Section 95 — District Court Act 2016: Procedure on transfer of proceeding to District Court
Text of the provision Official document
95 Procedure on transfer of proceeding to District Court (1) If an order is made under section 94 to transfer a proceeding to the District Court, the Registrar of the relevant registry of the High Court must send to the Registrar of the relevant office of the District Court— (a) a sealed copy of the order transferring the proceeding; and (b) a copy of the documents by which the proceeding was commenced and of all other documents filed in the High Court in the proceeding; and (c) a copy of such other documents as the Judge of the High Court directs. (2) Subject to the rules, the District Court has jurisdiction to hear and determine the proceeding on the transfer to the court of the documents, despite anything contained in any other enactment, and must do so as if the proceeding was originally commenced in the District Court. (3) The transfer of the proceeding to the District Court does not affect— (a) any right of appeal or the right to apply for leave to appeal against any decision of the High Court in the proceeding or against the order transferring the proceeding; or (b) the right to enforce a judgment or an order of the High Court made in the proceeding. Compare: 1947 No 16 s 47
Official source: legislation.govt.nz
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