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 made after a lower court appeal"

Illustration for Senior Courts Act 2016

You can appeal a High Court decision if it was made after 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. If you do not follow the rules when making an application or appeal to the Court of Appeal, the court can dismiss it. The court can also deal with it in another way if it wants to. These rules are affected by Part 4. You should be aware that there are rules about how to appeal decisions. The Court of Appeal and Supreme Court have the final say in these matters. You can find more information about this by looking at the links to other laws, such as the one to s 67 of a previous law.

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 It might be out of date or be missing some parts.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

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

This page was last updated on View changes


Previous

59: Transfer of civil proceeding from High Court to Court of Appeal, or

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


Next

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.

Compare