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Employment Relations Act 2000

Institutions - Other appeals

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

You could also call this:

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

If you have been found guilty of breaking this law, or if a court has made an order against you (except for an order that just keeps you in custody until the court finishes), you can appeal to the Court of Appeal. You can do this as if you were someone who had been found guilty and sentenced by the High Court.

This rule doesn’t apply if you’ve broken section 142R. If you’ve broken that section, a different law called the Criminal Procedure Act 2011 applies instead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61435.

Topics:
Crime and justice > Courts and legal help
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“The court must consider special rules and goals when making decisions about certain appeals.”

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218: Appeal to Court of Appeal in respect of order on application for review, or

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

Part 10 Institutions
Other appeals

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

  1. Any person who has been convicted of an offence against this Act, and any person against whom an order (other than an order to the effect only that a person be taken into custody until the rising of the court) has been made under section 140(6) or section 196, may appeal to the Court of Appeal against the order as if that person were a defendant who had been convicted on a charge and sentenced by the High Court.

  2. Subsection (1) does not apply to an offence under section 142R, but the Criminal Procedure Act 2011 applies to that offence.

Compare
    Notes
    • Section 217(1): amended, on , by section 28(1) of the Employment Relations Amendment Act 2016 (2016 No 9).
    • Section 217(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
    • Section 217(2): inserted, on , by section 28(2) of the Employment Relations Amendment Act 2016 (2016 No 9).