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:

"Appealing to a Higher Court: The Court of Appeal"

Illustration for Maritime Transport Act 1994

You can appeal to the Court of Appeal if you are a party to an appeal under section 427. You need to get leave from the High Court or special leave from the Court of Appeal to do this. The Court of Appeal can then make a decision on the question of law. You can ask the Court of Appeal to make an order or determination on your appeal. The Court of Appeal's decision is final, whether it is about your appeal or your application to appeal. The rules of court apply to the procedure for your appeal, except where this section says otherwise. The Court of Appeal's decision on your appeal or application is final and cannot be changed. You must follow the rules of court when making your appeal, unless this section says you can do something differently. This means you have to follow the normal process for making an appeal to the Court of Appeal.

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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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