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Senior Courts Act 2016

Court of Appeal - Jurisdiction

56: Jurisdiction

You could also call this:

"What the Court of Appeal can decide"

Illustration for Senior Courts Act 2016

The Court of Appeal can hear appeals from the High Court. You can appeal from a judgment, decree, or order of the High Court. You can also appeal under the Criminal Procedure Act 2011. The Court of Appeal can hear appeals from other courts or tribunals if another Act says they can. The Court of Appeal must follow rules made under section 148. You usually need permission from the High Court to appeal to the Court of Appeal about an interlocutory application in a civil case. You have 20 working days to ask the High Court for permission after the decision is made. The High Court can give you more time if they want to. You can appeal to the Court of Appeal without permission if the High Court makes certain decisions, like striking out a claim or granting summary judgment. If the High Court says you cannot appeal, the Court of Appeal might still let you appeal if you ask them within 20 working days. If you are not allowed to appeal an interlocutory decision, you can still raise those points when you appeal the main decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759372.

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Part 3Court of Appeal
Jurisdiction

56Jurisdiction

  1. The Court of Appeal may hear and determine appeals—

  2. from a judgment, decree, or order of the High Court:
    1. under the Criminal Procedure Act 2011:
      1. from any court or tribunal under any other Act that confers on the Court of Appeal jurisdiction and power to hear and determine an appeal.

        1. Subsection (1) is subject to subsections (3) and (5) and to rules made under section 148.

        2. No appeal, except an appeal under subsection (4), lies from any order or decision of the High Court made on an interlocutory application in respect of any civil proceeding unless leave to appeal to the Court of Appeal is given by the High Court on application made within 20 working days after the date of that order or decision or within any further time that the High Court may allow.

        3. Any party to any proceedings may appeal without leave to the Court of Appeal against any order or decision of the High Court—

        4. striking out or dismissing the whole or part of a proceeding, claim, or defence; or
          1. granting summary judgment.

            1. If the High Court refuses leave to appeal under subsection (3), the Court of Appeal may grant that leave on application made to the Court of Appeal within 20 working days after the date of the refusal of leave by the High Court.

            2. If leave to appeal under subsection (3) or (5) is refused in respect of an order or a decision of the High Court made on an interlocutory application, nothing in this section prevents any point raised in the application for leave to appeal from being raised in an appeal against the substantive High Court decision.

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