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Act Repealed Latest version as at 01 July 1994 (as enacted) | 1994 No 42

Judicature Amendment Act 1994

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Act Repealed Latest version as at 01 July 1994 (as enacted) | 1994 No 42

Judicature Amendment Act 1994

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Judicature Amendment Act 1994

Public Act
  
1994 No 42
Date of assent
  
1 July 1994
 

Contents

An Act to amend the Judicature Act 1908

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Judicature Amendment Act 1994, 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 1st day of July 1994.

2 Master may exercise certain powers of the Court

Section 26I of the principal Act (as inserted by section 5 of the Judicature Amendment Act 1986) is hereby amended by repealing subsection (2), and substituting the following subsection:

“(2)

A Master shall have and may exercise all the jurisdiction and powers which are vested in the Court or a Judge by the following enactments:

“(a)

Section 6(2) of the Arbitration Act 1908:

“(b)

Sections 205 to 207 of the Companies Act 1955, as applied to compromises and arrangements by section 35 of the Companies Amendment Act 1993:

“(c)

Sections 220 to 222, 226, 231(4), 233 to 237, 239, 240(1)(a), 246 to 249, 250 to 263, 265 to 267, 312, and 332 of the Companies Act 1955, as applied in relation to the winding up of a company by section 42(1) of the Companies Amendment Act 1993:

“(d)

Sections 139, 168, 209N to 209P, 209R to 209T, 209X to 20ZA, 209ZF, 211, 213, 216 to 218, 220, 231(2),235(5), 240, 243, 258, 260, 264, 265, 281, 288, and 467 of the Companies Act 1955:

“(e)

Sections 123, 154, 165 to 168, 173, 179, 232 to 234, 236 to 238, 241, 243, 246 to 248, 250, 257(2), 261(5), 266, 269, 284, 286, 290, 291, 307, and 314 of the Companies Act 1993:

“(f)

Rules 39, 41, 71, 87 to 89, 91, 94, 95, 96, 111, 125(3), 136, 137, 141 to 143, 190, and 191 of the Companies (Winding Up) Rules 1956, as continued in force by section 42(7) of the Companies Amendment Act 1993:

“(g)

Section 42(2) of the Corporations (Investigation and Management) Act 1989:

“(h)

Section 26, Part X, section 119, and Part XV of the Insolvency Act 1967:

“(i)

Rules 41 and 43 of the Insolvency Rules 1970:

“(j)

Any regulations relating to liquidations made under the Companies Act 1955 or under the Companies Act 1993.”

3 Ancillary powers of Master

The principal Act is hereby amended by inserting, after section 26I (as inserted by section 5 of the Judicature Amendment Act 1986), the following section:

“26IA

(1)

Subject to subsection (2) of this section, a Master shall have, in all proceedings (including proceedings on an interlocutory application) properly before the Master, jurisdiction to make any order or to exercise any authority or jurisdiction that might be made or exercised by a Judge of the High Court.

“(2)

Nothing in subsection (1) of this section confers on a Master any jurisdiction or power of a kind described in subsection (3) or subsection (4) of section 26J of this Act.”

This Act is administered in the Department of Justice.
Act Repealed Latest version as at 01 July 1994 (as enacted)

Judicature Amendment Act 1994

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