This Act may be cited as the Judicature Amendment Act 1972, and shall be read together with and deemed part of the Judicature Act 1908 (hereinafter referred to as the principal Act).
Judicature Amendment Act 1972
| Jurisdiction | New Zealand |
| Citation | 1972 No 130 |
| Reference | 1972 No 130 |
| Record Number | DLM408329 |
| Act Number | 130 |
| Type of Document | Act |
An Act to amend the Judicature Act 1908
This Part of this Act shall be deemed part of Part of the principal Act.
This Part of this Act shall come into force on the 1st day of January 1973.
In this Part of this Act, unless the context otherwise requires,—
Application for review means an application under subsection of section 4 of this Act
Decision includes a determination or order
Licence includes any permit, warrant, authorisation, registration, certificate, approval, or similar form of authority required by law
Person includes a corporation sole, and also a body of persons whether incorporated or not; and, in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power of decision, includes a District Court, , the Compensation Court, the Maori Land Court, and the Maori Appellate Court
Statutory power means a power or right conferred by or under any Act or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate—
- To make any regulation, rule, bylaw, or order, or to give any notice or direction having force as subordinate legislation; or
- To exercise a statutory power of decision; or
- To require any person to do or refrain from doing any act or thing that, but for such requirement, he would not be required by law to do or refrain from doing; or
- To do any act or thing that would, but for such power or right, be a breach of the legal rights of any person; or
- To make any investigation or inquiry into the rights, powers, privileges, immunities, duties, or liabilities of any person:
Statutory power of decision means a power or right conferred by or under any Act , or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate, to make a decision deciding or prescribing or affecting—
- The rights, powers, privileges, immunities, duties, or liabilities of any person; or
- The eligibility of any person to receive, or to continue to receive, a benefit or licence, whether he is legally entitled to it or not.
This Part of this Act is subject to the provisions of the relating to the jurisdiction of the Employment Court and High Court in respect of applications for review or proceedings for a writ or order of, or in the nature of, mandamus, prohibition, certiorari, or for a declaration or injunction against any body constituted by, or any person acting pursuant to, the .
On an application which may be called an application for review, the High Court may, notwithstanding any right of appeal possessed by the applicant in relation to the subject-matter of the application, by order grant, in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power, any relief that the applicant would be entitled to, in any one or more of the proceedings for a writ or order of or in the nature of mandamus, prohibition, or certiorari or for a declaration or injunction, against that person in any such proceedings.
Where on an application for review the applicant is entitled to an order declaring that a decision made in the exercise of a statutory power of decision is unauthorised or otherwise invalid, the Court may, instead of making such a declaration, set aside the decision.
Notwithstanding any rule of law to the contrary, it shall not be a bar to the grant of relief in proceedings for a writ or an order of or in the nature of certiorari or prohibition, or to the grant of relief on an application for review, that the person who has exercised, or is proposing to exercise, a statutory power was not under a duty to act judicially; but this subsection shall not be construed to enlarge or modify the grounds on which the Court may treat an applicant as being entitled to an order of or in the nature of certiorari or prohibition under the foregoing provisions of this section.
Where in any of the proceedings referred to in subsection of this section the Court had, before the commencement of this Part of this Act, a discretion to refuse to grant relief on any grounds, it shall have the like discretion, on like grounds, to refuse to grant any relief on an application for review.
Subsection of this section shall not apply to the discretion of the Court, before the commencement of this Part of this Act, to refuse to grant relief in any of the said proceedings on the ground that the relief should have been sought in any other of the said proceedings.
Without limiting the generality of the foregoing provisions of this section, on an application for review in relation to the exercise, refusal to exercise, or purported exercise of a statutory power of decision the Court if it is satisfied that the applicant is entitled to relief under subsection of this section, may, in addition to or instead of granting any other relief under the foregoing provisions of this section, direct any person whose act or omission is the subject-matter of the application to reconsider and determine, either generally or in respect of any specified matters, the whole or any part of any matter to which the application relates. In giving any such direction the Court shall—
- Advise the person of its reasons for so doing; and
- Give to him such directions as it thinks just as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.
If the Court gives a direction under subsection of this section it may make any order that it could make by way of interim order under section of this Act, and that section shall apply accordingly, so far as it is applicable and with all necessary modifications.
Where any matter is referred back to any person under subsection of this section, that person shall have jurisdiction to reconsider and determine the matter in accordance with the Court's direction notwithstanding anything in any other enactment.
Where any matter is referred back to any person under subsection of this section, the act or omission that is to be reconsidered shall, subject to any interim order made by the Court under subsection of this section, continue to have effect according to its tenor unless and until it is revoked or amended by that person.
In reconsidering any matter referred back to him under subsection of this section the person to whom it is so referred shall have regard to the Court's reasons for giving the direction and to the Court's directions.
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