Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Miscellaneous procedural provisions

142: Costs of appeal

You could also call this:

"Who pays the costs when you appeal a decision?"

Illustration for Armed Forces Discipline Act 1971

When you appeal a decision under this Part, you will not have to pay costs to the other side, and they will not have to pay costs to you. You will have some expenses paid for you, like the cost of witnesses coming to court, and the cost of you attending the appeal. The expenses of people helping the court, like assessors, will also be paid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098447.

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Part 5ASummary Appeal Court of New Zealand
Miscellaneous procedural provisions

142Costs of appeal

  1. On the hearing and determination of an appeal or any proceedings preliminary or incidental to the appeal under this Part, no costs may be allowed on either side.

  2. The following expenses must be defrayed in the same manner as the expenses of a trial of a criminal case in the High Court:

  3. the expenses of any witnesses attending on the order of the Summary Appeal Court or examined in any proceedings preliminary or incidental to the appeal under this Part:
    1. the expenses of, and incidental to, the appearance of the appellant on the hearing of his or her appeal under this Part or on any proceedings preliminary or incidental to that appeal:
      1. all expenses of, and incidental to, any examination of witnesses conducted by any person appointed by the Summary Appeal Court for the purpose:
        1. the expenses of any person appointed as assessor to the Summary Appeal Court.
          Notes
          • Section 142: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).