Reprint as at 18 October 2016

Coat of Arms of New Zealand

Judicature Act 1908

Public Act
 
1908 No 89
Date of assent
 
4 August 1908
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title
1Short Title, etc
2Interpretation
3Supreme Court reconstituted as High Court
4The Judges of the High Court
4AChief High Court Judge
4BFunctions of Chief High Court Judge
4CJudges of High Court act on full-time basis but may be authorised to act part-time
5Senior Judge to act as Chief Justice in certain circumstances [Repealed]
6Judges to be barristers or solicitors
7Commissions of Judges to continue during good behaviour [Repealed]
8Judges may be removed or suspended on address of both Houses of Assembly to the Queen [Repealed]
9Governor may suspend Judge when Parliament not sitting [Repealed]
9ASalaries and allowances of Judges
10Salaries of Judges not to be diminished [Repealed]
11Temporary Judges
11AFormer Judges
11BCertificate by Chief Justice and Chief High Court Judge
12Superannuation allowance of Judges [Repealed]
13Age of retirement
14Rights on retirement before attaining retiring age
15How superannuation allowances of the existing Judges to be computed [Repealed]
16General jurisdiction
16APower to award damages as well as, or in substitution for, injunction or specific performance
17Jurisdiction as to mentally disordered persons, etc
17AJurisdiction as to liquidation of associations
17BApplication of Companies Act 1993
17CMeaning of inability to pay debts
17DPower of liquidator to enforce liabilities
17EActions stayed on liquidation
18No jurisdiction in cases of felonies or misdemeanours committed prior to 14 January 1840
19Powers of the court may be exercised by 1 or more Judges
19ACertain civil proceedings may be tried by jury
19BAll other civil proceedings to be tried before Judge alone, unless court otherwise orders
19CQuestions of foreign law to be decided by Judge
20Governor in Council may divide New Zealand into districts [Repealed]
21Actions and proceedings to be taken in the district prescribed by the Code of Civil Procedure [Repealed]
22How applications to be made when Judge absent or unable to act [Repealed]
23Governor-General may appoint special sittings
23AOffices of the High Court
24Registrar may act for Judge in certain cases [Repealed]
24AEstablishment of commercial list
24BProceedings eligible for commercial list
24CCommercial list Judges
24DDirections for speedy determination of real questions in proceedings on commercial list
24EAgreement not to appeal
24FProceedings not to be tried by jury
24GRestriction of right of appeal from interlocutory decisions
[Repealed]
25Administrative Division of the High Court [Repealed]
26Jurisdiction of Administrative Division [Repealed]
26ALay members or assessors in certain cases [Repealed]
26BRules relating to Administrative Division [Repealed]
26CAppointment of Associate Judges
26DAssociate Judges act on full-time basis but may be authorised to act part-time
26EVacation of office
26FSalaries and allowances of Associate Judges
26GSuperannuation or retiring allowances of Associate Judges
26HTemporary Associate Judges
26IAssociate Judge may exercise certain powers of the court
26IAAncillary powers of Associate Judge
26IBJudge or Associate Judge may, by video link, preside at hearing of specified matters
26JPower to make rules conferring specified jurisdiction and powers of Judge in chambers on Associate Judges
26KPower of Associate Judge to deal with witnesses and to punish for contempt
26LAssociate Judge to have no power to make order for committal, attachment, or arrest
26MAssociate Judge may act as referee
26NTransfer of proceedings from Associate Judge to Judge
26OPower of Associate Judge to adjourn proceedings
26PReview of, or appeals against, decisions of Associate Judges
26QImmunity of Associate Judges
26RJurisdiction of Judge not affected
27Appointment of officers
28Powers of Registrars
29Sheriffs and Deputy Sheriffs
30Sheriff’s oath [Repealed]
31Sureties may withdraw [Repealed]
32Duties, etc, of Sheriffs
33Sheriff to act as Queen’s bailiff
34Sheriff not to act as barrister or solicitor
35Service of process when Sheriff disqualified
36Persons arrested by Sheriffs may be committed to prison at once
37Calculation of Sheriff’s poundage [Repealed]
38Appointment of, and oath taken by, appraiser [Repealed]
39Goods defined [Repealed]
40Sheriffs’ and poundage fees [Repealed]
41Fee in special cases [Repealed]
42Fees to be paid into Crown Bank Account
[Repealed]
43Where Sheriff not present at sitting of court, duties of Sheriff may be performed by any person appointed by the court or Judge [Repealed]
44Provision in cases of vacancy in office of Sheriff [Repealed]
45Governor may appoint Deputy Sheriffs [Repealed]
46When Deputies to act [Repealed]
47Commissioners to take affidavits, etc, out of New Zealand
48Affidavits, etc, so taken to be of like effect as if taken in New Zealand
49Commission may be revoked
50Seal of the court
51High Court Rules
51APublication of High Court Rules under Legislation Act 2012 [Repealed]
51BRules Committee [Repealed]
51CPower to make rules [Repealed]
51DRules of court under other Acts to be made in manner provided by this Act [Repealed]
51EPower to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court [Repealed]
51FPower to make rules conferring specified jurisdiction and powers of Judge on Registrars or Deputy Registrars [Repealed]
51GJurisdiction of court to award costs in all cases
52Power of Judge to hold or adjourn sitting
53Fees to be paid into Crown Bank Account
54Service of process on Sundays void
54AVerdict of three-fourths [Repealed]
54BDischarge of juror or jury
[Repealed]
54CProcedure in respect of habeas corpus [Repealed]
55Power under certain circumstances to arrest defendant about to quit New Zealand
56Memorials of judgments obtained out of New Zealand may be registered
56AFailure of witness to attend
56BRefusal of witness to give evidence
56BBWitnesses entitled to expenses [Repealed]
56CContempt of court
56CAJudicial review of decisions under Immigration Act 1987 [Repealed]
56DInterpretation
56DBTrans-Tasman Proceedings Act 2010 does not affect this Part
56DCCourts (Remote Participation) Act 2010 does not apply to remote appearances under this Part
56EHigh Court may order New Zealand proceedings to be heard in Australia
56FAustralian counsel entitled to practise in High Court
56GHigh Court may set aside subpoena issued in New Zealand proceeding
56HInjunctions and orders in New Zealand proceedings
56IIssue of subpoenas in New Zealand proceedings
56JPowers of Federal Court of Australia
56KIssue of subpoenas in Australian proceedings
56LFailure of witness to comply with subpoena issued in Australian proceeding
56MFederal Court of Australia may administer oaths in New Zealand
56NOrders made by Federal Court of Australia not subject to review
56OContempt of Federal Court of Australia
56PArrangements to facilitate sittings
56QPrivileges and immunities of Judges, counsel, and witnesses in Australian proceedings
56RHigh Court may take evidence at request of Federal Court
56SPower to make rules for purposes of this Part
57Constitution of Court of Appeal
57AJudges of Court of Appeal act on full-time basis but may be authorised to act part-time
58Court of Appeal to sit in divisions
58AComposition of criminal appeals division or divisions
58BComposition of civil appeals division or divisions
58CAssignment of Judges to divisions
58DCourt of Appeal to sit as full court in certain cases
58ECases of sufficient significance for full court
58FHigh Court Judges sitting on full court
58GAuthority of High Court Judges
59Judgment of Court of Appeal
60Sittings of Court of Appeal
60ACourt of Appeal may sit in divisions [Repealed]
61Adjournment in cases of absence of some of the Judges
61AIncidental orders and directions may be made and given by 1 Judge
62Power to remit proceedings to the High Court
63Judgments of Court of Appeal may be enforced by the High Court
64Transfer of civil proceedings from High Court to Court of Appeal
65Decision of Court of Appeal final as regards tribunals of New Zealand [Repealed]
66Court may hear appeals from judgments and orders of the High Court
67Appeals against decisions of High Court on appeal
68Direct appeal from decision of inferior courts [Repealed]
69Trial at bar
[Repealed]
70Appeal from judgment of Supreme Court on conviction [Repealed]
71Rules of practice [Repealed]
72Appointment of officers
73Powers and duties of officers
74Court seal
75Power to fix fees [Repealed]
[Repealed]
76Power to courts to amend mistakes and supply omissions in warrants, orders, etc [Repealed]
[Repealed]
77Limitation of actions for merchants’ accounts [Repealed]
78Limitation not barred by claims subsequently arising [Repealed]
79Absence beyond seas or imprisonment of a creditor not to be a disability [Repealed]
80Period of limitation to run as to joint debtors in New Zealand, though some are beyond seas [Repealed]
81Judgment recovered against joint debtors in New Zealand to be no bar to proceeding against others beyond seas after their return [Repealed]
82Part payment by one contractor, etc, not to prevent bar in favour of another contractor, etc [Repealed]
83Consideration for guarantee need not appear by writing [Repealed]
84A surety who discharges the liability to be entitled to assignment of all securities held by the creditor
85Rights of surety in such case
86Rights of co-sureties, etc, as between themselves
87Interest on debts and damages
88Actions on lost instruments
88AJudicial officers to continue in office to complete proceedings
88BRestriction on institution of vexatious actions
89Administration suits [Repealed]
90Stipulations not of the essence of contracts
91Damages by collision at sea [Repealed]
92Discharge of debt by acceptance of part in satisfaction
93Provisions of 9 Geo IV, c 14, ss 1 and 8, extended to acknowledgments by agents [Repealed]
94Judgment against one of several persons jointly liable not a bar to action against others
94ARecovery of payments made under mistake of law
94BPayments made under mistake of law or fact not always recoverable
95Limitation of time within which wills may be impeached [Repealed]
96Jurisdiction as to costs in administration suits [Repealed]
97Court empowered to grant special relief in cases of encroachment [Repealed]
98Custody and education of infants [Repealed]
98AProceedings in lieu of writs
99In cases of conflict rules of equity to prevail
99ACosts where intervener or counsel assisting court appears
99BTechnical advisers
99CAppointment and other matters
99DProcedure and rules relating to technical advisers [Repealed]
100Independent medical examination
100ARegulations
100BReviews of decisions of Registrars concerning fees
101Words imputing unchastity to women actionable without special damage [Repealed]
[Repealed]
Reprint notes

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).

 
1 Short Title, etc

(1)

The Short Title of this Act is the Judicature Act 1908.

(2)

This Act is a consolidation of the enactments mentioned in Schedule 1.

(3)

Without affecting the specific saving provisions of this Act, it is hereby declared as follows:

(a)

all Proclamations, Orders in Council, districts, offices, appointments, commissions, patents, scales of fees, rules, regulations, orders, registers, records, instruments, and generally all acts of authority which originated under any of the enactments mentioned in Schedule 1 or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated:

(b)

all actions, matters, and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.

(4)

This Act is divided into Parts, as follows:

Part 1—The High Court. (Sections 3 to 56.)

Part 1A—Special provisions applying to certain proceedings in the High Court and the Federal Court of Australia. (Sections 56D to 56S.)

Part 2—The Court of Appeal. (Sections 57 to 75.)

Part 3—Rules and provisions of law in judicial matters generally. (Sections 76 to 101.)

Section 1(4): amended, on 1 July 1990, pursuant to section 3 of the Judicature Amendment Act 1990 (1990 No 44).

Section 1(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

2 Interpretation

In this Act, unless the context otherwise requires,—

Associate Judge means an Associate Judge of the High Court

Chief High Court Judge

(a)

means the person holding that office under section 4A; and

(b)

includes a Judge of the High Court acting in place of the Chief High Court Judge under section 4A(5)

civil proceedings means any proceedings in the court, other than criminal proceedings

court means the High Court of New Zealand

Court of Appeal Rules means rules which are made under section 51C and which regulate the practice and procedure of the Court of Appeal (including the practice and procedure on civil appeals from any court or person to the Court of Appeal); and includes the Court of Appeal (Civil) Rules 2005

defendant means a person served or intended to be served with any application to the court for the exercise of its civil or criminal jurisdiction

existing means existing on the coming into operation of this Act

High Court Rules means the rules from time to time set out in Schedule 2

inferior court means any court of judicature within New Zealand of inferior jurisdiction to the High Court

interlocutory application

(a)

means any application to the court in any civil proceedings or criminal proceedings or intended civil proceedings or intended criminal proceedings for an order or a direction relating to a matter of procedure or, in the case of civil proceedings, for some relief ancillary to that claimed in a pleading; and

(b)

includes an application for a new trial; and

(c)

includes an application to review an order made, or a direction given, on any application to which paragraph (a) or paragraph (b) applies

Judge means a Judge of the High Court

judgment includes decree

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

plaintiff means a person who makes an application (other than an interlocutory application) to the court for the exercise of its civil or criminal jurisdiction

Supreme Court means the Supreme Court of New Zealand established by section 6 of the Supreme Court Act 2003.

Section 2: replaced, on 1 January 1986, by section 2(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 2 Associate Judge: inserted, on 20 May 2004, pursuant to section 6(3) of the Judicature Amendment Act 2004 (2004 No 45).

Section 2 Chief High Court Judge: inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 2 Court of Appeal Rules: amended, on 1 May 2005, pursuant to rule 55 of the Court of Appeal (Civil) Rules 2005 (SR 2005/69).

Section 2 Master: repealed, on 20 May 2004, pursuant to section 6(3) of the Judicature Amendment Act 2004 (2004 No 45).

Section 2 medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2 Supreme Court: inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Part 1 The High Court

Part 1 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Constitution of the court

3 Supreme Court reconstituted as High Court

(1)

There shall continue to be in and for New Zealand a court of record, for the administration of justice throughout New Zealand, henceforth to be called the High Court of New Zealand.

(2)

The High Court is hereby declared to be the same court as that established by this Act, and called, before the commencement of section 2 of the Judicature Amendment Act 1979, the Supreme Court.

Section 3: replaced, on 1 April 1980, by section 2 of the Judicature Amendment Act 1979 (1979 No 124).

4 The Judges of the High Court

(1)

The High Court consists of—

(a)

a Judge called the Chief Justice of New Zealand; and

(b)

the other Judges, up to a maximum of 55, who are from time to time appointed.

(1A)

For the purposes of subsection (1)(b),—

(a)

a Judge who is acting on a full-time basis counts as 1:

(b)

a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:

(c)

the aggregate number (for example, 54.5) must not exceed the maximum number of Judges that is for the time being permitted.

(1B)

Subsection (1) is subject to subsections (1C) and (1D) and the other provisions of this Act.

(1C)

An additional Judge or additional Judges may be appointed whenever the Governor-General thinks it necessary because of the absence or anticipated absence of any of the Judges on leave preliminary to retirement.

(1D)

Every appointment made under subsection (1C) must be a permanent appointment from the time when it is made, and must fill the vacancy next occurring in the office of Judge, not being a vacancy filled by an earlier appointment under subsection (1C).

(2)

The Judges of the High Court shall be appointed by the Governor-General in the name and on behalf of Her Majesty.

(2A)

A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.

(3)

As between the Judges of the High Court who are not Judges of the Supreme Court or Court of Appeal,—

(a)

the Chief High Court Judge has seniority over the other Judges:

(b)

the other Judges have seniority among themselves according to the dates of their appointments as Judges of the High Court:

(c)

2 or more of the other Judges appointed as Judges of the High Court on the same date,—

(i)

have seniority according to the precedence assigned to them by the Governor-General on appointment; or

(ii)

if no precedence is assigned to them, according to the order in which they take the Judicial Oath.

(3A)

Permanent Judges have seniority over temporary Judges.

(3B)

Subsection (3A) overrides subsection (3).

(4)

The jurisdiction of the High Court shall not be affected by any vacancy in the number of the Judges of that court.

Section 4: replaced, on 26 September 1957, by section 4(1) of the Judicature Amendment Act 1957 (1957 No 9).

Section 4 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 4(1): replaced, on 20 May 2004, by section 3(1) of the Judicature Amendment Act 2004 (2004 No 45).

Section 4(1A): inserted, on 20 May 2004, by section 3(1) of the Judicature Amendment Act 2004 (2004 No 45).

Section 4(1B): inserted, on 20 May 2004, by section 3(1) of the Judicature Amendment Act 2004 (2004 No 45).

Section 4(1C): inserted, on 20 May 2004, by section 3(1) of the Judicature Amendment Act 2004 (2004 No 45).

Section 4(1D): inserted, on 20 May 2004, by section 3(1) of the Judicature Amendment Act 2004 (2004 No 45).

Section 4(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 4(2A): inserted, on 20 May 2004, by section 3(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 4(3): replaced, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 4(3A): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 4(3B): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 4(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

4A Chief High Court Judge

(1)

The Governor-General must by warrant appoint a Judge of the High Court who is not a Judge of the Supreme Court or the Court of Appeal to be the Chief High Court Judge.

(2)

The Chief High Court Judge holds that office until the earliest of the following:

(a)

ceasing to hold office as a Judge of the High Court:

(b)

being appointed a Judge of the Supreme Court or the Court of Appeal:

(c)

resigning the office of Chief High Court Judge without resigning office as a Judge of the High Court.

(3)

The Chief High Court Judge cannot resign the office of Chief High Court Judge without resigning office as a Judge of the High Court, except with the prior approval of the Governor-General.

(4)

The Judge of the High Court who is next senior after the Chief High Court Judge may act in place of the Chief High Court Judge if,—

(a)

because of illness or absence from New Zealand, or for any other reason, the Chief High Court Judge is unable to exercise the duties of that office; or

(b)

the office of Chief High Court Judge is vacant.

(5)

While acting in place of the Chief High Court Judge, the next senior Judge—

(a)

may perform the functions and duties of the Chief High Court Judge; and

(b)

may for that purpose exercise all the powers of the Chief High Court Judge.

(6)

The fact that the next senior Judge exercises any of the powers of the Chief High Court Judge is conclusive proof of his or her authority to do so.

Section 4A: inserted, on 1 January 2004, by section 43 of the Supreme Court Act 2003 (2003 No 53).

4B Functions of Chief High Court Judge

(1)

The Chief High Court Judge is responsible to the Chief Justice for ensuring the orderly and prompt conduct of the High Court’s business.

(2)

The Chief High Court Judge may make all the arrangements that are necessary for the sittings of the court and the conduct of its business.

Section 4B: inserted, on 1 January 2004, by section 43 of the Supreme Court Act 2003 (2003 No 53).

Section 4B(2): inserted, on 1 February 2009, by section 5 of the Judicature (High Court Rules) Amendment Act 2008 (2008 No 90).

4C Judges of High Court act on full-time basis but may be authorised to act part-time

(1)

A person acts as a Judge of the High Court on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.

(2)

The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 4 or section 4A to act on a part-time basis for any specified period.

(3)

To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be made more than once in respect of the same Judge.

(4)

The Attorney-General may authorise a Judge to act on a part-time basis only—

(a)

on the request of the Judge; and

(b)

with the concurrence of the Chief High Court Judge.

(5)

In considering whether to concur under subsection (4), the Chief High Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.

(6)

A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.

(7)

The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

(8)

An authorisation may not be granted under subsection (2) for any person appointed as a Judge of the Court of Appeal or Supreme Court.

Section 4C: inserted, on 20 May 2004, by section 4 of the Judicature Amendment Act 2004 (2004 No 45).

5 Senior Judge to act as Chief Justice in certain circumstances
[Repealed]

Section 5: repealed, on 1 January 2004, by section 48(2) of the Supreme Court Act 2003 (2003 No 53).

6 Judges to be barristers or solicitors

No person shall be appointed a Judge unless he has held a practising certificate as a barrister or solicitor for at least 7 years.

Section 6: replaced, on 13 December 1979, by section 4 of the Judicature Amendment Act 1979 (1979 No 124).

7 Commissions of Judges to continue during good behaviour
[Repealed]

Section 7: repealed, on 1 January 1987, by section 27 of the Constitution Act 1986 (1986 No 114).

8 Judges may be removed or suspended on address of both Houses of Assembly to the Queen
[Repealed]

Section 8: repealed, on 1 January 1987, by section 27 of the Constitution Act 1986 (1986 No 114).

9 Governor may suspend Judge when Parliament not sitting
[Repealed]

Section 9: repealed, on 1 January 1987, by section 27 of the Constitution Act 1986 (1986 No 114).

9A Salaries and allowances of Judges

(1)

There shall be paid to the Chief Justice, to the other Judges of the Supreme Court, to the President of the Court of Appeal, to the other Judges of the Court of Appeal, and to the other Judges, out of public money, without further appropriation than this section,—

(a)

salaries at such rates as the Remuneration Authority from time to time determines; and

(b)

such allowances as are from time to time determined by the Remuneration Authority; and

(ba)

a higher duties allowance payable and calculated in accordance with subsection (1A); and

(c)

such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.

(1A)

The higher duties allowance under subsection (1)(ba) is—

(a)

payable only to a Judge who—

(i)

is or was not a Judge of the Court of Appeal holding office under section 57(2) (in this subsection called a permanent Judge); but

(ii)

is or was under sections 58A to 58C or section 58F serving as a member of a criminal or civil division, or as a member of the full court, of the Court of Appeal; and

(b)

payable only in respect of periods of the Judge’s service as a member of the division or full court; and

(c)

calculated at a rate expressed per day of service as a member of the division or full court in accordance with the following formula:

(a − b) × c/d

where—

a

is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a permanent Judge

b

is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a Judge who is not a permanent Judge

c

is 0.0383561 (the standard payroll factor, which represents the proportion of an annual salary that is paid per fortnight)

d

is 10 (the number of working days per fortnight).

(2)

Subject to the Remuneration Authority Act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.

(3)

Every such determination, and every provision of any such determination, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination.

(4)

The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position.

(5)

For the purpose of section 24 of the Constitution Act 1986, neither the cessation of the payment of a higher duties allowance payable and calculated under subsections (1)(ba) and (1A), nor the payment of salary and allowances on a pro rata basis under subsection (4), is a reduction of salary.

Section 9A: inserted, on 1 April 1985, by section 2 of the Judicature Amendment Act (No 3) 1985 (1985 No 136).

Section 9A(1): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 9A(1): amended, on 1 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).

Section 9A(1)(a): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 9A(1)(b): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 9A(1)(ba): inserted, on 23 March 2010, by section 4(1) of the Judicature (Judicial Matters) Amendment Act 2010 (2010 No 7).

Section 9A(1A): inserted, on 23 March 2010, by section 4(2) of the Judicature (Judicial Matters) Amendment Act 2010 (2010 No 7).

Section 9A(4): inserted, on 20 May 2004, by section 5 of the Judicature Amendment Act 2004 (2004 No 45).

Section 9A(5): inserted, on 20 May 2004, by section 5 of the Judicature Amendment Act 2004 (2004 No 45).

Section 9A(5): amended, on 23 March 2010, by section 4(3) of the Judicature (Judicial Matters) Amendment Act 2010 (2010 No 7).

10 Salaries of Judges not to be diminished
[Repealed]

Section 10: repealed, on 1 January 1987, by section 27 of the Constitution Act 1986 (1986 No 114).

11 Temporary Judges

(1)

Subject to section 11B, at any time during the illness or absence of any Judge, or for any other temporary purpose, the Governor-General may, in the name and on behalf of Her Majesty, appoint any person (including a former Judge) to be a Judge for such term, not exceeding 12 months, as the Governor-General may specify.

(2)

Any person appointed a Judge under this section may be reappointed, but no Judge shall hold office under this section for more than 2 years in the aggregate.

(3)

Every person appointed a Judge under this section shall, during the term of his appointment, be paid the salary and allowances payable by law to a Judge other than the Chief Justice, the other Judges of the Supreme Court, the President of the Court of Appeal, the other Judges of the Court of Appeal, or the Chief High Court Judge.

Section 11: replaced, on 14 October 1981, by section 2(1) of the Judicature Amendment Act 1981 (1981 No 40).

Section 11(3): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

11A Former Judges

(1)

Subject to section 11B, the Governor-General may, in the name and on behalf of Her Majesty, appoint any former Judge to be an acting Judge for such term not exceeding 2 years or, if the former Judge has attained the age of 72 years, not exceeding 1 year, as the Governor-General may specify.

(2)

During the term of his appointment, the former Judge may act as a Judge during such period or periods only and in such place or places only as the Chief High Court Judge may determine.

(3)

Every former Judge appointed under this section shall, during each period when he acts as a Judge, but not otherwise, be paid a salary at the rate for the time being payable by law to a Judge other than the Chief Justice or the President of the Court of Appeal or a Judge of the Court of Appeal, and must also be paid the higher duties allowance payable and calculated under section 9A(1)(ba) and (1A) and such travelling allowances or other incidental or minor allowances as may be fixed from time to time by the Governor-General.

(4)

Every former Judge appointed under this section shall, during each period when he acts as a Judge, have all the jurisdiction, powers, protections, privileges, and immunities of a Judge.

Section 11A: inserted, on 14 October 1981, by section 2(1) of the Judicature Amendment Act 1981 (1981 No 40).

Section 11A(2): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 11A(3): amended, on 23 March 2010, by section 4(4) of the Judicature (Judicial Matters) Amendment Act 2010 (2010 No 7).

Section 11A(3): amended, on 1 April 1985, by section 3 of the Judicature Amendment Act (No 3) 1985 (1985 No 136).

11B Certificate by Chief Justice and Chief High Court Judge

No appointment may be made under section 11 or section 11A except on a certificate signed by the Chief Justice and the Chief High Court Judge to the effect that, in their opinion, it is necessary for the due conduct of the court’s business that 1 or more temporary Judges, or (as the case may require) 1 or more acting Judges, be appointed.

Section 11B: replaced, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

12 Superannuation allowance of Judges
[Repealed]

Section 12: repealed, on 28 October 1955, by section 18(1) of the Superannuation Amendment Act 1955 (1955 No 107).

13 Age of retirement

Every Judge, other than a former Judge appointed under section 11 or section 11A or a person who is deemed by section 58(10) to be a Judge, shall retire from office on attaining the age of 70 years.

Section 13: replaced, on 14 October 1981, by section 3(1) of the Judicature Amendment Act 1981 (1981 No 40).

Section 13: amended, on 6 March 2007, by section 4 of the Judicature Amendment Act 2007 (2007 No 3).

