Employment Relations Act 2000

Institutions - Appeals

215: Court of Appeal may refer appeals back for reconsideration

You could also call this:

"Court of Appeal can send your case back to a lower court to be looked at again"

If you appeal a decision to the Court of Appeal, they might send your case back to the lower court. The Court of Appeal can do this instead of making a decision themselves. They can ask the lower court to think again about the whole case or just a part of it. You can find more information about how the Court of Appeal usually handles appeals in section 214. The Court of Appeal must tell the lower court why they are sending the case back and what they want the lower court to do next.

When the lower court thinks again about the case, they must consider what the Court of Appeal said and what they were told to do. The Court of Appeal's reasons and directions are important for the lower court to follow. This helps the lower court make a new decision about your case.

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Part 10Institutions
Appeals

215Court of Appeal may refer appeals back for reconsideration

  1. Despite anything in section 214, the Court of Appeal may in any case, instead of determining an appeal under that section, direct the court to reconsider, either generally or in respect of any specified matters, the whole or any specified part of the matter to which the appeal relates.

  2. In giving a direction under this section, the Court of Appeal must—

  3. advise the court of its reasons for so doing; and
    1. give the court such directions as it thinks just as to the rehearing or reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.
      1. In reconsidering the matter, the court must have regard to—

      2. the Court of Appeal's reasons for giving a direction under subsection (1); and
        1. the Court of Appeal's directions under subsection (2)(b).
          Compare
          • 1991 No 22 s 136