Appendix 3: Provisions for appeal to courts from tribunal and related decisions
This list is primarily concerned with the appeal provisions relating to the tribunals and other bodies mentioned in the paper. To give a wider picture we have also included information about the occupational licensing and disciplinary areas and appeals from some Ministerial decisions. Those parts of the list are not complete; there are for instance a number of provisions in the energy and environment areas which are part of the resource management law reform.
We have not included provisions which allow cases to be stated. Sometimes they are allowed expressly by the particular Act and in many others it is a consequence of the tribunal having the powers of a Commission of Inquiry. The case stated power is distinct from appeal: it is exercised during the original proceeding rather than after a decision is given; the original body rather than the parties have a right to initiate it; and it is limited to questions of law (whereas some appeals are general).
TABLE OF ABBREVIATIONS
| TO | (appeal body) |
| DC | District Court |
| HC | High Court |
| AD | Administrative Division of the High Court |
| Arb | Arbitrator |
| X | No appeal |
| a | The Court includes 2 assessors. The decision of the Court is the decision of the judge. |
| b | The Court may include people chosen for their expertise. |
| c | The Court includes 1 or 2 additional members. The decision of the judge or judges is the decision of the Court. |
| d | 3 judges |
| e | 3 judges in some cases |
| f | Included only where the particular statute expressly states that the decision at first appeal is final. Where the Administrative Division is concerned this is a repetition of s26(4) of the Judicature Act 1908. |
CATEGORY
L Law
G General
G1 General over a specified monetary limit
G2 But does not include disciplinary matters
S1 Where proceedings unfair
S2 If Act not complied with or decision unreasonable
S3 As if from the exercise of a discretion
FURTHER APPEAL
CA Court of Appeal
l Leave required
r Right
CA1 Only if split decision below
The schedule lists only the express provisions in the particular statutes. The general provisions of the Judicature Act 1908 may be applicable.
| BODY | TO | CATEGORY | FURTHER APPEAL |
| Disputes Between Individuals | |||
| Copyright Tribunal | XF | ||
| Equal Opportunities Tribunal | ADa | G | CA |
| Commissioner of Trademarks | HC | G | |
| Commissioner of Designs | HC | G | CAl |
| Commissioner of Patents | HC | G | CAl or r |
| Motor Vehicle Disputes Tribunal | DCF | G1or L | |
| Small Claims (disputes) Tribunal | DC | S' | |
| Residential Tenancy Tribunal | DC | G' | HC r L CA l L |
| Plant Varieties Rights Commissioner | DCb | L | |
| Registrar-General of Land | HC | G | |
| Environmental and Planning | |||
| Planning Tribunal | AD | L | CA l L |
| Soil Conservation & Rivers Control Tribunal | HC | L | CA l L |
| Land Valuation Tribunal | ADC | G | CA |
| D-G of Health (Clear Air Act Licenses) | ADC | G | CA |
| Economic Matters | |||
| Commerce Commission | ADb | G | CA I or CA1 |
| Securities Commission | HC | L | CA I |
| Transport Charges Appeal Authority | HC | L | CA l L |
| Scientific/Technical | |||
| Animal Remedies Board | ADa | G | |
| Medicines Review Committee | AD | S2 | CA l G |
| Pesticides Board | AD | S 2 | CA l |
| Medical Officer of Health (Toxic Substances) | AD | S2 | CA l |
| Censorship Bodies | |||
| Film Censorship Board of Review | AD | L | CA r L |
| Indecent Publications Tribunal | HCdF | S3 | |
| Video Recordings Board of Review | AD | L | CA r L |
| Welfare and Benefits | |||
| Accident Compensation Appeal Authority | AD l | LG | CA I L |
| Legal Aid Appeal Authority | HC | L | |
| Social Security Appeal Authority | AD | L | CA l L |
| War Pensions Appeal Board | XF | ||
| Tertiary Assistance Grants Appeal Authority | XF | ||
| Taxation | |||
| Taxation Review Authorities | HC | L or G1 | CAr |
| Commissioner of Inland Revenue | |||
| 1 Income Tax Assessment | HC | G | |
| 2 Estate & Gift Duties | HC | G | |
| 3 Stamp & Cheque Duty | HC | G | |
| Comptroller of Customs | AD | G | CA l L |
| Collector of Customs | AD | G | CA l L |
| Tariff Classification Mediator | AD | G | |
| Cooperative Pig Marketing Companies Tax Appeal Authority | XF | ||
| Cooperative Dairy Companies Income Tax Appeal Authority | XF | ||
| Cooperative Milk Marketing Companies Income Tax Appeal Authority | XF | ||
| Licensing of Activity | |||
| Air Services Licensing Authority | AD | G | CA l L |
| Transport Licensing Appeal Authority | HC | L | CA l L |
| Broadcasting Tribunal | AD F | S3 | |
| Berryfruit Marketing Licensing Authority | Arb | G | AD L |
| NZ Horticulture Export Authority | Arb | G | AD L |
| Game Industry Authority | Arb | G | AD L |
| NZ Milk Authority | Arb | ||
| Fisheries Authority | AD | G | C A l L |
| Fisheries Quota Appeal Authority | XF | ||
| NZ Fishing Industry Board | ADa | G | |
| Shop Trading Hours Commission | XF | ||
| Wine Makers Licensing Committee Chairman | AD | G | |
| Wine Makers Licensing Control Commission | AD | L | |
| Liquor Licensing Committee Chairman | ADF | G or L | |
| Liquor Licensing Control Commission | ADF | G or L | |
| Cooperative Dairy Companies Tribunal | AD | L | CA I |
| Deportation Review Tribunal | AD | L | |
| Hydatids Board of Appeal | XF | ||
| Registrar of Private Investigators & Security Guards | AD or DC F | G | |
| Occupational Licensing and Discipline | |||
| Architects Education & Registration Board | HC | G | |
| Chiropractic Board | AD | G | |
| Dental Council of NZ | AD | G | CA l L |
| Dentists Disciplinary Tribunal | AD | G | CA l L |
| Clinical Dental Technicans Disciplinary Tribunal | AD | G | CA l L |
| Dental Technicians Disciplinary Tribunal | AD | G | CA l L |
| Dental Technicians Board | AD | G | CA l L |
| Dietitians Board | AD | G | |
| NZ Law Practitioners Disciplinary Tribunal | HCe | G | |
| NZ Medical Council | HCe | G | |
| Nursing Council of NZ | AD | G | |
| Opticians Board | AD | G | |
| Psychologists Board | AD | G | |
| Veterinary Surgeons Board | HC F | G | |
| Survey Board | AD | G | |
| Institute of Registered Music Teachers of NZ | DC F | G | |
| Motor Vehicle Dealers Board/Authority | AD | G2 | CA l L |
| Plumbers, Gasfitters & Drainlayers Board | AD | G | |
| Real Estate Agents Licensing Board | AD | G2 | CA r L |
| Pharmacy Authority | AD | G | |
| Engineers Registration Board of Appeal | DC | G | |
| Engineer Associates Appeal Tribunal | XF | ||
| Electrical Registration Board of Appeal | AD | G | |
| Occupational Therapy Board of Appeal | XF | ||
| Physiotherapy Board of Appeal | XF | ||
| Environment | |||
| Labour | |||
| Parental Leave & Employment Protection Complaints Committee | LCc | G | CA r L |
| Union Membership Exemption Tribunal | LC | L | CA r |
| Registrar of Unions | LC | G | CA r |
| Registration | |||
| Registrar of Companies | HC | G | |
| Registrar of Incorporated Societies | HC | G | |
| Registrar of Building Societies | HC | G | |
| Registrar of Friendly Societies | HC | G | |
| Others | |||
| Abortion Supervisory Committee | AD | L | CA r L |
| Mortgagees & Lessees Adjustment Commission | HC | ||
| Local Government Commission | AD | L | |
| Government Actuary (Superannuation Scheme) | AD | G | |
| Land Settlement Board | HC or AD | ||
| Ministers' Decisions | |||
| Internal Affairs | |||
| Passports | AD | G | CA I G |
| Immigration Revocation of Residence Permit | AD F | G | |
| Deportation Order | AD F | G | |
| Energy | |||
| Revocation of Petroleum License | AD | ||
| Revocation of Gas License | AD | G | CA I L |
| Grant of Coal Mining Right | DC | L | |
| Forfeiture of Coal Mining Right | AD | G | |
| Customs | |||
| Distillation license | AD | G | |
| Water & Soil conservation | HC | L | CA l L |