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Local Government (Water Services Preliminary Arrangements) Act 2024

Watercare Services Limited - Enforcement

96: Appeal

You could also call this:

"Asking the Court of Appeal to review a decision you disagree with"

If you are unhappy with a decision made by the High Court under section 91 or 93, you can ask the Court of Appeal to look at it again. You need to get permission from the Court of Appeal to do this, and you can only appeal if you think the High Court made a mistake with the law. The Court of Appeal can make any decision that the High Court could have made about the case.

When you appeal, you must tell the Court of Appeal that you want to appeal within 20 working days of the decision being made or told to you. The Court of Appeal can also give you more time to appeal if they want to. You are the person making the appeal, and you must follow these rules to appeal a decision.

The Court of Appeal has the power to make decisions about your appeal, and they can use any of the powers that the High Court has when looking at cases under section 91 or 93.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964570.

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"Breaking the rules repeatedly can mean an extra daily penalty of up to $250,000."

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"Changes to the Local Government Act 2002"

Part 4Watercare Services Limited
Enforcement

96Appeal

  1. A party to proceedings under section 91 or 93 who is dissatisfied with an order or a decision of the High Court under that section may, with the leave of the Court of Appeal, appeal to that court on a question of law against the order or decision.

  2. In determining an appeal under this section, the Court of Appeal may exercise any power of the High Court in respect of proceedings under section 91 or 93 (as applicable).

  3. An appeal must be made by giving notice of appeal—

  4. not later than 20 working days after the date on which the order was made or notice of the decision was communicated to the appellant; or
    1. within any further time that the Court of Appeal allows.