Water Services Act 2021

Provisions relating to supply of drinking water - Review and appeals - Appeals

96: Appeals to Court of Appeal or Supreme Court

You could also call this:

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

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You can appeal to the Court of Appeal or the Supreme Court if you are a party to an appeal under section 95. 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. You must follow section 75 of the Senior Courts Act 2016, which says the Supreme Court can only hear an appeal directly from another court in exceptional circumstances.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374789.

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95: Appeal to High Court, or

"Challenging a Decision in the High Court"


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Part 2Provisions relating to supply of drinking water
Review and appeals: Appeals

96Appeals to Court of Appeal or Supreme Court

  1. A party to an appeal under section 95 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).