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New Zealand law explained for everyone

Residential Tenancies Act 1986

The Tenancy Tribunal - Appeals

120: Further appeal to Court of Appeal

You could also call this:

“You can ask a higher court to look at your case again if you think the first court made a mistake.”

If you were involved in an appeal under section 119 and you’re not happy with the High Court’s decision, you can ask for permission to appeal to the Court of Appeal. You need to get permission either from the High Court or, if they say no, from the Court of Appeal itself.

To ask the High Court for permission, you have to do it within 15 working days after they made their decision. You might get more time if the High Court allows it. The High Court will give you permission if they think your appeal involves an important legal question that should be looked at by the Court of Appeal.

If the High Court says no to your request, you can ask the Court of Appeal directly for special permission. You have 15 working days to do this after the High Court says no, or more time if the Court of Appeal lets you. The Court of Appeal will give you permission if they think your appeal involves an important legal question that they should look at.

If your appeal goes to the Court of Appeal, they will have the same power to make decisions about your case as the High Court did. Whatever the Court of Appeal decides is final. Their decision will be treated as if it was made in the High Court, and it will have the same results and follow-up actions.

If you ask the Court of Appeal for permission to appeal and they make a decision about that request, that decision is also final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95958.

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Part 3 The Tenancy Tribunal
Appeals

120Further appeal to Court of Appeal

  1. Any party to an appeal under section 119 may, with the leave of the High Court or (if that leave is refused) with special leave of the Court of Appeal, appeal to the Court of Appeal against the determination of the High Court.

  2. An application to the High Court for leave to appeal to the Court of Appeal under this section shall be brought, in accordance with the rules of court, within 15 working days after the determination of the High Court, or within such further time as the High Court may allow; and the High Court may grant leave accordingly if, in its opinion, the appeal involves a question of law that, because of its general or public importance or for any other reasons, ought to be submitted to the Court of Appeal for decision.

  3. Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 15 working days after the refusal of the High Court or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in accordance with the rules of that court, for special leave to appeal to that court, and the Court of Appeal may grant leave accordingly if, in its opinion, the appeal involves a question of law that, because of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

  4. On any appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.

  5. The decision of the Court of Appeal on any appeal under this section shall be final; and the same judgment shall be entered in the High Court, and the same consequences and proceedings shall follow thereon, as if the decision of the Court of Appeal had been given in the High Court.

  6. The decision of the Court of Appeal on any application to that court for leave to appeal shall be final.