Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
215: Court of Appeal may refer appeals back for reconsideration
or “Sometimes, the higher court can ask the lower court to take another look at a case instead of making a final decision.”
You could also call this:

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

When the Court of Appeal is making a decision about an appeal under section 214 or section 218, they need to think about some important things. You should know that the court has special powers and a unique role, and the Court of Appeal must keep this in mind. They also need to think about what the law is trying to achieve, both for the whole Act and for the specific parts that are relevant to the appeal. The Court of Appeal must pay special attention to certain parts of the law, specifically sections 189, 190, 193, 219, and 221. These sections are important for the Court of Appeal to consider when they’re making their decision about the appeal.

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 It might be out of date or be missing some parts.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

Next up: 217: Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of court

or “You can ask a higher court to look at your case if you're in trouble for not following court rules.”
Next

Part 10 Institutions
Special provision in respect of appeals

216Obligation to have regard to special jurisdiction of court

  1. In determining an appeal under section 214 or section 218, the Court of Appeal must have regard to—

  2. the special jurisdiction and powers of the court; and
    1. the object of this Act and the objects of the relevant Parts of this Act; and
      1. in particular, the provisions of sections 189, 190, 193, 219, and 221.

        Compare
        • 1991 No 22 s 137