New Zealand 1852 Constitution (reviewed 2014) - Page 3 of 42

Table of Contents

Part 1. The High Court

A. Constitution of the court

3. Supreme Court reconstituted as High Court

There shall continue to be in and for New Zealand a court of record, for the administration of justice throughout New Zealand, henceforth to be called the High Court of New Zealand.
The High Court is hereby declared to be the same court as that established by this Act, and called, before the commence- ment of section 2 of the Judicature Amendment Act 1979, the Supreme Court.

4. The Judges of the High Court

The High Court consists of—
1. a Judge called the Chief Justice of New Zealand; and
2. the other Judges, up to a maximum of 55, who are from time to time appointed.
For the purposes of subsection (1)(b),—
1. a Judge who is acting on a full-time basis counts as 1:
2. a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
3. the aggregate number (for example, 54.5) must not exceed the maximum number of Judges that is for the time being permitted.
Subsection (1) is subject to subsections (1C) and (1D) and the other provisions of this Act.
An additional Judge or additional Judges may be appointed whenever the Governor-General thinks it necessary because of the absence or anticipated absence of any of the Judges on leave preliminary to retirement.
Every appointment made under subsection (1C) must be a permanent appointment from the time when it is made, and must fill the vacancy next occurring in the office of Judge, not being a vacancy filled by an earlier appointment under subsection (1C).
The Judges of the High Court shall be appointed by the Governor-General in the name and on behalf of Her Majesty.
A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
As between the Judges of the High Court who are not Judges of the Supreme Court or Court of Appeal,—
1. the Chief High Court Judge has seniority over the other Judges:
2. the other Judges have seniority among themselves according to the dates of their appointments as Judges of the High Court:
3. 2 or more of the other Judges appointed as Judges of the High Court on the same date,—
  1. have seniority according to the precedence assigned to them by the Governor-General on appointment; or
  2. if no precedence is assigned to them, according to the order in which they take the Judicial Oath.
Permanent Judges have seniority over temporary Judges.
Subsection (3A) overrides subsection (3).
The jurisdiction of the High Court shall not be affected by any vacancy in the number of the Judges of that court.

4A. Chief High Court Judge

The Governor-General must by warrant appoint a Judge of the High Court who is not a Judge of the Supreme Court or the Court of Appeal to be the Chief High Court Judge.
The Chief High Court Judge holds that office until the earliest of the following:
1. ceasing to hold office as a Judge of the High Court:
2. being appointed a Judge of the Supreme Court or the Court of Appeal:
3. resigning the office of Chief High Court Judge without resigning office as a Judge of the High Court.
The Chief High Court Judge cannot resign the office of Chief High Court Judge without resigning office as a Judge of the High Court, except with the prior approval of the Governor-General.
The Judge of the High Court who is next senior after the Chief High Court Judge may act in place of the Chief High Court Judge if,—
1. because of illness or absence from New Zealand, or for any other reason, the Chief High Court Judge is unable to exercise the duties of that office; or
2. the office of Chief High Court Judge is vacant.
While acting in place of the Chief High Court Judge, the next senior Judge—
1. may perform the functions and duties of the Chief High Court Judge; and
2. may for that purpose exercise all the powers of the Chief High Court Judge.
The fact that the next senior Judge exercises any of the powers of the Chief High Court Judge is conclusive proof of his or her authority to do so.

4B. Functions of Chief High Court Judge

The Chief High Court Judge is responsible to the Chief Justice for ensuring the orderly and prompt conduct of the High Court’s business.
The Chief High Court Judge may make all the arrangements that are necessary for the sittings of the court and the conduct of its business.

4C. Judges of High Court act on full-time basis but may be authorised to act part-time

A person acts as a Judge of the High Court on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 4 or section 4A to act on a part-time basis for any specified period.
To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be made more than once in respect of the same Judge.
The Attorney-General may authorise a Judge to act on a parttime basis only—
1. on the request of the Judge; and
2. with the concurrence of the Chief High Court Judge.
In considering whether to concur under subsection (4), the Chief High Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.
A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).
An authorisation may not be granted under subsection (2) for any person appointed as a Judge of the Court of Appeal or Supreme Court.

5. Senior Judge to act as Chief Justice in certain circumstances

[Repealed]

6. Judges to be barristers or solicitors

No person shall be appointed a Judge unless he has held a practising certificate as a barrister or solicitor for at least 7 years.

7. Commissions of Judges to continue during good behaviour

[Repealed]

8. Judges may be removed or suspended on address of both Houses of Assembly to the Queen

[Repealed]

9. Governor may suspend Judge when Parliament not sitting

[Repealed]

9A. Salaries and allowances of Judges

There shall be paid to the Chief Justice, to the other Judges of the Supreme Court, to the President of the Court of Appeal, to the other Judges of the Court of Appeal, and to the other Judges, out of public money, without further appropriation than this section,—
1. salaries at such rates as the Remuneration Authority from time to time determines; and
2. such allowances as are from time to time determined by the Remuneration Authority; and
3. a higher duties allowance payable and calculated in accordance with subsection (1A); and
4. such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.
The higher duties allowance under subsection (1)(ba) is—
1. payable only to a Judge who—
  1. is or was not a Judge of the Court of Appeal holding office under section 57(2) (in this subsection called a permanent Judge); but
  2. is or was under sections 58A to 58C or section 58F serving as a member of a criminal or civil division, or as a member of the full court, of the Court of Appeal; and
2. payable only in respect of periods of the Judge’s service as a member of the division or full court; and
3. calculated at a rate expressed per day of service as a member of the division or full court in accordance with the following formula:(a − b) × c/d
  where—
  - a is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a permanent Judge
    
    b is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a Judge who is not a permanent Judge
    
    c is 0.0383561 (the standard payroll factor, which represents the proportion of an annual salary that is paid per fortnight)
    
    d is 10 (the number of working days per fortnight).
Subject to the Remuneration Authority Act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
Every such determination, and every provision of any such determination, in respect of which no date is specified as afore- said shall come into force on the date of the making of the determination.
The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position.
For the purpose of section 24 of the Constitution Act 1986, neither the cessation of the payment of a higher duties allowance payable and calculated under subsections (1)(ba) and (1A), nor the payment of salary and allowances on a pro rata basis under subsection (4), is a reduction of salary.

10. Salaries of Judges not to be diminished

[Repealed]

11. Temporary Judges

Subject to section 11B, at any time during the illness or absence of any Judge, or for any other temporary purpose, the Governor-General may, in the name and on behalf of Her Majesty, appoint any person (including a former Judge) to be a Judge for such term, not exceeding 12 months, as the Governor-General may specify.
Any person appointed a Judge under this section may be reappointed, but no Judge shall hold office under this section for more than 2 years in the aggregate.
Every person appointed a Judge under this section shall, during the term of his appointment, be paid the salary and allowances payable by law to a Judge other than the Chief Justice, the other Judges of the Supreme Court, the President of the Court of Appeal, the other Judges of the Court of Appeal, or the Chief High Court Judge.

11A. Former Judges

Subject to section 11B, the Governor-General may, in the name and on behalf of Her Majesty, appoint any former Judge to be an acting Judge for such term not exceeding 2 years or, if the former Judge has attained the age of 72 years, not exceeding 1 year, as the Governor-General may specify.
During the term of his appointment, the former Judge may act as a Judge during such period or periods only and in such place or places only as the Chief High Court Judge may determine.
Every former Judge appointed under this section shall, during each period when he acts as a Judge, but not otherwise, be paid a salary at the rate for the time being payable by law to a Judge other than the Chief Justice or the President of the Court of Appeal or a Judge of the Court of Appeal, and must also be paid the higher duties allowance payable and calculated under section 9A(1)(ba) and (1A) and such travelling allowances or other incidental or minor allowances as may be fixed from time to time by the Governor-General.
Every former Judge appointed under this section shall, during each period when he acts as a Judge, have all the jurisdiction, powers, protections, privileges, and immunities of a Judge.

11B. Certificate by Chief Justice and Chief High Court Judge

No appointment may be made under section 11 or section 11A except on a certificate signed by the Chief Justice and the Chief High Court Judge to the effect that, in their opinion, it is necessary for the due conduct of the court’s business that 1 or more temporary Judges, or (as the case may require) for 1 or more acting Judges, to be appointed.

12. Superannuation allowance of Judges

[Repealed]

13. Age of retirement

Every Judge, other than a former Judge appointed under section 11 or section 11A or a person who is deemed by section 58(10) to be a Judge, shall retire from office on attaining the age of 70 years.

14. Rights on retirement before attaining retiring age

If the Chief Justice or the President of the Court of Appeal resigns from office before attaining the age of 70 years and is, at the time of his or her resignation and but for the fact of his or her resignation, entitled to a period of leave of absence, he or she shall continue to receive the salary, privileges, and allowances of his or her former office until the expiration of that period or until he or she attains the age of 70 years or until he or she dies, whichever is the sooner, and his or her rights and obligations under the Government Superannuation Fund Act 1956 and all the rights which his or her surviving wife, husband, civil union partner, or de facto partner may have under that Act shall be the same as they would have been if he or she had been in office while his or her salary, privileges, and allowances so continued.

15. How superannuation allowances of the existing Judges to be computed

[Repealed]

B. Jurisdiction of the court

16. General jurisdiction

The court shall continue to have all the jurisdiction which it had on the coming into operation of this Act and all judicial jurisdiction which may be necessary to administer the laws of New Zealand.

16A. Power to award damages as well as, or in substitution for, injunction or specific performance

Where the court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.

17. Jurisdiction as to mentally disordered persons, etc

The court shall also have within New Zealand all the jurisdiction and control over the persons and estates of mentally disordered persons, and persons of unsound mind, and over the managers of such persons and estates respectively, as the Lord Chancellor of England, or any Judge or Judges of Her Majesty’s High Court of Justice or of Her Majesty’s Court of Appeal, so far as the same may be applicable to the circumstances of New Zealand, has or have in England under the Sign-manual of Her Majesty or otherwise.

17A. Jurisdiction as to liquidation of associations

In this section, association includes any partnership, company, or other body corporate, or unincorporated body of persons other than—
1. a company or an overseas company, as defined in section 2 of the Companies Act 1993; or
2. [Repealed]
3. a body corporate that may be put into liquidation in accordance with the provisions of any Act under which it is constituted.
The court has jurisdiction to appoint a named person or an Official Assignee for a named district as the liquidator of an association.
An application for the appointment of a liquidator may be made by the association or a director or member or creditor or the Registrar of Companies.
The court may appoint a liquidator if it is satisfied that—
1. the association is dissolved or has ceased to carry on business or is carrying on business solely for the purpose of terminating its affairs; or
2. the association is unable to pay its debts; or
3. it is just and equitable that the association be put into liquidation.

17B. Application of Companies Act 1993

Part 16 of the Companies Act 1993 (except sections 241(1) to (4) and 268) shall apply, with such modifications as may be necessary, in relation to the liquidation of an association and as if references to—

a company registered under that Act included a reference to an association:
a director included references to any person occupying the position of director by whatever name called:
shareholders or persons entitled to surplus assets under the constitution of a company and the Companies Act 1993 were references to such persons as the court may determine to be justly entitled to any surplus assets after the satisfaction of the claims of all the creditors.

17C. Meaning of inability to pay debts

For the purposes of section 17A, an association is unable to pay its debts—

if—
1. a creditor who is owed an amount exceeding $100 by the association has served on the asso- ciation a demand for payment of that amount by leaving it at the principal office of the association in New Zealand, or delivering it to the secretary or a director or manager or principal officer of the association; and
2. the association has for 3 weeks after the demand was served on it failed to pay the amount due or secure the payment of it or compound for it to the satisfaction of the creditor; or
if—
1. an action or proceeding has been commenced against a member of the association for the payment of an amount owing by the association or that member in his or her capacity as a member; and
2. notice in writing of the action or proceeding has been served on the association by leaving it at its principal place of business in New Zealand or by delivering it to the secretary or a director, or principal officer of the association or serving it on the association in such manner as the court may approve or direct; and
3. the association has not, within 10 days after the notice was served on it, paid or secured the debt, or compounded for it or had the action or proceeding stayed or indemnified the member for the amount of any judgment that may be entered against him or her and any costs, damages, and expenses that may be incurred by him or her in the action or proceeding; or
if execution or other process issued on a judgment, decree, or order obtained in a court in favour of a creditor against the association, or a member of the association in his or her capacity as a member, or a person authorised to be sued on behalf of the association, is returned unsatisfied; or
if it is proved to the satisfaction of the High Court that the association is unable to pay its debts, and in determining whether an association is unable to pay its debts, the court shall take into account the contingent and prospective liabilities of the association.

17D. Power of liquidator to enforce liabilities

The liquidator may, by notice in writing, require any person who is liable to pay or contribute to the payment of—

any debt or liability of the association; or
any sum for the adjustment of the rights of the members among themselves; or
the costs and expenses of the liquidation—

to pay or contribute accordingly and every such person is liable to pay or contribute the amount due in respect of that liability.

17E. Actions stayed on liquidation

Where the court appoints a liquidator of an association, no action or proceeding shall be commenced or continued against any person referred to in section 17D in respect of any debt of the association, except with the leave of the court, and subject to such terms as the court may impose.

18. No jurisdiction in cases of felonies or misdemeanours committed prior to 14 January 1840

The court shall not have jurisdiction to try any felony or misdemeanour committed before 14 January 1840.

19. Powers of the court may be exercised by 1 or more Judges

Each Judge or any 2 or more Judges may in any part of New Zealand exercise all the powers of the court, except such powers as may by any statute be required to be exercised by the full court or by any specified number of Judges.
Subsection (1) shall be read subject to the provisions of any enactment that provides for the appointment of persons other than Judges to sit with the court or as members of the court in respect of any specified proceedings or class of proceedings.

19A. Certain civil proceedings may be tried by jury

This section applies to civil proceedings in which the only relief claimed is payment of a debt or pecuniary damages or the recovery of chattels.
If the debt or damages or the value of the chattels claimed in any civil proceedings to which this section applies exceeds $3,000, either party may have the civil proceedings tried before a Judge and a jury on giving notice to the court and to the other party, within the time and in the manner prescribed by the High Court Rules, that he requires the civil proceedings to be tried before a jury.
Notwithstanding anything in subsection (2), in any case where, after notice has been given pursuant to that subsection but before the trial has commenced, the debt or damages or the value of the chattels claimed is reduced to $3,000 or less, the civil proceedings shall be tried before a Judge without a jury.
If, in any civil proceedings to which this section applies, the defendant sets up a counterclaim, then, unless pursuant to this section the civil proceedings and the counterclaim are both to be tried before a Judge without a jury, the following provisions shall apply:
1. on the application of either party made with the consent in writing of the other party, both the civil proceedings and counterclaim shall be tried before a Judge without a jury, or before a Judge with a jury, whichever is specified in the application:
2. if no such application is made, the civil proceedings and the counterclaim shall, subject to any direction of the court or a Judge under section 19B, be tried in accordance with the foregoing provisions of this section: provided that if the court or a Judge orders that the civil proceedings and the counterclaim be tried together, they shall be tried before a Judge with a jury.
Notwithstanding anything to the contrary in the foregoing provisions of this section, in any case where notice is given as aforesaid requiring any civil proceedings to be tried before a jury, if it appears to a Judge before the trial—
1. that the trial of the civil proceedings or any issue therein will involve mainly the consideration of difficult questions of law; or
2. that the trial of the civil proceedings or any issue therein will require any prolonged examination of documents or accounts, or any investigation in which difficult questions in relation to scientific, technical, business, or professional matters are likely to arise, being an examination or investigation which cannot conveniently be made with a jury,— the Judge may, on the application of either party, order that the civil proceedings or issue be tried before a Judge without a jury.
Nothing in this section shall apply in respect of any civil proceedings to be heard by the court in its admiralty jurisdiction.

19B. All other civil proceedings to be tried before Judge alone, unless court otherwise orders

Except as provided in section 19A of this Act, civil proceedings shall be tried before a Judge alone.
Notwithstanding subsection (1), if it appears to the court at the trial, or to a Judge before the trial, that the civil proceedings or any issue therein can be tried more conveniently before a Judge with a jury the court or Judge may order that the civil proceedings or issue be so tried.

19C. Questions of foreign law to be decided by Judge

Where, for the purpose of disposing of any civil proceedings or any criminal proceedings which are being tried by a Judge of the High Court with a jury, it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the Judge alone.
This section has effect notwithstanding anything in section 19A or section 19B.

20. Governor in Council may divide New Zealand into districts

[Repealed]

21. Actions and proceedings to be taken in the district prescribed by the Code of Civil Procedure

[Repealed]

22. How applications to be made when Judge absent or unable to act

[Repealed]

23. Governor-General may appoint special sittings

The Governor-General in Council may from time to time appoint special sittings of the court for the despatch of civil and criminal business, to be held at such time and place or places, and before such Judge or Judges, as he thinks fit.

23A. Offices of the High Court

The Governor-General may from time to time, by notice in the Gazette, declare an office or offices of the court to be established at such place or places as may be specified in the notice, as from such date, in the case of each office, as may be so specified.
[Repealed]
[Repealed]
Where any office of the court is abolished, the Minister of the Crown who is responsible for the Ministry of Justice may direct that all documents, books, and records in that office shall be delivered to some other office of the court (in this section referred to as the substituted office). From the time of their delivery to the Registrar of the substituted office, those documents, books, and records shall be deemed to be in the lawful custody of that Registrar.
Where any office of the court is abolished, the following provisions shall apply:
1. any act or thing that could have been done under any enactment or rule by the Registrar of that office may be done by the Registrar of the substituted office:
2. any step in any proceedings that would, but for the abolition of that office, have been taken there under any enactment or rule may be taken at the substituted office:
3. any act or thing required or authorised by any enactment or rule to be done by any person at that office, whether in respect of any proceedings or in respect of any transaction recorded or document filed there, may be done at the substituted office:
4. any address for service, being an address conforming to the requirements of the rules of court, that has been given by any party to any proceedings in respect of which the records are delivered to the substituted office shall continue to be the address for service of that party for the purposes of those proceedings, notwithstanding that because of its distance from the substituted office it may cease to conform to those requirements: provided that where, because of its distance from the substituted office, the address does not conform to the requirements of the rules, the party shall give a new address for service conforming to those requirements when he first files in the substituted office any document in the proceedings:
5. if in respect of any proceedings, or of any transaction, document, record, or other matter, any question arises as to the application of any provision of this section or as to the proper procedure to be followed, the court or a Judge may determine the question and make such order thereon as the court or Judge thinks fit.

24. Registrar may act for Judge in certain cases

[Repealed]

C. Commercial list

24A. Establishment of commercial list

The Governor-General may from time to time by notice in the Gazette declare a commercial list to be established at any office of the High Court as from a date to be specified in the notice.
The first commercial list shall be established at the office of the High Court at Auckland for a period to be specified in the notice (which period shall not be less than 4 years).
The Governor-General may, on or before the expiration of the period specified under subsection (2), either—
1. extend that period by notice in the Gazette; or
2. declare by notice in the Gazette that the commercial list at the office of the High Court at Auckland shall continue indefinitely.
Where the Governor-General exercises the power given by subsection (3)(a), the Governor-General may, on or before the expiration of the extended period, declare by notice in the Gazette that the commercial list established at the office of the High Court at Auckland shall continue indefinitely.
Where the commercial list established at the office of the High Court at Auckland ceases to be established upon the expiration of the period specified under subsection (2) or the extended period specified under subsection (3)(a), the commercial list shall be deemed to continue for the purpose of completing any proceeding entered on the commercial list at the expiration of that period.

24B. Proceedings eligible for commercial list

The classes of proceedings eligible for entry on a commercial list are as follows:
1. any proceedings arising out of or otherwise relating to:
  1. the ordinary transactions of persons engaged in commerce or trade or of shippers:
  2. the carriage of goods for the purpose of trade or commerce:
  3. the construction of commercial, shipping, or transport documents:
  4. the export or import of merchandise:
  5. insurance, banking, finance, guarantee, commercial agency, or commercial usages:
  6. disputes arising out of intellectual property rights between parties engaged in commerce:
2. applications to the court under the Arbitration Act 1996:
3. appeals against determinations of the Commerce Commission:
4. proceedings under any of the provisions of sections 80, 81, 82, and 89 of the Commerce Act 1986:
5. cases stated by the Financial Markets Authority, and civil proceedings under the Securities Act 1978 or the Securities Markets Act 1988:
6. the following proceedings in relation to companies registered under the Companies Act 1955 or the Companies Act 1993, as the case may be:
  1. applications for directions by liquidators and receivers:
  2. defended applications under section 209ZG of the Companies Act 1955 or section 174 of the Companies Act 1993:
  3. disputes relating to takeovers:
  4. disputes between shareholders or classes of shareholders of companies (other than companies registered under Part 8 of the Companies Act 1955 and companies registered under the Companies Act 1993 and having not more than 25 shareholders):
7. proceedings of a commercial nature required or permitted to be entered on a commercial list by or under any Act or by or under the High Court Rules or any rules made under section 51C of this Act.
Where any appeal belonging to the class of appeals described in subsection (1)(c) is entered on a commercial list,—
1. that appeal shall, notwithstanding section 75(2) of the Commerce Act 1986, be heard and determined by the court; and
2. any lay member appointed pursuant to section 77 of the Commerce Act 1986 shall, for the purpose of the hearing and determination of that appeal by the court, be deemed to be a lay member of the court; and
3. section 77 and sections 91 to 97 of the Commerce Act 1986 shall, subject to section 24E, apply with all necessary modifications to that appeal.
Rules made under section 51C shall make provision for—
1. the manner in which proceedings eligible for entry on a commercial list are to be entered on a commercial list:
2. orders for the removal of proceedings entered on a commercial list:
3. the procedure governing the determination of proceedings entered on a commercial list.

