Plain language law

New Zealand law explained for everyone

Electricity Act 1992

General - Functions and powers of WorkSafe and Secretary

14: Appeal against decision on application for injunction

You could also call this:

“You can ask a higher court to review a decision about stopping someone from doing something”

If you’re unhappy with a decision made by the District Court about an injunction, you can appeal to the High Court. This means you can ask the High Court to look at the decision again.

When you appeal, you’ll need to follow some special rules. These rules are called the High Court Rules 2016 and parts of the District Court Act 2016. They explain how to make your appeal.

If you’re the person making the appeal, you can ask the District Court to say you don’t have to pay money to the High Court before your appeal. This money is usually needed to cover costs if you lose your appeal.

If you’re still not happy after the High Court makes its decision, you can sometimes ask the Court of Appeal to look at it. But you need to get permission first, and you can only appeal about questions of law, not facts.

The Court of Appeal can make the same kinds of decisions about your case as the High Court could. Whatever the Court of Appeal decides is final - you can’t appeal it further.

Usually, the High Court’s decision is final too, unless you get permission to go to the Court of Appeal.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM282432.

Topics:
Crime and justice > Courts and legal help
Previous

13: WorkSafe may require immediate compliance, or

"WorkSafe can make you follow safety rules right away if it's dangerous"

Next

15: Assessors, or

"Experts who help decide if you disagree with WorkSafe"

Part 2 General
Functions and powers of WorkSafe and Secretary

14Appeal against decision on application for injunction

  1. A party to proceedings in the District Court on an application under section 13(3) may appeal to the High Court against any decision of the District Court.

  2. The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 124 of that Act.

  3. On the ex parte application of the appellant, the District Court may order that the appellant must not be required under section 126(1) of the District Court Act 2016 to give the Registrar of the High Court security for costs.

  4. Subsection (2) overrides subsection (1A).

  5. A party to any appeal under subsection (1) may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in an appeal under that subsection.

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

  7. The decision of the Court of Appeal on an appeal to that court under this section, and on an application to it under this section for leave to appeal, shall be final.

  8. Subject to subsections (3) to (5), the decision of the High Court on an appeal to that court under this section shall be final.

Notes
  • Section 14(1): substituted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
  • Section 14(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 14(1A): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 14(2): substituted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
  • Section 14(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 14(2A): inserted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).