Appeals

18 Appeal against decision of Authority

(1)

Where the Authority makes—

(a)

a decision under section 11; or

(b)

a decision or order under section 13 or section 13A,—

the broadcaster or the complainant may appeal to the High Court against the whole or any part of the decision or order.

(2)

[Repealed]

(3)

Every appeal under this section shall be made by giving notice of appeal within 1 month after the date on which the appellant was notified of the decision or order appealed against or within such further time as the High Court may allow.

(4)

The court shall hear and determine the appeal as if the decision or order appealed against had been made in the exercise of a discretion.

(5)

In its determination of any appeal, the court may—

(a)

confirm, modify, or reverse the decision or order appealed against, or any part of that decision or order:

(b)

exercise any of the powers that could have been exercised by the Authority in the proceedings to which the appeal relates.

(6)

[Repealed]

(7)

Subject to the provisions of this section, the procedure in respect of any appeal under this section shall be in accordance with rules of court.

Section 18(1)(b): amended, on 1 July 1996, by section 9 of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 18(2): repealed, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 18(3): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 18(6): repealed, on 27 September 2001, by section 3 of the Broadcasting Amendment Act 2001 (2001 No 57).