Criminal Procedure Act 2011

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

269: Further appeal from determination of 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 a party to a second appeal that the Court of Appeal has made a decision on, you can appeal to the Supreme Court, but only if they give you permission. You can only appeal on a question of law, which means you think the Court of Appeal made a mistake in how they understood the law. To start this appeal, you follow the same process as outlined in Section 266, with a few changes.

The Supreme Court will only let you appeal if they think the Court of Appeal's decision was wrong in law. They have the power to make decisions on your appeal, just like the Court of Appeal did, as long as they follow the rules. This means the Supreme Court can make a final decision on your case, but only if they think the law was applied incorrectly.

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 It might be out of date or be missing some parts.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=DLM3360448.


Previous

268: 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

270: Interpretation, or

"What special words mean in the law"

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

269Further appeal from determination of Court of Appeal

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

  2. The appeal may be brought only on a question of law.

  3. Section 266 (how to commence appeal) applies with the 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 second appeal court has to determine an appeal under this subpart, subject to subsection (4).