Skip to main content
Act Repealed Latest version as at 29 September 1925 (as enacted) | 1925 No 19

District Courts Abolition Act 1925

Checking for related legislation...
Download
Section view
Section view
Act Repealed Latest version as at 29 September 1925 (as enacted) | 1925 No 19

District Courts Abolition Act 1925

Checking for alerts...

District Courts Abolition Act 1925

Public Act
  
1925 No 19
Date of assent
  
29 September 1925
 

Contents

An Act to abolish District Courts.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

This Act may be cited as the District Courts Abolition Act, 1925.

2 Abolition of District Courts.

The District Courts Act, 1908, is hereby repealed, and all District Courts existing under that Act are hereby abolished.

3 Miscellaneous statutory amendments.

The enactments mentioned in the Schedule to this Act are hereby amended in the manner set forth in that Schedule.

4 Records and registers receivable as evidence.

Every record or register of the proceedings of any District Court, or of any Judge thereof, shall be receivable as evidence of the matters therein recorded or registered, and the contents of any such record or register may be proved by the production of a certified copy thereof or extract therefrom under the seal of the Registrar of the Supreme Court in whose custody such record or register may be.

5 Abolition of District Courts not to affect judgments or other determinations already given.

Notwithstanding the abolition of the District Courts, all judgments, convictions, orders, and other determinations heretofore made or given by any such Court or by any Judge thereof, and all acts and things heretofore lawfully done by any such Court or by any Judge or officer thereof, shall remain in full force and effect.

6 Supreme Court may enforce determinations of District Courts.

All judgments, convictions, orders, and other determinations of any District Court or of any Judge thereof may be enforced, varied, reversed, annulled, or otherwise dealt with by the Supreme Court or any Judge thereof in like manner as if they had been given or made by the Supreme Court or a Judge thereof; and execution on any such judgment may, with the leave of a Judge of the Supreme Court, be issued from any office of the Supreme Court accordingly.

Schedule

Enactments amended. Nature of Amendment.
The Administration Act, 1908—
Section 2, subsections (2), (3), and (4) Repealed.
The Bankruptcy Act, 1908—
Section 2 Amended by repealing the definition of “District Court.”
Section 4 Repealed.
Section 10, subsection (1) Amended by omitting the words “District Court and a”; by omitting the word “their,” and substituting the word “its”; by omitting the words “or of any Judge thereof” where those words first occur; by omitting the words “District Court or”; and by omitting the words “as the case may be.”
Section 10, subsection (2) Amended by omitting the words “District Court or,” and also the words “the Judge of the District Court or.”
Section 11, subsection (1) Amended by omitting the words “District Court or,” and also the words “the Judge of a District Court or.”
Section 11, subsection (2) Amended by omitting the words “District Court or.”
Section 11, subsection (3) Amended by omitting the words “or a District Court,” and the words “District Court or” wherever those words occur.
Section 14 Amended by omitting all words after the word “action.”
Section 16 Amended by omitting the words “District Court or” wherever those words occur.
Section 157 Amended by omitting the words “by a Judge of the District Court or,” and also the words “District Court or.”
Section 158 Amended by omitting the words “Judge or.”
Section 159 Amended by omitting the words “the Judge of the District Court or.”
Section 161 Amended by omitting the words “the Judge of the District Court or.”
The Building Societies Act, 1908—
Section 2 Amended—
(a.)

By omitting from paragraph (a) in the definition of “Court” the words “The District Court of the district,” and substituting therefor the words “The Supreme Court, within the Supreme Court district.”

(b.)

