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Medicines Act 1981

Appeals

89: Right of appeal to High Court

You could also call this:

"Appealing to the High Court if you disagree with a medicines decision"

Illustration for Medicines Act 1981

You can appeal to the High Court if you are unhappy with a decision made by the Minister or the Medicines Review Committee. This includes decisions about consents or approvals under sections like 20, 23, 24, and 35. You can also appeal if you are unhappy with a notice issued under section 36(3) or section 37(1). You can appeal if the decision does not follow the rules of the Act or if the decision is unreasonable. The appeal must be started within 28 days of being told about the decision, or within a longer time allowed by the court. The court can make an interim order to stop the decision until the appeal is finished. The court can dismiss the appeal, change the decision, or cancel the decision and replace it with a new one. The court can only cancel or change the decision if it does not follow the rules or is unreasonable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56091.

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Part 6Appeals

89Right of appeal to High Court

  1. Subject to subsections (2) and (3), any person who is aggrieved by—

  2. a decision of the Minister refusing, revoking, or suspending any consent or approval, or imposing, varying, or adding to any conditions, under any of sections 20, 23, 24, and 35; or
    1. a decision to issue a notice under section 36(3) or section 37(1), or the imposition, variation, or addition of conditions under that section; or
      1. a decision of the Medicines Review Committee made under section 88,—
          1. may appeal to the High Court.

        1. The grounds on which an appeal may be brought under subsection (1) are—

        2. that any relevant requirement of this Act or of any regulations made under this Act has not been complied with:
          1. that the decision that is the subject of the appeal is unreasonable.

            1. Every appeal under subsection (1) shall be commenced within 28 days after the date on which notice of the decision that is the subject of the appeal has been given to the person seeking to bring the appeal, or within such extended time as the court may allow.

            2. Repealed

            3. Subject to subsection (6), on any appeal under subsection (1), the court may—

            4. by interim order, suspend the operation of the decision to which the appeal relates until the final determination of the proceedings:
              1. dismiss the appeal, or make such modifications in the decision to which the appeal relates as it thinks fit, or quash the decision with or without substituting a new decision in its place.

                1. The court shall not quash or modify the decision to which the appeal relates on any ground other than a ground specified in subsection (2).

                Compare
                • 1960 No 97 s 42
                • 1979 No 27 s 67
                Notes
                • Section 89(4): repealed, on , by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).