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Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

75: Appeal to District or High Court

You could also call this:

"Challenging a Decision in a Higher Court"

Illustration for Retirement Villages Act 2003

You can appeal a decision made by a disputes panel or the District Court. You appeal to the District Court if they first heard the dispute. You appeal to the High Court if the dispute was sent to the District Court under section 66(3), or in any other case. You must file the appeal in the correct court within 20 working days. The court will hear the appeal again from the start. The court's decision is final and you cannot appeal again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220935.

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Crime and justice > Courts and legal help
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Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

75Appeal to District or High Court

  1. Any party to a dispute resolution may appeal against the decision of the disputes panel or District Court resolving the dispute.

  2. The appeal is to—

  3. the District Court if the District Court had jurisdiction to hear the dispute as a court of first instance; or
    1. in the case of a dispute referred to the District Court under section 66(3), the High Court; or
      1. the High Court in any other case.

        1. The appeal must be heard by the court in accordance with the directions made by the court after the appeal has been filed.

        2. The court must hear the appeal by rehearing the dispute.

        3. The appeal must be filed in the appropriate court within 20 working days after the disputes panel has made the decision.

        4. The decision of the court hearing the appeal is final, and there is no further appeal.

        Notes
        • Section 75(2)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 75(2)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).