Judicature Act 1908
Preamble
An Act to consolidate certain enactments of the Parliament of New Zealand relating to the High Court and the Court of Appeal, and to certain rules and provisions of law in judicial matters generally
1. Short Title, etc
- The Short Title of this Act is the Judicature Act 1908.
- This Act is a consolidation of the enactments mentioned in Schedule 1.
- Without affecting the specific saving provisions of this Act, it is hereby declared as follows:
- all Proclamations, Orders in Council, districts, offices, appointments, commissions, patents, scales of fees, rules, regulations, orders, registers, records, instruments, and generally all acts of authority which originated under any of the enactments mentioned in Schedule 1 or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated:
- all actions, matters, and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
- This Act is divided into Parts, as follows:
- Part 1: The High Court. (Sections 3 to 56.)
Part 1A: Special provisions applying to certain proceedings in the High Court and the Federal Court of Australia. (Sections 56D to 56S.) Part 2: The Court of Appeal. (Sections 57 to 75.) Part 3: Rules and provisions of law in judicial matters generally. (Sections 76 to 101.)
- Part 1: The High Court. (Sections 3 to 56.)
2. Interpretation
In this Act, unless the context otherwise requires,—
- Associate Judge means an Associate Judge of the High Court
Chief High Court Judge— - means the person holding that office under section 4A; and
- includes a Judge of the High Court acting in place of the Chief High Court Judge under section 4A(5)
civil proceedings means any proceedings in the court, other than criminal proceedings court means the High Court of New Zealand Court of Appeal Rules means rules which are made under section 51C and which regulate the practice and procedure of the Court of Appeal (including the practice and procedure on civil appeals from any court or person to the Court of Appeal); and includes the Court of Appeal (Civil) Rules 2005 defendant means a person served or intended to be served with any application to the court for the exercise of its civil or criminal jurisdiction existing means existing on the coming into operation of this Act High Court Rules means the rules from time to time set out in Schedule 2 inferior court means any court of judicature within New Zealand of inferior jurisdiction to the High Court interlocutory application— - means any application to the court in any civil proceedings or criminal proceedings or intended civil proceedings or intended criminal proceedings for an order or a direction relating to a matter of procedure or, in the case of civil proceedings, for some relief ancillary to that claimed in a pleading; and
- includes an application for a new trial; and
- includes an application to review an order made, or a direction given, on any application to which paragraph (a) or paragraph (b) applies
Judge means a Judge of the High Court judgment includes decree medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine plaintiff means a person who makes an application (other than an interlocutory application) to the court for the exercise of its civil or criminal jurisdiction Supreme Court means the Supreme Court of New Zealand established by section 6 of the Supreme Court Act 2003.
