There shall continue to be within New Zealand courts of record, possessing civil and criminal jurisdiction, henceforth to be called District Courts.

Each court shall have a seal, which shall be kept by the Registrar.

The Governor-General may from time to time appoint cities, boroughs, or other places in which courts may be held for the exercise of civil jurisdiction.

The Governor-General may from time to time appoint cities, boroughs, or other places in which courts may be held for the exercise of jurisdiction to conduct Judge-alone trials in accordance with the Criminal Procedure Act 2011.

The Governor-General may from time to time appoint cities, boroughs, or other places in which courts may be held for the exercise of jurisdiction to conduct jury trials in accordance with the Criminal Procedure Act 2011.

The Governor-General may from time to time authorize any court held in any city, borough, or other place appointed under the last preceding subsection to deal with any specified class of matters not within the criminal jurisdiction of the court.

Notwithstanding anything in the foregoing provisions of this section a Judge may hold or direct the holding of a particular sitting of a court at any place he deems convenient.

The Governor-General may at any time in like manner amend or revoke any appointment or authorization made under the provisions of this section.

Where any civil or Judge-alone criminal proceedings are pending in any court the party issuing the proceedings may, or if the proceedings are to be defended, or if a Judge has directed either generally or specifically that the attendance of a party is required, then any party may, apply to the court for the proceedings to be heard at any other convenient place. A further application may, from time to time, be made for the hearing to be continued or completed in any other place.

If a Judge is satisfied that in all the circumstances as between the parties the proceedings could be more conveniently or fairly heard or continued to be heard at some place, other than in a court appointed under this Act, and that suitable accommodation for a hearing at such place is available the Judge shall, unless for special reasons relating to the particular proceedings he directs otherwise, make an order, upon such terms and conditions as he thinks fit, that the proceedings be heard or be continued to be heard at a sitting of the court held at that other place and may at that time, or at any subsequent time, fix a date and time for any such hearing.

With the consent of all parties an order under this provision may be made by the Registrar.

At all times any such proceedings shall be heard and determined as proceedings of the court and at the conclusion of any such hearing the papers shall be returned and the result and any necessary minutes recorded in the books of the court.

This section shall have effect notwithstanding the provisions of section 4, but nothing in this section shall limit the power of the court to transfer proceedings to another court.

A court constituted under section 4 shall have a division for the hearing and determination of claims within the meaning of the Disputes Tribunals Act 1988 where, under section 4(4) of that Act, the notice establishing a Disputes Tribunal so provides.

Notwithstanding subsection (1), the jurisdiction of a Disputes Tribunal shall be limited to such as is conferred on it by the Disputes Tribunals Act 1988, or by any other enactment, and except as provided in that Act, or in any other enactment, no provision of this Act or of any rules or regulations made under this Act shall apply to a Disputes Tribunal.

The Governor-General may from time to time, by warrant under his hand, appoint fit and proper persons to be District Court Judges to exercise civil and criminal jurisdiction within New Zealand.

The maximum number of Judges is 156.

For the purposes of subsection (2),—

Subsection (2) is subject to sections 10 and 10A.

No person shall be appointed a Judge unless—

A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief District Court Judge is satisfied that the employment or other office is compatible with judicial office.

No Judge shall practise as a barrister or solicitor.

A person acts as a Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.

The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 5 or section 5A to act on a part-time basis for any specified period.

To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be given more than once in respect of the same Judge.

The Attorney-General may authorise a Judge to act on a part-time basis only—

In considering whether to concur under subsection (4)(b), the Chief District Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.

A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.

The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

This section applies to persons who hold office as District Court Judges regardless of whether they act as District Court Judges, as Environment Judges, or in any other judicial office.

The Governor-General shall from time to time, by warrant under his hand, appoint a Chief District Court Judge.

Subject to subsection (3), the Chief District Court Judge shall hold that office so long as he holds office as a Judge.

With the prior approval of the Governor-General, the Chief District Court Judge may resign that office without resigning his office as a Judge.

Whenever by reason of illness, absence from New Zealand, or any other cause the Chief District Court Judge is prevented from exercising the duties of his office, the Governor-General may, by writing under his hand, appoint 1 of the other Judges to act as Chief District Court Judge until the Chief District Court Judge resumes his duties, and during that period to execute the duties of that office and to exercise all powers that may be lawfully exercised by the Chief District Court Judge.

The Governor-General must, by warrant, appoint sufficient Judges to exercise the criminal jurisdiction of the courts in respect of jury trials under the Criminal Procedure Act 2011.

The fact that a Judge is appointed under this section does not limit or affect the power of that Judge to exercise any other jurisdiction of the court or the powers of a Judge.

There must be paid to the Chief District Court Judge, to the Principal Environment Judge, to the Principal Family Court Judge, to the Principal Youth Court Judge, and to the other Judges, out of public money, without further appropriation than this section,—

The salary of a Judge shall not be diminished during the continuance of the Judge’s appointment.

The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.

