Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Procedural provisions - Appeals

134: Further appeal to Court of Appeal

You could also call this:

"You can ask a higher court to review a decision made by a lower court if they give you permission."

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If you are involved in an appeal under section 133, you can ask the Court of Appeal if you can appeal to them about a decision made by the High Court. The Court of Appeal will only let you do this if they give you permission. You can appeal to the Court of Appeal about a decision the High Court made on a question of law. The Court of Appeal has the same power as the High Court to make decisions on your appeal. The Court of Appeal's decision on your appeal is final, and they also make the final decision on whether to let you appeal to them in the first place, as stated in the appeal process that can be found by following the link to section 133.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225983.


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Part 9Procedural provisions
Appeals

134Further appeal to Court of Appeal

  1. A party to an appeal under section 133 may, with the leave of the Court of Appeal, appeal to the Court of Appeal against a determination of the High Court on a question of law arising in an appeal under that section.

  2. On an appeal to the Court of Appeal under this section, the Court of Appeal has the same power to adjudicate on the proceeding as the High Court had.

  3. The decision of the Court of Appeal on an appeal, and on an application for leave to appeal, is final.

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