District Court Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 33 — Acting Judge must be authorised to act
33 Acting Judge must be authorised to act (1) An acting Judge may act only to the extent that he or she is authorised to do so by the Chief District Court Judge under subsection (2). (2) The Chief…
Section 34 — Remuneration of Chief District Court Judge, principal Judges, and permanent Judges
34 Remuneration of Chief District Court Judge, principal Judges, and permanent Judges The Chief District Court Judge, each principal Judge, and each permanent Judge must be paid, out of public money,…
Section 35 — Remuneration of part-time or acting Judge
35 Remuneration of part-time or acting Judge (1) The salary and allowances of a part-time Judge must be calculated and paid as a pro rata proportion of the salary and allowances of a full-time Judge.…
Section 36 — Superannuation of acting Judges
36 Superannuation of acting Judges (1) A superannuation subsidy must not be paid to a person who is appointed as an acting Judge under section 31 . (2) Subsection (1) does not apply to a compulsory…
Section 37 — Reduction in remuneration of Chief District Court Judge or principal Judge
37 Reduction in remuneration of Chief District Court Judge or principal Judge (1) This section applies if the Chief District Court Judge or a principal Judge ceases to hold the position of Chief…
Section 38 — Judge’s remuneration must not be reduced
38 Judge’s remuneration must not be reduced (1) The remuneration payable to a Judge must not be reduced while the Judge holds office. (2) For the purposes of subsection (1), none of the following is…
Section 39 — Appointment of Community Magistrate
39 Appointment of Community Magistrate (1) The Governor-General may, on the advice of the Minister, appoint a Community Magistrate. (2) Before advising the Governor-General, the Minister may consult…
Section 40 — Who is eligible for appointment as Community Magistrate
40 Who is eligible for appointment as Community Magistrate A person may be appointed as a Community Magistrate if he or she— (a) is capable, because of his or her personal qualities, experience, and…
Section 41 — Functions and powers of Community Magistrate
41 Functions and powers of Community Magistrate (1) A Community Magistrate must carry out the functions of, and may exercise the powers conferred on, Community Magistrates by the Criminal Procedure…
Section 42 — Tenure of Community Magistrate
42 Tenure of Community Magistrate A Community Magistrate holds office until he or she resigns, retires, or is removed.
Section 43 — Retirement, resignation, and removal
43 Retirement, resignation, and removal (1) A Community Magistrate must retire from office on reaching the age of 70 years. (2) A Community Magistrate may resign from office at any time by written…
Section 44 — Remuneration of Community Magistrate must not be reduced
44 Remuneration of Community Magistrate must not be reduced The remuneration payable to a Community Magistrate must not be reduced while the Community Magistrate holds office. Compare: 1947 No 16 s…
Section 45 — Restrictions on Community Magistrates
45 Restrictions on Community Magistrates A Community Magistrate must not— (a) hold any office or engage in any employment or occupation that will, in the opinion of the Governor-General, impair the…
Section 46 — No proceeding against Community Magistrate unless he or she acted without jurisdiction
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…
Section 47 — No proceeding against Community Magistrate to be commenced in District Court
47 No proceeding against Community Magistrate to be commenced in District Court No proceeding against any Community Magistrate by any person claiming to have been injured by an act done by the…
Section 48 — Onus of proof
48 Onus of proof In any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without…
Section 49 — Plaintiff may be ordered to give security for costs
49 Plaintiff may be ordered to give security for costs (1) This section applies to any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by…
Section 50 — Indemnity to Community Magistrate
50 Indemnity to Community Magistrate (1) Subsection (2) applies to any Community Magistrate against whom a judgment has been entered to pay damages or costs to any person injured as a result of any…
