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Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Service of documents and appeals - Appeals

207: Appeals

You could also call this:

"Challenging a Decision: How to Appeal"

Illustration for Emergency Management Bill (No 2)

You can appeal to the District Court if you think a direction or order is unreasonable. You might appeal against a direction to get a structure assessed under section 135(1) or 165(1), or a requirement to give information under section 170. You can also appeal against a compliance order served under section 174. You have a certain amount of time to appeal, depending on what you are appealing against. For some appeals, you have 10 working days to appeal after you find out about the direction or requirement. For others, you have 20 working days to appeal after the compliance order is served on you. The court will look into your appeal and can make some decisions. The court can confirm or change the direction, requirement, or order, or cancel it altogether. The court can also send the matter back to the person who made the decision, with some advice on what to do next. If you appeal against a direction to get a structure assessed, the court can only give you relief for the reasonable costs of getting that assessment under section 135 or 165.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1087330.

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Topics:
Housing and property > Home safety and repairsHousing and property > Land useCrime and justice > Courts and legal help
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206: Service of documents, or

"How documents are given to people under the Emergency Management Bill"

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208: Effect of bringing appeal, or

"What happens when you appeal a decision about giving information or following an order"

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Service of documents and appeals: Appeals

207Appeals

  1. A person may appeal to the District Court against any of the following on the grounds that it is unreasonable:

  2. a direction to obtain an assessment in relation to a structure under section 135(1) or 165(1):
    1. a requirement to give information under section 170:
      1. the whole or any part of a compliance order served under section 174.

        1. An appeal under—

        2. subsection (1)(a) or (b) must be brought within 10 working days after the day on which the direction or requirement first comes to the person’s notice:
          1. subsection (1)(c) must be brought within 20 working days after the day on which the compliance order is served on the person.

            1. The court must inquire into the direction, requirement, or compliance order and may—

            2. confirm or vary the direction, requirement, or compliance order; or
              1. set aside the direction or requirement, or cancel the compliance order; or
                1. set aside the direction or requirement and substitute another direction or requirement that the court considers appropriate; or
                  1. cancel the compliance order and substitute another compliance order that the court considers appropriate; or
                    1. refer the direction, requirement, or compliance order back to the decision-maker with the court’s opinion, together with any directions as to how the matter should be dealt with.

                      1. Any relief granted to a person appealing under subsection (1)(a) must be limited to the reasonable costs associated with obtaining the assessment under section 135 or 165.

                      Compare
                      • 2002 No 33 s 77