District Courts Amendment Act 2003

District Courts Amendment Act 2003

Public Act2003 No 70
Date of assent21 October 2003

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the District Courts Amendment Act 2003.

2 Commencement
  • This Act comes into force on 24 November 2003.

3 Schedule of District Courts Amendment Act 2002 amended
  • The Schedule of the District Courts Amendment Act 2002 is amended by omitting from the item relating to the Protection of Personal and Property Rights Act 1988 the section headed Right of appeal to High Court, and substituting the following section:

    83 Right of appeal to High Court
    • (1) If, on an application for the exercise of the Court's jurisdiction under this Act, the Court makes or refuses to make an order, or dismisses or otherwise finally determines the proceedings, a party to the proceedings or the person in respect of whom the application was made may appeal to the High Court against the order or other decision of the Court.

      (2) If the Court makes an interlocutory or interim order, a party to the proceedings or the person in respect of whom the application was made may, with the leave of the Court, appeal to the High Court against the order.

      (3) The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) or subsection (2) as if it were an appeal under section 72 of that Act.

      (4) On the ex parte application of the appellant, the Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.

      (5) Subsection (4) overrides subsection (3).


Legislative history

16 October 2003Divided from Statutes Amendment Bill (No 3), third reading