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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:

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

This section talks about further appeals for certain offences under the Land Transport Act 1998. If you’re unhappy with a decision made by the High Court about your appeal, you can ask for permission to appeal again to the Court of Appeal. You need to believe the High Court made a mistake about the law.

You can ask the High Court for permission to appeal. If they say no, you can ask the Court of Appeal for special permission. The Court of Appeal can make any decision they think is right about your appeal.

Whatever the Court of Appeal decides is final. You can’t appeal their decision. Unless this section says something different, the normal court rules apply to these appeals.

Remember, this only applies to appeals about certain offences listed in Part 6A of the Act.

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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 8 Mitigation 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).