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Employment Relations Act 2000

Institutions - Appeals

214AA: Appeals against decisions under Part 9A

You could also call this:

“Challenging a court decision about your job: how to appeal”

If you are unhappy with a decision made by a court under Part 9A of the Employment Relations Act, you can appeal to the Court of Appeal. You can appeal if you think the court made a mistake about facts or the law, or both. You can appeal against a decision about a declaration of breach, a pecuniary penalty order, a compensation order, or a banning order under Part 9A.

When you appeal, you do not need to ask the Court of Appeal for permission. The Court of Appeal will follow the rules set out in section 56 of the Senior Courts Act 2016 when dealing with your appeal.

The Court of Appeal can decide to agree with the original decision, change it, or cancel it when they consider your appeal. If you appeal, it does not automatically stop the original decision from being carried out unless the Court of Appeal says so.

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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.

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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).