Asia-Pacific Economic Cooperation (APEC 2021) Bill

  • discharged on 30 June 2020

Subpart 2—Appeals

99 Appeal to District Court

(1)

A person may appeal to the District Court against a specified decision made under this Act if—

(a)

the person is directly affected by the decision more than the public generally; or

(b)

in respect of a thing that is the subject of the decision, the person is the owner of the thing or was the person in charge of the thing at the time of the decision; or

(c)

in respect of an aircraft that is the subject of the decision, the person is the aircraft’s owner or was the operator or person in charge of the aircraft at the time of the decision.

(2)

The court may confirm, reverse, or modify the specified decision.

(3)

In this section, a specified decision is a decision—

(a)

to seize and detain an item under section 42:

(b)

to seize and detain an item or a substance under section 72:

(c)

to seize, detain, or require the surrender of an item under section 82, 83, or 86:

(d)

to take control of an aircraft, disable or destroy an aircraft, or prevent an aircraft from taking off under section 82.

Compare: 1990 No 98 s 66(1), (2), (5)