Judicature Amendment Act 2006

Judicature Amendment Act 2006

Public Act2006 No 16
Date of assent9 April 2006

Note

This Act is administered by the Ministry of Justice.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Judicature Amendment Act 2006.

2 Commencement
  • (1) This Act (except sections 5, 6, and 7) comes into force on the day after the date on which it receives the Royal assent.

    (2) Sections 5, 6, and 7 come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.

3 Principal Act amended

Part 1
Procedures and constitution of Court of Appeal

4 Constitution of Court of Appeal
  • Section 57(2)(b) is amended by omitting 6 and substituting 8.

5 Court of Appeal to sit in divisions
  • (1) Section 58(1) is amended by omitting in subsection (2) and.

    (2) Section 58 is amended by repealing subsection (2).

6 Judgment of Court of Appeal
  • Section 59 is amended by adding the following subsection:

    • (3) The delivery of the judgment of the Court of Appeal may be effected in any manner provided by rules made under section 51C.

Part 2
Further amendments to principal Act

7 New section 26IB inserted
  • The following section is inserted after section 26IA:

    26IB Judge or Associate Judge may, by video link, preside at hearing of specified matters
    • (1) A Judge or Associate Judge may, by video link, preside at the hearing of any matter—

      • (a) over which an Associate Judge has jurisdiction under section 26I; and

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

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

      • (a) has effect as if the Judge or Associate Judge were physically present:

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

      (3) Rules made under section 51C may—

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

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

8 Section 65 repealed
  • Section 65 is repealed.

9 New section 67 substituted
  • Section 67 is repealed and the following section substituted:

    67 Appeals against decisions of High Court on appeal
    • (1) The decision of the High Court on appeal from an inferior court is final, unless a party, on application, obtains leave to appeal against that decision—

      • (a) to the Court of Appeal; or

      • (b) directly to the Supreme Court (in exceptional circumstances as provided for in section 14 of the Supreme Court Act 2003).

      (2) An application under subsection (1) for leave to appeal to the Court of Appeal must be made to the High Court or, if the High Court refuses leave, to the Court of Appeal.

      (3) An application under subsection (1) for leave to appeal directly to the Supreme Court must be made to the Supreme Court.

      (4) If leave to appeal referred to in subsection (1)(a) is obtained, the decision of the Court of Appeal on appeal from the High Court is final unless a party, on application, obtains leave to appeal against that decision to the Supreme Court.

      (5) Subsections (1), (3), and (4) are subject to the Supreme Court Act 2003.

10 Section 68 repealed
  • Section 68 is repealed.


Legislative history

10 May 2005Introduction (Bill 262-1)
21 June 2005First reading and referral to Government Administration Committee
24 February 2006Reported from Government Administration Committee (Bill 262-2)
14 March 2006Second reading
28 March, 4 April 2006Committee of the whole House
5 April 2006Third reading