Family Protection Act 1955

3A Courts to have concurrent jurisdiction

(1)

Subject to the succeeding provisions of this section, the High Court, the Maori Land Court, and the Family Court shall each have jurisdiction in respect of proceedings under this Act.

(2)

The Family Court shall not have jurisdiction in respect of any application under this Act if, at the date of the filing of the application, proceedings relating to the same matter have already been commenced in the High Court.

(2A)

An application under this Act must be made to—

(a)

the Family Court or the High Court, unless paragraph (b) applies:

(b)

the Maori Land Court, if the application relates only to Maori freehold land.

(3)

The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to any other court referred to in subsection (2A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.

(3A)

The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.

(4)

The High Court, upon application by any party to any proceedings pending under this Act in the Family Court or the Maori Land Court, shall order that the proceedings be removed into the High Court unless it is satisfied that the proceedings would be more appropriately dealt with in the Family Court or the Maori Land Court (as the case may be). Where the proceedings are so removed, they shall be continued in the High Court as if they had been properly and duly commenced in that court.

(5)

Any appeal from a decision of the Family Court or the Maori Land Court under this Act must be made to the High Court.

(6)

In this section, Maori freehold land

(a)

has the meaning given by section 4 of Te Ture Whenua Maori Act 1993; and

(b)

includes shares in a Maori incorporation under that Act; and

(c)

includes the proceeds of alienation of anything referred to in paragraph (a) or (b).

Section 3A: inserted, on 1 July 1992, by section 3 of the Family Protection Amendment Act 1991 (1991 No 65).

Section 3A(1): amended, on 6 February 2021, by section 86(1) of Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).

Section 3A(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 3A(2A): inserted, on 6 February 2021, by section 86(2) of Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).

Section 3A(3): replaced, on 6 February 2021, by section 86(3) of Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).

Section 3A(3A): inserted, on 6 February 2021, by section 86(3) of Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).

Section 3A(4): amended, on 6 February 2021, by section 86(4) of Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).

Section 3A(4): amended, on 6 February 2021, by section 86(5) of Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).

Section 3A(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 3A(5): inserted, on 6 February 2021, by section 86(6) of Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).

Section 3A(6): inserted, on 6 February 2021, by section 86(6) of Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).