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Employment Relations Act 2000

Institutions - Appeals

214: Appeals on question of law

You could also call this:

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

If you’re unhappy with a decision made by the Employment Court because you think it’s wrong according to the law, you can ask the Court of Appeal for permission to appeal. This doesn’t apply to decisions about understanding employment agreements.

You have 28 days after the court’s decision to ask the Court of Appeal for permission to appeal. Sometimes, they might give you more time if you need it.

The Court of Appeal will let you appeal if they think the legal question is important enough for the public or for other reasons.

When they give you permission to appeal, the Court of Appeal might set some rules, like who pays for what.

After looking at your appeal, the Court of Appeal can agree with the original decision, change it a bit, or completely change it.

Just because you ask to appeal or actually appeal doesn’t mean the original decision is put on hold. The court has to say if that should happen.

Section 56 of the Senior Courts Act 2016 also applies when you appeal.

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

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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213: Review of proceedings before court, or

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

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

“You can ask a higher court to check if a decision about workplace rules was fair.”

Part 10 Institutions
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).