Judicature Amendment Act 1997

  • repealed
  • Judicature Amendment Act 1997: repealed, on 1 January 2018, pursuant to section 182 of the Senior Courts Act 2016 (2016 No 48).

Reprint as at 1 January 2018

Judicature Amendment Act 1997

Public Act
 
1997 No 10
Date of assent
 
22 May 1997
 

Judicature Amendment Act 1997: repealed, on 1 January 2018, pursuant to section 182 of the Senior Courts Act 2016 (2016 No 48).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

This Act is administered by the Ministry of Justice.

An Act to amend the Judicature Act 1908

BE IT ENACTED by the Parliament of New Zealand as follows:

 
1 Short Title

(1)

This Act may be cited as the Judicature Amendment Act 1997, and is part of the Judicature Act 1908 (“the principal Act”).

(2)

This Act comes into force on the date on which it receives the Royal assent.

2

The principal Act is amended by repealing section 27, and substituting the following section:

27

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.

3 Appointment of officers

The principal Act is amended by repealing section 72, and substituting the following section:

72

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.

4 Validations

(1)

All persons who have, in the period beginning on 1 April 1988 and ending with the commencement of this Act, been appointed under the State Sector Act 1988 as Registrars, Deputy Registrars, ushers, Clerks, criers, or other officers of the High Court or the Court of Appeal are deemed to be, and to have always been, validly appointed to their respective offices.

(2)

Where any person is deemed, by subsection (1), to have been validly appointed as an officer of the High Court, any action taken by that person, in his or her capacity as an officer of the High Court, in the period beginning on 1 April 1988 and ending with the commencement of this Act, is deemed to be, and to have always been, as valid as it would have been if that person had been validly appointed to the office in accordance with section 27 of the principal Act (in the form in which that section stood at the time of that person’s appointment).

(3)

Where any person is deemed, by subsection (1), to have been validly appointed as an officer of the Court of Appeal, any action taken by that person in his or her capacity as an officer of the Court of Appeal, in the period beginning on 1 April 1988 and ending with the commencement of this Act, is deemed to be, and to have always been, as valid as it would have been if that person had been validly appointed to the office in accordance with section 72 of the principal Act (in the form in which that section stood at the time of that person’s appointment).

5 Saving

Nothing in this Act prevents any appointment made before the commencement of this Act by the Department of Justice or the Department for Courts from being reviewed under the procedure put in place by either Department under section 65 of the State Sector Act 1988.

Eprint notes
1 General

This is an eprint of the Judicature Amendment Act 1997 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this eprint

This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

Senior Courts Act 2016 (2016 No 48): section 182