77 Additional lay members of High Court for purposes of appellate jurisdiction in respect of Commission determinations

(1)

This section applies for the purposes of the exercise by the court of its jurisdiction and powers under sections 91 to 97.

(1A)

There are to be lay members of the court appointed from time to time by the Governor-General.

(2)

No person shall be appointed as a lay member of the court unless, in the opinion of the Governor-General, that person is qualified for appointment by virtue of that person’s knowledge or experience in industry, commerce, economics, law, or accountancy.

(3)

A lay member of the court shall hold office for such term, not exceeding 5 years, as the Governor-General shall specify in that member’s instrument of appointment, but may from time to time be reappointed.

(4)

There shall be paid to such lay members, out of money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the court were a statutory Board within the meaning of that Act.

(5)

The Governor-General may terminate the appointment of a lay member of the court for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

(6)

Any lay member of the court may resign his office by notice in writing to the Minister.

(7)

Notwithstanding that the term of office of a lay member of the court has expired or that a lay member has resigned that office, that person shall be deemed to continue as a lay member of the court for the purpose of completing the hearing of any matter before that person, as a lay member of the court, which was commenced before the expiration of the term of office or before the resignation took effect, as the case may be.

(8)

Before entering upon the exercise of the duties of their office, the lay members shall take an oath before a Judge of the court that they will faithfully and impartially perform the duties of their office.

(9)

The presence of a Judge of the court and of at least 1 lay member shall be necessary to constitute a sitting of the court.

(10)

The decision of a majority (including the Judge or, where more than 1 Judge sits, including a majority of the Judges) of the members present at a sitting of the court shall be the decision of the court.

(11)

If the members present are equally divided in opinion, the decision of the Judge, or of a majority of the Judges, shall be the decision of the court.

(12)

If any question before the court cannot be decided in accordance with subsections (10) and (11), the question shall be referred to the Court of Appeal for decision in accordance with the practice and procedure of that court, which for the purpose shall have all the powers of the High Court under this Part.

(13)

The decision of the Court of Appeal in any proceedings under this section takes effect, and must be entered, as if it were a decision of the High Court under this Act.

(14)

Notwithstanding anything in the foregoing provisions of this section, a Judge of the court sitting alone shall have jurisdiction to make any of the following orders:

(a)

an order on any application made in the course of any proceedings:

(b)

an order that is not opposed:

(c)

an order in any proceedings that the parties agree should be heard and determined by a Judge alone:

(d)

an order in any proceedings where the matter in issue is substantially a question of law only:

(e)

an order made on the application of any party directing that any proceedings should be heard and determined by a Judge alone on the ground that the matter in issue is substantially a question of law only:

(f)

an order granting the leave of the court to appeal to the Court of Appeal.

Compare: 1975 No 113 s 122A; 1983 No 144 s 41; 1985 No 7 s 2

Section 77(1): replaced, on 30 May 2017, by section 11 of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).

Section 77(1A): inserted, on 30 May 2017, by section 11 of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).

Section 77(2): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 77(3): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 77(5): amended, on 1 January 2002, by section 70(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 77(5): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 77(6): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 77(7): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 77(9): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 77(13): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 77(14): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).