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Electricity Industry Act 2010

Electricity industry governance - Monitoring and enforcement - Appeals

71: Appeal to Court of Appeal in certain cases

You could also call this:

"You can ask for permission to appeal to a higher court if you disagree with a decision"

If you are not happy with a decision or order made by the High Court in an appeal under this Part, you can ask for permission to appeal to the Court of Appeal. You need to get permission either from the High Court or the Court of Appeal to do this.

The rules for this kind of appeal are set out in Section 56 of the Senior Courts Act 2016.

When deciding whether to let you appeal, the court will think about:

  • If there's an important legal question or general principle involved
  • How important the issues are to the people involved
  • How much money is at stake
  • Any other things that might be important in your specific case

If the court says you can appeal, they might also set some conditions. For example, they might decide who has to pay for the costs of the appeal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634411.

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Part 2Electricity industry governance
Monitoring and enforcement: Appeals

71Appeal to Court of Appeal in certain cases

  1. Any party to an appeal before the High Court under this Part who is dissatisfied with a decision or order of the High Court, may, with the leave of the High Court or of the Court of Appeal, appeal to the Court of Appeal.

  2. Section 56 of the Senior Courts Act 2016 applies to the appeal.

  3. In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to the following matters:

  4. whether any question of law or general principle is involved:
    1. the importance of the issues to the parties:
      1. the amount of money in issue:
        1. any other matters that in the particular circumstances the court thinks fit.

          1. The court granting leave may, in its discretion, impose any conditions that it thinks fit, whether as to costs or otherwise.

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          Notes
          • Section 71(2): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).