27. Appeals against decisions of High Court—(1) If the appellant before the [High Court] is dissatisfied with any final determination of the Court in respect of the appeal as being erroneous in law, he may appeal to the Court of Appeal by way of case stated for the opinion of that Court on a question of law.
(2) Within 14 days after the date of the determination or decision, the appellant shall file a notice of appeal with the Registrar of the [High Court] at Wellington. The appellant shall forthwith deliver or post a copy of the notice to the Secretary.
(3) Within 14 days after the filing of the notice of appeal, or within such further time as the Judge before whom the proceedings were heard may in his discretion allow, the appellant shall state in writing and file with the Registrar a case setting out the facts and the grounds of the determination or decision and specifying the question of law on which the appeal is made. The appellant shall forthwith deliver or post a copy of the case to the Secretary.
(4) As soon as practicable after the filing of the case, the Registrar shall cause it to be submitted to the Judge before whom the proceedings were heard.
(5) The Judge shall, as soon as practicable, and after hearing the parties if he considers it necessary to do so, settle the case, sign it, and cause it to be sent to the Registrar. The settling and signing of the case shall be deemed to be the statement of the case by the Court.
(6) Where, since the date of the determination or decision, the Judge before whom the proceedings were heard has ceased to hold office as such or died or left New Zealand, or is incapable by reason of sickness or otherwise from acting as such, the case may be submitted to any Judge of the [High Court] and may be settled and signed by him.
(7) The Registrar shall send the signed case to the Registrar of the Court of Appeal, and shall make a copy available to the appellant.
(8) If within 14 days after the filing of the notice of appeal, or within such further time as may be allowed, the appellant does not file a case pursuant to subsection (3) of this section, the Judge may certify that the appeal has not been prosecuted.
(9) The [High Court] or a Judge of that Court may in its or his discretion, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the filing of a notice of appeal or the stating of any case.
(10) Subject to the foregoing provisions of this section, appeals under this section shall be heard in accordance with the rules of Court.
CROWN COPYRIGHT NOTICE: On and after 1 April 2001, section 27(1) of the Copyright Act 1994 provides that no copyright exists in any New Zealand Act (of Parliament) as defined in section 29 of the Interpretation Act 1999, whenever those works were made.
< Prev :: Index :: Next >
