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Social Security Act 2018

Reviews and appeals - Appeals to appeal authority - Procedure

403: How to begin, and procedure and powers for, appeal to authority

You could also call this:

“How to challenge a decision and what the authority can do”

When you want to appeal a decision to the authority, there are specific rules about how to do it and what the authority can do. These rules come from this law, especially sections 395 to 404 and Schedule 8, and from other regulations. If something isn’t covered by these rules or by practice notes, the authority can decide how to handle it.

The authority has the power to confirm, change, cancel, or send the decision back to MSD (Ministry of Social Development) to look at again.

The Ministry of Justice can create forms for you to use when dealing with the authority. The chief executive of the Ministry of Justice will make these forms after talking to the chairperson of the authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783960.

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402: Act does not affect appeals to authority under other enactments, or

“Other laws still let you appeal, even with this Act in place”

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404: Notice, and carrying into effect, of decision, or

“Telling people about the decision and making it happen”

Part 7 Reviews and appeals
Appeals to appeal authority: Procedure

403How to begin, and procedure and powers for, appeal to authority

  1. The authority’s procedure, and the authority’s powers to deal with (for example, confirm, vary, revoke, or refer back to MSD for reconsideration) the decision appealed, on an appeal under this Act, are—

  2. as provided by this Act (and especially by sections 395 to 404 and Schedule 8) and regulations made under section 451; and
    1. for matters not provided for by this Act or those regulations, or practice notes issued under clause 10D of Schedule 8, as the authority may determine.

      1. Forms for use in the authority may be approved by the chief executive of the Ministry of Justice after consulting the chairperson of the authority.

      Compare
      Notes
      • Section 403(1)(b): amended, on , by section 307(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
      • Section 403(2): inserted, on , by section 307(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).