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StatuteImmigration Act 2009

Section 247 — Immigration Act 2009: Special provisions relating to judicial review

Text of the provision Official document

247 Special provisions relating to judicial review (1) Any review proceedings in respect of a statutory power of decision arising out of or under this Act must be commenced not later than 28 days after the date on which the person concerned is notified of the decision, unless the High Court decides that, by reason of special circumstances, further time should be allowed. (2) Where a person intends to both appeal against a decision of the Tribunal under this Act and bring review proceedings in respect of that same decision,— (a) the person must lodge both the application for appeal and the application for judicial review together; and (b) the High Court must endeavour to hear both matters together, unless it considers it impracticable in the particular circumstances of the case to do so. (3) In this section, statutory power of decision has the same meaning as in section 3 of the Judicature Amendment Act 1972. (4) Nothing in this section limits the time for bringing review proceedings challenging the vires of any regulations made under this Act. Compare: 1987 No 74 s 146A

Official source: legislation.govt.nz

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