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 waiting for an appeal to be decided"

If you appeal a decision made by the Director or the harbourmaster under section 424, the decision still applies until the appeal is sorted out. You must follow the rules of the Act and the decision, even if you are waiting for the appeal to be decided.

The Director can still refuse or cancel a maritime document, even if you win your appeal under section 424. The Director can do this if new facts or evidence come to light after the appeal hearing.

The Director's decision can be appealed again, following the same process as before.

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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=DLM338391.


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427: Appeal to High Court on question of law, or

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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).