Criminal Procedure Act 2011

Appeals - Further provisions - Court of Appeal Judge may remit first appeals to High Court

319A: Judge of Court of Appeal may remit first appeal, or application for leave to appeal to first appeal court, to High Court

You could also call this:

"A Court of Appeal Judge can send your appeal to the High Court to make a decision."

Illustration for Criminal Procedure Act 2011

You are appealing a decision made by the District Court. A Judge of the Court of Appeal can send your appeal to the High Court. The High Court will then make a decision on your appeal. You cannot appeal against the decision to send your case to the High Court. The High Court's decision will be treated as if it was made by the Court of Appeal. This means the High Court will follow the same rules as the Court of Appeal. The Judge of the Court of Appeal can make this decision on their own. They can do this if they think it is the right thing to do. The Judge's decision is final and you cannot challenge it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1570735.

This page was last updated on 15 February 2026 — View changes

Topics:

Crime and justice > Courts and legal help

319: Power of Court of Appeal or Supreme Court to amend question referred, or

"Courts can reword a legal question to make it clearer before making a decision."

320: Meaning of related right of appeal, or

"What a 'related right of appeal' means in the law"

Part 6Appeals
Further provisions: Court of Appeal Judge may remit first appeals to High Court

319AJudge of Court of Appeal may remit first appeal, or application for leave to appeal to first appeal court, to High Court

This section applies to a first appeal or an application for leave to appeal made to the Court of Appeal as the first appeal court under this Part that is against a decision (including a ruling, conviction entered, or sentence imposed) of the District Court.
A Judge of the Court of Appeal, acting alone and on their own initiative, may, if they consider it appropriate, remit to the High Court for determination the first appeal or the application for leave to appeal.
If a matter is remitted to the High Court under subsection (2), the High Court is treated as the first appeal court for the purposes of the subpart of this Part to which the first appeal applies, with all necessary modifications.
No party may appeal against a decision under this section.

Notes

Section 319A: inserted, on 1 February 2026, by section 13 of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).