Unsolicited Electronic Messages Act 2007

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
33 Decision on appeal

(1)

The District Court must determine an appeal under section 32 by dismissing or allowing the appeal.

(2)

If the District Court dismisses an appeal, the dismissal must be taken to be an order for the payment of the penalty specified in the civil infringement notice to which the decision under appeal relates.

(3)

If the District Court allows an appeal, it may make an order that the penalty specified in the civil infringement notice to which the decision under appeal relates—

(a)

is varied or cancelled; or

(b)

is to be refunded to the person, if the appeal is allowed after the penalty was paid to the enforcement department or was recovered as a debt due to the enforcement department under section 31.

Section 33(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).