New Zealand Council of Law Reporting Act 1938

Reprint
as at 1 August 2008

Coat of Arms of New Zealand

New Zealand Council of Law Reporting Act 1938

Public Act1938 No 2
Date of assent18 August 1938
Commencement18 August 1938
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.

An Act to provide for the incorporation and reconstitution of the New Zealand Council of Law Reporting, and to define its powers and functions

  • Preamble

    Whereas the New Zealand Council of Law Reporting is an unincorporated association, consisting of the Attorney-General, the Solicitor-General, the President of the New Zealand Law Society, and 8 other barristers representing the principal District Law Societies in New Zealand, and formed primarily for the purpose of publishing or arranging for the publication of the series of reports of legal decisions known as The New Zealand Law Reports:

    And whereas it is desirable that the Council should be incorporated, that its constitution should be altered, and that its powers and functions should be defined.

1 Short Title

  • This Act may be cited as the New Zealand Council of Law Reporting Act 1938.

2 Interpretation

  • In this Act, unless the context otherwise requires, the expression the Council means the New Zealand Council of Law Reporting incorporated by this Act, and the expression the existing Council means the Council as existing immediately prior to the passing of this Act.

3 Incorporation of Council

  • (1) The Council shall on the passing of this Act become a body corporate by the name of The New Zealand Council of Law Reporting, having perpetual succession and a common seal, being capable of holding real and personal property, of suing and being sued, and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.

    (2) [Repealed]

    Section 3(2): repealed, on 26 November 1953, by section 2(7) of the Law Practitioners Amendment Act 1953 (1953 No 83).

4 Contracts of Council

  • (1) Any contract which if made between private persons must be by deed shall, when made by the Council, be in writing under the common seal of the Council.

    (2) Any contract which if made between private persons must be in writing signed by the parties to be charged therewith may, when made by the Council, be in writing signed by any person acting on behalf of and under the express or implied authority of the Council.

    (3) Any contract which if made between private persons may be made verbally without writing may, when made by the Council, be made verbally without writing by any person acting on behalf of and under the express or implied authority of the Council.

    (4) The common seal of the Council shall not be affixed to any document except pursuant to a resolution of the Council, and the execution of any document so sealed shall be attested by 2 members of the Council.

5 Assets and liabilities of existing Council to become assets and liabilities of corporation

  • (1) On the date of the passing of this Act all real and personal property of every description vested in any person or persons in the name or on behalf of the existing Council shall be deemed to be transferred to and vested in the Council as incorporated by this Act, without the necessity of any assignment, transfer, conveyance, or other assurance, but subject to all liabilities, charges, obligations, or trusts affecting that property, and all contracts, debts, liabilities, and obligations of the members of the existing Council, or any of them, in their capacity as such members, shall become contracts, debts, liabilities, and obligations of the Council as incorporated by this Act. All members of the existing Council and all former members are hereby declared to be released and discharged from all liability and responsibility whatsoever in respect of any property, contract, debt, liability, or obligation hereby transferred to or imposed on the Council.

    (2) Where any property vested in the Council by this section consists of any registered estate or interest in land or other property it shall be the duty of every Registrar, or other person charged with the duty of keeping any register, on the application of the Council supported by such certificate or certificates under the next succeeding subsection as may be required, to register the Council in the appropriate register or registers as the proprietor of such estate or interest.

    (3) A certificate signed by any person or persons registered as the proprietor of any estate or interest in land or other property that such estate or interest is held on behalf of the Council shall be accepted by every Registrar of Deeds, District Land Registrar, and other person concerned as conclusive proof of the facts therein certified to.

    (4) No stamp duty under the Stamp and Cheque Duties Act 1971 shall be payable in respect of the transfer to the Council of any property in accordance with this section.

    Section 5(4): amended, on 1 January 1972, pursuant to section 101(1) of the Stamp and Cheque Duties Act 1971 (1971 No 51).

