This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Arms Bill

Miscellaneous provisions - Appeals

343: Appeal on question of law

You could also call this:

"Challenging a court decision about the law in the High Court"

Illustration for Arms Bill

You can appeal to the High Court if you think the District Court Judge made a mistake about the law. This appeal is only about the law, not about other things. You can do this if you are unhappy with a decision made under section 341 or section 342. You follow the rules in Subpart 8 of Part 6 of the Criminal Procedure Act 2011 when you make this appeal. These rules are used with a few changes to fit this situation. This helps you know what to do when you appeal to the High Court. You are only allowed to appeal about the law, so you must focus on that. The High Court will look at what the District Court Judge decided and check if it is correct. This is an important part of making sure the law is applied fairly.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1534101.

This page was last updated on View changes


Previous

342: Appeal in respect of compensation, or

"Challenging the amount of money you get for a taken arms item"


Next

344: Sharing of information between chief executive and Commissioner, or

"Chief executive and Commissioner share information to do their jobs"

Part 8Miscellaneous provisions
Appeals

343Appeal on question of law

  1. If any party to an appeal under section 341 or to an application under section 342 is dissatisfied with the decision of the District Court Judge as being erroneous in point of law, the party may appeal to the High Court on the question of law only.

  2. Subpart 8 of Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications to every appeal under this section.