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Criminal Procedure Act 2011

Appeals - Appeals against suppression orders - First appeals

286: Interim suppression order pending determination of first appeal

You could also call this:

"A temporary order to help you while you wait for a court to decide your appeal about suppressing information."

Illustration for Criminal Procedure Act 2011

If you ask a court for a suppression order and they say no, you can appeal this decision under section 285. You must tell the court you plan to appeal, and they will then make a temporary order that does what you asked for. This temporary order stays in place until you either run out of time to file your appeal, as stated in section 285(2), or your appeal is finally decided, if you file it on time.

You get a certain amount of time to file your appeal, and if you do it within that time, the temporary order keeps going until the appeal is finished. The court's temporary order is like a holding pattern, keeping things as they are while you wait for the appeal to be heard. This temporary order is made to help you while you wait for the court to make a final decision on your appeal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360472.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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285: How to commence first appeal, or

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

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287: First appeal court to determine appeal, or

"The first appeal court decides what happens next with your appeal."

Part 6Appeals
Appeals against suppression orders: First appeals

286Interim suppression order pending determination of first appeal

  1. This section applies if a court refuses to make the suppression order sought by the applicant and the applicant for the order satisfies that court that an appeal against that decision is to be filed under section 285.

  2. The court must make an interim order to the effect sought by the applicant.

  3. An interim order made under subsection (2) continues in force until—

  4. the expiry of the period specified in section 285(2) for filing a notice of appeal or notice of application for leave to appeal; or
    1. the appeal is finally determined, if the notice is filed within that specified period.

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