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Health and Safety at Work Act 2015

Enforcement and other matters - Reviews and appeals - Appeal to District Court

135: Application for appeal

You could also call this:

“How to challenge a decision you think is unreasonable”

If you’re an eligible person and think a decision is unreasonable, you can appeal to the District Court. You need to do this within 14 days of finding out about the decision.

When you appeal, the court will look at the decision carefully. They can do a few things:

  1. They might agree with the original decision and keep it the same.
  2. They might change the decision a bit.
  3. They might cancel the decision completely.
  4. Or they might cancel the decision and make a new one that they think is better.

It’s important to remember that you only have 14 days to appeal, so you need to act quickly if you want to challenge a 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=DLM5977102.

Topics:
Work and jobs > Worker rights
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Part 4 Enforcement and other matters
Reviews and appeals: Appeal to District Court

135Application for appeal

  1. An eligible person may appeal to the District Court against an appealable decision on the grounds that it is unreasonable.

  2. The appeal must be lodged within 14 days after the day on which the appealable decision first came to the eligible person's notice.

  3. On an appeal under subsection (1), the court must inquire into the decision and may—

  4. confirm or vary the decision; or
    1. set aside the decision; or
      1. set aside the decision and substitute another decision that the court considers appropriate.

        Compare
        Notes
        • Section 135(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).