Contents

Chapter 17
Appeals

Appeals of penalties imposed by the District Court

17.8Section 37 of the Unsolicited Electronic Messages Act 2007 confers jurisdiction on the District Court to hear applications for a pecuniary penalty under that Act. We state in this Report that we have no objection to pecuniary penalties being imposed by the District Court within its jurisdictional limit.475

17.9The District Court appeal rights are set out in sections 72, 75, and 76 of the District Courts Act 1947. They will apply to penalties imposed by the District Court unless the penalty statute provides otherwise. Section 72 provides a right of appeal on both fact and law to the High Court against the whole or any part of the decision, and section 75 provides that all appeals must be by way of rehearing. Section 76 sets out the powers of the High Court on appeal, which include making any decision it thinks should have been made or directing the District Court to rehear the proceedings.

17.10For the same reasons set out above, we see no reason why this standard appeal route would not be appropriate for pecuniary penalties imposed by the District Court.

GUIDELINE

G19 Standard appeal routes should be used for pecuniary penalties

As they are a subset of civil proceedings, the standard appeals routes under the Judicature Act 1908 and the District Courts Act 1947 are the most appropriate for pecuniary penalties.

475At [13.11].