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Biosecurity Act 1993

Enforcement, offences, and penalties - Compliance orders

154F: Appeal to High Court, Court of Appeal, or Supreme Court

You could also call this:

"You can appeal to a higher court if you disagree with a decision made about you."

You can appeal to the High Court if you do not agree with a decision made under section 154E. The High Court Rules 2016 and some parts of the District Court Act 2016 apply to this appeal. You can appeal to the High Court as if you were appealing under section 124 of the District Court Act 2016.

You can appeal to the Court of Appeal or the Supreme Court if you do not agree with the High Court's decision. You need to get permission from the court you are appealing to, and you must follow section 75 of the Senior Courts Act 2016. The Court of Appeal or the Supreme Court has the same power as the High Court to make a decision on your appeal.

The Court of Appeal or the Supreme Court can make a decision on your appeal, just like the High Court did. They have the same power to decide your appeal. You can find more information about the rules that apply to your appeal in the High Court Rules 2016 and the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759447.

Topics:
Crime and justice > Courts and legal help
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154E: Appeal to District Court, or

"Challenging a compliance order: how to appeal to the District Court"

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154G: Effect of appeal, or

"What happens when you appeal a compliance order under the Biosecurity Act"

Part 8Enforcement, offences, and penalties
Compliance orders

154FAppeal to High Court, Court of Appeal, or Supreme Court

  1. A party to an appeal under section 154E may appeal to the High Court on a question of law.

  2. The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016 apply to an appeal under subsection (1)—

  3. as if it were an appeal under section 124 of the District Court Act 2016; and
    1. with all necessary modifications.

      1. A party to an appeal under subsection (1) may appeal to the Court of Appeal or the Supreme Court against a determination of the High Court on a question of law, with the leave of the court appealed to, and subject to section 75 of the Senior Courts Act 2016.

      2. The Court of Appeal or the Supreme Court hearing an appeal under this section has the same power to adjudicate on the appeal as the High Court had.

      Notes
      • Section 154F: inserted, on , by section 66 of the Biosecurity Law Reform Act 2012 (2012 No 73).
      • Section 154F(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 154F(2): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
      • Section 154F(2)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 154F(3): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).