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Corrections Act 2004

Corrections system - Miscellaneous - Property damage caused by escapers

189: Procedure, evidence, and appeals

You could also call this:

"How the court handles your application, what evidence they can use, and what to do if you disagree with their decision"

Illustration for Corrections Act 2004

When you make an application under section 185, you can go to the hearing and talk to the court, or your lawyer can do it for you. The court can use any information that helps them make a decision, even if it's not normally allowed in court. You can give them statements, documents, or other evidence that might be useful.

The court can also use notes from a trial or other court case related to the same incident, as long as it helps them deal with your application under section 185. This can include notes from a trial where someone was accused of a crime, or from a civil case where people were arguing about something related to the incident.

If the court makes a decision about your application under section 185 or this process, you can't usually appeal against it, unless you think the court made a mistake about the law, in which case you can appeal to the High Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM297101.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Victim support
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188: Hearing of claims, or

"When you ask for money because something of yours was lost or damaged, a court will listen to your story and decide if you should get paid."

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189A: Interpretation, or

"What special words mean in this law"

Part 2Corrections system
Miscellaneous: Property damage caused by escapers

189Procedure, evidence, and appeals

  1. On the hearing of any application under section 185, the applicant is entitled to appear and be heard, either in person or by his or her lawyer.

  2. The court may receive in evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matters before it (whether or not it would be otherwise admissible in a court of law).

  3. Without limiting the generality of subsection (2), the court may receive in evidence—

  4. any notes of evidence or depositions taken at any trial of the escaper in respect of any alleged offence arising out of the act or omission on which a claim under section 185 is based; or
    1. any notes of evidence taken in any civil proceedings arising out of that act or omission.

      1. There is no right of appeal against a determination of the District Court under section 185 or this section, except by way of an appeal to the High Court on a point of law.

      Compare
      • 1954 No 51 s 41B(4)–(7)
      Notes
      • Section 189(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).