Judicature Modernisation Bill

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Hon Judith Collins

Judicature Modernisation Bill

Government Bill

178—2

As reported from the Justice and Electoral Committee

Contents

Commentary

Key

1 Title

2 Commencement

Part 1
Senior courts

Subpart 1Preliminary provisions

3 Purposes

4 Interpretation

5 This Part binds the Crown

Subpart 2High Court

Constitution of High Court

6 High Court continued

6A Number of High Court Judges

7 Seal

8 Powers of High Court to be exercised by High Court Judges

9 Sessions of High Court and adjournments

10 Court offices

Jurisdiction of High Court

11 Jurisdiction of High Court

12 Power to award damages as well as, or in substitution for, injunction or specific performance

13 Jurisdiction in relation to persons who lack competence to manage their affairs

14 When civil proceeding to be tried before Judge alone

15 Certain civil proceedings may be tried by High Court Judge with jury

16 Question of foreign law must be decided by High Court Judge

17 Proceedings in place of writs

Panels of Judges

18 Panels

Jurisdiction of Associate Judges

19 Associate Judge may exercise certain powers of High Court

20 Ancillary powers of Associate Judge

21 Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers

22 Application of provisions relating to witnesses and contempt

23 No power to order committal, attachment, or arrest

24 Power to act as referee

25 Transfer of proceeding to High Court Judge

26 Appeals against decisions of Associate Judges

27 Jurisdiction of High Court Judges not affected

Commissioners for oaths, affidavits, and affirmations

28 Power to appoint Commissioners

29 Effect of oath, affidavit, or affirmation

30 Revocation of commission

Registrars, Sheriffs, and officers of High Court

31 Appointment of Registrars, Deputy Registrars, and other officers of High Court

32 Powers of Registrars

33 Sheriffs

34 Powers of Sheriffs

35 Sheriff not to act as lawyer or agent

36 Service of process when Sheriff disqualified

37 Persons arrested by Sheriffs may be committed to prison at once

Miscellaneous matters

38 Arrest of defendant about to leave New Zealand

39 Witness not required to attend hearing of civil proceeding unless allowances and expenses paid

40 Failure of witness to attend

41 Refusal to give evidence

42 High Court may require person to undergo medical examination

Subpart 3Court of Appeal

Constitution

43 Court of Appeal continued

44 Seal

45 Court of Appeal to sit in divisions

46 Composition of criminal appeals division or divisions

47 Composition of civil appeals division or divisions

46 Composition of divisions

48 Assignment of Judges to divisions

49 Certain applications can be dealt with by 1 or 2 Judges

49 Powers exercisable by Judges

50 Review of determination of single Judge of Court of Appeal

51 Court of Appeal to sit as full court in certain cases

52 Cases of sufficient significance for full court

53 Authority of High Court Judges to act as Judges of Court of Appeal

54 Judgment of Court of Appeal

55 Sessions of Court of Appeal

56 Adjournments

Jurisdiction

57 Jurisdiction

58 Court of Appeal may remit proceeding to High Court

59 Judgment of Court of Appeal may be enforced by High Court

60 Transfer of civil proceeding from High Court to Court of Appeal

61 Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court

62 Reasons for granting or refusing leave to appeal

62A 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

Subpart 4Supreme 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 cases

69 Appeal 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 judgment 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

