Employment Relations Act 2000

Institutions - Review of proceedings

213: Review of proceedings before court

You could also call this:

"Checking how a court case was handled"

If you want to review a court case under the Judicial Review Procedure Act 2016, you must follow certain rules. You have to apply to the Court of Appeal, which is a higher court that can make decisions about how cases are handled. The Court of Appeal can give directions about how your case should be handled, and its decision is final, meaning you cannot appeal against it.

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Part 10Institutions
Review of proceedings

213Review of proceedings before court

  1. If, in relation to any proceedings before the court, any person wishes to apply for a review under the Judicial Review Procedure Act 2016 or bring proceedings seeking a writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or an injunction, the provisions of subsections (2) to (4) apply.

  2. Despite anything in any other Act or rule of law, the application or proceedings referred to in subsection (1) must be made to or brought in the Court of Appeal.

  3. The Court of Appeal or a Judge of that court may at any time and after hearing such persons, if any, as it or the Judge thinks fit, give such directions prescribing the procedure to be followed in any particular case under this section as it or the Judge considers expedient having regard to the exigencies of the case and the interests of justice and the object of this Act.

  4. The decision of the Court of Appeal on any such matter is final and conclusive, and there is no right of review of or appeal against the court's decision.

Compare
  • 1991 No 22 s 131
Notes
  • Section 213(1): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).