14 Rights on retirement before attaining retiring age

If the Chief Justice or the President of the Court of Appeal resigns from office before attaining the age of 70 years and is, at the time of his or her resignation and but for the fact of his or her resignation, entitled to a period of leave of absence, he or she shall continue to receive the salary, privileges, and allowances of his or her former office until the expiration of that period or until he or she attains the age of 70 years or until he or she dies, whichever is the sooner, and his or her rights and obligations under the Government Superannuation Fund Act 1956 and all the rights which his or her surviving wife, husband, civil union partner, or de facto partner may have under that Act shall be the same as they would have been if he or she had been in office while his or her salary, privileges, and allowances so continued.

Section 14: replaced, on 25 October 1963, by section 3 of the Judicature Amendment Act 1963 (1963 No 133).

Section 14: amended, on 6 March 2007, by section 5 of the Judicature Amendment Act 2007 (2007 No 3).

Section 14: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 14: amended, on 1 November 1976, pursuant to section 3(3) of the Government Superannuation Fund Amendment Act 1976 (1976 No 30).

15 How superannuation allowances of the existing Judges to be computed
[Repealed]

Section 15: repealed, on 28 October 1955, by section 18(1) of the Superannuation Amendment Act 1955 (1955 No 107).

Jurisdiction of the court

16 General jurisdiction

The court shall continue to have all the jurisdiction which it had on the coming into operation of this Act and all judicial jurisdiction which may be necessary to administer the laws of New Zealand.

Compare: 1882 No 29 s 16

16A Power to award damages as well as, or in substitution for, injunction or specific performance

Where the court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.

Compare: Chancery Amendment Act 1858, 21 and 22 Vict, c 27 (UK); Supreme Court Act 1981 s 50 (UK)

Section 16A: inserted, on 1 January 1989, by section 2 of the Judicature Amendment Act 1988 (1988 No 117).

17 Jurisdiction as to mentally disordered persons, etc

The court shall also have within New Zealand all the jurisdiction and control over the persons and estates of mentally disordered persons, and persons of unsound mind, and over the managers of such persons and estates respectively, as the Lord Chancellor of England, or any Judge or Judges of Her Majesty’s High Court of Justice or of Her Majesty’s Court of Appeal, so far as the same may be applicable to the circumstances of New Zealand, has or have in England under the Sign-manual of Her Majesty or otherwise.

Compare: 1882 No 29 s 17

Section 17 heading: amended, on 1 April 1970, pursuant to section 129(4) of the Mental Health Act 1969 (1969 No 16).

Section 17 heading: amended, on 1 January 1970, by section 36(1)(a) of the Guardianship Act 1968 (1968 No 63).

Section 17: amended, on 1 January 1987, pursuant to section 5(2) of the Constitution Act 1986 (1986 No 114).

Section 17: amended, on 1 April 1970, pursuant to section 129(4) of the Mental Health Act 1969 (1969 No 16).

Section 17: amended, on 1 April 1970, pursuant to section 129(7) of the Mental Health Act 1969 (1969 No 16).

Section 17: amended, on 1 January 1970, by section 36(1)(a) of the Guardianship Act 1968 (1968 No 63).

Section 17: amended, on 1 January 1970, by section 36(1)(b) of the Guardianship Act 1968 (1968 No 63).

17A Jurisdiction as to liquidation of associations

(1)

In this section, association includes any partnership, company, or other body corporate, or unincorporated body of persons other than—

(a)

a company or an overseas company, as defined in section 2 of the Companies Act 1993; or

(b)
[Repealed]

(c)

a body corporate that may be put into liquidation in accordance with the provisions of any Act under which it is constituted.

(2)

The court has jurisdiction to appoint a named person or an Official Assignee for a named district as the liquidator of an association.

(3)

An application for the appointment of a liquidator may be made by the association or a director or member or creditor or the Registrar of Companies.

(4)

The court may appoint a liquidator if it is satisfied that—

(a)

the association is dissolved or has ceased to carry on business or is carrying on business solely for the purpose of terminating its affairs; or

(b)

the association is unable to pay its debts; or

(c)

it is just and equitable that the association be put into liquidation.

Section 17A: inserted, on 1 July 1994, by section 2 of the Judicature Amendment Act 1993 (1993 No 117).

Section 17A(1)(b): repealed, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

17B Application of Companies Act 1993

Part 16 of the Companies Act 1993 (except sections 241(1) to (4) and 268) shall apply, with such modifications as may be necessary, in relation to the liquidation of an association and as if references to—

(a)

a company registered under that Act included a reference to an association:

(b)

a director included references to any person occupying the position of director by whatever name called:

(c)

shareholders or persons entitled to surplus assets under the constitution of a company and the Companies Act 1993 were references to such persons as the court may determine to be justly entitled to any surplus assets after the satisfaction of the claims of all the creditors.

Section 17B: inserted, on 1 July 1994, by section 2 of the Judicature Amendment Act 1993 (1993 No 117).

17C Meaning of inability to pay debts

For the purposes of section 17A, an association is unable to pay its debts

(a)

if—

(i)

a creditor who is owed an amount exceeding $100 by the association has served on the association a demand for payment of that amount by leaving it at the principal office of the association in New Zealand, or delivering it to the secretary or a director or manager or principal officer of the association; and

(ii)

the association has for 3 weeks after the demand was served on it failed to pay the amount due or secure the payment of it or compound for it to the satisfaction of the creditor; or

(b)

if—

(i)

an action or proceeding has been commenced against a member of the association for the payment of an amount owing by the association or that member in his or her capacity as a member; and

(ii)

notice in writing of the action or proceeding has been served on the association by leaving it at its principal place of business in New Zealand or by delivering it to the secretary or a director, or principal officer of the association or serving it on the association in such manner as the court may approve or direct; and

(iii)

the association has not, within 10 days after the notice was served on it, paid or secured the debt, or compounded for it or had the action or proceeding stayed or indemnified the member for the amount of any judgment that may be entered against him or her and any costs, damages, and expenses that may be incurred by him or her in the action or proceeding; or

(c)

if execution or other process issued on a judgment, decree, or order obtained in a court in favour of a creditor against the association, or a member of the association in his or her capacity as a member, or a person authorised to be sued on behalf of the association, is returned unsatisfied; or

(d)

if it is proved to the satisfaction of the High Court that the association is unable to pay its debts, and in determining whether an association is unable to pay its debts, the court shall take into account the contingent and prospective liabilities of the association.

Section 17C: inserted, on 1 July 1994, by section 2 of the Judicature Amendment Act 1993 (1993 No 117).

17D Power of liquidator to enforce liabilities

The liquidator may, by notice in writing, require any person who is liable to pay or contribute to the payment of—

(a)

any debt or liability of the association; or

(b)

any sum for the adjustment of the rights of the members among themselves; or

(c)

the costs and expenses of the liquidation—

to pay or contribute accordingly and every such person is liable to pay or contribute the amount due in respect of that liability.

Section 17D: inserted, on 1 July 1994, by section 2 of the Judicature Amendment Act 1993 (1993 No 117).

17E Actions stayed on liquidation

Where the court appoints a liquidator of an association, no action or proceeding shall be commenced or continued against any person referred to in section 17D in respect of any debt of the association, except with the leave of the court, and subject to such terms as the court may impose.

Section 17E: inserted, on 1 July 1994, by section 2 of the Judicature Amendment Act 1993 (1993 No 117).

18 No jurisdiction in cases of felonies or misdemeanours committed prior to 14 January 1840

The court shall not have jurisdiction to try any felony or misdemeanour committed before 14 January 1840.

Compare: 1882 No 29 s 18

19 Powers of the court may be exercised by 1 or more Judges

(1)

Each Judge or any 2 or more Judges may in any part of New Zealand exercise all the powers of the court, except such powers as may by any statute be required to be exercised by the full court or by any specified number of Judges.

(2)

Subsection (1) shall be read subject to the provisions of any enactment that provides for the appointment of persons other than Judges to sit with the court or as members of the court in respect of any specified proceedings or class of proceedings.

Compare: 1882 No 29 s 19

Section 19(2): inserted, on 15 August 1991, by section 2 of the Judicature Amendment Act 1991 (1991 No 60).

19A Certain civil proceedings may be tried by jury

(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), 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, 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.

Section 19A: inserted, on 7 October 1977, by section 9(1) of the Judicature Amendment Act 1977 (1977 No 32).

Section 19A heading: amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 19A(1): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 19A(2): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 19A(2): amended, on 1 April 1980, by section 6 of the Judicature Amendment Act 1979 (1979 No 124).

Section 19A(3): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 19A(3): amended, on 1 April 1980, by section 6 of the Judicature Amendment Act 1979 (1979 No 124).

Section 19A(4): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 19A(5): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 19A(6): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

19B All other civil proceedings to be tried before Judge alone, unless court otherwise orders

(1)

Except as provided in section 19A of this Act, civil proceedings shall be tried before a Judge alone.

(2)

Notwithstanding subsection (1), if it appears to the court at the trial, or to a Judge before the trial, that the civil proceedings or any issue therein can be tried more conveniently before a Judge with a jury the court or Judge may order that the civil proceedings or issue be so tried.

Section 19B: inserted, on 7 October 1977, by section 9(1) of the Judicature Amendment Act 1977 (1977 No 32).

Section 19B heading: amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 19B(1): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 19B(2): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

19C Questions of foreign law to be decided by Judge

(1)

Where, for the purpose of disposing of any civil proceedings or any criminal proceedings which are being tried by a Judge of the High Court with a jury, it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the Judge alone.

(2)

This section has effect notwithstanding anything in section 19A or section 19B.

Section 19C: inserted, on 1 January 1986, by section 3 of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

20 Governor in Council may divide New Zealand into districts
[Repealed]

Section 20: repealed, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

21 Actions and proceedings to be taken in the district prescribed by the Code of Civil Procedure
[Repealed]

Section 21: repealed, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

22 How applications to be made when Judge absent or unable to act
[Repealed]

Section 22: repealed, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

23 Governor-General may appoint special sittings

The Governor-General in Council may from time to time appoint special sittings of the court for the despatch of civil and criminal business, to be held at such time and place or places, and before such Judge or Judges, as he thinks fit.

Compare: 1882 No 29 s 24

23A Offices of the High Court

(1)

The Governor-General may from time to time, by notice in the Gazette, declare an office or offices of the court to be established at such place or places as may be specified in the notice, as from such date, in the case of each office, as may be so specified.

(1A)

[Repealed]

(2)

[Repealed]

(3)

Where any office of the court is abolished, the Minister of the Crown who is responsible for the Ministry of Justice may direct that all documents, books, and records in that office shall be delivered to some other office of the court (in this section referred to as the substituted office). From the time of their delivery to the Registrar of the substituted office, those documents, books, and records shall be deemed to be in the lawful custody of that Registrar.

(4)

Where any office of the court is abolished, the following provisions shall apply:

(a)

any act or thing that could have been done under any enactment or rule by the Registrar of that office may be done by the Registrar of the substituted office:

(b)

any step in any proceedings that would, but for the abolition of that office, have been taken there under any enactment or rule may be taken at the substituted office:

(c)

any act or thing required or authorised by any enactment or rule to be done by any person at that office, whether in respect of any proceedings or in respect of any transaction recorded or document filed there, may be done at the substituted office:

(d)

any address for service, being an address conforming to the requirements of the rules of court, that has been given by any party to any proceedings in respect of which the records are delivered to the substituted office shall continue to be the address for service of that party for the purposes of those proceedings, notwithstanding that because of its distance from the substituted office it may cease to conform to those requirements:

provided that where, because of its distance from the substituted office, the address does not conform to the requirements of the rules, the party shall give a new address for service conforming to those requirements when he first files in the substituted office any document in the proceedings:

(e)

if in respect of any proceedings, or of any transaction, document, record, or other matter, any question arises as to the application of any provision of this section or as to the proper procedure to be followed, the court or a Judge may determine the question and make such order thereon as the court or Judge thinks fit.

Section 23A: inserted, on 16 October 1952, by section 2(1) of the Judicature Amendment Act 1952 (1952 No 24).

Section 23A heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 23A(1): amended, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

Section 23A(1A): repealed, on 1 May 2002, by section 192(1) of the Personal Property Securities Act 1999 (1999 No 126).

Section 23A(2): repealed, on 1 May 2002, by section 192(1) of the Personal Property Securities Act 1999 (1999 No 126).

Section 23A(3): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 23A(3): amended, on 1 July 1995, by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 23A(3): amended, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

24 Registrar may act for Judge in certain cases
[Repealed]

Section 24: repealed, on 27 November 1947, by section 28(7) of the Statutes Amendment Act 1947 (1947 No 60).

Commercial list

Heading: inserted, on 6 November 1986, by section 4 of the Judicature Amendment Act 1986 (1986 No 93).

24A Establishment of commercial list

(1)

The Governor-General may from time to time by notice in the Gazette declare a commercial list to be established at any office of the High Court as from a date to be specified in the notice.

(2)

The first commercial list shall be established at the office of the High Court at Auckland for a period to be specified in the notice (which period shall not be less than 4 years).

(3)

The Governor-General may, on or before the expiration of the period specified under subsection (2), either—

(a)

extend that period by notice in the Gazette; or

(b)

declare by notice in the Gazette that the commercial list at the office of the High Court at Auckland shall continue indefinitely.

(4)

Where the Governor-General exercises the power given by subsection (3)(a), the Governor-General may, on or before the expiration of the extended period, declare by notice in the Gazette that the commercial list established at the office of the High Court at Auckland shall continue indefinitely.

(5)

Where the commercial list established at the office of the High Court at Auckland ceases to be established upon the expiration of the period specified under subsection (2) or the extended period specified under subsection (3)(a), the commercial list shall be deemed to continue for the purpose of completing any proceeding entered on the commercial list at the expiration of that period.

Section 24A: inserted, on 6 November 1986, by section 4 of the Judicature Amendment Act 1986 (1986 No 93).

24B Proceedings eligible for commercial list

(1)

The classes of proceedings eligible for entry on a commercial list are as follows:

(a)

any proceedings arising out of or otherwise relating to:

(i)

the ordinary transactions of persons engaged in commerce or trade or of shippers:

(ii)

the carriage of goods for the purpose of trade or commerce:

(iii)

the construction of commercial, shipping, or transport documents:

(iv)

the export or import of merchandise:

(v)

insurance, banking, finance, guarantee, commercial agency, or commercial usages:

(vi)

disputes arising out of intellectual property rights between parties engaged in commerce:

(b)

applications to the court under the Arbitration Act 1996:

(c)

appeals against determinations of the Commerce Commission:

(d)

proceedings under any of the provisions of sections 80, 81, 82, and 89 of the Commerce Act 1986:

(e)

cases stated by the Financial Markets Authority, and civil proceedings under the Financial Markets Conduct Act 2013:

(f)

the following proceedings in relation to companies registered under the Companies Act 1993:

(i)

applications for directions by liquidators and receivers:

(ii)

defended applications under section 174 of the Companies Act 1993:

(iii)

disputes relating to takeovers:

(iv)

disputes between shareholders or classes of shareholders of companies (other than companies having not more than 25 shareholders):

(g)

proceedings of a commercial nature required or permitted to be entered on a commercial list by or under any Act or by or under the High Court Rules or any rules made under section 51C of this Act.

(2)

Where any appeal belonging to the class of appeals described in subsection (1)(c) is entered on a commercial list,—

(a)

that appeal shall, notwithstanding section 75(2) of the Commerce Act 1986, be heard and determined by the court; and

(b)

any lay member appointed pursuant to section 77 of the Commerce Act 1986 shall, for the purpose of the hearing and determination of that appeal by the court, be deemed to be a lay member of the court; and

(c)

section 77 and sections 91 to 97 of the Commerce Act 1986 shall, subject to section 24E, apply with all necessary modifications to that appeal.

(3)

Rules made under section 51C shall make provision for—

(a)

the manner in which proceedings eligible for entry on a commercial list are to be entered on a commercial list:

(b)

orders for the removal of proceedings entered on a commercial list:

(c)

the procedure governing the determination of proceedings entered on a commercial list.

Section 24B: inserted, on 6 November 1986, by section 4 of the Judicature Amendment Act 1986 (1986 No 93).

Section 24B(1)(b): amended, on 1 July 1997, pursuant to section 20 of the Arbitration Act 1996 (1996 No 99).

Section 24B(1)(e): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 24B(1)(e): amended, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).

Section 24B(1)(f): replaced, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 24B(2): replaced, on 10 July 1987, by section 2 of the Judicature Amendment Act (No 2) 1987 (1987 No 147).

24C Commercial list Judges

(1)

A commercial list established under section 24A is supervised by a Judge nominated from time to time by the Chief Justice after consulting the Chief High Court Judge.

(1A)

The Chief High Court Judge can be nominated under subsection (1).

(2)

After consulting the Chief High Court Judge, the Chief Justice may nominate 1 or more Judges to help the Judge nominated under subsection (1) and to supervise the list when that Judge is absent from duty.

(3)

Every interlocutory application in any proceeding entered on a commercial list shall be determined by a Judge nominated under subsection (1) or subsection (2).

(4)

Where—

(a)

any dispute has arisen concerning the construction, status, or application of a contract or document; and

(b)

the dispute could be determined in a proceeding eligible for entry on a commercial list; and

(c)

no proceeding has been commenced in respect of the dispute,—

any party to the dispute may apply to a Judge nominated under subsection (1) or subsection (2) for the determination of the questions involved in the dispute.

Section 24C: inserted, on 6 November 1986, by section 4 of the Judicature Amendment Act 1986 (1986 No 93).

Section 24C(1): replaced, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 24C(1A): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 24C(2): replaced, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

24D Directions for speedy determination of real questions in proceedings on commercial list

The court may from time to time give such directions as the court thinks fit (whether or not inconsistent with the High Court Rules or any rules made under section 51C) for the speedy and inexpensive determination of the real questions between the parties to proceedings entered on a commercial list.

Section 24D: inserted, on 6 November 1986, by section 4 of the Judicature Amendment Act 1986 (1986 No 93).

24E Agreement not to appeal

The parties to any proceedings entered on a commercial list may agree that the decision of the court shall be final.

Section 24E: inserted, on 6 November 1986, by section 4 of the Judicature Amendment Act 1986 (1986 No 93).

24F Proceedings not to be tried by jury

Notwithstanding anything in section 19A, no proceeding entered on a commercial list shall be tried before a jury.

Section 24F: inserted, on 6 November 1986, by section 4 of the Judicature Amendment Act 1986 (1986 No 93).

24G Restriction of right of appeal from interlocutory decisions

(1)

No appeal shall lie from an interlocutory decision of the High Court in respect of any proceeding entered on a commercial list unless leave to appeal to the Court of Appeal is given by the High Court on application made within 7 days of the decision being given or within such further time as the High Court may allow.

(2)

If the High Court refuses leave to appeal from any such interlocutory decision, the Court of Appeal may grant that leave on application made to the Court of Appeal within 21 days of the refusal of leave by the High Court.

Section 24G: inserted, on 6 November 1986, by section 4 of the Judicature Amendment Act 1986 (1986 No 93).

Administrative Division of the court[Repealed]

Heading: repealed, on 15 August 1991, pursuant to section 3(2) of the Judicature Amendment Act 1991 (1991 No 60).

25 Administrative Division of the High Court
[Repealed]

Section 25: repealed, on 15 August 1991, by section 3(2) of the Judicature Amendment Act 1991 (1991 No 60).

26 Jurisdiction of Administrative Division
[Repealed]

Section 26: repealed, on 15 August 1991, by section 3(2) of the Judicature Amendment Act 1991 (1991 No 60).

26A Lay members or assessors in certain cases
[Repealed]

Section 26A: repealed, on 15 August 1991, by section 3(2) of the Judicature Amendment Act 1991 (1991 No 60).

26B Rules relating to Administrative Division
[Repealed]

Section 26B: repealed, on 15 August 1991, by section 3(2) of the Judicature Amendment Act 1991 (1991 No 60).

Associate Judges of the High Court

Heading: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

26C Appointment of Associate Judges

(1)

The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Associate Judges of the High Court.

(2)

The maximum number of Associate Judges is 9.

(3)

For the purposes of subsection (2),—

(a)

an Associate Judge who is acting on a full-time basis counts as 1:

(b)

an Associate Judge who is acting on a part-time basis counts as an appropriate fraction of 1:

(c)

the aggregate number (for example, 5.5) must not exceed the maximum number of Associate Judges that is for the time being permitted.

(4)

A person must not be appointed as an Associate Judge unless he or she has held a practising certificate as a barrister or solicitor for at least 7 years.

(5)

An Associate Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.

(6)

An Associate Judge holds office until, in accordance with section 26E, he or she retires or resigns or is removed from office.

(7)

Subsection (6) applies to—

(a)

every Associate Judge appointed after the commencement of this section; and

(b)

every person deemed by section 6(1) of the Judicature Amendment Act 2004 to have been appointed as an Associate Judge at the commencement of this section (despite any provision to the contrary in any enactment or warrant of appointment).

Section 26C: replaced, on 20 May 2004, by section 7 of the Judicature Amendment Act 2004 (2004 No 45).

Section 26C(2): amended, on 23 March 2010, by section 6 of the Judicature (Judicial Matters) Amendment Act 2010 (2010 No 7).

26D Associate Judges act on full-time basis but may be authorised to act part-time

(1)

A person acts as an Associate Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.

(2)

The Attorney-General may, in accordance with subsection (4), authorise an Associate Judge appointed under section 26C to act on a part-time basis for a specified period.

(3)

To avoid doubt, an authorisation under subsection (2) may take effect as from an Associate Judge’s appointment or at any other time, and may be made more than once in respect of the same Associate Judge.

(4)

The Attorney-General may authorise an Associate Judge to act on a part-time basis only—

(a)

on the request of the Associate Judge; and

(b)

with the concurrence of the Chief High Court Judge.

(5)

In considering whether to concur under subsection (4), the Chief High Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.

(6)

An Associate Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.

(7)

The basis on which an Associate Judge acts must not be altered during the term of the Associate Judge’s appointment without the Associate Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

Section 26D: replaced, on 20 May 2004, by section 7 of the Judicature Amendment Act 2004 (2004 No 45).

26E Vacation of office

(1)

The Governor-General may, if the Governor-General thinks fit, remove an Associate Judge for inability or misbehaviour.

(2)

An Associate Judge may resign the office of Associate Judge by notice in writing addressed to the Attorney-General.

(3)

Subject to section 26H, every Associate Judge shall retire from office on attaining the age of 70 years.

Section 26E: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26E(1): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26E(2): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26E(2): amended, on 20 May 2004, by section 8 of the Judicature Amendment Act 2004 (2004 No 45).

Section 26E(3): amended, on 6 March 2007, by section 6 of the Judicature Amendment Act 2007 (2007 No 3).

Section 26E(3): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

26F Salaries and allowances of Associate Judges

(1)

Subject to subsection (5), there shall be paid to every Associate Judge, out of public money, without further appropriation than this section,—

(a)

a salary at such rate as the Remuneration Authority from time to time determines; and

(b)

such allowances as are from time to time determined by the Remuneration Authority; and

(c)

such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.

(2)

Subject to subsection (5), the salary of an Associate Judge shall not be diminished during the continuance of the Associate Judge’s appointment.

(3)

Subject to the Remuneration Authority Act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.

(4)

Every such determination, and every provision of any such determination, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination.

(5)

The salary and allowances payable for a period during which an Associate Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position.

(6)

For the purpose of subsection (2), the payment of salary and allowances on a pro rata basis under subsection (5) is not a diminution of salary.

Section 26F: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26F heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26F(1): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26F(1): amended, on 1 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).

Section 26F(1)(a): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 26F(1)(b): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 26F(2): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26F(3): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 26F(5): replaced, on 20 May 2004, by section 9 of the Judicature Amendment Act 2004 (2004 No 45).

Section 26F(6): inserted, on 20 May 2004, by section 9 of the Judicature Amendment Act 2004 (2004 No 45).

26G Superannuation or retiring allowances of Associate Judges

For the purpose of providing a superannuation fund or retiring allowance for persons appointed as Associate Judges, sums by way of subsidy or contribution may from time to time be paid under Part 5B of the Government Superannuation Fund Act 1956 or to any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013) in accordance with a determination of the Remuneration Authority.

Section 26G: replaced, on 4 June 1998, by section 2 of the Judicature Amendment Act 1998 (1998 No 52).

Section 26G heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26G: amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 26G: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26G: amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

26H Temporary Associate Judges

(1)

The Governor-General may, subject to this section, appoint any person (including a former Associate Judge) to act as an Associate Judge for such period as is specified in the warrant of appointment.

(2)

The period so specified shall not exceed 12 months; but any person appointed under this section may from time to time be reappointed.

(3)

No person shall be appointed as an Associate Judge under this section unless that person is eligible for appointment as an Associate Judge pursuant to section 26C, save that, subject to subsection (4) of this section, a person otherwise qualified who has attained the age of 70 years (including an Associate Judge who has retired after attaining that age) may be appointed as an Associate Judge under this section.

(4)

No person shall be appointed or reappointed as an Associate Judge under this section who has attained the age of 72 years.

(5)

Subject to section 26F(5), every person appointed as an Associate Judge under this section shall, during the term of that Associate Judge’s appointment, be paid the salary and allowances payable by law to an Associate Judge.

(6)

No appointment may be made under this section otherwise than on a certificate signed by the Chief Justice to the effect that, in the opinion of the Chief Justice, it is necessary for the due conduct of the business of the court that a temporary Associate Judge be appointed.

(7)

The Chief Justice must not sign the certificate without first consulting the Chief High Court Judge.

Section 26H: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26H heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26H(1): replaced, on 15 August 1991, by section 5 of the Judicature Amendment Act 1991 (1991 No 60).

Section 26H(1): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26H(2): amended, on 20 May 2004, by section 10 of the Judicature Amendment Act 2004 (2004 No 45).

Section 26H(3): amended, on 6 March 2007, by section 7 of the Judicature Amendment Act 2007 (2007 No 3).

Section 26H(3): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26H(4): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26H(5): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26H(6): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26H(7): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

26I Associate Judge may exercise certain powers of the court

(1)

An Associate Judge shall have and may exercise all the jurisdiction and powers of the court in relation to the following matters:

(a)

any application for summary judgment:

(b)
[Repealed]

(c)

any proceedings under which relief is claimed solely under any of the provisions of sections 140, 143, 144, 145, 145A, and 148 of the Land Transfer Act 1952 (which provisions relate to caveats):

(d)

the assessment of damages where liability has been determined, or the trial of proceedings in which only the amount of the debt or damages is disputed:

(e)

the entry of any judgment by consent, or the making of any other order by consent:

(ea)

the making of any order (other than an arrest order or an order relating to an arrest order) that may be made under rules of court against a judgment debtor who has been ordered to attend court for examination:

(eb)

the making, variation, suspension, or discharge of attachment orders under rules of court:

(f)

any other matter in respect of which jurisdiction is conferred on an Associate Judge by or under any Act.