Subpart 5Senior 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

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

101A High Court Judge or Associate Judge may not hold lower judicial office

101B Court of Appeal Judge continues as Judge of High Court

102 Supreme Court Judge continues as Judge of High Court but no other court

103 Court of Appeal Judge continues as Judge of High Court

104 Terms and conditions of appointment not to be changed without consent

Part-time Judges

105 Attorney-General may authorise Judges to sit part-time

Acting Judges

106 Acting Chief Justice

107 Acting President of Court of Appeal

108 Acting Chief High Court Judge

109 Appointment of acting Judges of Supreme Court by Chief Justice

110 Appointment of acting Judges of Supreme Court by Governor-General

111 Appointment of acting Judges of Court of Appeal

112 Appointment of acting Judges of High Court

113 Appointment of acting Associate Judges

114 Requirements before Attorney-General gives advice on appointment of acting Judge

115 Term of acting Judges appointed by Governor-General

116 Term of appointment of acting Associate Judges

117 Jurisdiction, powers, protections, etc, of acting Judges

118 Conclusive proof of authority to act

Seniority of Judges

119 Chief Justice most senior Judge

120 Seniority of Supreme Court Judges

121 Seniority of Court of Appeal Judges

122 Seniority of High Court Judges

123 Permanent Judges senior to acting Judges

124 Seniority of acting Judges

125 Seniority of Associate Judges

Tenure of office

126 Tenure of Chief Justice

127 Tenure of President of Court of Appeal

128 Tenure of Chief High Court Judge

129 Tenure of Supreme Court Judges, Court of Appeal Judges, High Court Judges, and Associate Judges

130 Resignation

131 Governor-General must approve certain resignations

132 Judges to retire at 70 years

133 Removal from office

Salaries and allowances

134 Salaries and allowances of permanent Judges and Associate Judges

135 Salaries and allowances of part-time Judges

136 Salaries and allowances of acting Judges

137 Superannuation or retiring allowances of Associate Judges

138 Higher duties allowance

139 Salary of Judge not to be reduced

Restrictions

140 Judge not to undertake other employment or hold other office

141 Protocol relating to activities of Judges

142 Judge not to practise as lawyer

Subpart 6Rules of court and miscellaneous provisions

Rules of practice and procedure

143 Purpose of rules of practice and procedure

144 High Court Rules

145 Rules of practice and procedure generally

146 Rules of practice and procedure of High Court

147 Rules of practice and procedure of Court of Appeal and Supreme Court

148 Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars

149 Rules of practice and procedure under other Acts

150 Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court

151 Publication of High Court Rules under Legislation Act 2012

152 Rules Committee

Regulations

153 Regulations

154 Regulations providing for waiver, etc, of fees

155 Postponement of fees

156 Manner in which section 154 or 155 applications to be made

157 Review of Registrar's decision concerning fees

157A Judge or Registrar may waive certain fees

Costs

158 Jurisdiction of court to award costs in all cases

Appointment of technical advisers

159 Court of Appeal and Supreme Court may appoint technical advisers

160 Appointment and other matters

Contempt

161 Contempt of court

Restriction on commencing or continuing proceeding

162 Judge may make order restricting commencement or continuation of proceeding

163 Ground for making section 162 order

164 Terms of section 162 order

165 Procedure and appeals relating to section 162 orders

Reserved judgments and publication of final judgments

166 Reserved judgments

167 Final written judgments to be published on Internet

Recusal

168 Recusal guidelines

Non-party participants

169 Persons who may support self-represented litigant

Foreign creditors

170 Memorials of judgments obtained out of New Zealand may be registered

Access to information

171 Access to court records, judicial information, or ministry information

171A Sharing of permitted information with other departments

171B Requirements that Registrars disclose information

Payment of fees collected

172 Fees to be paid into Crown Bank Account

Provisions and rules of general application

173 Judicial officers to continue in office to complete proceedings

174 Costs where intervener or counsel assisting court appears

175 Judgment against one of several persons jointly liable not a bar to action against others

176 Rules of equity prevail over rules of common law

Service of process on Sundays

177 Service of process on Sundays void

Discharge of jurors

178 Discharge of juror or jury

Repeals, revocations, consequential amendments, and savings and transitional provisions

