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Social Security Act 2018

Reviews and appeals - Appeals to courts - Appeals to Court of Appeal

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

You could also call this:

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

If you want to appeal a decision made by the High Court about a social security matter, you can ask the Court of Appeal for permission to hear your case. This applies to decisions the High Court made when someone appealed under section 405.

The rules for this kind of appeal are similar to those for criminal cases. The Court of Appeal will treat the High Court’s decision as if it were made in a criminal case. This means you have the right to appeal against the High Court’s decision, but you need to ask the Court of Appeal for permission first.

The Court of Appeal will use rules from the Criminal Procedure Act 2011 to decide if they will hear your appeal. They will change these rules a little bit to make them fit your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783969.

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

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

“Asking the Supreme Court if you can challenge a decision from another court”

Part 7 Reviews and appeals
Appeals to courts: Appeals to Court of Appeal

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

  1. This section applies to a determination of the High Court made in a proceeding that is an appeal under section 405.

  2. Subpart 8 (appeals on a question of law) of Part 6 (appeals) of the Criminal Procedure Act 2011 applies to the determination—

  3. as far as applicable with the necessary modifications; and
    1. as if the determination had been made under section 300 (first appeal court to determine appeal) of that Act (for example, so that the applicable right of appeal is stated in section 303 of that Act (right of appeal against determination of first appeal court)).

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