Social Workers Registration Act 2003

Appeals

96: Appeal on question of law

You could also call this:

"You can ask the High Court to check if a District Court decision is wrong in law."

Illustration for Social Workers Registration Act 2003

If you are unhappy with a decision made by the District Court because you think it is wrong in law, you can appeal to the High Court, but only about the law. You can only appeal about the law, not about other things. The High Court will hear and decide your appeal according to its rules.

The High Court will also follow Part 6 of the Criminal Procedure Act 2011 when hearing your appeal, but only the parts that apply to appeals about law. This means the court will use the relevant rules, but might need to adjust them to fit your situation. If there is a conflict between these rules and the court's usual rules, the rules about appeals on questions of law will be used.

If the court's usual rules conflict with the rules about appeals on questions of law, the rules about appeals on questions of law will override the court's usual rules. This means the court will follow the rules about appeals on questions of law when deciding your appeal. You should know that the court will make its decision based on these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190280.


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"The court can stop people from sharing a social worker's name if it's fair and private."


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"A group to oversee social workers in New Zealand is set up by this law."

Part 5Appeals

96Appeal on question of law

  1. If dissatisfied with a decision of the District Court as being erroneous in law, a party to an appeal under this Part may appeal to the High Court on a question of law only.

  2. The appeal must be heard and determined in accordance with rules of court.

  3. Part 6 of the Criminal Procedure Act 2011 applies to the appeal—

  4. so far as it is applicable and with all necessary modifications; but
    1. only so far as it relates to appeals on questions of law.
      1. Subsection (3) overrides subsection (2).

      Notes
      • Section 96(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).