(2)

An Associate Judge shall have and may exercise all the jurisdiction and powers which are vested in the court or a Judge by the following enactments:

(a)

article 11 of Schedule 1 of the Arbitration Act 1996:

(b)
[Repealed]

(c)
[Repealed]

(d)
[Repealed]

(e)
(f)

rules 39, 41, 71, 87 to 89, 91, 94, 95, 96, 111, 125(3), 136, 137, 141 to 143, 190, and 191 of the Companies (Winding Up) Rules 1956, as continued in force by section 42(7) of the Companies Amendment Act 1993:

(g)

section 42(2) of the Corporations (Investigation and Management) Act 1989:

(h)

section 26, Part 10, section 119, and Part 15 of the Insolvency Act 1967:

(hb)

any regulations or rules made under the Insolvency Act 2006:

(i)

rules 41 and 43 of the Insolvency Rules 1970:

(j)

any regulations relating to liquidations made under the Companies Act 1993:

(k)

sections 118, 128, 131, 167, 168, 170, 179, 181, 182, and 186 of the Personal Property Securities Act 1999:

(l)

the Model Law on Cross-Border Insolvency as set out in Schedule 1 of the Insolvency (Cross-border) Act 2006.

(3)

An Associate Judge shall have and may exercise all the jurisdiction and powers of the court to deal with costs and other matters incidental to the matters over which an Associate Judge has jurisdiction pursuant to subsection (1) or subsection (2).

(4)

Rules made under section 51C or rules made under any other Act in the manner provided in that section may contain such provisions as may be necessary—

(a)

to enable the proper exercise by Associate Judges of the jurisdiction and powers conferred by this section; and

(b)

to regulate the practice and procedure of the court on appeals against the exercise by Associate Judges of the jurisdiction and powers so conferred.

(5)

[Repealed]

Section 26I: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26I heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26I(1): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26I(1)(b): repealed, on 25 February 2012, by section 4(a) of the Judicature Amendment Act 2012 (2012 No 11).

Section 26I(1)(c): amended, on 17 May 2005, by section 3 of the Judicature Amendment Act 2005 (2005 No 57).

Section 26I(1)(ea): inserted, on 1 February 2009, by section 6 of the Judicature (High Court Rules) Amendment Act 2008 (2008 No 90).

Section 26I(1)(eb): inserted, on 1 February 2009, by section 6 of the Judicature (High Court Rules) Amendment Act 2008 (2008 No 90).

Section 26I(1)(f): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26I(2): replaced, on 1 July 1994, by section 2 of the Judicature Amendment Act 1994 (1994 No 42).

Section 26I(2): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26I(2)(a): replaced, on 1 July 1997, by section 17 of the Arbitration Act 1996 (1996 No 99).

Section 26I(2)(b): repealed, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 26I(2)(c): repealed, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 26I(2)(d): repealed, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 26I(2)(e): replaced, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).

Section 26I(2)(e): amended, on 25 February 2012, by section 4(b) of the Judicature Amendment Act 2012 (2012 No 11).

Section 26I(2)(ha): inserted, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).

Section 26I(2)(hb): inserted, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).

Section 26I(2)(j): amended, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 26I(2)(k): inserted, on 15 December 2005, by section 3 of the Judicature Amendment Act (No 2) 2005 (2005 No 107).

Section 26I(2)(l): inserted, on 24 July 2008, by section 13 of the Insolvency (Cross-border) Act 2006 (2006 No 57).

Section 26I(3): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26I(4)(a): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26I(4)(b): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26I(5): repealed, on 4 June 1998, by section 3 of the Judicature Amendment Act 1998 (1998 No 52).

26IA Ancillary powers of Associate Judge

(1)

Subject to subsection (2), an Associate Judge shall have, in all proceedings (including proceedings on an interlocutory application) properly before the Associate Judge, jurisdiction to make any order or to exercise any authority or jurisdiction that might be made or exercised by a Judge of the High Court.

(2)

Nothing in subsection (1) confers on an Associate Judge any jurisdiction or power of a kind described in subsection (3) or subsection (4) of section 26J.

Section 26IA: inserted, on 1 July 1994, by section 3 of the Judicature Amendment Act 1994 (1994 No 42).

Section 26IA heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26IA(1): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26IA(2): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

26IB Judge or Associate Judge may, by video link, preside at hearing of specified matters

(1)

A Judge or Associate Judge may, by video link, preside at the hearing of any matter—

(a)

over which an Associate Judge has jurisdiction under section 26I; and

(b)

that is specified in rules made under section 51C for the purposes of this section.

(2)

A hearing conducted under the authority of subsection (1)—

(a)

has effect as if the Judge or Associate Judge were physically present:

(b)

does not affect the privileges and immunities of the Judge or Associate Judge or of any witnesses, counsel, or parties appearing at the hearing.

(3)

Rules made under section 51C may—

(a)

specify a class or classes of matters in respect of which hearings authorised by subsection (1) may be conducted:

(b)

regulate the manner in which hearings authorised by subsection (1) are conducted.

Section 26IB: inserted, on 1 September 2006, by section 7 of the Judicature Amendment Act 2006 (2006 No 16).

26J Power to make rules conferring specified jurisdiction and powers of Judge in chambers on Associate Judges

(1)

Notwithstanding anything contained in any other provision of this Act or of any other Act but subject to the provisions of this section, rules made under section 51C or rules made under any other Act in the manner provided in that section may confer on Associate Judges, subject to such limitations and restrictions as may be specified in the rules, such of the jurisdiction and powers of a Judge sitting in chambers, conferred by this Act or any other Act, as may be specified in the rules.

(2)

Any such rules may contain such other provisions as may be necessary—

(a)

to enable the proper exercise by Associate Judges of the jurisdiction and powers so conferred; and

(b)

to regulate the practice and procedure of the court on any application to the court under section 26P(1) to review the exercise by an Associate Judge of the jurisdiction and powers so conferred.

(3)

Nothing in subsection (1) or subsection (2) authorises the making of any rule which confers on Associate Judges any jurisdiction or power in respect of any of the following matters:

(a)

any criminal proceeding, other than an uncontested application for bail or an application for the setting aside of a witness summons:

(b)

any application for a writ of habeas corpus:

(c)

any proceedings for the issue or renewal of a writ of sequestration:

(d)

any proceedings under or by virtue of the Care of Children Act 2004:

(e)

any action in rem under or by virtue of the Admiralty Act 1973:

(f)

any application to review, or any appeal against, the exercise, or the refusal to exercise, by any Registrar or Deputy Registrar, of any jurisdiction or power conferred on any Registrar or Deputy Registrar by or under this Act or any other Act.

(4)

Nothing in subsection (1) or subsection (2) authorises the making of any rule which confers on Associate Judges any jurisdiction or power—

(a)

to grant an Anton Piller order, or an injunction (whether interlocutory or otherwise):

(b)

to grant any relief on an application for review under section 4(1) of the Judicature Amendment Act 1972:

(c)

to grant any relief in any proceedings for a writ or order of or in the nature of mandamus, prohibition, or certiorari, or for a declaration or injunction:

(d)

to grant any application to remove any person from public office:

(e)

to try the right of any person to hold any public office.

Section 26J: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26J heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26J(1): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26J(2)(a): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26J(2)(b): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26J(3): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26J(3)(a): amended, on 1 February 2001, by section 128 of the Legal Services Act 2000 (2000 No 42).

Section 26J(3)(d): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 26J(4): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

26K Power of Associate Judge to deal with witnesses and to punish for contempt

Sections 56A, 56B, and 56C shall apply in respect of any proceedings before an Associate Judge, and an Associate Judge shall have and may exercise all the jurisdiction and powers which, pursuant to those sections, are vested in the court or a Judge.

Section 26K: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26K heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26K: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

26L Associate Judge to have no power to make order for committal, attachment, or arrest

Except as provided by section 26K, an Associate Judge shall have no jurisdiction or power to make an order for the committal, attachment, or arrest of any person.

Section 26L: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26L heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26L: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

26M Associate Judge may act as referee

An Associate Judge may act as a referee under the High Court Rules in respect of any proceedings or any question arising in the course of any proceedings.

Section 26M: replaced, on 1 July 1997, by section 17 of the Arbitration Act 1996 (1996 No 99).

Section 26M heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26M: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

26N Transfer of proceedings from Associate Judge to Judge

(1)

In any proceedings before an Associate Judge, an Associate Judge may, on the application of any party to the proceedings, or of the Associate Judge’s own motion, refer the proceedings or any matter arising therein to a Judge if the Associate Judge is satisfied that because of the complexity of the proceedings or of that matter, or of any question in issue in the proceedings, it is expedient that the proceedings or that matter be referred to a Judge.

(2)

Where any proceedings are to be dealt with or are being dealt with by an Associate Judge, a Judge may, at any time before the conclusion of those proceedings, on application made on notice by any party to the proceedings, order that the proceedings or any part thereof be transferred to a Judge if that Judge is satisfied that it is desirable that the proceedings or that part thereof be dealt with by a Judge.

(3)

Upon the reference of any proceedings, or any matter arising therein, to a Judge under subsection (1), or the transfer of any proceedings or any part thereof to a Judge under subsection (2), the Judge may—

(a)

dispose of the proceedings; or

(b)

refer the proceedings or the matter back to the Associate Judge with such directions as the Judge thinks fit.

Section 26N: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26N heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26N(1): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26N(2): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26N(3)(b): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

26O Power of Associate Judge to adjourn proceedings

An Associate Judge shall have power to order the adjournment of any proceedings, notwithstanding that an Associate Judge would not otherwise have jurisdiction in respect of those proceedings.

Section 26O: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26O heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26O: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

26P Review of, or appeals against, decisions of Associate Judges

(1)

Any party to any proceedings who is affected by any order or decision made by an Associate Judge in chambers may apply to the court to review that order or decision and, where a party so applies in accordance with the High Court Rules, the court—

(a)

must review the order or decision in accordance with the High Court Rules; and

(b)

may make such order as may be just.

(1AA)

The determination of the High Court on a review under subsection (1) is final, unless the High Court gives leave (or the High Court refuses leave, but the Court of Appeal gives special leave) to appeal from it to the Court of Appeal.

(1A)

Rules under section 51C may—

(a)

specify the nature and extent of reviews or classes of review under subsection (1):

(b)

regulate the procedure for hearing applications or classes of application under subsection (1):

(c)

regulate the procedure for hearing applications or classes of application for leave under subsection (1AA).

(2)

Any party to any proceedings may appeal to the Court of Appeal against any order or decision of an Associate Judge in those proceedings (other than an order or decision made in chambers).

(3)

Section 66 shall apply to any appeal under subsection (2).

Section 26P: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26P heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26P(1): replaced, on 1 January 2000, by section 4 of the Judicature Amendment Act 1998 (1998 No 52).

Section 26P(1): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 26P(1AA): inserted, on 19 December 2002, by section 3 of the Judicature Amendment Act 2002 (2002 No 68).

Section 26P(1A): replaced, on 19 December 2002, by section 3 of the Judicature Amendment Act 2002 (2002 No 68).

Section 26P(2): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

26Q Immunity of Associate Judges

Every Associate Judge has the same immunities as a Judge of the High Court.

Section 26Q: replaced, on 20 May 2004, by section 11 of the Judicature Amendment Act 2004 (2004 No 45).

26R Jurisdiction of Judge not affected

Nothing in this Act or in any rules made under section 51C or in any rules made under any other Act in the manner provided in that section shall prevent the exercise by any Judge of any jurisdiction or power conferred on an Associate Judge by this Act or by any such rules.

Section 26R: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).

Section 26R: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Officers

27 Appointment of officers

There may from time to time be appointed under the State Sector Act 1988 such Registrars, Deputy Registrars, and other officers as may be required for the conduct of the business of the court.

Section 27: replaced, on 22 May 1997, by section 2 of the Judicature Amendment Act 1997 (1997 No 10).

Registrars

28 Powers of Registrars

(1)

In order that the court may be enabled to exercise the jurisdiction conferred upon it by this Act, every Registrar and Deputy Registrar shall have all the powers and perform all the duties in respect of the court (except such powers and duties as any other officer may be specially appointed to exercise and perform) which Registrars and Deputy Registrars have hitherto performed or which by any rule or statute they may be required to perform.

(2)

Each Deputy Registrar has the same powers and privileges, performs the same duties, and is subject to the same provisions and penalties under this Act and under any other Act as if he or she were the Registrar for the time being, whether or not those powers, privileges, duties, provisions, or penalties are conferred, imposed, or enacted under this Act or that other Act.

(3)

Subsection (2) is subject to any provision to the contrary in any other enactment.

Compare: 1882 No 29 s 36

Section 28(2): inserted, on 15 December 2005, by section 4 of the Judicature Amendment Act (No 2) 2005 (2005 No 107).

Section 28(3): inserted, on 15 December 2005, by section 4 of the Judicature Amendment Act (No 2) 2005 (2005 No 107).

Sheriffs

29 Sheriffs and Deputy Sheriffs

(1)

Every Registrar of the High Court for the time being shall be a Sheriff for New Zealand.

(2)

There may be appointed under the State Sector Act 1988 in respect of any office of the court 1 or more Deputy Sheriffs.

(3)

Every Deputy Sheriff shall, in the absence of the Sheriff or when acting for the Sheriff, have the powers and privileges, duties and responsibilities of the Sheriff under this Act or any other enactment.

Section 29: replaced, on 1 April 1973, by section 20(1) of the Judicature Amendment Act 1972 (1972 No 130).

Section 29(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 29(2): amended, on 1 April 1988, pursuant to section 90(a) of the State Sector Act 1988 (1988 No 20).

30 Sheriff’s oath
[Repealed]

Section 30: repealed, on 1 April 1973, by section 20(1) of the Judicature Amendment Act 1972 (1972 No 130).

31 Sureties may withdraw
[Repealed]

Section 31: repealed, on 1 April 1973, by section 20(1) of the Judicature Amendment Act 1972 (1972 No 130).

32 Duties, etc, of Sheriffs

Every Sheriff shall have such powers and privileges, duties and responsibilities, as a Sheriff by law has or is liable to in England as a ministerial officer of one of Her Majesty’s Courts at Westminster.

Compare: 1883 No 5 s 9

Section 32: amended, on 1 January 1987, pursuant to section 5(2) of the Constitution Act 1986 (1986 No 114).

33 Sheriff to act as Queen’s bailiff

In addition to his powers and privileges, duties and responsibilities, as a ministerial officer, each Sheriff shall also have and exercise the powers and duties of the Queen’s bailiff.

Compare: 1883 No 5 s 10

Section 33 heading: amended, on 1 January 1987, pursuant to section 5(2) of the Constitution Act 1986 (1986 No 114).

Section 33: amended, on 1 January 1987, pursuant to section 5(2) of the Constitution Act 1986 (1986 No 114).

Section 33: amended, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

34 Sheriff not to act as barrister or solicitor

No Sheriff shall be in any way concerned in any action in any court in New Zealand either as a barrister, solicitor, or agent.

Compare: 1883 No 5 s 11

35 Service of process when Sheriff disqualified

Where any process issues which the Sheriff ought not by law to execute, the High Court shall authorise some fit person to execute the same; and in every such case the cause of such special proceeding shall be entered upon the records of the court.

Compare: 1883 No 5 s 12

Section 35: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

36 Persons arrested by Sheriffs may be committed to prison at once

Where any Sheriff, Sheriff’s officer, bailiff, or other person employed under the Sheriff, has arrested any person under or by virtue of any writ or process whatsoever, he may forthwith thereafter convey such person, or cause him to be conveyed, to such prison as he ought to be sent to by virtue of the writ or process against him.

Compare: 1883 No 5 s 13

Poundage and fees

37 Calculation of Sheriff’s poundage
[Repealed]

Section 37: repealed, on 11 October 1978, by section 4(1) of the Judicature Amendment Act 1978 (1978 No 55).

38 Appointment of, and oath taken by, appraiser
[Repealed]

Section 38: repealed, on 11 October 1978, by section 4(1) of the Judicature Amendment Act 1978 (1978 No 55).

39 Goods defined
[Repealed]

Section 39: repealed, on 11 October 1978, by section 4(1) of the Judicature Amendment Act 1978 (1978 No 55).

40 Sheriffs’ and poundage fees
[Repealed]

Section 40: repealed, on 1 January 1969, by section 3(4) of the Judicature Amendment Act (No 2) 1968 (1968 No 59).

41 Fee in special cases
[Repealed]

Section 41: repealed, on 1 January 1969, by section 3(4) of the Judicature Amendment Act (No 2) 1968 (1968 No 59).

42 Fees to be paid into Crown Bank Account

All fees taken by a Sheriff under this Act must be paid immediately into a Crown Bank Account.

Section 42: replaced, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Deputy Sheriffs and Acting Sheriffs[Repealed]

Heading: repealed, on 1 April 1973, pursuant to section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

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]

Section 43: repealed, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

44 Provision in cases of vacancy in office of Sheriff
[Repealed]

Section 44: repealed, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

45 Governor may appoint Deputy Sheriffs
[Repealed]

Section 45: repealed, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

46 When Deputies to act
[Repealed]

Section 46: repealed, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

Commissioners to administer oaths

47 Commissioners to take affidavits, etc, out of New Zealand

(1)

Any Judge of the High Court, by a commission to be issued under the seal of the court, may from time to time appoint any person to be and act as a Commissioner of the High Court in any country or place beyond the jurisdiction of the High Court, for the purpose of administering and taking any oath, affidavit, or affirmation, whether—

(a)

in any civil or criminal proceedings commenced or pending in the High Court; or

(b)

in any action, cause, proceeding, matter, or thing commenced or pending in any court of concurrent jurisdiction in New Zealand or in any inferior court; or

(c)

in any proceedings or in any matter or thing within the cognisance or jurisdiction of the High Court or of any court of concurrent jurisdiction in New Zealand or of any inferior court.

(2)

Every such appointment shall be gazetted.

Section 47: replaced, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

48 Affidavits, etc, so taken to be of like effect as if taken in New Zealand

Every oath, affidavit, or affirmation taken or made before any such Commissioner as aforesaid shall within New Zealand be of the like effect in all respects as if the same had been administered, made, or taken by or before any court or persons having authority to administer or take the same in New Zealand.

Compare: 1875 No 82 s 3

49 Commission may be revoked

(1)

Any commission issued as aforesaid may be revoked by any Judge of the court for any cause which such Judge deems sufficient; but no such revocation shall affect or prejudice any act, matter, or thing done by any Commissioner by virtue of his commission prior to a notification of such revocation having been given or sent to him.

(2)

Every revocation of any such appointment shall be gazetted, and the notice published in the Gazette shall state the date when notice of revocation was given or sent to the Commissioner affected thereby.

Compare: 1875 No 82 ss 5, 6

Practice and procedure of the court

50 Seal of the court

(1)

The court shall have in the custody of each Registrar a seal of the court, for the sealing of all writs and other instruments or documents issued by such Registrar and requiring to be sealed.

(2)

[Repealed]

Compare: 1882 No 29 ss 37, 38

Section 50(2): repealed, on 1 May 1981, by section 4 of the Judicature Amendment Act 1980 (1980 No 88).

51 High Court Rules

(1)

Subject to subsections (2) to (4) and to sections 51A to 56C, the practice and procedure of the court in all civil proceedings shall be regulated by the High Court Rules.

(2)

The High Court Rules shall be subject to any other rules which are made pursuant to section 51C and which prescribe the procedure applicable in respect of any class of civil proceedings or in respect of the practice or procedure of the Court of Appeal.

(3)

Where any provision of the High Court Rules or of any rules made under section 51C restricts or excludes the application of the High Court Rules or any provisions of the High Court Rules, the provision that effects the restriction or exclusion shall have effect according to its tenor.

(4)

If in any civil proceedings any question arises as to the application of any provision of the High Court Rules or of any rules made under section 51C, the court may, either on the application of any party or of its own motion, determine the question and give such directions as it thinks fit.

Section 51: replaced, on 1 January 1986, by section 4 of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

51A Publication of High Court Rules under Legislation Act 2012
[Repealed]

Section 51A: repealed, on 18 October 2016, by section 182(1) of the Senior Courts Act 2016 (2016 No 48).

51B Rules Committee
[Repealed]

Section 51B: repealed, on 18 October 2016, by section 182(1) of the Senior Courts Act 2016 (2016 No 48).

51C Power to make rules
[Repealed]

Section 51C: repealed, on 18 October 2016, by section 182(1) of the Senior Courts Act 2016 (2016 No 48).

51D Rules of court under other Acts to be made in manner provided by this Act
[Repealed]

Section 51D: repealed, on 18 October 2016, by section 182(1) of the Senior Courts Act 2016 (2016 No 48).

51E Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court
[Repealed]

Section 51E: repealed, on 18 October 2016, by section 182(1) of the Senior Courts Act 2016 (2016 No 48).

51F Power to make rules conferring specified jurisdiction and powers of Judge on Registrars or Deputy Registrars
[Repealed]

Section 51F: repealed, on 18 October 2016, by section 182(1) of the Senior Courts Act 2016 (2016 No 48).

51G Jurisdiction of court to award costs in all cases

(1)

Where any Act confers jurisdiction on the High Court or a Judge thereof in regard to any civil proceedings or any criminal proceedings or any appeal, without expressly conferring jurisdiction to award or otherwise deal with the costs of the proceedings or appeal, jurisdiction to award and deal with those costs and to make and enforce orders relating thereto shall be deemed to be also conferred on the court or Judge.

(2)

Such costs shall be in the discretion of the court or Judge, and may, if the court or Judge thinks fit, be ordered to be charged upon or paid out of any fund or estate before the court.

Section 51G: inserted, on 1 January 1986, by section 4 of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

52 Power of Judge to hold or adjourn sitting

(1)

A Judge may hold any sitting of the court at any time and place the Judge thinks fit.

(2)

A Judge may adjourn a sitting of the court to a time and place the Judge thinks fit.

(3)

If a Judge is not present at the time appointed for a sitting of the court, the Registrar may adjourn the sitting to a time that is convenient.

Section 52: replaced, on 1 February 2009, by section 7 of the Judicature (High Court Rules) Amendment Act 2008 (2008 No 90).

53 Fees to be paid into Crown Bank Account

All fees received under this Act must be paid into a Crown Bank Account.

Section 53: replaced, on 9 October 2001, by section 3 of the Judicature Amendment Act 2001 (2001 No 83).

54 Service of process on Sundays void

(1)

Subject to any rule of court, no person shall serve or execute, or cause to be served or executed, on Sunday any statement of claim, application, writ, process, warrant, order, or judgment of the High Court or Court of Appeal (except in cases of crime or of breach of the peace), and such service or execution shall be void to all intents and purposes whatsoever.

(2)

Nothing in subsection (1) shall apply to—

(a)

the service of any writ in rem or warrant of arrest in respect of any proceedings heard or to be heard in the High Court in its admiralty jurisdiction; or

(b)

the service of any subpoena or interlocutory injunction.

(3)

Nothing in this section shall be construed to annul, repeal, or in any way affect the common law, or the provisions of any statute or rule of practice or procedure, now or hereafter in force, authorising the service of any statement of claim, application, writ, process, or warrant, in cases other than those excepted in subsection (1).

Section 54: replaced, on 1 January 1986, by section 4 of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

54A Verdict of three-fourths
[Repealed]

Section 54A: repealed, on 29 June 2009, by section 19(3) of the Juries Amendment Act 2008 (2008 No 40).

54B Discharge of juror or jury

Nothing in this Act affects the powers of a court or Judge to discharge a juror or jury for a civil case under section 22 of the Juries Act 1981.

Section 54B: replaced, on 25 December 2008, by section 16(2) of the Juries Amendment Act 2008 (2008 No 40).

Miscellaneous rules of law and of practice

Habeas corpus[Repealed]

Heading: repealed, on 26 May 2001, by section 22(1) of the Habeas Corpus Act 2001 (2001 No 31).

54C Procedure in respect of habeas corpus
[Repealed]

Section 54C: repealed, on 26 May 2001, by section 22(1) of the Habeas Corpus Act 2001 (2001 No 31).

Absconding debtors

55 Power under certain circumstances to arrest defendant about to quit New Zealand

(1)

A person shall not be arrested upon mesne process in any civil proceedings in the High Court.

(2)

Where in any civil proceedings in the High Court in which, if brought before 1 October 1874 (being the date of the coming into operation of the Imprisonment for Debt Abolition Act 1874), the defendant would have been liable to arrest, the plaintiff proves at any time before final judgment, by evidence on oath to the satisfaction of a Judge of the court, that the plaintiff has good cause of action against the defendant to the amount of $100 or upwards, and that there is probable cause for believing that the defendant is about to quit New Zealand unless he is apprehended, and that the absence of the defendant from New Zealand will materially prejudice the plaintiff in the prosecution of those proceedings, such Judge may, in the prescribed manner, order such defendant to be arrested and imprisoned for a period not exceeding 6 months, unless and until he has sooner given the prescribed security, not exceeding the amount claimed in those proceedings, that he will not go out of New Zealand without the leave of the High Court.

(3)

Where the civil proceedings are for a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract, it shall not be necessary to prove that the absence of the defendant from New Zealand will materially prejudice the plaintiff in the prosecution of those proceedings; and the security given (instead of being that the defendant will not go out of New Zealand) shall be to the effect that any sum recovered against the defendant in those proceedings will be paid or that the defendant shall be rendered to prison.

(4)

All the powers conferred by this section upon a Judge may be exercised by the Registrar of the court:

provided that such powers shall be exercised by the said Registrar only in the absence of the Judge from the place where the office of the court is situate at which the application for such order as aforesaid is made.

