Maritime Transport Act 1994

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

426: Decision of Director or harbourmaster to continue in force pending appeal

You could also call this:

"What happens to a decision while you're appealing it"

Illustration for Maritime Transport Act 1994

If you appeal a decision made by the Director or harbourmaster under section 424, the decision still applies while your appeal is being considered. You must keep following the rules of the Act and the decision until the appeal is decided. If your appeal is successful, the Director can still refuse to give you a maritime document or permit if they find new information that is against you. The Director's decision can be appealed again, so you can dispute their choice if you do not agree with it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338391.

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

426Decision of Director or harbourmaster to continue in force pending appeal

  1. Every decision of the Director or the harbourmaster that is appealed against under section 424 shall continue in force pending the determination of the appeal, and no person shall be excused from complying with any of the provisions of the Act or the decision on the ground that any appeal is pending.

  2. Notwithstanding that any appeal under section 424 may have been determined in favour of the appellant, the Director may, subject to the same right of appeal, refuse to grant, revoke, suspend, disqualify, or otherwise deal with in accordance with the provisions of this Act any maritime document or marine protection document or any permit, any person to which or to whom the appeal related, or any maritime document or marine protection document or any permit or approval granted or restored in compliance with the decision of the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.

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Notes
  • Section 426 heading: amended, on , by section 74(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
  • Section 426(1): amended, on , by section 160 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 426(1): amended, on , by section 74(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
  • Section 426(2): amended, on , by section 160 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).