Senior Courts Act 2016

Court of Appeal - Jurisdiction

60: Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court

You could also call this:

"Appealing a High Court decision that came from a lower court"

Illustration for Senior Courts Act 2016

You can appeal a High Court decision if it was an appeal from the District Court, Family Court, or Youth Court. You need to ask for permission to appeal to the Court of Appeal. The Court of Appeal's decision is final unless you get permission to appeal to the Supreme Court. You must ask the High Court or the Court of Appeal for permission to appeal. If you do not follow the rules when asking to appeal, the Court of Appeal can dismiss your appeal. The Court of Appeal can also deal with your appeal in other ways. These rules are affected by Part 4, which you can read about by following the link to Part 4. You can also look at older laws, such as the one from 1908, by following the link to s 67. The rules about appeals can be complex, so it is a good idea to understand them carefully.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759376.

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"Moving a Civil Case from the High Court to the Court of Appeal"


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61: Reasons for granting or refusing leave to appeal, or

"Why the Court of Appeal says yes or no to an appeal"

Part 3Court of Appeal
Jurisdiction

60Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court

  1. The decision of the High Court on appeal from the District Court, the Family Court, or the Youth Court is final unless a party, on application, obtains leave to appeal against the decision to the Court of Appeal.

  2. An application under subsection (1) for leave to appeal to the Court of Appeal must be made to the High Court or, if the High Court refuses leave, to the Court of Appeal.

  3. If leave to appeal is obtained under subsection (1), the decision of the Court of Appeal is final unless a party obtains leave to appeal against that decision to the Supreme Court.

  4. If there is non-compliance with any procedural rules in relation to an application or appeal under this section before the Court of Appeal, the court may dismiss the application or appeal or deal with it in any other manner and on any terms that the court decides.

  5. Subsections (1) to (4) are subject to Part 4.

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