District Court Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Title
1 Title This Act is the District Court Act 2016.
Section Sch1 — Categories of information for purposes of sections 236 and 237 (District Court)
Schedule 1 Categories of information for purposes of sections 236 and 237 (District Court) ss 236 , 237 Court information Part A Description of court information Item Category Description 1 Formal…
Section 2 — Commencement
2 Commencement (1) This Act comes into force on 1 March 2017. (2) Subsection (1) applies with the following exceptions: (a) the following provisions come into force on the day after the date of Royal…
Section Sch2-1
1 The District Court Act 2016, except that— (a) where any provisions of this Act conflict with any of the provisions of the District Court Act 2016, the provisions of this Act prevail: (b) nothing in…
Section Sch2-150 — District Court Rules and this Act apply to appeal
150 District Court Rules and this Act apply to appeal An appeal under section 149 is dealt with in accordance with the District Court Rules made under section 228 of the District Court Act 2016, as…
Section Sch2-16 — Application of District Court Act 2016
16 Application of District Court Act 2016 (1) Subject to subsections (2) to (4), the District Court Act 2016 applies, with any necessary modifications, to the Family Court and Family Court Judges in…
Section Sch2-354 — Jurisdiction of District Court in relation to jury trials
354 Jurisdiction of District Court in relation to jury trials (1) This section applies if the trial of a proceeding is to be a jury trial and the level of trial court is the District Court. (2) Only…
Section Sch2-4 — Disputes Tribunal is division of District Court
4 Disputes Tribunal is division of District Court (1) The District Court has a division known as the Disputes Tribunal. (2) Each Disputes Tribunal that is in existence immediately before this section…
Section Sch2-4-dup2 — Establishment of Family Court
4 Establishment of Family Court The District Court has a division known as the Family Court.
Section Sch2-433 — Establishment of Youth Court
433 Establishment of Youth Court The District Court has a division known as the Youth Court.
Section Sch2-86 — Jurisdiction of District Court
86 Jurisdiction of District Court (1) The District Court may hear and determine proceedings for offences against any of the provisions of this Act. (2) The District Court may hear and determine…
Section Sch2-185A — Jurisdiction of District Court
185A Jurisdiction of District Court (1) The District Court has jurisdiction to exercise any power conferred by sections 182 to 185 in any case where— (a) the occasion for the exercise of the power…
Section Sch2-4A — Offices of Tribunal
4A Offices of Tribunal The Minister may from time to time, by notice in the Gazette ,— (a) establish such offices of the Tribunal as that Minister thinks fit; and (b) disestablish an office of the…
Section Sch2-112E — Specified information sent to District Court
112E Specified information sent to District Court When the Secretary for Justice receives contact information from the chief executive, he or she must— (a) determine in which office of the District…
Section 3 — Purposes
3 Purposes The purposes of this Act are— (a) to reconstitute District Courts as a single court with divisions for a Family Court, a Youth Court, and a Disputes Tribunal; and (b) to provide for— (i)…
Section Sch3-1 — Interpretation
1 Interpretation In this Schedule, unless the context otherwise requires,— former Act means the District Courts Act 1947 judicial officer means a Judge, an acting Judge, a Registrar, a Deputy…
Section Sch3-2 — Judicial officers to continue in office
2 Judicial officers to continue in office (1) This clause applies to every person who is a judicial officer under the former Act immediately before the commencement of this clause. (2) A judicial…
Section Sch3-3 — Other officers of court to continue in office
3 Other officers of court to continue in office (1) This clause applies to every person who is an officer of a District Court (other than a judicial officer as defined in clause 1) under the former…
Section Sch3-4 — Appointment of places for holding of courts for jury trials
4 Appointment of places for holding of courts for jury trials The appointment under section 4(2A) of the former Act of a city, borough, or other place that is in force immediately before the…
Section Sch3-5 — Proceedings, etc, continue under former Act
5 Proceedings, etc, continue under former Act (1) All proceedings pending or in progress in a court operating under the former Act immediately before the commencement of this clause may be continued,…
Section Sch3-6 — District Courts Rules 2014 treated as made under section 228
6 District Courts Rules 2014 treated as made under section 228 The District Courts Rules 2014 must be treated as having been made under section 228 and on the commencement of this schedule continue…
Section 4 — Interpretation
4 Interpretation In this Act, unless the context otherwise requires,— acting Judge means a Judge appointed as an acting Judge under section 31(1) authenticate means,— (a) in relation to a document…
