Appeals
This page has information about appealing a magistrate's decision.
What is an appeal?
You may be able to appeal a local court decision to the district court. An appeal is where you ask the district court to look at the local court's decision. When you appeal you are asking for the decision of the local court to be changed or cancelled.
You may want to appeal if:
- you don't agree that there was enough evidence to find you guilty and/or
- you think the sentence is too harsh.
Deciding to appeal
Before deciding to appeal, you should consider:
- whether you have a good case to appeal
- the risk of getting a harsher penalty in the district court
- what to put in a notice of appeal form.
Before you appeal, you should get
legal advice.
Time limit
An appeal must be filed with the court within 28 days from the date of the sentence.
If it is more than 28 days but less than three months after the decision, it is possible for the district court to give leave (permission) to appeal.
How to appeal
If you would like to appeal a local court decision, you will need to complete a Notice of Appeal to the District Court form.
You need one form:
- Notice of Appeal to the District Court
You can get copies of the form from:
You will need to complete the form and file it at the local court that sentenced you. You will need to pay a filing fee, currently $117 (as at 1 July 2018).
What happens after you file your appeal?
After you file your appeal, your penalty is stayed. This means any penalty you received, including a licence disqualification, will be delayed until your appeal is decided by the district court. The only exception to this is if you were sentenced to a term of imprisonment. You can apply for bail. You should get
legal advice.
If your licence was disqualified, you will need to contact the Roads and Maritimes Services (RMS) to find out if you can drive and get a new licence issued if your licence has been surrendered. You should not drive without a licence.
Before you appeal, you should get
legal advice.