To commence a second appeal, you file a notice of application for leave to appeal in the second appeal court. You do this if you are a convicted person or a prosecutor. You must file the notice within 20 working days after the date of the decision you are appealing against.

The court can allow more time for you to file the notice if it wants to. This means the 20 working days is not always a hard deadline.

You can ask the court for more time to file your notice at any time.

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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=DLM3360431.

Topics:

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

254: Second appeal courts, or

"Courts you can go to if you want to appeal a decision again"

256: Second appeal court to determine appeal, or

"A higher court decides if your sentence is fair when you appeal again."

Part 6Appeals
Appeals against sentence: Further appeals

255How to commence second appeal

A convicted person or prosecutor commences a second appeal under this subpart by filing a notice of application for leave to appeal in the second appeal court.
A notice of application for leave to appeal must be filed within 20 working days after the date of the determination appealed against.
The second appeal court may, at any time, extend the time allowed for filing a notice of application for leave to appeal.