Compare: 1874 No 14 s 15; 1875 No 39 s 2

Section 55(1): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 55(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 55(2): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 55(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 55(3): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Foreign creditors

56 Memorials of judgments obtained out of New Zealand may be registered

(1)

Any person in whose favour any judgment, decree, rule, or order, whereby any sum of money is made payable, has been obtained in any court of any of Her Majesty’s dominions may cause a memorial of the same containing the particulars hereinafter mentioned, and authenticated by the seal of the court wherein such judgment, decree, rule, or order was obtained, to be filed in the office of the High Court; and such memorial being so filed shall thenceforth be a record of such judgment, decree, rule, or order, and execution may issue thereon as hereinafter provided.

(2)

Every seal purporting to be the seal of any such court shall be deemed and taken to be the seal of such court until the contrary is proved, and the proof that any such seal is not the seal of such court shall lie upon the party denying or objecting to the same.

(3)

Every such memorial shall be signed by the party in whose favour such judgment, decree, rule, or order was obtained, or his attorney or solicitor, and shall contain the following particulars, that is to say: the names and additions of the parties, the form or nature of the action or other proceeding, and, when commenced, the date of the signing or entering-up of the judgment, or of passing the decree, or of making the rule or order, and the amount recovered, or the decree pronounced, or rule or order made, and, if there was a trial, the date of such trial and amount of verdict given.

(4)

The court or any Judge thereof, on the application of the person in whose favour such judgment, decree, rule, or order was obtained, or his solicitor, may grant a rule or issue a summons calling upon the person against whom such judgment, decree, rule, or order was obtained to show cause, within such time after personal or such other service of the rule or summons as such court or Judge directs, why execution should not issue upon such judgment, decree, rule, or order, and such rule or summons shall give notice that in default of appearance execution may issue accordingly; and if the person served with such rule or summons does not appear, or does not show sufficient cause against such rule or summons, such court or Judge, on due proof of such service as aforesaid, may make the rule absolute, or make an order for issuing execution as upon a judgment, decree, rule, or order of the court, subject to such terms and conditions (if any) as such court or Judge thinks fit.

(5)

All such proceedings may be had or taken for the revival of such judgment, decree, rule, or order, or the enforcement thereof by and against persons not parties to such judgment, decree, rule, or order as may be had for the like purposes upon any judgment, decree, rule, or order of the court.

Compare: 1882 No 29 ss 27, 28, 29

Section 56(1): amended, on 1 January 1987, pursuant to section 5(2) of the Constitution Act 1986 (1986 No 114).

Section 56(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Witnesses

Heading: inserted, on 25 October 1960, by section 2 of the Judicature Amendment Act 1960 (1960 No 109).

56A Failure of witness to attend

(1)

If any witness who is compellable to attend to give evidence at the hearing of any civil proceeding in the High Court and who has been duly summoned fails to attend at the time and place appointed, the court may issue a warrant to arrest him and bring him before the court, and may adjourn the hearing.

(2)

The court may impose on any such witness who fails without just excuse (the proof of which excuse shall be on him) to attend as aforesaid a fine not exceeding $500.

(3)

No witness shall be compellable to attend at the hearing of any civil proceeding in the High Court unless at the time of the service of the order of subpoena, or at some other reasonable time before the hearing, a sum in respect of his allowances and travelling expenses in accordance with the scale prescribed for the time being by regulations made under the Criminal Procedure Act 2011 is tendered or paid to him.

Section 56A: inserted, on 25 October 1960, by section 2 of the Judicature Amendment Act 1960 (1960 No 109).

Section 56A(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 56A(2): amended, on 1 March 1978, by section 4(1) of the Judicature Amendment Act 1977 (1977 No 32).

Section 56A(3): inserted, on 29 September 1961, by section 10 of the Judicature Amendment Act 1961 (1961 No 11).

Section 56A(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 56A(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 56A(3): amended, on 1 March 1978, by section 4(2) of the Judicature Amendment Act 1977 (1977 No 32).

56B Refusal of witness to give evidence

(1)

If any witness in any civil proceeding in the High Court, without offering any just excuse, refuses to give evidence when required, or refuses to produce any document which he has been required to produce, or refuses to be sworn, or having been sworn refuses to answer such questions concerning that proceeding as are put to him, the court may order that, unless he sooner consents to give evidence or to produce the document or to be sworn or to answer thse questions put to him, as the case may be, he be detained in custody for any period not exceeding 7 days, and may issue a warrant for his arrest and detention in accordance with the order.

(2)

If the person so detained, on being brought up again at the hearing, again refuses to give evidence or to produce the document or to be sworn or, having been sworn, to answer the questions put to him, the court, if it thinks fit, may again direct that the witness be detained in custody for the like period, and so again from time to time until he consents to give evidence or to produce the document or to be sworn or to answer as aforesaid.

(3)

Nothing in this section shall limit or affect any power or authority of the court to punish any witness for contempt of court in any case to which this section does not apply.

Section 56B: inserted, on 25 October 1960, by section 2 of the Judicature Amendment Act 1960 (1960 No 109).

Section 56B(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

56BB Witnesses entitled to expenses
[Repealed]

Section 56BB: repealed, on 14 October 1981, by section 5(2)(a) of the Judicature Amendment Act 1981 (1981 No 40).

Contempt of court

Heading: inserted, on 25 October 1960, by section 3 of the Judicature Amendment Act 1960 (1960 No 109).

56C Contempt of court

(1)

If any person—

(a)

assaults, threatens, intimidates, or wilfully insults a Judge, or any Registrar, or any officer of the court, or any juror, or any witness, during his sitting or attendance in court, or in going to or returning from the court; or

(b)

wilfully interrupts or obstructs the proceedings of the court or otherwise misbehaves in court; or

(c)

wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings—

any constable or officer of the court, with or without the assistance of any other person, may, by order of the Judge, take the offender into custody and detain him until the rising of the court.

(2)

In any such case as aforesaid, the Judge, if he thinks fit, may sentence the offender to imprisonment for any period not exceeding 3 months, or sentence him to pay a fine not exceeding $1,000 for every such offence; and in default of payment of any such fine may direct that the offender be imprisoned for any period not exceeding 3 months, unless the fine is sooner paid.

(3)

Nothing in this section shall limit or affect any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply.

Section 56C: inserted, on 25 October 1960, by section 3 of the Judicature Amendment Act 1960 (1960 No 109).

Section 56C(2): amended, on 16 December 1983, by section 3 of the Judicature Amendment Act 1983 (1983 No 103).

Immigration matters

Heading: inserted, on 1 April 1999, by section 63 of the Immigration Amendment Act 1999 (1999 No 16).

56CA Judicial review of decisions under Immigration Act 1987
[Repealed]

Section 56CA: repealed, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Part 1A Special provisions applying to certain proceedings in the High Court and the Federal Court of Australia

Part 1A: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56D Interpretation

In this Part, unless the context otherwise requires,—

Australian proceeding means a proceeding in which a matter for determination arises under—

(a)

any of sections 46A, 155A, or 155B of the Trade Practices Act 1974 of the Parliament of the Commonwealth of Australia; or

(b)

a provision of Part 6 or Part 12 of the Trade Practices Act 1974 of the Parliament of the Commonwealth of Australia in so far as it relates to any of sections 46A, 155A, or 155B of that Act,—

whether or not any other matter arises for determination; and includes an interlocutory proceeding related to such a proceeding and an application for the issue of execution or enforcement of a judgment or order or injunction given or made or granted in such a proceeding

Federal Court means the Federal Court of Australia

New Zealand proceeding means a proceeding in which a matter for determination arises under—

(a)

any of sections 36A, 98H, or 99A of the Commerce Act 1986; or

(b)

a provision of Part 6 or Part 7 of the Commerce Act 1986 in so far as it relates to any of sections 36A, 98H, or 99A of that Act,—

whether or not any other matter arises for determination; and includes an interlocutory proceeding related to such a proceeding and an application for the issue of execution or enforcement of a judgment or order or injunction given or made or granted in such a proceeding.

Section 56D: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56DB Trans-Tasman Proceedings Act 2010 does not affect this Part

This Part is not limited or affected by the Trans-Tasman Proceedings Act 2010.

Section 56DB: inserted, on 11 October 2013, by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).

56DC Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part

Nothing in the Courts (Remote Participation) Act 2010 applies to any appearance by video link or telephone conference in accordance with this Part.

Compare: 2010 No 108 s 36

Section 56DC: inserted, on 11 October 2013, by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).

56E High Court may order New Zealand proceedings to be heard in Australia

(1)

The High Court may, if it is satisfied that a New Zealand proceeding could more conveniently or fairly be tried or heard by the High Court in Australia or that the evidence in a New Zealand proceeding could more conveniently be given in Australia, as the case may be, order that the proceeding be tried or heard in Australia, or that the evidence be taken in Australia, and may sit in Australia for that purpose.

(2)

The order shall specify—

(a)

the place in Australia where the proceeding will be tried or heard or the evidence taken, as the case may be:

(b)

the date or dates of the trial or hearing or on which the evidence will be taken, as the case may be:

(c)

such other matters relating to the trial or the hearing or the taking of the evidence, as the case may be, as the court thinks fit.

(3)

Without limiting the powers of the High Court in relation to the proceeding, the High Court may give judgment in, or make any determination for the purposes of, a New Zealand proceeding in Australia.

Section 56E: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56F Australian counsel entitled to practise in High Court

A person who is entitled to practise as a barrister, or solicitor, or both, in the Federal Court is entitled to practise as a barrister, or solicitor, or both, in relation to—

(a)

a New Zealand proceeding before the High Court sitting in Australia:

(b)

the examination, cross-examination, or re-examination of a witness in Australia whose evidence is being taken by video link or telephone conference in a New Zealand proceeding before the High Court in New Zealand:

(c)

the making of submissions by video link or telephone conference to the High Court in New Zealand in a New Zealand proceeding.

Section 56F: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56G High Court may set aside subpoena issued in New Zealand proceeding

(1)

The High Court may set aside an order of subpoena issued by the High Court requiring the attendance of a person in Australia to testify or to produce documents to the High Court for the purposes of a New Zealand proceeding.

(2)

An application under subsection (1) shall be made by the person served with the order of subpoena and may be made ex parte.

(3)

Without limiting the grounds on which the order of subpoena may be set aside, the High Court may set the order aside on any of the following grounds:

(a)

that the witness does not have, and could not reasonably be expected to obtain, the necessary travel documents:

(b)

that the witness is liable to be detained for the purpose of serving a sentence:

(c)

that the witness is liable to prosecution for an offence:

(d)

that the witness is liable to the imposition of a penalty in civil proceedings, not being proceedings for a pecuniary penalty under section 80 or section 83 of the Commerce Act 1986:

(e)

that the evidence of the witness could be obtained without significantly greater expense by other means:

(f)

that compliance with the order of subpoena would cause hardship or serious inconvenience to the witness:

(g)

in the case of an order of subpoena that requires a witness to produce documents, whether or not it also requires the witness to testify, that the court is satisfied that the documents should not be taken out of Australia and that evidence of the contents of the documents can be given by other means.

(4)

Every application to set aside an order of subpoena under subsection (1) shall be made by affidavit.

(5)

The affidavit shall—

(a)

be sworn by the applicant; and

(b)

set out the facts on which the applicant relies; and

(c)

be filed in the office of the court that issued the order of subpoena.

(6)

The Registrar of the court shall cause a copy of the affidavit to be served on the solicitor on the record for the party to the proceedings who obtained the order of subpoena, or if there is no solicitor on the record, on that party.

Section 56G: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56H Injunctions and orders in New Zealand proceedings

Notwithstanding any rule of law, the High Court may, in a New Zealand proceeding, make an order or grant an injunction that the court is empowered to make or grant that requires a person to do an act, or refrain from engaging in conduct, in Australia.

Section 56H: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56I Issue of subpoenas in New Zealand proceedings

(1)

An order of subpoena may, with the leave of a Judge, be obtained in a New Zealand proceeding requiring a person in Australia to testify, or produce documents or things, or both, to the High Court at a sitting of that court in New Zealand or in Australia.

(2)

An order of subpoena issued for the purposes of a New Zealand proceeding that requires a witness in Australia to produce documents or things, but does not require the witness to testify, must permit the witness to comply with the order of subpoena by producing the documents or things to a specified registry of the Federal Court.

Section 56I: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56J Powers of Federal Court of Australia

(1)

The Federal Court of Australia may exercise all the powers of that court—

(a)

at a sitting of that court in New Zealand held for the purposes of an Australian proceeding:

(b)

at a sitting of that court in Australia held for the purposes of an Australian proceeding at which the evidence of a witness in New Zealand is taken by video link or telephone conference or at which submissions are made in New Zealand by a barrister, or solicitor, or both or a party to the proceedings by video link or telephone conference.

(2)

Without limiting subsection (1), the Federal Court of Australia Act 1976 and the rules of court made under that Act that are applicable in relation to Australian proceedings generally shall apply to the practice and procedure of the Federal Court at any sitting of that court of the kind referred to in that subsection.

(3)

Without limiting subsection (1), the Federal Court may, at any such sitting of the court in New Zealand or in Australia, by order—

(a)

direct that the hearing or any part of the hearing be held in private:

(b)

require any person to leave the court:

(c)

prohibit or restrict the publication of evidence or the name of any party or any witness.

(4)

Nothing in subsection (1) or subsection (2) applies in relation to—

(a)

the power of the court to punish any person for contempt; or

(b)

the prosecution of any person for an offence committed as a witness; or

(c)

the enforcement or execution of any judgment, order, injunction, writ, or declaration given, made, or granted by the court.

(5)

An order made under subsection (3) may be enforced by a Judge of the High Court who, for that purpose, shall have and may exercise the powers, including the power to punish for contempt, that would be available to enforce the order if it had been made by that Judge.

Section 56J: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56K Issue of subpoenas in Australian proceedings

(1)

An order of subpoena that is issued by the Federal Court with the leave of a Judge of that court requiring the attendance of a person in New Zealand to testify or to produce documents for the purposes of an Australian proceeding may be served on that person in New Zealand by leaving a sealed copy of the subpoena with that person personally together with a statement setting out the rights and obligations of that person, including information as to the manner in which application may be made to that court to have the subpoena set aside.

(2)

A person who has been served with an order of subpoena under subsection (1) is not compellable to comply with the order unless, at the time of service of the order or at some other reasonable time before the hearing, allowances and travelling expenses or vouchers sufficient to enable that person to comply with the order are tendered or paid to that person.

Section 56K: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56L Failure of witness to comply with subpoena issued in Australian proceeding

(1)

The court may, on receiving a certificate under the seal of the Federal Court stating that a person named in the certificate has failed to comply with an order of subpoena requiring that person to attend as a witness for the purposes of an Australian proceeding, issue a warrant requiring any constable to arrest that person and bring that person before the court.

(2)

The court may, on the appearance of that person before the court, impose a fine not exceeding $1,000 unless the court is satisfied, the onus of proof of which shall lie with that person, that the failure to comply with the order of subpoena should be excused.

(3)

In determining whether the failure to comply with the order of subpoena should be excused, the High Court may have regard to—

(a)

any matters that were not brought to the attention of the Federal Court, if the High Court is satisfied that—

(i)

the Federal Court would have been likely to have set aside the order of subpoena if those matters had been brought to the attention of that court; and

(ii)

the failure to bring those matters to the attention of the Federal Court was not due to any fault on the part of the person alleged to have failed to comply with the order of subpoena or was due to an omission by that person that should be excused; and

(b)

any matters to which the High Court would have regard if the order of subpoena had been issued by the High Court.

(4)

For the purposes of this section, but subject to subsection (3), a certificate under the seal of the Federal Court stating—

(a)

that the order of subpoena was issued by that court:

(b)

that the witness failed to comply with the order of subpoena:

(c)

in relation to any application made to that court to have the order of subpoena set aside, the decision of that court or any orders or findings of fact made by that court—

shall be conclusive evidence of the matters stated in it.

(5)

Subject to subsection (3), no findings of fact made by the Federal Court on an application to that court to have the order of subpoena set aside may be challenged by any person alleged to have failed to comply with the order unless the court was deliberately misled in making those findings of fact.

Section 56L: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56M Federal Court of Australia may administer oaths in New Zealand

(1)

The Federal Court may—

(a)

at any sitting of that court in New Zealand held for the purposes of an Australian proceeding; or

(b)

for the purposes of obtaining the testimony of a person in New Zealand by video link or telephone conference at a sitting of that court in Australia—

administer an oath or affirmation in accordance with the practice and procedure of that court.

(2)

Evidence given by a person on oath or affirmation administered by the Federal Court under subsection (1), for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury), be deemed to have been given as evidence in a judicial proceeding on oath.

Section 56M: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56N Orders made by Federal Court of Australia not subject to review

No application for review under Part 1 of the Judicature Amendment Act 1972 and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of the Federal Court made or given at a sitting of that court in New Zealand in an Australian proceeding.

Section 56N: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56O Contempt of Federal Court of Australia

(1)

Every person commits an offence who, at any sitting of the Federal Court in New Zealand,—

(a)

assaults, threatens, intimidates, or wilfully insults—

(i)

a Judge of that court; or

(ii)

a registrar or officer of that court; or

(iii)

a person appearing as a barrister, or solicitor, or both, before that court; or

(iv)

a witness in proceedings before that court; or

(b)

wilfully interrupts or obstructs the proceedings; or

(c)

wilfully and without lawful excuse disobeys any order or direction of the court in the course of the proceedings.

(2)

Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000.

Section 56O: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

Section 56O(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

56P Arrangements to facilitate sittings

(1)

The Chief Justice of New Zealand may make arrangements with the Chief Justice of the Federal Court for the purposes of giving effect to this Part.

(2)

Without limiting subsection (1) arrangements may be made—

(a)

to enable the High Court to sit in Australia in New Zealand proceedings in the courtrooms of the Federal Court or in other places in Australia:

(b)

to enable the Federal Court to sit in New Zealand in the courtrooms of the High Court or in other places in New Zealand:

(c)

to enable evidence to be given and the submissions of counsel to be made in New Zealand proceedings or in Australian proceedings by video link or telephone conference:

(d)

for the provision of registry facilities and court staff.

Section 56P: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56Q Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings

(1)

A Judge of the Federal Court sitting as a Judge of that court in New Zealand in an Australian proceeding has all the protections, privileges, and immunities of a Judge of the High Court.

(2)

Every witness who gives evidence in an Australian proceeding—

(a)

at a sitting in New Zealand of the Federal Court; or

(b)

by video link or telephone conference at a sitting in Australia of the Federal Court—

has all the privileges and immunities of a witness in the High Court.

(3)

A person appearing as a barrister, or solicitor, or both, in an Australian proceeding—

(a)

at a sitting in New Zealand of the Federal Court; or

(b)

by video link or telephone conference at a sitting in Australia of the Federal Court—

has all the privileges and immunities of counsel in the High Court.

(4)

A person appearing as a party in an Australian proceeding—

(a)

at a sitting in New Zealand of the Federal Court; or

(b)

by video link or telephone conference at a sitting in Australia of the Federal Court—

has all the privileges and immunities of a party in a proceeding in the High Court.

Section 56Q: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

Section 56Q(4): inserted, on 11 October 2013, by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).

56R High Court may take evidence at request of Federal Court

(1)

The High Court may, at the request of the Federal Court, take evidence in New Zealand for the Federal Court for the purposes of an Australian proceeding and may, by order, make any provision it considers appropriate for the purpose of taking that evidence.

(2)

An order may require a specified person to take such steps the High Court considers appropriate for taking the evidence.

(3)

Without limiting subsections (2) and (3), an order may, in particular, make provision—

(a)

for the examination of witnesses, either orally or in writing; or

(b)

for the production of documents or things; or

(c)

for the inspection, photographing, preservation, custody, or detention of any property; or

(d)

for taking samples of property and carrying out experiments on or with property.

(4)

The High Court may make an order requiring a person to give evidence either orally or by tendering a written document otherwise than on oath or affirmation if the Federal Court requests it to do so.

(5)

A person who has been served with an order made under this section is not compellable to comply with the order unless, at the time of service of the order or at some other reasonable time before that person is required to comply with the order, allowances and travelling expenses or vouchers sufficient to enable that person to comply with the order are tendered or paid to that person.

(6)

A person is not compellable to give evidence pursuant to an order under this section that he or she is not compellable to give in the Australian proceeding to which the request relates.

Section 56R: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

56S Power to make rules for purposes of this Part

(1)

Rules may be made under section 51C, for or in relation to, Australian proceedings and New Zealand proceedings.

(2)

Without limiting subsection (1), rules may be made that make provision for, or in relation to,—

(a)

the giving of evidence and the making of submissions in New Zealand proceedings by video link or telephone conference:

(b)

receiving, for the purposes of the Evidence Amendment Act 1990, facsimiles as evidence of documents or things:

(c)

the issuing of subpoenas for service in Australia for the purposes of New Zealand proceedings and the service of those subpoenas:

(d)

the payment of witnesses required to comply with orders of subpoena served in Australia for the purposes of New Zealand proceedings of amounts in respect of expenses and loss of income occasioned by compliance with those orders:

(e)

the lodging of documents or things with the Federal Court in compliance with orders of subpoena issued in New Zealand proceedings that require only the production of documents or things by witnesses:

(f)

the transmission of documents or things lodged with the High Court in Australian proceedings in compliance with orders of subpoena issued by the Federal Court or certified copies of such documents to the Federal Court:

(g)

the hearing of applications for orders under section 56G:

(h)

sittings of the High Court in Australia:

(i)

giving effect to arrangements made under section 56P:

(j)

the form of certification of judgments, orders, and injunctions in New Zealand proceedings:

(k)

the taking of evidence under section 56R:

(l)

such other matters as are contemplated by or necessary for giving effect to this Part.

Section 56S: inserted, on 1 July 1990, by section 3 of the Judicature Amendment Act 1990 (1990 No 44).

Part 2 The Court of Appeal

Constitution of the court

57 Constitution of Court of Appeal

(1)

There shall continue to be in and for New Zealand a court of record called, as heretofore, the Court of Appeal of New Zealand:

provided and it is hereby declared that the Court of Appeal heretofore and now held and henceforth to be held is and shall be deemed and taken to be the same court.

(2)

Subject to this Part, the Court of Appeal comprises—

(a)

a Judge of the High Court appointed by the Governor-General as a Judge of the Court of Appeal and as President of that court:

(b)

not fewer than 5 nor more than 9 other Judges of the High Court appointed by the Governor-General as Judges of the Court of Appeal.

(3)

Any Judge may be appointed to be a Judge of the Court of Appeal either at the time of his appointment as a Judge of the High Court or at any time thereafter.

(4)

Every Judge of the Court of Appeal shall continue to be a Judge of the High Court, and may from time to time sit as or exercise any of the powers of a Judge of the High Court.

(5)

Every Judge of the Court of Appeal shall hold office as a Judge of that court so long as he holds office as a Judge of the High Court:

provided that, with the prior approval of the Governor-General, any Judge of the Court of Appeal may resign his office as a Judge of that court without resigning his office as a Judge of the High Court.

(6)

The Judges of the Court of Appeal have seniority over all the Judges of the High Court (including any additional Judge of the Court of Appeal) except the Chief Justice and the other Judges of the Supreme Court.

(6A)

The President of the Court of Appeal has seniority over the other Judges of the Court of Appeal.

(6B)

Other Judges of the Court of Appeal appointed on different dates have seniority among themselves according to those dates.

(6C)

Other Judges of the Court of Appeal appointed on the same date have seniority among themselves according to their seniority as Judges of the High Court.

(6D)

A Judge of the Court of Appeal who resigns office as a Judge of that court without resigning office as a Judge of the High Court then has, as a Judge of the High Court, the seniority that he or she would have had if he or she had not been appointed as a Judge of the Court of Appeal.

(7)

While any vacancy exists in the office of President of the Court of Appeal, or during any absence from New Zealand of the President, or while by reason of illness or any other cause he is prevented from exercising the duties of his office, the senior Judge of the Court of Appeal shall have authority to act as President of the Court of Appeal and to execute the duties of that office and to exercise all powers that may be lawfully exercised by the President.

(8)

The jurisdiction of the Court of Appeal shall not be affected by any vacancy in the number of the Judges of that court.

Compare: 1882 No 30 ss 3, 4, 5, 6

Section 57 heading: amended, on 1 January 1958, by section 2 of the Judicature Amendment Act 1957 (1957 No 9).

Section 57(2): replaced, on 1 January 2004, by section 44 of the Supreme Court Act 2003 (2003 No 53).

Section 57(2)(b): amended, on 23 March 2010, by section 7 of the Judicature (Judicial Matters) Amendment Act 2010 (2010 No 7).

Section 57(3): replaced, on 1 January 1958, by section 2(1) of the Judicature Amendment Act 1957 (1957 No 9).

Section 57(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 57(4): replaced, on 1 January 1958, by section 2(1) of the Judicature Amendment Act 1957 (1957 No 9).

Section 57(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 57(5): inserted, on 1 January 1958, by section 2(1) of the Judicature Amendment Act 1957 (1957 No 9).

Section 57(5): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 57(5) proviso: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 57(6): replaced, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 57(6A): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 57(6B): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 57(6C): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 57(6D): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 57(7): inserted, on 1 January 1958, by section 2(1) of the Judicature Amendment Act 1957 (1957 No 9).

Section 57(7): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 57(8): inserted, on 1 January 1958, by section 2(1) of the Judicature Amendment Act 1957 (1957 No 9).

57A Judges of Court of Appeal act on full-time basis but may be authorised to act part-time

(1)

A person acts as a Judge of the Court of Appeal on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.

(2)

The Attorney-General may, in accordance with subsection (4), authorise a Judge to act on a part-time basis for any specified period.

(3)

To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be made more than once in respect of the same Judge.

(4)

The Attorney-General may authorise a Judge to act on a part-time basis only—

(a)

on the request of the Judge; and

(b)

with the concurrence of the President of the Court of Appeal.

(5)

In considering whether to concur under subsection (4), the President of the Court of Appeal must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.

(6)

A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.

(7)

The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

(8)

This section applies only to Judges who are appointed as Judges of the Court of Appeal.

Section 57A: inserted, on 20 May 2004, by section 12 of the Judicature Amendment Act 2004 (2004 No 45).

58 Court of Appeal to sit in divisions

(1)

Except as provided in sections 58D and 61A, for the purposes of any proceedings in the Court of Appeal, the court sits in divisions comprising 3 Judges.

(2)

[Repealed]

(3)

There are—

(a)

1 or more divisions of the Court of Appeal for the purposes of criminal proceedings; and

(b)

1 or more divisions of the Court of Appeal for the purposes of civil proceedings.

