Senior Courts Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 122 — Seniority of Court of Appeal Judges
122 Seniority of Court of Appeal Judges (1) Court of Appeal Judges are senior to High Court Judges. (2) The President of the Court of Appeal is senior to all other Court of Appeal Judges. (3) Court…
Section 123 — Seniority of High Court Judges
123 Seniority of High Court Judges (1) High Court Judges are senior to— (a) Associate Judges; and (b) District Court Judges. (2) Among the High Court Judges who are not Supreme Court Judges or Court…
Section 124 — Permanent Judges senior to acting Judges
124 Permanent Judges senior to acting Judges A permanent Judge of a court is senior to an acting Judge of the same court. Compare: 1908 No 89 s 4(3A) ; 2003 No 53 s 18(5)
Section 125 — Seniority of acting Judges
125 Seniority of acting Judges Acting Judges of a court have among themselves the seniority they would have if they were permanent Judges of that court.
Section 126 — Seniority of Associate Judges
126 Seniority of Associate Judges (1) Associate Judges are senior to each other in order of date of appointment. (2) If 2 or more Associate Judges have the same date of appointment, then seniority…
Section 127 — Tenure of Chief Justice
127 Tenure of Chief Justice The Chief Justice continues to hold the office of Chief Justice until the earliest of the following: (a) the Chief Justice resigns from that office: (b) the Chief Justice…
Section 128 — Tenure of President of Court of Appeal
128 Tenure of President of Court of Appeal The President of the Court of Appeal continues to hold the office of President of the Court of Appeal until the earliest of the following: (a) the President…
Section 129 — Tenure of Chief High Court Judge
129 Tenure of Chief High Court Judge The Chief High Court Judge continues to hold the office of Chief High Court Judge until the earliest of the following: (a) the Judge is appointed a Supreme Court…
Section 130 — Tenure of Supreme Court Judges, Court of Appeal Judges, High Court Judges, and Associate Judges
130 Tenure of Supreme Court Judges, Court of Appeal Judges, High Court Judges, and Associate Judges (1) A Supreme Court Judge (other than the Chief Justice) continues to hold the office of Supreme…
Section 131 — Resignation
131 Resignation (1) A Judge may at any time, by written notice to the Attorney-General,— (a) resign from office as a High Court Judge; or (b) resign from any of the following offices without…
Section 132 — Governor-General must approve certain resignations
132 Governor-General must approve certain resignations Before written notice is given to the Attorney-General under section 131(1) , the approval of the Governor-General is required if— (a) the Chief…
Section 133 — Judges to retire at 70 years
133 Judges to retire at 70 years (1) Every Judge must retire on attaining the age of 70 years, but may be appointed an acting Judge. (2) Every Associate Judge must retire on attaining the age of 70…
Section 134 — Removal from office
134 Removal from office (1) A High Court Judge may be removed from office only in accordance with section 23 of the Constitution Act 1986. (2) The Governor-General may, if the Governor-General thinks…
Section 135 — Salaries and allowances of permanent Judges and Associate Judges
135 Salaries and allowances of permanent Judges and Associate Judges Permanent Judges and Associate Judges must be paid, out of public money, without further appropriation than this section,— (a)…
Section 136 — Salaries and allowances of part-time Judges
136 Salaries and allowances of part-time Judges The salary and allowances payable for a period during which a Judge or an Associate Judge acts on a part-time basis must be calculated and paid as a…
Section 137 — Salaries and allowances of acting Judges
137 Salaries and allowances of acting Judges An acting Judge or acting Associate Judge, while acting as a member of a court to the extent authorised, but not otherwise, must be paid, out of public…
Section 138 — Superannuation of acting Judges
138 Superannuation of acting Judges (1) A superannuation subsidy must not be paid to a person who is appointed as an acting Judge or acting Associate Judge under section 111 , 112 , 113(2) (a) , or…
Section 139 — Superannuation or retiring allowances of Associate Judges
139 Superannuation or retiring allowances of Associate Judges For the purpose of providing a superannuation fund or retiring allowance for persons appointed as Associate Judges, sums by way of…
Section 140 — Higher duties allowance
140 Higher duties allowance (1) In addition to the payments specified in sections 135 to 139 , a higher duties allowance calculated in accordance with subsection (2) is— (a) payable to a High Court…
Section 141 — Salary of Judge not to be reduced
141 Salary of Judge not to be reduced (1) As provided in section 24 of the Constitution Act 1986, the salary of a Judge or an Associate Judge must not be reduced during the continuance of the Judge’s…
Section 142 — Judge not to undertake other employment or hold other office
142 Judge not to undertake other employment or hold other office (1) A Judge or an Associate Judge must not undertake any other paid employment or hold any other office (whether paid or not) without…
Section 143 — Protocol relating to activities of Judges
143 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…
Section 144 — Judge not to practise as lawyer
144 Judge not to practise as lawyer (1) A Judge must not practise as a lawyer. (2) In subsection (1), Judge includes— (a) an acting Judge; and (b) an Associate Judge; and (c) an acting Associate…
Section 145 — Purpose of rules of practice and procedure
145 Purpose of rules of practice and procedure The purpose of rules of practice and procedure is to facilitate— (a) the just, speedy, and inexpensive dispatch of the business of the High Court, the…
Section 146 — High Court Rules
146 High Court Rules (1) The practice and procedure of the High Court in all civil proceedings is regulated by the High Court Rules. (2) The High Court Rules are subject to any other rules that are…
Section 147 — High Court Rules part of Act
147 High Court Rules part of Act (1) The High Court Rules set out in Schedule 2 of the Judicature Act 1908 as at the date that this Act receives the Royal assent continue in force and those rules, as…
Section 148 — Rules of practice and procedure generally
148 Rules of practice and procedure generally (1) The Governor-General may, by Order in Council, make rules of practice and procedure for each of the senior courts relating to the purpose stated in…
Section 149 — Rules of practice and procedure of High Court
149 Rules of practice and procedure of High Court Without limiting the matters on which rules may be made under section 148 , rules may be made under that section in relation to the practice and…
Section 150 — Rules of practice and procedure of Court of Appeal and Supreme Court
150 Rules of practice and procedure of Court of Appeal and Supreme Court Without limiting the matters on which rules may be made under section 148 , rules may be made under that section in relation…
Section 151 — Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars
151 Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars (1) Rules may be made under section 148 — (a) conferring on a Registrar or Deputy…
Section 152 — Rules of practice and procedure under other Acts
152 Rules of practice and procedure under other Acts The power to make rules of practice and procedure in relation to civil proceedings in the High Court, the Court of Appeal, or the Supreme Court…
Section 153 — Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court
153 Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court (1) Despite anything to the contrary in any Act, rules may be made under section 148 prescribing the…
Section 154 — Publication of High Court Rules under Legislation Act 2012
154 Publication of High Court Rules under Legislation Act 2012 (1) The High Court Rules and reprints of those rules must be published under the Legislation Act 2012 , as the High Court Rules 2016 ,…
Section 155 — Rules Committee
155 Rules Committee (1) For the purposes of this Act, the District Court Act 2016 , the Criminal Procedure Act 2011 , and any other relevant Act, there continues to be a Rules Committee consisting…
Section 156 — Regulations
156 Regulations (1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: (a) prescribing the applications, matters, and proceedings for which fees…
Section 157 — Regulations providing for waiver, etc, of fees
157 Regulations providing for waiver, etc, of fees (1) In order to promote access to justice, the Governor-General may, by Order in Council, make regulations authorising a Registrar or Deputy…
Section 158 — Postponement of fees
158 Postponement of fees (1) The Governor-General may, by Order in Council, make regulations authorising a Registrar or Deputy Registrar to postpone the payment of a fee pending the determination of—…
Section 159 — Manner in which section 157 or 158 applications to be made
159 Manner in which section 157 or 158 applications to be made Regulations made under section 156 may provide for the manner in which an application for the exercise of a power specified in section…
Section 160 — Review of Registrar’s decision concerning fees
160 Review of Registrar’s decision concerning fees (1) A person who disagrees with a decision of a Registrar or Deputy Registrar under regulations made under section 157(1) may apply to a Judge or an…
Section 161 — Judge or Registrar may waive certain fees
161 Judge or Registrar may waive certain fees A Judge or Registrar of a senior court may, subject to any terms or conditions that the Judge or Registrar thinks fit, waive the payment of a fee…
Section 162 — Jurisdiction of court to award costs in all cases
162 Jurisdiction of court to award costs in all cases (1) If any Act confers jurisdiction on the High Court or a Judge of the High Court for the purpose of any civil proceedings or any criminal…
Section 163 — Court of Appeal and Supreme Court may appoint technical advisers
163 Court of Appeal and Supreme Court may appoint technical advisers (1) The Court of Appeal or the Supreme Court may appoint a suitably qualified person (a technical adviser ) to assist it by giving…
Section 164 — Appointment and other matters
164 Appointment and other matters (1) A technical adviser may be appointed by the court under section 163 on— (a) its own initiative; or (b) the application of a party to the proceeding. (2) A…
Section 165 — Contempt of court
165 Contempt of court (1) This section applies if any person— (a) wilfully insults a judicial officer, Registrar, officer of the court, or any juror, or any witness during his or her sitting or…
Section 166 — Judge may make order restricting commencement or continuation of proceeding
166 Judge may make order restricting commencement or continuation of proceeding (1) A Judge of the High Court may make an order restricting a person from commencing or continuing a civil proceeding.…
Section 167 — Grounds for making section 166 order
167 Grounds for making section 166 order (1) A Judge may make a limited order under section 166 if, in civil proceedings about the same matter in any court or tribunal, the Judge considers that at…
Section 168 — Terms of section 166 order
168 Terms of section 166 order (1) An order made under section 166 may restrain a party from commencing or continuing any proceeding (whether generally or against any particular person or persons) of…
Section 169 — Procedure and appeals relating to section 166 orders
169 Procedure and appeals relating to section 166 orders (1) A party to any proceeding may apply for a limited order or an extended order. (2) Only the Attorney-General may apply for a general order.…
Section 170 — Reserved judgments
170 Reserved judgments (1) The Chief High Court Judge must, in consultation with the Chief Justice,— (a) publish information about the process by which parties to proceedings before the High Court…
Section 171 — Recusal guidelines
171 Recusal guidelines (1) The Chief High Court Judge and the President of the Court of Appeal must, in consultation with the Chief Justice, develop and publish guidelines for their respective courts…