Supplementary Order Paper No 197

Explanatory note

This Supplementary Order Paper makes various changes to the Judicature Modernisation Bill. These include minor or technical changes, consequential and consistency changes, updates to consequential amendments, and other changes to improve drafting. The more significant changes are explained below.

Clause 2 currently provides for the provisions of the Bill to come into force by Order in Council (and different commencement dates may be appointed for different provisions). The Supplementary Order Paper amends clause 2

  • to bring into force, on the day after the Royal assent,—

    • clause 4 (in so far as it relates to the High Court Rules), new clause 144A, and clauses 145 to 152. :

      • New clauses 144A and 151 provide for the High Court Rules, as in force at the date of the Royal assent, to continue in force as part of Part 1 of the Bill but be published under the Legislation Act 2012, as the High Court Rules 2016, as if they were a statutory instrument. These changes have no substantive effect but have the practical effect of making the rules more accessible for users. Schedule 1, which currently sets out the High Court Rules as in force when the Bill was introduced, is therefore proposed to be deleted (see the provision and note inserted at Schedule 1).

      • Clauses 145 to 150 are powers for making rules of practice and procedure for the High Court, Court of Appeal, and Supreme Court and clause 152 continues the Rules Committee for the purposes of the Senior Courts, District Court, and the Criminal Procedure Act 2011. These provisions enable the High Court Rules 2016 to be amended under clause 145 and the equivalent provisions of the Judicature Act 1908 (section 51A to 51F) are therefore repealed (new clause 199AA).

    • clauses 171 and 419, which provide for the extent to which a person may have access to the court information of a senior court and the court information of the District Court, judicial information, and Ministry of Justice information as described in Schedules 2 and 5:

    • clauses 171A and 419A, which provide for the Ministry of Justice to share permitted information (listed in Part B of Schedule 2 and Part B of Schedule 5) with other agencies under approved information sharing agreements under the Privacy Act 1993:

    • Schedule 2, which specifies categories of information for the purposes of clauses 171 and 171A:

    • Schedule 5, which specifies categories of information for the purposes of clauses 419 and 419A:

    • Schedule 3A, which amends other enactments consequential on new clause 151 and the publication of the High Court Rules as the High Court Rules 2016:

  • to bring into force, on 1 March 2017, all remaining provisions of the Bill except those concerning Part 4:

  • to bring into force, on 1 January 2018,—

    • Part 4, which provides for the interest that is to be awarded for delay in the payment of money claims in civil proceedings and standard provisions for calculating interest payable on amounts of money under other enactments:

    • subpart 7 of Part 6, which provides for the Copyright Tribunal’s powers to award interest on amounts of money, including how interest must be calculated:

    • new Schedule 9AAA, which contains transitional provisions relating to interest on money claims for proceedings already commenced and transitional provisions relating to amendments to other enactments:

    • new Schedule 9AA, which provides standard provisions for calculating interest to apply for the purposes of other enactments:

    • new Schedule 9, which consequentially amends enactments that currently provide for interest calculated by reference to section 87 of the Judicature Act 1908.

In Parts 1 to 6, including the remaining schedules of the Bill,—

  • new clause 26A is inserted to carry over section 26Q of the Judicature Act 1908 and expressly provide that an Associate Judge has the same immunities as a Judge of the High Court:

  • clause 38(9), which provides for compensation to be awarded to a defendant who is arrested as an absconding debtor but subsequently has judgment awarded in his or her favour in the proceeding relating to the debt, is amended to increase from $2,000 to $10,000 the maximum amount of compensation that a Judge may award the defendant so that this is consistent with the equivalent provision applying in the District Court (clause 392(9)):

  • clause 48, which provides for the assignment of Judges to a division of the Court of Appeal, is deleted as it is redundant now that there are no longer distinct criminal and civil divisions of that court:

  • clause 49 is amended to carry over the existing provision enabling a single Judge of the Court of Appeal to review a decision of the Registrar made within the civil jurisdiction of the court under a power conferred on him or her by a court rule. However, to reflect the additional statutory powers conferred on Registrars by clause 64(1)(b), the amendment enables a single Judge to review a Registrar’s decision made in the exercise of those powers also:

  • clause 66 is amended to retain express reference to the Supreme Court hearing appeals on important legal matters, including matters relating to the Treaty of Waitangi:

