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Commerce Act 1986

Enforcement, remedies, and appeals - Appeals from determinations of Commission

97: Appeal to Court of Appeal in certain cases

You could also call this:

"You can appeal to a higher court if you disagree with a High Court decision about a Commission ruling"

Illustration for Commerce Act 1986

If you are not happy with a decision made by the High Court about a determination of the Commission, you can ask to appeal to the Court of Appeal. You need to get permission from the court to do this, and the court will look at things like whether the issue is about a law or a general principle, how important it is to you, and how much money is involved. The court can also decide to add conditions to the appeal, such as who pays the costs.

When you ask for permission to appeal, the court considers matters like whether a question of law or general principle is involved, the importance of the issues to you, the amount of money in issue, and other matters the court thinks are relevant. You can appeal to the Court of Appeal under this section, but only on a point of law, against a decision or order of the High Court made under certain sections, such as section 52Z or section 91(1) or (1B) against a determination of the Commission made under section 52P.

The court granting you permission to appeal can impose conditions, and section 56 of the Senior Courts Act 2016 applies to your appeal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89913.

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"The court can hold a hearing in private to keep some information secret."

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Part 6Enforcement, remedies, and appeals
Appeals from determinations of Commission

97Appeal to Court of Appeal in certain cases

  1. Notwithstanding anything in any enactment, any party to any appeal before the High Court against any determination of the Commission who is dissatisfied with any decision or order of the court may, with the leave of the court or of the Court of Appeal, appeal to the Court of Appeal; and section 56 of the Senior Courts Act 2016 shall apply to any such appeal.

  2. In determining whether to grant leave to appeal under this section, the court to which the application for leave is made shall have regard to the following matters:

  3. whether any question of law or general principle is involved:
    1. the importance of the issues to the parties:
      1. the amount of money in issue:
        1. such other matters as in the particular circumstances the court thinks fit.

          1. The court granting leave under this section may in its discretion impose such conditions as it thinks fit, whether as to costs or otherwise.

          2. Repealed

          3. An appeal to the Court of Appeal under this section may be made against either of the following only on a point of law:

          4. a decision or order of the High Court under section 52Z:
            1. a decision or order of the High Court on an appeal under section 91(1) or (1B) against a determination of the Commission made under section 52P.

              Notes
              • Section 97(1): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
              • Section 97(1): amended, on , by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).
              • Section 97(4): repealed, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
              • Section 97(5): added, on , by section 21 of the Commerce Amendment Act 2008 (2008 No 70).