Films, Videos, and Publications Classification Act 1993

59 Notice of appeal

(1)

Every appeal under section 58 shall be instituted by the appellant lodging a notice of appeal, within 20 working days after the date the decision is given, with—

(a)

the Registrar of the High Court at Wellington; and

(b)

the Secretary.

(1A)

For the purpose of subsection (1), a decision is given when the Board gives written notice, under section 55(1)(c), of its decision and of the reasons for its decision.

(2)

Subject to section 60, either before or immediately after the lodging of the notice of appeal the appellant shall serve a copy of the notice of appeal, either personally or by post, on every other person who would have been entitled to appeal under section 58 against the decision in respect of which the appeal has been brought.

(3)

Service under subsection (2), if by post, shall be by registered letter and shall, for the purposes of this section, be deemed in the absence of evidence to the contrary to be effected at the time when the letter would be delivered in the ordinary course of post.

(4)

Every notice of appeal shall specify—

(a)

the decision or the part of the decision appealed from; and

(b)

the error of law alleged by the appellant; and

(c)

the question of law to be resolved; and

(d)

the grounds of the appeal, which grounds shall be specified with such reasonable particularity as to give full advice to both the court and the other parties of the issues involved.

(5)

The Secretary shall, as soon as practicable after receiving a notice of appeal, send a copy of the whole of the decision appealed against to the Registrar of the High Court at Wellington.

Compare: 1983 No 130 s 38; 1987 No 85 s 42; 1990 No 58 s 8(3)

Section 59(1): amended, on 1 October 2012, by section 18(1) of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Section 59(1A): inserted, on 1 October 2012, by section 18(2) of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Section 59(2): amended, on 1 October 2012, by section 18(3) of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Section 59(4)(a): amended, on 1 October 2012, by section 18(3) of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Section 59(5): amended, on 1 October 2012, by section 18(3) of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).