Act Repealed Latest version as at 18 October 1983 (as enacted) | 1983 No 32

Wine Makers Amendment Act 1983

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New provisions relating to appeals on questions of law substituted in principal Act

Wine Makers Amendment Act 1983

Public Act		1983 No 32
Date of assent		18 October 1983

An Act to amend the Wine Makers Act 1981

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Wine Makers Amendment Act 1983, and shall be read together with and deemed part of the Wine Makers Act 1981 (hereinafter referred to as the principal Act).

2 New provisions relating to appeals on questions of law substituted in principal Act

The principal Act is hereby amended by repealing section 22, and substituting the following sections:

“22 Appeal against decision of Commission on a question of law

“(1)

Where any party to any proceedings before the Commission under this Act is dissatisfied with any determination of the Commission in the proceedings as being erroneous in point of law, he may appeal to the High Court on that question of law.

“(2)

Subject to sections 22a to 22g of this Act, every appeal under this section shall be dealt with in accordance with rules of Court.

“22a Notice of appeal

“(1)

Every appeal under section 22 of this Act shall be instituted by the appellant lodging a notice of appeal within 1 month after the date of the determination with—

“(a)

The Registrar of the High Court in Wellington; and

“(b)

The Secretary of the Commission.

“(2)

Either before or immediately after the lodging of the notice of appeal, the appellant shall serve a copy of the notice of appeal, either personally or by post, on every other party to the proceedings before the Commission.

“(3)

Service under subsection (2) of this section, if by post, shall be by registered letter and shall be deemed in the absence of proof to the contrary for the purposes of this section to be effected at the time when the letter would be delivered in the ordinary course of post.

“(4)

Every notice of appeal shall specify:

“(a)

The determination or the part of the determination appealed from; and

“(b)

The error of law alleged by the appellant; and

“(c)

The question of law to be resolved; and

“(d)

The grounds of the appeal, which grounds shall be specified with such reasonable particularity as to give full advice to both the Court and the other parties of the issues involved.

“(5)

The Secretary of the Commission shall, as soon as is practicable after receiving a copy of the notice of appeal, send a copy of the whole of the determination appealed from to the Registrar of the High Court in Wellington.

“22b Right to appear and be heard on appeals

“(1)

Any party to the proceedings before the Commission who wishes to appear and be heard on the hearing of the appeal shall, within 10 days after the date of the service on him of a copy of the notice of appeal, lodge with the Registrar of the High Court in Wellington a notice of that party’s intention to appear and be heard.

“(2)

Any party who gives a notice of intention to appear and be heard and the appellant shall be parties to the appeal and shall be entitled—

“(a)

To be served with every document thereafter filed or lodged with the Registrar relating to the appeal; and

“(b)

To receive a notice of the date set down for the hearing of the appeal.

“22c Orders relating to determination of appeals

“(1)

Subject to subsections (2) and (3) of this section, the High Court may, of its own motion or on the application of any party to the appeal, make all or any of the following orders—

“(a)

An order directing the Commission to lodge with the Registrar of the High Court in Wellington any document or other written material or any exhibit in the possession or custody of the Commission:

“(b)

An order directing the Commission to lodge with the Registrar a report recording, in respect of any matter or issue which the Court may specify, any of the findings of fact of the Commission which are not set out or fully set out in its determination:

“(c)

An order directing the Commission to lodge with the Registrar a report setting out, in respect of any matter or issue which the Court may specify, any reasons or considerations of the Commission to which the Commission had regard but which are not set out in its determination.

“(2)

An application under subsection (1) of this section shall—

“(a)

In the case of the appellant, be made within 1 month of the date of the lodging of the notice of appeal; or

“(b)

In the case of any other party to the appeal, within 1 month after the date of the service on him of a copy of the notice of appeal.

“(3)

The High Court may make an order under subsection (1) of this section only if it is satisfied that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit.

“22d Dismissal of appeal

“(1)

The High Court may dismiss any appeal under section 22 of this Act—

“(a)

If the appellant does not appear at the time appointed for the hearing of the appeal; or

“(b)

If the appellant does not prosecute his appeal with all due diligence and any party applies to the Court for the dismissal of the appeal.

“22e Appeal in respect of additional points of law

“(1)

Where any party to an appeal under section 22 of this Act other than the appellant wishes to contend at the hearing of the appeal that the determination appealed from is erroneous in point of law other than those set out in the notice of appeal he shall, within 1 month after the date of the service on him of a copy of the notice of appeal, lodge a notice to that effect with the Registrar of the High Court in Wellington. The provisions of sections 22 and 22a(2) to (4), 22c, 22d, 22f, and 22g of this Act shall apply, with such modifications as may be necessary, to any notice lodged under this section as if it were a notice of appeal.

“22f Extension of time

The High Court or a Judge thereof may, in its or his discretion, on the application of the appellant, or intending appellant, or any other party, extend any time prescribed or allowed under any of the provisions of sections 22a to 22e of this Act for the lodging of any notice, application, or other document.

“22g Date of hearing

When any party to the appeal notifies the Registrar of the High Court in Wellington—

“(a)

That the notice of appeal has been served on all parties to the proceedings; and

“(b)

Either—

“(i)

That no application has been lodged under section 22c of this Act and that no order has been made under that section; or

“(ii)

That any application lodged under section 22c of this Act has been heard and that any order under that section has been complied with,—

the appeal shall be, in all respects, ready for hearing and the Registrar shall arrange a date for the hearing as soon as is practicable.”

This Act is administered in the Department of Justice.

Wine Makers Amendment Act 1983