Criminal Procedure Act 2011

Appeals - Appeals on question of law - Further appeals

309: Further appeal from determination of Court of Appeal

You could also call this:

"Appealing to the Supreme Court after the Court of Appeal has made a decision"

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 with their permission. You are appealing against the Court of Appeal's decision. The Supreme Court will consider your appeal.

When you appeal to the Supreme Court, some other rules apply, such as how to start an appeal, as outlined in section 305, and what the appeal court must do, as outlined in section 306 and section 307. These rules help guide the appeal process. You must follow these rules when appealing to the Supreme Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360498.


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308: High Court's determination of second appeal final, or

"The High Court's decision on a second appeal is final and cannot be changed."


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310: Relationship to other appeals, or

"You can't appeal the same decision twice under different laws, unless a court lets you."

Part 6Appeals
Appeals on question of law: Further appeals

309Further 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 following provisions apply with the necessary modifications:

  3. section 305 (how to commence appeal):
    1. section 306 (appeal court to determine appeal):
      1. section 307 (orders, etc, on successful appeal).