  • clauses 110, 111, and 112 are amended to ensure that an acting Judge of the Supreme Court, Court of Appeal, or High Court may be appointed by the Governor-General in anticipation of a vacancy or need:

  • new clauses 136A, 218A, 569A, and 569B are inserted, and clause 543 is amended, to provide that an acting Judge is not entitled to a government-funded subsidy on his or her contribution to a superannuation fund unless when appointed an acting Judge he or she is a permanent Judge of a court (in which case the entitlement is to a government subsidy on the contribution to the Judge’s superannuation that relates to the permanent office that the Judge continues to hold):

  • clauses 167 and 401, new section 222B in clause 544, new section 288B in clause 565, and new section 98B in clause 571 are deleted to remove the requirement that final written judgments of a court must be published on the Internet, leaving the publication of judgments a matter for the judiciary to determine as currently:

  • clauses 171B and 419B, which provide that a requirement to notify a registration authority of certain information is not affected by any suppression order imposed by the court, are amended to clarify that a requirement of this kind is also not affected by suppression orders imposed by the operation of law (for example, under section 201 of the Criminal Procedure Act 2011):

  • clause 421 is replaced by new clauses 421 to 421T, which set out in more detail how references to District Courts, Family Courts, Youth Courts, and Disputes Tribunals are to be read on the commencement of Part 2 of the Bill when there will be only 1 District Court with divisions known as the Family Court, Youth Court, and Disputes Tribunal. Consequential amendments to the District Courts Rules 2014, Family Courts Act 1980, Family Courts Rules 2002, and Disputes Tribunal Act 1988 are also made:

  • clause 445 is amended, and new clause 445A is inserted, to include an additional purpose of Part 5, which is to provide standard provisions for calculating sums of interest on amounts under other enactments using the Internet site calculator. Under new clause 470AA and new Schedule 9AA, the standard clauses set out in new Schedule 9AA apply where an enactment provides for interest to be calculated in accordance with that schedule:

  • clause 467 is amended to provide for regulations to be made prescribing when a judgment debt or an instalment of payment of a judgment debt is paid or deemed to be paid for the purpose of calculating interest under Part 4:

  • clause 475 is amended to include the ability to limit, by Order in Council, the application of Part 5 (which enables the use of electronic technology in court and tribunal proceedings) to a court or tribunal located in a particular place, or to a particular jurisdiction of a court or tribunal located in a particular place, or to any specified class of persons:

  • clause 527 (which replaces section 8 of the Courts (Remote Participation) Act 2010), which currently requires the use of audiovisual links (AVL) for sentencing hearings, is amended to provide that the use of AVL in such hearings is at the discretion of the Judge if certain criteria are met:

  • clause 579 is deleted as the Judicature Act 1908 (except section 87) is repealed by clause 179. Section 87 is repealed by clause 470 on 1 January 2018:

  • clause 580 and Schedule 11 are deleted as relevant consequential amendments are now incorporated in Part 6:

  • new Schedule 1A is inserted as a consequence of the High Court Rules being continued after the Royal assent and the rest of the Bill (other than the provisions relating to interest on money claims) coming into force on 1 March 2017. New Schedule 1A consequentially amends the High Court Rules 2016 on 1 March 2017 to replace references to legislation repealed on that date and take account of substantive changes concerning the senior courts and the District Court that also come into force on that date:

  • Schedules 2 and 5, which describe for the purposes of Part 1 (clauses 171 and 171A) and Part 2 (clauses 419 and 419A) respectively, court information, Ministry of Justice information, and judicial information that may be accessed or shared, are amended to—

    • include as further items of permitted information that may be shared between agencies protection orders made under the Sentencing Act 2002, non-contact orders made under the Victims’ Orders Against Violent Offenders Act 2014, and public protection orders made under the Public Safety (Public Protection Orders) Act 2014:

    • clarify that case-level information must exclude any personal identification details so that it is not possible to work out the identity of any person from the published information or data:

  • Schedule 3, which sets out consequential amendments relating to Part 1 of the Bill, is updated:

  • Schedule 6, which sets out consequential amendments relating to Part 2 of the Bill, is updated:

  • Schedule 8, which sets out consequential amendments relating to Part 3 of the Bill, is updated:

  • Schedule 9, which sets out consequential amendments relating to Part 4 of the Bill is updated.

Departmental disclosure statement

The Ministry of Justice considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.

The Honourable Minister, in Committee, to propose the amendments shown in the following document.