24C. Commercial list Judges

A commercial list established under section 24A is supervised by a Judge nominated from time to time by the Chief Justice after consulting the Chief High Court Judge.
The Chief High Court Judge can be nominated under subsection (1).
After consulting the Chief High Court Judge, the Chief Justice may nominate 1 or more Judges to help the Judge nominated under subsection (1) and to supervise the list when that Judge is absent from duty.
Every interlocutory application in any proceeding entered on a commercial list shall be determined by a Judge nominated under subsection (1) or subsection (2).
Where—
1. any dispute has arisen concerning the construction, status, or application of a contract or document; and
2. the dispute could be determined in a proceeding eligible for entry on a commercial list; and
3. no proceeding has been commenced in respect of the dispute,—
any party to the dispute may apply to a Judge nominated under subsection (1) or subsection (2) for the determination of the questions involved in the dispute.

24D. Directions for speedy determination of real questions in proceedings on commercial list

The court may from time to time give such directions as the court thinks fit (whether or not inconsistent with the High Court Rules or any rules made under section 51C) for the speedy and inexpensive determination of the real questions between the parties to proceedings entered on a commercial list.

24E. Agreement not to appeal

The parties to any proceedings entered on a commercial list may agree that the decision of the court shall be final.

24F. Proceedings not to be tried by jury

Notwithstanding anything in section 19A, no proceeding entered on a commercial list shall be tried before a jury.

24G. Restriction of right of appeal from interlocutory decisions

No appeal shall lie from an interlocutory decision of the High Court in respect of any proceeding entered on a commercial list unless leave to appeal to the Court of Appeal is given by the High Court on application made within 7 days of the decision being given or within such further time as the High Court may allow.
If the High Court refuses leave to appeal from any such interlocutory decision, the Court of Appeal may grant that leave on application made to the Court of Appeal within 21 days of the refusal of leave by the High Court.

D. Administrative Division of the court

[Repealed]

25. Administrative Division of the High Court

[Repealed]

26. Jurisdiction of Administrative Division

[Repealed]

26A. Lay members or assessors in certain cases

[Repealed]

26B. Rules relating to Administrative Division

[Repealed]

E. Associate Judges of the High Court

26C. Appointment of Associate Judges

The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Associate Judges of the High Court.
The maximum number of Associate Judges is 9.
For the purposes of subsection (2),—
1. an Associate Judge who is acting on a full-time basis counts as 1:
2. an Associate Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
3. the aggregate number (for example, 5.5) must not exceed the maximum number of Associate Judges that is for the time being permitted.
A person must not be appointed as an Associate Judge unless he or she has held a practising certificate as a barrister or solicitor for at least 7 years.
An Associate Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
An Associate Judge holds office until, in accordance with section 26E, he or she retires or resigns or is removed from office.
Subsection (6) applies to—
1. every Associate Judge appointed after the commencement of this section; and
2. every person deemed by section 6(1) of the Judicature Amendment Act 2004 to have been appointed as an Associate Judge at the commencement of this section (despite any provision to the contrary in any enactment or warrant of appointment).

26D. Associate Judges act on full-time basis but may be authorised to act part-time

A person acts as an Associate Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
The Attorney-General may, in accordance with subsection (4), authorise an Associate Judge appointed under section 26C to act on a part-time basis for a specified period.
To avoid doubt, an authorisation under subsection (2) may take effect as from an Associate Judge’s appointment or at any other time, and may be made more than once in respect of the same Associate Judge.
The Attorney-General may authorise an Associate Judge to act on a part-time basis only—
1. on the request of the Associate Judge; and
2. with the concurrence of the Chief High Court Judge.
In considering whether to concur under subsection (4), the Chief High Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.
An Associate Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
The basis on which an Associate Judge acts must not be altered during the term of the Associate Judge’s appointment without the Associate Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

26E. Vacation of office

The Governor-General may, if the Governor-General thinks fit, remove an Associate Judge for inability or misbehaviour.
An Associate Judge may resign the office of Associate Judge by notice in writing addressed to the Attorney-General.
Subject to section 26H, every Associate Judge shall retire from office on attaining the age of 70 years.

26F. Salaries and allowances of Associate Judges

Subject to subsection (5), there shall be paid to every Associate Judge, out of public money, without further appropriation than this section,—
1. a salary at such rate as the Remuneration Authority from time to time determines; and
2. such allowances as are from time to time determined by the Remuneration Authority; and
3. such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.
Subject to subsection (5), the salary of an Associate Judge shall not be diminished during the continuance of the Associate Judge’s appointment.
Subject to the Remuneration Authority Act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
Every such determination, and every provision of any such determination, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination.
The salary and allowances payable for a period during which an Associate Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position.
For the purpose of subsection (2), the payment of salary and allowances on a pro rata basis under subsection (5) is not a diminution of salary.

26G. 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 subsidy or contribution may from time to time be paid under Part 5B of the Government Superannuation Fund Act 1956 or to any registered superannuation scheme in accordance with a determination of the Remuneration Authority.

26H. Temporary Associate Judges

The Governor-General may, subject to this section, appoint any person (including a former Associate Judge) to act as an Associate Judge for such period as is specified in the warrant of appointment.
The period so specified shall not exceed 12 months; but any person appointed under this section may from time to time be reappointed.
No person shall be appointed as an Associate Judge under this section unless that person is eligible for appointment as an Associate Judge pursuant to section 26C, save that, subject to subsection (4) of this section, a person otherwise qualified who has attained the age of 70 years (including an Associate Judge who has retired after attaining that age) may be appointed as an Associate Judge under this section.
No person shall be appointed or reappointed as an Associate Judge under this section who has attained the age of 72 years.
Subject to section 26F(5), every person appointed as an Associate Judge under this section shall, during the term of that Associate Judge’s appointment, be paid the salary and allowances payable by law to an Associate Judge.
No appointment may be made under this section otherwise than on a certificate signed by the Chief Justice to the effect that, in the opinion of the Chief Justice, it is necessary for the due conduct of the business of the court that a temporary Associate Judge be appointed.
The Chief Justice must not sign the certificate without first consulting the Chief High Court Judge.