179 Repeals

180 Consequential amendments

181 Regulations continued

182 Rules continued

183 Transitional provisions

Part 2
District Court

Preliminary provisions

184 Purposes

185 Interpretation

186 Part binds the Crown

187 Application of this Part

Subpart 1Establishment of District Court

188 District Court

189 Seal

Divisions of court

190 Divisions of court

Court offices

191 Court offices

Subpart 2Judges

Appointment of Judges

192 Appointment of Judge

193 Maximum number of Judges

194 Appointment of Judge to sit in other jurisdiction or division of court

195 Appointment of jury trial Judges

196 Appointment of Judge for Chatham Islands

197 Who is eligible for appointment as Judge

198 Tenure of Judges

199 Seniority

200 Restrictions on Judges

201 Protocol relating to activities of Judges

Powers of Judges

202 Powers of Judges

203 Exercise of jurisdiction

204 Additional powers of Judges

205 Other functions of Judges

206 Immunity of Judges

Chief District Court Judge

207 Chief District Court Judge

208 Tenure of Chief District Court Judge

209 Acting Chief District Court Judge

Resignation, retirement, and removal

210 Resignation

211 Retirement

212 Removal

Part-time Judges

213 Attorney-General may authorise permanent Judge to sit part-time

Acting Judges

214 Appointment of acting Judges

215 Term of appointment of acting Judge

216 Acting Judge must be authorised to act

Remuneration

217 Remuneration of Chief District Court Judge, principal Judges, and permanent Judges

218 Remuneration of part-time or acting Judge

219 Reduction in remuneration of Chief District Court Judge or principal Judge

220 Judge's remuneration must not be reduced

Subpart 3Community Magistrates

Community Magistrates

221 Appointment of Community Magistrate

222 Who is eligible for appointment as Community Magistrate

223 Functions and powers of Community Magistrate

224 Tenure of Community Magistrate

225 Retirement, resignation, and removal

226 Remuneration of Community Magistrate must not be reduced

227 Restrictions on Community Magistrates

Immunity for Community Magistrates

228 No proceeding against Community Magistrate unless he or she acted without jurisdiction

229 No proceeding against Community Magistrate to be commenced in District Court

230 Onus of proof

231 Plaintiff may be ordered to give security for costs

232 Indemnity to Community Magistrate

Chief Community Magistrate

233 Chief Community Magistrate

234 Appointment of Chief Community Magistrate

235 Who is eligible for appointment as Chief Community Magistrate

236 Tenure of Chief Community Magistrate

237 Functions of Chief Community Magistrate

238 Acting Chief Community Magistrate

Acting Community Magistrates

239 Appointment of acting Community Magistrates

240 Term of appointment of acting Community Magistrate

241 Acting Community Magistrate must be authorised to act

Remuneration

242 Remuneration of Chief Community Magistrate and Community Magistrates

243 Remuneration of acting Community Magistrate

Registrars, bailiffs, and other officers of court

244 Appointment of Registrars, Deputy Registrars, and other officers of court

245 Powers of Registrars and Deputy Registrars

246 Registrar must hold record of proceedings

247 Admissibility of document required to be held by Registrar

248 Appointment of bailiffs

249 Appointment of deputy bailiffs

250 Powers and duties of bailiffs

251 Powers, etc, of deputy bailiffs

252 Misconduct of officers

253 Officer of court must not act as lawyer in court proceedings

Court business

254 Sessions of court and adjournments

Subpart 4Jurisdiction

Criminal jurisdiction of District Court

255 Criminal jurisdiction of court

Civil jurisdiction of District Court

256 General civil jurisdiction

257 Money recoverable by statute

258 Jurisdiction in equity

259 Jurisdiction in relation to partnerships

260 Exceptions

261 Jurisdiction to recover land in certain cases

262 Abandonment of part of claim to give court jurisdiction

263 Extension of jurisdiction by consent

264 Jurisdiction exclusive of interest

265 Causes of action not to be divided

266 Remedies

267 Proceedings against absent defendant

Subpart 5Transfer of proceedings

268 Transfer of proceeding in which amount or value of claim exceeds $90,000

269 Transfer of proceeding in which amount or value of claim does not exceed $90,000

270 Procedure for transfer of proceeding

271 High Court Judge may order removal of proceeding into High Court

272 Transfer of proceeding if no jurisdiction

