Judicature Act 1908

• Jurisdiction: New Zealand
• Coming into Force: 01 January 2018
• End of Effective Date: 01 January 2018
• Record Number: DLM144692
• Year: 1908
• Citation: 1908 No 89
• Reference: 1908 No 89
• Act Number: 89
• Type of Document: Act

Contenidos

• Judicature Act 1908
• Preamble
• Contents
• 1 Short Title, etc
• 2 Interpretation
• Part 1
• 3 Supreme Court reconstituted as High Court
• 4 The Judges of the High Court
• 4A Chief High Court Judge
• 4B Functions of Chief High Court Judge
• 4C Judges of High Court act on full-time basis but may be authorised to act part-time
• 5 Senior Judge to act as Chief Justice in certain circumstances
• 6 Judges to be barristers or solicitors
• 7 Commissions of Judges to continue during good behaviour
• 8 Judges may be removed or suspended on address of both Houses of Assembly to the Queen
• 9 Governor may suspend Judge when Parliament not sitting
• 9A Salaries and allowances of Judges
• 10 Salaries of Judges not to be diminished
• 11 Temporary Judges
• 11A Former Judges
• 11B Certificate by Chief Justice and Chief High Court Judge
• 12 Superannuation allowance of Judges
• 13 Age of retirement
• 14 Rights on retirement before attaining retiring age
• 15 How superannuation allowances of the existing Judges to be computed
• 16 General jurisdiction
• 16A Power to award damages as well as, or in substitution for, injunction or specific performance
• 17 Jurisdiction as to mentally disordered persons, etc
• 17A Jurisdiction as to liquidation of associations
• 17B Application of Companies Act 1993
• 17C Meaning of inability to pay debts
• 17D Power of liquidator to enforce liabilities
• 17E Actions stayed on liquidation
• 18 No jurisdiction in cases of felonies or misdemeanours committed prior to 14 January 1840
• 19 Powers of the court may be exercised by 1 or more Judges
• 19A Certain civil proceedings may be tried by jury
• 19B All other civil proceedings to be tried before Judge alone, unless court otherwise orders
• 19C Questions of foreign law to be decided by Judge
• 20 Governor in Council may divide New Zealand into districts
• 21 Actions and proceedings to be taken in the district prescribed by the Code of Civil Procedure
• 22 How applications to be made when Judge absent or unable to act
• 23 Governor-General may appoint special sittings
• 23A Offices of the High Court
• 24 Registrar may act for Judge in certain cases
• 24A Establishment of commercial list
• 24B Proceedings eligible for commercial list
• 24C Commercial list Judges
• 24D Directions for speedy determination of real questions in proceedings on commercial list
• 24E Agreement not to appeal
• 24F Proceedings not to be tried by jury
• 24G Restriction of right of appeal from interlocutory decisions
• 25 Administrative Division of the High Court
• 26 Jurisdiction of Administrative Division
• 26A Lay members or assessors in certain cases
• 26B Rules relating to Administrative Division
• 26C Appointment of Associate Judges
• 26D Associate Judges act on full-time basis but may be authorised to act part-time
• 26E Vacation of office
• 26F Salaries and allowances of Associate Judges
• 26G Superannuation or retiring allowances of Associate Judges
• 26H Temporary Associate Judges
• 26I Associate Judge may exercise certain powers of the court
• 26IA Ancillary powers of Associate Judge
• 26IB Judge or Associate Judge may, by video link, preside at hearing of specified matters
• 26J Power to make rules conferring specified jurisdiction and powers of Judge in chambers on Associate Judges
• 26K Power of Associate Judge to deal with witnesses and to punish for contempt
• 26L Associate Judge to have no power to make order for committal, attachment, or arrest
• 26M Associate Judge may act as referee
• 26N Transfer of proceedings from Associate Judge to Judge
• 26O Power of Associate Judge to adjourn proceedings
• 26P Review of, or appeals against, decisions of Associate Judges
