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Maritime Transport Act 1994

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

425: Procedure

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"How to appeal a decision: a step-by-step guide"

If you want to appeal a decision under section 424, you must do it within 28 days of being told about the decision. You can appeal by making an application to the District Court. The court may allow a longer time if it thinks that is fair. When the District Court looks at your appeal, it can hear any evidence you want to give and consider what you and others have to say. The court can then decide to confirm, reverse, or change the original decision. The court can also make orders or give directions to the Authority, the Director, or the harbourmaster, as needed. In some cases, the court may send the matter back to one of these groups to reconsider. If you are appealing under section 52, the court must think about how its decision might affect maritime safety. Your appeal will be a rehearing, which means the court will look at the whole case again. The appeal will follow the rules of the District Court Act 2016. Usually, the decision of the District Court is final, but there might be some exceptions, such as those mentioned in section 427.

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

425Procedure

  1. 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.

  2. In determining an appeal under section 424 the District Court may—

  3. 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
    1. either—
      1. 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
        1. 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.

        2. 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.

        3. Any appeal under this section shall be by way of rehearing.

        4. 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.

        5. Subject to section 427, the decision of the District Court shall be final.

        Compare
        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).