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Appeals process – Advertising Standards Complaints Board

Appealing an Advertising Standards Complaints Board Decision

(a) Any party to a complaint which has been adjudicated on without the attendance of parties may appeal the ASCBís decision. The request for an appeal shall be made in writing to the Secretary within 14 days of receipt of the ASCBís written decision. The Chairman of the ASCB shall decide whether or not to accept the appeal application. The appeal application may be accepted on any of the following grounds:

(i) The proper procedures have not been followed.

(ii) There is new evidence of sufficient substance to affect the decision.

(iii) Evidence provided to the Complaints Board has been misinterpreted to the extent that it has affected the decision.

(iv) The decision is against the weight of evidence.

(v) It is in the interests of natural justice that the matter be reheard.

(b) If the Chairman of the ASCB accepts an appeal, the Chairman of the ASCB will order that the appeal either be referred to the ASCAB, or to the ASCB for rehearing. Pending determination of the appeal or rehearing the Chairman of the ASCB may suspend the previous decision.

Appealing a Chairman's Ruling

(c) Any party to a complaint may appeal any ruling of the Chairman of the ASCB to the Chairman of the ASCAB. The request for an appeal shall be made in writing to the Secretary within 14 days of receipt of the ruling of the Chairman of the ASCB. The ASCAB Chairman shall decide whether or not to accept the appeal application. The appeal application may be accepted on any of the following grounds:

(i) The proper procedures have not been followed.

(ii) There is new evidence of sufficient substance to affect the ruling.

(iii) Evidence provided to the Chairman of the ASCB has been misinterpreted to the extent that it has affected the ruling.

(iv) The ruling is against the weight of evidence.

(v) It is in the interests of natural justice that the matter be reheard.

(d) If the Chairman of the ASCAB accepts an appeal, the Chairman of the ASCAB will order that the appeal either be referred to the ASCAB, or to the ASCB for rehearing. Pending determination of the appeal or rehearing the Chairman of the ASCAB may suspend the Decision.

Taken from Rule 6, Second Schedule, Constitution of the Advertising Standards Authority Inc.

For further information contact:

Phone: (04) 472 7852 (or 0800 AD HELP / 0800 234 357)
Fax: (04) 471 1785
Email: asa@asa.co.nz

Advertising Standards Authority New Zealand, PO Box 10-675, Wellington 6143. PH (04) 472 7852 FAX (04) 471 1785 Email asa@asa.co.nz