(4)

Each division of the Court of Appeal may exercise all the powers of the Court of Appeal.

(5)

A division of the court may exercise any powers of the court even though 1 or more divisions of the court or a full court is exercising any powers of the court at the same time.

(6)

If the majority of the members of a division of the court considers it desirable to do so, the division may—

(a)

refer any proceeding; or

(b)

state any case; or

(c)

reserve any question—

for the consideration of a full court of the Court of Appeal, and in that case a full court has the power to hear and determine the proceeding, case, or question.

Section 58: replaced, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

Section 58(1): amended, on 7 August 2006, by section 5(1) of the Judicature Amendment Act 2006 (2006 No 16).

Section 58(2): repealed, on 7 August 2006, by section 5(2) of the Judicature Amendment Act 2006 (2006 No 16).

58A Composition of criminal appeals division or divisions

(1)

For the purposes of any criminal proceeding that is heard by a division, the Court of Appeal comprises—

(a)

3 Judges of the Court of Appeal holding office under section 57(2); or

(b)

2 Judges of the Court of Appeal holding office under section 57(2) and 1 Judge of the High Court nominated by the Chief Justice under subsection (2); or

(c)

1 Judge of the Court of Appeal holding office under section 57(2) and 2 Judges of the High Court nominated by the Chief Justice under subsection (2).

(2)

Except where the work of the High Court renders it impracticable for the Chief Justice to do so, the Chief Justice must from time to time, after consulting the President of the Court of Appeal and the Chief High Court Judge, nominate the Judges of the High Court who may comprise members of the Court of Appeal for the purposes of any proceeding or proceedings to which subsection (1) relates.

(3)

Every nomination under subsection (2) must be made either—

(a)

in respect of a specified case or specified cases; or

(b)

in respect of every case to be heard by the Court of Appeal during a specified period not exceeding 3 months.

(4)

For the purposes of this section, criminal proceeding means an appeal or application to the Court of Appeal under Part 6 of the Criminal Procedure Act 2011.

Section 58A: replaced, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

Section 58A(2): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 58A(4): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

58B Composition of civil appeals division or divisions

(1)

For the purposes of any civil proceeding that is heard by a division of the court, the Court of Appeal comprises—

(a)

3 Judges of the Court of Appeal holding office under section 57(2); or

(b)

2 Judges of the Court of Appeal holding office under section 57(2) and 1 Judge of the High Court nominated by the Chief Justice under subsection (2); or

(c)

1 Judge of the Court of Appeal holding office under section 57(2) and 2 Judges of the High Court nominated by the Chief Justice under subsection (2).

(2)

Except where the work of the High Court renders it impracticable for the Chief Justice to do so, the Chief Justice must from time to time, after consulting the President of the Court of Appeal and the Chief High Court Judge, nominate the Judges of the High Court who may comprise members of the Court of Appeal for the purposes of any proceeding or proceedings to which subsection (1) relates.

(3)

Every nomination under subsection (2) must be made either—

(a)

in respect of a specified case or specified cases; or

(b)

in respect of every case to be heard by the Court of Appeal during a specified period not exceeding 3 months.

(4)

For the purposes of this section, the term civil proceeding means—

(a)

any appeal to the Court of Appeal against any judgment or order given or made in a proceeding other than a criminal proceeding:

(b)

any application relating to an appeal of the kind mentioned in paragraph (a):

(c)

any application for leave to bring an appeal of the kind mentioned in paragraph (a):

(d)

any proceeding transferred to the Court of Appeal under section 64.

Section 58B: replaced, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

Section 58B(2): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

58C Assignment of Judges to divisions

(1)

Judges are assigned to act as members of a criminal or civil division of the Court of Appeal in accordance with a procedure adopted from time to time by Judges of the Court of Appeal holding office under section 57(2).

(2)

The President of the Court of Appeal must publish in the Gazette any procedure adopted under subsection (1).

(3)

A Judge of the High Court who is eligible to act as a Judge of a division of the Court of Appeal because of a nomination made under section 58A(2) or section 58B(2) may not be assigned to a division without the concurrence of the Chief Justice and the Chief High Court Judge.

Section 58C: inserted, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

Section 58C(3): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

58D Court of Appeal to sit as full court in certain cases

(1)

Subject to subsection (3), a full court consists of 5 Judges.

(2)

Subject to section 58F, a full court is constituted only by Judges of the Court of Appeal holding office under section 57(2).

(3)

Where, pending the determination of any proceeding, 1 or more of the members of a full court before whom the proceeding is being heard or was heard—

(a)

dies; or

(b)

becomes seriously ill; or

(c)

is otherwise unavailable for any reason,—

it is not necessary for that proceeding to be reheard, and the remaining members may continue to act as a full court for the purposes of this section with power to determine the proceeding or any incidental matter (including the question of costs) that may arise in the course of that proceeding.

(4)

The Court of Appeal must sit as a full court to hear and determine—

(a)

cases that are considered, in accordance with the procedure adopted under section 58E, to be of sufficient significance to warrant the consideration of a full court:

(b)

any proceeding, case, or question referred under section 58(6) for hearing and determination by a full court:

(c)

any appeal from a decision of the Court Martial Appeal Court under section 10 of the Court Martial Appeals Act 1953.

Section 58D: inserted, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

Section 58D(1): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 58D(4)(c): amended, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

58E Cases of sufficient significance for full court

(1)

The question whether a case is of sufficient significance to warrant the consideration of a full court must be determined in accordance with the procedure which those Judges of the Court of Appeal holding office under section 57(2) from time to time adopt.

(2)

The President of the Court of Appeal must publish in the Gazette any procedure adopted by the Judges of the Court of Appeal under subsection (1).

Section 58E: inserted, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

58F High Court Judges sitting on full court

(1)

Whenever the President of the Court of Appeal certifies in writing that due to—

(a)

the illness or absence on leave of any of the Judges holding office under section 57(2); or

(b)

the need for the expertise of a specific Judge of the High Court in a particular case; or

(c)

any other exceptional circumstances,—

it is necessary for a specified Judge who has been assigned to a division of the court under section 58C to sit as a member of the full court, that Judge may sit as a member of the full court.

(2)

No more than 1 Judge of the High Court may sit as a member of the full court at any one time.

Section 58F: inserted, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

58G Authority of High Court Judges

(1)

The fact that a Judge of the High Court acts as a Judge of the Court of Appeal is conclusive evidence of the Judge’s authority to do so, and no judgment or determination given or made by the Court of Appeal while the Judge so acts may be questioned on the ground that the occasion for the Judge so acting had not arisen or had ceased to exist.

(2)

A Judge of the High Court who has acted as a Judge of the Court of Appeal may attend sittings of the Court of Appeal for the purpose of giving any judgment or passing sentence in or otherwise completing any proceeding in relation to any case that has been heard by the Judge while he or she so acted.

Section 58G: inserted, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

59 Judgment of Court of Appeal

(1)

The judgment of the court must be in accordance with the opinion of a majority of the Judges hearing the proceeding concerned.

(2)

If the Judges present are equally divided in opinion, the judgment or order appealed from or under review is taken to be affirmed.

(3)

The delivery of the judgment of the Court of Appeal may be effected in any manner provided by rules made under section 51C.

Section 59: replaced, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

Section 59(1): replaced, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 59(3): inserted, on 7 August 2006, by section 6 of the Judicature Amendment Act 2006 (2006 No 16).

60 Sittings of Court of Appeal

(1)

The Court of Appeal may from time to time appoint ordinary or special sittings of the court, and may from time to time make rules, not inconsistent with the rules of practice and procedure of the Court of Appeal for the time being in force under this Act or with the laws of New Zealand, in respect of the places and times for holding sittings of the court, the order of disposing of business, and any other necessary matters.

(2)

If present at a sitting of the Court of Appeal, the President presides.

(3)

If the President of the Court of Appeal is absent from a sitting of the court, the senior Judge of the court present presides.

(4)

The court has power from time to time to adjourn any sitting until such time and to such place as it thinks fit.

Section 60: replaced, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

Section 60(2): replaced, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 60(3): replaced, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

60A Court of Appeal may sit in divisions
[Repealed]

Section 60A: repealed, on 1 August 1998, by section 5 of the Judicature Amendment Act 1998 (1998 No 52).

61 Adjournment in cases of absence of some of the Judges

Where, by reason of the absence of all or any 1 or more of the Judges of the Court of Appeal at the time appointed for the sitting of the court or any adjournment thereof, it is necessary to adjourn the sitting of the court to a future day, any 1 or more of the Judges at the time appointed for such sitting, or at the time of any adjournment thereof, or the Registrar of the said court in case none of the Judges thereof are present, may adjourn or further adjourn such sitting to such future day and hour as such Judge or Judges or such Registrar think fit.

Compare: 1882 No 30 s 10

61A Incidental orders and directions may be made and given by 1 Judge

(1)

In any civil appeal or in any civil proceeding before the Court of Appeal, any Judge of that court, sitting in chambers, may make such incidental orders and give such incidental directions as he thinks fit, not being an order or a direction that determines the appeal or disposes of any question or issue that is before the court in the appeal or proceeding.

(2)

Every order or direction made or given by a Judge of the Court of Appeal under subsection (1) may be discharged or varied by any Judges of that court who together have jurisdiction, in accordance with section 58A or section 58B or section 58D, as the case may be, to hear and determine the proceeding.

(3)

Any Judge of the Court of Appeal may review a decision of the Registrar made within the civil jurisdiction of the court under a power conferred on the Registrar by any rule of court, and may confirm, modify, or revoke that decision as he thinks fit.

(4)

The provisions of this section shall apply notwithstanding anything in section 58.

(5)

This section shall have effect from a date to be appointed by the Governor-General by Order in Council.

Section 61A: inserted, on 7 October 1977 (with effect on 31 January 1978), by section 8 of the Judicature Amendment Act 1977 (1977 No 32).

Section 61A(1): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 61A(2): amended, on 1 August 1998, by section 7(a) of the Judicature Amendment Act 1998 (1998 No 52).

Section 61A(4): amended, on 1 August 1998, by section 7(b) of the Judicature Amendment Act 1998 (1998 No 52).

62 Power to remit proceedings to the High Court

The Court of Appeal shall have power to remit any proceedings in any cause pending before it to the High Court or a single Judge thereof.

Compare: 1882 No 30 s 11

Section 62 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 62: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

63 Judgments of Court of Appeal may be enforced by the High Court

All judgments, decrees, and orders of the Court of Appeal may be enforced by the High Court as if they had been given or made by that court.

Compare: 1882 No 30 s 12

Section 63 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 63: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Civil jurisdiction

Removal of proceedings from the High Court

Heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

64 Transfer of civil proceedings from High Court to Court of Appeal

(1)

If the circumstances of a civil proceeding pending before the High Court are exceptional, the High Court may order that the proceeding be transferred to the Court of Appeal.

(2)

Without limiting the generality of subsection (1), the circumstances of a proceeding may be exceptional if—

(a)

a party to the proceeding intends to submit that a relevant decision of the Court of Appeal should be overruled by the Court of Appeal:

(b)

the proceeding raises 1 or more issues of considerable public importance that need to be determined urgently, and those issues are unlikely to be determined urgently if the proceeding is heard and determined by both the High Court and the Court of Appeal:

(c)

the proceeding does not raise any question of fact or any significant question of fact, but does raise 1 or more questions of law that are the subject of conflicting decisions of the High Court.

(3)

In deciding whether to transfer a proceeding under subsection (1), a Judge must have regard to the following matters:

(a)

the primary purpose of the Court of Appeal as an appellate court:

(b)

the desirability of obtaining a determination at first instance and a review of that determination on appeal:

(c)

whether a full court of the High Court could effectively determine the question in issue:

(d)

whether the proceeding raises any question of fact or any significant question of fact:

(e)

whether the parties have agreed to the transfer of the proceeding to the Court of Appeal:

(f)

any other matter that the Judge considers that he or she should have regard to in the public interest.

(4)

The fact that the parties to a proceeding agree to the transfer of the proceeding to the Court of Appeal is not in itself a sufficient ground for an order transferring the proceeding.

(5)

If the High Court transfers a proceeding under subsection (1), the Court of Appeal has the jurisdiction of the High Court to hear and determine the proceeding.

Section 64: replaced, on 4 June 1998, by section 8 of the Judicature Amendment Act 1998 (1998 No 52).

65 Decision of Court of Appeal final as regards tribunals of New Zealand
[Repealed]

Section 65: repealed, on 10 April 2006, by section 8 of the Judicature Amendment Act 2006 (2006 No 16).

Appeals from decisions of the High Court

Heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

66 Court may hear appeals from judgments and orders of the High Court

The Court of Appeal shall have jurisdiction and power to hear and determine appeals from any judgment, decree, or order save as hereinafter mentioned, of the High Court, subject to the provisions of this Act and to such rules and orders for regulating the terms and conditions on which such appeals shall be allowed as may be made pursuant to this Act.

Compare: 1882 No 30 s 15

Section 66: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Appeals from inferior courts

67 Appeals against decisions of High Court on appeal

(1)

The decision of the High Court on appeal from an inferior court is final, unless a party, on application, obtains leave to appeal against that decision—

(a)

to the Court of Appeal; or

(b)

directly to the Supreme Court (in exceptional circumstances as provided for in section 14 of the Supreme Court Act 2003).

(2)

An application under subsection (1) for leave to appeal to the Court of Appeal must be made to the High Court or, if the High Court refuses leave, to the Court of Appeal.

(3)

An application under subsection (1) for leave to appeal directly to the Supreme Court must be made to the Supreme Court.

(4)

If leave to appeal referred to in subsection (1)(a) is obtained, the decision of the Court of Appeal on appeal from the High Court is final unless a party, on application, obtains leave to appeal against that decision to the Supreme Court.

(5)

Subsections (1), (3), and (4) are subject to the Supreme Court Act 2003.

Section 67: replaced, on 10 April 2006, by section 9 of the Judicature Amendment Act 2006 (2006 No 16).

68 Direct appeal from decision of inferior courts
[Repealed]

Section 68: repealed, on 10 April 2006, by section 10 of the Judicature Amendment Act 2006 (2006 No 16).

Criminal jurisdiction

Trial at bar

69 Trial at bar

(1)

Where a bill of indictment has been found in the High Court, or any inquisition has been found, or any criminal information been granted against any person for any crime, if it appears to the High Court on affidavit on the part of the accused or of the prosecutor that the case is one of extraordinary importance or difficulty, and that it is desirable that it should be tried before the Judges at bar, the High Court may grant a rule nisi, and, if no sufficient cause is shown, may make the same absolute for the removal of such indictment, inquisition, or information, and the proceedings thereon, into the Court of Appeal, and for the trial of the same at bar at the next or other sitting of such Court of Appeal, and may direct that a special or common jury, as the High Court thinks fit, be summoned from such jury district as the court directs to serve upon such trial; and such proceedings, as nearly as may be, shall thereupon be had as upon a trial at bar in England.

(2)

The Court of Appeal shall have the same jurisdiction, authority, and power in respect thereof as the Queen’s Bench Division of the High Court of Justice has in England in respect of a trial at bar.

Compare: 1882 No 30 s 18

Section 69(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 69(1): amended, on 1 April 1973, by section 18(2) of the Judicial Amendment Act 1972 (1972 No 130).

Section 69(2): amended, on 1 January 1987, pursuant to section 5(2) of the Constitution Act 1986 (1986 No 114).

Appeals from convictions[Repealed]

Heading: repealed, on 1 April 1958, pursuant to section 214(1) of the Summary Proceedings Act 1957 (1957 No 87).

70 Appeal from judgment of Supreme Court on conviction
[Repealed]

Section 70: repealed, on 1 April 1958, by section 214(1) of the Summary Proceedings Act 1957 (1957 No 87).

Miscellaneous

71 Rules of practice
[Repealed]

Section 71: repealed, on 1 January 1986, by section 6 of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

72 Appointment of officers

There may from time to time be appointed under the State Sector Act 1988 such Registrars, Deputy Registrars, and other officers as may be required for the conduct of the business of the Court of Appeal.

Section 72: replaced, on 22 May 1997, by section 3 of the Judicature Amendment Act 1997 (1997 No 10).

73 Powers and duties of officers

All such Registrars and other officers shall have in respect of the Court of Appeal such powers and duties as are prescribed by rules made under this Act.

Compare: 1882 No 30 s 27

74 Court seal

The Court of Appeal shall have in the custody of the Registrar a seal for the sealing of writs, orders, decrees, office copies, certificates, reports, and other instruments issued by such Registrar and requiring to be sealed.

Compare: 1882 No 30 s 28

75 Power to fix fees
[Repealed]

Section 75: repealed, on 1 January 1931, by section 4 of the Judicature Amendment Act 1930 (1930 No 14).

Part 3 Rules and provisions of law in judicial matters generally

Removal of technical defects[Repealed]

Heading: repealed, on 1 January 1910, pursuant to section 15(1) of the Inferior Courts Procedure Act 1909 (1909 No 13).

76 Power to courts to amend mistakes and supply omissions in warrants, orders, etc
[Repealed]

Section 76: repealed, on 1 January 1910, by section 15(1) of the Inferior Courts Procedure Act 1909 (1909 No 13).

Limitation of actions[Repealed]

Heading: repealed, on 1 January 1952, pursuant to section 35(2) of the Limitation Act 1950 (1950 No 65).

77 Limitation of actions for merchants’ accounts
[Repealed]

Section 77: repealed, on 1 January 1952, by section 35(2) of the Limitation Act 1950 (1950 No 65).

78 Limitation not barred by claims subsequently arising
[Repealed]

Section 78: repealed, on 1 January 1952, by section 35(2) of the Limitation Act 1950 (1950 No 65).

79 Absence beyond seas or imprisonment of a creditor not to be a disability
[Repealed]

Section 79: repealed, on 1 January 1952, by section 35(2) of the Limitation Act 1950 (1950 No 65).

80 Period of limitation to run as to joint debtors in New Zealand, though some are beyond seas
[Repealed]

Section 80: repealed, on 1 January 1952, by section 35(2) of the Limitation Act 1950 (1950 No 65).

81 Judgment recovered against joint debtors in New Zealand to be no bar to proceeding against others beyond seas after their return
[Repealed]

Section 81: repealed, on 1 January 1952, by section 35(2) of the Limitation Act 1950 (1950 No 65).

82 Part payment by one contractor, etc, not to prevent bar in favour of another contractor, etc
[Repealed]

Section 82: repealed, on 1 January 1952, by section 35(2) of the Limitation Act 1950 (1950 No 65).

Sureties

83 Consideration for guarantee need not appear by writing
[Repealed]

Section 83: repealed, on 19 October 1956, by section 3(2) of the Contracts Enforcement Act 1956 (1956 No 23).

84 A surety who discharges the liability to be entitled to assignment of all securities held by the creditor

Every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, pays or satisfies such debt or performs such duty shall be entitled to have assigned to him, or a trustee for him, every judgment, specialty, or other security held by the creditor in respect of such debt or duty, whether such judgment, specialty, or other security is or is not deemed at law to be satisfied by the payment of the debt or performance of the duty.

Compare: 1880 No 12 s 81

85 Rights of surety in such case

(1)

Every such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any civil proceedings in order to obtain from the principal debtor or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person paying or satisfying such debt or performing such duty.

(2)

Such payment, satisfaction, or performance made by such surety shall not be pleadable in bar of any such action or other proceeding by him.

Compare: 1880 No 12 s 82

Section 85(1): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

86 Rights of co-sureties, etc, as between themselves

A co-surety, co-contractor, or co-debtor shall not be entitled to recover from any other co-surety, co-contractor, or co-debtor by the means aforesaid more than the just proportion to which, as between those parties themselves, such last-mentioned person is justly liable.

Compare: 1880 No 12 s 83

Interest on money

87 Interest on debts and damages

(1)

In any proceedings in the High Court, the Court of Appeal, or the Supreme Court for the recovery of any debt or damages, the court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment:

provided that nothing in this subsection shall—

(a)

authorise the giving of interest upon interest; or

(b)

apply in relation to any debt upon which interest is payable as of right, whether by virtue of any agreement, enactment, or rule of law, or otherwise; or

(c)

affect the damages recoverable for the dishonour of a bill of exchange.

(2)

In any proceedings in the High Court, the Court of Appeal, or the Supreme Court for the recovery of any debt upon which interest is payable as of right, and in respect of which the rate of interest is not agreed upon, prescribed, or ascertained under any agreement, enactment, or rule of law or otherwise, there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as the court thinks fit for the period between the date as from which the interest became payable and the date of the judgment.

(3)

In this section the term the prescribed rate means the rate of 7.5% per annum, or such other rate as may from time to time be prescribed for the purposes of this section by the Governor-General by Order in Council.

Compare: Law Reform (Miscellaneous Provisions) Act 1934 (24 & 25 Geo V ch 41) s 3 (UK)

Section 87: replaced, on 16 October 1952, by section 3 of the Judicature Amendment Act 1952 (1952 No 24).

Section 87 heading: amended, on 21 October 1974, by section 7 of the Judicature Amendment Act 1974 (1974 No 57).

Section 87(1): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 87(1): amended, on 13 January 1983, by section 4(2) of the District Courts Amendment Act (No 2) 1982 (1982 No 130).

Section 87(1): amended, on 21 October 1974, by section 7(1) of the Judicature Amendment Act 1974 (1974 No 57).

Section 87(2): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 87(2): amended, on 13 January 1983, by section 4(2) of the District Courts Amendment Act (No 2) 1982 (1982 No 130).

Section 87(2): amended, on 21 October 1974, by section 7(1) of the Judicature Amendment Act 1974 (1974 No 57).

Section 87(3): inserted, on 21 October 1974, by section 7(2) of the Judicature Amendment Act 1974 (1974 No 57).

Section 87(3): 5.0% per year prescribed as the rate for the purposes of section 87, on 1 July 2011, by clause 4 of the Judicature (Prescribed Rate of Interest) Order 2011 (SR 2011/177).

Lost instruments

88 Actions on lost instruments

In case of any action founded on any negotiable instrument, the court may order that the loss of such instrument shall not be taken advantage of, provided an indemnity is given to the satisfaction of the court or a Registrar thereof against the claims of any other person upon such negotiable instrument.

Compare: 1856 No 3 s 17

Continued exercise of powers by judicial officers

Heading: inserted, on 1 November 1999, by section 2 of the Judicature Amendment Act (No 2) 1999 (1999 No 87).

88A Judicial officers to continue in office to complete proceedings

(1)

A judicial officer whose term of office has expired or who has retired may continue in office for the purpose of determining, or giving judgment in, proceedings that the judicial officer has heard either alone or with others.

(2)

A judicial officer must not continue in office under subsection (1) for longer than a month without the consent of the Minister of Justice.

(3)

The fact that a judicial officer continues in office does not affect the power to appoint another person to that office.

(4)

A judicial officer who continues in office is entitled to be paid the remuneration and allowances to which the officer would have been entitled if the term of office had not expired or the officer had not retired.

(5)

In this section, judicial officer means a person who has in New Zealand authority under an enactment to hear, receive, and examine evidence.

Compare: 1924 No 11 s 25A; 1973 No 46 s 2; 1994 No 22 s 3

Section 88A: inserted, on 1 November 1999, by section 2 of the Judicature Amendment Act (No 2) 1999 (1999 No 87).

Miscellaneous provisions and rules of law

88B Restriction on institution of vexatious actions

(1)

If, on an application made by the Attorney-General under this section, the High Court is satisfied that any person has persistently and without any reasonable ground instituted vexatious legal proceedings, whether in the High Court or in any inferior court, and whether against the same person or against different persons, the court may, after hearing that person or giving him an opportunity of being heard, order that no civil proceeding or no civil proceeding against any particular person or persons shall without the leave of the High Court or a Judge thereof be instituted by him in any court and that any civil proceeding instituted by him in any court before the making of the order shall not be continued by him without such leave.

(2)

Leave may be granted subject to such conditions (if any) as the court or Judge thinks fit and shall not be granted unless the court or Judge is satisfied that the proceeding is not an abuse of the process of the court and that there is prima facie ground for the proceeding.

(3)

No appeal shall lie from an order granting or refusing such leave.

Section 88B: inserted, as section 71A, on 22 October 1965, by section 3 of the Judicature Amendment Act 1965 (1965 No 62).

Section 88B section number: replaced, on 15 December 2005, by section 5(1) of the Judicature Amendment Act (No 2) 2005 (2005 No 107).

Section 88B(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

89 Administration suits
[Repealed]

Section 89: repealed, on 1 January 1953, by section 79(1) of the Administration Act 1952 (1952 No 56).

90 Stipulations not of the essence of contracts

Stipulations in contracts as to time or otherwise which would not, before 13 September 1882 (the date of the coming into force of the Law Amendment Act 1882), have been deemed to be or to have become the essence of such contracts in a court of equity shall receive in all courts the same construction and effect as they would have theretofore received in equity.

Compare: 1882 No 31 s 8

Section 90: amended, on 1 January 1986, by section 7 of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

91 Damages by collision at sea
[Repealed]

Section 91: repealed, on 1 May 1913, by section 10 of the Shipping and Seamen Amendment Act 1912 (1912 No 53).

92 Discharge of debt by acceptance of part in satisfaction

An acknowledgement in writing by a creditor, or by any person authorised by him in writing in that behalf, of the receipt of a part of his debt in satisfaction of the whole debt shall operate as a discharge of the debt, any rule of law notwithstanding.

Compare: 1904 No 12 s 2

93 Provisions of 9 Geo IV, c 14, ss 1 and 8, extended to acknowledgments by agents
[Repealed]

Section 93: repealed, on 1 January 1952, by section 35(2) of the Limitation Act 1950 (1950 No 65).

94 Judgment against one of several persons jointly liable not a bar to action against others

A judgment against 1 or more of several persons jointly liable shall not operate as a bar or defence to civil proceedings against any of such persons against whom judgment has not been recovered, except to the extent to which the judgment has been satisfied, any rule of law notwithstanding.

Compare: 1904 No 12 s 3

Section 94: amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

94A Recovery of payments made under mistake of law

(1)

Subject to the provisions of this section, where relief in respect of any payment that has been made under mistake is sought in any court, whether in civil proceedings or by way of defence, set off, counterclaim, or otherwise, and that relief could be granted if the mistake was wholly one of fact, that relief shall not be denied by reason only that the mistake is one of law whether or not it is in any degree also one of fact.

