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 list of Acts containing rights of appeal to the Magistrates Court (Administrative Appeals Division), see the attached Schedule.
Types of applications that can be made under the Magistrates Court (Administrative Appeals Division) Act 2001 include:
- Review of reviewable decision- Section 17
- Declaration of entitlement to make request for reasons for decision - Section 15(1)
- Declaration that request for reasons for decision made within reasonable time - Section 15(2)
- Order for provision of reasons for decision within specified time - Section 16(1)
- Order for provision of more adequate reasons for decision within specified time - Section 16(2)
- Extension of time to make any application under the Act of the Court - Section 20
- Application to suspend an order or stay proceedings - Secion 23(3)
For a description of the procedures and form that apply in the Magistrates Court (Administrative Appeals Division) see Practice Direction 1/2002.
