Plain language law

New Zealand law explained for everyone

Building Act 2004

Regulation of building practitioners - Licensing and disciplining of building practitioners - Appeal from decisions

340: Appeal on question of law

You could also call this:

"Challenging a building decision in the High Court if you think the law was wrong"

If you are involved in an appeal to the District Court about a building matter, you can appeal to the High Court if you think the District Court made a mistake about the law. You do this by following the rules of the High Court. The High Court will hear and decide your appeal.

When you appeal to the High Court, some rules from the Criminal Procedure Act 2011 will apply to your case, but with some changes to fit your situation. These rules are in Subpart 8 of Part 6 of the Act. If there is a conflict between these rules and the High Court rules, the rules from the Criminal Procedure Act 2011 will be used.

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 It might be out of date or be missing some parts.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=DLM308667.

Topics:
Housing and property > Home safety and repairsCrime and justice > Courts and legal help
Previous

339: Orders as to publication of names, or

"The appeal authority can stop names from being shared to protect people's privacy and the public interest."

Next

341: Establishment of Board, or

"A special group is created to oversee building professionals"

Part 4Regulation of building practitioners
Licensing and disciplining of building practitioners: Appeal from decisions

340Appeal on question of law

  1. A party to an appeal to the District Court under this subpart may appeal to the High Court against any determination of law arising in the appeal.

  2. The appeal must be heard and determined in accordance with the appropriate 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.

  4. Subsection (3) overrides subsection (2).

Notes
  • Section 340(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).