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Appeals Process

Appealing an Advertising Standards Complaints Board Decision

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

(a) Any interested party, to a complaint which has been adjudicated on without the attendance of parties may appeal the decision of the Complaints Board. The request for an appeal shall be made in writing to the Secretary within 14 days of receipt of the Complaints Board's written decision. The Complaints Board Chairman shall decide whether to place the matter before the Appeal Board 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 Complaints Board has been misinterpreted to the extent 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.

If the Chairman orders an appeal it will be referred to the Appeal Board. The Chairman may at his own discretion order a rehearing by the Complaints Board but this does not preclude an Appeal from the rehearing. Pending determination of the appeal or rehearing the Chairman of the Complaints Board may suspend the previous decision.

Appealing a Chairman’s Ruling

(b) Any interested party to a complaint may appeal any ruling of the Chairman of the Complaints Board to the Chairman of the Appeal Board. The request for an appeal shall be made in writing to the Secretary within 14 days of receipt of the written ruling of the Chairman of the Complaints Board. 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 decision.

(iii) Evidence provided to the Complaints Board has been misinterpreted to the extent 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.

For further information contact:

The Deputy Secretary, Heather McKenzie
Phone: (04) 472 7852 (or 0800 AD HELP / 0800 234 357)
Fax: (04) 471 1785
Email: heather@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