Bail Act 2000

Court bail - Bail pending appeal against conviction or sentence

54A: Appeal against entry by court of non-performance of condition of bail in court record

You could also call this:

"Appealing a Court's Decision About Not Meeting Bail Conditions"

You can appeal if a court decides to record that you did not meet a bail condition. You have 20 working days to appeal to a higher court after the decision is made, as stated in section 39. The higher court can then decide to keep the decision, change it, or cancel it. If you appeal, the court's original decision still stands until the appeal is heard. There are no further appeals after this one. The appeal court's decision is final. You must follow the rules of the appeal court when you appeal a decision about not meeting a bail condition. The court's decision to record that you did not meet a bail condition is not put on hold just because you have appealed it.

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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=LMS135371.

Topics:

Crime and justice > Courts and legal help

54: Granting of bail to appellant in custody or on home detention pending appeal to High Court, Court of Appeal, or Supreme Court, or

"You can get bail while waiting for your appeal to be heard in a higher court."

55: When person is in custody or on home detention for purposes of section 54, or

"What happens when you're in custody or on home detention and appealing a sentence"

Part 3Court bail
Bail pending appeal against conviction or sentence

54AAppeal against entry by court of non-performance of condition of bail in court record

If a court directs, under section 39, that the non-performance of a bail condition be entered into the court record, the defendant may, within 20 working days of the direction being made, appeal against the direction to the appeal court.
After considering an appeal under subsection (1), the appeal court Judge may order that—
the direction stand; or
the direction be amended; or
the direction be revoked.

There is no further right of appeal against a direction to enter the non-performance of a condition of bail in the court record than that given by this section.
No direction appealed against under this section is suspended merely because notice of that appeal has been given.

Notes

Section 54A: inserted, on 14 November 2018, by section 97 of the Courts Matters Act 2018 (2018 No 50).