Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Institutions - Review of proceedings

213: Review of proceedings before court

You could also call this:

“The Court of Appeal decides on requests to review or challenge decisions made by lower courts.”

If you want to challenge a decision made by the Employment Court, you need to follow special rules. You can’t just go to any court to do this. Instead, you must take your case to the Court of Appeal.

The Court of Appeal is in charge of reviewing these challenges. They can decide how to handle your case. They might listen to different people involved before making a decision about how to proceed. When they make these decisions, they think about what’s fair and what needs to be done quickly.

Once the Court of Appeal makes a decision about your challenge, that’s the end of the matter. You can’t ask for another review or try to appeal their decision. Their choice is final.

Remember, these rules apply when you’re trying to get the court to change its decision, stop it from doing something, or make it do something it should have done. The rules also cover asking the court to make an official statement about something or to stop someone from doing something.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61423.

Topics:
Crime and justice > Courts and legal help
Work and jobs > Worker rights
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212: Court may make rules, or

“The court can make rules to decide how it works and how people use it.”

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214: Appeals on question of law, or

“You can ask a higher court to check if a decision was made using the right laws.”

Part 10 Institutions
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).