Part 28General offences and provisions in relation to offences and appeals
under this Act
Rights of appeal
425Procedure
Every appeal under section 424 shall be brought, by originating application, not more than 28 days after the date on which the appellant is notified of the decision appealed against, or within such further period as the District Court may allow.
In determining an appeal under section 424 the District Court may—
- hear all evidence tendered and representations made by or
on behalf of any party to the appeal, whether or not that
evidence would be otherwise admissible in that court;
and
- either—
- confirm, reverse, or modify the decision appealed
against, and make such orders and give such directions
to
the Authority, the Director, or the
harbourmaster, as the case may require, as may be necessary to give
effect to the court’s decision; or
- refer the matter back to
the Authority, the Director, or the
harbourmaster, as the case may require, with directions to
reconsider the whole or any specified part of the
matter.
- confirm, reverse, or modify the decision appealed
against, and make such orders and give such directions
to
the Authority, the Director, or the
harbourmaster, as the case may require, as may be necessary to give
effect to the court’s decision; or
When deciding an appeal under section 52, the District Court must have regard to the potential effect on the risk to maritime safety of the suspended person being employed as a seafarer.
Any appeal under this section shall be by way of rehearing.
Subject to this section, every such appeal shall be made and determined in accordance with the District Court Act 2016 and the rules of court made under that Act.
Subject to section 427, the decision of the District Court shall be final.
Compare
- 1990 No 98 s 67
Notes
- Section 425(2)(b)(i): amended, on , by section 73 of the Maritime Transport Amendment Act 2013 (2013 No 84).
- Section 425(2)(b)(ii): amended, on , by section 73 of the Maritime Transport Amendment Act 2013 (2013 No 84).
- Section 425(2A): inserted, on , by section 159 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 425(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).


