Plain language law

New Zealand law explained for everyone

Social Security Act 2018

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

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

You could also call this:

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

If you want to appeal a decision, you need to start your appeal within 10 working days after the decision was made. If you need more time, you can ask a High Court Judge for an extension.

Once you start your appeal, you have 10 working days to submit your case. This is called ‘lodging your case’. If you need more time to lodge your case, you can ask the chairperson or deputy chairperson of the authority for an extension. They might give you more time if they think you have a good reason for the delay.

If you still need more time after that, you can ask a High Court Judge for another extension. The judge will consider if you have a good reason for needing more time.

If you don’t lodge your case within the given time or any extensions, the chairperson or deputy chairperson can say that you haven’t followed through with your appeal.

Remember, it’s important to act quickly and ask for help if you need more time. The people in charge want to make sure that appeals are dealt with promptly, but they also understand that sometimes you might need extra time.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783965.

Topics:
Crime and justice > Courts and legal help
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405: Right of appeal using case stated on question of law only, or

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

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407: How to begin, and procedure for, appeal to High Court, or

“Steps for starting and going through a High Court appeal”

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

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

  1. An appellant must begin an appeal within—

  2. 10 working days after the date of the determination; or
    1. a further period the High Court, or a High Court Judge, has under subsection (4) allowed.

      1. The appellant’s case stated must be lodged within—

      2. 10 working days after the date on which the appeal is begun; or
        1. a further period the authority’s chairperson or deputy chairperson has under subsection (3) allowed; or
          1. a further period the High Court, or a High Court Judge, has under subsection (4) allowed.

            1. The authority’s chairperson or deputy chairperson may allow a further period within which the appellant’s case stated must be lodged if—

            2. the appellant’s case stated is not to be, or has not been, lodged within the period of 10 working days; and
              1. the chairperson or deputy chairperson is asked, before or after the end of the period of 10 working days, to allow a further period; and
                1. the chairperson or deputy chairperson considers there is good and sufficient reason for the delay.

                  1. The High Court or a High Court Judge may allow a period further to one prescribed or allowed under subsection (1)(a) or (b) or subsection (2)(a), (b), or (c) if—

                  2. the appellant’s appeal or case stated is not to be, or has not been, begun or lodged within that prescribed or allowed period; and
                    1. the appellant makes an application to the court or Judge, before or after the end of that prescribed or allowed period, to allow a further period; and
                      1. the court or Judge considers there is good and sufficient reason for the delay.

                        1. The authority’s chairperson or deputy chairperson may certify that an appeal has not been prosecuted by an appellant if the appellant’s case stated has not been lodged within the period prescribed, or within a further period allowed, under subsection (2)(a), (b), or (c).

                        Compare
                        Notes
                        • Section 406(1)(a): amended, on , by section 308(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 406(2)(a): amended, on , by section 308(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 406(2)(b): amended, on , by section 308(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 406(3): amended, on , by section 308(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 406(3)(a): amended, on , by section 308(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 406(3)(b): amended, on , by section 308(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 406(3)(b): amended, on , by section 308(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 406(3)(c): amended, on , by section 308(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 406(5): amended, on , by section 308(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).