Judicature Act 1908

Before its repeal, this Act was administered by: Ministry of Justice

repealed
Judicature Act 1908: repealed, on 1 January 2018, pursuant to section 182(4) of the Senior Courts Act 2016 (2016 No 48).

Search within this Act

Reprint as at 1 January 2018

Judicature Act 1908

Public Act		1908 No 89
Date of assent		4 August 1908
Commencement		see section 1(2)

Judicature Act 1908: repealed, on 1 January 2018, pursuant to section 182(4) of the Senior Courts Act 2016 (2016 No 48).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 official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

	Title
1	Short Title, etc [Repealed]
2	Interpretation [Repealed]
	Part 1 The High Court [Repealed]
	Constitution of the court [Repealed]
3	Supreme Court reconstituted as High Court [Repealed]
4	The Judges of the High Court [Repealed]
4A	Chief High Court Judge [Repealed]
4B	Functions of Chief High Court Judge [Repealed]
4C	Judges of High Court act on full-time basis but may be authorised to act part-time [Repealed]
5	Senior Judge to act as Chief Justice in certain circumstances [Repealed]
6	Judges to be barristers or solicitors [Repealed]
7	Commissions of Judges to continue during good behaviour [Repealed]
8	Judges may be removed or suspended on address of both Houses of Assembly to the Queen [Repealed]
9	Governor may suspend Judge when Parliament not sitting [Repealed]
9A	Salaries and allowances of Judges [Repealed]
10	Salaries of Judges not to be diminished [Repealed]
11	Temporary Judges [Repealed]
11A	Former Judges [Repealed]
11B	Certificate by Chief Justice and Chief High Court Judge [Repealed]
12	Superannuation allowance of Judges [Repealed]
13	Age of retirement [Repealed]
14	Rights on retirement before attaining retiring age [Repealed]
15	How superannuation allowances of the existing Judges to be computed [Repealed]
	Jurisdiction of the court [Repealed]
16	General jurisdiction [Repealed]
16A	Power to award damages as well as, or in substitution for, injunction or specific performance [Repealed]
17	Jurisdiction as to mentally disordered persons, etc [Repealed]
17A	Jurisdiction as to liquidation of associations [Repealed]
17B	Application of Companies Act 1993 [Repealed]
17C	Meaning of inability to pay debts [Repealed]
17D	Power of liquidator to enforce liabilities [Repealed]
17E	Actions stayed on liquidation [Repealed]
18	No jurisdiction in cases of felonies or misdemeanours committed prior to 14 January 1840 [Repealed]
19	Powers of the court may be exercised by 1 or more Judges [Repealed]
19A	Certain civil proceedings may be tried by jury [Repealed]
19B	All other civil proceedings to be tried before Judge alone, unless court otherwise orders [Repealed]
19C	Questions of foreign law to be decided by Judge [Repealed]
20	Governor in Council may divide New Zealand into districts [Repealed]
21	Actions and proceedings to be taken in the district prescribed by the Code of Civil Procedure [Repealed]
22	How applications to be made when Judge absent or unable to act [Repealed]
23	Governor-General may appoint special sittings [Repealed]
23A	Offices of the High Court [Repealed]
24	Registrar may act for Judge in certain cases [Repealed]
	Commercial list [Repealed]
24A	Establishment of commercial list [Repealed]
24B	Proceedings eligible for commercial list [Repealed]
24C	Commercial list Judges [Repealed]
24D	Directions for speedy determination of real questions in proceedings on commercial list [Repealed]
24E	Agreement not to appeal [Repealed]
24F	Proceedings not to be tried by jury [Repealed]
24G	Restriction of right of appeal from interlocutory decisions [Repealed]
	Administrative Division of the court [Repealed]
25	Administrative Division of the High Court [Repealed]
26	Jurisdiction of Administrative Division [Repealed]
26A	Lay members or assessors in certain cases [Repealed]
