New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 February 2012
| Public Act | 1908 No 89 |
| Date of assent | 4 August 1908 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
3 Supreme Court reconstituted as High Court
4 The Judges of the High Court
4B Functions of Chief High Court Judge
4C Judges of High Court act on full-time basis but may be authorised to act part-time
5 Senior Judge to act as Chief Justice in certain circumstances [Repealed]
6 Judges to be barristers or solicitors
7 Commissions of Judges to continue during good behaviour [Repealed]
8 Judges may be removed or suspended on address of both Houses of Assembly to the Queen [Repealed]
9 Governor may suspend Judge when Parliament not sitting [Repealed]
9A Salaries and allowances of Judges
10 Salaries of Judges not to be diminished [Repealed]
11B Certificate by Chief Justice and Chief High Court Judge
12 Superannuation allowance of Judges [Repealed]
14 Rights on retirement before attaining retiring age
15 How superannuation allowances of the existing Judges to be computed [Repealed]
16A Power to award damages as well as, or in substitution for, injunction or specific performance
17 Jurisdiction as to mentally disordered persons, etc
17A Jurisdiction as to liquidation of associations
17B Application of Companies Act 1993
17C Meaning of inability to pay debts
17D Power of liquidator to enforce liabilities
17E Actions stayed on liquidation
18 No jurisdiction in cases of felonies or misdemeanours committed prior to 14 January 1840
19 Powers of the court may be exercised by 1 or more Judges
19A Certain civil proceedings may be tried by jury
19B All other civil proceedings to be tried before Judge alone, unless court otherwise orders
19C Questions of foreign law to be decided by Judge
20 Governor in Council may divide New Zealand into districts [Repealed]
21 Actions and proceedings to be taken in the district prescribed by the Code of Civil Procedure [Repealed]
22 How applications to be made when Judge absent or unable to act [Repealed]
23 Governor-General may appoint special sittings
24 Registrar may act for Judge in certain cases [Repealed]
24A Establishment of commercial list
24B Proceedings eligible for commercial list
24D Directions for speedy determination of real questions in proceedings on commercial list
24F Proceedings not to be tried by jury
24G Restriction of right of appeal from interlocutory decisions
Administrative Division of the court
[Repealed]
25 Administrative Division of the High Court [Repealed]
26 Jurisdiction of Administrative Division [Repealed]
26A Lay members or assessors in certain cases [Repealed]
26B Rules relating to Administrative Division [Repealed]
Associate Judges of the High Court
26C Appointment of Associate Judges
26D Associate Judges act on full-time basis but may be authorised to act part-time
26F Salaries and allowances of Associate Judges
26G Superannuation or retiring allowances of Associate Judges
26H Temporary Associate Judges
26I Associate Judge may exercise certain powers of the court
26IA Ancillary powers of Associate Judge
26IB Judge or Associate Judge may, by video link, preside at hearing of specified matters
26J Power to make rules conferring specified jurisdiction and powers of Judge in chambers on Associate Judges
26K Power of Associate Judge to deal with witnesses and to punish for contempt
26L Associate Judge to have no power to make order for committal, attachment, or arrest
26M Associate Judge may act as referee
26N Transfer of proceedings from Associate Judge to Judge
26O Power of Associate Judge to adjourn proceedings
26P Review of, or appeals against, decisions of Associate Judges
26Q Immunity of Associate Judges
26R Jurisdiction of Judge not affected
29 Sheriffs and Deputy Sheriffs
30 Sheriff's oath [Repealed]
31 Sureties may withdraw [Repealed]
33 Sheriff to act as Queen's bailiff
34 Sheriff not to act as barrister or solicitor
35 Service of process when Sheriff disqualified
36 Persons arrested by Sheriffs may be committed to prison at once
37 Calculation of Sheriff's poundage [Repealed]
38 Appointment of, and oath taken by, appraiser [Repealed]
39 Goods defined [Repealed]
40 Sheriffs' and poundage fees [Repealed]
41 Fee in special cases [Repealed]
42 Fees to be paid into Crown Bank Account
Deputy Sheriffs and Acting Sheriffs
[Repealed]
43 Where Sheriff not present at sitting of court, duties of Sheriff may be performed by any person appointed by the court or Judge [Repealed]
44 Provision in cases of vacancy in office of Sheriff [Repealed]
45 Governor may appoint Deputy Sheriffs [Repealed]
46 When Deputies to act [Repealed]
Commissioners to administer oaths
47 Commissioners to take affidavits, etc, out of New Zealand
48 Affidavits, etc, so taken to be of like effect as if taken in New Zealand
Practice and procedure of the court
51A Publication of High Court Rules under Acts and Regulations Publication Act 1989
51D Rules of court under other Acts to be made in manner provided by this Act
51E Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court
51F Power to make rules conferring specified jurisdiction and powers of Judge on Registrars or Deputy Registrars
51G Jurisdiction of court to award costs in all cases
52 Power of Judge to hold or adjourn sitting
53 Fees to be paid into Crown Bank Account
54 Service of process on Sundays void
54A Verdict of three-fourths [Repealed]
54B Discharge of juror or jury
Miscellaneous rules of law and of practice
[Repealed]
54C Procedure in respect of habeas corpus [Repealed]
55 Power under certain circumstances to arrest defendant about to quit New Zealand
56 Memorials of judgments obtained out of New Zealand may be registered
56A Failure of witness to attend
56B Refusal of witness to give evidence
56BB Witnesses entitled to expenses [Repealed]
56CA Judicial review of decisions under Immigration Act 1987 [Repealed]
Part 1A
Special provisions applying to certain proceedings in the High Court and the Federal Court of Australia
56E High Court may order New Zealand proceedings to be heard in Australia
56F Australian counsel entitled to practise in High Court
56G High Court may set aside subpoena issued in New Zealand proceeding
56H Injunctions and orders in New Zealand proceedings
56I Issue of subpoenas in New Zealand proceedings
56J Powers of Federal Court of Australia
56K Issue of subpoenas in Australian proceedings
56L Failure of witness to comply with subpoena issued in Australian proceeding
56M Federal Court of Australia may administer oaths in New Zealand
56N Orders made by Federal Court of Australia not subject to review
56O Contempt of Federal Court of Australia
56P Arrangements to facilitate sittings
56Q Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings
56R High Court may take evidence at request of Federal Court
56S Power to make rules for purposes of this Part
57 Constitution of Court of Appeal
57A Judges of Court of Appeal act on full-time basis but may be authorised to act part-time
58 Court of Appeal to sit in divisions
58A Composition of criminal appeals division or divisions
58B Composition of civil appeals division or divisions
58C Assignment of Judges to divisions
58D Court of Appeal to sit as full court in certain cases
58E Cases of sufficient significance for full court
58F High Court Judges sitting on full court
58G Authority of High Court Judges
59 Judgment of Court of Appeal
60 Sittings of Court of Appeal
60A Court of Appeal may sit in divisions [Repealed]
61 Adjournment in cases of absence of some of the Judges
61A Incidental orders and directions may be made and given by 1 Judge
62 Power to remit proceedings to the High Court
63 Judgments of Court of Appeal may be enforced by the High Court
Removal of proceedings from the High Court
64 Transfer of civil proceedings from High Court to Court of Appeal
65 Decision of Court of Appeal final as regards tribunals of New Zealand [Repealed]
Appeals from decisions of the High Court
66 Court may hear appeals from judgments and orders of the High Court
67 Appeals against decisions of High Court on appeal
68 Direct appeal from decision of inferior courts [Repealed]
[Repealed]
70 Appeal from judgment of Supreme Court on conviction [Repealed]
71 Rules of practice [Repealed]
73 Powers and duties of officers
75 Power to fix fees [Repealed]
Part 3
Rules and provisions of law in judicial matters generally
[Repealed]
76 Power to courts to amend mistakes and supply omissions in warrants, orders, etc [Repealed]
[Repealed]
77 Limitation of actions for merchants' accounts [Repealed]
78 Limitation not barred by claims subsequently arising [Repealed]
79 Absence beyond seas or imprisonment of a creditor not to be a disability [Repealed]
80 Period of limitation to run as to joint debtors in New Zealand, though some are beyond seas [Repealed]
81 Judgment recovered against joint debtors in New Zealand to be no bar to proceeding against others beyond seas after their return [Repealed]
82 Part payment by one contractor, etc, not to prevent bar in favour of another contractor, etc [Repealed]
83 Consideration for guarantee need not appear by writing [Repealed]
84 A surety who discharges the liability to be entitled to assignment of all securities held by the creditor
85 Rights of surety in such case
86 Rights of co-sureties, etc, as between themselves
87 Interest on debts and damages
88 Actions on lost instruments
Continued exercise of powers by judicial officers
88A Judicial officers to continue in office to complete proceedings
Miscellaneous provisions and rules of law
88B Restriction on institution of vexatious actions
89 Administration suits [Repealed]
90 Stipulations not of the essence of contracts
91 Damages by collision at sea [Repealed]
92 Discharge of debt by acceptance of part in satisfaction
93 Provisions of 9 Geo IV, c 14, ss 1 and 8, extended to acknowledgments by agents [Repealed]
94 Judgment against one of several persons jointly liable not a bar to action against others
94A Recovery of payments made under mistake of law
94B Payments made under mistake of law or fact not always recoverable
95 Limitation of time within which wills may be impeached [Repealed]
96 Jurisdiction as to costs in administration suits [Repealed]
97 Court empowered to grant special relief in cases of encroachment [Repealed]
98 Custody and education of infants [Repealed]
98A Proceedings in lieu of writs
99 In cases of conflict rules of equity to prevail
99A Costs where intervener or counsel assisting court appears
99C Appointment and other matters
99D Procedure and rules relating to technical advisers
100 Independent medical examination
100B Reviews of decisions of Registrars concerning fees
101 Words imputing unchastity to women actionable without special damage [Repealed]
Schedule 1
Enactments consolidated
Schedule 3
Rules of the Court of Appeal
[Repealed]
High Court Amendment (Wills Act 2007) Rules 2007
Judicature (High Court Rules) Amendment Act 2008
High Court Amendment Rules 2009
High Court (Access to Court Documents) Amendment Rules 2009
Judicature (Judicial Matters) Amendment Act 2010
High Court Amendment Rules 2010
An Act to consolidate certain enactments of the Parliament of New Zealand relating to the High Court and the Court of Appeal, and to certain rules and provisions of law in judicial matters generally
Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).
Title: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
