Section 406 — Social Security Act 2018: Appeal must be begun, and case stated lodged, within time prescribed or allowed
Text of the provision Official document
406 Appeal must be begun, and case stated lodged, within time prescribed or allowed (1) An appellant must begin an appeal within— (a) 14 days after the date of the determination; or (b) a further period the High Court, or a High Court Judge, has under subsection (4) allowed. (2) The appellant’s case stated must be lodged within— (a) 14 days after the date on which the appeal is begun; or (b) a further period the authority’s chairperson has under subsection (3) allowed; or (c) a further period the High Court, or a High Court Judge, has under subsection (4) allowed. (3) The authority’s chairperson may allow a further period within which the appellant’s case stated must be lodged if— (a) the appellant’s case stated is not to be, or has not been, lodged within that 14-day period; and (b) the chairperson is asked, before or after the end of that 14-day period, to allow a further period; and (c) the chairperson considers there is good and sufficient reason for the delay. (4) The High Court or a High Court Judge may allow a period further to one prescribed or allowed under subsection (1)(a) or (b) or subsection (2)(a), (b), or (c) if— (a) the appellant’s appeal or case stated is not to be, or has not been, begun or lodged within that prescribed or allowed period; and (b) the appellant makes an application to the court or Judge, before or after the end of that prescribed or allowed period, to allow a further period; and (c) the court or Judge considers there is good and sufficient reason for the delay. (5) The authority’s chairperson may certify that an appeal has not been prosecuted by an appellant if the appellant’s case stated has not been lodged within the period prescribed, or within a further period allowed, under subsection (2)(a), (b), or (c). Compare: 1964 No 136 s 12Q(3), (4), (8), (9)
Official source: legislation.govt.nz
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