273 Transfer of proceeding to High Court if counterclaim exceeds jurisdiction

274 Transfer of summary judgment applications to High Court

275 Determination of question of law by High Court

276 Transfer of proceeding from High Court to District Court

277 Procedure on transfer of proceeding to District Court

278 Costs in cases transferred

Subpart 6Procedure

Parties

279 Trustees, executors, and administrators

280 Minors

281 Persons jointly liable

282 Bankruptcy of plaintiff

Witnesses

283 Witness expenses

284 Offence to disobey witness summons

285 Examination of witnesses and service of process overseas

286 Who may take affidavit

Discovery

287 Pre-commencement discovery

288 Discovery against non-party after proceeding commenced

Subpart 7Hearing

289 Right to appear

290 Trial by Judge

291 Equity and good conscience

292 Judge must record various matters

293 Reference to arbitration

294 Application to set arbitral award aside

295 Judge may refer matter to Registrar or referee

296 Judge may refer matter of account to Registrar, etc

297 Reference by consent

Subpart 8Judgments, orders, and removal of judgments

Judgments and orders

298 Finality of judgments and orders

299 Technical defects do not invalidate judgment, order, or proceeding

300 Payment of judgments or orders

301 Stay if party unable to pay judgment amount

Removal of judgments

302 Removal of judgment of District Court into High Court

303 Proceeding in High Court on judgment or order of District Court

304 Removal of judgment or order of High Court into District Court

Subpart 9Appeals

Appeals to High Court

305 Interpretation

306 General right of appeal

307 No appeal if agreement that decision would be binding

308 Security for appeal

309 Appeals to be by way of rehearing

310 Powers of High Court on appeal

311 Repayment of judgment amount and interest

312 Enforcement proceedings

Subpart 10Enforcement of judgments

Enforcement proceedings

313 Types of enforcement proceeding

314 Judgment may be enforced in any District Court

315 Judgment or order for payment of money

316 Judgment or order in nature of injunction, etc

317 Discovery order

318 Judgment or order for recovery of land

319 Judgment or order for delivery of specific chattels

Time when enforcement proceeding may commence

320 Time when enforcement proceeding may commence: general rule

321 Exception to general rule: attachment orders

Restrictions on enforcement proceeding

322 Restriction on enforcement of judgment more than 6 years old

323 No enforcement of order for payment by instalments without default

324 Proceeding on cross-judgment

Stay of enforcement proceeding

325 Stay of enforcement proceeding for inability to pay

326 Stay of proceeding on appeal

Information about judgment debtor's means

327 Filing of financial statement

328 Notice to complete financial statement

329 Court to request information about judgment debtor's means

330 Court may order hearing if information about judgment debtor's means not provided, etc

331 Application for financial assessment hearing

332 Power to arrest judgment debtor or officer

333 Financial assessment hearing

334 Registrar may exercise jurisdiction of court under sections 329, 330, 331, 333, 335, 337, and 343

335 Orders by court following filing of financial statement, etc

Attachment orders

336 Interpretation

337 Attachment orders

338 Content of attachment orders

339 Effect of attachment orders

340 Liability of employer

341 Wrongful treatment of employee

342 Extent to which attachment orders bind the Crown

343 Variation, suspension, and discharge of attachment orders

344 Review of Registrar's decision

Contempt of enforcement proceedings

345 Contempt of enforcement proceedings

346 Process for dealing with application for contempt of enforcement proceedings

347 Warrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing

348 Judgment debtor doing community work is discharged on payment

Warrants to seize property

349 Warrant to seize property

350 Immobilisation of motor vehicles

351 Disposal of securities seized

352 Offence of rescuing goods seized

Sale of goods seized under warrant to seize property

353 Period to elapse before sale

354 Goods must be sold by public auction unless court orders otherwise

355 Purchaser from bailiff acquires goods free of all ownership and other proprietary interests

356 Immunity of bailiff who sells without notice of claim to goods

357 Goods seized under warrant to seize property that are subject to security interest

