Section Sch5-5 — Senior Courts Act 2016: Transitional effect of sections 42 and 49 of Supreme Court Act 2003
Text of the provision Official document
5 Transitional effect of sections 42 and 49 of Supreme Court Act 2003 (1) The following applications must be determined as if sections 42 and 49 of the Supreme Court Act 2003 had not been enacted: (a) all applications to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against— (i) a decision of a New Zealand court made before 1 January 2004; or (ii) a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004: (b) all applications to the Privy Council (whether made before, on, or after 1 January 2004) for special leave to appeal to it against— (i) a decision of a New Zealand court made before 1 January 2004; or (ii) a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004. (2) All appeals that, by virtue of clause 3(1) , the Privy Council may hear and determine, or continue to hear and determine, must be heard and determined as if— (a) sections 42 and 49 of the Supreme Court Act 2003 had not been enacted; and (b) the reference in section 112(1) of the Credit Contracts and Consumer Finance Act 2003 to the Supreme Court included a reference to the Privy Council. Compare: 2003 No 53 s 52
Official source: legislation.govt.nz
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