41Removal into Supreme Court

#### 41 Removal into Supreme Court 41 Removal into Supreme Court > > (1) This section applies to proceedings under any of sections 30, 34, 36 and 37. > > > (2) The District Court or the Local Court may, in respect of pending proceedings, order that the proceedings be removed into the Supreme Court. > > > (3) The Supreme Court, on application by a party to proceedings in the District Court or the Local Court made before final order in the proceedings, or made pursuant to a summons or other document filed in the Supreme Court before final order in the proceedings, may, on such terms as the Supreme Court thinks fit, order that the proceedings be removed into the Supreme Court. > > > (4) On the making of an order for removal under this section the registrar or clerk of the court from which the proceedings are removed shall send the record of the proceedings to the Supreme Court. > > > (5) In proceedings removed into the Supreme Court under this section the Supreme Court: > > > > > (a) has the jurisdiction which it would have if the application commencing the proceedings had been made in the Supreme Court, and > > > > > (b) may vary or rescind any order made in the proceedings by any court from which the proceedings have been removed under this section or transferred under section 42. > > **s 41:** Am 1999 No 31, Sch 4.60 \[1\]; 2007 No 94, Sch 1.68 \[3\] \[4\].