6 Appointments by Council of New Zealand Law Society

  • (1) As soon as practicable after the passing of this Act, and thereafter from time to time as occasion may require, the Council of the New Zealand Law Society constituted under the Law Practitioners Act 1955 shall appoint 5 members of the New Zealand Law Society (being barristers of the High Court of New Zealand) to be members of the New Zealand Council of Law Reporting. The members so appointed shall come into office on a date to be fixed in accordance with the terms of their appointment.

    (2) On the coming into office of the members first appointed under this section the members of the Council then in office shall go out of office, and the Council shall thereafter be constituted in accordance with the provisions of the next succeeding section.

    Section 6(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

    Section 6(1): amended, on 1 January 1956, pursuant to section 124(1) of the Law Practitioners Act 1955 (1955 No 101).

7 Reconstitution of Council

  • (1) As soon as the members first appointed by the Council of the New Zealand Law Society in accordance with the last preceding section have come into office in accordance with the terms of their appointment, the Council shall be reconstituted, and thereafter shall consist of—

    • (a) the person for the time being holding office as the Attorney-General:

    • (aa) a Judge of the High Court to be appointed by the Chief Justice:

    • (b) the person for the time being holding office as the Solicitor-General:

    • (c) the person for the time being holding office as the President of the New Zealand Law Society in accordance with the provisions of section 117 of the Law Practitioners Act 1955:

    • (d) the persons for the time being appointed as members of the Council by the Council of the New Zealand Law Society in accordance with the provisions of the last preceding section.

    (2) The powers of the Council or the validity of its acts shall not be affected by any vacancy in the membership thereof or by any defect or irregularity in the appointment or qualification of any member.

    Section 7(1)(aa): inserted, on 11 November 1964, by section 2 of the New Zealand Council of Law Reporting Amendment Act 1964 (1964 No 41).

    Section 7(1)(aa): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

    Section 7(1)(c): amended, on 1 January 1956, pursuant to section 124(1) of the Law Practitioners Act 1955 (1955 No 101).

8 Term of office of appointed members

  • (1) [Repealed]

    (1A) Every member appointed by the Chief Justice shall be appointed for such term, not exceeding 3 years, as the Chief Justice may from time to time determine.

    (2) Every member appointed by the Council of the New Zealand Law Society shall be appointed for such term, not exceeding 4 years, as that Council may from time to time determine.

    (3) Any member who retires from office on the expiration of the term of his appointment may be reappointed.

    (4) Notwithstanding anything in the foregoing provisions of this section, every appointed member of the Council, unless he sooner vacates his office in accordance with section 8A or section 9, shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

    Section 8 heading: amended, on 11 November 1964, by section 3 of the New Zealand Council of Law Reporting Amendment Act 1964 (1964 No 41).

    Section 8(1): repealed, on 11 November 1964, by section 3(1) of the New Zealand Council of Law Reporting Amendment Act 1964 (1964 No 41).

    Section 8(1A): inserted, on 11 November 1964, by section 3(1) of the New Zealand Council of Law Reporting Amendment Act 1964 (1964 No 41).

    Section 8(2): replaced, on 11 November 1964, by section 3(1) of the New Zealand Council of Law Reporting Amendment Act 1964 (1964 No 41).

    Section 8(4): amended, on 11 November 1964, by section 3(2) of the New Zealand Council of Law Reporting Amendment Act 1964 (1964 No 41).

8A Extraordinary vacancies

  • The office of a member of the Council appointed by the Chief Justice shall become vacant in any of the following circumstances:

    • (a) if he dies; or

    • (b) if he ceases to be a Judge of the High Court; or

    • (c) if he resigns his office, by writing under his hand addressed to the Chairperson of the Council or to the principal administrative officer of the Council.

    Section 8A: inserted, on 11 November 1964, by section 4(1) of the New Zealand Council of Law Reporting Amendment Act 1964 (1964 No 41).

    Section 8A(b): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

    Section 8A(c): amended, on 28 July 1997, by section 3(1) of the New Zealand Council of Law Reporting Amendment Act 1997 (1997 No 51).

