Criminal Procedure Act 2011

Appeals - Appeals relating to peace bond decisions

312: Right of appeal

You could also call this:

"You can appeal to the High Court if you disagree with a decision about your bond or prison sentence."

Illustration for Criminal Procedure Act 2011

If you are ordered to enter into a bond under section 367, you can appeal to the High Court against that decision. You can also appeal to the High Court if your bond is ordered to be forfeit under section 372. The rules in this Part of the law apply to these appeals, with some changes to fit the situation.

If you refuse to enter into a bond or cannot get a surety, and you are sent to prison under section 370, you can appeal to the High Court against that decision. The rules in this Part of the law apply to this appeal as well, with some changes to fit the situation, as if you were appealing a sentence.

You can appeal to the High Court in these situations, and the rules in this Part of the law will be used to guide the appeal process, with some modifications to fit your specific situation.

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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=DLM3360501.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

311: Right of appeal, or

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

313: Solicitor-General may refer certain questions to Court of Appeal, or

"The Solicitor-General can ask a higher court to review a legal question from a finished trial."

Part 6Appeals
Appeals relating to peace bond decisions

312Right of appeal

A person who is ordered to enter into a bond under section 367 may appeal under this subpart against that decision to the High Court.
A person whose bond is ordered to be forfeit under section 372 may appeal under this subpart against that decision to the High Court.
This Part applies as far as applicable with all necessary modifications to an appeal under subsection (1) or (2) as if the order appealed against were a costs order within the meaning of section 364.
A person who is committed to a prison under section 370 for refusing to enter into a bond or failure to obtain a surety may appeal under this subpart against that decision to the High Court.
This Part applies as far as applicable with all necessary modifications to an appeal under subsection (4) as if the order appealed against were a sentence.