Section 143 — Care of Children Act 2004: Appeals to High Court
Text of the provision Official document
143 Appeals to High Court (1) This subsection applies to a decision of a Family Court or District Court, in proceedings under this Act (other than criminal proceedings), to— (a) make or refuse to make an order (other than an interlocutory or interim order); or (b) dismiss the proceedings; or (c) otherwise finally determine the proceedings. (2) A party to proceedings in which there is made a decision to which subsection (1) applies, or a child to whom those proceedings relate, may appeal to the High Court against the decision. However, if the proceedings are under section 44 or section 46 , the party or child may appeal only with the leave of the High Court. (3) A party to proceedings under this Act in a Family Court or District Court (other than criminal proceedings or proceedings under section 44 or section 46 ) in which an interlocutory or interim order is made, or a child to whom those proceedings relate, may, with the leave of the Family Court or District Court (as the case requires), appeal to the High Court against the order. (4) The High Court Rules and sections 73 to 78 of the District Courts Act 1947 , with all necessary modifications, apply to an appeal under this section as if it were an appeal under section 72 of that Act. (5) On the ex parte application of the appellant, the Family Court or District Court (as the case may be) may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs. (6) Subsection (5) overrides subsection (4) . Compare: 1968 No 63 s 31
Official source: legislation.govt.nz
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