New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 425

425 Procedure

1 Every appeal under section 424 shall be brought, by originating application, not more than 28 days after the date on which the appellant is notified of the decision appealed against, or within such further period as the District Court may allow.

2 In determining an appeal under section 424 the District Court may—

a) hear all evidence tendered and representations made by or on behalf of any party to the appeal, whether or not that evidence would be otherwise admissible in that court; and

b) either—

i) confirm, reverse, or modify the decision appealed against, and make such orders and give such directions to the Authority, the Director, or the harbourmaster, as the case may require, as may be necessary to give effect to the court’s decision; or

ii) refer the matter back to the Authority, the Director, or the harbourmaster, as the case may require, with directions to reconsider the whole or any specified part of the matter.

2A When deciding an appeal under section 52 , the District Court must have regard to the potential effect on the risk to maritime safety of the suspended person being employed as a seafarer.

3 Any appeal under this section shall be by way of rehearing.

4 Subject to this section, every such appeal shall be made and determined in accordance with the District Court Act 2016 and the rules of court made under that Act.

5 Subject to section 427 , the decision of the District Court shall be final.

Note: 1990 No 98 s 67

History: Section 425(2)(b)(i): amended, on 23 October 2013, by section 73 of the Maritime Transport Amendment Act 2013 (2013 No 84).   Section 425(2)(b)(ii): amended, on 23 October 2013, by section 73 of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 425(2A): inserted, on 14 November 2018, by section 159 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).     Section 425(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).