26I. Associate Judge may exercise certain powers of the court

An Associate Judge shall have and may exercise all the jurisdiction and powers of the court in relation to the following matters:
1. any application for summary judgment:
2. [Repealed]
3. any proceedings under which relief is claimed solely under any of the provisions of sections 140, 143, 144, 145, 145A, and 148 of the Land Transfer Act 1952 (which provisions relate to caveats):
4. the assessment of damages where liability has been determined, or the trial of proceedings in which only the amount of the debt or damages is disputed:
5. the entry of any judgment by consent, or the making of any other order by consent:
6. the making of any order (other than an arrest order or an order relating to an arrest order) that may be made under rules of court against a judgment debtor who has been ordered to attend court for examination:
7. the making, variation, suspension, or discharge of attachment orders under rules of court:
8. any other matter in respect of which jurisdiction is conferred on an Associate Judge by or under any Act.
An Associate Judge shall have and may exercise all the jurisdiction and powers which are vested in the court or a Judge by the following enactments:
1. article 11 of Schedule 1 of the Arbitration Act 1996:
2. sections 205 to 207 of the Companies Act 1955, as applied to compromises and arrangements by section 35 of the Companies Amendment Act 1993:
3. sections 220 to 222, 226, 231(4), 233 to 237, 239, 240(1)(a), 246 to 249, 250 to 263, 265 to 267, 311A, 311B, 312, and 332 of the Companies Act 1955, as applied in relation to the winding up of a company by section 42(1) of the Companies Amendment Act 1993:
4. sections 139, 168, 209N to 209P, 209R to 209T, 209X to 209ZA, 209ZF, 211, 213, 216 to 218, 220, 231(2), 235(5), 240, 243, 258, 260, 264, 265, 268 to 270, 281, 288, and 467 of the Companies Act 1955, as continued in force by section 3 of the Companies Act Repeal Act 1993:
5. sections 123, 154, 165 to 168, 173, 179, 232 to 234, 236 to 238, Part 15A, Part 16, and section 329 of the Companies Act 1993:
6. rules 39, 41, 71, 87 to 89, 91, 94, 95, 96, 111, 125(3), 136, 137, 141 to 143, 190, and 191 of the Companies (Winding Up) Rules 1956, as continued in force by section 42(7) of the Companies Amendment Act 1993:
7. section 42(2) of the Corporations (Investigation and Management) Act 1989:
8. section 26, Part 10, section 119, and Part 15 of the Insolvency Act 1967:
9. the Insolvency Act 2006 (except sections 150, 166(3), 180, and 236(2)):
10. any regulations or rules made under the Insolvency Act 2006:
11. rules 41 and 43 of the Insolvency Rules 1970:
12. any regulations relating to liquidations made under the Companies Act 1955 or under the Companies Act 1993:
13. sections 118, 128, 131, 167, 168, 170, 179, 181, 182, and 186 of the Personal Property Securities Act 1999:
14. the Model Law on Cross-Border Insolvency as set out in Schedule 1 of the Insolvency (Cross-border) Act 2006.
An Associate Judge shall have and may exercise all the jurisdiction and powers of the court to deal with costs and other matters incidental to the matters over which an Associate Judge has jurisdiction pursuant to subsection (1) or subsection (2).
Rules made under section 51C or rules made under any other Act in the manner provided in that section may contain such provisions as may be necessary—
1. to enable the proper exercise by Associate Judges of the jurisdiction and powers conferred by this section; and
2. to regulate the practice and procedure of the court on appeals against the exercise by Associate Judges of the jurisdiction and powers so conferred.
[Repealed]

26IA. Ancillary powers of Associate Judge

Subject to subsection (2), an Associate Judge shall have, in all proceedings (including proceedings on an interlocutory application) properly before the Associate Judge, jurisdiction to make any order or to exercise any authority or jurisdiction that might be made or exercised by a Judge of the High Court.
Nothing in subsection (1) confers on an Associate Judge any jurisdiction or power of a kind described in subsection (3) or subsection (4) of section 26J.

26IB. Judge or Associate Judge may, by video link, preside at hearing of specified matters

A Judge or Associate Judge may, by video link, preside at the hearing of any matter—
1. over which an Associate Judge has jurisdiction under section 26I; and
2. that is specified in rules made under section 51C for the purposes of this section.
A hearing conducted under the authority of subsection (1)—
1. has effect as if the Judge or Associate Judge were physically present:
2. does not affect the privileges and immunities of the Judge or Associate Judge or of any witnesses, counsel, or parties appearing at the hearing.
Rules made under section 51C may—
1. specify a class or classes of matters in respect of which hearings authorised by subsection (1) may be conducted:
2. regulate the manner in which hearings authorised by subsection (1) are conducted.

26J. Power to make rules conferring specified jurisdiction and powers of Judge in chambers on Associate Judges

Notwithstanding anything contained in any other provision of this Act or of any other Act but subject to the provisions of this section, rules made under section 51C or rules made under any other Act in the manner provided in that section may confer on Associate Judges, subject to such limitations and restrictions as may be specified in the rules, such of the jurisdiction and powers of a Judge sitting in chambers, conferred by this Act or any other Act, as may be specified in the rules.
Any such rules may contain such other provisions as may be necessary—
1. to enable the proper exercise by Associate Judges of the jurisdiction and powers so conferred; and
2. to regulate the practice and procedure of the court on any application to the court under section 26P(1) to review the exercise by an Associate Judge of the jurisdiction and powers so conferred.
Nothing in subsection (1) or subsection (2) authorises the making of any rule which confers on Associate Judges any jurisdiction or power in respect of any of the following matters:
1. any criminal proceeding, other than an uncontested application for bail or an application for the setting aside of a witness summons:
2. any application for a writ of habeas corpus:
3. any proceedings for the issue or renewal of a writ of sequestration:
4. any proceedings under or by virtue of the Care of Children Act 2004:
5. any action in rem under or by virtue of the Admiralty Act 1973:
6. any application to review, or any appeal against, the exercise, or the refusal to exercise, by any Registrar or Deputy Registrar, of any jurisdiction or power conferred on any Registrar or Deputy Registrar by or under this Act or any other Act.
Nothing in subsection (1) or subsection (2) authorises the making of any rule which confers on Associate Judges any jurisdiction or power—
1. to grant an Anton Piller order, or an injunction (whether interlocutory or otherwise):
2. to grant any relief on an application for review under section 4(1) of the Judicature Amendment Act 1972:
3. to grant any relief in any proceedings for a writ or order of or in the nature of mandamus, prohibition, or certiorari, or for a declaration or injunction:
4. to grant any application to remove any person from public office:
5. to try the right of any person to hold any public office.

26K. Power of Associate Judge to deal with witnesses and to punish for contempt

Sections 56A, 56B, and 56C shall apply in respect of any proceedings before an Associate Judge, and an Associate Judge shall have and may exercise all the jurisdiction and powers which, pursuant to those sections, are vested in the court or a Judge.

26L. Associate Judge to have no power to make order for committal, attachment, or arrest

Except as provided by section 26K, an Associate Judge shall have no jurisdiction or power to make an order for the committal, attachment, or arrest of any person.

26M. Associate Judge may act as referee

An Associate Judge may act as a referee under the High Court Rules in respect of any proceedings or any question arising in the course of any proceedings.

26N. Transfer of proceedings from Associate Judge to Judge

In any proceedings before an Associate Judge, an Associate Judge may, on the application of any party to the proceedings, or of the Associate Judge’s own motion, refer the proceedings or any matter arising therein to a Judge if the Associate Judge is satisfied that because of the complexity of the proceedings or of that matter, or of any question in issue in the proceedings, it is expedient that the proceedings or that matter be referred to a Judge.
Where any proceedings are to be dealt with or are being dealt with by an Associate Judge, a Judge may, at any time before the conclusion of those proceedings, on application made on notice by any party to the proceedings, order that the proceedings or any part thereof be transferred to a Judge if that Judge is satisfied that it is desirable that the proceedings or that part thereof be dealt with by a Judge.
Upon the reference of any proceedings, or any matter arising therein, to a Judge under subsection (1), or the transfer of any proceedings or any part thereof to a Judge under subsection (2), the Judge may—
1. dispose of the proceedings; or
2. refer the proceedings or the matter back to the Associate Judge with such directions as the Judge thinks fit.

26O. Power of Associate Judge to adjourn proceedings

An Associate Judge shall have power to order the adjournment of any proceedings, notwithstanding that an Associate Judge would not otherwise have jurisdiction in respect of those proceedings.

26P. Review of, or appeals against, decisions of Associate Judges

Any party to any proceedings who is affected by any order or decision made by an Associate Judge in chambers may apply to the court to review that order or decision and, where a party so applies in accordance with the High Court Rules, the court—
1. must review the order or decision in accordance with the High Court Rules; and
2. may make such order as may be just.
The determination of the High Court on a review under subsection (1) is final, unless the High Court gives leave (or the High Court refuses leave, but the Court of Appeal gives special leave) to appeal from it to the Court of Appeal.
Rules under section 51C may—
1. specify the nature and extent of reviews or classes of review under subsection (1):
2. regulate the procedure for hearing applications or classes of application under subsection (1):
3. regulate the procedure for hearing applications or classes of application for leave under subsection (1AA).
Any party to any proceedings may appeal to the Court of Appeal against any order or decision of an Associate Judge in those proceedings (other than an order or decision made in chambers).
Section 66 shall apply to any appeal under subsection (2).

26Q. Immunity of Associate Judges

Every Associate Judge has the same immunities as a Judge of the High Court.

26R. Jurisdiction of Judge not affected

Nothing in this Act or in any rules made under section 51C or in any rules made under any other Act in the manner provided in that section shall prevent the exercise by any Judge of any jurisdiction or power conferred on an Associate Judge by this Act or by any such rules.

F. Officers

27. Appointment of officers

There may from time to time be appointed under the State Sector Act 1988 such Registrars, Deputy Registrars, and other officers as may be required for the conduct of the business of the court.

Subpart 1. Registrars

28. Powers of Registrars

In order that the court may be enabled to exercise the jurisdiction conferred upon it by this Act, every Registrar and Deputy Registrar shall have all the powers and perform all the duties in respect of the court (except such powers and duties as any other officer may be specially appointed to exercise and perform) which Registrars and Deputy Registrars have hitherto performed or which by any rule or statute they may be required to perform.
Each Deputy Registrar has the same powers and privileges, performs the same duties, and is subject to the same provisions and penalties under this Act and under any other Act as if he or she were the Registrar for the time being, whether or not those powers, privileges, duties, provisions, or penalties are conferred, imposed, or enacted under this Act or that other Act.
Subsection (2) is subject to any provision to the contrary in any other enactment.

Subpart 2. Sheriffs

29. Sheriffs and Deputy Sheriffs

Every Registrar of the High Court for the time being shall be a Sheriff for New Zealand.
There may be appointed under the State Sector Act 1988 in respect of any office of the court 1 or more Deputy Sheriffs.
Every Deputy Sheriff shall, in the absence of the Sheriff or when acting for the Sheriff, have the powers and privileges, duties and responsibilities of the Sheriff under this Act or any other enactment.

30. Sheriff’s oath

[Repealed]

31. Sureties may withdraw

[Repealed]

32. Duties, etc, of Sheriffs

Every Sheriff shall have such powers and privileges, duties and responsibilities, as a Sheriff by law has or is liable to in England as a ministerial officer of one of Her Majesty’s Courts at Westminster.

33. Sheriff to act as Queen’s bailiff

In addition to his powers and privileges, duties and responsibilities, as a ministerial officer, each Sheriff shall also have and exercise the powers and duties of the Queen’s bailiff.

34. Sheriff not to act as barrister or solicitor

No Sheriff shall be in any way concerned in any action in any court in New Zealand either as a barrister, solicitor, or agent.

35. Service of process when Sheriff disqualified

Where any process issues which the Sheriff ought not by law to execute, the High Court shall authorise some fit person to execute the same; and in every such case the cause of such special proceeding shall be entered upon the records of the court.

36. Persons arrested by Sheriffs may be committed to prison at once

Where any Sheriff, Sheriff’s officer, bailiff, or other person employed under the Sheriff, has arrested any person under or by virtue of any writ or process whatsoever, he may forthwith thereafter convey such person, or cause him to be conveyed, to such prison as he ought to be sent to by virtue of the writ or process against him.

Subpart 3. Poundage and fees

37. Calculation of Sheriff’s poundage

[Repealed]

38. Appointment of, and oath taken by, appraiser

[Repealed]

39. Goods defined

[Repealed]

40. Sheriffs’ and poundage fees

[Repealed]

41. Fee in special cases

[Repealed]

42. Fees to be paid into Crown Bank Account

All fees taken by a Sheriff under this Act must be paid immediately into a Crown Bank Account.

Subpart 4. Deputy Sheriffs and Acting Sheriffs

[Repealed]

43. Where Sheriff not present at sitting of court, duties of Sheriff may be performed by any person appointed by the court or Judge

[Repealed]

44. Provision in cases of vacancy in office of Sheriff

[Repealed]

45. Governor may appoint Deputy Sheriffs

[Repealed]

46. When Deputies to act

[Repealed]

Subpart 5. Commissioners to administer oaths

47. Commissioners to take affidavits, etc, out of New Zealand

Any Judge of the High Court, by a commission to be issued under the seal of the court, may from time to time appoint any person to be and act as a Commissioner of the High Court in any country or place beyond the jurisdiction of the High Court, for the purpose of administering and taking any oath, affidavit, or affirmation, whether-
1. in any civil or criminal proceedings commenced or pending in the High Court; or
2. in any action, cause, proceeding, matter, or thing commenced or pending in any court of concurrent jurisdiction in New Zealand or in any inferior court; or
3. in any proceedings or in any matter or thing within the cognisance or jurisdiction of the High Court or of any court of concurrent jurisdiction in New Zealand or of any inferior court.
Every such appointment shall be gazetted.

48. Affidavits, etc, so taken to be of like effect as if taken in New Zealand

Every oath, affidavit, or affirmation taken or made before any such Commissioner as aforesaid shall within New Zealand be of the like effect in all respects as if the same had been administered, made, or taken by or before any court or persons having authority to administer or take the same in New Zealand.

49. Commission may be revoked

Any commission issued as aforesaid may be revoked by any Judge of the court for any cause which such Judge deems sufficient; but no such revocation shall affect or prejudice any act, matter, or thing done by any Commissioner by virtue of his commission prior to a notification of such revocation having been given or sent to him.
Every revocation of any such appointment shall be gazetted, and the notice published in the Gazette shall state the date when notice of revocation was given or sent to the Commissioner affected thereby.

Subpart 6. Practice and procedure of the court

50. Seal of the court

The court shall have in the custody of each Registrar a seal of the court, for the sealing of all writs and other instruments or documents issued by such Registrar and requiring to be sealed.
[Repealed]

51. High Court Rules

Subject to subsections (2) to (4) and to sections 51A to 56C, the practice and procedure of the court in all civil proceedings shall be regulated by the High Court Rules.
The High Court Rules shall be subject to any other rules which are made pursuant to section 51C and which prescribe the procedure applicable in respect of any class of civil proceedings or in respect of the practice or procedure of the Court of Appeal.
Where any provision of the High Court Rules or of any rules made under section 51C restricts or excludes the application of the High Court Rules or any provisions of the High Court Rules, the provision that effects the restriction or exclusion shall have effect according to its tenor.
If in any civil proceedings any question arises as to the application of any provision of the High Court Rules or of any rules made under section 51C, the court may, either on the application of any party or of its own motion, determine the question and give such directions as it thinks fit.

51A. Publication of High Court Rules under Legislation Act 2012

The High Court Rules, and any reprint of the High Court Rules, may be published under the Legislation Act 2012 as if the rules were a legislative instrument within the meaning of that Act.
The Legislation Act 2012 applies accordingly to rules published in that way.

51B. Rules Committee

For the purposes of this Act and the District Courts Act 1947 and the Criminal Procedure Act 2011, there is a Rules Committee consisting of—
1. the Chief Justice:
2. the Chief High Court Judge:
3. 2 other Judges of the High Court appointed by the Chief Justice:
4. the Chief District Court Judge:
5. 1 other District Court Judge appointed by the Chief Justice on the recommendation of the Chief District Court Judge:
6. the Attorney-General:
7. the Solicitor-General:
8. the chief executive of the Ministry of Justice:
9. 2 persons, who are barristers and solicitors of the High Court, nominated by the Council of the New Zealand Law Society and approved by the Chief Justice.
The Chief Justice may appoint any other person to be a member for a special purpose. That person holds office during the pleasure of the Chief Justice.
The members referred to in paragraphs (b), (d), and (h) of subsection (1)—
1. must be appointed for terms not exceeding 3 years:
2. may be reappointed:
3. may resign office by notice in writing to the Chief Justice.
The Rules Committee is a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
The members referred to in subsections (1)(h) and (2) may be paid, out of money appropriated by Parliament, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951.

51C. Power to make rules

The Governor-General in Council, with the concurrence of the Chief Justice and any 2 or more of the members of the Rules Committee, of whom at least 1 shall be a Judge, may, for the purposes of facilitating the expeditious, inexpensive, and just dispatch of the business of the court, or of otherwise assisting in the due administration of justice, from time to time make rules regulating the practice and procedure of the High Court and of the Court of Appeal and of the Supreme Court (including the practice and procedure on appeals from any court or person to the Supreme Court, the Court of Appeal, or the High Court).
Rules made pursuant to subsection (1) may—
1. repeal the High Court Rules set out in Schedule 2, and substitute a new set of High Court Rules:
2. alter or revoke any of the rules contained in the High Court Rules:
3. add to the High Court Rules any further rules touching the practice and procedure of the High Court in all or any of the civil proceedings within its jurisdiction:
4. add to the High Court Rules any rules made for the purposes of Part 1A:
5. alter or revoke any rules regulating the practice or procedure of the Court of Appeal (including those contained in the Court of Appeal Rules 1955):
6. revoke the Court of Appeal Rules 1955:
7. alter or revoke any other rules of the High Court, the Court of Appeal, or the Supreme Court that are now or may hereafter be in force:
8. fix scales of costs.

51D. Rules of court under other Acts to be made in manner provided by this Act

Where any other Act confers power to make rules of procedure in relation to civil proceedings, that power shall be exercised by the Governor-General in Council in the manner prescribed by section 51C, and not otherwise.

51E. Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court

Notwithstanding anything to the contrary in any Act or in any Imperial Act in force in New Zealand, rules may be made under section 51C prescribing the form and manner in which any class or classes of applications to the High Court or a Judge thereof or to the Court of Appeal or to the Supreme Court shall be made.
So far as the provisions of any Act prescribing the form or manner in which any such applications are to be made, whether by petition, motion, summons, or otherwise, are inconsistent with or repugnant to the High Court Rules or the Court of Appeal Rules or to any rules made under section 51C, the Act prescribing that form or manner shall be deemed to be subject to the rules.

51F. Power to make rules conferring specified jurisdiction and powers of Judge on Registrars or Deputy Registrars

Notwithstanding anything contained in any other provision of this Act or of any other Act, but subject to the provisions of this section, rules made under section 51C or rules made under any other Act in the manner provided in that section may confer on Registrars and Deputy Registrars (whether of the High Court, the Court of Appeal, or the Supreme Court), subject to such limitations and restrictions as may be specified in the rules, such of the jurisdiction and powers of a Judge sitting in chambers, conferred by this Act or any other Act, as may be specified in the rules, and may contain such other provisions as may be necessary to enable the proper exercise by Registrars and Deputy Registrars of the jurisdiction and powers so conferred.
Any jurisdiction and any powers conferred under this section may be conferred on specified Registrars or Deputy Registrars or on any specified class or classes of Registrars or Deputy Registrars.
Where any matter in respect of which a Registrar or Deputy Registrar has jurisdiction under any rules of court appears to the Registrar or Deputy Registrar to be one of special difficulty, the Registrar or Deputy Registrar may refer the matter to a Judge, who may dispose of the matter or may refer it back to the Registrar or Deputy Registrar with such directions as the Judge thinks fit.
Any party to any proceedings or any intended proceedings who is affected by any order or decision made by any Registrar or Deputy Registrar under any rules of court may apply to the court to review that order or decision, and where a party so applies the court may make such order as may be just.
Nothing in this section or in the High Court Rules or in any rules made under section 51C or in any rules made under any other Act shall prevent the exercise by any Judge of any jurisdiction or powers conferred on any Registrar or Deputy Registrar by any such rules.

51G. Jurisdiction of court to award costs in all cases

Where any Act confers jurisdiction on the High Court or a Judge thereof in regard to any civil proceedings or any criminal proceedings or any appeal, without expressly conferring jurisdiction to award or otherwise deal with the costs of the proceedings or appeal, jurisdiction to award and deal with those costs and to make and enforce orders relating thereto shall be deemed to be also conferred on the court or Judge.
Such costs shall be in the discretion of the court or Judge, and may, if the court or Judge thinks fit, be ordered to be charged upon or paid out of any fund or estate before the court.

52. Power of Judge to hold or adjourn sitting

A Judge may hold any sitting of the court at any time and place the Judge thinks fit.
A Judge may adjourn a sitting of the court to a time and place the Judge thinks fit.
If a Judge is not present at the time appointed for a sitting of the court, the Registrar may adjourn the sitting to a time that is convenient.

53. Fees to be paid into Crown Bank Account

All fees received under this Act must be paid into a Crown Bank Account.

