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StatuteSenior Courts Act 2016

Section Sch5-3 — Senior Courts Act 2016: Privy Council may still determine appeals in certain existing proceedings

Text of the provision Official document

3 Privy Council may still determine appeals in certain existing proceedings (1) The Privy Council may hear and determine, or continue to hear and determine,— (a) an appeal against a final judgment of the Court of Appeal made before 1 January 2004, or made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004, where— (i) the matter in dispute on the appeal amounts to or is of the value of $5,000 or upwards; or (ii) the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of $5,000 or upwards; or (b) an appeal arising out of a successful application to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against a decision of the Court of Appeal— (i) made before 1 January 2004; or (ii) made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004; or (c) an appeal arising out of a successful application to the Privy Council (whether made before, on, or after 1 January 2004) for special leave to appeal to it against a decision of the Court of Appeal— (i) made before 1 January 2004; or (ii) made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004. (2) Subclause (1) does not apply to an appeal if— (a) the Privy Council has not begun hearing the appeal; and (b) all parties agree in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against the decision concerned. Compare: 2003 No 53 s 50

Official source: legislation.govt.nz

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