Section 51 — Chief Community Magistrate
51 Chief Community Magistrate There may be a Chief Community Magistrate.
Section 52 — Appointment of Chief Community Magistrate
52 Appointment of Chief Community Magistrate (1) The Governor-General may, on the advice of the Minister, appoint the Chief Community Magistrate. (2) Regulations made under this Act may prescribe the…
Section 53 — Who is eligible for appointment as Chief Community Magistrate
53 Who is eligible for appointment as Chief Community Magistrate A person may be appointed as Chief Community Magistrate if he or she has held a practising certificate as a lawyer for at least 5…
Section 54 — Tenure of Chief Community Magistrate
54 Tenure of Chief Community Magistrate (1) The Chief Community Magistrate holds office for as long as he or she holds office as a Community Magistrate. (2) The Chief Community Magistrate may resign…
Section 55 — Functions of Chief Community Magistrate
55 Functions of Chief Community Magistrate (1) The functions of the Chief Community Magistrate include— (a) taking appropriate steps to ensure that the integrity of the office of Community Magistrate…
Section 56 — Acting Chief Community Magistrate
56 Acting Chief Community Magistrate (1) The Governor-General may, on the advice of the Minister, appoint a Community Magistrate to act in place of the Chief Community Magistrate for any period…
Section 57 — Appointment of acting Community Magistrates
57 Appointment of acting Community Magistrates (1) The Governor-General, on the advice of the Minister, may appoint an acting Community Magistrate. (2) Only a former Community Magistrate is eligible…
Section 58 — Term of appointment of acting Community Magistrate
58 Term of appointment of acting Community Magistrate (1) An acting Community Magistrate may be appointed for a term of not more than 2 years and may be reappointed for 1 or more further terms. (2)…
Section 59 — Acting Community Magistrate must be authorised to act
59 Acting Community Magistrate must be authorised to act (1) An acting Community Magistrate may act only to the extent that he or she is authorised to do so by the Chief District Court Judge. (2)…
Section 60 — Remuneration of Chief Community Magistrate and Community Magistrates
60 Remuneration of Chief Community Magistrate and Community Magistrates (1) The Chief Community Magistrate must be paid, out of public money, without further appropriation than this section,— (a) a…
Section 61 — Remuneration of acting Community Magistrate
61 Remuneration of acting Community Magistrate For the period that an acting Community Magistrate acts as authorised under section 59 , the acting Community Magistrate must be paid the salary, fee,…
Section 62 — Appointment of Registrars, Deputy Registrars, and other officers of court
62 Appointment of Registrars, Deputy Registrars, and other officers of court (1) Registrars, Deputy Registrars, and other officers of the court (other than bailiffs) may be appointed under the State…
Section 63 — Powers of Registrars and Deputy Registrars
63 Powers of Registrars and Deputy Registrars (1) A Registrar has the duties and powers— (a) conferred by this Act, any other enactment, or the rules: (b) necessary or desirable to ensure the…
Section 64 — Registrar must hold record of proceedings
64 Registrar must hold record of proceedings (1) The Registrar must hold such records of, and in relation to, proceedings as the chief executive requires. (2) If the existence of the record of the…
Section 65 — Admissibility of document required to be held by Registrar
65 Admissibility of document required to be held by Registrar (1) This section applies to— (a) a document or part of a document required by the rules to be held by a Registrar; and (b) a copy of or…
Section 66 — Appointment of bailiffs
66 Appointment of bailiffs (1) Bailiffs and deputy bailiffs may be appointed under the State Sector Act 1988 for the exercise of the powers and performance of duties of bailiffs set out in section 68…
Section 67 — Appointment of deputy bailiffs
67 Appointment of deputy bailiffs (1) A Judge may— (a) appoint a deputy to act for a bailiff who is prevented by illness or other cause from acting as bailiff; and (b) in the case of the death of a…
Section 68 — Powers and duties of bailiffs
68 Powers and duties of bailiffs (1) A bailiff has— (a) the powers of a constable: (b) the power to serve a court document or an order: (c) the power to enforce an order of the court: (d) the power…
Section 69 — Powers, etc, of deputy bailiffs
69 Powers, etc, of deputy bailiffs A deputy bailiff, under this Act and any other Act, has the same powers and privileges, must perform the same duties, and is subject to the same penalties and…
Section 70 — Misconduct of officers
70 Misconduct of officers (1) This section applies if an officer of the court is charged with— (a) extortion or misconduct while acting on court business; or (b) failing to account for or pay money…
Section 71 — Officer of court must not act as lawyer in court proceedings
71 Officer of court must not act as lawyer in court proceedings (1) Except as provided by this Act or the rules or by any other enactment, an officer of the court must not directly or indirectly act…
Section 72 — Sessions of court and adjournments
72 Sessions of court and adjournments (1) Subject to a direction by the Chief District Court Judge, a Judge may hold a session of the court at a time and place the Judge thinks fit. (2) Subject to…
Section 73 — Criminal jurisdiction of court
73 Criminal jurisdiction of court The court has the jurisdiction in relation to criminal proceedings conferred by— (a) the Criminal Procedure Act 2011 ; and (b) any other enactment.
Section 74 — General civil jurisdiction
74 General civil jurisdiction (1) The court has jurisdiction to hear and determine a proceeding— (a) in which the amount claimed or the value of the property in dispute does not exceed $350,000: (b)…
Section 75 — Money recoverable by statute
75 Money recoverable by statute (1) The court has jurisdiction to hear and determine a proceeding— (a) for the recovery of any penalty, expenses, costs, contribution, or similar monetary liability…
Section 76 — Jurisdiction in equity
76 Jurisdiction in equity (1) Subject to other provisions in this Act, the court has the same equitable jurisdiction as the High Court. (2) However, the court does not have jurisdiction under…
Section 77 — Jurisdiction in relation to partnerships
77 Jurisdiction in relation to partnerships (1) The court has jurisdiction to hear and determine any proceeding for the dissolution or winding up of any partnership (whether or not the existence of…
Section 78 — Exceptions
78 Exceptions (1) The court does not have jurisdiction to hear and determine the following classes of proceeding: (a) proceedings for the recovery of land (but see section 79(1) (a) ): (b)…
Section 79 — Jurisdiction to recover land in certain cases
79 Jurisdiction to recover land in certain cases (1) Despite section 78(1) (a) , the court has jurisdiction to hear and determine a proceeding for the recovery of land in the situations specified in…
Section 80 — Abandonment of part of claim to give court jurisdiction
80 Abandonment of part of claim to give court jurisdiction (1) This section applies to a proceeding that, apart from this section, the court would not have jurisdiction to hear and determine because…
Section 81 — Extension of jurisdiction by consent
81 Extension of jurisdiction by consent (1) This section applies to a proceeding (including a proceeding in admiralty) that, apart from this section, the court would not have jurisdiction to hear and…
Section 82 — Jurisdiction exclusive of interest
82 Jurisdiction exclusive of interest Interest payable under the Interest on Money Claims Act 2016 included in the amount for which a judgment is given is not to be taken into account for the…