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Employment Relations Act 2000

Institutions - Appeals

214AA: Appeals against decisions under Part 9A

You could also call this:

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

If you’re involved in a case about breaking rules, money penalties, compensation, or banning orders under Part 9A of the Employment Relations Act, and you’re not happy with what the court decided, you can appeal to the Court of Appeal. You can appeal about facts, laws, or both.

You don’t need to ask for permission to make this appeal. The Court of Appeal will use Section 56 of the Senior Courts Act 2016 when looking at your appeal.

When the Court of Appeal makes a decision about your appeal, they can agree with the original decision, change it, or completely reverse it. They can do this for all or part of the decision you’re appealing against.

Just because you’re appealing doesn’t mean the original decision is put on hold. Everything will continue as normal unless the Court of Appeal says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803226.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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Part 10 Institutions
Appeals

214AAAppeals against decisions under Part 9A

  1. A party to a proceeding for a declaration of breach, pecuniary penalty order, compensation order, or banning order under Part 9A who is dissatisfied with the decision of the court may appeal to the Court of Appeal against the decision on a question of fact or law, or both.

  2. An appeal under subsection (1) does not require the leave of the Court of Appeal.

  3. Section 56 of the Senior Courts Act 2016 applies to an appeal under subsection (1).

  4. In determining an appeal, the Court of Appeal may confirm, modify, or reverse the decision, or any part of the decision, appealed against.

  5. An appeal under subsection (1) does not operate as a stay of proceedings to which the appeal relates unless the Court of Appeal orders otherwise.

Notes
  • Section 214AA: inserted, on , by section 27 of the Employment Relations Amendment Act 2016 (2016 No 9).
  • Section 214AA(3): amended, on , by section 27 of the Employment Relations Amendment Act 2016 (2016 No 9).