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PUBLIC HEALTH ACT 2005 - SECT 362
Appeal
362 Appeal
(1) The emergency officer (medical) or the chief executive or the person
detained may appeal to the District Court against a decision of the magistrate
on an application for an order ending a person’s detention.
(2) If the
emergency officer (medical) or the chief executive is the appellant, the
decision appealed against is stayed on the filing of the notice of appeal and
the detention order continues.
(3) The District Court must hear and decide
the appeal without delay.
(4) If the emergency officer (medical) or the chief
executive is the appellant, the District Court may make an order— (a)
allowing the appeal; or
(b) confirming the decision appealed against and
dismissing the appeal.
(5) If the person detained is the appellant, the
District Court may make an order— (a) ending the detention order; or
(b)
confirming the decision appealed against and dismissing the appeal.
(6) The
District Court may make the other orders the court considers appropriate.
(7)
However, the District Court may not order a party other than the chief
executive to pay the costs of the appeal.
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