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Oranga Tamariki Act 1989

Appeals - Appeals from decisions of Family Court

348: Determination of appeals

You could also call this:

"The High Court decides appeals from the Family Court and its decision is like a Family Court decision."

Illustration for Oranga Tamariki Act 1989

When you appeal a decision from the Family Court, the High Court makes a decision. The High Court's decision is treated like it was made by the Family Court. Most provisions of the Oranga Tamariki Act apply to the High Court's decision, except for sections 341 to 347.

You can think of the High Court's decision as having the same effect as a Family Court decision. The Oranga Tamariki Act has rules that apply to Family Court decisions, and these rules also apply to the High Court's decision in this case. This means that the same laws and rules are followed, except for a few specific sections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154084.

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347: Appeal to Court of Appeal, or

"Asking a higher court to review a decision: Appeal to Court of Appeal"

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"Court can send appeal back to be reconsidered"

Part 6Appeals
Appeals from decisions of Family Court

348Determination of appeals

  1. Repealed

  2. Every decision of the High Court shall have effect as if it were a decision or order made by the Family Court and all the provisions of this Act (except sections 341 to 347) shall apply in respect of every such decision of the High Court accordingly.

  3. Repealed
Notes
  • Section 348(1): repealed, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
  • Section 348(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 348(3): repealed, on , by section 48(2) of the Supreme Court Act 2003 (2003 No 53).