• 26Q Immunity of Associate Judges
• 26R Jurisdiction of Judge not affected
• 27 Appointment of officers
• 28 Powers of Registrars
• 29 Sheriffs and Deputy Sheriffs
• 30 Sheriff's oath
• 31 Sureties may withdraw
• 32 Duties, etc, of Sheriffs
• 33 Sheriff to act as Queen's bailiff
• 34 Sheriff not to act as barrister or solicitor
• 35 Service of process when Sheriff disqualified
• 36 Persons arrested by Sheriffs may be committed to prison at once
• 37 Calculation of Sheriff's poundage
• 38 Appointment of, and oath taken by, appraiser
• 39 Goods defined
• 40 Sheriffs' and poundage fees
• 41 Fee in special cases
• 42 Fees to be paid into Crown Bank Account
• 43 Where Sheriff not present at sitting of court, duties of Sheriff may be performed by any person appointed by the court or Judge
• 44 Provision in cases of vacancy in office of Sheriff
• 45 Governor may appoint Deputy Sheriffs
• 46 When Deputies to act
• 47 Commissioners to take affidavits, etc, out of New Zealand
• 48 Affidavits, etc, so taken to be of like effect as if taken in New Zealand
• 49 Commission may be revoked
• 50 Seal of the court
• 51 High Court Rules
• 51A Publication of High Court Rules under Legislation Act 2012
• 51B Rules Committee
• 51C Power to make rules
• 51D Rules of court under other Acts to be made in manner provided by this Act
• 51E Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court
• 51F Power to make rules conferring specified jurisdiction and powers of Judge on Registrars or Deputy Registrars
• 51G Jurisdiction of court to award costs in all cases
• 52 Power of Judge to hold or adjourn sitting
• 53 Fees to be paid into Crown Bank Account
• 54 Service of process on Sundays void
• 54A Verdict of three-fourths
• 54B Discharge of juror or jury
• 54C Procedure in respect of habeas corpus
• 55 Power under certain circumstances to arrest defendant about to quit New Zealand
• 56 Memorials of judgments obtained out of New Zealand may be registered
• 56A Failure of witness to attend
• 56B Refusal of witness to give evidence
• 56BB Witnesses entitled to expenses
• 56C Contempt of court
• 56CA Judicial review of decisions under Immigration Act 1987
• Part 1A
• 56D Interpretation
• 56DB Trans-Tasman Proceedings Act 2010 does not affect this Part
• 56DC Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part
• 56E High Court may order New Zealand proceedings to be heard in Australia
• 56F Australian counsel entitled to practise in High Court
• 56G High Court may set aside subpoena issued in New Zealand proceeding
• 56H Injunctions and orders in New Zealand proceedings
• 56I Issue of subpoenas in New Zealand proceedings
• 56J Powers of Federal Court of Australia
• 56K Issue of subpoenas in Australian proceedings
• 56L Failure of witness to comply with subpoena issued in Australian proceeding
• 56M Federal Court of Australia may administer oaths in New Zealand
• 56N Orders made by Federal Court of Australia not subject to review
• 56O Contempt of Federal Court of Australia
• 56P Arrangements to facilitate sittings
• 56Q Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings
• 56R High Court may take evidence at request of Federal Court
• 56S Power to make rules for purposes of this Part
• Part 2
• 57 Constitution of Court of Appeal
• 57A Judges of Court of Appeal act on full-time basis but may be authorised to act part-time
• 58 Court of Appeal to sit in divisions
• 58A Composition of criminal appeals division or divisions
• 58B Composition of civil appeals division or divisions
• 58C Assignment of Judges to divisions
• 58D Court of Appeal to sit as full court in certain cases
• 58E Cases of sufficient significance for full court
• 58F High Court Judges sitting on full court
• 58G Authority of High Court Judges
• 59 Judgment of Court of Appeal
• 60 Sittings of Court of Appeal
• 60A Court of Appeal may sit in divisions
• 61 Adjournment in cases of absence of some of the Judges
• 61A Incidental orders and directions...