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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Rights of appeal

111: Procedure

You could also call this:

“How to appeal a decision made under this Act in the District Court”

If you want to appeal a decision under this Act to the District Court, you need to do it within 28 days of being told about the decision. You can ask the court for more time if you need it.

When the court looks at your appeal, they can listen to all the evidence and what everyone has to say about it, even if it’s not usually allowed in court.

You need to make and decide your appeal following the District Court Act 2016 and the court’s rules. But the other parts of this section are also important and can change how those rules work.

Usually, what the District Court decides about your appeal is final. But there are some exceptions in sections 107, 111A, and 111B of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435092.

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Part 8 Mitigation of penalties and rights of appeal
Rights of appeal

111Procedure

  1. Every appeal under this Act to the District Court must be brought, by way of originating application, not later than 28 days after the date on which the appellant was notified of the decision appealed against, or within such further period as the District Court may allow.

  2. In dealing with an appeal under this Act, the District Court may hear all evidence tendered and representations made by or on behalf of any party to the appeal that the court considers relevant to the appeal, whether or not that evidence would be otherwise admissible in that court.

  3. Every such appeal must be made and determined in accordance with the District Court Act 2016 and the rules of court made under that Act, but the application of that Act and those rules is subject to the other provisions of this section.

  4. Subject to sections 107, 111A, and 111B, the decision of the District Court on any appeal under this Act is final.

Notes
  • Section 111(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 111(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 111(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 111(4): amended, on , by section 61(2) of the Land Transport Amendment Act 2005 (2005 No 77).