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StatuteSenior Courts Act 2016

Section Sch5-4 — Senior Courts Act 2016: Limitation on right to appeal to Supreme Court in certain existing proceedings

Text of the provision Official document

4 Limitation on right to appeal to Supreme Court in certain existing proceedings (1) This subclause applies to a decision if— (a) it was made by any New Zealand court before 1 January 2004; or (b) it was made by the Court of Appeal after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004. (2) There is no right to appeal to the Supreme Court against a decision to which subclause (1) applies if— (a) the Privy Council has already heard or begun hearing an appeal against it; or (b) a New Zealand court has declined to give leave to appeal to the Privy Council against it and the Privy Council has not later given special leave to appeal against it; or (c) the Privy Council has declined to give special leave to appeal against it; or (d) all the parties to the proceeding in which it was made have not agreed in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against it. (3) Subclause (2) overrides sections 68 to 71 . Compare: 2003 No 53 s 51

Official source: legislation.govt.nz

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