The Magistrates’ Manual describes appeals as “simply part of the job” and a necessary safeguard. For a litigant the appeal is the one route by which a District Court decision can be reversed on its merits. This article maps Part XI; the rest of the group takes each step.
The right of appeal
Subject to Subsections (2) and (3), a person aggrieved by a conviction, order or adjudication of a Court, including an adjudication or order dismissing an information or complaint, may appeal to the National Court from the conviction, order or adjudication, in accordance with this Part.
Three features. It is a right, not a matter of leave; the Manual contrasts this with appeals to the Supreme Court. It covers every kind of decision: a conviction, a sentence, a civil order, a dismissal, a refusal to set aside an ex parte order, a costs order. And it belongs to a “person aggrieved”, which the Manual says is almost invariably a party against whom an unfavourable decision was made. The exceptions in section 219(2) to (4), which concern the State, are dealt with in appeals by the State.
The steps and the time limits
| Step | Time | Provision | Article |
|---|---|---|---|
| Lodge a written notice of appeal stating the grounds with the Clerk of the District Court | Within one month of the decision | ss 220(2), 221(1) | Lodging the appeal |
| Serve a copy on each respondent and on the Registrar of the National Court | Within one month | s 221(2) | Same |
| Enter into a recognizance with a surety before a magistrate, or deposit money with the Clerk | Within one month | s 222 | The recognizance on appeal |
| Enter the appeal for hearing by delivering a memorandum to the Registrar | Within 40 days of institution | s 226 | Entering the appeal |
| Directions hearing, appeal book, pre-hearing conference, hearing | As directed | National Court Rules O 18 Div 1A | The National Court’s Appeal Rules |
In Moses v Magiten (2000) N2023 and Rabaul Shipping v Ruru (2000) N2022 Kandakasi J dismissed appeals lodged in the wrong court, served late and entered for hearing when not ready, holding that failure to comply with sections 220, 221, 222, 226 and 227 is fatal. Section 231 allows the National Court to extend time or dispense with a condition precedent, but Nikints v Rumints [1990] PNGLR 123 holds that the recognizance cannot be waived. See time limits.
What the appeal is
The National Court’s own Appeal Rules, Order 18 Division 1A of the National Court Rules, describe the District Courts Act as the main statute conferring the National Court’s appellate jurisdiction and say that the procedure for District Court appeals is prescribed by the Act, with the Rules to be read subject to it. So the Act governs the first month and the 40 days; the Rules govern what happens once the appeal is on the Appeals List.
The appeal is a rehearing on the record. Section 224 requires the Clerk to send the National Court the conviction or order, the reasons if given, the complaint, the depositions and the exhibits, and section 225 requires a magistrate who gave no reasons to write a report. Section 229 excludes fresh evidence except by consent or order of the National Court. The National Court then inquires into the matter and may affirm, quash or vary the decision, substitute the decision that ought to have been made, remit the case, or make any order the District Court could have made; but by section 230(2) an appeal shall be allowed only if it appears to the National Court that there has been a substantial miscarriage of justice. See the National Court’s powers.
Does an appeal stop the order?
Not by itself. The order can be enforced unless stayed, and section 227 makes that explicit for an appeal not entered within 40 days. A stay is sought from the National Court by notice of motion under Order 18 rule 12(2) of the National Court Rules. A convicted appellant in custody may be released under section 223 once the notice has been served and the recognizance given. See release pending appeal.
Alternatives to an appeal
| Situation | Route |
|---|---|
| Order made in your absence | Application to the District Court under s 25 or s 159: cheaper and faster |
| Committal for trial | Judicial review for jurisdictional error only; an appeal is not the proper mode: challenging a committal |
| Magistrate acted without jurisdiction or in breach of natural justice | Judicial review under Order 16, or appeal; see appeal or review |
| Unlawful detention under a defective warrant | Habeas corpus, subject to ss 239–243 |
| Term of imprisonment in a Part VII case | Review by the National Court under s 171A, once the 2009 amendment commences |
Appealing further
The National Court’s decision on a District Court appeal can itself be appealed to the Supreme Court under the Supreme Court Act, with leave where the decision is interlocutory, as happened in Tiri v Eka (2017) SC1586. See appealing to the Supreme Court.
The District Courts Act is not on PacLII; it is available on vLex.
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.