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Physical Address
Ground Floor,
79 Boulcott Street,
Wellington
Postal Address
P O Box 10 675,
Wellington 6143
Telephone
(04) 472 7852 or
0800 ADHELP (0800 234357)
Facsimile
(04) 471 1785
Email
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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 ASCB’s decision. The request for an appeal shall be made in writing to the Secretary within 14 days of receipt of the ASCB’s 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


Complaints ASCB Decision Process How to make a complaint - ASCB Online Complaint Form Codes Alcohol Children Children's Food Comparative Environmental Ethics Financial Food Gaming People Therapeutic Products Therapeutic Services Vehicles Weight Management Codes Booklet Guidance Notes Alcohol Social Media Substantiation Prior Codes Children 2006 Comparative Environmental Food 2006 Alcohol Advertising Alcohol Promotions Decisions 2006 2007 2008 2009 2010 2011 2012 2013 Appeals Process (ASCB) Search Database Recent Decisions to Media About the ASA Advertising Standards Complaints Board (ASCB) Advertising Standards Complaints Appeals Board (ASCAB) Chairman's Statement Constitution Interpretation Privacy Policy Who We Are Pre-Vetting LAPS TAPS TAPS Resources Resources Advertisement or Editorial? Advocacy Principles Children and Food Review Election Advertising Legal Expertise Liquor Review 2011 Madelin Report Media Releases Social Responsibility TAPS Resources Physical Address Ground Floor, 79 Boulcott Street, Wellington Postal Address P O Box 10 675, Wellington 6143 Telephone (04) 472 7852 or 0800 ADHELP (0800 234357) Facsimile (04) 471 1785 Email asa@asa.co.nz	Home 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 ASCB’s decision. The request for an appeal shall be made in writing to the Secretary within 14 days of receipt of the ASCB’s 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