SAMPLE S.12 LETTER

(1)

Notice of Decision

The decision is to …...

The decision was made under s. of the …… Act.

The decision was made by ……….

I am required by s12(1) of the Magistrates Court (Administrative Appeals Division)Act 2001 to advise you of your rights in relation to the decision.

  • You have the right to apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.

If a statement of reasons for the decision from the decision maker is not requested, then the application for review may be made within 28 days of the date of receipt of this notice.

  • You have the right to request a statement of reasons for the decision. To request a statement of reasons you should write to …[..decision maker] within 28 days from the date of receipt of this letter and request a statement of reasons for the decision..

If a statement of reasons for the decision is requested and a reply is provided by the decision maker, you may apply for a review of the decision within 28 days of the receipt of the reply.

This notice is in accordance with s12 of the Magistrates Court (Administrative Appeals Division)Act.

SAMPLE S.12 LETTER

(2)

NOTICE OF DECISIONSECTION 12

The decision is …...

The decision was made under s. of the …… Act.

The decision was made by ……….

I am required by s12(1) of the Magistrates Court (Administrative Appeals Division)Act 2001 to advise you of your rights in relation to the decision.

  • You have the right to apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision within the prescribed period.
  • You have the right to request a statement of reasons for the decision. To request a statement of reasons you should write to [decision maker] within 28 days from the date of receipt of this letter and request a statement of reasons for the decision..

For the purposes of applying for a review, s17(2) of the Magistrates Court (Administrative Appeals Division)Act states that “prescribed period” means:

a) if the person has requested a statement of reasons under section 13 and was provided with that statement or notified under section 14 of a refusal to provide reasons, 28 days from the date on which the statement of reasons was provided or notification of the refusal to provide reasons was given; or

(b) if the person has not requested a statement of reasons under section 13, 28 days from the date on which the person was notified of the making of the reviewable decision.

This notice is in accordance with s12 of the Magistrates Court (Administrative Appeals Division)Act.