Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Appeals - Appeals against pre-trial decisions - Further appeals

228: Further appeal from determination of second appeal by Court of Appeal

You could also call this:

"Appealing to the Supreme Court if you think the Court of Appeal got the law wrong"

Illustration for Criminal Procedure Act 2011

If you are involved in a case and the Court of Appeal has made a decision, you can appeal to the Supreme Court. You need to get the Supreme Court's permission to do this, and it only applies if section 215 is relevant to your case.

You can only appeal on a question of law, which means you think the Court of Appeal made a mistake in how they applied the law.

To appeal, you follow a process that is similar to starting an appeal, as outlined in section 225, but with some changes. The Supreme Court will only allow your appeal if they think the Court of Appeal's decision was wrong in law.

The Supreme Court has the power to make decisions on your appeal, similar to a court hearing a first appeal, but they must follow certain rules.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360394.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

227: High Court's determination of second appeal final, or

"The High Court's decision on a second appeal is final and cannot be changed."

Next

229: Right of appeal against conviction, or

"What to do if you think you've been wrongly found guilty of a crime"

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

228Further appeal from determination of second appeal by Court of Appeal

  1. A party to a second appeal determined under this subpart by the Court of Appeal in a case to which section 215 applies may, with the leave of the Supreme Court, appeal under this subpart to the Supreme Court against the determination.

  2. An appeal under this section may be brought only on a question of law.

  3. Section 225 (how to commence appeal) applies with necessary modifications.

  4. The Supreme Court may allow an appeal only if satisfied that the determination appealed against is wrong in law.

  5. The Supreme Court has the same powers as a first appeal court has to determine a first appeal under this subpart, subject to subsection (4).