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Emergency Management Bill (No 2)

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

208: Effect of bringing appeal

You could also call this:

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

Illustration for Emergency Management Bill (No 2)

If you appeal against a requirement to give information under section 207(1)(b), you do not have to give the information until the appeal is decided. You can check section 177(2) for rules about what the Director-General can do with a compliance order while you are appealing it. If you appeal against a compliance order under section 207(1)(c), you still have to follow the order unless the court says you do not have to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1529275.

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207: Appeals, or

"Challenging a Decision: How to Appeal"

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209: Appeal to High Court on question of law, or

"Appealing a Decision to the High Court"

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

208Effect of bringing appeal

  1. An appeal under section 207(1)(b) against a requirement to give information operates as a stay of the requirement.

  2. See section 177(2) for limitations on the Director-General’s power to amend or revoke a compliance order that is the subject of an appeal.

  3. An appeal under section 207(1)(c) against a compliance order does not operate as a stay of the compliance order unless the court orders otherwise.