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Family Proceedings Act 1980

Appeals

175: Appeals from decisions of High Court

You could also call this:

"Challenging a High Court Decision: How to Appeal"

Illustration for Family Proceedings Act 1980

You can appeal to the Court of Appeal if you do not agree with a decision made by the High Court. You have 28 days to appeal after the decision is made. You cannot appeal if the decision was about dissolving a marriage or civil union and it was not defended. If the High Court dissolves a marriage or civil union, you might not be able to appeal. The Court of Appeal can extend the time for you to appeal, but not for dissolving a marriage or civil union. You can appeal against other decisions, and the Court of Appeal can give you more time to do this. The rules about appealing are in the Family Proceedings Act 1980, and you can look at section 174 for more information about appeals. There are also rules in section 34, 39(4), and 39A(6) that you might need to know about. You can also look at section 14 of the Family Court Act 1980 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41878.

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Part 10Appeals

175Appeals from decisions of High Court

  1. Subject to subsections (2) to (5), a party to any proceedings under this Act before the High Court (other than proceedings on an appeal under section 174) may appeal to the Court of Appeal, against any order or decision of the court or of a Judge of the court, within 28 days after the making of the order or decision.

  2. Where an order dissolving a marriage or civil union is made in the High Court under section 34, 39(4), or 39A(6) in any proceedings that have been transferred to that court under section 14 of the Family Court Act 1980, section 42 of this Act shall apply in respect of that order and shall have effect as if, for the words “High Court”, there were substituted the words “Court of Appeal”.

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

  4. The Court of Appeal shall not extend the time for appeal against an order dissolving a marriage or civil union.

  5. Subject to subsection (4), the Court of Appeal may extend the time for appeal on such terms and subject to such conditions as it thinks fit.

  6. Repealed
Notes
  • Section 175(2): amended, on , by section 11 of the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (2024 No 42).
  • Section 175(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 175(2): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
  • Section 175(3): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
  • Section 175(3): amended, on , by section 3(1) of the Family Proceedings Amendment Act 1981 (1981 No 64).
  • Section 175(4): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
  • Section 175(6): repealed, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).