To start a first appeal, you file a notice of application for leave to appeal in the first appeal court. You do this as a defendant or prosecutor under this part of the law. The notice must include the question of law that your appeal is about.

The notice of application for leave to appeal has to be filed within 20 working days after the ruling that your appeal is related to. This means you have to act quickly after the ruling is made.

The first appeal court can give you more time to file the notice if they choose to, and they can do this 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=DLM3360486.

Topics:

Crime and justice > Courts and legal help

297: First appeal courts, or

"Which court hears your appeal first?"

299: Power of first appeal court to amend question stated, or

"The first appeal court can change a legal question to help make a fair decision."

Part 6Appeals
Appeals on question of law: First appeals

298How to commence first appeal

A defendant or prosecutor commences a first appeal under this subpart by filing a notice of application for leave to appeal in the first appeal court.
The notice of application for leave to appeal must state the question of law on which the appeal is being taken.
A notice of application for leave to appeal must be filed within 20 working days after the date of the ruling to which the appeal relates.
The first appeal court may, at any time, extend the time allowed for filing a notice of application for leave to appeal.