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StatuteSenior Courts Act 2016

Section 18 — Senior Courts Act 2016: Proceedings in place of writs

Text of the provision Official document

18 Proceedings in place of writs (1) This section applies in any case where, before the commencement of the Judicature Amendment Act (No 2) 1985 ,— (a) the High Court had jurisdiction to grant relief or a remedy or do any other thing by way of a writ; or (b) the High Court could issue a writ for the commencement or conduct of a proceeding or in relation to a proceeding. (2) If this section applies,— (a) the court continues to have jurisdiction to grant the relief or remedy or to do the thing; but (b) the court may not issue the writ; and (c) the court may grant the remedy or relief or do the thing by way of a judgment or an order in accordance with this Act and the High Court Rules; and (d) a proceeding for the remedy or relief or for the court to do the thing must be commenced and conducted in accordance with this Act and the High Court Rules. (3) This section does not apply to— (a) a writ of habeas corpus under the Habeas Corpus Act 2001 ; or (b) any writ of execution for the enforcement of a judgment or an order of the court; or (c) any writ in aid of any writ of execution. (4) Subsection (3) is subject to the High Court Rules. Compare: 1908 No 89 s 98A

Official source: legislation.govt.nz

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