Food Act 2014

Miscellaneous provisions - Immunity, delegation, and review provisions - Further appeals

364: Appeal to High Court on question of law

You could also call this:

"Appealing a decision to the High Court if you think the law was applied wrongly"

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If you are unhappy with a decision made by the District Court under section 362 because you think it is wrong in law, you can appeal to the High Court. You can only appeal on the question of law, which means you think the District Court made a mistake in how it applied the law. The High Court Rules 2016 and certain parts of the District Court Act 2016, such as sections 126 to 130, will apply to your appeal, with some modifications, as if you were appealing under section 124 of that Act. This means the rules that usually apply to appeals under section 124 will also apply to your appeal, but with some changes to fit your situation. When you appeal, you will follow the same process as someone appealing under section 124, but with the necessary modifications to make it work for your case.

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Part 5Miscellaneous provisions
Immunity, delegation, and review provisions: Further appeals

364Appeal to High Court on question of law

  1. A party to an appeal under section 362 who is dissatisfied with the decision of the District Court on the ground that it is wrong in law may appeal to the High Court on that question of law.

  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.

Notes
  • Section 364(2): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).