Senior Courts Act 2016

If you need more information about this Act, please contact the administering agency: Ministry of Justice

not the latest version
Corrections have been made to Part 2 of Schedule 4 on 11 November 2016 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012 and on 6 March 2017 to Schedule 3 under section 25(1)(j)(iii) and (v) of the Legislation Act 2012.

Search within this Act

Senior Courts Act 2016

Public Act		2016 No 48
Date of assent		17 October 2016
Commencement		see section 2

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purposes
4	Interpretation
5	This Act binds the Crown
	Part 2 High Court
	Constitution of High Court
6	High Court continued
7	Number of High Court Judges
8	Seal
9	Powers of High Court to be exercised by High Court Judges
10	Sessions of High Court and adjournments
11	Court offices
	Jurisdiction of High Court
12	Jurisdiction of High Court
13	Power to award damages as well as, or in substitution for, injunction or specific performance
14	Jurisdiction in relation to persons who lack competence to manage their affairs
15	When civil proceeding to be tried before Judge alone
16	Certain civil proceedings may be tried by High Court Judge with jury
17	Question of foreign law must be decided by High Court Judge
18	Proceedings in place of writs
	Panels of Judges
19	Panels
	Jurisdiction of Associate Judges
20	Associate Judge may exercise certain powers of High Court
21	Ancillary powers of Associate Judge
22	Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers
23	Application of provisions relating to witnesses and contempt
24	No power to order committal, attachment, or arrest
25	Power to act as referee
26	Transfer of proceeding to High Court Judge
27	Appeals against decisions of Associate Judges
28	Immunity of Associate Judges
29	Jurisdiction of High Court Judges not affected
	Commissioners for oaths, affidavits, and affirmations
30	Power to appoint Commissioners
31	Effect of oath, affidavit, or affirmation
32	Revocation of commission
	Registrars, Sheriffs, and officers of High Court
33	Appointment of Registrars, Deputy Registrars, and other officers of High Court
34	Powers of Registrars
35	Sheriffs
36	Powers of Sheriffs
37	Sheriff not to act as lawyer or agent
38	Service of process when Sheriff disqualified
39	Persons arrested by Sheriffs may be committed to prison at once
	Miscellaneous matters
40	Arrest of defendant about to leave New Zealand
41	Witness not required to attend hearing of civil proceeding unless allowances and expenses paid
42	Failure of witness to attend
43	Refusal to give evidence
44	High Court may require person to undergo medical examination
	Part 3 Court of Appeal
	Constitution
45	Court of Appeal continued
46	Seal
47	Court of Appeal to sit in divisions
48	Composition of divisions
49	Powers exercisable by Judges
50	Court of Appeal to sit as full court in certain cases
51	Cases of sufficient significance for full court
52	Authority of High Court Judges to act as Judges of Court of Appeal
53	Judgment of Court of Appeal
54	Sessions of Court of Appeal
55	Adjournments
	Jurisdiction
56	Jurisdiction
57	Court of Appeal may remit proceeding to High Court
58	Judgment of Court of Appeal may be enforced by High Court
59	Transfer of civil proceeding from High Court to Court of Appeal
60	Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court
61	Reasons for granting or refusing leave to appeal
62	Procedure if Judges absent
	Registrar and other officers of Court of Appeal
63	Appointment of Registrar, Deputy Registrar, and other officers of Court of Appeal
64	Powers of Registrar and Deputy Registrar
	Part 4 Supreme Court
	Preliminary matters
65	Interpretation
	Constitution of Supreme Court
66	Supreme Court continued
67	Seal
	Jurisdiction of Supreme Court
68	Appeals against decisions of Court of Appeal in civil proceedings
69	Appeals against decisions of High Court in civil proceedings
70	Appeals against decisions of other courts in civil proceedings
71	Appeals against decisions in criminal proceedings
72	Procedural requirements
	Leave to appeal
73	Appeals to be by leave
74	Criteria for leave to appeal
75	No direct appeal from court other than Court of Appeal unless exceptional circumstances established
76	Applications for leave
77	Court to state reasons for refusal to give leave
	Powers and judgments of Supreme Court
78	Appeals to proceed by way of rehearing
79	General powers
80	Power to remit proceeding
81	Exercise of powers of court
82	Orders and directions on interlocutory applications may be made or given by 1 Judge
83	Presiding Judge
84	Procedure if Judges absent
85	Judgment of Supreme Court
86	Decisions of Supreme Court may be enforced by High Court
	Registrar and other officers of Supreme Court
87	Appointment of Registrar, Deputy Registrar, and other officers of Supreme Court
88	Powers of Registrar
	Part 5 Senior court Judges
	Head Judges
89	Head of New Zealand judiciary
90	Head of Supreme Court
91	Head of Court of Appeal
92	Head of High Court
	Judicial appointment process
93	Attorney-General to publish information concerning judicial appointment process
	Eligibility for appointment
94	Eligibility for appointment as Judge or Associate Judge
95	Eligibility for appointment as Court of Appeal Judge
96	Eligibility for appointment as Supreme Court Judge
97	Eligibility for appointment as Chief High Court Judge
