High Court Rules 2016

  • Warning: Some amendments have not yet been incorporated
  • This version was replaced on 29 January 2018 to make a correction to rule 20.13(3) under section 25(1)(k) of the Legislation Act 2012, and on 13 June 2018 to make corrections to Schedule 1 form G 1 under section 25(1)(g) of the Legislation Act 2012, and on 5 February 2019 to make a correction to Schedule 1 form B 5 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012.

Subpart 3—Commencement of appeal

20.4 Time for appeal if there is right of appeal

(1)

This rule applies if a party has a right of appeal to the court.

(2)

An appeal must be brought—

(a)

within the specified period if the enactment that confers the right of appeal specifies a period within which the appeal must be brought; or

(b)

in every other case, within 20 working days after the decision appealed against is given.

(3)

By special leave, the court may extend the time prescribed for appealing if the enactment that confers the right of appeal—

(a)

permits the extension; or

(b)

does not limit the time prescribed for bringing the appeal.

(4)

An application for an extension—

(a)

must be made by an interlocutory application on notice to every other party affected by the appeal; and

(b)

may be made before or after the expiry of the time for appealing.

Compare: 1908 No 89 Schedule 2 r 704