95Appeals against decisions concerning licences

#### 95 Appeals against decisions concerning licences 95 Appeals against decisions concerning licences > > (1) An applicant under Schedule 2 or the holder of a licence who is aggrieved by any of the following decisions of the Minister under that Schedule may appeal to the Supreme Court against the decision— > > > > > (a) a decision cancelling a licence, > > > > > (b) a decision imposing a condition on a licence (other than a condition imposed when the licence is granted), > > > > > (c) a decision varying the conditions of a licence, > > > > > (d) a decision refusing an application for the transfer of a licence, > > > > > (e) a decision imposing a monetary penalty on the holder of a licence. > > > (2) An appeal is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the decision was made, may be given on the appeal. > > > (3) For the purposes of an appeal, the Minister may certify in writing that a specified policy applies to the subject matter of the appeal. > > > (4) In deciding an appeal to which such a certificate relates, the Supreme Court is required to apply the policy so certified, except to the extent to which the application of that policy would be contrary to law. > > > (5) The decision of the Supreme Court in respect of an appeal is taken to be the decision of the Minister and is to be given effect to accordingly. > > **s 95:** Am 1997 No 20, Sch 1.3 \[12\]–\[14\]; 2002 No 122, Sch 1 \[1\].