(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.

(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.

(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.

(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.

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.

(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.

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

(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

• (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 the Remuneration Authority Act 1977, any determination made under subsection (1) of this section, 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, the payment of salary and allowances on a pro-rata basis under subsection (4) is not a reduction of salary.

(1) Subject to section 11B of this Act, 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 re-appointed, 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.

(1) Subject to section 11B of this Act, 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 one 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 shall also be paid 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.

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 one or more temporary Judges, or (as the case may require) for one or more acting Judges, to be appointed.

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

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.

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.

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.

The Court shall also have within New Zealand all the jurisdiction and control over the persons and estates of idiots, 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.

(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) A company as defined in section 2 of the Companies Act 1955; or

• (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.

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.

For the purposes of section 17A of this Act, 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.

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.

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 of this Act 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.

(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) of this section 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.

(1) This section applies to civil proceedings in which the only relief claimed is payment of a debt or pecuniary damages or the recovery of chattels.

(2) If the debt or damages or the value of the chattels claimed in any civil proceedings to which this section applies exceeds $3,000, either party may have the civil proceedings tried before a Judge and a jury on giving notice to the Court and to the other party, within the time and in the manner prescribed by the High Court Rules, that he requires the civil proceedings to be tried before a jury.

(3) Notwithstanding anything in subsection (2) of this section, in any case where, after notice has been given pursuant to that subsection but before the trial has commenced, the debt or damages or the value of the chattels claimed is reduced to $3,000 or less, the civil proceedings shall be tried before a Judge without a jury.

(4) If, in any civil proceedings to which this section applies, the defendant sets up a counterclaim, then, unless pursuant to this section the civil proceedings and the counterclaim are both to be tried before a Judge without a jury, the following provisions shall apply:

• (a) On the application of either party made with the consent in writing of the other party, both the civil proceedings and counterclaim shall be tried before a Judge without a jury, or before a Judge with a jury, whichever is specified in the application:

• (b) If no such application is made, the civil proceedings and the counterclaim shall, subject to any direction of the Court or a Judge under section 19B of this Act, be tried in accordance with the foregoing provisions of this section:

  Provided that if the Court or a Judge orders that the civil proceedings and the counterclaim be tried together, they shall be tried before a Judge with a jury.

(5) Notwithstanding anything to the contrary in the foregoing provisions of this section, in any case where notice is given as aforesaid requiring any civil proceedings to be tried before a jury, if it appears to a Judge before the trial

• (a) That the trial of the civil proceedings or any issue therein will involve mainly the consideration of difficult questions of law; or

• (b) That the trial of the civil proceedings or any issue therein will require any prolonged examination of documents or accounts, or any investigation in which difficult questions in relation to scientific, technical, business, or professional matters are likely to arise, being an examination or investigation which cannot conveniently be made with a jury,

the Judge may, on the application of either party, order that the civil proceedings or issue be tried before a Judge without a jury.

(6) Nothing in this section shall apply in respect of any civil proceedings to be heard by the Court in its admiralty jurisdiction.

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

(2) Notwithstanding subsection (1) of this section, 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.

(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 of this Act.

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.

(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 Department for Courts 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.

(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) of this section, 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) of this section, 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) of this section or the extended period specified under subsection (3)(a) of this section, 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.

(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 1908:

• (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 Securities Commission and civil proceedings under the Securities Act 1978 or the Securities Markets Act 1988:

• (f) The following proceedings in relation to companies registered under the Companies Act 1955 or the Companies Act 1993, as the case may be:

  • (i) Applications for directions by liquidators and receivers:

  • (ii) Defended applications under section 209ZG of the Companies Act 1955 or 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 registered under Part 8 of the Companies Act 1955 and companies registered under the Companies Act 1993 and 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) of this section 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 of this Act, apply with all necessary modifications to that appeal.

(3) Rules made under section 51C of this Act 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.

(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 one 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) of this section.

(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) of this section for the determination of the questions involved in the dispute.

