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Human Rights Act 1993

Human Rights Review Tribunal - Procedure of Tribunal

124: Appeal to Court of Appeal on a question of law

You could also call this:

"Appealing a High Court Decision to the Court of Appeal"

Illustration for Human Rights Act 1993

You can appeal to the Court of Appeal if you are not happy with a decision made by the High Court under the Human Rights Act 1993. You need to get permission from the High Court to do this, and you have to ask for this permission within 15 working days of the High Court's decision. The High Court will only give you permission if the question of law is important or should be looked at by the Court of Appeal. You can still appeal to the Court of Appeal even if the High Court says no, by asking the Court of Appeal for special permission. You have to do this within 15 working days of the High Court saying no. The Court of Appeal will look at whether the question of law is important or should be looked at by them. When you appeal to the Court of Appeal, they have the same power as the High Court to make decisions. The Court of Appeal's decision is final, and you cannot appeal it again. If the Court of Appeal makes a decision, the High Court has to follow it, and the same things will happen as if the Court of Appeal's decision had been made in 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=DLM305451.

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Part 4Human Rights Review Tribunal
Procedure of Tribunal

124Appeal to Court of Appeal on a question of law

  1. Any party to any proceedings before the High Court under this Act may, with the leave of the High Court, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in those proceedings: provided that, if the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.

  2. A party desiring to appeal to the Court of Appeal under this section shall, within 15 working days after the determination of the High Court, or within such further time as that court may allow, give notice of his or her application for leave to appeal in such manner as may be directed by the rules of that court, and the High Court may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

  3. Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 15 working days after the refusal of the High Court or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by the rules of that court, for special leave to appeal to that court, and the Court of Appeal may grant leave accordingly if, in the opinion of that court, the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

  4. On any appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.

  5. The same judgment must be entered in the High Court, and the same execution and other consequences and proceedings must follow on it, as if the decision of the Court of Appeal on an appeal under this section had been given in the High Court.

  6. The decision of the Court of Appeal on any application to that court for leave to appeal shall be final.

Compare
  • 1977 No 49 s 64
Notes
  • Section 124(2): amended, on , by section 97(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 124(3): amended, on , by section 97(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 124(5): substituted, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).