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Criminal Procedure Act 2011

Appeals - Appeals against finding of or sentence for contempt of court - First appeals

262: How to commence first appeal

You could also call this:

"How to Start Your First Appeal in Court"

Illustration for Criminal Procedure Act 2011

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

You must file your notice within 20 working days after something important happens. This can be after you are found in contempt of court, or after you are given a sentence for contempt. The time you are given to file can be extended by the court you are appealing to.

The court can extend the time for filing at any time, which means you might get more time to file your notice. You can find more information about changes to this rule in section 261 of the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360440.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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261: First appeal courts, or

"Which court you appeal to if you disagree with a contempt finding"

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263: First appeal court to determine appeal, or

"The first appeal court decides if they agree with a decision about contempt."

Part 6Appeals
Appeals against finding of or sentence for contempt of court: First appeals

262How to commence first appeal

  1. A 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, the High Court, or the 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—

      2. the date of the finding of contempt, if the appeal is against the finding only:
        1. the date of the sentence imposed for the contempt, in any other case.

          1. 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.

          Notes
          • Section 262(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).