New Zealand Legislation: Acts

10 Appeals to Court of Appeal or Supreme Court

• (1) With the leave of the court appealed to, a party to an appeal under any of sections 6, 7, or 9 may appeal to the Court of Appeal or the Supreme Court against any decision of the court in the appeal.

  (2) Subsection (1) is subject to section 14 of the Supreme Court Act 2003 (which provides that the Supreme Court must not give leave to appeal directly to it against a decision made in a New Zealand 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).

  (3) An application for leave to appeal under this section must be made—

  • (a) within 28 days after the date of the issue of the decision or within any further time that the court appealed to may allow; and

  • (b) in the manner that may be directed by rules of the court appealed to for leave to appeal to that court.

  Section 10: substituted, on 1 July 2009, by section 17 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).