This Act may be cited as the Judicature Amendment Act (No. 2) 1968, and shall be read together with and deemed part of the Judicature Act 1908 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on the first day of January, nineteen hundred and sixty-nine.

2 Constitution of Rules Committee

(1)

The Judicature Amendment Act 1930 is hereby amended by repealing section 2 (as amended by section 9 of the Judicature Amendment Act 1957 and section 9 of the Judicature Amendment Act 1961), and substituting the following section:

“2.

“(1)

For the purposes of the principal Act there shall be a Rules Committee, to consist of—

“(a)

The Chief Justice and two other Judges of the Supreme Court:

“(b)

The Attorney-General:

“(c)

The Solicitor-General:

“(d)

The Secretary for Justice:

“(e)

Two persons, being barristers or solicitors of the Supreme Court, nominated by the Council of the New Zealand Law Society and approved by the Chief Justice.

“(2)

The members of the Rules Committee, other than the Chief Justice and those mentioned in paragraphs (b) to (d) of subsection (1) of this section, shall be appointed by the Chief Justice for a term not exceeding three years. Any such member may be reappointed, or may at any time resign his office by writing addressed to the Chief Justice.”

(2)

Those persons who were in office as appointed members of the Rules Committee immediately before the commencement of this Act shall vacate that office on the commencement of this Act, but any such person may be reappointed.

(3)

The Rules Committee constituted under section 2 of the Judicature Amendment Act 1930 after the commencement of this Act may continue and complete any matter or thing commenced by the Rules Committee constituted under that section before the commencement of this Act.

(4)

Section 3 of the Judicature Amendment Act 1930 is hereby amended by omitting from subsection (1) the word “four”, and substituting the word “two”.

(5)

The following enactments are hereby consequentially repealed:

(a)

Section 9 of the Judicature Amendment Act 1957:

(b)

Section 9 of the Judicature Amendment Act 1961.

3 Regulations

(1)

The principal Act is hereby amended by inserting, after section 100, the following section:

“100a.

Notwithstanding anything in section 3 of the Judicature Amendment Act 1930, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

“(a)

Prescribing the matters in respect of which fees are payable under this Act:

“(b)

Prescribing scales of fees for the purposes of this Act and for the purposes of any proceedings before the Supreme Court or the Court of Appeal, whether under this Act or any other enactment:

“(c)

Prescribing the poundage payable under section 37 and section 38 of this Act:

“(d)

Conferring on a Registrar, a Deputy Registrar, or any other person the power to determine the amount of the fee or poundage payable in a particular case and whether any fees or poundage should be refunded, remitted, or reduced:

“(e)

Altering or revoking the Sheriffs’ Fees Notice 1952 and any rules relating to fees contained in the Code of Civil Procedure set forth in the Second Schedule to this Act or in the Rules of the Court of Appeal set forth in the Third Schedule to this Act or any other rules of the Supreme Court or Court of Appeal relating to fees made before the commencement of this section.”

(2)

Section 3 of the Judicature Amendment Act 1930 (as amended by section 2(4) of this Act) is hereby further amended by omitting from subsection (2) the words “fees and”.

(3)

Section 53 of the principal Act is hereby amended by inserting, after the words “Civil Procedure”, the words “or by regulations made under this Act”.

(4)

Sections 40 and 41 of the principal Act are hereby repealed.

4 Savings

Nothing in this Act shall affect the validity of the Sheriffs’ Fees Notice 1952 or of any rules in force immediately before the commencement of this Act.

This Act is administered in the Department of Justice.

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Judicature Amendment Act (No 2) 1968