New Zealand Acts

HARASSMENT ACT 1997 - SECT 34

34 Appeals to High Court

1AA This subsection applies to a decision of the Family Court or the District Court, in proceedings under this Act (including, without limitation, proceedings under section 40 ), to—

a) make or refuse to make an order; or

b) dismiss the proceedings; or

c) otherwise finally determine the proceedings.

1 A party to proceedings in which there is made a decision to which subsection (1AA) applies may appeal to the High Court against the decision.

2 The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 124 of that Act.

3 On the ex parte application of the appellant, the Family Court or District Court (as the case requires) may order that the appellant must not be required under section 126(1) of the District Court Act 2016 to give the Registrar of the High Court security for costs.

3A Subsection (3) overrides subsection (2).

4

Note: 1995 No 86 s 91

History: Section 34(1AA): inserted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).   Section 34(1AA): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 34(1): substituted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).     Section 34(2): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 34(3): substituted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).     Section 34(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 34(3A): inserted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).     Section 34(4): repealed, on 1 January 2004, by section 48(2) of the Supreme Court Act 2003 (2003 No 53).