(2)

Nothing in this section shall enable relief to be given in respect of any payment made at a time when the law requires or allows, or is commonly understood to require or allow, the payment to be made or enforced, by reason only that the law is subsequently changed or shown not to have been as it was commonly understood to be at the time of the payment.

Section 94A: inserted, on 28 September 1958, by section 2 of the Judicature Amendment Act 1958 (1958 No 40).

Section 94A(1): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

94B Payments made under mistake of law or fact not always recoverable

Relief, whether under section 94A or in equity or otherwise, in respect of any payment made under mistake, whether of law or of fact, shall be denied wholly or in part if the person from whom relief is sought received the payment in good faith and has so altered his position in reliance on the validity of the payment that in the opinion of the court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case may be.

Section 94B: inserted, on 28 September 1958, by section 2 of the Judicature Amendment Act 1958 (1958 No 40).

95 Limitation of time within which wills may be impeached
[Repealed]

Section 95: repealed, on 1 January 1952, by section 35(2) of the Limitation Act 1950 (1950 No 65).

96 Jurisdiction as to costs in administration suits
[Repealed]

Section 96: repealed, on 1 January 1953, by section 79(1) of the Administration Act 1952 (1952 No 56).

97 Court empowered to grant special relief in cases of encroachment
[Repealed]

Section 97: repealed, on 18 September 1950, by section 3(2) of the Property Law Amendment Act 1950 (1950 No 27).

98 Custody and education of infants
[Repealed]

Section 98: repealed, on 1 January 1970, by section 35(1) of the Guardianship Act 1968 (1968 No 63).

98A Proceedings in lieu of writs

(1)

Where, immediately before the commencement of the Judicature Amendment Act (No 2) 1985,—

(a)

the court had jurisdiction to grant any relief or remedy or do any other thing by way of writ, whether of prohibition, mandamus, certiorari, or any other description; or

(b)

in any proceedings in the court for any relief or remedy any writ might have issued out of the court for the purpose of the commencement or conduct of the proceedings, or otherwise in relation to the proceedings, whether the writ might have issued pursuant to any rule or order of the court or of course,—

then, after the commencement of that Act,—

(c)

the court shall continue to have jurisdiction to grant that relief or remedy or to do that thing; but

(d)

the court shall not issue any such writ; and

(e)

the court shall grant that relief or remedy or do that thing by way of judgment or order under this Act and the High Court Rules; and

(f)

proceedings for that relief or remedy or for the doing of that thing shall be in accordance with this Act and the High Court Rules.

(2)

Subject to the High Court Rules, this section does not apply to—

(a)

the writ of habeas corpus; or

(b)

any writ of execution for the enforcement of a judgment or order of the court; or

(c)

any writ in aid of any such writ of execution.

Section 98A: inserted, on 1 January 1986, by section 8(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

99 In cases of conflict rules of equity to prevail

Generally in all matters in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter the rules of equity shall prevail.

Compare: 1882 No 31 s 11

99A Costs where intervener or counsel assisting court appears

(1)

Where the Attorney-General or the Solicitor-General or any other person appears in any civil proceedings or in any proceedings on any appeal and argues any question of law or of fact arising in the proceedings, the court may, subject to the provisions of any other Act, make such order as it thinks just—

(a)

as to the payment by any party to the proceedings of the costs incurred by the Attorney-General or the Solicitor-General in so doing; or

(b)

as to the payment by any party to the proceedings or out of public funds of the costs incurred by any other person in so doing; or

(c)

as to the payment by the Attorney-General or the Solicitor-General or that other person of any costs incurred by any of those parties by reason of his so doing.

(2)

Where the court makes an order pursuant to subsection (1)(b), the Registrar of the court shall forward a copy of the order to the chief executive of the Ministry of Justice who shall make the payment out of money appropriated by Parliament for the purpose.

Section 99A: replaced, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 99A(2): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

99B Technical advisers

(1)

The Court of Appeal or the Supreme Court may appoint a suitably qualified person (a technical adviser) to assist it by giving advice in an appeal in a proceeding involving a question arising from evidence relating to scientific, technical, or economic matters, or from other expert evidence, if the court is of the opinion that, in considering the evidence, it is desirable to have expert assistance.

(2)

The technical adviser must give the advice in such manner as the court may direct during the course of the proceeding on any question referred to the technical adviser.

(3)

Advice given by a technical adviser—

(a)

is information provided to the court; and

(b)

may be given such weight as the court thinks fit.

(4)

[Repealed]

Section 99B: inserted, on 31 August 1999, by section 3 of the Judicature (Rules Committee and Technical Advisers) Amendment Act 1999 (1999 No 88).

Section 99B(1): amended, on 1 January 2004, by section 45(1) of the Supreme Court Act 2003 (2003 No 53).

Section 99B(1): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 99B(4): repealed, on 1 January 2004, by section 45(2) of the Supreme Court Act 2003 (2003 No 53).

99C Appointment and other matters

(1)

A technical adviser may be appointed by the Court of Appeal on its own initiative or on the application of a party to the proceeding.

(2)

A technical adviser may be removed from office by the Court of Appeal for disability affecting performance of duty, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the court.

(3)

A technical adviser may resign office by notice in writing to the Court of Appeal.

(4)

The remuneration of a technical adviser must—

(a)

be fixed by the Court of Appeal; and

(b)

include a daily fee for any day on which the technical adviser is required to assist the court.

(5)

Civil or criminal proceedings may not be commenced against a technical adviser in relation to advice given to the Court of Appeal in good faith under section 99B.

Section 99C: inserted, on 31 August 1999, by section 3 of the Judicature (Rules Committee and Technical Advisers) Amendment Act 1999 (1999 No 88).

99D Procedure and rules relating to technical advisers
[Repealed]

Section 99D: repealed, on 18 October 2016, by section 182(1) of the Senior Courts Act 2016 (2016 No 48).

100 Independent medical examination

(1)

Where the physical or mental condition of a person who is a party to any civil proceedings is relevant to any matter in question in those proceedings, the High Court may order that that person submit himself to examination at a time and place specified in the order by 1 or more medical practitioners named in the order.

(2)

A person required by an order under subsection (1) to submit to examination may have a medical practitioner chosen by that person attend that person’s examination.

(3)

The court may order that the party seeking the order pay to the person to be examined a reasonable sum to meet that person’s travelling and other expenses of and incidental to the examination, including the expenses of having a medical practitioner chosen by that person attend that person’s examination.

(4)

Where an order is made under subsection (1), the person required by that order to submit to examination shall do all things reasonably requested, and answer all questions reasonably asked of that person, by the medical practitioner for the purposes of the examination.

(5)

If a person ordered under subsection (1) to submit to examination fails, without reasonable excuse, to comply with the order, or in any way obstructs the examination, the court may, on terms, stay the proceedings or strike out the pleading of that person.

(6)

This section applies to the Crown and every department of the public service.

(7)

Nothing in this section affects the provisions of the Workers’ Compensation Act 1956.

Section 100: replaced, on 1 January 1986, by section 9 of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

100A Regulations

(1)

Notwithstanding anything in sections 51 and 51C, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

prescribing the matters in respect of which fees are payable under this Act:

(b)

prescribing scales of fees for the purposes of this Act and for the purposes of any proceedings before the High Court or the Court of Appeal, whether under this Act or any other enactment:

(c)

prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings to which this Act applies:

(d)

in order to promote access to justice, empowering Registrars or Deputy Registrars of the High Court and the Court of Appeal to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding, or to refund, in whole or in part, such a fee that has already been paid, if satisfied on the basis of criteria specified under paragraph (da) that—

(i)

the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or

(ii)

unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued:

(da)

prescribing, for the purposes of the exercise of a power under paragraph (d), the criteria—

(i)

for assessing a person’s ability to pay a fee; and

(ii)

for identifying proceedings that concern matters of genuine public interest:

(db)

empowering Registrars or Deputy Registrars of the High Court and the Court of Appeal to postpone the payment of a fee pending the determination of—

(i)

an application for the exercise of a power specified in paragraph (d); or

(ii)

an application for review under section 100B:

(dc)

making provision in relation to the postponement, under the regulations, of the payment of any fee, which provision may (without limitation) include provision—

(i)

for the recovery of the fee after the expiry of the period of postponement; and

(ii)

for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:

(dd)

providing for the manner in which an application for the exercise of a power specified in paragraph (d) or paragraph (db) is to be made, including, without limitation, requiring such an application to be in a form approved for the purpose by the chief executive of the Ministry of Justice:

(e)

altering or revoking any rules relating to fees contained in the High Court Rules or the Court of Appeal Rules or any other rules of court.

(2)

No fee is payable for an application for the exercise of a power specified in subsection (1)(d) or (db).

Section 100A: replaced, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 100A(1)(d): replaced, on 9 October 2001, by section 4(1) of the Judicature Amendment Act 2001 (2001 No 83).

Section 100A(1)(da): inserted, on 9 October 2001, by section 4(1) of the Judicature Amendment Act 2001 (2001 No 83).

Section 100A(1)(db): inserted, on 9 October 2001, by section 4(1) of the Judicature Amendment Act 2001 (2001 No 83).

Section 100A(1)(dc): inserted, on 9 October 2001, by section 4(1) of the Judicature Amendment Act 2001 (2001 No 83).

Section 100A(1)(dd): inserted, on 9 October 2001, by section 4(1) of the Judicature Amendment Act 2001 (2001 No 83).

Section 100A(1)(dd): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

Section 100A(2): inserted, on 9 October 2001, by section 4(2) of the Judicature Amendment Act 2001 (2001 No 83).

100B Reviews of decisions of Registrars concerning fees

(1)

Any person who is aggrieved by any decision of a Registrar or Deputy Registrar under regulations made under section 100A(d) may apply for a review,—

(a)

in the case of a decision by the Registrar or a Deputy Registrar of the Court of Appeal, to a Judge of that court:

(b)

in the case of a decision by a Registrar or Deputy Registrar of the High Court, to a Judge or an Associate Judge of that court.

(2)

An application under subsection (1) may be made within 20 working days after the date on which the applicant is notified of the decision of the Registrar or Deputy Registrar, or within any further time that the Judge or Associate Judge allows on application made for that purpose either before or after the expiration of those 20 working days.

(3)

Applications under this section may be made on an informal basis.

(4)

Reviews under this section are—

(a)

conducted by way of rehearing of the matter in respect of which the Registrar or Deputy Registrar made the decision; and

(b)

dealt with on the papers, unless the Judge or Associate Judge directs otherwise.

(5)

On dealing with an application for a review of a decision of a Registrar or Deputy Registrar, the Judge or Associate Judge may confirm, modify, or reverse the decision of the Registrar or the Deputy Registrar.

(6)

No fee is payable for an application under this section.

Compare: 1991 No 71 s 16

Section 100B: inserted, on 9 October 2001, by section 5 of the Judicature Amendment Act 2001 (2001 No 83).

Section 100B(1)(b): amended, on 20 May 2004, pursuant to section 6(3) of the Judicature Amendment Act 2004 (2004 No 45).

Section 100B(2): amended, on 20 May 2004, pursuant to section 6(3) of the Judicature Amendment Act 2004 (2004 No 45).

Section 100B(4)(b): amended, on 20 May 2004, pursuant to section 6(3) of the Judicature Amendment Act 2004 (2004 No 45).

Section 100B(5): amended, on 20 May 2004, pursuant to section 6(3) of the Judicature Amendment Act 2004 (2004 No 45).

101 Words imputing unchastity to women actionable without special damage
[Repealed]

Section 101: repealed, on 29 September 1954, by section 23(1) of the Defamation Act 1954 (1954 No 46).

Schedule 1 Enactments consolidated

s 1(2)

Accidents Compensation Act 1901 (1901 No 4)

Administration Act Amendment Act 1904 (1904 No 15)

Section 2.

Commissioners of the Supreme Court Act 1875 (1875 No 82)

Court of Appeal Act 1882 (1882 No 30)

Courts of Justice (Technical Defects Removal) Act 1892 (1892 No 10)

Imprisonment for Debt Abolition Act 1874 (1874 No 14)

Section 15.

Imprisonment for Debt Abolition Act Amendment Act 1875 (1875 No 39)

Law Amendment Act 1856 (1856 No 3)

Law Amendment Act 1882 (1882 No 31)

Except section 13.

Law Amendment Act 1904 (1904 No 12)

Except sections 4, 8, and 10.

Mercantile Law Act 1880 (1880 No 12)

Sections 4, 41, 45–51, and 81–83.

Sheriffs Act 1883 (1883 No 5)

Slander of Women Act 1898 (1898 No 16)

Statute Law Amendment Act 1906 (1906 No 58)

Section 11.

Supreme Court Act 1882 (1882 No 29)

Except sections 33 and 34.

Supreme Court Judges Act 1903 (1903 No 9)

Supreme Court Practice and Procedure Acts Amendment Act 1893 (1893 No 16)

Supreme Court Practice and Procedure Acts Amendment Act 1907 (1907 No 23)

Supreme Court Practice and Procedure Amendment Act 1884 (1884 No 23)

Except section 4.

Schedule 2 High Court Rules

Schedule 2: replaced, on 1 February 2009, by section 8(1) of the Judicature (High Court Rules) Amendment Act 2008 (2008 No 90).

