Act Repealed Latest version as at 11 October 1978 (as enacted) | 1978 No 55

Judicature Amendment Act 1978

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Contents

Short Title

Number of Judges of Supreme Court increased

Salaries and allowances of Judges

Poundage abolished

Judicature Amendment Act 1978

Public Act		1978 No 55
Date of assent		11 October 1978

	Title
1	Short Title
2	Number of Judges of Supreme Court increased
3	Salaries and allowances of Judges
4	Poundage abolished
	Administrative information

An Act to amend the Judicature Act 1908

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 Judicature Amendment Act 1978, and shall be read together with and deemed part of the Judicature Act 1908 (hereinafter referred to as the principal Act).

2 Number of Judges of Supreme Court increased

(1)

Section 4 of the principal Act (as inserted by section 4(1) of the Judicature Amendment Act 1957 and amended by section 2(1) of the Judicature Amendment Act 1977) is hereby amended by omitting from subsection (1) the expression “22”, and substituting the expression “25”.

(2)

Section 2 of the Judicature Amendment Act 1977 is hereby consequentially repealed.

3 Salaries and allowances of Judges

(1)

There shall be paid to the Judges of the Court of Appeal and to the Judges of the Supreme Court out of the Consolidated Account, without further appropriation than this section,—

(a)

Salaries at such rates as the Governor-General, by Order in Council from time to time determines; and

(b)

Such allowances as are from time to time prescribed by the Governor-General by Order in Council; and

(c)

Such additional allowances, being travelling allowances or other incidental or minor allowances, as may be fixed from time to time by the Governor-General.

(2)

No Order in Council shall be made under this section except on the recommendation of the Minister of Justice made after consultation by him with the Chief Justice.

(3)

Any Order in Council made under paragraph (a) or paragraph (b) of subsection (1) of this section, and any determination made under paragraph (c) of that subsection and any provision of any such order or determination, may be made so as to come into force on a date to be specified in that behalf in the order or determination, being the date of the making of the order or determination or any other date, whether before or after the date of the making of the order or determination or the date of the commencement of this section.

(4)

Every such Order in Council or determination, and every provision of any such order or determination, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the order or determination.

(5)

Every Order in Council made under subsection (1) of this section shall be deemed to be a regulation for the purposes of the Regulations Act 1936.

(6)

The following enactments are hereby consequentially repealed, namely:

(a)

Section 3 of the Judicature Amendment Act 1970:

(b)

Section 17(2) of the Judicature Amendment Act 1972:

(c)

Section 8 of the Judicature Amendment Act 1974.

4 Poundage abolished

(1)

The principal Act is hereby amended by repealing sections 37 to 39.

(2)

Section 42 of the principal Act is hereby amended by omitting the words “and all poundage levied as aforesaid”.

This Act is administered in the Department of Justice.

Judicature Amendment Act 1978