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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Assessment and treatment of persons suffering from severe substance addiction - Procedure

85: Appeals from decisions of Family Court

You could also call this:

"Challenging a Family Court decision about someone with a severe substance addiction"

Illustration for Substance Addiction (Compulsory Assessment and Treatment) Act 2017

If you are involved in a case in the Family Court about someone with a severe substance addiction, you can appeal to the High Court if you do not agree with the Family Court's decision. The High Court has its own rules, called the High Court Rules, which explain how to appeal a decision. These rules apply to your appeal, and you can also look at sections 126 to 128 of the District Court Act 2016 and section 124 for more information. You can ask the Family Court to let you appeal without having to pay money to the High Court, and the Family Court can make this decision without telling the other people involved in the case. The Family Court can make an order that says you do not have to give the High Court money as security for costs, which means you do not have to pay money to cover the costs of the other people involved in the case, according to section 126(1) and (2) of the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609237.

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86: Director of Addiction Services, or

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Part 2Assessment and treatment of persons suffering from severe substance addiction
Procedure

85Appeals from decisions of Family Court

  1. If, in an application to which this subpart applies, the Family Court has made or has refused to make an order, or has otherwise determined or has dismissed the application, a party may appeal to the High Court.

  2. The High Court Rules and sections 126 to 128 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. Despite subsection (2), on the appellant's application without notice, the Family Court may order that the appellant must not be required under section 126(1) and (2) of the District Court Act 2016 to give the Registrar of the High Court security for costs.