Contents

1.1Title
1.2Objective
1.3Interpretation
1.4Application
1.5Non-compliance with rules
1.6Cases not provided for
1.7Oral applications for relief
1.8Consent instead of leave of court
1.9Amendment of defects and errors
1.10Security
1.11Speaking in Māori
1.12Translation of documents into te reo Māori
1.13Failure to give notice
1.14Translation may be ordered by court
1.15Affidavit in language other than English
1.16Sign language
1.17Calculating periods of time
1.18When time expires when court registry is closed
1.19Extending and shortening time
1.20Lawyers’ duties
1.21Variation of forms
1.22Communication with foreign court
2.1Jurisdiction and powers
2.2Interim order on transfer of proceeding
2.3Review of decision
2.4Appeal to Court of Appeal
2.5Registrars’ jurisdiction and powers relating to interlocutory applications
2.6Additional jurisdiction for certain Registrars
2.7Limits on jurisdiction
2.8Powers ancillary to jurisdiction
2.9Jurisdiction in other registries
2.10Form of order
2.11Review of Registrar’s decision
3.1Registry hours
3.2Court holidays
3.3Sitting on court holidays
3.3AVacations
3.4Epidemics and emergencies
3.5Interpretation
3.6Application
3.7General right of access to formal court record and certain applications under Administration Act 1969
3.8Right of parties to access court file or documents
3.9Access to documents during substantive hearing stage
3.10Meaning of relevant deadline in rule 3.9
3.11Access to court files, documents, and formal court record in other cases
3.12Restrictions on access
3.13Applications for permission to access documents, court file, or formal court record other than at hearing stage
3.14Decisions on applications under rule 3.13
3.15Review of decisions by Registrar
3.16Matters to be taken into account
3.17Application for order
3.18Powers of court in relation to application
3.19Disposal of securities and income
4.1Limit on parties
4.2Plaintiffs
4.3Defendants
4.4Third parties
4.5Fourth parties
4.6Subsequent parties
4.7Status of third, fourth, and subsequent parties
4.8Court’s power and discretion
4.9Application of third party notice rules to fourth and subsequent party notices
4.10Requirements of third party notice
4.11Filing of third party notice
4.12Service on third party
4.13Service on plaintiff
4.14Filing and service of statement of defence
4.15Service of application for leave
4.16Setting aside third party notice
4.17Default in filing statement of defence
4.18Right to give notice
4.19Statement of claim to be filed and served
4.20Statement of defence
4.21Form of notice
4.22Effect of omission to give notice
4.23Trustees, executors, and administrators
4.24Persons having same interest
4.25Partners
4.26Person trading as firm
4.27Representation by other persons
4.28Relators
4.29Incapacitated person, litigation guardian, and minor defined
4.30Incapacitated person must be represented by litigation guardian
4.31Minor must be represented by litigation guardian
4.32Minor may apply to conduct proceeding without litigation guardian
4.33Application of rules 4.34 to 4.46 to minors
4.34Court may set aside step in proceeding
4.35Appointment of litigation guardian
4.36Application to be served on person for whom litigation guardian is to be appointed
4.37Notification of appointment
4.38Powers of litigation guardian
4.39Heading on documents when incapacitated person is represented
4.40Service of documents
4.41Representation to be disregarded in making award of costs
4.42Award of costs enforceable against incapacitated person or litigation guardian
4.43Liability of former litigation guardian for costs subsequently awarded against incapacitated person
4.44Compliance with liability order
4.45Litigation guardian may be reimbursed for costs out of property of incapacitated person
4.46Retirement, removal, or death of litigation guardian
4.47Procedure when person ceases to be incapacitated person
4.48Procedure when minor attains full age
4.49Proceeding not to come to end
4.50Procedure on death, bankruptcy, and devolution
4.51Devolution when proceeding pending
4.52New parties order
4.53Discharge or variation of new parties order
4.54Change of name
4.55Parties wrongly joined
4.56Striking out and adding parties
4.57Interpretation
4.58Right to interplead
4.59Form of application
4.60Affidavit in support
4.61Time for applying
4.62Claimants to file affidavits
4.63Powers of court
4.64Costs of applicant
5.1Identification of proper registry
5.2Non-complying documents
5.3Paper
5.4Contents to be typed, etc
5.5Margin
5.6Signature to be original
5.7Cover sheet, numbering, and fastening of document
5.8Description of document
5.9Heading generally
5.10Format of cover sheet
5.11Heading on statement of claim and counterclaim
5.12Heading on judgment and certain orders
5.13Heading on other documents
5.14Division into paragraphs
5.15Numbers
5.16Information at foot of cover sheet
5.17Distinct matters to be stated separately
5.18Denial of representative character
5.19Denial of contract
5.20Effect of document to be stated
5.21Notice requiring further particulars or more explicit pleading
5.22Notice of proceeding to be filed with statement of claim
5.23Requirements as to notice of proceeding
5.24When not necessary to file notice of proceeding
5.25Proceeding commenced by filing statement of claim
5.26Statement of claim to show nature of claim
5.27Statement of claim to specify relief sought
5.28Inclusion of several causes of action
5.29Joint plaintiffs
5.30Joining claims by or against spouses or partners
5.31Specifying relief sought
5.32Amount of money claim
5.33Special damages
5.34Set-off
5.35Representative capacity of party
5.36Authority to file documents
5.36AAuthority of certain Australian solicitors in certain trans-Tasman proceedings
5.37Solicitor’s warranty as to authorisation to file documents
5.38Solicitor on record
5.39Authority to sign documents
5.40Change of representation or address for service
5.41Withdrawal of solicitor who has ceased to act for party
5.42Address for service of party whose solicitor has ceased to act
5.43Solicitors to inform clients of orders or directions
5.44Memorandum at end of first document filed by party
5.45Order for security of costs
5.46Solicitor not to be surety
5.47Filing and service of statement of defence
5.48Requirements of statement of defence
5.49Appearance and objection to jurisdiction
5.50Appearance for ancillary purposes
5.51Appearance reserving rights
5.52Forms
5.53Counterclaim against plaintiff only
5.54Heading of counterclaim
5.55Filing and service
5.56Defence to counterclaim
5.57Counterclaim against plaintiff and another person
5.58Place of trial of counterclaim
5.59Status of counterclaim if proceeding stayed
5.60Counterclaim by counterclaim defendant
5.61Restriction when the Crown involved
5.62Duty to file and serve reply
5.63Contents of reply
5.64Application of rules
5.65Documents to be filed in proper registry
5.66On filing treated as proceeding
5.67Title of documents
5.68Time for filing statement of defence
5.69Transfer under section 45 of District Courts Act 1947
5.70Service generally
5.71Personal service required
5.72Prompt service required
5.73Extension of time for service
5.73ANotice of service to Registrar
6.1Methods of service
6.2Service of copies
6.3Notices
6.4Personal service on spouses or partners
6.5Service at address for service
6.6Service by means of post office box, document exchange, fax, or email
6.7Service under agreement
6.8Substituted service
6.9Notices to be given by Registrar
6.10Proof of service
6.11Personal service
6.12Personal service on New Zealand corporations
6.13Personal service in New Zealand on foreign corporations
6.13APersonal service on Australian corporations, partnerships, and attorneys
6.13BPersonal service in Australia on foreign corporations
6.14Personal service on unincorporated societies
6.15Personal service on partnership or apparent partnership
6.16Personal service on attorney or agent of absentee
6.17Service on representatives
6.18Service on solicitor
6.19Service of statement of claim on certain days void
6.20Failure to give address for service
6.21Service of foreign process
6.22Sheriff to effect service
6.23Method of service
6.24Return as to service
6.25Certification
6.26Sealing and transmission of certificate
6.27When allowed without leave
6.28When allowed with leave
6.29Court’s discretion whether to assume jurisdiction
6.30Service of other documents outside New Zealand
6.31Notice to defendant served outside New Zealand
6.32Service outside New Zealand
6.33Service through official channels
6.34Service in convention countries
6.35Time for filing defence
6.36Subpart does not apply to service in Australia of documents for or in certain trans-Tasman proceedings
7.1AAOutline of case management procedures for different types of proceedings
7.1Proceedings subject of case management
7.2Case management conferences generally
7.3First case management conferences
7.4Further case management conferences
7.5Issues conferences
7.6Allocation of key dates
7.7Steps after close of pleadings date restricted
7.8Pre-trial conferences
7.9Cancellation of conference
7.10Limitation of right of appeal
7.11Timetable and monitoring obligations
7.12Lists of proceedings
7.13Registrar’s functions in relation to hearing dates
7.14Case management conferences for appeals
7.15Directions for conduct of appeal
7.16Jury notice
7.17Case management conferences for proceedings under Part 30
7.18No steps after setting down date without leave [Repealed]
7.19Contents, form, and filing of interlocutory application
7.20Affidavit to be filed with application
7.21Filing by post
7.22Service of application and supporting affidavit
7.23Application without notice
7.24Notice of opposition to application
7.25Affidavit to be filed with notice of opposition
7.26Affidavit in reply
7.27Evidence normally given by affidavit
7.28Cross-examination of maker of affidavit
7.29Rules governing affidavits
7.30Statements of belief in affidavits
7.31When admissions binding
7.32Previous affidavits and agreed statements of fact
7.33Allocation of hearing date
7.34Mode of hearing
7.35Publication about hearing in chambers
7.36Application for summary judgment to be heard in open court
7.37No hearing required if respondents consent or do not oppose
7.38Respondent who consents, or who does not oppose, need not attend hearing
7.39Synopsis of argument
7.40Failure to attend
7.41Certain applications may be made orally at hearing
7.42Adjournment
7.43Making of interlocutory orders
7.43ADirections as to conduct of proceedings
7.44Power to grant interlocutory order or interlocutory relief
7.45Interlocutory orders may be made subject to conditions
7.46Determination of application without notice
7.47Drawing up and sealing interlocutory order
7.48Enforcement of interlocutory order
7.49Order may be varied or rescinded if shown to be wrong
7.50Order relating to management of proceeding may be varied if circumstances change
7.51Order may be rescinded if fraudulently or improperly obtained
7.52Limitation as to second interlocutory application
7.53Application for injunction
7.54Undertaking as to damages
7.55Preservation of property
7.56Sale of perishable property before hearing
7.57Order to transfer part of property to person with interest in property
7.58Interim payment of income to person with interest in income
7.59Application
7.60Address for service
7.61Receiver must give security
7.62Remuneration of receiver
7.63Accounts of receiver
7.64Examination of accounts
7.65Default by receiver
7.66Powers of receiver
7.67Accounts on death of receiver
7.68Interpretation
7.69Application for interim payment
7.70Order for interim payment in respect of damages
7.71Order for interim payment in respect of sums other than damages
7.72Method of payment
7.73Directions on interim payment application
7.74Non-disclosure of interim payment
7.75Adjustment on final judgment or order or on discontinuance
7.76Counterclaims and other proceedings
7.77Filing of amended pleading
7.78Recovery of specific property subject to lien or other security
7.79Court may assist in negotiating for settlement
7.80Arbitration by consent
7.81Interim relief in support of overseas proceedings
8.1Interpretation
8.2Co-operation
8.3Preservation of documents
8.4Initial disclosure
8.5Discovery orders to be made at case management conferences
8.6Two kinds of discovery
8.7Standard discovery
8.8Tailored discovery
8.9Presumption as to tailored discovery
8.10Obligation of party ordered to make tailored discovery
8.11Preparation for first case management conference
8.12Orders that may be made
8.13Solicitor’s discovery obligations
8.14Extent of search
8.15Affidavit of documents
8.16Schedule appended to affidavit of documents
8.17Variation of discovery order
8.18Continuing obligations
8.19Order for particular discovery against party after proceeding commenced
8.20Order for particular discovery before proceeding commenced
8.21Order for particular discovery against non-party after proceeding commenced
8.22Costs of discovery
8.23Incorrect affidavit of documents to be amended
8.24Who may swear affidavit of documents
8.25Challenge to privilege or confidentiality claim
8.26Crown documents and public interest
8.27Inspection of documents
8.28Privilege and confidentiality
8.29Order facilitating inspection
8.30Use of documents
8.31Effect of failure to include document
8.32Notice to produce documents or things
8.33Contempt of court
8.34Interrogatories by notice
8.35Duties of party served
8.36Limitation of interrogatories by notice
8.37Multiple parties
8.38Order to answer
8.39Contents of statement
8.40Objection to answer
8.41Who may swear affidavit verifying statement in answer to interrogatories
8.42Insufficient answer
8.43Incorrect answer to be amended
8.44Answers as evidence
8.45Public interest
8.46Defamation proceedings
8.47Notice to admit facts
8.48Judgment on admission of facts
9.1Objective and scope
9.2Exchange of documents and index
9.3Timing
9.4Preparation of common bundle
9.5Consequences of incorporating document in common bundle
9.6Consequence of not incorporating document in common bundle
9.7Requirements in relation to briefs
9.8Supplementary briefs
9.9Exchange of chronology of facts intended to be relied upon at trial or hearing
9.10Oral evidence directions
9.11Compliance with Evidence Act 2006
9.12Evidence-in-chief at trial
9.13Briefs not given in evidence
9.14Privilege and admissibility not affected by briefs
9.15Cross-examination duties
9.16Plaintiff’s synopsis of opening
9.17Order for examination of witness or for letters of request
9.18Security for costs for taking evidence outside New Zealand
9.19Documents for examiner
9.20Procedure for examination before examiner
9.21Examination of additional persons
9.22Objection to question
9.23Form of report
9.24Depositions as evidence
9.25Letters of request where convention exists
9.26Issue of letters of request
9.27Agents of parties
9.28Consequences of non-compliance with undertaking as to expenses
9.29Application by Solicitor-General on letters of request from abroad
9.30Order for medical examination
9.31Report
9.32Service of report
9.33Evidence of medical practitioner when medical examination ordered
9.34Order for inspection, etc
9.35Notice of application
9.36Appointment of court expert
9.37Submission of question to court expert
9.38Report of court expert
9.39Experiments and tests
9.40Cross-examination of court expert
9.41Remuneration of court expert
9.42Calling of expert witnesses
9.43Expert witness to comply with code of conduct
9.44Court may direct conference of expert witnesses
9.45Status of joint witness statement by expert witnesses
9.46Evidence of expert witnesses at trial
9.47Right to preserve evidence
9.48Procedures in which the Crown may have interest
9.49Examination of witness
9.50Subsequent admissibility
9.51Evidence to be given orally
9.52Issue of subpoenas
9.53Service of subpoena
9.54Evidence of person in custody
9.55Affidavit evidence by agreement
9.56Affidavit evidence under order of court
9.57Agreed statement of facts
9.58Interpretation
9.59Issue of subpoenas by High Court for service in Australia
9.60Leave to serve New Zealand subpoena on witness in Australia
9.61Service of subpoena on witness in Australia
9.62Application to set aside New Zealand subpoena
9.63Service of documents on applicant
9.64Hearing of application
9.65Failure to comply with subpoena
9.66Transmission of documents or things to Australian Court
9.67Evidence and submissions by remote appearance medium from Australia
9.68Application of rules 9.69 to 9.74
9.69Time for filing plaintiff’s affidavits
9.70Time for filing defendant’s affidavits
9.71Time for filing affidavits in reply
9.72Use of affidavits
9.73Swearing of affidavits
9.74Cross-examination of person who has sworn affidavit
9.75Person refusing to make affidavit
9.76Form and contents of affidavits
9.77Exhibits to affidavits
9.78Interlineation, alteration, or erasure in affidavit
9.79Irregularity in form of affidavit
9.80Service copies of affidavits
9.81Affidavit may be sworn on Sunday
9.82Affidavits made on behalf of corporation
9.83Affidavit by 2 or more persons
9.84Affidavit by blind or illiterate person
9.85Authority to take affidavits in New Zealand
9.86Authority to take affidavits in places outside New Zealand
9.87Meaning of authenticated deposition
9.88Admissibility of authenticated deposition
9.89Application of other rules
10.1Venue and changing it
10.2Adjournment of trial
10.3Method of trial
10.4Court may order separate trials
10.5Existence or accuracy of record
10.6When neither party appears
10.7When only plaintiff appears
10.8When only defendant appears
10.9Judgment following non-appearance may be set aside
10.10When both parties appear
10.11When proceeding tried with jury
10.12When order may be made
10.13Application of rule 10.12
10.14Definition of question
10.15Orders for decision
10.16Removal into Court of Appeal
10.17Agreed result
10.18Record, etc, of decision
10.19Disposal of proceeding if proceeding substantially affected by decision of question
10.20Form and contents of case
10.21Insufficient case or disputed facts or documents
10.22Counsel assisting
10.23Interpretation
10.24Judge may preside at hearing of certain matters by video link
10.25Requirements for hearing by video link
10.26Incidental directions
11.1Interpretation
11.2Types of judgment
11.3How judgment given
11.4Time judgment given
11.5Delivery time of written judgment
11.6Form of judgment
11.6AGeneral court order
11.7Duplicate judgments
11.8Death or incapacity of Judge before judgment
11.9Recalling judgment
11.10Correction of accidental slip or omission
11.11Judgments to be sealed, dated, and served
11.12When judgment takes effect
11.13Steps before judgment sealed
11.14Registrar’s role on receipt of judgment
11.15Judgment after proceeding tried with jury
11.16Leave to apply to set aside judgment
11.17Judgment not in accordance with verdict
11.18Application for judgment on special verdict or subject to special case
11.19Application for judgment by both parties
11.20Conduct of proceedings after judgment
11.21Applying for dismissal because of inactivity
11.22Judgment directing sale of property
11.23Judgment for balance of claim over counterclaim
11.24Judgment for balance of counterclaim
11.25Cross judgments
11.26Judgment if third party defends
11.27Interest on judgment debt
11.28Satisfaction of judgment
12.1Application of summary judgment procedure
12.2Judgment when there is no defence or when no cause of action can succeed
12.3Summary judgment on liability
12.4Interlocutory application for summary judgment
12.5Service out of New Zealand
12.6Requirements as to notice of proceeding
12.7Time for service
12.8Postponement of hearing
12.9Notice of opposition and affidavit in answer
12.10Statement of defence
12.11Affidavits in reply
12.12Disposal of application
12.13Time for filing statement of defence on dismissal of plaintiff’s application
12.14Setting aside judgment
12.15Discontinuance
12.16Application to counterclaims and claims against third parties
13.1Interpretation
13.2Application of Part
13.3Defendants
13.4Affidavit in support
13.5Service
13.6Time for filing statement of defence
13.7Power of court to make unlawful occupiers defendants
13.8Judgment for possession
13.9Possession order
14.1Costs at discretion of court
14.2Principles applying to determination of costs
14.3Categorisation of proceedings
14.4Appropriate daily recovery rates
14.5Determination of reasonable time
14.6Increased costs and indemnity costs
14.7Refusal of, or reduction in, costs
14.8Costs on interlocutory applications
14.9Costs may be determined by different Judge or Associate Judge
14.10Written offers without prejudice except as to costs
14.11Effect on costs
14.12Disbursements
14.13Proceedings within jurisdiction of District Court
14.14Joint and several liability for costs
14.15Defendants defending separately
14.16Claim and counterclaim both established
14.17Set-off if costs allowed to both parties
14.18Appointment to tax costs
14.19Taxation of disbursements
14.20No charge allowed for bill of costs
14.21Registrar sole judge of questions of fact
14.22Direction to Registrar to ascertain expenses
14.23Review of taxation
15.1Dismissing or staying all or part of proceeding
15.2Dismissal for want of prosecution
15.3Application where appearance
15.4Affidavits to be filed
15.5When several causes of action
15.6When several defendants
15.7Liquidated demand
15.8Recovery of land or chattels
15.9Formal proof for other claims
15.10Judgment may be set aside or varied
15.11Overseas service cases
15.12Other proceedings [Repealed]
15.13Judgment may be set aside or varied [Repealed]
15.14Overseas service cases [Repealed]
15.15Judgment on admission of facts
15.16Admission of cause of action
15.17Admission of defence
15.18Interpretation
15.19Right to discontinue proceeding
15.20Restrictions on right to discontinue proceeding
15.21Effect of discontinuance
15.22Court may set discontinuance aside
15.23Costs
15.24Restriction on subsequent proceedings
15.25Certain remedies not affected
16.1Interpretation
16.2Orders for accounts and inquiries
16.3Directions
16.4Summary order for accounts
16.5Mutual accounts
16.6Account-taker
16.7Direction as to evidence
16.8Remuneration of accountant
16.9Form and verification of account
16.10Filing and service of account
16.11Notice of receipt that is not admitted
16.12Notice of error
16.13Admission of items
16.14Appointment and notice for taking accounts
16.15Parties to attend account hearing
16.16Adjournment of account hearing
16.17Power of summary decision
16.18Examination of accounting party
16.19Production of documents
16.20Interest on debts of deceased person
16.21Interest on legacies
16.22Accounting and estimates
16.23Directions for inquiries
16.24Powers of persons taking accounts or making inquiries
16.25Duty of persons summoned to attend
16.26Time for proving claims
16.27Statement of claim to be filed
16.28Failure to claim within time
16.29Result to be certified
16.30Party may ask for court’s decision
16.31Certificate when approved to be signed by Judge
16.32Effect of certificate when filed
16.33Distribution before all persons entitled are ascertained
16.34Payment of share carried over to separate trust account
17.1Interpretation
17.2Method of enforcing orders
17.3Method of enforcing judgments
17.4No excessive recovery
17.5No enforcement against the Crown
17.6Enforcement by or against non-parties
17.7Enforcement against partners or alleged partners
17.8Issuing enforcement process as of right
17.9When leave to issue enforcement process necessary
17.10Notice to liable party to complete financial statement
17.11Interpretation
17.12Order for examination
17.13Service of order for examination
17.14Examining party’s affidavit
17.15Procedure for examination
17.16Adjournment of hearing
17.17Orders by court
17.18Failure to comply with order for examination
17.19Certification of breach of arrest order
17.20Discharge of arrest order
17.21Enforcement process to conform with judgment
17.22Preparation and issue of enforcement processes
17.23Date of enforcement process
17.24Currency and renewal of enforcement processes (except for charging orders)
17.25Expenses of enforcement
17.26Concurrent enforcement processes
17.27Return of enforcement process
17.28Reissue of enforcement process
17.29Stay of enforcement
17.30Enforcement process may be set aside
17.31Interpretation
17.32Effect of attachment order
17.33When attachment order may be issued
17.34Attachment order to be served on employer
17.35Priority of attachment order
17.36Protected earnings amount
17.37Liability of employer
17.38Attachment orders in State services
17.39Variation, suspension, and discharge of attachment orders
17.40Effect of charging order
17.41Leave to issue charging order
17.42Issue of charging order without leave after judgment
17.43Charging order where amount involved small
17.44Application for relief by persons prejudicially affected
17.45Claim of third party on property charged
17.46Apportionment when more than 1 charging order
17.47Charging order for land final when issued
17.48Registration of charging order under Land Transfer Act 1952
17.49Registration of charging order not under Land Transfer Act 1952
17.50Sale before registration of charging order
17.51Discharge of land from charging order
17.52Lapse of charging order after 2 years
17.53Personal property may be charged
17.54Interim charging order in first instance
17.55Effect of interim charging order
17.56Liability of persons breaching interim charging order
17.57Money may be paid into court
17.58Court may order sale of property affected
17.59Application to make final charging order after judgment
17.60Execution after charging order made final
17.61Discharge of person served with order
17.62Effect of sale order
17.63When sale order may be issued
17.64Execution for less than full amount of judgment
17.65Recovery of money owing on cheques and other securities
17.66Discharge of person paying on cheque or other security
17.67Disposal of proceeds
17.68Not necessary to seize land
17.69Moving seized chattels
17.70Place of sale
17.71Advertising of notice of sale
17.72Service of notice of sale on liable party
17.73Contents of notice of sale
17.74Method and conditions of sale
17.75Powers of enforcing officer in relation to sale by auction
17.76Power of enforcing officer to seize title deeds
17.77Order of sale of land and chattels
17.78Power of liable party or mortgagee to give directions concerning sale of land
17.79Transfers, etc, to purchaser
17.80Effect of possession order
17.81When possession order may be issued
17.82Combined sale and possession order
17.83Effect of arrest order
17.84Power to issue arrest order
17.85Power to commit to prison for disobedience
17.86Effect of sequestration order
17.87Power to issue sequestration order
17.88Arrest of absconding debtor
17.89Process for order to arrest and imprison defendant
17.90Security by absconding debtor
17.91Orders about security
17.92Discharge on payment
18.1Types of proceedings
18.2Limited application of this Part to proceedings under Property (Relationships) Act 1976
18.3This Part subject to rules under other Acts
18.4Commencement of proceedings
18.5Naming of defendants in cases involving deceased estates or trusts
18.6Persons served by direction of court need not be named as defendant
18.7Applications for directions as to service
18.8Orders giving directions as to service
18.9Proceeding without service
18.10Time for serving claimant’s affidavit in proceedings under Family Protection Act 1955
18.11Time for serving affidavit in support of appearance
18.12Statement of defence to be filed
18.13Joining in proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949
18.14Joinder of claims and consolidation
18.14AProcedure under section 174 of Companies Act 1993
18.14BService of order made under section 174 of Companies Act 1993
18.15Evidence generally by agreed statement of facts or affidavit
19.1Meaning of originating application
19.2Applications under certain enactments
19.3Application of this Part to certain kinds of proceeding
19.4Certain directions may be sought by originating application
19.5Court may permit proceeding to be commenced by originating application
19.5ADirections as to filing of statement of claim and defence
19.6Certain proceedings must be commenced by interlocutory application
19.7Commencement of proceeding
19.8Memorandum relating to filing and address for service
19.9Heading of documents
19.10Application of rules relating to interlocutory applications
19.11Directions as to parties and conduct of applications
19.12Originating applications relating to certain proceedings under Companies Act 1993
19.12ASpecial provisions for service of applications to remove caveats or set aside statutory demands
19.13Evidence
19.14Cross-examination of person making affidavit
20.1Application of this Part
20.2Interpretation
20.3Application for leave to appeal to court
20.4Time for appeal if there is right of appeal
20.5Commencement of periods in rules 20.3 and 20.4
20.6When appeal brought
20.7Power to dispense with service
20.8Filing notice of appeal
20.9Contents of notice of appeal
20.10Stay of proceedings
20.11Cross-appeal
20.12Dismissal or stay or abandonment of appeal or cross-appeal
20.13Security for appeal
20.14Order for transcript of evidence
20.15Report by decision-maker
20.16Further evidence
20.17Decision-maker entitled to be heard on appeal
20.18Appeal is rehearing
20.19Powers of court on appeal
20.20Repayment of judgment sum and interest
20.21Registrar to notify result of appeal
20.22Applications for leave
21.1Application
21.2Some rules in Part 20 apply
21.3Interpretation
21.4Method of commencing appeal or reference
21.5Time for appeal
21.6Notice of appeal
21.7Place for filing notice
21.8Lodging of draft case stated
21.9Contents of case
21.10Order for transcription of evidence
21.11When case deemed to be stated
21.12Power to amend case
21.13Security for costs
21.14Determination of questions
22.1Interpretation
22.2Appointment
22.3Nominating scientific adviser and settling questions and instructions
22.4Report
22.5Cross-examination
22.6Experiment or test
22.7Further or supplementary report
22.8Remuneration
22.9Application of subpart to application under section 89
22.10Notifying Commissioner
22.11Advertisement
22.12Right to be heard
22.13Time for making application
22.14Service of notice of interlocutory application
22.15Duty of court to give directions
22.16Procedure when amendment allowed
22.17Application by originating application
22.18Respondent begins proceeding
22.19Particulars if validity of patent disputed
22.20Particulars if want of novelty alleged
22.21Service of notice on Solicitor-General
22.22Particulars supplied by plaintiff
22.23Particulars supplied by defendant [Repealed]
22.24Evidence restricted to particulars delivered
22.25Amendment of particulars
22.26Application of Part 20
22.27Method and time of bringing appeal
22.28Contents of notice of appeal
22.29Grounds of appeal
22.30Service of notice of appeal
22.31Commissioner to transmit papers
22.32Contentions raised by respondent
22.33Respondent’s notice
22.34Appeal by way of rehearing
22.35Proceeding heard and determined in public
22.36Documentary evidence
22.37Cross-examination of witnesses
22.38Costs
23.1Scope and interpretation
23.2Application of other Parts
23.3Subpart subject to Orders in Council
23.4Method of application for registration
23.5Title and content of application
23.6Place of filing
23.7Supporting affidavits
23.8Copy judgment and translation
23.9Judicial notice of authentication of judgment
23.10Evidence of exchange rates and interest
23.11Evidence of right to registration
23.12Further evidence
23.13Registration of part of judgment
23.14Security for costs
23.15Order for registration
23.16Method of registration
23.17Date of registration
23.18Notice of registration
23.19Contents of notice of registration
23.20Application to set aside registration
23.21Determination of certain questions
23.22Enforcement of judgments
23.23Form of enforcement process
23.24Method of application
23.25Issue of certified copy
[Repealed]
23.26Interpretation [Repealed]
23.27Scope [Repealed]
23.28Application of other Parts [Repealed]
23.29Method of application [Repealed]
23.30Title of proceeding [Repealed]
23.31Place of filing [Repealed]
23.32Evidence of exchange rates and interest [Repealed]
23.33Method of registration [Repealed]
23.34Notice of registration [Repealed]
23.35Contents of notice of registration [Repealed]
23.36Service of copy of judgment, order, or injunction [Repealed]
23.37Copy of judgment, order, or injunction to be filed if facsimile produced [Repealed]
23.38Application to set aside registration or for stay of enforcement [Repealed]
24.1Interpretation
24.2Application of Part
24.3Application of general rules and practice of court
24.4Forms
24.5General requirements of documents filed in court
24.6Advertising of notices or proceedings
24.7Discretion of court as to method of taking evidence
24.8Issue of bankruptcy notice
24.9Service of bankruptcy notice in New Zealand
24.10Setting aside bankruptcy notice
24.11Application for adjudication by creditor
24.12Verification of creditor’s application
24.13Where application for adjudication to be filed
24.14Registrar to fix hearing date for creditor’s application
24.15Court may alter hearing date for creditor’s application
24.16Service of creditor’s application on debtor
24.17Service of creditor’s application on trustee or supervisor
24.18Debtor’s notice of intention to oppose adjudication
24.19Affidavit evidence of applicant creditor
24.20Applicant creditor’s solicitor’s certificate as to unpaid debt
24.21Death of debtor against whom application filed
24.22Applicant to deposit sum for Official Assignee’s expenses
24.23Official Assignee may seek additional sum where original deposit insufficient
24.24Notification of order appointing Official Assignee as receiver and manager
24.25Repayment of deposits after order of adjudication
24.26Dismissal of application after order appointing Official Assignee as manager and receiver
24.27Application for order under section 147
24.28Official Assignee’s report
24.29Official Assignee to notify employer, etc, about proposed assignment or charge
24.30Official Assignee to serve order of assignment, etc
24.31Application for order approving composition
24.32Notice to Official Assignee of application to approve composition
24.33Notice of application to approve composition
24.34Official Assignee to account when composition approved
24.35Applications by Official Assignee for cancellation of irregular transactions or retransfer of property or payment of value
24.36Filing and service of objection to discharge
24.37Service, etc, of notice of application for discharge
24.38Report of Official Assignee
24.39Opposition by creditor to discharge
24.40Conditions affecting salary, etc, after order of discharge
24.41Annulment of adjudication to be advertised
24.42Proposal and statement of affairs and affidavit
24.43Trustee’s report on proposal
24.44Application for order to administer under Part 6 of Act
24.45Application by creditor or beneficiary
24.46Duty of Registrar when order made
24.47Duty of administrator when order made
24.48Person who has intermeddled in estate may be ordered to give particulars
24.49Administration election
24.50Applications to vary or discharge order or decision of Registrar or District Court Judge
24.51Appeals to Court of Appeal
24.52Applications to court by Official Assignee
24.53Official Assignee’s liability for costs
24.54Filing decisions of District Court
24.55Interpretation
24.56Applications for recognition of foreign proceedings
24.57Other procedural requirements
24.58Relief after recognition
24.59Modification or termination
24.60Appointment of administrator under section 239L of Companies Act 1993
24.61Applications in course of administration
24.62Proper registry of court
25.1Interpretation
25.2Scope of this Part
25.3Application of other rules and practice of court
25.4Parties can apply for directions if procedure not prescribed
25.5Form of application
25.6Action in personam or in rem, or both, started by notice of proceeding
25.7Notice of proceeding for action in personam
25.8Notice of proceeding for action in rem
25.9Notice of proceeding for action both in rem and in personam
25.10How to serve notice of proceeding in action in rem on ship, cargo, or other property
25.11Other provisions about service in action in rem
25.12Defendant must enter appearance
25.13Content of memorandum
25.14Time limits for entering appearance
25.15Provisions about filing
25.16Service of memorandum
25.17Defendant may apply for orders
25.18Solicitor’s undertaking
25.19Substituted defendants, third parties, and interveners
25.20Statement of claim
25.21Statement of defence
25.22Meaning of preliminary act
25.23Preliminary acts to be filed in collision cases
25.24Proceedings against party in default where other party fails to lodge preliminary act
25.25Actions for limitation of liability
25.26Plaintiff must apply to court within 5 working days
25.27Protection against other parties
25.28Order limiting plaintiff’s liability
25.29Who may seek judgment by default in action in personam
25.30Default in filing and service of statement of claim
25.31Third parties
25.32Application for judgment by default in action in rem
25.33Judgment by default in action in rem
25.34Application for warrant of arrest of property
25.35Issue of warrant of arrest
25.36Service of warrant
25.37Currency of warrant
25.38Notice of arrest of property
25.39No Crown indemnity required
25.40Contempt to move ship under arrest
25.41Application for directions concerning property under arrest
25.42Request for caveat against arrest of property
25.43Entry of caveat
25.44Request for instrument of release
25.45Issue of release
25.46Caveat against release and payment
25.47Discharge of cargo under arrest from ships not under arrest and of cargo not under arrest
25.48Security
25.49Payment out of court
25.50Interveners
25.51Appraisement and sale of property
25.52Determination of priority of claims where court orders sale of ship
25.53Inspection of ship, etc
25.54Consent orders
25.55Registrar may seek court’s assistance
25.56Parties may seek review of Registrar’s decision
26.1Interpretation
26.2Application
26.3Originating application to commence appeal
26.4Affidavit to be filed in support
26.5Service
26.6Amending appeal grounds
26.7Notice of opposition to application
26.8Cross-appeal
26.9Record of arbitration
26.10Service and filing of record
26.11Transcript of evidence
26.12Service and filing of transcript
26.13Hearing of appeal
26.14Leave to appeal to Court of Appeal
26.15Applications for leave to appeal
26.16Submissions
26.17Granting leave
26.18Refusing leave
26.19Applying to Court of Appeal for leave to appeal
26.20Entry of judgment if all parties agree
26.21Entry of judgment in other cases
26.22Application for entry of award as judgment
26.23Affidavit to be filed in support
26.24Service
26.25Entry as judgment without notice in exceptional circumstances
26.26Entry as judgment if defendant takes no steps
26.27Opposition to entry as judgment
27.1Wills and intestacies to which this Part applies
27.2Interpretation
27.3Kinds of applications for grants
27.4Applications without notice
27.5Restrictions if possibly invalid will exists
27.6Applications in solemn form
27.7Respondents and additional parties
27.8Compromises
27.9Pleadings
27.10Where application is filed
27.11Where caveat is lodged
27.12Evidence of death
27.13Sale of perishable property
27.14Registrars may make some orders
27.15Application of rules 27.16 to 27.28
27.16Evidence as to execution
27.17Evidence of validity
27.18Doubt as to will-maker’s understanding
27.19Doubt as to originality of signature
27.20Doubt as to date
27.21Changes
27.22Revocations or revivals by other document
27.23Revocation
27.24Duplicate wills
27.25Circumstances in which grant may be made
27.26Priority of potential administrators for purposes of rule 27.25
27.27Proving entitlement to grant
27.28Grant while executor is minor
27.29Time for making grant
27.30Grants to attorneys
27.31Common or solemn form
27.32Inventory and account filed by administrator
27.33Administration of overseas assets
27.34Recall of grant
27.35Order of priority for grant in case of intestacy
27.36Justification of entitlement to grant
27.37Form of application for commission
27.38Affidavit in support
27.39Documents to be filed and verified
27.40Power to adopt previous accounts
27.41Power to refer matter to Registrar for inquiry
27.42Notice of inquiry by Registrar
27.43Evidence before Registrar
27.44Costs
27.45Power to dispense with rules
28.1Interpretation
28.2Commencement of New Zealand proceedings
28.3Registry of court in which proceedings to be commenced
28.4Issue of subpoenas for service in Australia
28.5Service of subpoena
28.6Subpoenas for production
28.7Setting aside subpoena issued in New Zealand proceeding
28.8Failure to comply with subpoena in New Zealand proceeding
28.9Payment of additional amounts to persons complying with subpoena in New Zealand proceeding
28.10Transmission of documents to Federal Court
28.11Certification of judgments, orders, and injunctions in New Zealand proceedings
28.12Evidence and submissions by video link and telephone conference
29.1Interpretation
29.2Application of this Part
29.3Entry on commercial list by endorsement
29.4Entry on commercial list by order
29.5Entry on commercial list of appeals against determinations of Commerce Commission
29.6Entry on commercial list of applications for directions by liquidators or receivers
29.7Documents to be served on and filed and served by defendant
29.8Heading of documents
29.9Interlocutory applications
29.10Application for directions
29.11Response to application for directions
29.12Hearing of application for directions
29.13Removal from list
29.14Proceedings in other registries
29.15Memorandum that decision will be final
29.16Additional powers of commercial list Judge
29.17Disputes concerning construction
29.18Form of documents
30.1Crown Proceedings Act 1950 not affected
30.2Interpretation
30.3Procedure
30.4Interim orders
31.1Application
31.2Hearing of applications
31.3Applications to be made by statement of claim
31.4Proper registry of court
31.5Notice of proceeding and verifying affidavit
31.6Date of hearing
31.7Exclusion of rules relating to setting down [Repealed]
31.8Directions [Repealed]
31.9Advertisement of application
31.10Restriction on advertising of proceeding
31.11Power to stay liquidation proceedings
31.12Service of proceeding
31.13Affidavit of service
31.14Evidence of advertising
31.15Entitlement to copy of statement of claim, etc
31.16Statement of defence
31.17Time for filing statement of defence
31.18Appearance
31.19Time for filing appearance
31.20Effect of failure to file statement of defence or appearance
31.21Evidence as to unpaid debts
31.22Interlocutory applications
31.23Power to appoint interim liquidator
31.24Additional and substituted plaintiffs in liquidation proceeding
31.25Consolidation of proceedings
31.26Discontinuance of proceeding
31.27Requirements in relation to order appointing interim liquidator
31.28Costs, charges, and expenses of interim liquidator and Official Assignee
31.29Obligation to send notice of order appointing liquidator or interim liquidator of company
31.30Order and copies to be sealed
31.31Contents of order putting company into liquidation
31.32Transmission of order putting company into liquidation
31.33Service of order made under section 174 of Companies Act 1993 [Repealed]
31.34Service of notice to officer executing process that company being put into liquidation
31.35Procedure in respect of miscellaneous applications
31.36Applications involving allegations of fraud, negligence, misfeasance, or similar behaviour
31.37Liquidator’s notice to set aside voidable transaction or voidable charge
31.38Proper registry of court
31.39Transitional provision for companies registered under the Companies Act 1955
32.1Interpretation
32.2Freezing order
32.3Ancillary order
32.4Respondent need not be party to proceeding
32.5Order against judgment debtor or prospective judgment debtor or third party
32.6Form and further terms of freezing order
32.7Duration of freezing order
32.8Discharge or variation of freezing order
32.9Jurisdiction
32.10Costs
33.1Interpretation
33.2Search order
33.3Requirements for grant of search order
33.4Restriction on entrants
33.5Applicant’s undertaking and duty
33.6Terms of search order
33.7Independent solicitors
33.8Review of search
33.9Costs
[Repealed]

Part 1 Rules of general application

Subpart 1—Objective and interpretation

1.1 Title

These rules are the High Court Rules.

Compare: 1908 No 89 Schedule 2 r 1

1.2 Objective

The objective of these rules is to secure the just, speedy, and inexpensive determination of any proceeding or interlocutory application.

Compare: 1908 No 89 Schedule 2 r 4

1.3 Interpretation

(1)

In these rules, unless the context otherwise requires,—

Act means the Judicature Act 1908

address for service, in relation to a party, means the address of a place in New Zealand at which a document may be left for that party, or to which it may be sent by post to that party, under these rules or, if the party is a defendant as defined in section 4(1) of the Trans-Tasman Proceedings Act 2010 who is served in Australia under section 13 of that Act with an initiating document for a proceeding, the address of a place in New Zealand or Australia that, under section 18 of that Act, is or is to be treated as the defendant’s address for service for the proceeding

appearance means a document that states a person’s address for service, and is either—

(a)

an appearance and objection to the jurisdiction of the court under rule 5.49; or

(b)

an appearance for ancillary purposes under rule 5.50; or

(c)

an appearance reserving rights under rule 5.51; or

(d)

an appearance authorised by any other rule

case management conference means a conference conducted under subpart 1 of Part 7

chattels includes all things that are not land

civil means not criminal

civil proceedings, in relation to the Crown, has the same meaning as in section 2(1) of the Crown Proceedings Act 1950

control, in relation to a document, means—

(a)

possession of the document; or

(b)

a right to possess the document; or

(c)

a right, otherwise than under these rules, to inspect or copy the document

court means the High Court; and includes—

(a)

a Judge of the High Court; and

(b)

an Associate Judge of the High Court exercising the jurisdiction conferred on an Associate Judge by the Act or by rules made under section 26J of the Act

court holiday means a day that is a holiday under rule 3.2

the Crown has the same meaning as in section 2(1) of the Crown Proceedings Act 1950

defendant means a person served or intended to be served with a proceeding (other than a third or subsequent party served with a proceeding under rule 4.12)

document means—

(a)

any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds, or from which such symbols, images, or sounds can be derived, and includes—

(i)

a label, marking, or other writing that identifies or describes a thing of which it forms part, or to which it is attached:

(ii)

a book, map, plan, graph, or drawing:

(iii)

a photograph, film, or negative; and

(b)

information electronically recorded or stored, and information derived from that information

electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic, and electronically has a corresponding meaning

expert means a person who has specialised knowledge or skill based on training, study, or experience

expert evidence means the evidence of an expert based on the specialised knowledge or skill of that expert and includes evidence given in the form of an opinion

to file, in relation to any document, means to lodge the document in the form required by these rules in, or to send it by post or electronically in accordance with these rules to, the proper registry of the court, together with the fee (if any) payable for filing it

hearing date, in relation to an interlocutory application or a proceeding, means the date on which, and the time at which, the application or the proceeding is to be heard

hearing in chambers means a hearing that takes place in circumstances in which the general public is not admitted, except with the leave of the Judge, and includes any conference held under these rules

interlocutory application means an application made in accordance with rule 7.19 or 7.41

interlocutory order

(a)

means an order or a direction of the court that—

(i)

is made or given for the purposes of a proceeding or an intended proceeding; and

(ii)

concerns a matter of procedure or grants some relief ancillary to that claimed in a pleading; and

(b)

includes—

(i)

an order for a new trial; and

(ii)

an order striking out the whole or part of a pleading; and

(iii)

an order varying or rescinding an interlocutory order

Judge means a Judge of the High Court; and includes an Associate Judge of the High Court exercising the jurisdiction conferred on an Associate Judge by the Act or by rules made under section 26J of the Act

land includes any estate, right, title, or interest in land

lawyer has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006

Māori means a person of the Māori race of New Zealand; and includes any descendant of that person

nearer or nearest, in relation to any place, means nearer or nearest by the most practicable route

notice of proceeding means a notice filed under rule 5.22

opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact

opposite party means, in relation to any party, any other party whose interests are opposed to those of that party

party means any person who is a plaintiff or a defendant or a person added to a proceeding

plaintiff means the person by whom or on whose behalf a proceeding is brought

pleading includes a statement of claim, a statement of defence, a reply, and a counterclaim

proceeding means any application to the court for the exercise of the civil jurisdiction of the court other than an interlocutory application

property includes real and personal property, and any estate or interest in any property real or personal, and any debt, and any thing in action, and any other right or interest

Registrar includes a Deputy Registrar

respondent, in relation to an interlocutory application, means a party on whom the application has been served

these rules means the High Court Rules

trial includes a hearing before a Judge alone

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 January in the following year; and

(c)

if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday.

(2)

A word or an expression in a rule or form in these rules not defined in these rules but defined in an enactment dealing with the subject matter of that rule or form, unless the context otherwise requires, has the meaning given to it by that enactment.

(3)

In these rules, unless the context otherwise requires, a reference to a numbered form is a reference to the form so numbered in Schedule 1 of these rules.

(4)

In a judgment, order, direction, or other document forming part of a proceeding or of an interlocutory application, unless the context otherwise requires,—

month means a calendar month

working day has the same meaning as in subclause (1).

Compare: 1908 No 89 Schedule 2 r 3

Schedule 2 rule 1.3(1) address for service: amended, on 11 October 2013, by rule 4 of the High Court (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/351).

Schedule 2 rule 1.3(1) case management conference: amended, on 4 February 2013, by rule 4 of the High Court Amendment Rules (No 2) 2012 (SR 2012/409).

Schedule 2 rule 1.3(1) working day paragraph (b): amended, on 1 July 2015, by rule 4(1) of the High Court Amendment Rules 2015 (LI 2015/102).

Schedule 2 rule 1.3(1) working day paragraph (c): inserted, on 1 July 2015, by rule 4(2) of the High Court Amendment Rules 2015 (LI 2015/102).

Subpart 2—Application and compliance

1.4 Application

(1)

The practice and procedure of the court in all civil proceedings and interlocutory applications is regulated by these rules.

(2)

Despite subclause (1), these rules do not apply to—

(a)

appeals to the Court of Appeal; or

(b)

appeals to the Supreme Court.

(3)

These rules are subject to—

(c)

any statute prescribing the practice and procedure of the court in a proceeding or an appeal or application for leave to appeal under that statute:

(d)

rules made under section 51C of the Act prescribing the procedure applicable in respect of any class of civil proceedings.

(4)

If in any civil proceedings any question arises as to the application of any provision of these rules, the court may, either on the application of a party or on its own initiative, determine the question and give any directions it thinks just.

Compare: 1908 No 89 Schedule 2 r 2

1.5 Non-compliance with rules

(1)

A failure to comply with the requirements of these rules—

(a)

must be treated as an irregularity; and

(b)

does not nullify—

(i)

the proceeding; or

(ii)

any step taken in the proceeding; or

(iii)

any document, judgment, or order in the proceeding.

(2)

Subject to subclauses (3) and (4), the court may, on the ground that there has been a failure to which subclause (1) applies, and on any terms as to costs or otherwise that it thinks just,—

(a)

set aside, either wholly or in part,—

(i)

the proceeding in which the failure occurred; or

(ii)

any step taken in the proceeding in which the failure occurred; or

(iii)

any document, judgment, or order in the proceeding in which the failure occurred; or

(b)

exercise its powers under these rules to allow any amendments to be made and to make any order dealing with the proceeding generally as it thinks just.

(3)

The court must not wholly set aside any proceeding or the originating process by which the proceeding was begun on the ground that the proceeding was required by the rules to be begun by an originating process other than the one employed.

(4)

The court must not set aside any proceeding or any step taken in a proceeding or any document, judgment, or order in any proceeding on the ground of a failure to which subclause (1) applies on the application of a party unless the application is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

Compare: 1908 No 89 Schedule 2 r 5

1.6 Cases not provided for

(1)

If any case arises for which no form of procedure is prescribed by any Act or rules or regulations or by these rules, the court must dispose of the case as nearly as may be practicable in accordance with the provisions of these rules affecting any similar case.

(2)

If there are no such rules, it must be disposed of in the manner that the court thinks is best calculated to promote the objective of these rules (see rule 1.2).

Compare: 1908 No 89 Schedule 2 r 9

1.7 Oral applications for relief

(1)

A Judge may grant relief on an oral application if the case is urgent and the interests of justice so require.

(2)

This rule applies despite any rule requiring a written application.

(3)

Relief may be granted on terms and conditions considered just.

1.8 Consent instead of leave of court

(1)

When, by these rules, the leave of the court is required in any matter of procedure, and all parties and persons who are affected consent to the grant of leave, a party may file a memorandum signed by all those parties and persons evidencing that consent and its terms and conditions.

(2)

The Registrar must either—

(a)

make and seal an order in terms of the memorandum; or

(b)

refer the memorandum to the court, in which case the memorandum must be treated as an interlocutory application for the leave.

Compare: 1908 No 89 Schedule 2 r 10

1.9 Amendment of defects and errors

(1)

The court may, before, at, or after the trial of any proceeding, amend any defects and errors in the pleadings or procedure in the proceeding, whether or not there is anything in writing to amend, and whether or not the defect or error is that of the party (if any) applying to amend.

(2)

The court may, at any stage of a proceeding, make, either on its own initiative or on the application of a party to the proceedings, any amendments to any pleading or the procedure in the proceeding that are necessary for determining the real controversy between the parties.

(3)

All amendments under subclause (1) or (2) may be made with or without costs and on any terms the court thinks just.

(4)

This rule is subject to rule 7.7 (which prohibits steps after the close of pleadings date without leave).

Compare: 1908 No 89 Schedule 2 r 11

Schedule 2 rule 1.9(4): replaced, on 4 February 2013, by rule 5 of the High Court Amendment Rules (No 2) 2012 (SR 2012/409).

1.10 Security

(1)

An officer who is empowered to take security from a person for any purpose may determine the appropriate number of sureties and the form and the amount of the security.

(2)

Any person required to give security may appeal to the court against any decision under subclause (1).

(3)

If a surety becomes bankrupt or insolvent, or makes a composition with that surety’s creditors, the court may stay all further steps in the proceeding by the principal party to the security until another surety has been found.

Compare: 1908 No 89 Schedule 2 rr 16, 17

Subpart 3—Use of Māori language, translations, and sign language

1.11 Speaking in Māori

(1)

This rule applies to a person entitled under section 7(1) of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 to speak Māori in a proceeding or at the hearing of an interlocutory application.

(2)

If a person to whom this rule applies wishes to speak Māori in a proceeding or at the hearing of an interlocutory application, that person, or, if the person is a witness, the party intending to call that person, must file and serve on every other party to the proceeding a notice of his or her intention to speak Māori.

(3)

The notice must state that the person intends to speak Māori at—

(a)

all case management conferences and hearings; or

(b)

all case management conferences and hearings held after a specified case management conference or hearing; or

(c)

a specified case management conference or hearing.

(4)

The notice must be in form G 12.

(5)

The notice must be filed and served,—

(a)

if the person intends to speak Māori at all case management conferences and hearings, not less than 10 working days before the first case management conference or hearing; or

(b)

if the person intends to speak Māori at case management conferences and hearings held after a particular case management conference or hearing, not less than 10 working days before the first case management conference or hearing at which the person intends to speak Māori; or

(c)

if the person intends to speak Māori at a particular case management conference or hearing, not less than 10 working days before the case management conference or hearing.

Compare: 1908 No 89 Schedule 2 r 65A

Schedule 2 rule 1.11(1): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).

1.12 Translation of documents into te reo Māori

(1)

A person upon whom a document is served in any proceeding is entitled to receive a translation of the document into the Māori language if he or she—

(a)

applies, orally or in writing, to the Registrar in the place where the proceeding is pending, within 10 working days after the date of service, for a translation into the Māori language of the document; and

(b)

states a postal address for the service of the translation (if an address for service has not already been given); and

(c)

satisfies the Registrar that he or she is unable to read the document but could read it if it were translated into the Māori language.

(2)

The Registrar must require that translation to be prepared by the party or person on whose behalf the document was served.

(3)

The translation must be certified correct by a person holding an endorsed certificate of competency under clause 4 of Schedule 6 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016.

(4)

The translation may be served—

(a)

personally; or

(b)

at the address for service (if any) of the person entitled to the translation; or

(c)

by sending it by registered post addressed to that person at the stated postal address.

(5)

When the translation is sent by registered post, it is to be treated as having been served when it would be delivered or available for delivery at its address in the ordinary course of registered post.

(6)

The costs of preparing, certifying, and serving the translation are in the discretion of the court as costs in the proceeding.

(7)

Unless the court otherwise orders,—

(a)

the document is deemed not to have been served until the translation is served in accordance with subclause (4); and

(b)

the proceeding in which the document is issued must be stayed as far as the person entitled to the translation is concerned until the translation is so served; and

(c)

every subsequent document served on that person in the proceeding and every execution process or other process issued against that person to enforce any judgment entered or order made in the proceeding must, unless that person is at the time represented by a solicitor, be accompanied by a translation into the Māori language complying with this rule.

Compare: 1908 No 89 Schedule 2 rr 62–64

Schedule 2 rule 1.12(3): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).

1.13 Failure to give notice

A failure to comply with rule 1.11 does not prevent a person speaking Māori at a case management conference or pre-trial conference or hearing, but—

(a)

the court may adjourn the conference or hearing to enable the Registrar to arrange for a person who holds a certificate of competency under clause 1(2)(a) or (c) of Schedule 6 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 or some other person competent to interpret Māori to be available at the adjourned case management conference or hearing:

(b)

the court may treat the failure to comply as a relevant consideration in an award of costs.

Compare: 1908 No 89 Schedule 2 r 65B

Schedule 2 rule 1.13(a): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).

1.14 Translation may be ordered by court

(1)

The court may at any time order that a translation into the Māori language, complying with rule 1.12(2) to (7), of any document served, before or after the making of the order, upon a Māori concerned in a proceeding be served on that Māori, whether or not he or she has applied for it under rule 1.12(1).

(2)

An order may be made subject to such terms and conditions as the court thinks just.

(3)

The court may, on ordering a translation under this rule, grant an adjournment of the proceeding if justice so requires.

Compare: 1908 No 89 Schedule 2 r 65

1.15 Affidavit in language other than English

(1)

An affidavit in a language other than English (non-English language affidavit) may be filed in a proceeding.

(2)

The non-English language affidavit must be accompanied by an affidavit by an interpreter to which is exhibited—

(a)

a copy of the non-English language affidavit; and

(b)

the interpreter’s translation of the non-English language affidavit.

Compare: 1908 No 89 Schedule 2 r 512

1.16 Sign language

(1)

Any person permitted by the New Zealand Sign Language Act 2006 to use New Zealand Sign Language in a proceeding or at the hearing of any interlocutory application or at a case management or pre-trial conference must give the court and all other parties 10 working days’ notice of that person’s intention to do so.

(2)

A Judge may at any time, on application by or on behalf of a party, make any order thought just relating to—

(a)

providing, with the Registrar’s assistance, a competent interpreter, and ensuring that the interpreter is available; and

(b)

the interpretation of the sign language into English or Māori and the interpretation of English or Māori words used in court into sign language; and

(c)

the cost of any interpretation ordered and its incidence; and

(d)

the method of making and recording the sign language communication.

(3)

A failure to give notice as required by subclause (1) does not prevent any permitted person using New Zealand Sign Language, however—

(a)

the failure is a relevant consideration in an award of costs; and

(b)

the Judge may adjourn the conference or hearing or trial to enable the Registrar to arrange for a competent interpreter to be available at the adjourned conference or hearing or trial.

(4)

In this rule, competent interpreter means an interpreter who meets the standards of competency specified in regulations made under the New Zealand Sign Language Act 2006; and in the absence of such regulations means a person whom the Judge is satisfied is competent to translate from English or Māori (as the case requires) into New Zealand Sign Language and from New Zealand Sign Language into English or Māori (as the case requires).

Subpart 4—Time

1.17 Calculating periods of time

(1)

A period of time fixed by the rules or by a judgment, order, or direction or by a document in a proceeding must be calculated in accordance with this rule and rule 1.18.

(2)

When a time of 1 day or a longer time is to be reckoned by reference to a given day or event, the given day or the day of the given event must not be counted.

(3)

Nothing in this rule or in rules 1.18 and 1.19 affects the reckoning of a period of time fixed by the Limitation Act 2010 or any other statute or the application of the Interpretation Act 1999 in relation to the Limitation Act 2010 or any other statute.

Compare: 1908 No 89 Schedule 2 r 13

Schedule 2 rule 1.17(3): amended, on 1 January 2011, by rule 17 of the High Court Amendment Rules (No 2) 2010 (SR 2010/394).

1.18 When time expires when court registry is closed

When the time for doing any act at a registry of the court expires on a day on which that registry is closed, so that that act cannot be done on that day, the act is in time if done on the next day on which that registry is open.

Compare: 1908 No 89 Schedule 2 r 15

1.19 Extending and shortening time

(1)

The court may, in its discretion, extend or shorten the time appointed by these rules, or fixed by any order, for doing any act or taking any proceeding or any step in a proceeding, on such terms (if any) as the court thinks just.

(2)

The court may order an extension of time although the application for the extension is not made until after the expiration of the time appointed or fixed.

Compare: 1908 No 89 Schedule 2 r 6

Subpart 5—Lawyers’ obligations

1.20 Lawyers’ duties

(1)

The duties imposed by these rules on lawyers do not limit a lawyer’s obligations to a client or another lawyer or the court under the rules of conduct and client care for lawyers in New Zealand or other applicable ethical rules or guidelines.

(2)

A lawyer who acts for a party to a proceeding, or is a party to any proceeding, must not, without the leave of the court, act for any other party to the proceeding who does not have the same interest in the subject matter of the proceeding.

(3)

In this rule, lawyer includes the partner of a solicitor to whom subclause (1) applies.

(4)

In applying these rules, the court may have regard to the obligations referred to in subclause (1).

Compare: 1908 No 89 Schedule 2 r 41A

Subpart 6—Forms

1.21 Variation of forms

(1)

Variations may be made to any form directed or authorised by these rules to be used, as the circumstances of a particular case require.

(2)

Subclause (1) does not apply if a Judge orders that a court document be prepared in a particular format or with prescribed content.

Compare: 1908 No 89 Schedule 2 r 7

Subpart 7—International co-operation

1.22 Communication with foreign court

(1)

This rule applies if, and to the extent that, the court is required, or wishes, to seek the co-operation of a court in another country when dealing with an application under these rules.

(2)

The court is entitled to communicate with the foreign court if—

(a)

the parties consent; and

(b)

the communication is not prohibited by the law of the other country.

(3)

When the court acts under subclause (2) it must give the parties to the proceeding an opportunity to be heard on the form of the communication.

(4)

The communication and any reply must be treated as part of the record of the proceeding or interlocutory application.

Part 2 Jurisdiction and powers of Associate Judges and Registrars

Subpart 1—Associate Judges

2.1 Jurisdiction and powers

(1)

An Associate Judge has the jurisdiction and powers of a Judge in chambers conferred by the Act or these rules or another enactment.

(2)

The jurisdiction and powers referred to in subclause (1) are in addition to the jurisdiction and powers conferred by section 26I of the Act.

(3)

Despite subclause (1), an Associate Judge does not have jurisdiction or powers in respect of the matters specified in—

(a)

section 26J(3) and (4) of the Act; or

(b)

section 26P(1) of the Act.

Compare: 1908 No 89 Schedule 2 r 61A

2.2 Interim order on transfer of proceeding

An Associate Judge who refers a proceeding or a matter arising in a proceeding to a Judge under section 26N(1) of the Act may, before the final disposal of the proceeding or matter, make any interim order he or she considers just.

Compare: 1908 No 89 Schedule 2 r 61B

2.3 Review of decision

(1)

An application for a review, under section 26P(1) of the Act, of an order or a decision made by an Associate Judge must be by interlocutory application, which must fully state the grounds of review and what exactly is challenged by the applicant.

(2)

Unless a Judge or an Associate Judge directs otherwise, notice of the application must be filed and served,—

(a)

if it is made by a party who was present or represented when the order was made or the decision was given, within 5 working days of the order being made or the decision being given; or

(b)

if it is made by a party who was not present or represented, within 5 working days after the receipt by that party of notice of the making of the order or the giving of the decision.

(3)

Unless a Judge or an Associate Judge directs otherwise, the application does not operate as—

(a)

a stay of the proceeding; or

(b)

a step in the proceeding.

(4)

If the order or decision being reviewed was made following a defended hearing and is supported by documented reasons,—

(a)

the review proceeds as a rehearing; and

(b)

the Judge may, if he or she thinks it is in the interests of justice, rehear the whole or part of the evidence or receive further evidence.

(5)

In all other cases,—

(a)

a review proceeds as a full rehearing; and

(b)

the Judge may give the order or decision the weight he or she thinks appropriate.

Compare: 1908 No 89 Schedule 2 r 61C

2.4 Appeal to Court of Appeal

The Court of Appeal (Civil) Rules 2005 apply, with all necessary modifications, to an appeal under section 26P(2) of the Act brought against an order or a decision of an Associate Judge.

Compare: 1908 No 89 Schedule 2 r 61D

Subpart 2—Registrars

2.5 Registrars’ jurisdiction and powers relating to interlocutory applications

A Registrar (not including a Deputy Registrar) has the jurisdiction and powers of a Judge to do the following:

(a)

hear and determine an application to extend or shorten the time for filing a statement of defence or notice of interlocutory application:

(b)

hear and determine an application under rule 6.28 (relating to service out of New Zealand):

(c)

adjourn a trial, reserving to the court the costs of, or arising out of, the adjournment:

(d)

order a stay on an application made to vary or rescind an order or a decision of a Registrar:

(e)

make an order in an interlocutory application on notice—

(i)

if the consent of all relevant parties is endorsed on the application or filed; or

(ii)

on receiving a draft order consented to in writing by all relevant parties or by their solicitor or counsel.

Compare: 1908 No 89 Schedule 2 r 270

2.6 Additional jurisdiction for certain Registrars

The Registrar (not including a Deputy Registrar) at the Auckland, Hamilton, Rotorua, Palmerston North, Wellington, Christchurch, or Dunedin registry has the jurisdiction and powers given to a Judge by the following:

(a)

rule 1.19, so far as it applies to—

(ii)
(iii)
(iv)
(d)

subpart 2 of Part 17:

Compare: 1908 No 89 Schedule 2 r 271

Schedule 2 rule 2.6(a)(ii): replaced, on 4 February 2013, by rule 6 of the High Court Amendment Rules (No 2) 2012 (SR 2012/409).

2.7 Limits on jurisdiction

(1)

A Registrar must exercise jurisdiction under rules 2.5 and 2.6

(a)

in chambers; and

(b)

subject to any judicial direction.

(2)

However, a Registrar may exercise his or her jurisdiction under those rules without further direction.

(3)

In exercising a jurisdiction conferred by these rules a Registrar is not subject to direction by any person except a Judge acting under rule 2.11.

Compare: 1908 No 89 Schedule 2 r 272

2.8 Powers ancillary to jurisdiction

A Registrar may exercise powers ancillary to jurisdiction under rules 2.5 and 2.6 if a Judge may exercise those ancillary powers in the same circumstances.

Compare: 1908 No 89 Schedule 2 r 273

2.9 Jurisdiction in other registries

A Registrar may exercise jurisdiction under rules 2.5 and 2.6 in respect of an application filed in a registry of the court other than the one at which he or she is Registrar.

Compare: 1908 No 89 Schedule 2 r 274

2.10 Form of order

An order made by a Registrar under rule 2.5 or 2.6 must—

(a)

be headed “Before the Registrar at [place], in chambers”; and

(b)

be signed by a Registrar or Deputy Registrar, and sealed with the seal of the court; and

(c)

state the rule under which it is made.

Compare: 1908 No 89 Schedule 2 r 275

2.11 Review of Registrar’s decision

(1)

An affected party to a proceeding or an intended proceeding may apply to a Judge by interlocutory application for a review of any of the following:

(a)

a Registrar’s exercise of jurisdiction:

(b)

a Registrar’s refusal to file a document tendered for filing:

(c)

a Registrar’s refusal to perform a duty placed on him or her under these rules.

(2)

The Judge may, on review, make any orders he or she thinks just.

(3)

It is not necessary to apply for an order for an extraordinary remedy under Part 30 or to make an application for review under Part 1 of the Judicature Amendment Act 1972 when seeking a review under subclause (1)(b) or (c).

(4)

Notice of an application for review must be filed,—

(a)

if it is made by a party who was present or represented when the decision or refusal of the Registrar was given, within 5 working days of the decision or refusal; or

(b)

if it is made by a party who was not present or represented, within 5 working days after the receipt by the party of notice of the decision or refusal.

(5)

An application for review under this rule is not a stay of proceeding or a step in the proceeding, unless a Judge, or a Registrar acting under rule 2.5, so directs.

Compare: 1908 No 89 Schedule 2 r 276

Part 3 Court administration

Subpart 1—Registry hours and court holidays

3.1 Registry hours

The court’s registries must be open from 9 am to 5 pm on every day that is not a court holiday.

Compare: 1908 No 89 Schedule 2 r 22

3.2 Court holidays

(1)

The following are court holidays for the court and the court’s registries:

(a)

the period beginning on Good Friday and ending on the close of the Tuesday after Easter:

(b)

the period beginning on 24 December and ending on the close of 3 January: