Commerce Act 1986

Regulated goods or services - Input methodologies - Appeals against input methodology determinations

52ZA: Process for appeals

You could also call this:

"How to appeal a decision to the High Court"

If you want to appeal a decision under section 52Z, you must do it within 20 working days of the decision being published. You can appeal by asking for a rehearing, which means the court will look at the same information that was used to make the original decision. The court cannot consider any new information during the appeal.

When you appeal, the High Court will have two lay members, who are people with relevant experience, to help make the decision. These lay members are chosen from a group of people appointed under section 77. The rules in section 77 apply to the appeal, and one of the rules does not limit how the lay members are chosen.

You can find more information about how the lay members are appointed by looking at section 77, and you can also look at the rules for appeals under section 52Z. The High Court will make its decision based on the information that was available when the original decision was made. The court will sit with the lay members to hear the appeal and make a decision.

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This page was last updated on 31 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1685469.

Topics:

Crime and justice > Courts and legal help

52Z: Appeals against input methodology determinations, or

"Challenging a decision about input methodology: how to appeal to the High Court"

53: Input methodology applies pending outcome of appeal, or

"You must follow the input methodology rules while an appeal is happening."

Part 4Regulated goods or services
Input methodologies: Appeals against input methodology determinations

52ZAProcess for appeals

Any appeal under section 52Z must be brought within 20 working days after the date on which the input methodology determination is published.
The appeal must be by way of rehearing and must be conducted solely on the basis of the documentary information and views that were before the Commission when it made its determination, and no party may introduce any new material during the appeal.
The High Court must sit with 2 lay members (unless the court considers that only 1 is required).
Each of the lay members must have relevant experience and be appointed from the pool of people appointed under section 77 to be members of the court for the purpose of hearing the appeal.
Section 77 applies, and section 77(14) is not limited by subsection (3) of this section.

Notes

Section 52ZA: inserted, on 14 October 2008, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).