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Oranga Tamariki Act 1989

Appeals - Appeals from decisions of Family Court

341: Rights of appeal against decisions of Family Court

You could also call this:

"Appealing a Family Court decision: your right to disagree and take it to the High Court"

Illustration for Oranga Tamariki Act 1989

If the Family Court makes a decision about you, you can appeal to the High Court. You can appeal if the Family Court makes or refuses to make an order, dismisses the proceedings, or finally determines the proceedings. The High Court is where you go if you do not agree with the Family Court's decision.

If the Family Court makes an interlocutory or interim order, you can also appeal to the High Court, but you need to get the Family Court's permission first. You can appeal against the whole decision or just part of it. This means you can choose what you want to appeal about.

You can appeal if you are a party to the proceedings, a child or young person involved in the proceedings, or someone who is affected by the decision. The Family Court's decision can be about many things, and you have the right to say you do not agree with it. You can find more information about the laws that apply to this by looking at the District Courts Amendment Act 2002 and the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154066.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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"How to appeal a decision: a repealed part of the Oranga Tamariki Act 1989"

Part 6Appeals
Appeals from decisions of Family Court

341Rights of appeal against decisions of Family Court

  1. This subsection applies to a decision of the Family Court, in proceedings under this Act, to—

  2. make or refuse to make an order (other than an interlocutory or interim order); or
    1. dismiss the proceedings; or
      1. otherwise finally determine the proceedings.

        1. A party to proceedings in which there is made a decision to which subsection (1) applies, a child or young person to whom the proceedings relate, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.

        2. A party to proceedings under this Act in the Family Court in which an interlocutory or interim order is made, a child or young person to whom the proceedings relate, or any other person prejudicially affected by the order, may, with the leave of the Family Court, appeal to the High Court against the order.

        3. An appeal under this section may be from the whole or part of the decision or order concerned.

        Notes
        • Section 341: replaced, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
        • Section 341 heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 341(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 341(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).