Bail Act 2000

Court bail - Appeals on question of bail - Appeals from decisions of Justices or Community Magistrates

42: Appeal against decision relating to bail

You could also call this:

"Challenging a bail decision in a higher court"

You can appeal to a higher court if a court decides not to give you bail. You can also appeal if a court gives you bail and the prosecutor does not agree with this decision. The prosecutor is the person who brings the case against you in court. You can appeal if a court decides to add or remove conditions to your bail. Conditions of bail are rules you must follow while you are on bail. You can appeal to the higher court if you do not agree with these conditions. If a court could have added a condition to your bail but did not, this is treated as if the court refused to add the condition. You cannot ask the High Court for bail if you have the right to appeal to a District Court Judge. When you appeal, the higher court will look at your case again. This is called a rehearing, which means the court will make a new decision about your bail.

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This page was last updated on 8 December 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68975.

Topics:

Crime and justice > Courts and legal help

41: Interpretation, or

"What words mean in the Bail Act"

43: Procedure relating to appeal under section 42, or

"What to do if you want to appeal a decision under section 42"

Part 3Court bail
Appeals on question of bail: Appeals from decisions of Justices or Community Magistrates

42Appeal against decision relating to bail

If a court refuses to grant bail to a defendant (whether before or after conviction and whether under any enactment or rule of law or otherwise), the defendant may appeal to the appeal court against that decision.
If a court grants bail to a defendant (whether before or after conviction and whether under any enactment or rule of law or otherwise), the prosecutor may appeal to the appeal court against that decision.
If a court imposes, or refuses to impose, any condition of bail, or makes or refuses to make an order under section 33 varying or revoking any condition of bail or substituting or imposing any other condition of bail, the defendant or the prosecutor may appeal to the appeal court against that decision.
For the purposes of an appeal under this section, the failure to impose a condition of bail on any occasion on which the condition could lawfully be imposed is deemed to be a refusal to impose the condition.
No person may seek bail in the High Court under that court’s inherent jurisdiction if the person has a right of appeal to a District Court Judge under this section.
An appeal under this section is by way of rehearing.

Notes

Section 42: replaced, on 14 November 2018, by section 95 of the Courts Matters Act 2018 (2018 No 50).