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New Zealand law explained for everyone

Social Security Act 2018

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

408: Orders, etc, on successful appeal

You could also call this:

“The court can make decisions when you win your appeal”

When you win your appeal in the High Court, the court can do certain things. If the High Court agrees with your appeal, it can make the same decisions that the authority could have made if they had agreed with you in the first place. This means the High Court has the power to change the original decision.

The High Court also has other powers based on court rules. These rules let the court do things like confirm, change, cancel, or send back the decision that was appealed. This provision doesn’t change those powers.

Remember, this only happens if your appeal is successful in the High Court. If you don’t win your appeal, these powers don’t apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783967.

Topics:
Crime and justice > Courts and legal help
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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”

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409: Appeal, with Court of Appeal’s leave, against High Court’s determination, or

“You can ask to challenge the High Court's decision on social security, if the Court of Appeal agrees”

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

408Orders, etc, on successful appeal

  1. This section applies if the High Court allows the appeal.

  2. The High Court may exercise any power that the authority could have exercised under section 403 if it had allowed the appeal.

  3. This section does not affect rules of court relating to the court’s powers to deal with (for example, confirm, vary, revoke, or refer back for reconsideration) the decision appealed.

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