If a principal Judge ceases to hold the position of principal Judge but continues to hold office as a Judge, the salary and allowances of the Judge may be reduced by the amount of any salary or allowances that the person received solely because of being the principal Judge.

For the purpose of subsection (2), the payment of salary and allowances on a pro-rata basis under subsection (2A) or the payment of reduced salary and allowances under subsection (2B) is not a diminution of salary.

Subject to the Remuneration Authority Act 1977, any determination made under subsection (1) of this section, and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.

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

The Governor-General may, if he thinks fit, remove a Judge for inability or misbehaviour.

To avoid doubt, a Judge may be removed under subsection (1) for inability or misbehaviour related to the exercise, contemplated by section 8(d), of the judicial authority conferred on a coroner by the Coroners Act 2006.

Every Judge shall retire from office on attaining the age of 70 years.

Every Judge, by virtue of his office,—

The Chief District Court Judge shall be responsible for ensuring the orderly and expeditious discharge of the business of District Courts throughout New Zealand, and accordingly may, after consultation with the Principal Family Court Judge and the Principal Youth Court Judge, give all such directions as are contemplated by subsection (2).

Each Judge shall sit in such jurisdictions at such times as the Chief District Court Judge may from time to time direct.

The fact that a Judge sits in any particular court shall be conclusive evidence of his or her authority so to do, and no exercise of any jurisdiction or power by a Judge shall be questioned on the ground that he or she was not authorised to sit in the court where the jurisdiction or power was so exercised.

The reference in subsection (2) to jurisdictions means—

For the avoidance of doubt, it is hereby declared that the power conferred by this section on the Chief District Court Judge does not include the power to give directions in relation to any District Court Judge who for the time being presides over, or holds office as a member of, or holds office as, a tribunal.

The Governor-General may at any time during the illness or absence of any Judge, or for any other temporary purpose, by warrant under his hand appoint 1 or more Judges to hold office for such time as is specified in the said warrant. Every such Judge shall be paid such salary, not exceeding the amount payable by law to Judges, as may be appropriated by Parliament for the purpose.

No person shall be appointed as a Judge under this section unless he is eligible for appointment as a Judge pursuant to section 5, save that a person otherwise qualified who has attained the age of 70 years (including a Judge who has retired after attaining that age) may be appointed as a Judge under this section for a period not exceeding 12 months, or for 2 or more periods not exceeding 4 years in the aggregate.

Any person who has retired from office as a Judge on attaining the age of 70 years, or who has sooner resigned, may be appointed from time to time as an acting Judge by the Governor-General by warrant under his hand.

Notwithstanding section 28B, any person so appointed may, at the same time or at any subsequent time during the term of his appointment, be appointed to exercise the criminal jurisdiction of the courts under Part 2A; and any such appointment shall take effect during any period when, and in any place where, that person is entitled under subsection (4) to act as a Judge.

Notwithstanding the provisions of section 435 of the Children, Young Persons, and Their Families Act 1989, any person so appointed may at the same time or at any subsequent time during the term of that person’s appointment be designated as a Youth Court Judge, and any such designation shall take effect during any period when and in any place where pursuant to subsection (4) that person is entitled to act as a Judge.

Each such appointment shall be for a term not exceeding 2 years or, if the person has attained the age of 72 years, not exceeding 12 months.

During the term of the warrant, the person so appointed may act as a District Court Judge during such period or periods only and in such place or places only as the Chief District Court Judge may fix.

Every acting Judge so appointed shall, during the period when he acts as a Judge, but not otherwise, be paid a salary at the rate for the time being prescribed for Judges under section 6 and during that period he shall have all the jurisdiction, powers, protections, privileges, and immunities of a Judge.

The Governor-General may from time to time by warrant under his hand appoint a fit person to be a Judge to exercise criminal and civil jurisdiction, other than the jurisdiction conferred by Part 2A, in the Chatham Islands.

A Judge so appointed shall hold office during the pleasure of the Governor-General, and shall receive in each and every year such salary as is from time to time appropriated for the purpose by Parliament.

Subsections (1) to (5) of section 5 and sections 6 and 7 shall not apply to a Judge appointed under this section, but except as aforesaid this Act shall apply to such a Judge.

The Governor-General may from time to time, by warrant under the Governor-General’s hand and on the advice of the Minister of Justice, appoint to be Community Magistrates such of the persons qualified for appointment as the Governor-General, on the advice of the Minister, thinks fit.

A person is qualified for appointment as a Community Magistrate only if that person—

The Minister must, before giving advice in relation to any appointment under subsection (1), consult with such persons as the Minister considers appropriate.

Subject to subsection (2), a Community Magistrate may—

that, in the opinion of the Governor-General, will not impair the proper discharge of the functions of a Community Magistrate.

No Community Magistrate may—

The functions and powers of Community Magistrates are to carry out such functions and powers as are conferred on Community Magistrates—

Each Community Magistrate is to sit in such courts at such times as the Chief District Court Judge may from time to time direct after consultation with—

The fact that a Community Magistrate sits in any particular court is conclusive evidence of his or her authority to do so.

