25 Jun 2020
The District Court had no jurisdiction to extend the statutory 10 working day period for bringing an appeal from the Tenancy Tribunal under s117 RTA; s96(2) does not permit the Tribunal to extend time for appeals to the District Court after a decision, therefore the attempted appeal was a nullity and the High Court must dismiss the appeal.
20 Aug 2019
The Court declined the application because it concluded it lacked jurisdiction to extend the time for filing the appeal.
26 Sept 2018
Section 123(4) of the Human Rights Act 1993 prescribes a mandatory 30‑day time limit for filing an appeal to the High Court and does not permit extension; therefore the Court lacked jurisdiction to grant leave to appeal out of time and the appeal must be struck out.
1 Mar 2018
Because the caveator failed to file the required High Court application and notify LINZ within the 14‑day period and failed to obtain any interim or final order within the 28‑day period, the caveat lapsed and the Court, lacking jurisdiction to extend those statutory time limits, must dismiss the application to sustain the caveat.
8 Mar 2017
The High Court declined to grant a stay or extend time because the applicable appeal periods had expired, any extension must be sought in the Court of Appeal or Supreme Court under the relevant rules, and the applicant failed to demonstrate the requisite risk of substantial miscarriage of justice to justify a stay.
24 Nov 2014
Section 232(3) of the Electoral Act 1993 is mandatory and unqualified; the Election Petition Rules exclude application of High Court Rules to permit an extension; therefore the Court had no jurisdiction to extend time for giving security and, because security was not given in time, no further proceedings could be taken and the petition is at an end.
9 Aug 2012
Because one application was filed late, the other was not served, and the Court had no jurisdiction to extend the filing/service deadlines, both applications were dismissed.
18 Feb 2011
The statutory provisions (s118 and s253) require appeals to be brought within the time prescribed by High Court Rules; r20.4(2)(b) prescribes 20 working days and r20.4(3) does not permit extension in these circumstances, therefore the Court had no jurisdiction to extend time and the application for special leave was dismissed; alternatively, even if jurisdiction existed, leave would be refused for unexplained and substantial delay and prejudice.
13 Dec 2010
The application for leave was refused because it was lodged after the mandatory 21‑day period in s162(2) and the District Court has no jurisdiction to extend that period; additionally the impugned decision was factual with no question of law to refer to the High Court.
24 Nov 2010
Section 115(2) mandates that appeals to the High Court be brought within 28 days or the time may only be extended if an application for extension is made within that 28-day period; absent express statutory power to extend after that period the High Court has no jurisdiction to hear an out-of-time appeal, therefore leave to appeal was declined.