98	Eligibility for appointment as President of Court of Appeal
99	Eligibility for appointment as Chief Justice
	Appointments
100	Judges appointed by Governor-General
101	Appointment as permanent Judge
102	High Court Judge or Associate Judge may not hold lower judicial office
103	Court of Appeal Judge continues as Judge of High Court
104	Supreme Court Judge continues as Judge of High Court but no other court
105	Terms and conditions of appointment not to be changed without consent
	Part-time Judges
106	Attorney-General may authorise Judges to sit part-time
	Acting Judges
107	Acting Chief Justice
108	Acting President of Court of Appeal
109	Acting Chief High Court Judge
110	Appointment of acting Judges of Supreme Court by Chief Justice
111	Appointment of acting Judges of Supreme Court by Governor-General
112	Appointment of acting Judges of Court of Appeal
113	Appointment of acting Judges of High Court
114	Appointment of acting Associate Judges
115	Requirements before Attorney-General gives advice on appointment of acting Judge
116	Term of appointment of acting Judges appointed by Governor-General
117	Term of appointment of acting Associate Judges
118	Jurisdiction, powers, protections, etc, of acting Judges
119	Conclusive proof of authority to act
	Seniority of Judges
120	Chief Justice most senior Judge
121	Seniority of Supreme Court Judges
122	Seniority of Court of Appeal Judges
123	Seniority of High Court Judges
124	Permanent Judges senior to acting Judges
125	Seniority of acting Judges
126	Seniority of Associate Judges
	Tenure of office
127	Tenure of Chief Justice
128	Tenure of President of Court of Appeal
129	Tenure of Chief High Court Judge
130	Tenure of Supreme Court Judges, Court of Appeal Judges, High Court Judges, and Associate Judges
131	Resignation
132	Governor-General must approve certain resignations
133	Judges to retire at 70 years
134	Removal from office
	Salaries and allowances
135	Salaries and allowances of permanent Judges and Associate Judges
136	Salaries and allowances of part-time Judges
137	Salaries and allowances of acting Judges
138	Superannuation of acting Judges
139	Superannuation or retiring allowances of Associate Judges
140	Higher duties allowance
141	Salary of Judge not to be reduced
	Restrictions
142	Judge not to undertake other employment or hold other office
143	Protocol relating to activities of Judges
144	Judge not to practise as lawyer
	Part 6 Rules of court and miscellaneous provisions
	Rules of practice and procedure
145	Purpose of rules of practice and procedure
146	High Court Rules
147	High Court Rules part of Act
148	Rules of practice and procedure generally
149	Rules of practice and procedure of High Court
150	Rules of practice and procedure of Court of Appeal and Supreme Court
151	Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars
152	Rules of practice and procedure under other Acts
153	Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court
154	Publication of High Court Rules under Legislation Act 2012
155	Rules Committee
	Regulations
156	Regulations
157	Regulations providing for waiver, etc, of fees
158	Postponement of fees
159	Manner in which section 157 or 158 applications to be made
160	Review of Registrar’s decision concerning fees
161	Judge or Registrar may waive certain fees
	Costs
162	Jurisdiction of court to award costs in all cases
	Appointment of technical advisers
163	Court of Appeal and Supreme Court may appoint technical advisers
164	Appointment and other matters
	Contempt
165	Contempt of court
	Restriction on commencing or continuing proceeding
166	Judge may make order restricting commencement or continuation of proceeding
167	Grounds for making section 166 order
168	Terms of section 166 order
169	Procedure and appeals relating to section 166 orders
	Reserved judgments
170	Reserved judgments
	Recusal
171	Recusal guidelines
	Foreign creditors
172	Memorials of judgments obtained out of New Zealand may be registered
	Access to information
173	Access to court information, judicial information, or Ministry of Justice information
174	Sharing of permitted information with other departments
175	Requirements that Registrars disclose information
	Payment of fees collected
176	Fees to be paid into Crown Bank Account
	Provisions and rules of general application
177	Judicial officers to continue in office to complete proceedings
178	Costs where intervener or counsel assisting court appears
179	Judgment against one of several persons jointly liable not a bar to action against others
180	Rules of equity prevail over rules of common law
	Discharge of jurors
181	Discharge of juror or jury
	Repeals, revocations, consequential amendments, and savings and transitional provisions
182	Repeals
183	Consequential amendments
184	Regulations continued
185	Rules continued
186	Transitional provisions
	Schedule 1 Consequential amendments to High Court Rules 2016
	Schedule 2 Categories of information for purposes of sections 173 and 174
	Schedule 3 Consequential amendments relating to Senior Courts
	Schedule 4 Consequential amendments relating to new publishing requirements for High Court Rules, etc
	Schedule 5 Transitional provisions relating to Senior Courts
	Legislative history
	Administrative information

The Parliament of New Zealand enacts as follows:

New Zealand Legislation

List of access keys

Quick search

My recent searches

Senior Courts Act 2016

Senior Courts Act 2016

Contents