Senior Courts Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Title
1 Title This Act is the Senior Courts Act 2016.
Section Sch1-1 — References to enactments not yet in force
1 References to enactments not yet in force (1) A reference in these rules to an enactment not yet in force ( enactment A ) is, until enactment A comes into force, a reference to the provision that…
Section Sch1-2 — Other transitional provisions applying
2 Other transitional provisions applying (1) Part 2 of Schedule 5 of the Senior Courts Act 2016 contains further provisions about how proceedings that are begun before the Senior Courts Act 2016…
Section Sch1-5.69 — Transfer under section 91 of District Court Act 2016
5.69 Transfer under section 91 of District Court Act 2016 (1) An application under section 91 of the District Court Act 2016 must be by interlocutory application. (2) It must,— (a) if made by the…
Section Sch1-5.74 — Interpretation
5.74 Interpretation In this subpart and in subpart 16, unless the context otherwise requires,— e-file means to file a document electronically (as those concepts are defined in rule 1.3) formal…
Section Sch1-5.75 — Registration procedure
5.75 Registration procedure (1) A lawyer or a firm of lawyers may apply in writing to a Registrar for registration under this subpart. (2) The Registrar must register the applicant as a registered…
Section Sch1-5.76 — Effect of registration
5.76 Effect of registration (1) A registered user may e-file any document that complies with subpart 16. (2) A registered user may file any document in hard copy by physical lodgement (whether or not…
Section Sch1-5.77 — Renewal of registration
5.77 Renewal of registration Registration lasts 36 months and is then renewable.
Section Sch1-5.78 — Requirements for e-filing
5.78 Requirements for e-filing (1) A document may be e-filed if it complies with this rule. (2) An electronic communication sent with a document for e-filing must be authenticated by a current…
Section Sch1-5.79 — Provisional filing
5.79 Provisional filing (1) An e-filed document must be treated as provisionally filed on the date and at the time it enters the information system designated for this purpose in the applicable…
Section Sch1-5.80 — Acceptance of provisionally filed documents
5.80 Acceptance of provisionally filed documents (1) Acceptance of a document by the Registrar or a Deputy Registrar must be recorded by dating and timing that acceptance and endorsing the document…
Section Sch1-5.81 — Affidavits and formal undertakings
5.81 Affidavits and formal undertakings (1) An affidavit or a formal undertaking may be e-filed if the e-filing complies with this rule. (2) If an affidavit or a formal undertaking is being e-filed,…
Section Sch1-1.4A — Transitional, savings, and related provisions
1.4A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
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 — Categories of information for purposes of sections 173 and 174
Schedule 2 Categories of information for purposes of sections 173 and 174 ss 173 , 174 Court information Part A Description of court information Item Category Description 1 Formal court record Any of…
Section 3 — Purposes
3 Purposes (1) The purposes of this Act are to— (a) consolidate in a single statute the provisions of the Judicature Act 1908 and the Supreme Court Act 2003 ; and (b) continue the High Court, the…
Section Sch3-13 — Section 172 of Senior Courts Act 2016 modified
13 Section 172 of Senior Courts Act 2016 modified Section 172 of the Senior Courts Act 2016 applies only in respect of any judgments, decrees, rules, and orders that, being enforceable under that…
Section Sch3-251 — Relationship with Senior Courts Act 2016
251 Relationship with Senior Courts Act 2016 The Senior Courts Act 2016 is subject to sections 247, 248, 249, 250, and 262.
Section Sch3-7 — Removal of summons into Court of Appeal
7 Removal of summons into Court of Appeal An originating summons under section 3 may be removed into the Court of Appeal in the same manner as the matters specified in section 59 of the Senior Courts…
Section 4 — Interpretation
4 Interpretation (1) In this Act, unless the context otherwise requires,— Associate Judge means an Associate Judge of the High Court Chief High Court Judge — (a) means the person holding that office…
Section Sch4 — Consequential amendments relating to new publishing requirements for High Court Rules, etc
Schedule 4 Consequential amendments relating to new publishing requirements for High Court Rules, etc s 183(c) Part 1 Amendments to Acts Accident Compensation Act 2001 (2001 No 49) In section 162(5)…
Section 5 — This Act binds the Crown
5 This Act binds the Crown This Act binds the Crown.
Section Sch5-1 — Application
1 Application Clauses 2 to 6 continue the application of certain provisions of the Supreme Court Act 2003 so far as they are applicable.
Section Sch5-10 — Proceedings, etc, continue under relevant Act
10 Proceedings, etc, continue under relevant Act (1) All proceedings pending or in progress in a court operating under the relevant Act immediately before the commencement of this clause may be…
Section Sch5-11 — Proceedings subject to former High Court Rules
11 Proceedings subject to former High Court Rules (1) In this clause, former High Court Rules 2016 means the High Court Rules 2016 as in force immediately before 1 March 2017. (2) A proceeding that…
Section Sch5-12 — Continued effect of transitional provisions in former High Court Rules
12 Continued effect of transitional provisions in former High Court Rules (1) The repeal of the Judicature Act 1908 does not affect the operation of the transitional provisions in— (a) rule 9 of the…
Section Sch5-2 — Imperial enactments ceasing to have effect in New Zealand
2 Imperial enactments ceasing to have effect in New Zealand On 1 January 2004, the following Imperial enactments ceased to have effect as part of the law of New Zealand: (a) the Imperial enactments…
Section Sch5-3 — Privy Council may still determine appeals in certain existing proceedings
3 Privy Council may still determine appeals in certain existing proceedings (1) The Privy Council may hear and determine, or continue to hear and determine,— (a) an appeal against a final judgment of…
Section Sch5-4 — Limitation on right to appeal to Supreme Court in certain existing proceedings
4 Limitation on right to appeal to Supreme Court in certain existing proceedings (1) This subclause applies to a decision if— (a) it was made by any New Zealand court before 1 January 2004; or (b) it…
Section Sch5-5 — Transitional effect of sections 42 and 49 of Supreme Court Act 2003
5 Transitional effect of sections 42 and 49 of Supreme Court Act 2003 (1) The following applications must be determined as if sections 42 and 49 of the Supreme Court Act 2003 had not been enacted:…
Section Sch5-6 — No new rights of appeal against decisions made before 1 January 2004
6 No new rights of appeal against decisions made before 1 January 2004 (1) A person does not have a right to appeal to a particular New Zealand court or the Privy Council on any grounds against a…
Section Sch5-7 — Interpretation
7 Interpretation In this Part, unless the context otherwise requires,— judicial officer means a Judge, an acting Judge, a Registrar, or a Deputy Registrar of a senior court proceedings includes…
Section Sch5-8 — Judicial officers to continue in office
8 Judicial officers to continue in office (1) This clause applies to every person who is a judicial officer under the relevant Act immediately before the commencement of this clause. (2) A judicial…
Section Sch5-9 — Other officers of court to continue in office
9 Other officers of court to continue in office (1) This clause applies to every person who is an officer of a court (other than a judicial officer as defined in clause 7 ) under the relevant Act…
Section 6 — High Court continued
6 High Court continued (1) There continues to be a High Court of New Zealand. (2) The High Court consists of— (a) the Chief Justice of New Zealand; and (b) the other High Court Judges who are from…
Section 7 — Number of High Court Judges
7 Number of High Court Judges (1) The number of High Court Judges appointed from time to time referred to in section 6(2) (b) may not exceed 55. (2) For the purposes of subsection (1),— (a) a…
Section 8 — Seal
8 Seal (1) The High Court must have a seal, and the Registrar of the court is responsible for the seal. (2) The seal must be used for sealing judgments, orders, certificates, and any other document…
Section 9 — Powers of High Court to be exercised by High Court Judges
9 Powers of High Court to be exercised by High Court Judges (1) The powers of the High Court may be exercised in any part of New Zealand by a High Court Judge or 2 or more High Court Judges. (2)…
Section 10 — Sessions of High Court and adjournments
10 Sessions of High Court and adjournments (1) A High Court Judge may hold a session of the High Court at any time and place the Judge thinks fit. (2) A High Court Judge may adjourn a session of the…
Section 11 — Court offices
11 Court offices (1) The Governor-General may, by notice in the Gazette , declare that an office of the High Court is established at a place and on and after a date stated in the notice. (2) The…
Section 12 — Jurisdiction of High Court
12 Jurisdiction of High Court The High Court has— (a) the jurisdiction that it had on the commencement of this Act; and (b) the judicial jurisdiction that may be necessary to administer the laws of…
Section 13 — Power to award damages as well as, or in substitution for, injunction or specific performance
13 Power to award damages as well as, or in substitution for, injunction or specific performance The High Court may award damages in addition to or in substitution for an injunction or specific…
Section 14 — Jurisdiction in relation to persons who lack competence to manage their affairs
14 Jurisdiction in relation to persons who lack competence to manage their affairs (1) The High Court has jurisdiction and control in relation to— (a) mentally impaired persons who, in the opinion of…
Section 15 — When civil proceeding to be tried before Judge alone
15 When civil proceeding to be tried before Judge alone (1) A civil proceeding must be tried before a High Court Judge sitting alone. (2) This section is subject to section 16 . Compare: 1908 No 89 s…
Section 16 — Certain civil proceedings may be tried by High Court Judge with jury
16 Certain civil proceedings may be tried by High Court Judge with jury (1) Any party to a proceeding for defamation, false imprisonment, or malicious prosecution may, on giving notice in accordance…
Section 17 — Question of foreign law must be decided by High Court Judge
17 Question of foreign law must be decided by High Court Judge (1) A question about the effect of evidence of a foreign law that arises in a civil or criminal proceeding that is tried by a High Court…
Section 18 — Proceedings in place of writs
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…
Section 19 — Panels
19 Panels (1) The commercial panel of the High Court from which Judges may be selected to hear and determine commercial proceedings is established and may operate subject to this section. (2) The…
Section 20 — Associate Judge may exercise certain powers of High Court
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…
Section 21 — Ancillary powers of Associate Judge
21 Ancillary powers of Associate Judge (1) An Associate Judge has, in relation to a proceeding (including a proceeding on an interlocutory application) that is properly before the Associate Judge,…