Senior Courts Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 72 — Procedural requirements
72 Procedural requirements Sections 68 to 71 are subject to— (a) this Act; and (b) all applicable rules, orders, and directions for regulating the terms and conditions on which appeals may be…
Section 73 — Appeals to be by leave
73 Appeals to be by leave (1) Appeals to the Supreme Court may be heard only with the court’s leave. (2) A reference in an enactment other than this Act to the leave of the Supreme Court must be read…
Section 74 — Criteria for leave to appeal
74 Criteria for leave to appeal (1) The Supreme Court must not give leave to appeal to it unless it is satisfied that it is necessary in the interests of justice for the court to hear and determine…
Section 75 — No direct appeal from court other than Court of Appeal unless exceptional circumstances established
75 No direct appeal from court other than Court of Appeal unless exceptional circumstances established The Supreme Court must not give leave to appeal directly to it against a decision made, a…
Section 76 — Applications for leave
76 Applications for leave (1) The parties to an application for leave to appeal to the Supreme Court may make written submissions to the court, and may include in the submissions— (a) additional…
Section 77 — Court to state reasons for refusal to give leave
77 Court to state reasons for refusal to give leave (1) The Supreme Court must state its reasons for refusing to give leave to appeal to it. (2) The reasons may be stated— (a) briefly; and (b) in…
Section 78 — Appeals to proceed by way of rehearing
78 Appeals to proceed by way of rehearing Appeals to the Supreme Court proceed by way of rehearing. Compare: 2003 No 53 s 24
Section 79 — General powers
79 General powers (1) On an appeal in a proceeding that has been heard in a New Zealand court, the Supreme Court— (a) may make any order or grant any relief that could have been made or granted by…
Section 80 — Power to remit proceeding
80 Power to remit proceeding The Supreme Court may remit a proceeding that began in any New Zealand court to a New Zealand court that has jurisdiction to deal with it. Compare: 2003 No 53 s 26
Section 81 — Exercise of powers of court
81 Exercise of powers of court (1) For the purposes of the hearing and determination of a proceeding, the Supreme Court comprises 5 Judges of the court. (2) Two or more permanent Judges of the…
Section 82 — Orders and directions on interlocutory applications may be made or given by 1 Judge
82 Orders and directions on interlocutory applications may be made or given by 1 Judge (1) In a proceeding before the Supreme Court, a permanent Judge of the court may, on an interlocutory…
Section 83 — Presiding Judge
83 Presiding Judge (1) The Chief Justice presides over the Supreme Court. (2) If the Chief Justice is absent, or the office of Chief Justice is vacant, the most senior available Judge of the Supreme…
Section 84 — Procedure if Judges absent
84 Procedure if Judges absent (1) This section applies if, because of the death or unavailability of 1 or 2 of the Judges of the Supreme Court who are about to begin or have begun hearing a…
Section 85 — Judgment of Supreme Court
85 Judgment of Supreme Court (1) The judgment of the Supreme Court must be in accordance with the opinion of a majority of the Judges hearing the proceeding concerned. (2) If the Judges are equally…
Section 86 — Decisions of Supreme Court may be enforced by High Court
86 Decisions of Supreme Court may be enforced by High Court A judgment, decree, or order of the Supreme Court may be enforced by the High Court as if it had been given or made by the High Court.…
Section 87 — Appointment of Registrar, Deputy Registrar, and other officers of Supreme Court
87 Appointment of Registrar, Deputy Registrar, and other officers of Supreme Court (1) A Registrar of the Supreme Court must be appointed under the State Sector Act 1988 . (2) There may also be…
Section 88 — Powers of Registrar
88 Powers of Registrar The Registrar, Deputy Registrars, and other officers of the Supreme Court have the powers and duties conferred or imposed by this Act, rules made under section 148 , or any…
Section 89 — Head of New Zealand judiciary
89 Head of New Zealand judiciary The Chief Justice is the head of the New Zealand judiciary. Compare: 2003 No 53 s 18(1)
Section 90 — Head of Supreme Court
90 Head of Supreme Court (1) The Chief Justice is the head of the Supreme Court and is responsible for ensuring the orderly and efficient conduct of the Supreme Court’s business. (2) The Chief…
Section 91 — Head of Court of Appeal
91 Head of Court of Appeal (1) The President of the Court of Appeal is the head of the Court of Appeal and is responsible to the Chief Justice for ensuring the orderly and efficient conduct of the…
Section 92 — Head of High Court
92 Head of High Court (1) The Chief High Court Judge is the head of the High Court and is responsible to the Chief Justice for ensuring the orderly and efficient conduct of the High Court’s business.…
Section 93 — Attorney-General to publish information concerning judicial appointment process
93 Attorney-General to publish information concerning judicial appointment process The Attorney-General must publish information explaining his or her process for— (a) seeking expressions of interest…
Section 94 — Eligibility for appointment as Judge or Associate Judge
94 Eligibility for appointment as Judge or Associate Judge A person may only be appointed a Judge or an Associate Judge if— (a) that person has, for at least 7 years, held a New Zealand practising…
Section 95 — Eligibility for appointment as Court of Appeal Judge
95 Eligibility for appointment as Court of Appeal Judge A person may only be appointed a Court of Appeal Judge if that person is— (a) a High Court Judge; or (b) appointed a High Court Judge at the…
Section 96 — Eligibility for appointment as Supreme Court Judge
96 Eligibility for appointment as Supreme Court Judge A person may only be appointed a Supreme Court Judge if that person is— (a) a Court of Appeal Judge; or (b) a High Court Judge; or (c) appointed…
Section 97 — Eligibility for appointment as Chief High Court Judge
97 Eligibility for appointment as Chief High Court Judge A person may only be appointed the Chief High Court Judge if that person— (a) is— (i) a High Court Judge; or (ii) appointed a High Court Judge…
Section 98 — Eligibility for appointment as President of Court of Appeal
98 Eligibility for appointment as President of Court of Appeal (1) A person may only be appointed the President of the Court of Appeal if that person is— (a) a High Court Judge; or (b) appointed a…
Section 99 — Eligibility for appointment as Chief Justice
99 Eligibility for appointment as Chief Justice (1) A person may only be appointed the Chief Justice if that person is— (a) a High Court Judge; or (b) appointed a High Court Judge at the same time as…
Section 100 — Judges appointed by Governor-General
100 Judges appointed by Governor-General (1) A Judge is appointed by the Governor-General in the name and on behalf of Her Majesty. (2) The Chief Justice is appointed on the recommendation of the…
Section 101 — Appointment as permanent Judge
101 Appointment as permanent Judge (1) A Judge is appointed as a permanent Judge of a court unless the Judge is appointed as an acting Judge. (2) An Associate Judge is appointed as a permanent…
Section 102 — High Court Judge or Associate Judge may not hold lower judicial office
102 High Court Judge or Associate Judge may not hold lower judicial office (1) When a person who is a District Court Judge is appointed a High Court Judge or an Associate Judge, that person ceases to…
Section 103 — Court of Appeal Judge continues as Judge of High Court
103 Court of Appeal Judge continues as Judge of High Court When a person who is a Judge of the High Court is appointed a Judge of the Court of Appeal, that person continues to be a Judge of the High…
Section 104 — Supreme Court Judge continues as Judge of High Court but no other court
104 Supreme Court Judge continues as Judge of High Court but no other court (1) When a person who is a Judge of the High Court is appointed a Supreme Court Judge, that person— (a) continues to be a…
Section 105 — Terms and conditions of appointment not to be changed without consent
105 Terms and conditions of appointment not to be changed without consent (1) No changes may be made to the terms and conditions of a Judge’s appointment without the Judge’s consent. (2) No changes…
Section 106 — Attorney-General may authorise Judges to sit part-time
106 Attorney-General may authorise Judges to sit part-time (1) Judges (other than Supreme Court Judges) and Associate Judges may seek the authorisation of the Attorney-General to sit part-time for a…
Section 107 — Acting Chief Justice
107 Acting Chief Justice (1) During any period that the office of the Chief Justice is vacant, the most senior available Judge of the Supreme Court is authorised to act as Chief Justice. (2) During…
Section 108 — Acting President of Court of Appeal
108 Acting President of Court of Appeal (1) During any period that the office of the President of the Court of Appeal is vacant, the most senior available Judge of the Court of Appeal is authorised…
Section 109 — Acting Chief High Court Judge
109 Acting Chief High Court Judge (1) During any period that the office of the Chief High Court Judge is vacant, the most senior available Judge of the High Court is authorised to act as Chief High…
Section 110 — Appointment of acting Judges of Supreme Court by Chief Justice
110 Appointment of acting Judges of Supreme Court by Chief Justice (1) The Chief Justice, in consultation with the President of the Court of Appeal, may appoint a Court of Appeal Judge as an acting…
Section 111 — Appointment of acting Judges of Supreme Court by Governor-General
111 Appointment of acting Judges of Supreme Court by Governor-General (1) The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges of the Supreme Court. (2) A…
Section 112 — Appointment of acting Judges of Court of Appeal
112 Appointment of acting Judges of Court of Appeal (1) The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges of the Court of Appeal. (2) A person under the…
Section 113 — Appointment of acting Judges of High Court
113 Appointment of acting Judges of High Court (1) The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges of the High Court. (2) A person under the age of 75…
Section 114 — Appointment of acting Associate Judges
114 Appointment of acting Associate Judges (1) The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Associate Judges. (2) A person is eligible for appointment…
Section 115 — Requirements before Attorney-General gives advice on appointment of acting Judge
115 Requirements before Attorney-General gives advice on appointment of acting Judge (1) Before advising the Governor-General to make an appointment under any of sections 111 to 114 , the…
Section 116 — Term of appointment of acting Judges appointed by Governor-General
116 Term of appointment of acting Judges appointed by Governor-General (1) An appointment under any of sections 111 to 114 must be for a specified term that— (a) is not more than the time until the…
Section 117 — Term of appointment of acting Associate Judges
117 Term of appointment of acting Associate Judges (1) An appointment under section 114 must be for a specified term that— (a) is not more than the time until the Associate Judge will reach the age…
Section 118 — Jurisdiction, powers, protections, etc, of acting Judges
118 Jurisdiction, powers, protections, etc, of acting Judges (1) An acting Judge, while acting to the extent authorised as a member of a court, has the jurisdiction, powers, protections, privileges,…
Section 119 — Conclusive proof of authority to act
119 Conclusive proof of authority to act The fact that an acting Judge or acting Associate Judge does the following is conclusive proof of the Judge’s authority to do so: (a) performs or exercises…
Section 120 — Chief Justice most senior Judge
120 Chief Justice most senior Judge The Chief Justice is senior to all other Judges. Compare: 2003 No 53 s 18(1)
Section 121 — Seniority of Supreme Court Judges
121 Seniority of Supreme Court Judges (1) Supreme Court Judges are senior to— (a) Court of Appeal Judges; and (b) High Court Judges who are not Supreme Court Judges. (2) Supreme Court Judges (other…