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Social Security Act 2018

Reviews and appeals - Appeals to courts - Appeals to High Court

405: Right of appeal using case stated on question of law only

You could also call this:

“You can ask a higher court to check if a legal decision was made correctly”

You have the right to appeal a decision made by the authority if you believe it contains a legal error. You can do this by asking the authority to present your case to the High Court. The High Court will only look at questions of law, not at the facts of the case. This process is called a “case stated”. You can use this method if you were part of a proceeding before the authority and you think their decision was wrong because of a mistake in how they applied the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783964.

Topics:
Crime and justice > Courts and legal help
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404: Notice, and carrying into effect, of decision, or

“Telling people about the decision and making it happen”

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406: Appeal must be begun, and case stated lodged, within time prescribed or allowed, or

“You must start your appeal and give your case details within set time limits or ask for more time”

Part 7 Reviews and appeals
Appeals to courts: Appeals to High Court

405Right of appeal using case stated on question of law only

  1. A party to a proceeding before the authority may appeal to the High Court, by way of a case stated by the authority for the court’s opinion on a question of law only, against a determination—

  2. made by the authority in the proceeding; and
    1. that the party considers involves an error of law.

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