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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 appeal to a higher court if you disagree with a decision made against you under the Employment Relations Act."

If you are found guilty of doing something wrong under the Employment Relations Act, you can appeal to the Court of Appeal. You can also appeal if a court makes an order against you under section 140(6) or section 196. This means you can ask the Court of Appeal to look at your case again, like you would if you had been found guilty of a crime and sentenced by the High Court.

If the court makes an order against you, you can appeal to the Court of Appeal. But this does not apply if you have done something wrong under section 142R. For that, the Criminal Procedure Act 2011 applies instead.

You should know that the rules for appealing are a bit different depending on what you have done wrong.

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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:
Work and jobs > Worker rightsCrime and justice > Courts and legal help
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"The Court of Appeal must consider its special powers when making decisions about employment appeals."

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

"You can appeal to a higher court if you don't like a decision about a review."

Part 10Institutions
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
  • 1991 No 22 s 133
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).