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16AHCW

Appeals to the High Court

NZ $85.00
incl GST
Andrew Beck 2015 Lisa Hansen 2016
Andrew Beck
Barrister
Greytown
Lisa Hansen
Barrister
Wellington

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.

The ability to review or appeal a decision helps to ensure that decisions are legally correct. The prospect of scrutiny by a superior decision-maker also encourages first instance decision makers to produce high-quality decisions.

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
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