54. Service of process on Sundays void

Subject to any rule of court, no person shall serve or execute, or cause to be served or executed, on Sunday any statement of claim, application, writ, process, warrant, order, or judgment of the High Court or Court of Appeal (except in cases of crime or of breach of the peace), and such service or execution shall be void to all intents and purposes whatsoever.
Nothing in subsection (1) shall apply to—
1. the service of any writ in rem or warrant of arrest in respect of any proceedings heard or to be heard in the High Court in its admiralty jurisdiction; or
2. the service of any subpoena or interlocutory injunction.
Nothing in this section shall be construed to annul, repeal, or in any way affect the common law, or the provisions of any statute or rule of practice or procedure, now or hereafter in force, authorising the service of any statement of claim, application, writ, process, or warrant, in cases other than those excepted in subsection (1).

54A. Verdict of three-fourths

[Repealed]

54B. Discharge of juror or jury

Nothing in this Act affects the powers of a court or Judge to discharge a juror or jury for a civil case under section 22 of the Juries Act 1981.

G. Miscellaneous rules of law and of practice

Subpart 1. Habeas corpus

[Repealed]

54C. Procedure in respect of habeas corpus

[Repealed]

Subpart 2. Absconding debtors

55. Power under certain circumstances to arrest defendant about to quit New Zealand

A person shall not be arrested upon mesne process in any civil proceedings in the High Court.
Where in any civil proceedings in the High Court in which, if brought before 1 October 1874 (being the date of the coming into operation of the Imprisonment for Debt Abolition Act 1874), the defendant would have been liable to arrest, the plaintiff proves at any time before final judgment, by evidence on oath to the satisfaction of a Judge of the court, that the plaintiff has good cause of action against the defendant to the amount of $100 or upwards, and that there is probable cause for believing that the defendant is about to quit New Zealand unless he is apprehended, and that the absence of the defendant from New Zealand will materially prejudice the plaintiff in the prosecution of those proceedings, such Judge may, in the prescribed manner, order such defendant to be arrested and imprisoned for a period not exceeding 6 months, unless and until he has sooner given the prescribed security, not exceeding the amount claimed in those proceedings, that he will not go out of New Zealand without the leave of the High Court.
Where the civil proceedings are for a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract, it shall not be necessary to prove that the absence of the defendant from New Zealand will materially prejudice the plaintiff in the prosecution of those proceedings; and the security given (instead of being that the defendant will not go out of New Zealand) shall be to the effect that any sum recovered against the defendant in those proceedings will be paid or that the defendant shall be rendered to prison.
All the powers conferred by this section upon a Judge may be exercised by the Registrar of the court: provided that such powers shall be exercised by the said Registrar only in the absence of the Judge from the place where the office of the court is situate at which the application for such order as aforesaid is made.

Subpart 3. Foreign creditors

56. Memorials of judgments obtained out of New Zealand may be registered

Any person in whose favour any judgment, decree, rule, or order, whereby any sum of money is made payable, has been obtained in any court of any of Her Majesty’s dominions may cause a memorial of the same containing the particulars hereinafter mentioned, and authenticated by the seal of the court wherein such judgment, decree, rule, or order was obtained, to be filed in the office of the High Court; and such memorial being so filed shall thenceforth be a record of such judgment, decree, rule, or order, and execution may issue thereon as hereinafter provided.
Every seal purporting to be the seal of any such court shall be deemed and taken to be the seal of such court until the contrary is proved, and the proof that any such seal is not the seal of such court shall lie upon the party denying or objecting to the same.
Every such memorial shall be signed by the party in whose favour such judgment, decree, rule, or order was obtained, or his attorney or solicitor, and shall contain the following particulars, that is to say: the names and additions of the parties, the form or nature of the action or other proceeding, and, when commenced, the date of the signing or entering-up of the judgment, or of passing the decree, or of making the rule or order, and the amount recovered, or the decree pronounced, or rule or order made, and, if there was a trial, the date of such trial and amount of verdict given.
The court or any Judge thereof, on the application of the person in whose favour such judgment, decree, rule, or order was obtained, or his solicitor, may grant a rule or issue a summons calling upon the person against whom such judgment, decree, rule, or order was obtained to show cause, within such time after personal or such other service of the rule or summons as such court or Judge directs, why execution should not issue upon such judgment, decree, rule, or order, and such rule or summons shall give notice that in default of appearance execution may issue accordingly; and if the person served with such rule or summons does not appear, or does not show sufficient cause against such rule or summons, such court or Judge, on due proof of such service as aforesaid, may make the rule absolute, or make an order for issuing execution as upon a judgment, decree, rule, or order of the court, subject to such terms and conditions (if any) as such court or Judge thinks fit.
All such proceedings may be had or taken for the revival of such judgment, decree, rule, or order, or the enforcement thereof by and against persons not parties to such judgment, decree, rule, or order as may be had for the like purposes upon any judgment, decree, rule, or order of the court.

Subpart 4. Witnesses

56A. Failure of witness to attend

If any witness who is compellable to attend to give evidence at the hearing of any civil proceeding in the High Court and who has been duly summoned fails to attend at the time and place appointed, the court may issue a warrant to arrest him and bring him before the court, and may adjourn the hearing.
The court may impose on any such witness who fails without just excuse (the proof of which excuse shall be on him) to attend as aforesaid a fine not exceeding $500.
No witness shall be compellable to attend at the hearing of any civil proceeding in the High Court unless at the time of the service of the order of subpoena, or at some other reasonable time before the hearing, a sum in respect of his allowances and travelling expenses in accordance with the scale prescribed for the time being by regulations made under the Criminal Procedure Act 2011 is tendered or paid to him.

56B. Refusal of witness to give evidence

If any witness in any civil proceeding in the High Court, without offering any just excuse, refuses to give evidence when required, or refuses to produce any document which he has been required to produce, or refuses to be sworn, or having been sworn refuses to answer such questions concerning that proceeding as are put to him, the court may order that, unless he sooner consents to give evidence or to produce the document or to be sworn or to answer thse questions put to him, as the case may be, he be detained in custody for any period not exceeding 7 days, and may issue a warrant for his arrest and detention in accordance with the order.
If the person so detained, on being brought up again at the hearing, again refuses to give evidence or to produce the document or to be sworn or, having been sworn, to answer the questions put to him, the court, if it thinks fit, may again direct that the witness be detained in custody for the like period, and so again from time to time until he consents to give evidence or to produce the document or to be sworn or to answer as aforesaid.
Nothing in this section shall limit or affect any power or authority of the court to punish any witness for contempt of court in any case to which this section does not apply.

56BB. Witnesses entitled to expenses

[Repealed]

Subpart 5. Contempt of court

56C. Contempt of court

If any person—
1. assaults, threatens, intimidates, or wilfully insults a Judge, or any Registrar, or any officer of the court, or any juror, or any witness, during his sitting or attendance in court, or in going to or returning from the court; or
2. wilfully interrupts or obstructs the proceedings of the court or otherwise misbehaves in court; or
3. wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings—
any constable or officer of the court, with or without the assistance of any other person, may, by order of the Judge, take the offender into custody and detain him until the rising of the court.
In any such case as aforesaid, the Judge, if he thinks fit, may sentence the offender to imprisonment for any period not exceeding 3 months, or sentence him to pay a fine not exceeding $1,000 for every such offence; and in default of payment of any such fine may direct that the offender be imprisoned for any period not exceeding 3 months, unless the fine is sooner paid.
Nothing in this section shall limit or affect any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply.

Subpart 6. Immigration matters

56CA. Judicial review of decisions under Immigration Act 1987

[Repealed]