Criminal Procedure Act 2011

Appeals - Appeals on question of law - Further appeals

310: Relationship to other appeals

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you appeal against a ruling under this part of the law, you cannot appeal against the same ruling under a different part of the law. You can only do this if the first appeal court lets you withdraw your first appeal and gives you more time to file a new appeal. The law about this is similar to what was in the 1986 legislation, which you can find on the government's website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360499.


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309: Further appeal from determination of Court of Appeal, or

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


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311: Right of appeal, or

"When someone makes a decision against you, you can ask a higher court to change it"

Part 6Appeals
Appeals on question of law: Further appeals

310Relationship to other appeals

  1. A defendant who appeals under this subpart against a ruling may not appeal under any other subpart of this Part against the same ruling unless the first appeal court gives the defendant leave to withdraw the appeal under this subpart and extends the time within which a notice of application for leave to appeal or a notice of appeal under any other subpart of this Part may be filed.

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