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Maritime Transport Act 1994

General offences and provisions in relation to offences and appeals under this Act - Rights of appeal

428: Further appeal to Court of Appeal

You could also call this:

"You can appeal a decision to a higher court, the Court of Appeal, if you disagree with a law decision."

If you are a party to an appeal under section 427, you can appeal to the Court of Appeal on a question of law. You need to get leave from the High Court, or if they say no, you can ask the Court of Appeal for special leave. The Court of Appeal can then make any order or decision it thinks is right. The Court of Appeal's decision is final, which means you cannot appeal it further. When you appeal to the Court of Appeal, you have to follow the rules of court, unless this section says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338393.

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Part 28General offences and provisions in relation to offences and appeals under this Act
Rights of appeal

428Further appeal to Court of Appeal

  1. Every party to an appeal under section 427 may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law.

  2. On any appeal under subsection (1), the Court of Appeal may make such order or determination as it thinks fit.

  3. The decision of the Court of Appeal on an appeal under this section, or on any application for leave to appeal to the court, shall be final.

  4. Subject to this section, the procedure in respect of any appeal under this section shall be in accordance with the rules of court.

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