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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Procedural provisions - Appeals

133: Appeals from decisions of Family Court

You could also call this:

"Challenging a Family Court decision: how to appeal to the High Court"

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If you are involved in a case under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 and the Family Court makes a decision, you can appeal to the High Court. You have 28 days to do this, or you can ask the High Court for more time. You follow the same rules as you would for an appeal under section 124 of the District Court Act 2016, using the High Court Rules 2016 and sections 126 to 128 of the District Court Act 2016. The High Court's decision is final, unless section 134 applies, which might let you take it further.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225982.

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Part 9Procedural provisions
Appeals

133Appeals from decisions of Family Court

  1. Where, in a proceeding under this Act, the Family Court has made or has refused to make an order, or has otherwise determined or has dismissed the proceeding, a party to the proceeding may, within 28 days after the making of the order or decision or within such further time as the High Court may allow, appeal to the High Court.

  2. The High Court Rules 2016 and sections 126 to 128 of the District Court Act 2016, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 124 of that Act.

  3. Despite subsection (2), on the appellant's application without notice, 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.

  4. The decision of the High Court on an appeal to that court under subsection (1) is final unless section 134 applies.

Compare
Notes
  • Section 133 heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 133(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 133(2): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 133(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).