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Employment Relations Act 2000

Institutions - Appeals

215: Court of Appeal may refer appeals back for reconsideration

You could also call this:

“Sometimes, the higher court can ask the lower court to take another look at a case instead of making a final decision.”

When you have an appeal that goes to the Court of Appeal, they might not always make a final decision. Instead, they can ask the lower court to look at the case again. This can be for the whole case or just parts of it.

If the Court of Appeal does this, they need to tell the lower court why they’re asking them to reconsider. They also need to give the lower court instructions on how to look at the case again.

When the lower court is reconsidering the case, they must think about why the Court of Appeal asked them to do this. They also need to follow any instructions the Court of Appeal gave them.

This process is described in section 214 of the law. It helps make sure that cases are looked at carefully and that the Court of Appeal can guide the lower courts when needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61431.

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Crime and justice > Courts and legal help
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“Sometimes, you can ask the highest court to look at a legal problem if it's really important”

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“The court must consider special rules and goals when making decisions about certain appeals.”

Part 10 Institutions
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