Appeals to the District Court
When can you appeal?
A Community Housing Provider (CHP) may appeal to the District Court in relation to the Community Housing Regulatory Authority's (CHRA’s) decisions affecting registration such as refusing registration or suspending or revoking registration, or refusing to revoke registration where this has been requested by the CHP.
Any appeal must be within 28 days after the decision appealed against was made.
An alternative to appealing to the District Court is trying to resolve your issue with the Authority through Dispute Resolution options.
How do you appeal?
The District Courts Act 1947 and the District Court Rules 2009 apply to an appeal against CHRA’s decisions, with any necessary modification that the Court thinks fit. Visit the District Court website(external link) and read Part 14 of the District Court Rules(external link).
An appeal may be commenced by filing a Notice of Appeal in the District Court in Wellington, or another District Court agreed with CHRA, within 28 days of the decision that is being appealed against is made. A copy of the Notice to Appeal must be to the Manager of CHRA.
What can the District Court decide?
The District Court has all the powers CHRA has in making a decision – including deciding whether to hold the hearing in private, and whether to order certain parts of the proceedings not be made public. If the Court allows the appeal, deciding in favour of the CHP, then it can modify or reverse CHRA’s decision, make further orders, or return the matter to CHRA for further consideration and decision.
Effect of appeal
The act of commencing an appeal does not put the decision appealed against on hold, unless the District Court orders otherwise.