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Family Proceedings Act 1980

Appeals

174: Appeals from decisions of District Court and Family Court

You could also call this:

"Appealing a Family Court or District Court Decision"

Illustration for Family Proceedings Act 1980

You can appeal to the High Court if you do not agree with a decision made by the Family Court or the District Court. The High Court will look at the decision and make a new one if needed. You must follow the rules set out in the High Court Rules 2016. If you want to appeal, you usually need to give security for costs, but the District Court can decide you do not have to do this. Some decisions cannot be appealed, such as those about criminal cases or appointing a lawyer for a child. The High Court's decision can be appealed to the Court of Appeal, but only with their permission. Generally, an appeal does not stop the original decision from being enforced, unless the court says otherwise. You cannot appeal some decisions, like those that dissolve a marriage or civil union, in certain cases. The Court of Appeal has the same power as the High Court to make decisions on appeals.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41865.

Topics:
Crime and justice > Courts and legal help
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Part 10Appeals

174Appeals from decisions of District Court and Family Court

  1. This subsection applies to a decision of the Family Court or the District Court, in proceedings under this Act, to—

  2. make or refuse to make an order; or
    1. dismiss the proceedings; or
      1. otherwise finally determine the proceedings.

        1. A party to proceedings in which there is made a decision to which subsection (1AA) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.

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

        3. criminal proceedings; or
          1. a decision under—
            1. section 162 to appoint a lawyer to represent a child; or
              1. section 162A to appoint, or to direct the Registrar of the court to appoint, a lawyer to assist the court.

              2. 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.

              3. On the ex parte application of the appellant, the District 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. Subsection (2) overrides subsection (1A).

              5. Notwithstanding subsection (1), where an order dissolving a marriage or civil union is made by the Family Court or a Registrar in undefended proceedings, no appeal shall lie to the High Court against the order.

              6. Subsection (3) overrides subsection (1).

              7. The High Court shall not extend the time for appeal against an order dissolving a marriage or civil union.

              8. Subsection (4) overrides subsection (1A).

              9. A party to any appeal under subsection (1) may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court in the appeal.

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

              11. Repealed

              12. Repealed

              13. Except in the case of an order made under section 34, 39(4), or 39A(6) or where the court making the order appealed from otherwise directs, the operation of an order made under this Act shall not be suspended by an appeal under this section, and every order made under this Act may be enforced in the same manner in all respects as if no appeal under this section were pending.

              Notes
              • Section 174 heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 174(1AA): inserted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
              • Section 174(1AA): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 174(1AA): amended, on , by section 11(1) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).
              • Section 174(1): replaced, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
              • Section 174(1): amended, on , by section 11(2) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).
              • Section 174(1A): replaced, on , by section 11(3) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).
              • Section 174(1B): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 174(2): replaced, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
              • Section 174(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 174(2A): inserted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
              • Section 174(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 174(3): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
              • Section 174(3): amended, on , by section 14 of the Family Proceedings Amendment Act 1994 (1994 No 32).
              • Section 174(3A): inserted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
              • Section 174(4): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
              • Section 174(4A): inserted, on , by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
              • Section 174(5): amended, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).
              • Section 174(7): repealed, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).
              • Section 174(8): repealed, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).
              • Section 174(9): amended, on , by section 10 of the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (2024 No 42).