Criminal Procedure Act 2011

Appeals - Appeals against pre-trial decisions - First appeals

221: First appeal court to determine appeal

You could also call this:

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

Illustration for Criminal Procedure Act 2011

When you appeal a decision, the first appeal court will decide what to do with your appeal. They can confirm the original decision, which means they agree with it. They can also vary the decision, which means they change it in some way.

The court can set aside the decision, which means they cancel it, and make a new order that they think is right. You can find more information about how this law has changed over time by looking at the previous law. The court's decision will depend on the details of your 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=DLM3360387.


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"How to Start Your First Appeal in Court"


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222: Trial court may allow trial to proceed, or

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

221First appeal court to determine appeal

  1. A first appeal court must determine a first appeal under this subpart by—

  2. confirming the decision appealed against; or
    1. varying the decision appealed against; or
      1. setting aside the decision appealed against and making any other order it considers appropriate.
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