Creating a system of appeal, review, and complaint
This is a single section from Chapter 28. Read the full chapter here.
What rules or procedures should apply to appeals?
Appeals to existing appeal bodies should be governed by the generic procedures that apply to appeals to those bodies.
The District Court Rules and High Court Rules establish the appeal procedures that apply to civil appeals to those courts. Those procedures provide default rules covering a range of issues, including the time frame for commencing an appeal, the nature of the appeal, and requirements for leave to appeal. Subsequent appeals (that is, those to the Court of Appeal and Supreme Court) should be governed by the respective rules of those courts.
The Criminal Procedure Act 2011, and the associated rules, provide a comprehensive appeal procedure in respect of criminal appeals.
Other bodies that hear appeals, such as Tribunals, will also have an established set of procedural rules.
New legislation should rely on existing procedures unless there are compelling reasons to create new procedures. The next four parts of this chapter concern the design of those special procedures, if they are required.