Section 5 — Act binds the Crown
5 Act binds the Crown This Act binds the Crown.
Section 6 — Application of this Act
6 Application of this Act Schedule 3 contains application, savings, and transitional provisions that affect other provisions of this Act as from time to time amended, repealed, or repealed and…
Section 7 — District Court
7 District Court (1) This Act establishes the District Court of New Zealand (the court ). (2) The court consists of— (a) the Chief District Court Judge; and (b) the Principal Family Court Judge and…
Section 8 — Seal
8 Seal The court must have a seal, and each Registrar of the court is responsible for the seal. Compare: 1947 No 16 s 3(2)
Section 9 — Divisions of court
9 Divisions of court The court has the following divisions: (a) a general division, to exercise the ordinary civil and criminal jurisdiction of the court, including common law and equitable…
Section 10 — Court offices
10 Court offices (1) The Governor-General may, by notice in the Gazette ,— (a) declare that an office of the court is established at or for a place; and (b) specify the date on and after which the…
Section 11 — Appointment of Judge
11 Appointment of Judge (1) The Governor-General may, on the advice of the Attorney-General, appoint a Judge. (2) The Governor-General appoints a Judge by a signed warrant of appointment. (3) The…
Section 12 — Maximum number of Judges
12 Maximum number of Judges (1) The maximum number of Judges is 160. (2) For the purposes of subsection (1),— (a) a Judge who is acting on a full-time basis counts as 1: (b) a Judge who is acting on…
Section 13 — Appointment of Judge to sit in other jurisdiction or division of court
13 Appointment of Judge to sit in other jurisdiction or division of court (1) A Judge may be appointed to sit in another jurisdiction or division of the court by— (a) warrant of the Governor-General;…
Section 14 — Appointment of jury trial Judges
14 Appointment of jury trial Judges (1) The Governor-General must by warrant appoint sufficient Judges to exercise the criminal jurisdiction of the court in relation to jury trials under the Criminal…
Section 15 — Who is eligible for appointment as Judge
15 Who is eligible for appointment as Judge A person may be appointed as a Judge if— (a) that person has for at least 7 years held a New Zealand practising certificate as a barrister or as a…
Section 16 — Tenure of Judges
16 Tenure of Judges (1) A Judge is appointed as a permanent Judge and holds office until he or she resigns, retires, or is removed. (2) The terms and conditions of the appointment of a Judge may be…
Section 17 — Restrictions on Judges
17 Restrictions on Judges (1) A Judge must not practise as a lawyer. (2) A Judge must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of…
Section 18 — Protocol relating to activities of Judges
18 Protocol relating to activities of Judges (1) The Chief Justice must develop and publish a protocol containing guidance on— (a) the employment, or types of employment, that he or she considers may…
Section 19 — Powers of Judges
19 Powers of Judges (1) A Judge has the power— (a) to exercise the civil and criminal jurisdiction of the court in accordance with his or her warrant of appointment; and (b) if applicable, to…
Section 20 — Exercise of jurisdiction
20 Exercise of jurisdiction The jurisdiction of the court may be exercised by— (a) a Judge; or (b) if authorised by this Act or any other Act or by the rules, a Registrar or any person authorised to…
Section 21 — Additional powers of Judges
21 Additional powers of Judges (1) A Judge has the same powers and may make the same orders in relation to a proceeding pending before the court as a Judge of the High Court in chambers in a similar…
Section 22 — Other functions of Judges
22 Other functions of Judges A Judge, by virtue of his or her appointment as a Judge,— (a) is also a coroner for New Zealand; and (b) is also a Justice of the Peace for New Zealand; and (c) although…
Section 23 — Immunity of Judges
23 Immunity of Judges A Judge has the same immunities as a High Court Judge. Compare: 1947 No 16 s 119
Section 24 — Chief District Court Judge
24 Chief District Court Judge (1) There must be a Chief District Court Judge appointed by the Governor-General on the advice of the Attorney-General. (2) The Chief District Court Judge is head of the…
Section 25 — Tenure of Chief District Court Judge
25 Tenure of Chief District Court Judge The Chief District Court Judge holds office until he or she— (a) resigns from that office; or (b) ceases to hold office as a Judge. Compare: 1947 No 16 s 5A(2)
Section 26 — Acting Chief District Court Judge
26 Acting Chief District Court Judge (1) The Chief District Court Judge may, with the concurrence of the Chief Justice, nominate a Judge to act in place of the Chief District Court Judge for any…
Section 27 — Resignation
27 Resignation A Judge may resign from office at any time by written notice to the Attorney-General.
Section 28 — Retirement
28 Retirement (1) A Judge must retire from office on reaching the age of 70 years. (2) This section does not apply to an acting Judge.
Section 29 — Removal
29 Removal (1) The Governor-General may, on the advice of the Attorney-General, remove a Judge from office on the grounds of inability or misbehaviour. (2) To avoid doubt, a Judge may be removed…
Section 30 — Attorney-General may authorise permanent Judge to sit part-time
30 Attorney-General may authorise permanent Judge to sit part-time (1) The Attorney-General may, on application by a permanent Judge, authorise the Judge to sit on a part-time basis for a specified…
Section 31 — Appointment of acting Judges
31 Appointment of acting Judges (1) The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges. (2) Only a former Judge under the age of 75 years is eligible for…
Section 32 — Term of appointment of acting Judge
32 Term of appointment of acting Judge (1) An acting Judge may be appointed for a term of not more than 2 years and may be reappointed for 1 or more terms. (2) However, an acting Judge must not be…