358 Personal property securities register to be checked

Claims in respect of goods seized under warrant to seize property

359 Priority of High Court and District Court executions

360 Sale of goods subject to third party claim

361 Third party claim process

Garnishee proceedings

362 Garnishee proceedings

363 Money held on deposit or in account

364 Application of section 363

365 Liability to deliver or disclose deposit book, deposit receipt, etc

Charging orders

366 Charging orders

367 Variation or discharge of charging order

368 Effect of charging order

369 Charging order in respect of land expires after 2 years

370 Registration of charging order over land or mining privilege

371 Removal of charging order into High Court

Order or warrant to detain in prison

372 Issue and execution of order or warrant to detain in prison

373 Form of warrant to detain

374 Person to be detained in prison

375 Power of judge to order discharge

Warrant for recovery of land

376 Warrant for recovery of land

377 Time for executing warrant of recovery of land

378 Effect of possession given under warrant for recovery of land

379 Irregularity or informality in execution of warrant

380 Person illegally obtaining warrant liable for trespass

381 Immunity of Judge, etc, when warrant illegally obtained

382 Execution of warrant may be stayed on giving bond

383 Effect of judgment for tenant or occupier in proceeding for trespass

Recovery of chattels

384 Warrant for recovery of chattels

385 Further proceedings if chattels not recovered

Liability and protection of officers

386 Neglect by bailiffs

387 Liability of court officer for irregularity or informality in execution of warrant

388 Liability of bailiff acting under warrant

389 Warrant is proof of court's authority

Service

390 Service of documents under this Part

391 Service provisions modified in special cases

Subpart 11Miscellaneous and general provisions

Warrants to arrest

392 Arrest of debtor about to leave New Zealand

Interpleader

393 Interpleader

Contempt

394 Contempt of court

Restriction on commencing or continuing civil proceeding

395 Judge may make order restricting commencement or continuation of civil proceeding

396 Ground for making section 395 order

397 Terms of section 395 order

398 Procedure and appeals relating to section 395 orders

Recusal

399 Recusal guidelines

Reserved judgments and Internet publication of final written judgments

400 Information regarding reserved judgments

401 Final written judgments to be published on Internet

Financial provisions

402 Payment and recovery of fees

403 Enforcement of fines

404 Fines and fees must be paid to Crown Bank Account

Miscellaneous

405 Prescribed documents to be sealed

406 Proof of service of documents

407 Subtenant to give notice of proceeding to subtenant's immediate landlord

408 No privilege for lawyers

409 Constable must assist court or Judge

410 Keeper of prison must detain prisoner on request of bailiff or constable

411 Rules of practice and procedure

412 Application of rules

413 Regulations

414 Regulations providing for waiver, etc, of fees

415 Regulations providing for postponement of fees

416 Chief executive may approve forms

417 Reviews of decisions of Registrars concerning fees

418 Application of Part

419 Access to court records, judicial information, or ministry information

419A Sharing of permitted information with other departments

419B Requirements that Registrars disclose information

419C Judge or Registrar may waive certain fees

Subpart 12Repeals, consequential amendments, and transitional provisions

420 District Courts Act 1947 repealed

421 Consequential amendments

422 Transitional provisions

Part 3
Judicial review procedure

Preliminary provisions

423 Purpose of this Part

424 Interpretation

425 Meaning of statutory power

426 Part binds the Crown

427 This Part subject to certain provisions of Employment Relations Act 2000

Judicial review

428 Application for judicial review

429 Respondents

430 Respondent to file statement of defence

431 Proceedings for mandamus, prohibition, or certiorari must be treated as application for review

432 Proceedings for declaration or injunction may be treated as application for review

433 Case management conference

434 Orders and directions

435 Interim orders

436 Relief that court may grant

437 Court may direct reconsideration of matter to which statutory power of decision relates

438 Discretion of court to refuse to grant relief

439 Discretion of court to refuse to grant relief for defect in form or technical irregularity

440 Appeals

441 References in enactments

Repeal, transitional provision, and consequential amendments

442 Repeal

443 Transitional provision

444 Consequential amendments

Part 4
Interest on money claims

Preliminary provisions

445 Purpose

446 Application

447 Interpretation

448 Part binds the Crown

Subpart 1Award of interest

Interest to be awarded

449 Period for mandatory award of interest

450 Mandatory award of interest

451 Initial amount

452 Calculation of interest awarded under section 450

453 Internet site calculator

454 Calculation if judgment debt paid in full in 1 payment

455 Calculation if judgment debt paid in instalments

456 References to paying debt in full or paying instalments

457 Discretion if money judgment expressed in foreign currency

458 Discretion in special circumstances

Subpart 2Where interest is not to be awarded

459 No interest to be awarded on penalty

460 Restrictions on award of interest for certain specified periods

461 No interest to be awarded for period contrary to provisions of another Act

462 Award of interest if contract makes relevant provision

463 Rules of interpretation for contractual provisions

464 Special provision for interest or lump sum relating to contracts entered into before commencement

Subpart 3Supplementary and miscellaneous provisions

465 Court may not award interest unless procedural requirements complied with

466 Preservation of common law and equitable rights

467 Regulations

468 Transitional provisions for civil proceedings already commenced in senior court

469 Transitional provision for civil proceedings already commenced in District court

470 Amendments to other enactments

Part 5
Electronic courts and tribunals

Preliminary provisions

471 Purpose

472 Principles

473 Interpretation

474 Part binds the Crown

General provisions

475 Part applies to certain courts and tribunals

476 Permitted documents may be used

477 Consent may be inferred from person's conduct

478 Presumption of validity

479 Certain documents to be treated as permitted documents

Manner in which permitted documents meet certain non-electronic requirements

480 Requirement for information to be in writing

481 Requirement for information to be recorded in writing

482 Requirement for information to be given in writing

483 Requirement to provide multiple copies of information

484 Requirement to provide information in certain form

485 Requirement for signatures

486 Requirement for signatures of witnesses

487 Requirement for seals

488 Presumption about reliability of electronic signatures

489 Requirement to retain document or information that is in paper-based form

490 Requirement to retain information that is in electronic form

491 Extra conditions for electronic communications

492 Requirement to provide or produce information that is in paper-based form

493 Requirement to provide or produce information that is in electronic form

494 Requirement to provide access to information that is in paper-based form

495 Requirement to provide access to information that is in electronic form

496 Requirement relating to content of information

497 Copyright in permitted documents

Rules regarding transmission of permitted documents

498 Time of dispatch of permitted documents

499 Time of receipt of permitted documents

500 Place of filing

Fees and regulations

501 Filing fees payable for permitted documents

502 Regulations

Consequential amendments and transitional provisions

503 Amendment to Electronic Identity Verification Act 2012

504 Amendment to Electronic Transactions Act 2002

504A Amendment to Resource Management Act 1991

505 Transitional provisions

Part 6
Amendments to other enactments

Subpart 1Amendments to Arbitration Act 1996

506 Principal Act

507 Section 2 amended (Interpretation)

508 New section 6A inserted (Minister of Justice to appoint body to resolve certain matters)

509 Schedule 1 amended

Subpart 2Amendment to Bills of Exchange Act 1908

510 Principal Act

511 New section 96A inserted (Actions on other lost instruments)

Subpart 3Amendment to Building Societies Act 1965

512 Principal Act amended

513 New section 136A inserted (Jurisdiction of District Court)

Subpart 4Amendment to Children, Young Persons, and Their Families Act 1989

514 Principal Act

515 Section 434 amended (Principal Youth Court Judge)

Subpart 5Amendments to Companies Act 1993

516 Principal Act

517 Section 2 amended (Interpretation)

