Family Proceedings Act 1980

Procedure

173: Rehearings

You could also call this:

"Asking the Court to Reconsider a Decision"

Illustration for Family Proceedings Act 1980

You can ask the court to rehear your application if they have already made or refused an order. The court can agree to rehear your application if you or the other person involved asks them to. They can set conditions for the rehearing. You will be told who to notify and how to notify them about the rehearing. The court will decide this. They will give you directions on what to do. If the court agrees to rehear your application, the original order will not be enforced until the rehearing is finished. This does not apply to orders about interim maintenance. The court can make a different decision if they want to.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41863.


Previous

172: Dismissal of application in District Court or Family Court no bar to further proceedings, or

"You can apply again if your court application is dismissed."


Next

174: Appeals from decisions of District Court and Family Court, or

"Appealing a Family Court or District Court Decision"

Part 9Procedure

173Rehearings

  1. Where an order has been made or refused on an application under this Act (other than an application under Part 4), the court may, on the application of the applicant or respondent, grant a rehearing of the application on such conditions as it thinks fit.

  2. Notice of any such rehearing shall be given to such persons and in such manner as the court directs.

  3. If the court grants an application for a rehearing, the operation of the order (not being an order for interim maintenance) shall, unless the court otherwise directs, be suspended pending the determination of the rehearing.