This book is only available in PDF format

Authors: Andrew Beck, Lisa Hansen
Published: 2 March 2016
Pages: 102

Introduction

One of the tenets of the rule of law is that decisions made by a public body or agency that affect a person’s rights or interests should be reviewable in some way, either by judicial review or appeal.

Rights of appeal and review are recognised as constitutionally important. Section 25(h) of the New Zealand Bill of Rights Act 1990 provides that a person convicted of an offence has a right to appeal to a higher court against the conviction and sentence. Section 27(2) provides a right of review in relation to determinations by a tribunal or public body affecting a person’s rights, obligations or interests protected by law... (continues)
 

Content outline

• The appellate jurisdiction of the High Court
  • The High Court’s appellate function
  • Subpart 8 of part 6 of the Criminal Procedure Act 2011 (section 296 to 310)
  • District Courts Act 1947
  • The High Court Rules
  • Types of appeal
  • General appeal
  • Approach when appeal is against exercise of a discretion: Kacem v Bashir
  • Appeals on a question of law
  • Appeal de novo
• Leave to appeal
  • Requirements for leave
  • Questions of law
  • Second appeals
  • A more restrictive approach?
  • The leave application
  • Time for application
  • Further leave application
• Getting started
  • Requirements for bringing appeal
  • Commencement requirements
  • Time for commencement
  • Notice of appeal
  • Filing the notice of appeal
  • Filing in the ― administrative office
  • Service of notice of appeal
  • Cross-appeals
• Case management of appeals under part 20 of the High Court Rules
  • Case management conference
  • Security for costs
  • Order for transcript of evidence
  • Report by the decision-maker
  • Further evidence
  • Directions for conduct of appeal
• Preparation
  • Appellant’s submissions
  • Hearing bundle
  • Respondent’s submissions
  • Bundle of authorities
• The hearing
  • Courtroom etiquette
  • Appellant’s right of reply
• Case stated appeals
  • Some background to the case stated regime
  • Summary of part 21 of the High Court Rules
  • Case management of case stated appeals
  • Security for costs