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Criminal Procedure Act 2011

Appeals - Further provisions - How applications to be heard

327: Hearings in Court of Appeal

You could also call this:

"What happens when you appeal a decision in the Court of Appeal"

Illustration for Criminal Procedure Act 2011

When you make certain applications to the Court of Appeal, this section applies to you. You can make applications for leave to appeal or to extend the time for filing an application or notice. These are the types of applications this section is about.

A Judge of the Court of Appeal can decide how your application will be heard, but they cannot change a decision that has already been made by the court about how your application will be heard. The Judge makes this decision on their own. You will be told how your application will be heard.

If the court decides to make a decision about your application based only on written information, you will get a written decision with reasons. The Registrar will give this decision to you and the other parties involved. You will know why the decision was made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360524.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"Going to court when you're appealing a decision: what you need to know about attending a hearing"

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328: Hearings in District Court or High Court, or

"Going to the District or High Court to ask for an appeal"

Part 6Appeals
Further provisions: How applications to be heard

327Hearings in Court of Appeal

  1. This section applies to the following applications under this Part to the Court of Appeal:

  2. applications for leave to appeal:
    1. applications to extend the time for filing an application or notice.

      1. A Judge of the Court of Appeal, acting alone, may decide how a particular application is to be heard, but no Judge acting alone may reverse a decision of the court on how an application is to be heard.

      2. A decision to deal with an application for leave just on the basis of written material must be in writing, be accompanied by reasons, and be provided by the Registrar to the parties.

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