Social Security Act 2018

Reviews and appeals - Appeals to medical board - Right of appeal

412: Appeal must be begun within 3 months of notification or further allowed period

You could also call this:

“You have 3 months to start an appeal, but you can ask for more time if needed”

If you want to appeal a decision to the medical board, you need to start your appeal within 3 months of getting notified about the decision. The board might give you more time if you have a good reason.

You are considered to have received the notification according to the rules set out in section 449. This means if they send you a notice in the way the rules say, it’s assumed you got it unless you can prove otherwise.

If you can’t start your appeal within the 3-month period, you can ask the board for more time. You can ask for this extra time before or after the 3 months are up. The board will give you more time if they think you have a good enough reason for the delay.

Remember, it’s important to act quickly if you want to appeal a decision. Don’t wait too long or you might miss your chance to appeal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783976.

Topics:
Health and wellbeing > Healthcare services
Crime and justice > Courts and legal help

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411: Right of appeal on medical grounds, or

“You can ask experts to check if a decision about your health and benefits was right”


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413: Board, or

“The board is a group that follows special rules”

Part 7 Reviews and appeals
Appeals to medical board: Right of appeal

412Appeal must be begun within 3 months of notification or further allowed period

  1. An appeal to the medical board under section 411 must be begun within—

  2. 3 months after the date on which the applicant receives notification of the decision; or
    1. a further period the board 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 board; 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 board may allow a further period within which the appeal may be begun if—

            2. the appeal is not to be, or has not been, begun within that 3-month period; and
              1. an application is made to it, either before or after the end of that 3-month period, to allow a further period; and
                1. the board considers there is good and sufficient reason for the delay.
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