Local Government (Water Services) Act 2025

Provision of water services: operational matters - Trade waste discharges - Internal review of decision to decline trade waste permit

197: Appeals to Court of Appeal or Supreme Court

You could also call this:

"Appealing a decision to a higher court: Court of Appeal or Supreme Court"

Illustration for Local Government (Water Services) Act 2025

If you are a party to an appeal under section 196, you can appeal to the Court of Appeal or the Supreme Court. You can do this if you disagree with a decision made by the High Court on a question of law, but you need to get permission from the court you are appealing to. The Court of Appeal or the Supreme Court has the same power to make a decision on your appeal as the High Court did.

The Court of Appeal or the Supreme Court can make a decision on your appeal, just like the High Court could. When you appeal to the Supreme Court, there is a special rule that applies. This rule is in section 75 of the Senior Courts Act 2016, and it says that the Supreme Court can only hear your appeal directly if there are exceptional circumstances.

You should know that the Supreme Court has rules about when it can hear an appeal directly. If you want to appeal to the Supreme Court, you will need to show that there are exceptional circumstances that make it necessary for the Supreme Court to hear your appeal.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004627.


Previous

196: Appeal to High Court, or

"Challenging a District Court decision in the High Court"


Next

198: Delegation of trade waste bylaws, or

"When a water organisation is in charge of trade waste rules, it acts like the local council."

Part 3Provision of water services: operational matters
Trade waste discharges: Internal review of decision to decline trade waste permit

197Appeals to Court of Appeal or Supreme Court

  1. A party to an appeal under section 196 may appeal to the Court of Appeal or the Supreme Court against any determination of the High Court on a question of law arising in that appeal, with the leave of the court appealed to.

  2. The Court of Appeal or the Supreme Court hearing an appeal under this section has the same power to adjudicate on the appeal as the High Court had.

  3. Subsection (1) is subject to section 75 of the Senior Courts Act 2016 (which provides that the Supreme Court must not give leave to appeal directly to it against a decision made in a court other than the Court of Appeal unless it is satisfied that there are exceptional circumstances that justify taking the proposed appeal directly to the Supreme Court).