District Courts Act 1947 No 16 (as at 23 July 2011), Public Act

4A Sittings of court at other places
  • (1) Where any civil or summary criminal proceedings are pending in any court the party issuing the proceedings may, or if the proceedings are to be defended, or if a Judge has directed either generally or specifically that the attendance of a party is required, then any party may, apply to the court for the proceedings to be heard at any other convenient place. A further application may, from time to time, be made for the hearing to be continued or completed in any other place.

    (2) If a Judge is satisfied that in all the circumstances as between the parties the proceedings could be more conveniently or fairly heard or continued to be heard at some place, other than in a court appointed under this Act, and that suitable accommodation for a hearing at such place is available the Judge shall, unless for special reasons relating to the particular proceedings he directs otherwise, make an order, upon such terms and conditions as he thinks fit, that the proceedings be heard or be continued to be heard at a sitting of the court held at that other place and may at that time, or at any subsequent time, fix a date and time for any such hearing.

    (3) With the consent of all parties an order under this provision may be made by the Registrar.

    (4) At all times any such proceedings shall be heard and determined as proceedings of the court and at the conclusion of any such hearing the papers shall be returned and the result and any necessary minutes recorded in the books of the court.

    (5) This section shall have effect notwithstanding the provisions of section 4, but nothing in this section shall limit the power of the court to transfer proceedings to another court.

    Section 4A: inserted, on 29 June 1974, by section 2(1) of the District Courts Amendment Act 1974 (1974 No 20).

    Section 4A(1): amended, on 1 May 1981, by section 3 of the District Courts Amendment Act 1980 (1980 No 83).

    Section 4A(1): amended, on 1 April 1980, pursuant to section 18(1) of the District Courts Amendment Act 1979 (1979 No 125).

    Section 4A(2): amended, on 1 April 1980, pursuant to section 18(1) of the District Courts Amendment Act 1979 (1979 No 125).