518 Section 235 amended (Interpretation)

519 Section 240 amended (Interpretation)

520 New section 240B inserted (Liquidation of associations)

521 New Schedule 10 inserted

Subpart 6Amendment to Contractual Remedies Act 1979

522 Principal Act

523 New section 4A inserted (Stipulations not essence of contracts)

Subpart 7Amendment to Copyright Act 1994

524 Principal Act

525 New section 222A inserted (Power to award interest)

Subpart 8Amendments to Courts (Remote Participation) Act 2010

526 Principal Act

527 Section 8 replaced (Use of audio-visual links in criminal procedural matters)

528 Section 13 replaced (Determining place of hearing)

Subpart 9Amendments to Criminal Procedure Act 2011

529 Principal Act

530 Section 74 amended (Category 4 offences)

531 Section 133 amended (Amendment of charge)

532 Section 146 amended (Withdrawal of charge)

533 New section 362A inserted (Jurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of charges)

534 Section 365 repealed (Contempt of court)

Subpart 10Amendments to Employment Relations Act 2000

535 Principal Act

536 Section 5 amended (Interpretation)

537 Section 187 amended (Jurisdiction of court)

538 Section 196 replaced (Contempt of court or Authority)

539 New section 198A inserted (Registrar may take affidavit)

540 Section 200 amended (Appointment of Judges)

541 New sections 200AA and 200AB inserted

542 Section 201 amended (Seniority)

543 Section 207 amended (Appointment of temporary Judges)

544 New sections 222A to 222G inserted

545 New section 236A inserted (Persons who may support self-represented litigant)

546 Section 237 amended (Regulations)

547 New sections 237B to 237D inserted

Subpart 11Amendment to Family Courts Act 1980

548 Principal Act

549 Section 7 amended (Acting Family Court Judges)

Subpart 12Amendment to Insolvency Act 2006

550 Principal Act

551 Section 6 amended (Corporations and other entities not subject to Act)

Subpart 13Amendments to Local Government (Rating) Act 2002

552 Principal Act

553 Section 70 amended (Rating unit may be sold or leased)

554 Section 75 amended (Application of proceeds of rating sale or lease)

Subpart 14Amendments to Property Law Act 2007

555 Principal Act

556 New section 27A inserted (Writing required for discharge of debt by acceptance of part in satisfaction)

557 New subpart 5A of Part 2 inserted

558 New sections 74A and 74B inserted

Subpart 15Amendments to Resource Management Act 1991

559 Principal Act

560 Section 2 amended (Interpretation)

561 Section 250 amended (Appointment of Environment Judges and alternate Environment Judges)

562 New sections 250A and 250B inserted

563 New section 274A inserted (Persons who may support self-represented litigant)

564 Section 282 replaced (Power to commit for contempt)

565 New sections 288A to 288G inserted

Subpart 16Amendments to Te Ture Whenua Maori Act 1993

566 Principal Act

567 Section 4 amended (Interpretation)

568 Section 7 amended (Appointment of Judges)

569 New sections 7AA and 7AB inserted

570 Section 90 replaced (Power to remove for contempt)

571 New sections 98A to 98H inserted

Subpart 17Amendments to Trans-Tasman Proceedings Act 2010

572 Principal Act

573 Section 3 amended (Purpose of, and guides to, this Act)

574 Section 4 amended (Interpretation)

575 Section 6 repealed (Trans-Tasman market proceedings provisions not affected)

576 Section 53 amended (When registrable Australian judgments are enforceable in New Zealand)

577 New Part 3 inserted

578 Consequential amendment to Evidence Act 2006

579 Consequential amendment to Judicature Act 1908

580 Consequential amendments for Part 6

581 Transitional provision for Part 6

Schedule 1
High Court Rules

Schedule 2
Categories of information for purposes of section 171

Schedule 3
Consequential amendments relating to Senior Courts

Schedule 4
Transitional provisions relating to Senior Courts

Schedule 5
Categories of information for purposes of section 419 (District Court)

Schedule 6
Consequential amendments relating to District Court

Schedule 7
Transitional provisions relating to District Court

Schedule 8
Consequential amendments to other enactments: judicial review procedure

Schedule 9
Consequential amendments to other enactments: interest on money claims

Schedule 10
New Schedule 10 inserted

Schedule 11
Consequential amendments relating to Part 6

Schedule 12
Transitional provisions in respect of miscellaneous commercial law matters in Part 6

Legislative history


The Parliament of New Zealand enacts as follows: