New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) This section applies to civil proceedings in which the only relief claimed is payment of a debt or pecuniary damages or the recovery of chattels.
(2) If the debt or damages or the value of the chattels claimed in any civil proceedings to which this section applies exceeds $3,000, either party may have the civil proceedings tried before a Judge and a jury on giving notice to the Court and to the other party, within the time and in the manner prescribed by the High Court Rules, that he requires the civil proceedings to be tried before a jury.
(3) Notwithstanding anything in subsection (2) of this section, in any case where, after notice has been given pursuant to that subsection but before the trial has commenced, the debt or damages or the value of the chattels claimed is reduced to $3,000 or less, the civil proceedings shall be tried before a Judge without a jury.
(4) If, in any civil proceedings to which this section applies, the defendant sets up a counterclaim, then, unless pursuant to this section the civil proceedings and the counterclaim are both to be tried before a Judge without a jury, the following provisions shall apply:
(a) On the application of either party made with the consent in writing of the other party, both the civil proceedings and counterclaim shall be tried before a Judge without a jury, or before a Judge with a jury, whichever is specified in the application:
(b) If no such application is made, the civil proceedings and the counterclaim shall, subject to any direction of the Court or a Judge under section 19B of this Act, be tried in accordance with the foregoing provisions of this section:
Provided that if the Court or a Judge orders that the civil proceedings and the counterclaim be tried together, they shall be tried before a Judge with a jury.
(5) Notwithstanding anything to the contrary in the foregoing provisions of this section, in any case where notice is given as aforesaid requiring any civil proceedings to be tried before a jury, if it appears to a Judge before the trial
(a) That the trial of the civil proceedings or any issue therein will involve mainly the consideration of difficult questions of law; or
(b) That the trial of the civil proceedings or any issue therein will require any prolonged examination of documents or accounts, or any investigation in which difficult questions in relation to scientific, technical, business, or professional matters are likely to arise, being an examination or investigation which cannot conveniently be made with a jury,
the Judge may, on the application of either party, order that the civil proceedings or issue be tried before a Judge without a jury.
(6) Nothing in this section shall apply in respect of any civil proceedings to be heard by the Court in its admiralty jurisdiction.
Sections 19A and 19B were inserted, as from 7 October 1977, by section 9(1) Judicature Amendment Act 1977 (1977 No 32).
Subsection (1) was amended, as from 1 January 1986, by section 11(1) Judicature Amendment Act (No 2) 1985 (1985 No 112) by substituting the words “civil proceedings”
for the word “actions”
.
Subsection (2) was amended, as from 1 April 1980, by section 6 Judicature Amendment Act 1979 (1979 No 124) by substituting the expression “$3,000”
for the expression “$1,000”
.
Subsection (2) was amended, as from 1 January 1986, by section 11(1) Judicature Amendment Act (No 2) 1985 (1985 No 112) by substituting the words “HIgh Court Rules”
for the words “rules of the High Court”
.
Subsection (2) was amended, as from 1 January 1986, by section 11(1) Judicature Amendment Act (No 2) 1985 (1985 No 112) by substituting the words “civil proceedings”
for the word “action”
.
Subsection (3) was amended, as from 1 April 1980, by section 6 Judicature Amendment Act 1979 (1979 No 124) by substituting the expression “$3,000”
for the expression “$1,000”
.
Subsections (3) to (6) were amended, as from 1 January 1986, by section 11(1) Judicature Amendment Act (No 2) 1985 (1985 No 112) by substituting the words “civil proceedings”
for the word “action”
.