Medicines Act 1981

Appeals

91: Further provisions relating to appeals

You could also call this:

"What happens when you appeal a decision about medicines"

Illustration for Medicines Act 1981

You can appeal a decision, but it will still take effect unless a court says otherwise. You can appeal a decision under section 89 even if you have accepted a licence or followed the rules. If a court changes a decision made by the Medicines Review Committee, the Minister or Director-General must follow the court's decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56094.


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Part 6Appeals

91Further provisions relating to appeals

  1. Subject to any order made by the court pursuant to paragraph (a) of subsection (5) of section 89, every decision referred to in subsection (1) of that section shall take effect according to its terms, notwithstanding that the time for appealing has not expired or that an appeal has not been determined.

  2. No person shall be deprived of the right of appeal conferred by section 89 merely because he has accepted a licence or complied with any requirement or condition imposed under this Act.

  3. Where the High Court or the Court of Appeal modifies a decision of the Medicines Review Committee, or substitutes a new decision, the Minister, or the Director-General, or the licensing authority, as the case may require, shall take all necessary measures to implement the decision of the court.

Compare
  • 1979 No 27 s 69