Section 20 — Senior Courts Act 2016: Associate Judge may exercise certain powers of High Court
Text of the provision Official document
20 Associate Judge may exercise certain powers of High Court (1) An Associate Judge has the jurisdiction and powers of the High Court in relation to the following matters: (a) an application for summary judgment: (b) reinstating a company to the Register of Companies: (c) any matter arising under the Insolvency Act 1967 : (d) case management of proceedings under the Admiralty Act 1973 : (e) a proceeding in which relief is claimed solely under any of sections 140 , 143 , 144 , 145 , 145A , and 148 of the Land Transfer Act 1952 (which relate to caveats): (f) an assessment of damages where liability has been determined or the trial of a proceeding in which only the amount of a debt or damages is in dispute: (g) the entry of a judgment by consent or the making of an order by consent: (h) the making of an order (other than an arrest order or an order relating to an arrest order) that may be made under the High Court Rules against a judgment debtor who has been ordered to attend the court for an examination: (i) the making, variation, suspension, or discharge of an attachment order under the High Court Rules: (j) any other matter that an Associate Judge has jurisdiction to deal with under an enactment. (2) An Associate Judge has the jurisdiction and powers of the court or a High Court Judge under the following enactments: (a) article 11 of Schedule 1 of the Arbitration Act 1996: (b) sections 123 , 154 , 165 to 168 , 173 , 179 , 232 to 234 , 236 to 238 , Part 15A , Part 16 , and section 329 of the Companies Act 1993: (c) section 42(2) of the Corporations (Investigations and Management) Act 1989: (d) the Insolvency Act 2006 (except sections 150 , 166(3) , 180 , and 236(2) ): (e) regulations or rules made under the Insolvency Act 2006 : (f) regulations relating to liquidations made under the Companies Act 1993 : (g) sections 118 , 128 , 131 , 167 , 168 , 170 , 179 , 181 , 182 , and 186 of the Personal Property Securities Act 1999: (h) the Model Law on Cross-Border Insolvency as set out in Schedule 1 of the Insolvency (Cross-border) Act 2006. (3) An Associate Judge may adjourn a proceeding even though the Associate Judge does not have jurisdiction in relation to the proceeding. (4) An Associate Judge has the jurisdiction and powers of the court to deal with costs and other matters incidental to the matters over which the Associate Judge has jurisdiction under this section. (5) Rules made under section 148 or under any other Act in the same manner as rules under that section may contain any provisions that may be necessary to enable the proper exercise by Associate Judges of the jurisdiction and powers conferred by this section. Compare: 1908 No 89 ss 26I(1)–(3), (4)(a) , 26O
Official source: legislation.govt.nz
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