26B	Rules relating to Administrative Division [Repealed]
	Associate Judges of the High Court [Repealed]
26C	Appointment of Associate Judges [Repealed]
26D	Associate Judges act on full-time basis but may be authorised to act part-time [Repealed]
26E	Vacation of office [Repealed]
26F	Salaries and allowances of Associate Judges [Repealed]
26G	Superannuation or retiring allowances of Associate Judges [Repealed]
26H	Temporary Associate Judges [Repealed]
26I	Associate Judge may exercise certain powers of the court [Repealed]
26IA	Ancillary powers of Associate Judge [Repealed]
26IB	Judge or Associate Judge may, by video link, preside at hearing of specified matters [Repealed]
26J	Power to make rules conferring specified jurisdiction and powers of Judge in chambers on Associate Judges [Repealed]
26K	Power of Associate Judge to deal with witnesses and to punish for contempt [Repealed]
26L	Associate Judge to have no power to make order for committal, attachment, or arrest [Repealed]
26M	Associate Judge may act as referee [Repealed]
26N	Transfer of proceedings from Associate Judge to Judge [Repealed]
26O	Power of Associate Judge to adjourn proceedings [Repealed]
26P	Review of, or appeals against, decisions of Associate Judges [Repealed]
26Q	Immunity of Associate Judges [Repealed]
26R	Jurisdiction of Judge not affected [Repealed]
	Officers [Repealed]
27	Appointment of officers [Repealed]
	Registrars [Repealed]
28	Powers of Registrars [Repealed]
	Sheriffs [Repealed]
29	Sheriffs and Deputy Sheriffs [Repealed]
30	Sheriff’s oath [Repealed]
31	Sureties may withdraw [Repealed]
32	Duties, etc, of Sheriffs [Repealed]
33	Sheriff to act as Queen’s bailiff [Repealed]
34	Sheriff not to act as barrister or solicitor [Repealed]
35	Service of process when Sheriff disqualified [Repealed]
36	Persons arrested by Sheriffs may be committed to prison at once [Repealed]
	Poundage and fees [Repealed]
37	Calculation of Sheriff’s poundage [Repealed]
38	Appointment of, and oath taken by, appraiser [Repealed]
39	Goods defined [Repealed]
40	Sheriffs’ and poundage fees [Repealed]
41	Fee in special cases [Repealed]
42	Fees to be paid into Crown Bank Account [Repealed]
	Deputy Sheriffs and Acting Sheriffs [Repealed]
43	Where Sheriff not present at sitting of court, duties of Sheriff may be performed by any person appointed by the court or Judge [Repealed]
44	Provision in cases of vacancy in office of Sheriff [Repealed]
45	Governor may appoint Deputy Sheriffs [Repealed]
46	When Deputies to act [Repealed]
	Commissioners to administer oaths [Repealed]
47	Commissioners to take affidavits, etc, out of New Zealand [Repealed]
48	Affidavits, etc, so taken to be of like effect as if taken in New Zealand [Repealed]
49	Commission may be revoked [Repealed]
	Practice and procedure of the court [Repealed]
50	Seal of the court [Repealed]
51	High Court Rules [Repealed]
51A	Publication of High Court Rules under Legislation Act 2012 [Repealed]
51B	Rules Committee [Repealed]
51C	Power to make rules [Repealed]
51D	Rules of court under other Acts to be made in manner provided by this Act [Repealed]
51E	Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court [Repealed]
51F	Power to make rules conferring specified jurisdiction and powers of Judge on Registrars or Deputy Registrars [Repealed]
51G	Jurisdiction of court to award costs in all cases [Repealed]
52	Power of Judge to hold or adjourn sitting [Repealed]
53	Fees to be paid into Crown Bank Account [Repealed]
54	Service of process on Sundays void [Repealed]
54A	Verdict of three-fourths [Repealed]
54B	Discharge of juror or jury [Repealed]
	Miscellaneous rules of law and of practice [Repealed]
	Habeas corpus [Repealed]
54C	Procedure in respect of habeas corpus [Repealed]
	Absconding debtors [Repealed]
55	Power under certain circumstances to arrest defendant about to quit New Zealand [Repealed]
	Foreign creditors [Repealed]
56	Memorials of judgments obtained out of New Zealand may be registered [Repealed]
	Witnesses [Repealed]
56A	Failure of witness to attend [Repealed]
56B	Refusal of witness to give evidence [Repealed]
56BB	Witnesses entitled to expenses [Repealed]
	Contempt of court [Repealed]
56C	Contempt of court [Repealed]
	Immigration matters [Repealed]
56CA	Judicial review of decisions under Immigration Act 1987 [Repealed]
	Part 1A Special provisions applying to certain proceedings in the High Court and the Federal Court of Australia [Repealed]
56D	Interpretation [Repealed]
56DB	Trans-Tasman Proceedings Act 2010 does not affect this Part [Repealed]
56DC	Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part [Repealed]
56E	High Court may order New Zealand proceedings to be heard in Australia [Repealed]
56F	Australian counsel entitled to practise in High Court [Repealed]
56G	High Court may set aside subpoena issued in New Zealand proceeding [Repealed]
56H	Injunctions and orders in New Zealand proceedings [Repealed]
56I	Issue of subpoenas in New Zealand proceedings [Repealed]
56J	Powers of Federal Court of Australia [Repealed]
56K	Issue of subpoenas in Australian proceedings [Repealed]
56L	Failure of witness to comply with subpoena issued in Australian proceeding [Repealed]
56M	Federal Court of Australia may administer oaths in New Zealand [Repealed]
56N	Orders made by Federal Court of Australia not subject to review [Repealed]
56O	Contempt of Federal Court of Australia [Repealed]
56P	Arrangements to facilitate sittings [Repealed]
56Q	Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings [Repealed]
56R	High Court may take evidence at request of Federal Court [Repealed]
56S	Power to make rules for purposes of this Part [Repealed]
	Part 2 The Court of Appeal [Repealed]
	Constitution of the court [Repealed]
57	Constitution of Court of Appeal [Repealed]
57A	Judges of Court of Appeal act on full-time basis but may be authorised to act part-time [Repealed]
58	Court of Appeal to sit in divisions [Repealed]
58A	Composition of criminal appeals division or divisions [Repealed]
58B	Composition of civil appeals division or divisions [Repealed]
58C	Assignment of Judges to divisions [Repealed]
58D	Court of Appeal to sit as full court in certain cases [Repealed]
58E	Cases of sufficient significance for full court [Repealed]
58F	High Court Judges sitting on full court [Repealed]
58G	Authority of High Court Judges [Repealed]
59	Judgment of Court of Appeal [Repealed]
60	Sittings of Court of Appeal [Repealed]
60A	Court of Appeal may sit in divisions [Repealed]
61	Adjournment in cases of absence of some of the Judges [Repealed]
61A	Incidental orders and directions may be made and given by 1 Judge [Repealed]
62	Power to remit proceedings to the High Court [Repealed]
63	Judgments of Court of Appeal may be enforced by the High Court [Repealed]
	Civil jurisdiction [Repealed]
	Removal of proceedings from the High Court [Repealed]
64	Transfer of civil proceedings from High Court to Court of Appeal [Repealed]
65	Decision of Court of Appeal final as regards tribunals of New Zealand [Repealed]
	Appeals from decisions of the High Court [Repealed]
66	Court may hear appeals from judgments and orders of the High Court [Repealed]
	Appeals from inferior courts [Repealed]
67	Appeals against decisions of High Court on appeal [Repealed]
68	Direct appeal from decision of inferior courts [Repealed]
	Criminal jurisdiction [Repealed]
	Trial at bar [Repealed]
69	Trial at bar [Repealed]
	Appeals from convictions [Repealed]
70	Appeal from judgment of Supreme Court on conviction [Repealed]
	Miscellaneous [Repealed]
71	Rules of practice [Repealed]
72	Appointment of officers [Repealed]
73	Powers and duties of officers [Repealed]
74	Court seal [Repealed]
75	Power to fix fees [Repealed]
	Part 3 Rules and provisions of law in judicial matters generally [Repealed]
