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:

“You can challenge a legal decision if you think the judge made a mistake about the law.”

If you’re not happy with a decision made by the District Court in an appeal about building, you can ask the High Court to look at it again. This is only for questions about how the law was applied, not about the facts of the case.

When you do this, you need to follow the rules set by the court. These rules tell you how to present your case and what steps to take.

The way your appeal is handled will be similar to how criminal cases are dealt with in court. The rules for criminal cases will be used, with some changes to make them fit building appeals.

If there’s any conflict between the court rules and the way criminal cases are handled, the criminal case method will be used.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308667.

Topics:
Crime and justice > Courts and legal help
Housing and property > Home safety and repairs

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Part 4 Regulation 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).