Employment Relations Act 2000

Institutions - Appeals

214: Appeals on question of law

You could also call this:

"Challenging a court decision about employment law"

If you are unhappy with a decision made by the court under the Employment Relations Act, you can ask the Court of Appeal to look at it again. You can do this if you think the court made a mistake about the law, but not if the decision was about what a particular employment agreement means. You will need to follow the rules set out in section 56 of the Senior Courts Act 2016.

You must ask the Court of Appeal for permission to appeal within 28 days of the court's decision, or within a longer time if the Court of Appeal allows it. The Court of Appeal will only give you permission if they think the question of law is important enough to be looked at again.

The Court of Appeal can make conditions when giving you permission to appeal, such as about costs. When the Court of Appeal makes a decision, they can agree with the original decision, change it, or turn it around completely.

Asking to appeal or actually appealing does not stop the original decision from being carried out, unless the court or the Court of Appeal says so.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61425.


Previous

213: Review of proceedings before court, or

"Checking how a court case was handled"


Next

214AA: Appeals against decisions under Part 9A, or

"Challenging a court decision about your job: how to appeal"

Part 10Institutions
Appeals

214Appeals on question of law

  1. A party to a proceeding under this Act who is dissatisfied with a decision of the court (other than a decision on the construction of an individual employment agreement or a collective employment agreement) as being wrong in law may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the decision; and section 56 of the Senior Courts Act 2016 applies to any such appeal.

  2. A party desiring to appeal to the Court of Appeal under this section against a decision of the Employment Court must, within 28 days after the date of the issue of the decision or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by rules of court, for leave to appeal to that court.

  3. The Court of Appeal may grant leave accordingly if, in the opinion of that court, the question of law involved in that appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

  4. The Court of Appeal, in granting leave under this section, may, in its discretion, impose such conditions as it thinks fit, whether as to costs or otherwise.

  5. In its determination of an appeal, the Court of Appeal may confirm, modify, or reverse the decision appealed against or any part of that decision.

  6. Neither an application for leave to appeal nor an appeal operates as a stay of proceedings on the decision to which the application or the appeal relates unless the court or the Court of Appeal so orders.

  7. Repealed
Compare
  • 1991 No 22 s 135
Notes
  • Section 214 heading: amended, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
  • Section 214(1): substituted, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
  • Section 214(1): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
  • Section 214(7): repealed, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).