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Immigration Advisers Licensing Act 2007

Miscellaneous provisions - Appeals against decisions of Registrar and Tribunal

85: Appeal to High Court on question of law

You could also call this:

“You can ask the High Court to check if a District Court's decision followed the law correctly”

If you disagree with a decision made by the District Court because you think it’s wrong in terms of the law, you can appeal to the High Court. However, you can only appeal about a question of law, not about other aspects of the decision.

When you make this appeal, it needs to be handled according to the rules of the court. This means there are specific procedures you need to follow.

Part 6 of the Criminal Procedure Act 2011 applies to your appeal. This part of the law sets out how appeals should be managed. It applies as much as possible to your situation, but only for the parts that are about appealing questions of law. The court might need to make some changes to how they use this law to make it fit your case.

Even though there are rules about how the appeal should be heard and decided, the way Part 6 of the Criminal Procedure Act 2011 is applied is more important and overrides those other rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407398.

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Crime and justice > Courts and legal help Immigration and citizenship > Visas Immigration and citizenship > Becoming a citizen
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"How the court decides on your appeal against a decision"

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Part 2 Miscellaneous provisions
Appeals against decisions of Registrar and Tribunal

85Appeal to High Court on question of law

  1. If dissatisfied with a decision of the District Court as being erroneous in law, a party to an appeal under this Part may appeal to the High Court on a question of law only.

  2. The appeal must be heard and determined in accordance with rules of court.

  3. Part 6 of the Criminal Procedure Act 2011 applies to the appeal—

  4. so far as is applicable and with all necessary modifications; but
    1. only so far as it relates to appeals on questions of law.

      1. Subsection (3) overrides subsection (2).

      Notes
      • Section 85(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).