Senior Courts Act 2016

  • Warning: Some amendments have not yet been incorporated
  • Corrections have been made to Part 2 of Schedule 4 on 11 November 2016 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012, and on 6 March 2017 to Schedule 3 under section 25(1)(j)(iii) and (v) of the Legislation Act 2012, and on 7 March 2017 to Schedule 3 in order to fix amending terminology under sections 25(1)(j)(i) and (v), and on 23 August 2017 to section 174 under section 25(1)(j)(i) of the Legislation Act 2012.
Coat of Arms of New Zealand

Senior Courts Act 2016

Public Act
 
2016 No 48
Date of assent
 
17 October 2016
Commencement
 
see section 2

Contents

1Title
2Commencement
3Purposes
4Interpretation
5This Act binds the Crown
6High Court continued
7Number of High Court Judges
8Seal
9Powers of High Court to be exercised by High Court Judges
10Sessions of High Court and adjournments
11Court offices
12Jurisdiction of High Court
13Power to award damages as well as, or in substitution for, injunction or specific performance
14Jurisdiction in relation to persons who lack competence to manage their affairs
15When civil proceeding to be tried before Judge alone
16Certain civil proceedings may be tried by High Court Judge with jury
17Question of foreign law must be decided by High Court Judge
18Proceedings in place of writs
19Panels
20Associate Judge may exercise certain powers of High Court
21Ancillary powers of Associate Judge
22Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers
23Application of provisions relating to witnesses and contempt
24No power to order committal, attachment, or arrest
25Power to act as referee
26Transfer of proceeding to High Court Judge
27Appeals against decisions of Associate Judges
28Immunity of Associate Judges
29Jurisdiction of High Court Judges not affected
30Power to appoint Commissioners
31Effect of oath, affidavit, or affirmation
32Revocation of commission
33Appointment of Registrars, Deputy Registrars, and other officers of High Court
34Powers of Registrars
35Sheriffs
36Powers of Sheriffs
37Sheriff not to act as lawyer or agent
38Service of process when Sheriff disqualified
39Persons arrested by Sheriffs may be committed to prison at once
40Arrest of defendant about to leave New Zealand
41Witness not required to attend hearing of civil proceeding unless allowances and expenses paid
42Failure of witness to attend
43Refusal to give evidence
44High Court may require person to undergo medical examination
45Court of Appeal continued
46Seal
47Court of Appeal to sit in divisions
48Composition of divisions
49Powers exercisable by Judges
50Court of Appeal to sit as full court in certain cases
51Cases of sufficient significance for full court
52Authority of High Court Judges to act as Judges of Court of Appeal
53Judgment of Court of Appeal
54Sessions of Court of Appeal
55Adjournments
56Jurisdiction
57Court of Appeal may remit proceeding to High Court
58Judgment of Court of Appeal may be enforced by High Court
59Transfer of civil proceeding from High Court to Court of Appeal
60Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court
61Reasons for granting or refusing leave to appeal
62Procedure if Judges absent
63Appointment of Registrar, Deputy Registrar, and other officers of Court of Appeal
64Powers of Registrar and Deputy Registrar
65Interpretation
66Supreme Court continued
67Seal
68Appeals against decisions of Court of Appeal in civil proceedings
69Appeals against decisions of High Court in civil proceedings
70Appeals against decisions of other courts in civil proceedings
71Appeals against decisions in criminal proceedings
72Procedural requirements
73Appeals to be by leave
74Criteria for leave to appeal
75No direct appeal from court other than Court of Appeal unless exceptional circumstances established
76Applications for leave
77Court to state reasons for refusal to give leave
78Appeals to proceed by way of rehearing
79General powers
80Power to remit proceeding
81Exercise of powers of court
82Orders and directions on interlocutory applications may be made or given by 1 Judge
83Presiding Judge
84Procedure if Judges absent
85Judgment of Supreme Court
86Decisions of Supreme Court may be enforced by High Court
87Appointment of Registrar, Deputy Registrar, and other officers of Supreme Court
88Powers of Registrar
89Head of New Zealand judiciary
90Head of Supreme Court
91Head of Court of Appeal
92Head of High Court
93Attorney-General to publish information concerning judicial appointment process