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 of this Act) for the speedy and inexpensive determination of the real questions between the parties to proceedings entered on a commercial list.

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

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

(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.

(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 6.

(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).

(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).

(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 of this Act, every Associate Judge shall retire from office on attaining the age of 70 years.

(1) Subject to subsection (5) of this section, 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) of this section, 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) of this section, 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.

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 registered superannuation scheme in accordance with a determination of the Remuneration Authority.

(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 of this Act, 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) of this Act, 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.

(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) Any application to stay or dismiss an application for the appointment of a liquidator under the Companies Act 1955 or the Companies Act 1993, as the case may be:

• (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 to the Arbitration Act 1996:

• (b) Sections 205 to 207 of the Companies Act 1955, as applied to compromises and arrangements by section 35 of the Companies Amendment Act 1993:

• (c) Sections 220 to 222, 226, 231(4), 233 to 237, 239, 240(1)(a), 246 to 249, 250 to 263, 265 to 267, 311A, 311B, 312, and 332 of the Companies Act 1955, as applied in relation to the winding up of a company by section 42(1) of the Companies Amendment Act 1993:

• (d) Sections 139, 168, 209N to 209P, 209R to 209T, 209X to 209ZA, 209ZF, 211, 213, 216 to 218, 220, 231(2), 235(5), 240, 243, 258, 260, 264, 265, 268 to 270, 281, 288, and 467 of the Companies Act 1955, as continued in force by section 3 of the Companies Act Repeal Act 1993:

• (e) Sections 123, 154, 165 to 168, 173, 179, 232 to 234, 236 to 238, Part 15A, and Part 16 of the Companies Act 1993:

• (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:

• (ha) the Insolvency Act 2006 (except sections 150, 166(3), 180, and 236(2)):

• (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 1955 or 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) of this section.

(4) Rules made under section 51C of this Act 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]

(1) Subject to subsection (2) of this section, 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) of this section confers on an Associate Judge any jurisdiction or power of a kind described in subsection (3) or subsection (4) of section 26J of this Act.

(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.

(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 of this Act 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) of this Act to review the exercise by an Associate Judge of the jurisdiction and powers so conferred.

(3) Nothing in subsection (1) or subsection (2) of this section 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) of this section 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.

Sections 56A, 56B, and 56C of this Act 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.

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

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.

(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) of this section, or the transfer of any proceedings or any part thereof to a Judge under subsection (2) of this section, 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.

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.

(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 of this Act shall apply to any appeal under subsection (2) of this section.

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

Nothing in this Act or in any rules made under section 51C of this Act 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.

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.

(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.

(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 one 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.

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.

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.

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

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.

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.

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

(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.

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.

(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.

(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]

(1) Subject to subsections (2) to (4) of this section and to sections 51A to 56C of this Act, 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 of this Act 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 of this Act 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 of this Act, 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.

(1) The High Court Rules, and any reprint of the High Court Rules, may be printed and published under section 14 of the Acts and Regulations Publication Act 1989 as if the High Court Rules were regulations within the meaning of that Act; and that section applies accordingly.

(2) Sections 16B, 16C(3), and 16D of the Acts and Regulations Publication Act 1989 apply accordingly.

(1) For the purposes of this Act and the District Courts Act 1947, there is a Rules Committee consisting of

• (a) The Chief Justice:

• (ab) The Chief High Court Judge:

• (b) Two other Judges of the High Court appointed by the Chief Justice:

• (c) The Chief District Court Judge:

• (d) One other District Court Judge appointed by the Chief Justice on the recommendation of the Chief District Court Judge:

• (e) The Attorney-General:

• (f) The Solicitor-General:

• (g) The chief executive of the Department for Courts:

• (h) Two persons, who are barristers and solicitors of the High Court, nominated by the Council of the New Zealand Law Society and approved by the Chief Justice.

(2) The Chief Justice may appoint any other person to be a member for a special purpose. That person holds office during the pleasure of the Chief Justice.

(3) The members referred to in paragraphs (b), (d), and (h) of subsection (1)

• (a) Must be appointed for terms not exceeding 3 years:

• (b) May be reappointed:

• (c) May resign office by notice in writing to the Chief Justice.

(4) The Rules Committee is a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

(5) The members referred to in subsections (1)(h) and (2) may be paid, out of money appropriated by Parliament, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951.

(1) The Governor-General in Council, with the concurrence of the Chief Justice and any 2 or more of the members of the Rules Committee, of whom at least one shall be a Judge, may, for the purposes of facilitating the expeditious, inexpensive, and just dispatch of the business of the Court, or of otherwise assisting in the due administration of justice, from time to time make rules regulating the practice and procedure of the High Court and of the Court of Appeal and of the Supreme Court (including the practice and procedure on appeals from any court or person to the Supreme Court, the Court of Appeal, or the High Court).

(2) Rules made pursuant to subsection (1) of this section may

• (a) Repeal the High Court Rules set out in Schedule 2 to this Act, and substitute a new set of High Court Rules:

• (b) Alter or revoke any of the rules contained in the High Court Rules:

• (c) Add to the High Court Rules any further rules touching the practice and procedure of the High Court in all or any of the civil proceedings within its jurisdiction:

• (cc) Add to the High Court Rules any rules made for the purposes of Part 1A of this Act:

• (d) Alter or revoke any rules regulating the practice or procedure of the Court of Appeal (including those contained in the Court of Appeal Rules 1955):

• (e) Revoke the Court of Appeal Rules 1955:

• (f) Alter or revoke any other rules of the High Court, the Court of Appeal, or the Supreme Court that are now or may hereafter be in force:

• (g) Fix scales of costs.

Where any other Act confers power to make rules of procedure in relation to civil proceedings, that power shall be exercised by the Governor-General in Council in the manner prescribed by section 51C of this Act, and not otherwise.

(1) Notwithstanding anything to the contrary in any Act or in any Imperial Act in force in New Zealand, rules may be made under section 51C of this Act prescribing the form and manner in which any class or classes of applications to the High Court or a Judge thereof or to the Court of Appeal or to the Supreme Court shall be made.

(2) So far as the provisions of any Act prescribing the form or manner in which any such applications are to be made, whether by petition, motion, summons, or otherwise, are inconsistent with or repugnant to the High Court Rules or the Court of Appeal Rules or to any rules made under section 51C of this Act, the Act prescribing that form or manner shall be deemed to be subject to the Rules.

(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 of this Act or rules made under any other Act in the manner provided in that section may confer on Registrars and Deputy Registrars (whether of the High Court, the Court of Appeal, or the Supreme Court), 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, and may contain such other provisions as may be necessary to enable the proper exercise by Registrars and Deputy Registrars of the jurisdiction and powers so conferred.

(2) Any jurisdiction and any powers conferred under this section may be conferred on specified Registrars or Deputy Registrars or on any specified class or classes of Registrars or Deputy Registrars.

(3) Where any matter in respect of which a Registrar or Deputy Registrar has jurisdiction under any rules of Court appears to the Registrar or Deputy Registrar to be one of special difficulty, the Registrar or Deputy Registrar may refer the matter to a Judge, who may dispose of the matter or may refer it back to the Registrar or Deputy Registrar with such directions as the Judge thinks fit.

(4) Any party to any proceedings or any intended proceedings who is affected by any order or decision made by any Registrar or Deputy Registrar under any rules of Court may apply to the Court to review that order or decision, and where a party so applies the Court may make such order as may be just.

(5) Nothing in this section or in the High Court Rules or in any rules made under section 51C of this Act or in any rules made under any other Act shall prevent the exercise by any Judge of any jurisdiction or powers conferred on any Registrar or Deputy Registrar by any such rules.

(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.

(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.

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

(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) of this section 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) of this section.

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.

(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 the first day of 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.

(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.

(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 Summary Proceedings Act 1957 is tendered or paid to him.

(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 the 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.

(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.

The provisions of this Act are to be read subject to section 146A of the Immigration Act 1987 (as inserted by section 53 of the Immigration Amendment Act 1999) in relation to any proceedings reviewing a statutory power of decision arising out of or under that Act.

In this Part of this Act, unless the context otherwise requires,

(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.

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.

(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) of this section 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) of this section 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.

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.

(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.

(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) of this section, 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) of this section, 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) of this section 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) of this section 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.

(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) of 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 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.

(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) of this section, 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) of this section, 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.

(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) of this section shall, 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.

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.

(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 on indictment to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000.

(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 of this Act.

(2) Without limiting subsection (1) of this section 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.

(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.

(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) of this section, 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.

(1) Rules may be made under section 51C of this Act, for or in relation to, Australian proceedings and New Zealand proceedings.

(2) Without limiting subsection (1) of this section, 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 of this Act:

• (h) Sittings of the High Court in Australia:

• (i) Giving effect to arrangements made under section 56P of this Act:

• (j) The form of certification of judgments, orders, and injunctions in New Zealand proceedings:

• (k) The taking of evidence under section 56R of this Act:

• (l) Such other matters as are contemplated by or necessary for giving effect to this Part of this Act.

(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 8 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.

(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.

(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) One or more divisions of the Court of Appeal for the purposes of criminal proceedings; and

• (b) One 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.

(1) For the purposes of any criminal proceeding that is heard by a division, the Court of Appeal comprises

• (a) Three Judges of the Court of Appeal holding office under section 57(2); or

• (b) Two 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) One 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 criminal proceeding means

• (a) Any appeal or application to the Court of Appeal under the Crimes Act 1961 (other than under section 406 of that Act) or under the Summary Proceedings Act 1957:

• (b) Any case stated for the opinion of the Court of Appeal under the Crimes Act 1961.

(1) For the purposes of any civil proceeding that is heard by a division of the Court, the Court of Appeal comprises

• (a) Three Judges of the Court of Appeal holding office under section 57(2); or

• (b) Two 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) One 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.

(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.

(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.

(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).

(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.

(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.

(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.

(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.

Where, by reason of the absence of all or any one 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 one 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.

(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) of this section 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.

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.

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.

(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.

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.

(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.

(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 King's Bench Division of the High Court of Justice has in England in respect of a trial at bar.

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.

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.

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.

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.

(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.

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.

(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.

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.

(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.

(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.

Stipulations in contracts as to time or otherwise which would not, before the 13th day of 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.

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.

A judgment against one 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.

(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.

Relief, whether under section 94A of this Act 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.

(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.

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.

(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) of this section, the Registrar of the Court shall forward a copy of the order to the chief executive of the Department for Courts who shall make the payment out of money appropriated by Parliament for the purpose.

(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]

(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.

(1) The Court of Appeal may adopt any procedures and practices in relation to the advice of a technical adviser as it considers just, but those procedures and practices are subject to any rules referred to in subsection (2).

(2) Rules may be made under section 51C relating to

• (a) The appointment of technical advisers, including (without limitation)

  • (i) The information to be given to the parties to an appeal, before a technical adviser is appointed for the appeal,

    • (A) About the persons who are considered suitable for appointment; and

    • (B) About the matters on which the assistance of the proposed technical adviser is to be sought:

  • (ii) The submissions that those parties may make to the Court of Appeal about the proposed appointment of a technical adviser and the assistance to be given by the technical adviser:

• (b) The conduct of proceedings involving technical advisers.

(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 one or more medical practitioners named in the order.

(2) A person required by an order under subsection (1) of this section 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) of this section, 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) of this section 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.

(1) Notwithstanding anything in sections 51 and 51C of this Act, 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 Department for Courts:

• (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).

(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 a Master 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 Master 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 Master directs otherwise.

(5) On dealing with an application for a review of a decision of a Registrar or Deputy Registrar, the Judge or Master 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.