9 Extraordinary vacancies

  • (1) The office of a member of the Council appointed by the Council of the New Zealand Law Society shall become vacant in any of the following circumstances:

    • (a) if he dies; or

    • (b) if he resigns his office, by writing under his hand addressed to the Chairperson of the Council or to the principal administrative officer of the Council; or

    • (c) if he becomes bankrupt, or makes any composition with his creditors for less than 100 cents in the dollar, or makes an assignment of his estate for the benefit of his creditors; or

    • (d) if he becomes of unsound mind; or

    • (e) if, in the opinion of the Council of the New Zealand Law Society, he has been guilty of any gross misconduct (in which case he may be removed from office by resolution of the Council of the said Society).

    (2) On the vacation of office by any appointed member of the Council in accordance with the last preceding subsection, the Council of the New Zealand Law Society shall appoint a qualified person to hold office as his successor for the residue of the term for which the first-mentioned member was appointed.

    Section 9(1): amended, on 11 November 1964, by section 4(2) of the New Zealand Council of Law Reporting Amendment Act 1964 (1964 No 41).

    Section 9(1)(b): amended, on 28 July 1997, by section 3(1) of the New Zealand Council of Law Reporting Amendment Act 1997 (1997 No 51).

10 Chairperson

  • The Attorney-General is the Chairperson of the Council and, when present, presides at all meetings.

    Section 10: replaced, on 28 July 1997, by section 2 of the New Zealand Council of Law Reporting Amendment Act 1997 (1997 No 51).

10A Deputy Chairperson

  • (1) At its first meeting in each calendar year the Council must elect one of its members to be Deputy Chairperson.

    (2) The Deputy Chairperson, when present, presides at all meetings of the Council in the absence of the Chairperson.

    (3) Subject to subsection (4), the Deputy Chairperson holds office until a successor is elected under this section, and is eligible for re-election.

    (4) The office of Deputy Chairperson becomes vacant in any of the following circumstances:

    • (a) if the Deputy Chairperson dies; or

    • (b) if the Council removes the Deputy Chairperson from office; or

    • (c) if the Deputy Chairperson resigns, by writing addressed to the Chairperson of the Council, or to the principal administrative officer of the Council; or

    • (d) if the Deputy Chairperson ceases to be a member of the Council.

    (5) Where the office of Deputy Chairperson becomes vacant, an election to fill the vacancy must be held as soon as is reasonably practicable after its occurrence.

    Sections 10A: inserted, on 28 July 1997, by section 2 of the New Zealand Council of Law Reporting Amendment Act 1997 (1997 No 51).

10B Absence of Chairperson and Deputy Chairperson

  • In the absence from any meeting of both the Attorney-General and the Deputy-Chairperson, the members present must elect one of their number to be the chairperson for the purposes of that meeting.

    Sections 10B: inserted, on 28 July 1997, by section 2 of the New Zealand Council of Law Reporting Amendment Act 1997 (1997 No 51).

10C Alternates

  • (1) If any member of the Council appointed by the Chief Justice is absent from any meeting of the Council, any Judge of the High Court authorised in that behalf by the Chief Justice is entitled to attend the meeting.

    (2) If the Solicitor-General is absent from any meeting of the Council, any person employed in the Crown Law Office authorised by the Solicitor-General is entitled to attend the meeting.

    (3) If the President of the New Zealand Law Society is absent from any meeting of the Council, a Vice-President of that Society authorised by the Council of that Society is entitled to attend.

    (4) A person appointed under this section is, for the purpose of those meetings, deemed to be a member of the Council and that person's attendance is evidence of authority to do so.

    Sections 10C: inserted, on 28 July 1997, by section 2 of the New Zealand Council of Law Reporting Amendment Act 1997 (1997 No 51).

10D Proceedings of Council

  • (1) At any meeting of the Council 4 members form a quorum.

    (2) Except as otherwise provided in section 14, every question before the Council must be decided by a majority of the votes of the members present at a meeting of the Council.

    (3) On every such question the Chairperson has a deliberative vote, and, in the case of an equality of votes, has a casting vote.

    (4) Except as provided in this section and sections 10 to 10C, the Council may govern its own procedure.

    Sections 10D: inserted, on 28 July 1997, by section 2 of the New Zealand Council of Law Reporting Amendment Act 1997 (1997 No 51).

11 Appointment of officers

  • The Council may from time to time, for such period and on such other terms and conditions as it thinks fit, appoint such officers and servants as it deems necessary for the efficient discharge of its functions under this Act.

12 Functions of the Council

  • (1) The principal function of the Council shall be to prepare, publish, and sell or to arrange for the preparation, publication, and sale of reports of such judicial decisions, given in New Zealand or elsewhere, as may, in its opinion, be necessary or of value to persons engaged in the administration or practice of law in New Zealand. The Council may also if it thinks fit prepare, publish, and sell or arrange for the preparation, publication, and sale of any other legal works, and may on such terms as it thinks fit buy and sell copies of law reports or other legal publications.

    (2) The Council may if it thinks fit, on such terms as may be mutually agreed upon, purchase the business of any person, firm, or company engaged in the preparation, publication, or sale in New Zealand of any series of law reports (to the extent to which such business relates to the preparation, publication, or sale of such reports), and may as it thinks fit discontinue any such business or continue it wholly or in part.

    (3) No person, firm, or company other than the Council may, without the consent of the New Zealand Law Society, commence the publication of, or publish, a new series of reports of decisions of the High Court or Court of Appeal or of the Land Valuation Tribunal (either separately or in conjunction with reports of other judicial decisions).

    (4) After the commencement of the New Zealand Council of Law Reporting Amendment Act 2006, no person, firm, or company other than the Council may, without the consent of the New Zealand Law Society,—

    • (a) commence the publication of, or publish, a new series of reports of decisions of the Supreme Court (either separately or in conjunction with reports of other judicial decisions); or

    • (b) continue the publication of a series of reports of decisions of the Supreme Court (either separately or in conjunction with reports of other judicial decisions) whose publication commenced before the commencement of that Act.

    (5) The New Zealand Law Society may give its consent under subsection (3) or subsection (4) if—

    • (a) the Council has failed to publish, or has failed to arrange for there to be published, within a reasonable time and at a reasonable cost to purchasers, adequate reports of the decisions of the High Court or Court of Appeal or Supreme Court or of the Land Valuation Tribunal; or

    • (b) the New Zealand Law Society, in consultation with the Council, determines that it is appropriate to grant consent for—

      • (i) a particular decision to be published in a particular publication; or

      • (ii) a series of decisions that relate to a particular area of law to be published in specialist law reports.

    (6) Despite subsection (4), the Chief Justice may, after consultation with the New Zealand Law Society, authorise any person, firm, or company other than the Council to publish reports of the decisions of the Supreme Court.

    Section 12(3): replaced, on 10 April 2006, by section 4 of the New Zealand Council of Law Reporting Amendment Act 2006 (2006 No 17).

    Section 12(4): inserted, on 10 April 2006, by section 4 of the New Zealand Council of Law Reporting Amendment Act 2006 (2006 No 17).

    Section 12(5): inserted, on 10 April 2006, by section 4 of the New Zealand Council of Law Reporting Amendment Act 2006 (2006 No 17).

    Section 12(6): inserted, on 10 April 2006, by section 4 of the New Zealand Council of Law Reporting Amendment Act 2006 (2006 No 17).

13 Refund of travelling expenses to members of Council

  • The Council may out of its funds reimburse to any member of the Council the travelling and other expenses reasonably incurred by such member in attending any meeting of the Council or otherwise in connection with the business of the Council.

14 Council may make payments to New Zealand Law Society or to District Law Societies

  • [Repealed]

    Section 14: repealed, on 1 August 2008, by section 349 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

15 Investment of moneys not immediately required for purposes of Council

  • Any moneys belonging to the Council that are not immediately required for expenditure by the Council may be invested in any manner in which trustees are for the time being authorised to invest trust funds.

16 Subsidiary powers of Council

  • Nothing in the foregoing provisions of this Act shall be construed to restrict the power of the Council to expend any moneys belonging to the Council for any purpose that in its opinion is ancillary to the principal functions of the Council as defined in section 12.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the New Zealand Council of Law Reporting Act 1938. The reprint incorporates all the amendments to the Act as at 1 August 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)