Senior Courts Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 22 — Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers
22 Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers (1) Rules made under section 148 and rules made under any other Act in the manner provided in…
Section 23 — Application of provisions relating to witnesses and contempt
23 Application of provisions relating to witnesses and contempt Sections 42 , 43 , and 165 (which relate to the power to deal with witnesses and contempt) apply to a proceeding before an Associate…
Section 24 — No power to order committal, attachment, or arrest
24 No power to order committal, attachment, or arrest (1) An Associate Judge does not have power to make an order for the committal, attachment, or arrest of a person. (2) This section is subject to…
Section 25 — Power to act as referee
25 Power to act as referee An Associate Judge may act as a referee under the High Court Rules in a proceeding or on a question that arises in a proceeding. Compare: 1908 No 89 s 26M
Section 26 — Transfer of proceeding to High Court Judge
26 Transfer of proceeding to High Court Judge (1) An Associate Judge may, on the application of a party to a proceeding before the Associate Judge or on the Associate Judge’s own initiative, refer…
Section 27 — Appeals against decisions of Associate Judges
27 Appeals against decisions of Associate Judges (1) A party to any proceedings may appeal to the Court of Appeal against any order or decision of an Associate Judge in those proceedings. (2) Section…
Section 28 — Immunity of Associate Judges
28 Immunity of Associate Judges Every Associate Judge has the same immunities as a Judge of the High Court. Compare: 1908 No 89 s 26Q
Section 29 — Jurisdiction of High Court Judges not affected
29 Jurisdiction of High Court Judges not affected Nothing in this Act or the High Court Rules prevents the exercise by a High Court Judge of the jurisdiction and powers conferred on an Associate…
Section 30 — Power to appoint Commissioners
30 Power to appoint Commissioners (1) A High Court Judge may appoint a person to be a Commissioner of the High Court to administer and take an oath, affidavit, or affirmation outside New Zealand in…
Section 31 — Effect of oath, affidavit, or affirmation
31 Effect of oath, affidavit, or affirmation An oath, affidavit, or affirmation administered or taken by a Commissioner has the same effect as if it had been administered or taken by a person…
Section 32 — Revocation of commission
32 Revocation of commission (1) A High Court Judge may revoke a commission for any reason the Judge considers sufficient. (2) Revocation of a commission does not affect the validity of anything done…
Section 33 — Appointment of Registrars, Deputy Registrars, and other officers of High Court
33 Appointment of Registrars, Deputy Registrars, and other officers of High Court Registrars, Deputy Registrars, and other officers may be appointed under the State Sector Act 1988 for the conduct of…
Section 34 — Powers of Registrars
34 Powers of Registrars (1) A Registrar has the duties and powers— (a) conferred by this Act, any other enactment, or the High Court Rules: (b) necessary or desirable to ensure the efficient and…
Section 35 — Sheriffs
35 Sheriffs (1) A Registrar is also a Sheriff for New Zealand. (2) Deputy Sheriffs may be appointed under the State Sector Act 1988 for offices of the High Court. (3) In the absence of the Sheriff or…
Section 36 — Powers of Sheriffs
36 Powers of Sheriffs A Sheriff has— (a) the power to enforce an order of the High Court: (b) the power to serve a process of the High Court: (c) the power to arrest a person in accordance with an…
Section 37 — Sheriff not to act as lawyer or agent
37 Sheriff not to act as lawyer or agent No Sheriff may be in any way concerned in any action in any court in New Zealand either as a lawyer or as an agent. Compare: 1908 No 89 s 34
Section 38 — Service of process when Sheriff disqualified
38 Service of process when Sheriff disqualified (1) If the Sheriff is disqualified by law from executing any process that has been issued, the court must authorise a fit person to execute the…
Section 39 — Persons arrested by Sheriffs may be committed to prison at once
39 Persons arrested by Sheriffs may be committed to prison at once A Sheriff, Sheriff’s officer, bailiff, or any other person employed to assist the Sheriff who arrests any person under or by virtue…
Section 40 — Arrest of defendant about to leave New Zealand
40 Arrest of defendant about to leave New Zealand (1) A Judge may, on the application of a plaintiff in a proceeding to recover an amount of money, issue a warrant to arrest a defendant in the…
Section 41 — Witness not required to attend hearing of civil proceeding unless allowances and expenses paid
41 Witness not required to attend hearing of civil proceeding unless allowances and expenses paid A witness is not required to attend the hearing of a civil proceeding in the High Court unless…
Section 42 — Failure of witness to attend
42 Failure of witness to attend (1) The High Court may, in civil proceedings, issue a warrant to arrest and bring before the court a witness who— (a) is compellable to attend the court to give…
Section 43 — Refusal to give evidence
43 Refusal to give evidence (1) This section applies to a witness in a civil proceeding who, without reasonable excuse,— (a) refuses to give evidence when required; or (b) refuses to produce a…
Section 44 — High Court may require person to undergo medical examination
44 High Court may require person to undergo medical examination (1) The High Court may order a party to a civil proceeding to undergo a medical examination by a registered medical practitioner at a…
Section 45 — Court of Appeal continued
45 Court of Appeal continued (1) There continues to be a Court of Appeal of New Zealand. (2) The Court of Appeal consists of— (a) a Judge of the High Court appointed by the Governor-General as a…
Section 46 — Seal
46 Seal (1) The Court of Appeal 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…
Section 47 — Court of Appeal to sit in divisions
47 Court of Appeal to sit in divisions (1) For the purposes of proceedings in the Court of Appeal, the Court of Appeal sits in divisions comprising 3 Judges. (2) Each division may exercise all the…
Section 48 — Composition of divisions
48 Composition of divisions (1) For the purposes of a proceeding that is heard by a division, the Court of Appeal comprises— (a) 3 Judges of the Court of Appeal holding office under section 45(2) or…
Section 49 — Powers exercisable by Judges
49 Powers exercisable by Judges (1) This section applies to all proceedings before the Court of Appeal other than proceedings under the Criminal Procedure Act 2011 . (2) Any 2 or more Judges of the…
Section 50 — Court of Appeal to sit as full court in certain cases
50 Court of Appeal to sit as full court in certain cases (1) The Court of Appeal must sit as a full court to hear and determine— (a) cases that are considered, in accordance with the procedure…
Section 51 — Cases of sufficient significance for full court
51 Cases of sufficient significance for full court (1) The question whether a case is of sufficient significance to warrant the consideration of a full court must be determined in accordance with the…
Section 52 — Authority of High Court Judges to act as Judges of Court of Appeal
52 Authority of High Court Judges to act as Judges of Court of Appeal (1) The fact that a High Court Judge acts as a Judge of the Court of Appeal is conclusive evidence of the Judge’s authority to do…
Section 53 — Judgment of Court of Appeal
53 Judgment of Court of Appeal (1) The judgment of the Court of Appeal must be in accordance with the opinion of a majority of the Judges hearing the proceeding. (2) If the Judges are equally…
Section 54 — Sessions of Court of Appeal
54 Sessions of Court of Appeal (1) The President of the Court of Appeal presides at a session of the court at which he or she is present. (2) If the President is not present, the senior Judge of the…
Section 55 — Adjournments
55 Adjournments (1) The Court of Appeal may adjourn a session of the court to a time and place appointed by the court. (2) One or more Judges of the Court of Appeal may adjourn a session of the Court…
Section 56 — Jurisdiction
56 Jurisdiction (1) The Court of Appeal may hear and determine appeals— (a) from a judgment, decree, or order of the High Court: (b) under the Criminal Procedure Act 2011 : (c) from any court or…
Section 57 — Court of Appeal may remit proceeding to High Court
57 Court of Appeal may remit proceeding to High Court The Court of Appeal may— (a) remit a proceeding to the High Court; or (b) order a new trial in the High Court of a civil or criminal proceeding…
Section 58 — Judgment of Court of Appeal may be enforced by High Court
58 Judgment of Court of Appeal may be enforced by High Court A judgment, an order, or a decree of the Court of Appeal may be enforced by the High Court as if it had been given or made by the High…
Section 59 — Transfer of civil proceeding from High Court to Court of Appeal
59 Transfer of civil proceeding from High Court to Court of Appeal (1) A party to a civil proceeding in the High Court may apply for an order transferring the proceeding to the Court of Appeal. (2)…
Section 60 — Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court
60 Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court (1) The decision of the High Court on appeal from the District Court, the Family Court, or the…
Section 61 — Reasons for granting or refusing leave to appeal
61 Reasons for granting or refusing leave to appeal (1) The Court of Appeal may, but does not have to, give reasons for granting leave to appeal to the Court of Appeal. (2) The Court of Appeal must…
Section 62 — Procedure if Judges absent
62 Procedure if Judges absent (1) This section applies if, because of the death or unavailability of 1 or 2 of the Judges of the Court of Appeal who are about to begin or have begun hearing a…
Section 63 — Appointment of Registrar, Deputy Registrar, and other officers of Court of Appeal
63 Appointment of Registrar, Deputy Registrar, and other officers of Court of Appeal A Registrar, a Deputy Registrar, and other officers may be appointed under the State Sector Act 1988 for the…
Section 64 — Powers of Registrar and Deputy Registrar
64 Powers of Registrar and Deputy Registrar (1) The Registrar has the powers and duties— (a) conferred by this Act, any other enactment, or rules made under section 148 : (b) necessary or desirable…
Section 65 — Interpretation
65 Interpretation In this subpart, unless the context otherwise requires,— civil proceeding — (a) means a proceeding that is not a criminal proceeding; and (b) includes a proceeding under the Bail…
Section 66 — Supreme Court continued
66 Supreme Court continued (1) There continues to be a Supreme Court of New Zealand for the hearing of appeals in New Zealand on important legal matters, including matters relating to the Treaty of…
Section 67 — Seal
67 Seal (1) The Supreme Court must have a seal, and the Registrar of the Supreme Court is responsible for the seal. (2) The seal must be used for sealing judgments, orders, certificates, and any…
Section 68 — Appeals against decisions of Court of Appeal in civil proceedings
68 Appeals against decisions of Court of Appeal in civil proceedings The Supreme Court may hear and determine an appeal by a party to a civil proceeding in the Court of Appeal against a decision made…
Section 69 — Appeals against decisions of High Court in civil proceedings
69 Appeals against decisions of High Court in civil proceedings The Supreme Court may hear and determine an appeal by a party to a civil proceeding in the High Court against a decision made in the…
Section 70 — Appeals against decisions of other courts in civil proceedings
70 Appeals against decisions of other courts in civil proceedings The Supreme Court may hear and determine an appeal against a decision made in a civil proceeding in a New Zealand court other than…
Section 71 — Appeals against decisions in criminal proceedings
71 Appeals against decisions in criminal proceedings The Supreme Court may hear and determine appeals authorised by— (a) Part 6 of the Criminal Procedure Act 2011; or (b) section 10 or 10A of the…