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StatuteCrimes Act 1961

Section 406A — Crimes Act 1961: Appeals against decisions made on references

Text of the provision Official document

406A Appeals against decisions made on references (1) With the leave of the court appealed to, a party to proceedings in which the High Court heard and determined a question referred to it under section 406(a) may appeal to the Court of Appeal or the Supreme Court against the High Court's determination of the question. (2) With the leave of the Supreme Court, a party to proceedings in which the Court of Appeal heard and determined a question referred to it under section 380 or section 406(a) may appeal to the Supreme Court against the Court of Appeal's opinion on or determination of the question. (3) With the leave of the Supreme Court, a party to an appeal to the Court of Appeal under subsection (1) may appeal to the Supreme Court against the Court of Appeal's determination of the appeal. (4) 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 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). Section 406A was inserted, as from 1 January 2004, by section 47 Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.

Official source: legislation.govt.nz

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