New Zealand Psychologists Board

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Tel: +64 4 471-4580
Fax: +64 4 471-4581
Email: info@nzpb.org.nz

Postal Address
New Zealand Psychologists Board
PO Box 10-626
Wellington 6143
New Zealand

 

 


Appeals - General Information

Right of Review

Decisions made under delegation can be reviewed (on application) by the full Board. ( Refer Schedule 3, section 18 of the HPCA Act). Any decision made under delegation will include a statement making this clear. A review cannot be conducted where an appeal has been brought.

Appeals

Appeal provisions are set out in Part 5 of the Health Practitioners Competence Assurance Act 2003.

 

Rights of Appeal to the District Court

HPCA Act section 106: Rights of appeal

(1)    A person may appeal to a District Court against any decision or direction of an authority to--

(a)  

decline to register the person as a health practitioner with the authority; or

(b)  

decline to authorise a change to the existing scope of practice of the person; or

(c)  

decline to issue a practising certificate to the person; or

(d)  

suspend his or her practising certificate or registration; or

(e)   

cancel his or her registration with the authority; or

(f)  

include conditions in the person's scope of practice or the person's proposed scope of practice; or

(g)  

vary any conditions in the person's scope of practice.

(2)    A person may appeal to the High Court against the whole or any part of--

(a)  

a finding under section 100 in respect of the person; or

(b)  

an order made by the Tribunal under section 92(4) or section 101 in respect of the person; or

(c)  

a decision made by the Tribunal on an application by the person under section 94; or

(d)  

any order made by the Tribunal under section 95 in respect of the person or any decision to refuse to make such an order; or

(e)  

a decision of the Tribunal on an application under section 99.

(3)    A person (being the Director of Proceedings or a professional conduct committee) who has laid

a  charge against a health practitioner may appeal to the High Court against a finding or decision or order of the Tribunal that relates to the charge.

(4)    An appeal--

(a)  

must be brought to the appropriate court by way of notice of appeal in accordance with rules of court; and

(b)  

must be lodged within 20 working days after notice of the decision or order is communicated to the appellant, or within any further time a District Court Judge or, as the case requires, a High Court Judge allows on application made before or after the period expires.

     


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