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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Rights of appeal

111B: Further appeal to Court of Appeal

You could also call this:

"Appealing to a Higher Court if You Disagree with a Decision"

Illustration for Land Transport Act 1998

You can appeal to the Court of Appeal if you are unhappy with a decision made by the High Court about certain offences listed in Part 6A. You need to get permission from the High Court or the Court of Appeal to do this. The Court of Appeal can make any decision it thinks is right. You can only appeal if you think the High Court made a mistake with the law. The Court of Appeal's decision is final and cannot be changed. The appeal process must follow the usual court rules, except where this section says otherwise. The Court of Appeal is the last court you can appeal to in this process. Its decision will be the final one, and you cannot appeal again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435094.

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

111BFurther appeal to Court of Appeal

  1. This section applies to appeals under this Act with respect to the offences specified in Part 6A.

  2. If this section applies, a party to an appeal who is dissatisfied with the decision of the High Court in respect of the appeal as being erroneous in law may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law.

  3. The Court of Appeal may make any order or determination that it thinks fit in relation to the appeal.

  4. The decision of the Court of Appeal on an appeal or any application for leave to appeal is final.

  5. Except as provided in this section, the procedures in respect of an appeal under this section must be in accordance with the ordinary rules of court.

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