New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In every case where, under this Act, or any other Act or the Letters Patent constituting the office of the Governor-General, the Governor-General or the Governor-General in Council appoints one or more Judges of the High Court or former Judges of the High Court to be members of a Commission for the purpose of holding an inquiry, every such Judge or retired Judge, and the Commission of which he or she is a member, shall, for the purposes of such inquiry, have the same powers, privileges, and immunities as are possessed by a Judge of the High Court in the exercise of his or her civil jurisdiction under the Judicature Act 1908.
(2) Where any member of a Commission is a Judge of the High Court or a former Judge of the High Court, any order made by that Commission or any such member—
(a) Shall, as soon as conveniently may be after its making, be drawn up and signed,—
(i) In the case of an order made by the Commission, by the Chairman (whose signature shall be judicially noticed); and
(ii) In the case of an order made by a member of the Commission who is a Judge of the High Court or a former Judge of the High Court, by that member (whose signature shall be judicially noticed); and
(b) May, for the purpose of enabling that order to be enforced, be filed in any office of the High Court.
(3) Where any order made by a Commission (other than an order made under section 56A(1) of the Judicature Act 1908 (as applied by section 13A(1)(a) of this Act) or under section 56B of the Judicature Act 1908 (as applied by section 13A(1)(b) of this Act) or under section 13B of this Act) is, under subsection (2) of this section, filed in an office of the High Court, that order shall be enforceable in the same manner as a final judgment of the High Court in civil proceedings.
(4) Where any member of a Commission who is a Judge or a former Judge of the High Court makes an order under section 56A(1) of the Judicature Act 1908 (as applied by section 13A(1)(a) of this Act) or under section 56B of the Judicature Act 1908 (as applied by section 13A(1)(b) of this Act) or under section 13B of this Act, that order shall be enforceable as if it were an order of the High Court.
(5) Where any member of a Commission is a Judge of the High Court or a former Judge of the High Court,—
(a) The provisions of this section shall, in relation to that member, apply in the place of the provisions of section 3 of this Act; and
(b) Section 4(1) of this Act shall, in relation to that Commission, be read as if, for the words “a District Court”
, there were substituted the words “the High Court”
; and
(c) Section 10 of this Act shall, in relation to that Commission, be read as if, for the words “High Court”
in both places where they appear, there were substituted in each case the words “Court of Appeal”
.
Compare: 1905 No 13 ss 2, 3
Subsection (3) was amended by section 2(2)(a) Commissions of Inquiry Amendment Act 1968 (1968 No 73) by substituting the words “subsection (1) of section 4”
for the words “section 4”
.
References in the former section 13 to the High Court and District Court were substituted, as from 1 April 1980, for references to the Supreme Court and Magistrate's Court pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) and section 18(2) District Courts Amendment Act 1979 (1979 No 25).
Section 13 was substituted, as from 29 July 1995, by section 2 Commissions of Inquiry Amendment Act 1995 (1995 No 48). See section 4 of that Act as to the application of that Act to existing Commissions.