Criminal Procedure Act 2011

Appeals - Further provisions - Abandonment

338: Power of appeal court to dismiss appeal for non-compliance with procedural orders

You could also call this:

"The court can stop your appeal if you don't follow the rules they set."

Illustration for Criminal Procedure Act 2011

If you are appealing a decision, you have to follow the rules set by the court. The court can dismiss your appeal if you do not follow these rules, even if other parts of the law say something different. You will be given a timetable to follow, and if you do not stick to it, the court can dismiss your appeal.

Before the court dismisses your appeal, they will give you 10 working days' notice to let you know what they plan to do. This gives you a chance to fix any mistakes you have made and follow the rules. If you fix the mistakes within the 10 working days, the court will not dismiss your appeal.

If the court does dismiss your appeal, it is similar to abandoning your appeal, which means giving up on it. When other laws talk about abandoning an appeal, they are also talking about the court dismissing your appeal. When the law talks about an appeal, it also includes asking the court for permission to appeal a decision, which is called an application for leave to appeal.

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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=DLM3360540.

Topics:

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

337: Abandonment of appeal by appellant, or

"Stopping an appeal: how to withdraw your case"

339: Appeal against dismissal under section 338, or

"Appealing a Decision: Asking a Higher Court to Review a Ruling"

Part 6Appeals
Further provisions: Abandonment

338Power of appeal court to dismiss appeal for non-compliance with procedural orders

Despite anything in subparts 2 to 10, an appeal court may dismiss an appeal if the appellant fails to comply with a timetable or other procedural orders fixed for the appeal.
Before dismissing an appeal under subsection (1), the appeal court must give the appellant 10 working days' notice of its intention to dismiss the appeal.
The appeal court must not dismiss an appeal under subsection (1) if the appellant, after having been given notice under subsection (2), rectifies the non-compliance within the notice period given by the court.
A reference in any enactment other than this section to the abandonment of an appeal under this Act must, unless the context otherwise requires, be read as including a reference to a dismissal under subsection (1).
In this section, appeal includes an application for leave to appeal.

Compare

SR 2004/199 r 38(4)