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Electricity Act 1992

General - Functions and powers of WorkSafe and Secretary

12: Appeal on question of law

You could also call this:

“You can challenge a District Court's legal decision in the High Court”

If you’re not happy with a decision made by the District Court about an objection under section 9, you can appeal to the High Court. You can only appeal if you think the District Court made a mistake about the law, not about the facts.

The appeal will be handled according to the rules of the court, unless there are special rules that apply. These special rules are found in a part of the Criminal Procedure Act 2011.

When you file a notice to appeal, the original notice or requirement that you’re appealing about will be put on hold. This means nothing will happen with it until your appeal is finished or you decide to stop appealing. However, there are some exceptions to this rule, which are explained in section 13.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM282430.

Topics:
Crime and justice > Courts and legal help
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Part 2 General
Functions and powers of WorkSafe and Secretary

12Appeal on question of law

  1. Where any party to an objection under section 9 is dissatisfied with the decision of the District Court on that objection as being erroneous in point of law, that party may appeal to the High Court on the question of law only.

  2. Subject to subsection (3), every appeal under this section shall be heard and determined in accordance with rules of court.

  3. Subpart 8 of Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications to every appeal under this section.

  4. Subject to section 13, where a notice of appeal is filed pursuant to this section, the notice or requirement to which the notice of appeal relates shall be suspended until the appeal has been determined or abandoned.

Notes
  • Section 12(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 12(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 12(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 12(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).