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Criminal Procedure Act 2011

Appeals - Further provisions - Abandonment

339: Appeal against dismissal under section 338

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you want to appeal a decision made under section 338, you can ask the relevant appeal court for permission to do so. You need to ask the High Court if the decision was made by the District Court, the Court of Appeal if the decision was made by the High Court, or the Supreme Court if the decision was made by the Court of Appeal. You can find more information about section 338 by looking at the section 338 provision.

To start the appeal process, you need to file a notice of application for leave to appeal in the relevant appeal court. This notice must be filed within 20 working days after the decision you are appealing against was made. The relevant appeal court can extend this time limit if needed.

The relevant appeal court will then make a decision on your appeal, either by dismissing it or allowing it and sending the matter back to the original court with directions on what to do next. The decision made by the relevant appeal court is final, meaning you cannot appeal it further.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360542.

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Part 6Appeals
Further provisions: Abandonment

339Appeal against dismissal under section 338

  1. An appellant may, with the leave of the relevant appeal court, appeal to that court against a dismissal of an appeal under section 338.

  2. The relevant appeal court is—

  3. the High Court, if the appeal is against the dismissal of an appeal under that section by the District Court; or
    1. the Court of Appeal, if the appeal is against the dismissal of an appeal under that section by the High Court; or
      1. the Supreme Court, if the appeal is against the dismissal of an appeal under that section by the Court of Appeal.

        1. An appellant commences an appeal under this section by filing a notice of application for leave to appeal in the relevant appeal court.

        2. A notice of application for leave to appeal must be filed within 20 working days after the date of the dismissal appealed against.

        3. The relevant appeal court may, at any time, extend the time allowed for filing a notice of application for leave to appeal.

        4. The relevant appeal court must determine an appeal under this section by either—

        5. dismissing the appeal; or
          1. allowing the appeal and remitting the matter to the court appealed from with any directions it considers appropriate.

            1. The determination of an appeal by the relevant appeal court under this section is final.

            Notes
            • Section 339(2)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).