Criminal Procedure Act 2011

Appeals - Further provisions - How applications to be heard

328: Hearings in District Court or High Court

You could also call this:

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

Illustration for Criminal Procedure Act 2011

When you make an application to the District Court or the High Court, this section applies to you. You are asking for leave to appeal under this Part of the law. The court decides if they need to hear from you in person or if they can make a decision just by reading the written information you provide.

The court can choose to make a decision without hearing from you, but they must write it down and explain why they made that decision. They must also give you and the other parties a copy of their decision. This is done by the Registrar, who is a court official.

If you want to know more about how this law has changed over time, you can look at the District Court Act 2016 which amended this section on 1 March 2017.

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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=DLM3360525.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

327: Hearings in Court of Appeal, or

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

329: Hearings in Court of Appeal or Supreme Court, or

"What happens when you appeal to a higher court, like the Court of Appeal or Supreme Court"

Part 6Appeals
Further provisions: How applications to be heard

328Hearings in District Court or High Court

This section applies to applications for leave to appeal under this Part to the District Court or the High Court.
The court may decide whether an oral hearing of an application should be held or whether an application should be determined just on the basis of written material provided to the court.
A decision to deal with an application just on the basis of written material must be in writing, be accompanied by reasons, and be provided by the Registrar to the parties.

Compare

2003 No 53 s 15

Notes

Section 328(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).