Section 83 — Protection of Personal and Property Rights Act 1988: Right of appeal to High Court
Text of the provision Official document
83 Right of appeal to High Court (1) If, on an application for the exercise of the Court's jurisdiction under this Act, the Court makes or refuses to make an order, or dismisses or otherwise finally determines the proceedings, a party to the proceedings or the person in respect of whom the application was made may appeal to the High Court against the order or other decision of the Court. (2) If the Court makes an interlocutory or interim order, a party to the proceedings or the person in respect of whom the application was made may, with the leave of the Court, appeal to the High Court against the order. (3) The High Court Rules and sections 74 to 78 of the District Courts Act 1947 , with all necessary modifications, apply to an appeal under subsection (1) or subsection (2) as if it were an appeal under section 72 of that Act. (4) On the ex parte application of the appellant, the Court 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. (5) Subsection (4) overrides subsection (3) . Section 83 was substituted, as from 3 June 1998, by section 4 Protection of Personal and Property Rights Amendment Act 1998 (1998 No 58). See section 5 of that Act as to the transitional provision relating to appeals from the Family Court to the High Court. Sections 83 and 83A were substituted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
Official source: legislation.govt.nz
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