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Criminal Records (Clean Slate) Act 2004

Clean slate scheme

12: Right of appeal

You could also call this:

"If a court says no to your request, you can ask a higher court to look at it again."

Illustration for Criminal Records (Clean Slate) Act 2004

You can appeal to the High Court if the District Court says no to your request under section 10. You can appeal to the Court of Appeal if the High Court says no to your request under section 10. You must make your appeal within 28 days of the decision or ask the court for more time. You make an appeal to have your case heard again. The court can agree with the original decision, change it, or make a new decision when they hear your 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=DLM293504.

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Topics:
Crime and justice > Courts and legal help
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11: Further application, or

"Applying again for a clean slate"

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"Keep Your Name Private When Applying or Appealing"

Part 2Clean slate scheme

12Right of appeal

  1. An individual may appeal to the High Court against the decision of the District Court if the District Court declines to make an order under section 10.

  2. An individual may appeal to the Court of Appeal against the decision of the High Court if the High Court declines to make an order under section 10.

  3. An appeal under this section must be brought in accordance with the appropriate rules of court within 28 days of the decision, or within such further time as the High Court or the Court of Appeal (as the case may be) may allow on application made before or after the expiration of that period.

  4. An appeal under this section is by way of rehearing.

  5. On the hearing of an appeal under this section, a court may confirm, reverse, or modify the decision appealed against.

Notes
  • Section 12(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).