A new hearing could be held in Christchurch tomorrow, if the national code of conduct commissioner, Nick Davidson, believes New Zealand Cricket has a case.
``New Zealand Cricket is concerned that Howell's actions have brought the game into disrepute and provided an unacceptable example to followers of the game,'' a statement from New Zealand Cricket said yesterday.
Howell was fined $150 for spitting at Central Districts bowler David Blake during the Shell Cup one-day match at Napier on Friday. The incident happened during Howell's innings of 58.
Central Districts captain Craig Spearman apparently brought the incident to the attention of the umpires, and it was confirmed by television replays.
However, the man who fined Howell, Central Districts regional commissioner Russell Robinson, did not have the video footage of the incident available to him.
New Zealand Cricket general manager Tim Murdoch confirmed an appeal had been lodged with Davidson.
He did not want to comment on what the national body believed would be a more appropriate penalty. There is no set financial penalty for such an action.
``But by the mere fact we are appealing it shows we believe it needs to be reviewed,'' Murdoch said.
If he believes it should go to a hearing, Davidson will consider the original code of conduct report, as well as submissions from New Zealand Cricket and, possibly, Howell.
Howell said yesterday he did not want to comment. ``I am waiting to see what's going to happen with the New Zealand Cricket judiciary. I am not sure what's happening myself.
``I have really been going through (Canterbury coach) Garry MacDonald and (Canterbury chief executive) Tony Murdoch. They know a little bit more about the process than I do.''
Last January, Howell threw his Shell Cup runner-up medal at a concrete wall soon after the final against Northern Districts, an action which he later said he regretted.
Some reports yesterday indicated that the spitting incident might have hampered Howell's chances of being selected for the New Zealand one-day team to play India. It is due to be announced in Hamilton on Wednesday, at the end of the third test.
Last year, Warriors league captain Matthew Ridge was accused of spitting at a spectator during an NRL match. He was cleared of the charge, but an NRL official stated at the time that such a charge, if proven, could lead to a five to six-week ban from the game.