Declaratory Judgments Act 1908

• Jurisdiction: New Zealand
• Citation: 1908 No 220
• Reference: 1908 No 220
• Record Number: DLM176192
• Act Number: 220
• Type of Document: Act

Contenidos

• Declaratory Judgments Act 1908
• Preamble
• Contents
• 1 Short Title
• 2 Declaratory judgments
• 3 Declaratory orders on originating summons
• 4 Effect of declaratory orders
• 5 Service of originating summons
• 6 Summons to be subject to rules of Court
• 7 Removal of summons into Court of Appeal
• 8 Appeal to Court of Appeal
• 9 Judgment or order in anticipation of any act or event
• 10 Jurisdiction discretionary
• 11 Declaratory judgments or orders in cases where Court cannot give relief
• 12 Decisions of Court of Appeal to bind all other Courts
• 13 Costs
• 1 General
• 2 About this consolidation
• 3 Amendments incorporated in this consolidation

Declaratory Judgments Act 1908

Changes authorised by subpart 2 of Part 3 of the Legislation Act 2019 have been made in this consolidation. See the notes at the end of this consolidation for further details.

This Act is administered by the Ministry of Justice.

Preamble

An Act to enable the High Court to give declaratory judgments or orders

Contents

1 Short Title

This Act may be cited as the Declaratory Judgments Act 1908.

2 Declaratory judgments

No action or proceeding in the High Court shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the said Court may make binding declarations of right, whether any consequential relief is or could be claimed or not.

3 Declaratory orders on originating summons

Where any person has done or desires to do any act the validity, legality, or effect of which depends on the construction or validity of any legislation, or any deed, will, or document of title, or any agreement made or evidenced by writing, or any memorandum or articles of association of any company or body corporate, or any instrument prescribing the powers of any company or body corporate; or

Where any person claims to have acquired any right under any such legislation, deed, will, document of title, agreement, memorandum, articles, or instrument, or to be in any other manner interested in the construction or validity thereof,—

such person may apply to the High Court by originating summons for a declaratory order determining any question as to the construction or validity of such legislation, deed, will, document of title, agreement, memorandum, articles, or instrument, or of any part thereof.

Section 3: amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

The words returnable in the said Court were omitted by section 2 Declaratory Judgments Amendment Act 1966 (1966 No 57).

4 Effect of declaratory orders

Any declaration so made on any such originating summons shall have the same effect as the like declaration in a judgment in an action, and shall be binding on the person making the application and on all persons on whom the summons has been served, and on all other persons who would have been bound by the said declaration if the proceedings wherein the declaration is made had been an action.

5 Service of originating summons

The High Court or a Judge thereof may direct that any such originating summons shall be served on such persons as the said Court or Judge thinks fit, and such direction may be given at the time when the summons is issued or subsequently.

6 Summons to be subject to rules of Court

Subject to the provisions of this Act and to any rules of Court hereafter made in accordance with the Senior Courts Act 2016, any such originating summons shall be subject to the rules...