New Zealand Legislation: Acts

8 Procedure for obtaining leave of court to appeal against ruling

• (1) If a person wishes to obtain the leave of the court to appeal under section 7, he or she—

  • (a) must, within 10 days after the ruling is given, give notice of the application for leave to appeal in any manner that may be directed by rules of the court; and

  • (b) may do so—

    • (i) whether or not reasons for the ruling are given at a later date; and

    • (ii) whether or not any formal steps to sign, enter, or otherwise perfect the ruling are necessary or are taken later.

  (2) The time within which notice of an application for leave to appeal to the court under this section must be given may be extended at any time by the court.

  (3) Despite the making of an application for leave to appeal under this section, the Court Martial may, if it is satisfied that it is in the interests of justice to do so, proceed with the trial without awaiting the determination of the application.

  Section 8: substituted, on 1 July 2009, by section 10 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).