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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Rights of appeal

111A: Appeal to High Court on question of law

You could also call this:

“You can ask the High Court to check if the District Court used the law correctly in your case”

If you are involved in an appeal under section 106 and you’re not happy with the District Court’s decision because you think it’s wrong in terms of the law, you can take your case to the High Court. You can only do this if you think there’s a mistake in how the law was applied, not just because you don’t like the outcome.

When you appeal to the High Court, you have to follow their rules about how to present your case and what you need to do. The High Court has special ways of doing things, and you need to stick to those rules when you’re arguing your case there.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435093.

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111: Procedure, or

"How to appeal a decision made under this Act in the District Court"

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111B: Further appeal to Court of Appeal, or

"You can ask to have your case looked at again by a higher court if you think a mistake was made"

Part 8 Mitigation of penalties and rights of appeal
Rights of appeal

111AAppeal to High Court on question of law

  1. A party to an appeal under section 106 who is dissatisfied with the decision of the District Court on the grounds that it is erroneous in law may appeal to the High Court on that question of law.

  2. An appeal under this section must be heard and determined in accordance with the rules of the High Court.

Notes
  • Section 111A: inserted, on , by section 61(1) of the Land Transport Amendment Act 2005 (2005 No 77).