Section 22 — Property (Relationships) Act 1976: Jurisdiction
Text of the provision Official document
22 Jurisdiction (1) Every application under this Act must be heard and determined in a Family Court. (2) This section is subject to any other provision of this Act that confers jurisdiction on any other court. (3) Regardless of subsections (1) and (2) , a Family Court Judge may order that proceedings be transferred to the High Court if the Judge is satisfied that the High Court is the more appropriate venue for dealing with the proceedings, because of their complexity or the complexity of a question in issue in them. (4) The Family Court Judge may transfer proceedings on the application of a party to the proceedings or on his or her own initiative. (5) Proceedings transferred to the High Court continue in that Court as if they had been properly commenced there. The words “ High Court ” in subsections (1) to (3) were substituted, as from 1 April 1980, for the words “ Supreme Court ” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124). Subsection (1) was amended, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161) by substituting the word “ Family ” for the word “ Magistrate's ” . Subsection (2) was amended, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161) by substituting the words “ Family Court Judge ” for the word “ Magistrate ” . Subsection (3) was amended, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161) by substituting the word “ Family ” for the word “ Magistrate's ” . Subsection (3) was substituted, as from 1 July 1994, by section 2 Matrimonial Property Amendment Act 1994 (1994 No 45). Section 22 was substituted, as from 1 February 2002, by section 23 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions.
Official source: legislation.govt.nz
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