Medicines Act 1981

Appeals

93: Appeal to Court of Appeal in certain cases

You could also call this:

"Appealing a High Court decision to the Court of Appeal"

You can appeal to the Court of Appeal if you are not happy with a decision made by the High Court under section 89. You need to get permission from the court to do this. The court will think about some things before deciding whether to let you appeal. You can ask the High Court or the Court of Appeal for permission to appeal. The court will look at things like whether the case involves an important question of law or principle. They will also think about how important the issue is to you and the other people involved. The Court of Appeal has the same powers as the High Court when making decisions about appeals under this Act. This means they can look at the same things and make the same kinds of decisions. The Court of Appeal's decision will be final, which means you cannot appeal it further. If you do appeal, the original decision will still apply until the Court of Appeal makes a decision, unless the court says otherwise. In some cases, the court might say that the original decision should not apply while you are waiting for the Court of Appeal to make a decision. They can also make orders about how the decision should be applied while you are waiting for the appeal to be heard.

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This page was last updated on 27 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56096.

Topics:

Crime and justice > Courts and legal help

92: Court may state case for Court of Appeal, or

"Asking the High Court to send a case to the Court of Appeal for a law decision"

94: Interpretation, or

"What words mean in this law"

Part 6Appeals

93Appeal to Court of Appeal in certain cases

Any party to any appeal before the High Court under section 89 who is dissatisfied with any determination of the court may, with the leave of the court or of the Court of Appeal, appeal to the Court of Appeal.
In determining whether to grant leave to appeal under this section, the court to which the application for leave is made shall have regard to the following matters:
whether any question of law or general principle is involved:
the importance of the issues to the parties:
such other matters as in the particular circumstances the court thinks fit.

The court granting leave under this section may in its discretion impose such conditions as it thinks fit, whether as to costs or otherwise.
For the purpose of determining any appeal under this Act, the Court of Appeal shall have the same powers and discretions as are conferred on the High Court by sections 89 and 90.
The decision of the Court of Appeal on any appeal under this section shall be final.
Notwithstanding the preceding provisions of this section, the decision of the High Court shall have effect according to its terms, pending the determination of any appeal under this section, unless—
leave to appeal is given by the court whose decision is the subject of the appeal; and
that court, when giving such leave, directs that that decision shall not take effect pending the determination of the appeal.

Where the court gives any direction under paragraph (b) of subsection (6), the court may make such order with regard to the application of the decision to which the appeal under section 89 related, pending the determination of an appeal under this section, as seems to it to be just, and subsection (3) of section 91 shall apply accordingly.

Compare

1979 No 27 s 71