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Accident Compensation Act 2001

Dispute resolution - Further appeals

162: Appeal to High Court on question of law

You could also call this:

"You can ask the High Court to look at a decision if you think the District Court made a mistake about the law"

If you're unhappy with a District Court's decision because you think it's wrong in law, you can ask the court for permission to appeal to the High Court. You need to ask for this permission within 21 days after the District Court made its decision.

If the District Court says no to your request, you can then ask the High Court for special permission to appeal. You have to do this within 21 days after the District Court said no.

When you appeal like this, the rules that apply are the High Court Rules 2016 and parts of the District Court Act 2016. These rules are used just as if you were making a different kind of appeal under section 124 of the District Court Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101857.

Topics:
Crime and justice > Courts and legal help
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Part 5Dispute resolution
Further appeals

162Appeal to High Court on question of law

  1. A party to an appeal who is dissatisfied with the decision of the District Court as being wrong in law may, with the leave of the District Court, appeal to the High Court.

  2. The leave of the District Court must be sought within 21 days after the District Court's decision.

  3. If the District Court refuses to grant leave, the High Court may grant special leave to appeal.

  4. The special leave of the High Court must be sought within 21 days after the District Court refused leave.

  5. The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016, with all necessary modifications, apply to an appeal under this section as if it were an appeal under section 124 of that Act.

Notes
  • Section 162: substituted, on , by section 4(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).
  • Section 162(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 162(5): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).