Senior Courts Bill

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Hon Amy Adams

Senior Courts Bill

Government Bill

178—3A

	Bill note
	Key
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
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
26A	Immunity 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
	Part 3 Court of Appeal
	Constitution
43	Court of Appeal continued
44	Seal
45	Court of Appeal to sit in divisions
46	Composition of divisions
48	~~Assignment of Judges to divisions~~
49	Powers exercisable by Judges
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
	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 ~~cases~~ 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
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
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 appointment 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
136A	Superannuation 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
	Part 6 Rules of court and miscellaneous provisions
	Rules of practice and procedure
143	Purpose of rules of practice and procedure
144	High Court Rules
144A	High Court Rules part of Act
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~~
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	Grounds 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
	Foreign creditors
170	Memorials of judgments obtained out of New Zealand may be registered
	Access to information
171	Access to court ~~records~~ information, judicial information, or ~~ministry~~ Ministry of Justice 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
	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
	· · · · ·
	~~Schedule 1~~ ~~High Court Rules~~
	Schedule 1A Consequential amendments to High Court Rules 2016
	Schedule 2 Categories of information for purposes of sections 171 and 171A
	Schedule 3 Consequential amendments relating to Senior Courts
	Schedule 3A Consequential amendments relating to new publishing requirements for High Court Rules, etc
	Schedule 4 Transitional provisions relating to Senior Courts
	Legislative history

The Parliament of New Zealand enacts as follows:

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