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Good Afternoon I made application to the Court Under Section…

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Good Afternoon I made application to...
Good Afternoon
I made application to the Court Under Section 141 of the Sentencing Act in regard to a vehicle i had an interest in, (loaned person money to buy vehicle), I registered a security interest on the PPSR. The vehicle was forfeitured under Section 32(4) Misuse of Drugs Act 1975. I have received the judgement back from the Judge which in the end he has ruled that i hold no interest in the vehicle and my application was refused.
Judgement was made in the High Court. I wish to appeal his decision. My question is how do i apply to appeal the decision, how many days do i have, are there forms that i need to fill in, does my appeal go to the Court of Appeal. Do i need representation. My claim on the vehicle is for the sum of $7000. I look forward to your response.
Submitted: 8 years ago.Category: New Zealand Law
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Answered in 19 minutes by:
6/18/2010
Solicitor: Chris The Lawyer, Lawyer replied 8 years ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,839
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Your appeal does go to the Court of Appeal. This can be done by you-the cost of a lawyer is as you will know likely to be prohibitive. It will depend on how confident you feel about the appeal and whether it is a matter of principle. The application for appeal will need to be on the standard form, which is in the Court of Appeal Rules. This is in the criminal side of the court so the form is on the Legislation website at http://www.legislation.govt.nz/regulation/public/2001/0371/latest/DLM95709.html.
There are time limits of 28 days so I would print out the form and fill it out promptly.
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Customer reply replied 8 years ago
I went to that site and it no longer there page is missing. Do you know where else i can get the form from. Thanks
Customer reply replied 8 years ago
I am leaving work. I still wish to receive an answer from you. Are you able to direct your response to my email address at [email protected] Many thanks
Solicitor: Chris The Lawyer, Lawyer replied 8 years ago
The form is in the schedule to the rules but you should be able to get a copy from the High Court or the Court of Appeal. You need to browse through the Rules to the schedule, and the forms are all there. You will need to print it out as they are in pdf format, and you will not be able to download as a word file. I have tried to extract this and you will need to set it out better-this forum doesnt allow any formatting.-

Form 1A
Notice of application for special leave to appeal (summary proceedings appeal)
r 5B(2)
Section 144(3), Summary Proceedings Act 1957
Name of applicant:
Determination of the High Court against which you are appealing:
[Describe the determination.]
Date of determination of the High Court:
Date of refusal of the High Court to grant leave to appeal:
Questions proposed for Court of Appeal:
[Set out the questions you wish the Court of Appeal to determine.]
To the Registrar of the Court of Appeal
I, the above named applicant, give you notice that I apply for special leave to appeal to the Court of Appeal against the determination of the High Court described above on the grounds set out below, and I give answers as follows to the following questions:
1 (a) Is any lawyer now acting for you?
(b) If so, give his or her name and address and fax number:
(c) Have you applied, or do you intend to apply, to the Legal Services Agency for a grant of legal aid?
2 If you are currently in a prison, which one?
3 If you do not currently have a lawyer, what is your current postal address and fax number (if any)?
4 (a) If you are in custody and are granted an oral hearing, do you wish to apply for leave to be present?
(b) If so, what are your reasons for seeking leave to be present? [If you wish to have bail, you must apply separately in writing setting out the reasons and grounds for your application.]
5 You have 21 days from the date of the refusal of the High Court to grant leave to appeal in which to file your application. The Court of Appeal may extend this time. If your application is out of time, what are your reasons for saying that the court should nevertheless extend the time and consider your application? XXXXXof Appeal may grant special leave if, in the opinion of that court, the question or questions of law involved in the appeal are ones that, by reason of their general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision. What are your grounds for seeking special leave?
7 What should the answer to the question or questions of law be? [In addition, briefly set out the grounds for that answer or those answers.]
8 What else do you wish the Court of Appeal to do in addition to answering the question or questions of law?
Dated this [date] day of [month] [year].
Signature of applicant:

Edited by Chris LaHatte on 6/18/2010 at 4:00 AM EST
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Solicitor: Chris The Lawyer, Lawyer replied 8 years ago
I would have sent this to you, but the email address is scrambled (I think deliberately) by JustAnswer, so come back if you need more assistance
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