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Criminal Procedure Act 2011

Appeals - Appeals against conviction - First appeals

231: How to commence first appeal

You could also call this:

"Starting Your First Appeal: Filing a Notice in Court"

Illustration for Criminal Procedure Act 2011

To start a first appeal, you file a notice in court. You file a notice of appeal if you are appealing to the District Court, High Court, or Court of Appeal. You file a notice of application for leave to appeal if you are appealing to the Supreme Court.

You must file your notice within 20 working days after you were sentenced. The court can give you more time to file your notice if they want to. You can ask the court for more time at any point.

The rules for starting an appeal are similar to rules in the past, such as in the 1986 legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360399.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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230: First appeal courts, or

"Courts you can appeal to if you disagree with a decision"

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232: First appeal court to determine appeal, or

"The first appeal court decides if a decision was wrong and if you should win your appeal."

Part 6Appeals
Appeals against conviction: First appeals

231How to commence first appeal

  1. A convicted person commences a first appeal under this subpart by filing in the first appeal court—

  2. a notice of appeal, if the court appealed to is the District Court, High Court, or Court of Appeal; or
    1. a notice of application for leave to appeal, if the court appealed to is the Supreme Court.

      1. A notice of appeal or notice of application for leave to appeal must be filed within 20 working days after the date of sentence for the conviction appealed against.

      2. The first appeal court may, at any time, extend the time allowed for filing a notice of appeal or notice of application for leave to appeal.

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