New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Return of notice of appeal
  • 20 Jul 2023

    THOMAS v KANE [2023] NZCA 303

    Citation
    [2023] NZCA 303
    Court
    Court of Appeal

    Because the proposed appeal was a second appeal requiring statutory leave under s 145(1)(b) of the Care of Children Act 2004 and s 179(1) of the Family Violence Act 2018, the Court lacked jurisdiction to entertain the appeal without leave; Brown J correctly directed that leave be obtained and, given the applicant's failure to comply with directions, the minute of 26 November 2021 directing return of the notice of appeal and closure of the file was warranted; the application to review that minute is declined.