No proceeding may be commenced against any Community Magistrate for any act done by him or her, unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction.

If a warrant to seize property or warrant of commitment is granted by a Community Magistrate in good faith in reliance on a conviction or order entered or made by 1 or more Justices or 1 or more Community Magistrates, no proceeding may be commenced against the Community Magistrate who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Justices or Community Magistrate or Community Magistrates who entered or made it.

No proceeding against any Community Magistrate by any person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction may be commenced in a District Court.

In any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction lies on the person alleging it.

This section applies to any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.

The High Court or any Judge of that court, on application by the Community Magistrate at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in a sum not exceeding $500.

If security is ordered to be given, the court or Judge may direct that in the meantime all proceedings are stayed.

Subsection (2) applies to any Community Magistrate against whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.

The Community Magistrate must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge’s opinion,—

Subsections (4) and (5) apply if a Community Magistrate settles a claim against him or her by paying or agreeing to pay an agreed amount of damages or costs before proceedings are commenced, or before or during trial of the proceeding.

The Community Magistrate must be indemnified by the Crown to the full amount of the amount paid or agreed to be paid if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge’s opinion,—

If the High Court Judge is not satisfied of the matter in subsection (4)(c), the Judge may issue the certificate in respect of any lesser sum that in the Judge’s opinion is adequate to settle the plaintiff’s claim, and in that case the Community Magistrate must be indemnified by the Crown to the amount specified in the certificate.

Application for a certificate under any of subsections (2), (4), or (5) may be made by a Community Magistrate at any time to a Judge in chambers, and the Judge has power to grant the certificate after considering all evidence that is given before him or her either orally or in the form of affidavits.

A copy of the application must be served by the Community Magistrate on the Attorney-General, who is entitled to appear and oppose it.

The Governor-General may from time to time, by warrant under the Governor-General’s hand and on the advice of the Minister of Justice, appoint a Chief Community Magistrate.

No person may be appointed as Chief Community Magistrate unless that person has held a practising certificate as a barrister or solicitor for at least 5 years.

The criteria and procedures for appointment of a person as Chief Community Magistrate may be prescribed by regulations made under section 123; but the failure to make any such regulations does not preclude the appointment of a person as Chief Community Magistrate.

Subject to subsection (5), the Chief Community Magistrate holds office so long as he or she holds office as a Community Magistrate.

With the prior approval of the Governor-General, the Chief Community Magistrate may resign that office without resigning his or her office as a Community Magistrate.

Whenever by reason of illness, absence from New Zealand, or any other cause the Chief Community Magistrate is prevented from exercising the duties of his or her office, the Governor-General may, by writing under his or her hand, appoint 1 of the other Community Magistrates to act as Chief Community Magistrate until the Chief Community Magistrate resumes his or her duties and, during that period, to execute the duties of that office and to exercise all powers that may be lawfully exercised by the Chief Community Magistrate.

The functions of the Chief Community Magistrate include—

Without limiting the generality of subsection (1), the Chief Community Magistrate—

Every Community Magistrate must retire from office on attaining the age of 70 years.

The Governor-General may remove a Community Magistrate from office for neglect of duty, inability, disability affecting performance of duty, bankruptcy, or misconduct, proved to the satisfaction of the Governor-General.

Any Community Magistrate may at any time resign the office of Community Magistrate by notice in writing addressed to the Minister of Justice.

There is to be paid to the Chief Community Magistrate, out of public money,—

There is to be paid to each Community Magistrate (other than the Chief Community Magistrate), out of public money,—

The remuneration of a Community Magistrate is not to be diminished during the continuance of the Community Magistrate’s appointment.

Any Order in Council made under subsection (1)(b) or subsection (2), and any provision of any such order, may be made so as to come into force on a date to be specified in that behalf in the order, being the date of the making of the order or any other date, whether before or after the date of the making of the order.

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

Every Order in Council made under subsection (1)(b) or (2) is a legislative instrument, but not a disallowable instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Any person who has retired from office as a Community Magistrate on attaining the age of 70 years, or who has sooner resigned, may be appointed as an acting Community Magistrate by the Governor-General on the advice of the Minister of Justice.

Each acting Community Magistrate must be appointed for a stated term that—

During the term of the warrant, the person appointed may act as a Community Magistrate only during the period or periods that the Chief District Court Judge may direct after consultation with—

An acting Community Magistrate must, in respect of any period during which he or she acts as a Community Magistrate, but not otherwise, be paid remuneration and allowances at the rate for the time being prescribed for Community Magistrates under section 11G.

While an acting Community Magistrate appointed under this section acts as a Community Magistrate, but not otherwise, he or she has all the jurisdiction, powers, protections, privileges, and immunities of a Community Magistrate.

There shall from time to time be appointed for each court a Registrar.

One person may be appointed Registrar for 2 or more courts.

A person who is appointed as a Registrar may exercise the powers and perform the functions and duties of the Registrar of any District Court.

Each person who on the commencement of this Act holds office as the Clerk of any court shall without further appointment be deemed to have been appointed Registrar of that court.

All references to a Clerk of any court in any Act, rule, regulation, or other enactment, or in any judgment, order, contract, agreement, or other document whatsoever, shall, unless inconsistent with the context, be hereafter read as references to the Registrar of that court.

The Registrar of each court shall keep or cause to be kept such records of and in relation to proceedings in the court as may be prescribed by the chief executive of the Ministry of Justice.

Any entry in a book or other document required by the rules to be kept by the Registrar, or a copy thereof or extract therefrom sealed with the seal of the court and purporting to be signed and certified as a true copy or correct extract by the Registrar, shall at all times without further proof be admitted in all courts and places whatsoever as evidence of the entry and of the proceeding referred to thereby and of the regularity of that proceeding.

If the existence of a record of the court is in dispute the existence of such record shall be determined by the court.

There may be from time to time appointed in respect of any court 1 or more Deputy Registrars of the court. Each person who on the commencement of this Act holds office as an Assistant Clerk of any court shall without further appointment be deemed to have been appointed Deputy Registrar of that court.

A person who is appointed as a Deputy Registrar may exercise the powers and perform the functions and duties of a Deputy Registrar of any District Court.

In any case where the Registrar or Deputy Registrar has died or is prevented by illness or other cause from acting in his office, a Judge may appoint a Deputy Registrar to act for such period as the Judge thinks fit. A Judge may at his pleasure remove any such Deputy Registrar.

Except as may be provided by the rules, each Deputy Registrar shall, both under this Act and under any other Act, have the same powers and privileges, perform the same duties, and be subject to the same provisions and penalties as if he were the Registrar for the time being, whether those powers, privileges, duties, provisions, or penalties are conferred, imposed, or enacted under this Act or that other Act, or not.

There shall be a bailiff or such bailiffs for each court as may be necessary, who shall be appointed from time to time.

A person who is appointed as a bailiff may exercise the powers and perform the functions and duties of a bailiff of any District Court.

A Judge may appoint a constable or other person to act for a particular occasion as bailiff at any court or place.

Whenever any summons, writ, warrant, or other process issued under the authority of this Act is received by any constable for service or execution, the constable in the service or execution of the process shall for all the purposes of this Act be deemed to be a bailiff duly appointed under the provisions of this section.

A Judge may from time to time appoint a deputy to act for a bailiff, when he is prevented by illness or other cause from acting in his office, and in the case of the death of a bailiff may appoint a deputy to act in the place of the bailiff until another appointment is made, and may remove any such deputy at his pleasure.

A person who is appointed as a deputy bailiff may exercise the powers and perform the functions and duties of a deputy bailiff of any District Court.

Any deputy appointed as aforesaid, while acting under such appointment, shall, both under this Act and under any other Act, have the same powers and privileges, perform the same duties, and be subject to the same provisions and penalties as if he were the bailiff for the time being, whether those powers, privileges, duties, provisions, or penalties are conferred, imposed, or enacted under this Act or that other Act, or not.

Every bailiff shall—

In executing any process of the court the bailiff shall have such powers and be subject to such liabilities as a Sheriff has or is subject to in like cases in executing the process of the High Court.

The oath referred to in subsection (1)(a) is as follows:

“English form

“I, [name], swear that I will faithfully and diligently serve Her (or His) Majesty [specify the name of the reigning Sovereign, as in: Queen Elizabeth the Second], Queen (or King) of New Zealand, her (or his) heirs and successors, as a bailiff at [place], without favour or affection, malice or ill-will. While I hold this office I will, to the best of my power, keep the peace and prevent offences against the peace and will, to the best of my skill and knowledge, perform all the duties of the office of bailiff according to law. So help me God.

“Māori form

“Tēnei au, a [ingoa], e kī taurangi nei, ka rato pirihonga, urupū hoki ahau i Ia Arikinui [tohua te ingoa o te Arikinui kei runga i te torona, pērā ki a Kuini Irahāpeti te Tuarua], Kuini (Kīngi rānei) o Niu Tīreni, me ōna uri whakaheke, hei kaituku hāmene ki [wāhi] i roto i te kore tautoko, kore aroha rānei, kore mahi kino, kore whakaaro kino rānei. I te wā ke tēnei tūranga ahau ka pōkaikaha ahau ki te hohou i te rongo me te kaupare atu i nga mahi kotikoti i te rongo, ā, i roto i ōku tino pūkenga me ōku mōhio, ka whakatutuki i ngā mahi kua whakaritea hei mahi mā te kaituku hāmene, e ai ki te ture. Nō reira, āwhina mai i ahau e te Atua.”

Sections 121, 128, and 129 of the Search and Surveillance Act 2012 (which relate to a general power to stop vehicles) do not apply to any bailiff.

If any person assaults an officer of a court while in the execution of his duty, that person shall be liable, on an order made by a Judge in that behalf, to a fine not exceeding $300, and the bailiff or any constable may take him into custody, with or without warrant, and bring him before a Judge:

provided that nothing in this section shall be deemed to prevent proceedings in respect of that assault being taken against that person under some other Act instead of under this section.

If any officer of a court is charged—

it shall be lawful for a Judge to inquire into the matter.

For the purpose of any such inquiry as aforesaid, the Judge may summon and enforce the attendance of all necessary parties in like manner as the attendance of witnesses in any action may be enforced.

On the inquiry the Judge may make such order as he thinks just for the repayment of any money extorted or the due payment of any money levied, and for the payment of damages and costs, and also, if he thinks fit, may impose such fine upon the officer, not exceeding $300 for each offence, as appears to him to be adequate.

Except as provided by this Act or the rules or by any other enactment, no officer of a court shall be directly or indirectly engaged as solicitor or agent for any party in any proceedings in any court.

Every person who contravenes the provisions of this section shall, for each offence, be liable on conviction to a fine not exceeding $150.

Regular sittings of the courts for the despatch of civil business may be held in the courthouse in any city, borough, or other place appointed under subsection (1) of section 4.

Special or adjourned sittings for the despatch of civil business may be held in any such courthouse as aforesaid or in any other place wheresoever which the Judge deems convenient.

Sittings for the despatch of Judge-alone criminal business by the courts may be held in the courthouse in any city, borough, or place appointed under subsection (2) of section 4, or in any other place wheresoever which the Judge or the Justice or Justices or the Community Magistrate or Community Magistrates constituting the court deem convenient.

Sittings for the conduct of jury trials may be held in a courthouse in any city, borough, or place appointed for the purpose under section 4(2A).

Sittings for the despatch of civil business and sittings for the despatch of criminal business shall be held on such days and at such times as may be appointed by the Judge exercising jurisdiction at the place in which the sittings are held:

provided that the days appointed for regular sittings shall be subject to the approval of the Chief District Court Judge.

Nothing in this section shall derogate from the power of the Judge or any Justices or any Community Magistrate or Community Magistrates to hold sittings on any day or at any time for the disposal of criminal business.

A Judge may from time to time adjourn any court held by him.

If for any cause a sitting of the court in the exercise of its civil or criminal jurisdiction cannot be held upon a day appointed by reason of the absence of the Judge or otherwise, the Registrar, after exercising any powers which he is authorized to exercise by or under this Act or any other enactment, may adjourn the court to such day as he thinks convenient.

The courts shall have jurisdiction to hear and determine any proceeding where the debt, demand, or damages, or the value of the chattels claimed, is not more than $200,000, whether on balance of account or otherwise:

provided that the courts shall not, except as in this Act provided, have jurisdiction to hear and determine—

The courts shall have jurisdiction to hear and determine any proceeding where the debt or demand claimed consists of a balance not exceeding $200,000, after a set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, being a set-off admitted by the plaintiff in the particulars of the plaintiff’s claim or demand.

The courts shall have jurisdiction to hear and determine any proceeding for the recovery of any penalty, expenses, contribution, or other like demand which is recoverable by virtue of any enactment for the time being in force, if—

For the purposes of this section the expression penalty shall not include a fine to which any person is liable on conviction.

The courts shall have jurisdiction to hear and determine any proceeding for the recovery of land where the rent (if any) payable in respect thereof does not exceed the rate of $62,500 a year or where the value of the land in question does not exceed $500,000 in the following cases:

Where the capital value of any land appears in the district valuation roll for the time being in force that value shall be taken to be the value of the land for the purposes of this section.

The courts shall have jurisdiction in relation to—

Subject to the provisions of this Act, the courts shall have—

Where jurisdiction in respect of any proceeding or class of proceeding is, by virtue of any provision of any Act (not being section 16 of the Judicature Act 1908) that relates expressly to that proceeding or class of proceeding, exercisable by the High Court or any other court (not being a District Court), District Courts shall not by virtue of subsection (1)(a) or section 29(1) have the equitable jurisdiction of the High Court in respect of that proceeding or class of proceeding.

Notwithstanding subsection (2), the District Courts shall have the power to make orders pursuant to section 49 of the Administration Act 1969.

No proceeding for the dissolution or winding up of a partnership or order thereon shall prevent any creditor from petitioning for an adjudication of bankruptcy against any member or members thereof.

No court shall have cognizance of any proceedings in which the validity of any devise or bequest is in question or the limitations under any will or settlement are in dispute.

A court shall have jurisdiction to hear and determine any proceedings in which the title to any corporeal or incorporeal hereditament comes in question if the proceedings would otherwise be within the jurisdiction of the court.

Where a plaintiff has a cause of action for more than $200,000 in respect of which the court would have had jurisdiction had the amount been not more than $200,000, the plaintiff may abandon the excess, and thereupon the court shall have jurisdiction to hear and determine the proceeding.

Where any proceeding, in which the plaintiff has abandoned part of the plaintiff’s claim under this section, is heard in a court, the plaintiff shall not recover an amount exceeding $200,000 together with costs thereon, and the judgment of the court in the proceeding shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be made accordingly.

If, but for the amount or value of the subject-matter claimed or in issue, a court would have had jurisdiction in admiralty or under sections 29 to 34 or section 111 and the parties, by memorandum signed by them or by their respective solicitors or agents, agree that a court shall have jurisdiction to hear and determine the proceedings, that court shall, notwithstanding anything in any enactment, have jurisdiction to hear and determine the proceedings.

A cause of action may not be divided for the purpose of bringing 2 or more proceedings or any counterclaim.

The court shall not determine any proceedings against a defendant absent from New Zealand unless it is satisfied either—

Any jurisdiction and powers conferred on courts by this or any other Act may be exercised by any Judge or, to the extent authorized by this or any other Act or by the rules, by the Registrar of the court or by any person authorized to discharge the functions of the Registrar.

Every court, as regards any cause of action for the time being within its jurisdiction, shall (subject to the provisions of section 59) in any proceedings before it—

as ought to be granted or given in the like case by the High Court and in as full and as ample a manner.

A Judge shall have jurisdiction in any proceeding pending to make any order or to exercise any authority or jurisdiction which, if it related to a proceeding pending in the High Court, might be made or exercised by a Judge of the High Court in chambers.

Notwithstanding subsection (1), an interlocutory injunction restraining a party to a proceeding (whether domiciled, resident or present in New Zealand) from removing from New Zealand, or otherwise dealing with, assets in New Zealand is the only interlocutory injunction in the nature of a Mareva injunction that a Judge may grant.

Without limiting the power to make an order for the detention, custody, or preservation of any property, it is hereby declared that nothing in this Act authorises a Judge to make an Anton Piller order.

Where a court has power to award interest under section 62B, the court may exercise that power notwithstanding that the inclusion of the interest in the sum for which judgment is given will cause that sum to exceed a monetary amount that, under this Act, applies in relation to the court’s jurisdiction in respect of that proceeding.

Where there is commenced in a court any proceeding in which the amount of the claim or the value of the property or relief claimed or in issue exceeds $50,000, the defendant in the proceeding may, within such time as may be prescribed or at any time thereafter by leave of the Judge, give notice that the defendant objects to the proceeding being tried in the court, and, where notice is so given, the Judge shall order that the proceeding be transferred to the High Court.

Where there is commenced in a court any proceeding in which the amount of the claim or the value of the property or relief claimed or in issue does not exceed $50,000, the defendant may, within such time as may be prescribed or at any time thereafter by leave of the Judge, give notice that the defendant objects to the proceeding being tried in the court, and, where notice is so given, the Judge may order that the proceeding be transferred to the High Court if, in the opinion of the Judge, some important question of law or fact is likely to arise or a question of title to any hereditament is likely to arise otherwise than incidentally.

Any order for the transfer of a proceeding to the High Court made pursuant to the foregoing provisions of this section may be made subject to such conditions as the Judge thinks fit requiring that the defendant give security for the costs of the proceedings in the High Court.

The foregoing provisions of this section, shall with the necessary modifications, apply to a counterclaim as if it were a proceeding and as if the defendant in the counterclaim were the defendant in the proceeding. On the transfer of a claim where there is a counterclaim, or of a counterclaim, all proceedings in the proceeding, including both the claim and the counterclaim, shall be transferred.

The provisions of this section do not apply to any proceeding for the recovery of land except where the Judge certifies that in the Judge’s opinion an important question of law is likely to arise or a question of title to any hereditament is likely to arise otherwise than incidentally.

Notwithstanding the foregoing provisions of this section, the High Court or a Judge thereof on the application of any party to the proceeding may order the removal into the High Court, by order for certiorari or otherwise, of any proceeding commenced in a District Court, if the High Court or Judge thereof thinks it desirable that the proceeding should be heard and determined in the High Court. Any such removal shall be on such terms as to payment of costs, giving security, or otherwise as the High Court or a Judge thereof thinks fit to impose.

Where any proceedings are commenced in a court in which the court has no jurisdiction, the court may, unless it is given jurisdiction by an agreement under the provisions of section 37, order that the proceedings be transferred to the High Court or to such other court as appears to the court to have jurisdiction:

provided that where it appears to the court that the plaintiff or one of the plaintiffs knew or ought to have known that the court had no jurisdiction in the proceedings, the court may, if it thinks fit, instead of ordering that the proceedings be transferred as aforesaid, order that they be struck out, and, in such event may award costs to the same extent and recoverable in the same manner as if the court had jurisdiction and the claim had not been established.

Where, in any proceeding commenced in a court, any counterclaim or set-off and counterclaim which involves matter beyond the jurisdiction of a court has been filed by any defendant, any party to the proceeding may, within such time as may be prescribed by the High Court Rules, apply to the High Court or a Judge thereof for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the High Court.

On any such application the High Court or Judge may, as it or he thinks fit, order either—

provided that, where an order is made under paragraph (c), and judgment on the claim is given for the plaintiff, execution thereon shall, unless the High Court or a Judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been determined.

If no application is made under this section within the time prescribed as aforesaid, or if on such an application it is ordered that the whole proceedings be heard and determined in the court, the court shall have jurisdiction to hear and determine the whole proceedings, notwithstanding any enactment to the contrary.

Where the High Court makes any order under the provisions of this section, the Registrar of the High Court shall send to the Registrar of the court a copy of the order so made.

Where a summary judgment application is made in a court, a Judge may, on the application of either party or of his or her own motion, remove into the High Court—

On any such removal, the High Court may—

A District Court may order the removal into the High Court of any question of law ordered to be argued, and, on removal, the High Court shall have the same power to decide the question as the District Court had.

If, where a proceeding has been commenced in the High Court,—

the High Court or a Judge of that court may, on the application of any party to the proceeding, order that the proceeding be transferred to a District Court.

Where the subject-matter of a proceeding that has been commenced in the High Court is within the jurisdiction of District Courts, the High Court or a Judge of that court may, of its or the Judge’s own motion, order that the proceeding be transferred to a District Court unless, in the opinion of the High Court or the Judge, some important question of law or fact is likely to arise in the proceeding.

Where any proceeding is ordered to be transferred under the provisions of section 46 from the High Court to a District Court, the proper officer of the High Court shall, on the sealing of the order, send to the Registrar of the District Court a copy of the order, the document by which the proceeding was commenced or a copy thereof, all pleadings, affidavits, and other documents filed in the High Court relating to the proceeding and such other documents (if any) as the High Court or a Judge may direct.

On the documents aforesaid being so sent, the proceeding shall be transferred to the said District Court, and, subject to the District Courts Rules, all further proceedings therein shall be heard as if the proceeding had been originally commenced in that District Court, and the District Court shall have jurisdiction to deal therewith, notwithstanding any enactment to the contrary:

Where a proceeding or counterclaim is ordered to be transferred or removed—

the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the court which ordered the transfer, be in the discretion of the court to which the proceeding or counterclaim is transferred, and that court shall have power to make orders with respect thereto:

provided that, as regards so much of the proceedings in any proceeding transferred from the High Court to the District Court as take place in the High Court before the transfer,—

Where—

the costs in the District Court of that application, matter, or proceeding, both before and after the removal into the High Court under section 45A or section 45B, shall be determined by the District Court:

provided that any costs incurred in the High Court in relation to the removal shall be determined by the High Court and shall be subject to the provisions of the High Court Rules; but may be included in any judgment or order made by the District Court as if they were costs determined by the District Court.

Any trustee, executor, or administrator may sue and be sued in a court in like manner as if he were a party in his own right, without joining any of the parties beneficially interested in the trust or estate, and shall be considered as representing such parties in the proceeding.

The court may at any stage of the proceedings order any of such parties to be made parties to the proceeding, either in addition to or in lieu of the previously existing parties thereto.

Any person under the age of 20 years may sue in a court for any sum of money not exceeding $200,000 which may be due to him for wages or piecework, or for work as a servant, in the same manner as if he were of full age.

Any minor who is or has been married or in a civil union or is above the age of 18 years may sue or be sued without a next friend or guardian ad litem upon any cause of action arising out of contract or tort in respect of which he might sue or be sued by a next friend or guardian; and judgment may be given in the proceeding, and such proceedings may be had and taken to enforce the judgment as if the minor were of full age.

Any minor who is or has been married or in a civil union or is above the age of 18 years may make or be a party to an application under section 8 of the Domestic Actions Act 1975 without a next friend or guardian ad litem; and orders may be made on the application, and such proceedings may be had and taken to enforce any such order, as if the minor were of full age.

Where a plaintiff has a claim recoverable under this Act against 2 or more persons jointly liable, it shall be sufficient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so served, notwithstanding that others jointly liable may not have been served or sued or may not be within the jurisdiction of the court.

Where judgment is obtained against any person as aforesaid and is satisfied either in part or for the whole amount by that person, he shall be entitled to recover in a court contribution from any other person jointly liable with him.

The bankruptcy of the plaintiff in any proceeding in a court which the Official Assignee might maintain for the benefit of the creditors shall not cause the proceeding to abate if, within such reasonable time as the court orders, the Official Assignee elects to continue the proceeding.

The hearing of the proceeding may be adjourned until such an election is made.

Where the Official Assignee does not elect to continue the proceeding within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the proceeding.

Every witness attending a court upon a witness summons, and every other person giving evidence in the course of proceedings, shall be entitled as against the party calling him to a sum for his expenses and loss of time according to the prescribed scale:

provided that the court may disallow the whole or any part of such sum.

Any person summoned in pursuance of the rules as a witness in any court who—

is liable to a fine not exceeding $300:

provided that no person so summoned shall be liable to such penalty as aforesaid unless there has been paid or tendered to him at the time of the service of the summons, or at some other reasonable time before the hearing, such sum in respect of his expenses as may be prescribed.

Any person present in court who is required to give evidence but refuses to be sworn or give evidence is liable to a like penalty.

The payment of such fine or the undergoing of a term of imprisonment for non-payment of such fine shall not exempt any person from any action for disobeying a summons or refusing to be sworn or give evidence.

The District Court may, on application made in accordance with the rules, issue a commission, request, or order to examine witnesses abroad for the purpose of any proceedings.

The District Court may, on application in accordance with the rules, direct and supervise the service abroad of any process of the court.

An affidavit or affirmation to be used in a court may be sworn or made before any Judge or Registrar, or before any Justice, or before any Community Magistrate, or before any solicitor of the High Court, but no such affidavit or affirmation, except one sworn or made in respect of an ex parte application in non-contentious proceedings, shall be used if it was taken before a solicitor who, at the time of taking it, was engaged in the proceedings.

On the application, in accordance with the rules, of a person who it appears to the court is or may be entitled to claim in the court relief against another person, the court shall, in such circumstances as may be prescribed, have power to order any person who appears to be likely to have or to have had in that person’s possession, custody, or power any document or class of documents, which are relevant to an issue arising or likely to arise out of that claim,—

Where at any stage of a proceeding, it appears to the court, in such circumstances as may be prescribed, that a document or class of documents may be or may have been in the possession, custody, or power of a person who is not a party to the proceeding, the court may order that person—

A party to any proceedings may appear and act personally or by a barrister or solicitor of the High Court, and not otherwise:

provided that under special circumstances the court may permit any party to appear by an agent authorized in writing by the party himself, if in New Zealand, or, if absent therefrom, by any person holding a power of attorney from the party authorizing such person to sue and be sued for and in the name of the party; but any agent, unless he is a barrister or solicitor, shall not be entitled to receive any fee or reward for so appearing or acting.

A corporation may appear by any officer, attorney, or agent of the corporation.

The Judge shall be the sole judge in all proceedings brought in a court, and shall determine all questions of fact as well as of law:

provided that nothing in this section shall affect the power to make rules authorizing the Registrar to exercise jurisdiction and powers conferred on the court by this or any other Act.

Where the amount claimed or the value of the property claimed or in issue does not exceed $3,000, a court may receive any such evidence as it thinks fit, whether the same be legal evidence or not, and may give such judgment between the parties as it finds to stand with equity and good conscience.

At the hearing of any proceedings in a court in which there is a right of appeal without leave, the Judge shall, unless the parties have agreed not to appeal, make or cause to be made a note—

Where such a note has been taken, the Judge (whether notice of appeal has been served or not) shall, on the application of any party to the proceedings, and on payment by that party of such fee as may be prescribed, cause him to be furnished with a copy of the note.

A Judge may, with the consent of the parties to any proceedings, order the proceedings to be referred to arbitration (whether with or without other matters within the jurisdiction of the court in dispute between the parties) to such person or persons and in such manner and on such terms and subject to such costs as he thinks just and reasonable.

No such reference shall be revocable by any party except with the consent of a Judge.

If the award of the arbitrators or their umpire is not given within 1 month of the date of the order of reference, either party may apply to the court to revoke the order of reference.

On any such reference, the award of the arbitrator, arbitrators, or umpire shall be entered as the judgment in the proceedings and shall be as binding and effectual to all intents as if given by a Judge:

provided that the court may, if it thinks fit, on application made at the first sitting of the court held after the expiration of 10 days after the entry of the award, set aside the award, or may, with the consent of the parties, revoke the reference or order another reference to be made in the manner aforesaid.

Execution of a judgment so entered shall not issue until after such first sitting has been held.

On the hearing of an application to set aside or vary an award and judgment entered thereupon the court shall take evidence if offered, or may of its own accord call for evidence; and the decision of the court given after hearing the application shall be entered as a judgment of the court.

Subject to the rules, a Judge may refer to the Registrar or a referee for inquiry and report—

Where any proceedings or question are referred as aforesaid, a Judge may direct how the reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report may give such judgment or make such order in the proceedings as may be just.

A Judge may, after deciding or reserving any question of liability, refer to the Registrar or to the Registrar and an accountant any mere matter of account which is in dispute between the parties, and after deciding the question of liability, may give judgment on the Registrar’s report.

Notwithstanding anything to the contrary in this Act, a Judge may, with the consent of the parties, refer any question in any proceedings which requires any scientific, technical, business, or professional investigation to the Registrar or a named referee for inquiry and report under this section.

Where any question is referred under this section, a Judge may direct how the reference shall be conducted and may, with the consent of the parties, direct that the Registrar or referee may make his inquiry and may report without being required to hear the parties or to act judicially.

The report of the Registrar or referee on any question referred to him under this section shall be binding on the parties unless the Judge has otherwise directed.

Subject to subsection (2), in a proceeding for the recovery of any debt or damages, the court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment.

Subsection (1) shall not—

In any proceedings for the recovery of any debt upon which interest is payable as of right, and in respect of which the rate of interest is not agreed upon, prescribed, or ascertained under any agreement, enactment, or rule of law, or otherwise, there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as the court thinks fit for the period between the date as from which the interest became payable and the date of the judgment.

In this section the term the prescribed rate means the rate of 11% per annum, or such other rate as may from time to time be prescribed for the purposes of this section by the Governor-General by Order in Council.