Senior Courts Bill

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Hon Amy Adams

Senior Courts Bill

Government Bill



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

The Parliament of New Zealand enacts as follows: