To commence a first appeal, you file a notice of application for leave to appeal in the first appeal court. You do this if you are a defendant or prosecutor who wants to appeal a decision. The notice must be filed within 20 working days after the decision was made.

The time limit to file the notice is 20 working days, but the first appeal court can extend this time if needed. You can find more information about this by looking at the related legislation. The court has the power to make decisions about the time allowed for filing the notice.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360386.

Topics:

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

219: First appeal courts, or

"Which court you appeal to first depends on who made the original decision"

221: First appeal court to determine appeal, or

"The first appeal court makes a decision on your appeal, and can agree, change or cancel the original decision."

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

220How to commence first appeal

A defendant or prosecutor commences a first appeal under this subpart by filing in the first appeal court a notice of application for leave to appeal to that court.
A notice of application for leave to appeal must be filed within 20 working days after the date of the decision to which the appeal relates.
The first appeal court may, at any time, extend the time allowed for filing a notice of application for leave to appeal.

Compare

1961 No 43 s 379A(5), (6)