Plain language law

New Zealand law explained for everyone

Civil Aviation Act 2023

Regulations and miscellaneous provisions - Rights of appeal

457: Further appeal to Court of Appeal

You could also call this:

"You can appeal to a higher court, called the Court of Appeal, if you disagree with a decision."

Illustration for Civil Aviation Act 2023

If you are a party to an appeal on a question of law under section 456, you may appeal to the Court of Appeal on that question of law. You can do this with the leave of the High Court, or if the High Court refuses leave, you can appeal with special leave of the Court of Appeal.

The Court of Appeal can make an order or a determination as it thinks fit when you appeal.

The Court of Appeal's decision is final, whether you are appealing under this section or applying for special leave to appeal to the court.

When you appeal, you must follow the rules of court, except where this section says otherwise.

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 It might be out of date or be missing some parts.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=LMS49646.

Topics:
Crime and justice > Courts and legal help
Previous

456: Appeal to High Court on question of law, or

"You can ask the High Court to review a decision about a law."

Next

458: Delegation of certain functions of Minister to CAA, or

"The Minister can pass some of their tasks to the CAA in writing, but they are still in charge."

Part 10Regulations and miscellaneous provisions
Rights of appeal

457Further appeal to Court of Appeal

  1. A party to an appeal on a question of law under section 456 may appeal to the Court of Appeal on that question of law—

  2. with the leave of the High Court; or
    1. if the High Court refuses leave, with special leave of the Court of Appeal.

      1. On any appeal under subsection (1), the Court of Appeal may make an order or a determination as it thinks fit.

      2. The decision of the Court of Appeal is final—

      3. on an appeal under this section; or
        1. on an application for special leave to appeal to the court.

          1. Subject to this section, the procedure in respect of any appeal under this section must be in accordance with the rules of court.

          Compare