Administrative Appeals Division

Introduction

On 1 July, 2002, the Magistrates Court (Administrative Appeals Division) Act 2001 , commenced.

The  Act consolidates approximately 50 separate Acts and Regulations that in some way have a right of review or appeal to a Magistrate with regard to administrative decisions (or lack of/refusal to make a decision).  There is now a consistent procedure by which an 'interested party" can obtain a review by a Magistrate of an administrative decision with which they are aggrieved in some way.  The process is set out in the attached flowchart

Some examples of administrative decisions in respect of which an appeal lies to a Magistrate are:

• appeals against refusals to grant a firearm licence pursuant to Part 10 of the Firearms Act 1996, or
• appeals against a Notice of Contribution to the construction costs of a new street pursuant to the Local Government Act 1993, or
• appeals against decisions relating to the issue (or not) of Dog Kennel licences pursuant to Section 59 of the Dog Control Act 2000, or
• appeals against assessment of land value pursuant to Section 27 of the Crown Lands (Shack Sites) Act 1997.

For a complete list of Acts containing rights of appeal to a Magistrate, see the Schedule

Types of applications that can be made under the Magistrates Court (Administrative Appeals Division) Act 2001.

Review (Appeal) of a reviewable decision - Section 17

Entitled to reasons for decision - Section 15(1)

Not received reasons within reasonable time - Section 15(2)

Not received reasons within time specified - Section 16(1)

Inadequate statement of reasons received - Section 16(2)

Extension of time to apply for review of decision - Section 20

Application to stay effect of decision - Section 23(3)