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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Miscellaneous provisions

120: Appeal from decisions of courts

You could also call this:

"You can ask a higher court to review decisions about child support cases"

If you are involved in a case under the Child Support Act 1991, you can appeal decisions made by the Family Court to the High Court. However, you can't appeal decisions about appointing lawyers to represent children or assist the court.

When you appeal, special rules apply. These rules are similar to those for other types of appeals to the High Court.

If you're the person appealing, you can ask the Family Court to let you appeal without having to pay money to the High Court first. This is called security for costs.

The Commissioner of Inland Revenue can also appeal Family Court decisions about certain child support matters to the High Court.

If you're not happy with the High Court's decision, you can ask the Court of Appeal for permission to appeal that decision.

The Court of Appeal has the same power as the High Court to make decisions on these appeals.

If you appeal a decision, it doesn't stop your child support assessment or your duty to pay child support. The Commissioner can still collect child support payments while your appeal is happening.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255391.

Topics:
Family and relationships > Children and parenting
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Part 7Jurisdiction of courts in relation to child support and domestic maintenance
Miscellaneous provisions

120Appeal from decisions of courts

  1. A party to the proceeding may appeal to the High Court against an order or declaration of the Family Court made under this Act.

  2. However, no appeal may be made to the High Court under subsection (1) in relation to a decision under—

  3. section 226 to appoint a lawyer to represent a child; or
    1. section 226A to appoint, or to direct the Registrar to appoint, a lawyer to assist the court.

      1. The High Court Rules 2016 and sections 126 to 130 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.

      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. Subsection (2) overrides subsection (1A).

      4. The Commissioner may appeal to the High Court against an order or declaration of the Family Court made under this Act in relation to any of the matters specified in section 102 or 103.

      5. The High Court Rules 2016 and sections 127 to 130 of the District Court Act 2016, with all necessary modifications, apply to an appeal under subsection (3) as if it were an appeal under section 124 of that Act.

      6. With the leave of the Court of Appeal, a party to an appeal under subsection (1) or subsection (3) may appeal to the Court of Appeal against all or part of any determination of the High Court made in the appeal.

      7. On an appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceeding as the High Court had.

      8. Repealed

      9. Repealed

      10. Subject to section 117, the fact that a proceeding is pending in relation to an appeal made by any person under this section does not suspend, interfere with, or affect—

      11. an assessment made in relation to the person; or
        1. the obligation to pay financial support; or
          1. the right of the Commissioner to receive and recover any financial support.

            Compare
            • 1964 No 136 s 27T
            Notes
            • Section 120(1): substituted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
            • Section 120(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 120(1AA): inserted, on , by section 4 of the Child Support Amendment Act (No 3) 2013 (2013 No 75).
            • Section 120(1A): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 120(2): substituted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
            • Section 120(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 120(2A): inserted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
            • Section 120(3): substituted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
            • Section 120(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 120(3): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
            • Section 120(3): amended, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).
            • Section 120(3A): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 120(4): substituted, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).
            • Section 120(6): repealed, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).
            • Section 120(7): repealed, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).