Home

Appeals process Liquor Promotions Complaints Board

Appealing a Liquor Promotions Complaints Board Decision

(Rules of the Advertising Standards Authority Inc., Second Schedule, 6. APPEAL)

(a) Any party to a complaint which has been adjudicated on without the attendance of parties may appeal the LPCB's decision. The request for an appeal shall be made in writing to the Secretary within 14 days of receipt of the LPCB's written decision. The LPCB Chairman shall decide whether or not to accept the appeal application. The appeal application may be accepted upon 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 LPCB 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 LPCB Chairman accepts an appeal, the LPCB Chairman will order that the appeal either be referred to the ASCAB or to the LPCB for rehearing. Pending determination of the appeal or rehearing the Chairman of the LPCB may suspend the previous decision.

Appealing a Chairman's Ruling

(c) Any party to a complaint may appeal any ruling of the LPCB Chairman 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 LPCB. 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: The appeal can be 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 LPCB 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 ASCAB Chairman accepts an appeal, the ASCAB Chairman will order that the appeal either be referred to the ASCAB, or to the LPCB for rehearing. Pending determination of the appeal or rehearing the Chairman of the ASCAB may suspend the previous Decision.

Taken from Rule 6, Fourth 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