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StatuteProtection of Personal and Property Rights Act 1988

Section 85 — Protection of Personal and Property Rights Act 1988: Appeals to Court of Appeal from decisions of High Court

Text of the provision Official document

85 Appeals to Court of Appeal from decisions of High Court (1) Where— (a) An application to a Family Court for the exercise of the Court's jurisdiction under this Act has been transferred to the High Court in accordance with section 14 of the Family Courts Act 1980 ; and (b) The High Court has made or refused to make an order,—

a party to the proceedings or the person in respect of whom the application was made may, within 28 days after the making of the order or decision or within such further time as the Court of Appeal may allow, appeal to the Court of Appeal against the order or decision. (2) Every appeal under subsection (1) of this section, except an appeal upon a question of law, shall be by way of rehearing of the original proceedings as if the proceedings had been properly commenced in the Court of Appeal. (3) [Repealed] Subsection (3) was repealed, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.