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Criminal Procedure Act 2011

Appeals - Appeals against decisions on costs orders - First appeals

272: First appeal courts

You could also call this:

"Which court hears your appeal first?"

Illustration for Criminal Procedure Act 2011

If you want to appeal a decision, you need to go to a specific court. The court you go to depends on who made the original decision. If a Community Magistrate or a Justice of the Peace made the decision, you appeal to the District Court.

If a District Court Judge made the decision, but it was not for a serious offence, you appeal to the High Court. There are some exceptions, such as if you chose a jury trial for a serious offence. In other cases, you can appeal to either the Court of Appeal or the Supreme Court.

If you chose a jury trial but then changed your mind, you are treated as if you never chose a jury trial. However, if you had already started the appeal process, it will still be heard by the court that was originally going to hear it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360454.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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271: Right of appeal to first appeal court against decision about costs order, or

"Appealing a decision about court costs to a higher court"

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273: How to commence first appeal, or

"How to Start Your First Appeal in Court"

Part 6Appeals
Appeals against decisions on costs orders: First appeals

272First appeal courts

  1. The first appeal court for an appeal under this subpart is—

  2. the District Court presided over by a District Court Judge, if the appeal is against a decision of the District Court presided over by 1 or more Community Magistrates or 1 or more Justices of the Peace; or
    1. the High Court, if the appeal is against a decision of the District Court presided over by a District Court Judge other than a decision—
      1. made in proceedings for a category 3 offence after the defendant elected a jury trial; or
        1. made in proceedings for a category 4 offence; or
        2. either the Court of Appeal or the Supreme Court, in any other case.

          1. For the purposes of subsection (1), if a defendant elected a jury trial but subsequently withdrew his or her election before trial,—

          2. the defendant must be treated as if he or she had not elected a jury trial; but
            1. any appeal commenced before the date on which the defendant withdrew his or her election must be determined by the appeal court that had jurisdiction to determine the appeal at the time it was commenced.

              Notes
              • Section 272(1)(a): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 272(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 272(2): inserted, on , by section 43 of the Courts Matters Act 2018 (2018 No 50).