or granted—

  2. the Panel or Registrar must ensure that, as soon as practicable after the decision on the appeal is given, all records made by the Panel or Registrar, or by a person authorised by the Panel or Registrar, under section 31A(1)(c) in respect of the act or decision are destroyed; and
    1. no information acquired under paragraph (a) or paragraph (b) of section 31A(1) in respect of the act or decision is admissible in evidence in any proceedings.
      Compare
      Notes
      • Section 31K: inserted, on , by section 9 of the Takeovers Amendment Act 2001 (2001 No 30).
      • Section 31K: amended, on , by section 32 of the Takeovers Amendment Act 2002 (2002 No 45).
      • Section 31K(a): amended, on , by section 32 of the Takeovers Amendment Act 2002 (2002 No 45).