New Zealand 1852 Constitution (reviewed 2014)

Part 2. Amendments, repeals, transitional provisions, and savings

Subpart 1. Substantive amendments to Judicature Act 1908

43. New sections 4A and 4B of Judicature Act 1908 inserted

Amendment(s) incorporated in the Act(s).

44. Constitution of the Court

Amendment(s) incorporated in the Act(s).

45. Technical advisers

Amendment(s) incorporated in the Act(s).

Subpart 2. Substantive amendment to Te Ture Whenua Maori Act 1993

46. New sections 58A and 58B inserted

Amendment(s) incorporated in the Act(s).

Subpart 3. Other substantive amendments

47. Other substantive amendments

The enactments specified in Part 1 of Schedule 1 are amended in the manner indicated in that schedule.

Subpart 4. Consequential amendments and repeals

48. Consequential amendments and repeals

1. The enactments specified in Part 2 of Schedule 1 or Part 1 of Schedule 3 are amended in the manner indicated in that schedule.
2. The enactments specified in Schedule 2 are repealed.
3. Amendment(s) incorporated in the regulations.
4. Amendment(s) incorporated in the order(s).
5. This section has effect as if, at the close of 31 December 2003, section 12 of the Judicature Amendment Act 1979 had ceased to apply to the Statutes Amendment Act 1947, the Law Practitioners (Victoria Reciprocity) Order 1937, and the enactments specified in Schedule 3.

49. Imperial enactments ceasing to have effect in New Zealand

On 1 January 2004, the following Imperial enactments cease to have effect as part of the law of New Zealand:

1. the Imperial enactments listed in Part 1 of Schedule 4:
2. the Imperial subordinate legislation listed in Part 2 of Schedule 4.

Subpart 5. Transitional and savings

50. Privy Council may still determine appeals in certain existing proceedings

1. The Privy Council may hear and determine, or continue to hear and determine,—
   1. an appeal against a final judgment of the Court of Appeal made before 1 January 2004, or made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004, where—
      1. the matter in dispute on the appeal amounts to or is of the value of $5,000 or upwards; or
      2. the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of $5,000 or upwards; or
   2. an appeal arising out of a successful application to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against a decision of the Court of Appeal—
      1. made before 1 January 2004; or
      2. made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004; or
   3. an appeal arising out of a successful application to the Privy Council (whether made before, on, or after 1 January 2004) for special leave to appeal to it against a decision of the Court of Appeal—
      1. made before 1 January 2004; or
      2. made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004.
2. Subsection (1) does not apply to an appeal if—
   1. the Privy Council has not begun hearing the appeal; and
   2. all parties agree in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against the decision concerned.

51. Limitation on right to appeal to Supreme Court in certain existing proceedings

1. This subsection applies to a decision if—
   1. it was made by any New Zealand court before 1 January 2004; or
   2. it was made by the Court of Appeal after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004.
2. There is no right to appeal to the Supreme Court against a decision to which subsection (1) applies if—
   1. the Privy Council has already heard or begun hearing an appeal against it; or
   2. a New Zealand court has declined to give leave to appeal to the Privy Council against it and the Privy Council has not later given special leave to appeal against it; or
   3. the Privy Council has declined to give special leave to appeal against it; or
   4. all the parties to the proceeding in which it was made have not agreed in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against it.
3. Subsection (2) overrides sections 7 to 10.

52. Transitional effect of sections 42 and 49

1. The following applications must be determined as if sections 42 and 49 had not been enacted:
   1. all applications to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against—
      1. a decision of a New Zealand court made before 1 January 2004; or
      2. a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004:
   2. all applications to the Privy Council (whether made before, on, or after 1 January 2004) for special leave to appeal to it against—
      1. a decision of a New Zealand court made before 1 January 2004; or
      2. a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004.
2. All appeals that, by virtue of section 50(1), the Privy Council may hear and determine, or continue to hear and determine, must be heard and determined as if—
   1. sections 42 and 49 had not been enacted; and
   2. the reference in section 112(1) of the Credit Contracts and Consumer Finance Act 2003 to the Supreme Court included a reference to the Privy Council.

53. Transitional arrangements for leave applications

1. In subsection (2), leave application means an application to the Supreme Court for leave to appeal to the Supreme Court.
2. Until the commencement of the first rules made under section 51C of the Judicature Act 1908 (or under that section and section 409 of the Crimes Act 1961) containing provisions regulating the making of leave applications,—
   1. the rules for the time being in force under that section (or those sections), with all necessary modifications, apply to leave applications as if they were applications for leave to appeal to the Court of Appeal against a decision of the High Court; but
   2. the Chief Justice may issue practice directions—
      1. modifying the application of those rules to leave applications; or
      2. providing for any matter (relating to leave applications) that those rules do not provide for.
3. Until the appointment of the first Registrar of the Supreme Court, the Registrar and every Deputy Registrar or officer of the Court of Appeal is also the Registrar or a Deputy Registrar or officer of the Supreme Court.
4. Until the establishment of the first Supreme Court Registry, the Court of Appeal Registry is also the Supreme Court Registry.

54. No new rights of appeal against decisions made before 1 January 2004

1. A person does not have a right to appeal to a particular New Zealand court or the Privy Council on any grounds against a decision made before 1 January 2004 unless, when the decision was made, the person had the right to appeal against the decision to that court on those grounds.
2. Subsection (1) does not limit or affect the right of any person to appeal to a New Zealand court on any grounds against a decision made—
   1. on or after 1 January 2004; but
   2. on appeal against a decision—
      1. made before 1 January 2004; or
      2. made at any time on appeal against a decision made before 1 January 2004.

55. Hearings not to begin before 1 July 2004

1. The Supreme Court cannot begin hearing appeals until after 30 June 2004.
2. Before 1 July 2004, the Supreme Court can take any steps preliminary to hearing appeals, including considering and determining applications for leave to appeal to it, and interlocutory matters.

Schedules 1-4

[Schedules omitted due to length – full text available online at http://www.legislation.govt.nz/act/public/2003/0053/latest/whole.html#DLM214531]