District Courts Amendment Act 2002

1: Title
1: This Act is the District Courts Amendment Act 2002.
2: In this Act, the District Courts Act 1947 the principal Act
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council.
3: New Part 5 substituted
The principal Act is amended by repealing Part 5
V: Appeals
71: Interpretation
In this Part,— decision section 112 make
72: General right of appeal
1: This subsection applies to every decision made by a District Court other than a decision of a kind in respect of which an enactment other than this Act—
a: expressly confers a right of appeal; or
b: provides expressly that there is no right of appeal.
2: A party to proceedings in a District Court may appeal to the High Court against the whole or any part of any decision to which subsection (1)
73: Agreements that decision would be binding
1: An appeal may not be brought under section 72
2: Subsection (1) section 72
74: Security for appeal
1: Unless granted legal aid under the Legal Services Act 2000 section 72
2: If any security required is not given within the time required by the High Court Rules, the appellant's appeal must be treated as having been abandoned.
75: Appeals to be by way of rehearing
All appeals under section 72
76: Powers of High Court on appeal
1: Having heard an appeal under section 72
a: make any decision or decisions it thinks should have been made:
b: direct the District Court in which the decision appealed against was made—
i: to rehear the proceedings concerned; or
ii: to consider or determine (whether for the first time or again) any matters the High Court directs; or
iii: to enter judgment for any party to the proceedings concerned the High Court directs:
c: make any further or other orders it thinks fit (including any orders as to costs).
2: The High Court must state its reasons for giving a direction under subsection (1)﻿(b)
3: The High Court may give the District Court any direction it thinks fit relating to—
a: rehearing any proceedings directed to be reheard; or
b: considering or determining any matter directed to be considered or determined.
4: The High Court may act under subsection (1)
5: Even if an interlocutory decision made in the proceedings concerned has not been appealed against, the High Court—
a: may act under subsection (1)
b: may set the interlocutory decision aside; and
c: if it sets the interlocutory decision aside, may make in its place any interlocutory decision or decisions the District Court could have made.
6: The powers given by this section may be exercised in favour of any respondent or party to the proceedings concerned, even if the respondent or party did not appeal against the decision concerned.
77: Repayment of judgment sum and interest
1: This subsection applies if—
a: a party to proceedings in a District Court (party A) (party B)
b: on appeal under section 72
2: If subsection (1)
a: may order party B to repay to party A some or all of the amount paid by party A; and
b: may also order party B to pay to party A interest at a rate not greater than the prescribed rate (within the meaning of section 87(3) of the Judicature Act 1908
78: Enforcement proceedings
For the purposes of enforcement proceedings, a judgment or order of the High Court under paragraph (a) or paragraph (c) of section 76(1) section 77(2)
79: Right of appeal in respect of contempt of Court
1: This subsection applies to any order under section 112
2: A person against whom an order to which subsection (1)
3: Sections 116 to 144 of the Summary Proceedings Act 1957
4: Consequential amendments
The enactments specified in the Schedule are amended in the manner indicated in that schedule.
5: Transitional
An appeal, under any enactment, commenced before the commencement of section 3 sections 3 4