Electricity Act 1992

Appeals

147ZH: Appeal on question of law

You could also call this:

“You can ask a higher court to check if there was a mistake in understanding the law”

If you or the Board are not happy with a decision made by the District Court about an appeal under section 147ZA, and you think the decision is wrong because of a legal error, you can take the case to the High Court. You can only appeal about the legal mistake, not about other things.

When you make this kind of appeal, you need to follow special rules that the court has set up. These rules tell you how to present your case and what to do.

There’s also a part of another law called the Criminal Procedure Act 2011 that applies to these appeals. It’s called Subpart 8 of Part 6, and it has rules that you need to follow, with some changes to make it fit this situation.

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Part 12 Appeals

147ZHAppeal on question of law

  1. If, in respect of any appeal under section 147ZA, the Board or the appellant is dissatisfied with any decision of the District Court as being erroneous in point of law, the Board or the appellant may appeal to the High Court on the question of law only.

  2. Every appeal under this section must 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.

Notes
  • Section 147ZH: inserted, on , by section 13 of the Electricity Amendment Act 2006 (2006 No 70).
  • Section 147ZH(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 147ZH(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).