Public Health Act 2005

The emergency officer (medical) or the chief executive or the person detained may appeal to the District Court against a decision of the magistrate on an application for an order ending a person’s detention.

If the emergency officer (medical) or the chief executive is the appellant, the decision appealed against is stayed on the filing of the notice of appeal and the detention order continues.

The District Court must hear and decide the appeal without delay.

If the emergency officer (medical) or the chief executive is the appellant, the District Court may make an order—

allowing the appeal; or

confirming the decision appealed against and dismissing the appeal.

If the person detained is the appellant, the District Court may make an order—

ending the detention order; or

confirming the decision appealed against and dismissing the appeal.

The District Court may make the other orders the court considers appropriate.

However, the District Court may not order a party other than the chief executive to pay the costs of the appeal.