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StatuteDistrict Court Act 2016

Section 216 — District Court Act 2016: Procedure and appeals relating to section 213 orders

Text of the provision Official document

216 Procedure and appeals relating to section 213 orders (1) A party to any proceeding may apply for a limited order or an extended order. (2) A Judge may make a section 213 order either on an application under subsection (1) or on his or her own initiative. (3) An application for leave to continue or commence a civil proceeding by a party subject to a section 213 order may be made without notice, but the court may direct that the application for leave be served on any specified person. (4) An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice. (5) A Judge’s determination of an application for leave is final. (6) A section 213 order does not prevent or affect the commencement of a private criminal prosecution in any case. (7) The party against whom a section 213 order is made in the District Court may appeal against the order to the High Court. (8) The appellant in an appeal under subsection (7) or the applicant for the section 213 order concerned may, with the leave of the High Court, appeal against the determination of that appeal to the Court of Appeal. (9) A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be.

Official source: legislation.govt.nz

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