Accident Compensation Act 2001

Dispute resolution - Appeals

161: Decisions on appeal

You could also call this:

“What happens when you ask a court to look at a decision again”

When you appeal a decision, the court can do a few things. It can say no to your appeal, which means the original decision stays. Or it can change the decision a bit. Sometimes, it might even cancel the whole decision.

If the court cancels the decision, it will explain what should happen next. For example, it might say that what the Corporation decided was right. Or it could tell the Corporation to do something specific about their decision. The court might also ask for a new review to be done, following the court’s instructions.

There are a couple of other things you should know. If you don’t show up to your appeal hearing without a good reason, the court might say no to your appeal. Also, if you don’t follow through with your appeal properly, anyone involved can ask the court to end your 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=DLM101855.


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Part 5 Dispute resolution
Appeals

161Decisions on appeal

  1. The court must determine an appeal by—

  2. dismissing the appeal; or
    1. modifying the review decision; or
      1. quashing the review decision.
        1. If the court quashes the review decision, it must indicate the effect clearly. The effect may be, for example, to—

        2. endorse the Corporation's decision; or
          1. require the Corporation to take the action the court specifies in relation to the Corporation's decision; or
            1. require another review to be conducted in accordance with directions the court gives.
              1. Without limiting subsections (1) and (2),—

              2. if the appellant, without reasonable excuse, does not appear at the time appointed for hearing the appeal, the court may dismiss the appeal:
                1. if the appellant does not prosecute the appeal with due diligence, the court may, on the application of any party, dismiss the appeal.