Appeals Tribunal Rules




30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3441

(2) A person or body wishing to appeal against any other decision in respect of which an appeal may be brought under these Rules must, by 4.00 pm on the fourteenth day after and exclusive of the day on which the decision was given in writing, file with the Appeals Tribunal a notice of appeal in the appropriate form determined by NZTR and a filing fee the amount of which shall be set, from time to time, by NZTR. The notice and the filing fee must both reach the Appeals Tribunal by that time.

(3) Where the appellant is a Stipendiary Steward or an Investigator the filing fee shall not be required to be paid.

(4) The notice of appeal shall be signed by the appellant or his Agent and shall set out in full the grounds of the appeal and only a ground so set out shall be argued at the hearing of the appeal except by special leave of the Appeals Tribunal granted on such terms and conditions as it thinks fit.

(5) Where an appeal is to be heard expeditiously any time limits, conditions or requirements in these Rules relating to appeals, may be waived, abridged or amended by order of the Appeals Tribunal or its Chairperson.

TRANSMISSION OF NOTICE OF APPEAL TO JUDICIAL COMMITTEE

1003 (1) Where an appeal is against a decision of the Judicial Committee, the Appeals Tribunal shall as soon as possible send a copy of the notice of appeal to every respondent, NZTR and the Judicial Committee and any other person to whom the Chairperson of the Appeals Tribunal directs a copy to be sent.

(2) The Judicial Committee shall send to the Appeals Tribunal:

(a) the information;

(b) a transcribed record of the hearing;

(c) any tapes on which the hearing was recorded;

(d) any articles, documents, films or other items which were produced to the Judicial Committee at the hearing;

(e) a copy or transcript of the decision of the Judicial Committee; and

(f) any other documents, exhibits or items relating to the hearing which remain in its custody.

SETTING DOWN APPEAL FOR HEARING

1004 (1) As soon as possible after the Appeals Tribunal has received the documents referred to in sub-Rule (2) of Rule 1003 the Chairperson of the Appeals Tribunal shall determine a date and place for the hearing of the appeal.

(2) He shall thereafter notify the parties to the appeal, and any other person who or body which was sent by him a copy of the notice of appeal, of the date, time and place appointed for the hearing.

(3) The Appeals Tribunal shall also give notice of the date, time and place fixed for the hearing of the appeal to such other bodies and/or persons as the Chairperson of the Appeals Tribunal directs.

(4) A body which or persons who has an interest in the subject matter of the appeal, may be added to the appeal either as a party or in some other capacity, at the discretion of the Appeals Tribunal.

PROCEDURE ON APPEAL

1005 (1) The Appeals Tribunal may conduct the hearing of the appeal in such manner as it thinks fit and may adjourn the hearing from time to time on such terms and conditions as it thinks fit.

(2) The Appeals Tribunal may decide to hold an appeal, or any part of an appeal, in private.

(3) All appeals shall, except when and to the extent that the Appeals Tribunal otherwise directs, be by way of rehearing based on the evidence adduced at the hearing conducted by the persons or body whose decision is appealed against.

(4) The Appeals Tribunal shall have the same jurisdiction and authority as the Judicial Committee or other persons or body appealed from, including powers as to



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Online Sources for this page:

Gazette.govt.nz PDF NZ Gazette 2009, No 144





✨ LLM interpretation of page content

⚖️ Appeals Against Judicial Committee Decisions (continued from previous page)

⚖️ Justice & Law Enforcement
Appeals, Judicial Committee, Racing, Disqualification, Prohibited Substances

⚖️ Transmission of Notice of Appeal to Judicial Committee

⚖️ Justice & Law Enforcement
Appeals, Judicial Committee, Transmission, Documents

⚖️ Setting Down Appeal for Hearing

⚖️ Justice & Law Enforcement
Appeals, Hearing, Notification, Chairperson

⚖️ Procedure on Appeal

⚖️ Justice & Law Enforcement
Appeals, Procedure, Hearing, Jurisdiction