	Removal of technical defects [Repealed]
76	Power to courts to amend mistakes and supply omissions in warrants, orders, etc [Repealed]
	Limitation of actions [Repealed]
77	Limitation of actions for merchants’ accounts [Repealed]
78	Limitation not barred by claims subsequently arising [Repealed]
79	Absence beyond seas or imprisonment of a creditor not to be a disability [Repealed]
80	Period of limitation to run as to joint debtors in New Zealand, though some are beyond seas [Repealed]
81	Judgment recovered against joint debtors in New Zealand to be no bar to proceeding against others beyond seas after their return [Repealed]
82	Part payment by one contractor, etc, not to prevent bar in favour of another contractor, etc [Repealed]
	Sureties [Repealed]
83	Consideration for guarantee need not appear by writing [Repealed]
84	A surety who discharges the liability to be entitled to assignment of all securities held by the creditor [Repealed]
85	Rights of surety in such case [Repealed]
86	Rights of co-sureties, etc, as between themselves [Repealed]
	Interest on money [Repealed]
87	Interest on debts and damages [Repealed]
	Lost instruments [Repealed]
88	Actions on lost instruments [Repealed]
	Continued exercise of powers by judicial officers [Repealed]
88A	Judicial officers to continue in office to complete proceedings [Repealed]
	Miscellaneous provisions and rules of law [Repealed]
88B	Restriction on institution of vexatious actions [Repealed]
89	Administration suits [Repealed]
90	Stipulations not of the essence of contracts [Repealed]
91	Damages by collision at sea [Repealed]
92	Discharge of debt by acceptance of part in satisfaction [Repealed]
93	Provisions of 9 Geo IV, c 14, ss 1 and 8, extended to acknowledgments by agents [Repealed]
94	Judgment against one of several persons jointly liable not a bar to action against others [Repealed]
94A	Recovery of payments made under mistake of law [Repealed]
94B	Payments made under mistake of law or fact not always recoverable [Repealed]
95	Limitation of time within which wills may be impeached [Repealed]
96	Jurisdiction as to costs in administration suits [Repealed]
97	Court empowered to grant special relief in cases of encroachment [Repealed]
98	Custody and education of infants [Repealed]
98A	Proceedings in lieu of writs [Repealed]
99	In cases of conflict rules of equity to prevail [Repealed]
99A	Costs where intervener or counsel assisting court appears [Repealed]
99B	Technical advisers [Repealed]
99C	Appointment and other matters [Repealed]
99D	Procedure and rules relating to technical advisers [Repealed]
100	Independent medical examination [Repealed]
100A	Regulations [Repealed]
100B	Reviews of decisions of Registrars concerning fees [Repealed]
101	Words imputing unchastity to women actionable without special damage [Repealed]
	Schedule 1 Enactments consolidated [Repealed]
	Schedule 2 High Court Rules [Repealed]
	Schedule 3 Rules of the Court of Appeal [Repealed]
	Judicature Amendment Act 1910
	Judicature Amendment Act 1952
	Judicature Amendment Act 1972
	Judicature Amendment Act 1997
	High Court Amendment (Wills Act 2007) Rules 2007
	Judicature (High Court Rules) Amendment Act 2008
	High Court Amendment Rules 2009
	High Court (Access to Court Documents) Amendment Rules 2009
	Judicature (Judicial Matters) Amendment Act 2010
	High Court Amendment Rules 2010
	High Court Amendment Rules (No 2) 2010
	Reprint notes

An Act to consolidate certain enactments of the Parliament of New Zealand relating to the High Court and the Court of Appeal, and to certain rules and provisions of law in judicial matters generally

Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

Title: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

New Zealand Legislation

List of access keys

Quick search

My recent searches

Judicature Act 1908

Judicature Act 1908

Note

Contents