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Oranga Tamariki Act 1989

Appeals - Appeals from decisions of Family Court

346: Procedure on appeal

You could also call this:

"What happens when you appeal a Family Court decision"

Illustration for Oranga Tamariki Act 1989

When you appeal a decision from the Family Court, the High Court Rules 2016 and some parts of the District Court Act 2016 apply. These rules help guide the appeal process, and you can find more information about them on the High Court Rules 2016 and District Court Act 2016 websites. The rules are used as if the appeal were made under section 124 of the District Court Act 2016.

You can ask the Family Court not to make you pay security for costs when you appeal. The Family Court can make this decision without the other party present, which is called an ex parte application. This means you do not have to give the High Court money to cover the other party's costs, as stated in section 126(1) of the District Court Act 2016.

Some other rules, like sections 156, 157, and 166 to 169, also apply when the High Court hears your appeal under section 341. These rules help the court make decisions about your appeal. Other sections, such as sections 207O and 207U, can override some of these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154079.

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Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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Part 6Appeals
Appeals from decisions of Family Court

346Procedure on appeal

  1. The High Court Rules 2016 and sections 126 to 129 of the District Court Act 2016, with all necessary modifications, apply to an appeal under section 341 as if it were an appeal under section 124 of that Act.

  2. On the ex parte application of the appellant, the Family Court may order that the appellant must not be required under section 126(1) of the District Court Act 2016 to give the Registrar of the High Court security for costs.

  3. Sections 156, 157, and 166 to 169, with all necessary modifications, apply to the hearing in the High Court of an appeal under section 341.

  4. Subsections (2) and (3) and sections 207O and 207U override subsection (1).

Notes
  • Section 346: replaced, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
  • Section 346(1): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 346(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).