Criminal Procedure Act 2011

Appeals - Appeals against pre-trial decisions - First appeals

216: Refusal to give leave to appeal under section 215

You could also call this:

"When the court says no to your appeal before the trial is finished"

Illustration for Criminal Procedure Act 2011

If you apply to appeal under section 215, this section is relevant to you. The court that hears your first appeal can refuse your application if they think it is better to deal with the issue after the trial is finished. They can also refuse your application for other reasons, this is just one example.

You might have filed an application for leave to appeal under section 215, and now the court is considering it. The court has the power to refuse your application, and one reason they might do this is if they think it would be better to look at the issue later. The court can still refuse your application even if this reason does not apply.

The court's decision is based on what they think is best in your case, and they can consider many factors when making their decision. They might refuse your application if they think the issue should be dealt with at a different time. This does not limit the court's power to make decisions about your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360382.

This page was last updated on 29 June 2025 — View changes

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

215: Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case, or

"You can appeal some court decisions before a Judge-alone trial starts, with permission from a higher court."

217: Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case, or

"You can appeal some court decisions made before a jury trial starts, with permission from a higher court."

Part 6Appeals
Appeals against pre-trial decisions: First appeals

216Refusal to give leave to appeal under section 215

This section applies if an application for leave to appeal under section 215 is filed.
The first appeal court may refuse to give leave to appeal if the court considers that it is expedient for the issue under appeal to be determined by way of an appeal at the conclusion of the trial.
Subsection (2) does not limit the first appeal court's power to refuse to give leave for any other reason.