New Zealand Legislation: Acts

23 Rights of appeal

• (1) Any person affected by a decision of the Commissioner to decline to make a grant may, within 28 days after being given notice of that decision by the Commissioner, appeal against that decision.

  (2) Any person affected by a grant may, at any time, appeal against the making of that grant upon the ground that that grant was made in contravention of this Act.

  (3) Where the Commissioner cancels a grant under section 13, the grantee may, within 28 days after being given notice of the cancellation by the Commissioner, appeal against that cancellation on the ground that it has not been established that, if that grant had not already been made, some other person making an application in respect of the variety concerned would, by virtue of section 12, be entitled to a grant in respect of that application.

  (4) Any person affected by any decision of the Commissioner (not being a decision referred to in any of subsections (1) to (3))—

  • (a) relating to an application or the cancellation of a grant; or

  • (b) imposing any condition in respect of a grant; or

  • (c) declining to modify any aspect of a grant; or

  • (d) refusing to issue a licence or order under section 21(2),—

  may, within 28 days after being given notice of that decision by the Commissioner, appeal against that decision.

  (5) Subject to subsection (7), the owner of a protected variety may appeal against any decision of the Commissioner to issue a licence or order under section 21(2) in respect of that variety, or to extend or vary any such licence or order.

  (6) Subject to subsection (7), the person to whom a licence or order was issued under section 21(2) may appeal against any decision of the Commissioner to limit, vary, or revoke that licence or order, or to issue it subject to any terms or conditions.

  (7) No appeal under subsection (5) or subsection (6) shall lie after the 28th day after the earlier of the following days:

  • (a) the day on which the appellant is served with notice, or otherwise becomes aware, of the issue, extension, limitation, variation, or revocation, concerned:

  • (b) the day on which notice of that issue, extension, limitation, variation, or revocation was first published in the Journal under section 21(8).

  Compare: 1973 No 37 s 26; 1979 No 29 s 12