Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Appeals - Appeals to High Court

167: No review until right of appeal exercised

You could also call this:

"You can't ask for a review or go to court until you've appealed the decision first."

If you want to appeal a decision made by the licensing authority or a licensing committee, you must do that first. You cannot apply for a review of the decision under the Judicial Review Procedure Act 2016 until you have appealed and the appeal has been finally decided. You also cannot start a court case to challenge the decision until you have appealed and the appeal has been finally decided.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339654.


Previous

166: Extension of time, or

"Getting more time to lodge documents for an alcohol law appeal"


Next

168: Further appeal to Court of Appeal, or

"You can ask a higher court to review a decision if you're unhappy with the result from a lower court."

Part 2Sale and supply of alcohol generally
Appeals: Appeals to High Court

167No review until right of appeal exercised

  1. No person who has a right of appeal against any decision of the licensing authority or of a licensing committee is entitled to do any of the following unless and until that party exercises that right of appeal and the appeal is finally determined:

  2. to make an application for review of that decision under the Judicial Review Procedure Act 2016; or
    1. to institute proceedings seeking any writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in respect of that decision.
      Compare
      Notes
      • Section 167(a): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).