By repealing paragraph (b).
The Companies Act, 1908—
Sections 217 to 219 Repealed.
Section 261, subsection (1) Amended by omitting all the words of paragraph (a) after the words “by the Court,” and by omitting paragraph (b).
Section 350, subsection (6) Amended by omitting the words “or of a District Court.”
The Crimes Act, 1908—
Section 2 Amended by omitting all the words of the definition of “Registrar” after the words “Supreme Court.”
Section 407 Amended by omitting the words “or the Crown counsel at any District Court.”
Section 446, subsection (2) Repealed.
The Distress and Replevin Act, 1908—
Section 18 Amended by omitting the words “District Court or.”
The Evidence Act, 1908—
Section 2 Amended by omitting the words “any District Court” in the definition of “Court,” and also the words “or of any District Court” in the definition of “Judge.”
Section 18, subsection (2) Amended by omitting the words “District Court.”
The Government Railways Act, 1908—
Section 57 Amended by omitting the words “Judge of the District Court, or a.”
The Imprisonment for Debt Limitation Act, 1908—
Section 2 Amended by omitting from the definition of “prescribed” the words “As respects the District Courts, prescribed by general rules made under the District Courts Act, 1908.”
Section 4, paragraph (c) Repealed.
Section 4, paragraph (d) Amended by omitting the words “by a District Court Judge or his Deputy, or.”
The Industrial Schools Act, 1908—
Section 2 Amended by omitting from the definition of “Judge” the words “or of a District Court.”
Section 42 Amended by omitting from paragraph (b) the words “or any District Court.”
Section 72 Amended by omitting the words “or District Court.”
The Inebriates Institutions Act, 1908—
Section 6 Amended by omitting the words “or District.”
Section 7, subsection (1) Amended by omitting the words “or District.”
Section 10, subsection (1) Amended by omitting the words “or a District Court.”
Section 14, subsection (1) Amended by omitting the words “or District.”
The Infants Act, 1908—
Section 15 Amended—
(a.)

By omitting from the definition of “Clerk of the Court” the words “District Court or,” and also the words “as the case may be.”

(b.)

By omitting from the definition of “Judge” the words “a Judge of any District Court or.”
The Judicature Act, 1908—
Section 97, subsection (2) Amended by omitting the words “District or” and “District Court or” wherever those words occur.
The Juries Act, 1908—
Section 6 Amended by omitting from paragraph (c) the words “Judges of District Courts.”
Section 12, subsection (1) Amended by omitting the words “or any District Court,” and also all the words of paragraph (a) after the words “Court are held.”
Section 26, subsection (3) Repealed.
Section 47 Amended by omitting the words “or of the District Court.”
Section 61 Amended by omitting the words “or District Court.”
Section 63 Amended by omitting the words “or for the trial of criminal cases in the District Court,” and also the words “Courts respectively,” and substituting the word “Court.”
Section 92, subsection (1) Amended by omitting the words “and District Courts respectively.”
Section 93 Amended by omitting the words “and all District Courts and Judges thereof,” and also the word “respectively.”
Section 112 Amended by omitting the words “or any District Court.”
Section 127 Amended by omitting the words “or in any criminal case in any District Court.”
Section 162 Amended by omitting the words “or the District Court.”
Section 168 Amended by omitting the words “or District Court.”
Sections 178 to 181 Repealed.
The Justices of the Peace Act, 1908—
Section 171 Amended by omitting the words “or signed by any person lawfully authorized in any District Court,” and also the words “or Clerk.”
Section 300 Amended by omitting the words “or to a District Court.”
Section 302, subsection (1) Amended by omitting all words after the words “may appeal” to but not including the words “to the Supreme Court.”
Section 302, subsection (3) Repealed.
Section 307 Amended by omitting the words “or Clerk” wherever they occur.
Section 307, subsection (2) Amended by omitting the words “or District Court.”
Section 307, subsection (3) Amended by omitting all words after the words “A Judge at Chambers” to but not including the words “may appoint.”
Section 308 Repealed.
Section 309 Amended by omitting the words “or any District.”
Section 312, subsection (1) Amended by omitting the words “or any District.”
Section 313 Amended by omitting the words “or the District Court (as the case may be).”
Section 314 Amended by omitting the words “or District Court”; also by omitting the words “any such,” and substituting the word “the.”
Section 317 Repealed.
Section 325 Amended by omitting the words “or any District,” and also the words “or Clerk.”
Section 327, subsection (1) Amended by omitting the words “or District Court, as the case may be,” and by substituting the word “Court”; and also by omitting the words “or the Clerk of the District Court, as the case may be.”
Section 327, subsection (2) Amended by omitting the words “or Clerk, as the case may be.”
Section 329 Amended by omitting the words “or Clerk of the District Court, as the case may be.”
Section 330 Amended by omitting the words “or Clerk.”
Section 331 Amended by omitting the words “or Clerk.”
Section 334, subsection (1) Amended by omitting the words “or Clerk of the District Court” wherever those words occur.
Section 334, subsection (2) Amended by omitting the words “or Clerk.”
Section 336 Amended by omitting the words “or District.”
Section 337, subsection (2) Repealed.
Section 347, subsections (2) and (3) Repealed.
Section 350 Amended by omitting all words after the words “upon such plea.”
Section 351, subsection (1) Amended by omitting the words “or Clerk of the Court.”
Section 355 Amended by omitting all words after the words “settled therein” to and including the words “paying money into Court.”
The Legislature Act, 1908—
Section 257, subsection (1) Amended by omitting the words “and District Courts.”
Section 258 Amended by omitting the words “or any District Court.”
The Magistrates’ Courts Act, 1908—
Section 119, subsection (1) Amended by omitting the words “or any District Court,” and also the words “or of the application to the Clerk of the District Court for the issue of the warrant to be executed.”
Section 119, subsection (2) Amended by omitting the words “and the bailiff of the District Court on demand shall show his warrant to the bailiff or other person to whom such warrant of distress is directed,” and also the words “or to the bailiff of the District Court.”
The Mining Act, 1908—
Section 285, subsection (1) Amended by omitting the proviso thereto.
Section 336, subsection (1) Amended by omitting the words from and including “the District Court having jurisdiction” to the words “both parties to the appeal consent, then.”
Section 336, subsection (3) Amended by omitting the words “or Clerk.”
Section 338, paragraph (a) Amended by omitting the words “Clerk or.”
Section 339, paragraph (b) Amended by omitting the words “Clerk or.”
Section 340 Amended—
(a.)

By omitting from the first proviso the words “where the Appellate Court is the Supreme Court the Judge thereof,” and substituting therefor the words “the Judge of the Appellate Court.”

(b.)

By omitting the second proviso thereto.
Section 344 Amended by omitting the words “Clerk or.”
Section 347 Repealed.
Section 348 Amended by omitting the words from and including “or in a District Court” to the words “section three hundred and forty-seven hereof.”
Section 350 Repealed.
Section 351 Amended by omitting the words “or in the District Court,” and also the words “or District Court.”
Section 352 Amended by omitting the words “or the District Court.”
The Police Offences Act, 1908—
Section 52, subsection (2) Amended by omitting the words “or of the District Court, whichever will then next be held.”
Section 52, subsection (3) Amended by omitting the words “or District Court.”
The Prisons Act, 1908—
Section 34 Amended by omitting the words “or in any District Court.”
The Promissory Oaths Act, 1908—
Second Schedule Amended by omitting the words “The Judges of District Courts.”
The Public Works Act, 1908—
Section 53 Amended by omitting the words “a Judge of a District Court or.”
Section 55 Amended by omitting the words “a Judge of a District Court or” wherever those words occur, and also by omitting the words “as the case may be.”
Section 61, paragraph (b) Amended by omitting the words “Judge of the District Court or,” and the words “as the case may be.”
The Wages Protection and Contractors’ Liens Act, 1908—
Section 2 Amended by omitting from the definition of “Clerk of Court” the words “or District.”
Section 63, subsection (2) Repealed.
Section 64 Amended by omitting the words “to a District Court or the Supreme Court, and from a District Court,” and also the word “respectively” where it first occurs, and the words “and from a District Court respectively.”
Section 87 Amended by omitting the words “District Court or,” the words “the District Court or,” and the words “as the case may be.”
The Water-supply Act, 1908—
Section 15, subsection (1) Amended by omitting all words after the words “appeal against the same,” and substituting the words “to any Magistrate’s Court in the district or to the Supreme Court at the option of the party appealing.”
Section 15, subsection (5) Amended by omitting the words “District Court or.”
Act Repealed Latest version as at 29 September 1925 (as enacted)

District Courts Abolition Act 1925

RSS feed link copied, you can now paste this link into your feed reader.