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Maritime Transport Act 1994

General offences and provisions in relation to offences and appeals under this Act - Rights of appeal

424: Rights of appeal

You could also call this:

"What to do if you disagree with a decision made about you or your property"

If you think a decision made about you is wrong, you can appeal to the District Court. You can appeal against a decision if another part of this Act says you have the right to appeal. The District Court will look at your appeal according to the rules in this part of the Act.

When someone makes a decision using a power given to them by this Act, it is considered a decision about you, and you can appeal against it. This is unless the Act specifically says the right of appeal only applies to certain decisions. You can appeal against the decision if you think it is wrong.

If you own a ship or other property, and you want to appeal a decision, you are the person who can appeal. You are considered the owner for the purposes of appealing the decision that affects your property. This means you have the right to appeal decisions made about your property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338389.

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Part 28General offences and provisions in relation to offences and appeals under this Act
Rights of appeal

424Rights of appeal

  1. Where any other section of this Act provides that any person has a right of appeal under this section against a decision in respect of that person, that person may appeal to the District Court against that decision in accordance with this Part.

  2. It is hereby declared that the exercise of any power conferred on the Director by any section that confers a right of appeal of the kind referred to in subsection (1) is, except where that section specifies that the right of appeal applies to a particular decision or decisions, a decision in respect of a person within the meaning of that section and may be appealed against under this section.

  3. The owner of a ship, offshore installation, pipeline, maritime product, marine protection product, or other real or personal property shall, for the purposes of exercising a right of appeal under this section, be the person who is the owner of the ship, offshore installation, pipeline, maritime product, marine protection product, or other real or personal property for the purposes of that Part which contains the section giving rise to the right of appeal.

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Notes
  • Section 424(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).