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StatuteDistrict Court Act 2016

Section 46 — District Court Act 2016: No proceeding against Community Magistrate unless he or she acted without jurisdiction

Text of the provision Official document

46 No proceeding against Community Magistrate unless he or she acted without jurisdiction (1) No proceeding may be commenced against any Community Magistrate for any act done by him or her unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction. (2) If a warrant to seize property or a warrant of commitment is granted by a Community Magistrate in good faith in reliance on a conviction or an order entered or made by a Justice or Community Magistrate, no proceeding may be commenced against the Community Magistrate who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Community Magistrate who entered or made it. Compare: 1947 No 16 s 11CA

Official source: legislation.govt.nz

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