Medicines Act 1981

Appeals

90: Proceedings before court

You could also call this:

"What happens when you appeal a decision in court"

When you appeal a decision under section 89, the court will listen to all the evidence and what you and the other parties have to say. The court can use any information that will help it make a decision, even if it's not normally allowed in court. The court has the same powers as the Medicines Review Committee when it's deciding what to do. You can go to the court to appeal a decision, and the court will follow its own rules. The court might decide to hold the hearing in private, thinking about what's best for everyone involved and the public. The court will make its decision based on what it hears and the rules it has to follow. The court's job is to make a fair decision, and it will use all the information it gets to do that. It will consider what you say and what the other parties say, and make a decision that is fair and right. You can find more information about appealing a decision under section 89 by looking at the rules of court.

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This page was last updated on 27 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56093.

Topics:

Crime and justice > Courts and legal helpHealth and wellbeing > Public health

89: Right of appeal to High Court, or

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

91: Further provisions relating to appeals, or

"What happens when you appeal a decision about medicines"

Part 6Appeals

90Proceedings before court

At the hearing of an appeal under section 89, the court shall hear all evidence tendered and representations made by or on behalf of the parties that the court considers relevant to the subject matter of the appeal.
The court may, at any such hearing, receive as evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectually with the matters before it, whether or not it would be otherwise admissible in a court of law.
For the purpose of modifying any decision of the Medicines Review Committee, or substituting a new decision, the court shall have all the powers and discretions that the Medicines Review Committee had in respect of the same matter.
The court in its discretion may, having regard to the interests of all parties concerned and to the public interest, order that the hearing or any part of it shall be held in private.
Subject to the provision of this Act, the procedure in respect of any appeal under section 89 shall be in accordance with rules of court.

Compare

1979 No 27 s 68