Social Security Act 2018

Reviews and appeals - Appeals to appeal authority - Rights of appeal

400: Appeal must be begun within 60 working days of notification or further allowed period

You could also call this:

“You have 60 working days to appeal a decision about your social security, or you can ask for more time”

If you want to appeal a decision about your social security, you need to do it within 60 working days after you get the notification. This applies to appeals against decisions that were confirmed or changed, or new decisions made.

You are considered to have received the notification according to the rules set by the government. These rules say how the notice should be given to you and when it’s assumed you’ve received it.

If you can’t start your appeal within 60 working days, you can ask for more time. You need to apply for this extra time, explaining why you were delayed. The appeal authority can give you more time if they think you have a good reason for the delay.

Remember, you can ask for more time even after the 60 working days have passed. But it’s better to ask as soon as you know you’ll need more time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783955.

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Part 7 Reviews and appeals
Appeals to appeal authority: Rights of appeal

400Appeal must be begun within 60 working days of notification or further allowed period

  1. An appeal under section 397, 398, or 399 must be begun within—

  2. 60 working days after the date on which the appellant receives notification of—
    1. the confirmation or variation (if the appeal is against a decision specified in section 395(a)); or
      1. the decision (if the appeal is against a decision specified in section 395(b)); or
      2. a further period the appeal authority has under this section allowed.
        1. An appellant is treated as receiving notification of the decision in line with regulations made under section 449 if—

        2. a decision is made in respect of which an appeal lies to the authority; and
          1. notice of the decision is given to the appellant in a way prescribed by those regulations; and
            1. the notice is (in the absence of evidence to the contrary) taken to have been received by the appellant as provided by those regulations.
              1. The appeal authority may allow a further period within which the appeal must be begun if—

              2. the appeal is not to be, or has not been, begun within the period of 60 working days; and
                1. an application is made to it, before or after the end of the period of 60 working days, to allow a further period; and
                  1. the appeal authority considers there is good and sufficient reason for the delay.
                    Compare
                    Notes
                    • Section 400 heading: amended, on , by section 306(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                    • Section 400(1)(a): amended, on , by section 306(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                    • Section 400(3)(a): amended, on , by section 306(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                    • Section 400(3)(b): amended, on , by section 306(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).