The appeals process

Appealing an Advertising Standards Complaints Board Decision

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 Appeal Board Chairperson shall decide whether to accept the matter upon any of the following grounds:

  1. The proper procedures have not been followed.
  2. There is new evidence of sufficient substance to affect the decision.
  3. Evidence provided to the Complaints Board has been misinterpreted to the extent it has affected the decision.
  4. The decision is against the weight of evidence.
  5. It is in the interests of natural justice that the matter be reheard.

If the Chairperson accepts an appeal it may be referred to the Complaints Board for a re-hearing or to the Appeal Board. Pending determination of the appeal or rehearing the Chairperson may suspend the previous decision.

Appealing a Chairman’s Ruling

Any interested party to a complaint may appeal any ruling of the Chairperson of the Complaints Board to the Chairperson 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. The appeal can be on any of the following grounds:

  1. The proper procedures have not been followed.
  2. There is new evidence if sufficient substance to affect the ruling.
  3. Evidence provided to the Chairman of the Complaints Board has been misinterpreted to the extent that it has affected the ruling.
  4. The ruling is against the weight of evidence.
  5. It is in the interests of natural justice that the matter be reheard.

For further information

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

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