The mechanics of a District Court appeal are set out in three sections, and the National Court has dismissed appeals for getting each of them wrong. The list below is the whole procedure for the first month.
Institution
(1) An appeal under Section 219 shall be instituted (a) by notice of appeal; and (b) by entering into a recognizance on appeal, or by giving other security as specified in Section 222.
(2) An appellant shall give notice of his intention to appeal by lodging, within one month after the day when the decision is pronounced, a notice of appeal with the Clerk of the Court by which the conviction, order or adjudication was made.
Two things institute the appeal: the notice and the recognizance. Both are done within one month. And the notice goes to the District Court’s Clerk, not to the National Court registry. In Rabaul Shipping v Ruru (2000) N2022 the appeal was lodged with the National Court instead and, with other failures, was dismissed; in Moses v Magiten (2000) N2023 it was lodged with a different District Court, with the same result.
The notice and its service
(1) A notice of appeal shall be in writing, and shall state the nature of the grounds of appeal.
(2) Within one month after the day on which the decision was pronounced, a copy of the notice shall be served by or on behalf of the appellant on (a) the respondent, or on each of the respondents if more than one; and (b) the Registrar of the National Court.
Form 71 of the Regulation is the prescribed notice. The grounds should say what the magistrate got wrong: a finding of fact against the weight of evidence, an error of law, a want of jurisdiction, a denial of the right to be heard, an excessive sentence. Section 232 allows a defective notice to be amended on the hearing, but a notice that misleads or prejudices the respondent will be amended only on terms, so the grounds should be as accurate as the appellant can make them. See defective notices.
A notice may be served by delivering it personally, or by leaving it at the person’s usual or last known abode or business with an apparent inmate or employee aged at least 16 (section 238(1)). Service is proved by affidavit, though the National Court may require the server to be called (section 238(2)). Service on the Registrar is done at the National Court registry, which opens a file with a CA (criminal appeal) or CIA (civil appeal) reference under Order 18 rule 2 of the National Court Rules.
The recognizance
Within one month after the day when the decision is pronounced an appellant shall enter into a recognizance with a surety before a Magistrate in such sum as the Magistrate thinks fit, conditioned (a) to prosecute the appeal; (b) to abide the order of the National Court; and (c) to pay such costs as are awarded, or the appellant may instead deposit with the Clerk such sums of money as a Magistrate in writing directs.
The State and the Attorney-General are exempt (section 222(3)), and a juvenile appellant is exempt under section 93(3) of the Juvenile Justice Act 2014. For everyone else it is mandatory, and Nikints v Rumints [1990] PNGLR 123 holds it cannot be waived. See the recognizance on appeal.
The first-month checklist
| Task | Where | Proof to keep |
|---|---|---|
| Draft the notice of appeal in Form 71 with grounds | — | Copy |
| Lodge it with the Clerk of the District Court | District Court registry | Stamped copy with date |
| Serve a copy on each respondent | Respondent’s abode or business | Affidavit of service |
| Serve a copy on the Registrar of the National Court | National Court registry | Stamped copy; CA/CIA number |
| Ask a magistrate to fix the recognizance or deposit; enter into it with a surety, or pay the deposit to the Clerk | District Court | Copy of recognizance or receipt |
| Ask the Clerk to forward the depositions under s 224 and, if no reasons were given, to notify the magistrate under s 225 | District Court registry | — |
| If in custody, apply for release under s 223 | District Court | Order |
Then: enter the appeal within 40 days
Institution is only the beginning. Section 226 requires the appellant, within 40 days after institution, to enter the appeal for hearing by delivering a memorandum in Form 73 to the Registrar, and section 227 provides that if he does not, the District Court may enforce the decision as if there had been no appeal. See entering the appeal for hearing. The National Court’s Appeal Rules then take over: a directions hearing within 14 days of the Registrar receiving the notice, the appeal book, the pre-hearing conference and the hearing. See the National Court’s Appeal Rules.
Out of time
The National Court may extend the time for compliance with a condition precedent on an ex parte application by the appellant, and may dispense with a condition precedent where the appellant has done what was reasonably practicable. Under Order 18 rule 12(1) the application is by originating summons with an OS (App) reference. The recognizance is not a condition precedent for this purpose. See time limits.
The District Courts Act and Regulation are not on PacLII; both are on vLex (Act, Regulation).
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.