94Eligibility for appointment as Judge or Associate Judge
95Eligibility for appointment as Court of Appeal Judge
96Eligibility for appointment as Supreme Court Judge
97Eligibility for appointment as Chief High Court Judge
98Eligibility for appointment as President of Court of Appeal
99Eligibility for appointment as Chief Justice
100Judges appointed by Governor-General
101Appointment as permanent Judge
102High Court Judge or Associate Judge may not hold lower judicial office
103Court of Appeal Judge continues as Judge of High Court
104Supreme Court Judge continues as Judge of High Court but no other court
105Terms and conditions of appointment not to be changed without consent
106Attorney-General may authorise Judges to sit part-time
107Acting Chief Justice
108Acting President of Court of Appeal
109Acting Chief High Court Judge
110Appointment of acting Judges of Supreme Court by Chief Justice
111Appointment of acting Judges of Supreme Court by Governor-General
112Appointment of acting Judges of Court of Appeal
113Appointment of acting Judges of High Court
114Appointment of acting Associate Judges
115Requirements before Attorney-General gives advice on appointment of acting Judge
116Term of appointment of acting Judges appointed by Governor-General
117Term of appointment of acting Associate Judges
118Jurisdiction, powers, protections, etc, of acting Judges
119Conclusive proof of authority to act
120Chief Justice most senior Judge
121Seniority of Supreme Court Judges
122Seniority of Court of Appeal Judges
123Seniority of High Court Judges
124Permanent Judges senior to acting Judges
125Seniority of acting Judges
126Seniority of Associate Judges
127Tenure of Chief Justice
128Tenure of President of Court of Appeal
129Tenure of Chief High Court Judge
130Tenure of Supreme Court Judges, Court of Appeal Judges, High Court Judges, and Associate Judges
131Resignation
132Governor-General must approve certain resignations
133Judges to retire at 70 years
134Removal from office
135Salaries and allowances of permanent Judges and Associate Judges
136Salaries and allowances of part-time Judges
137Salaries and allowances of acting Judges
138Superannuation of acting Judges
139Superannuation or retiring allowances of Associate Judges
140Higher duties allowance
141Salary of Judge not to be reduced
142Judge not to undertake other employment or hold other office
143Protocol relating to activities of Judges
144Judge not to practise as lawyer
145Purpose of rules of practice and procedure
146High Court Rules
147High Court Rules part of Act
148Rules of practice and procedure generally
149Rules of practice and procedure of High Court
150Rules of practice and procedure of Court of Appeal and Supreme Court
151Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars
152Rules of practice and procedure under other Acts
153Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court
154Publication of High Court Rules under Legislation Act 2012
155Rules Committee
156Regulations
157Regulations providing for waiver, etc, of fees
158Postponement of fees
159Manner in which section 157 or 158 applications to be made
160Review of Registrar’s decision concerning fees
161Judge or Registrar may waive certain fees
162Jurisdiction of court to award costs in all cases
163Court of Appeal and Supreme Court may appoint technical advisers
164Appointment and other matters
165Contempt of court
166Judge may make order restricting commencement or continuation of proceeding
167Grounds for making section 166 order
168Terms of section 166 order
169Procedure and appeals relating to section 166 orders
170Reserved judgments
171Recusal guidelines
172Memorials of judgments obtained out of New Zealand may be registered
173Access to court information, judicial information, or Ministry of Justice information
174Sharing of permitted information with other agencies
175Requirements that Registrars disclose information
176Fees to be paid into Crown Bank Account
177Judicial officers to continue in office to complete proceedings
178Costs where intervener or counsel assisting court appears
179Judgment against one of several persons jointly liable not a bar to action against others
180Rules of equity prevail over rules of common law
181Discharge of juror or jury
182Repeals
183Consequential amendments
184Regulations continued
185Rules continued
186Transitional provisions
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: