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IP29 Review of the Judicature Act 1908: towards a consolidated Courts Act

Law Commission Issues Paper 29 cover image.

General information
- About the Law Commission
- Foreword
Call for submissions
Part 1: Introduction
Chapter 1 - The legislative landscape
- The Judicature Act 1908
- Objective of this review
- Judicature Amendment Act 1972
- Parts of this issues paper
Chapter 2 - The present New Zealand courts
- Structure
- District Courts
- High Court
- Court of Appeal
- Supreme Court
Part 2: Judges
Chapter 3 - Judicial appointments
- Introduction
- Current legislative provisions
- Appointment by the Governor-General
- Advice to the Governor-General
- Consultation
- Criteria for appointment
- Part-time appointments
- Formal constraints
- Acting judges
- Judicial recusal
Chapter 4 - Leadership and accountability
- Responsibility and accountability
- Court staff exercising judicial functions
Chapter 5 - Some judicial powers
- Introduction
- Contempt
- Wasted costs in civil proceedings
Part 3: The courts
Chapter 6 - The District Courts
- A Single national District Court?
- Civil jurisdiction
- Consolidation of the District Courts Act 1947
Chapter 7 - The commercial list and specialisation in the High Court
- Introduction
- The commercial list
- Specialisation
- Options for reform
- Our provisional view
Chapter 8 - High Court Rules
- Issues
Chapter 9 - Civil jury trials in the High Court
- Introduction
- The current law in New Zealand
- Use of civil jury trials in New Zealand
- Civil jury trials in other jurisdictions
- Issues
- Options for reform
Chapter 10 - Court of Appeal
- Introduction
- Composition of the Court of Appeal
- Miscellaneous provisions
- Trial at bar: section 69
Chapter 11 - Appellate pathways
- Issues
Part 4: Other provisions of the Judicature Act
Chapter 12 - Equity and the common law: section 99
- Introduction
- Legislative history
- Application of the provision
- Should section 99 be retained?
Chapter 13 - Miscellaneous provisions of the Judicature Act 1908
- Introduction
- Part 1 - The High Court
- Part 1A - Trans-Tasman proceedings
- Part 3 - General rules and provisions
Chapter 14 - The commercial provisions in the Judicature Act 1908
- Introduction
- Sections 17A to 17E: Liquidation of associations
- Sections 84 to 86: Sureties
- Section 88: Lost instruments
- Section 90: Stipulations in contracts as to time
- Section 92: Discharge of debt by acceptance of part in satisfaction
- Sections 94A and 94B: Payments under mistake
- Options for location of commercial provisions
Part 5: Representation
Chapter 15 - Representation and other participants
- Introduction
- Other participants
- Payment of costs
Chapter 16 - Vexatious actions
- Introduction
- The New Zealand experience
- Graduated system of orders
- Amending section 88B
Questions
Appendix 1 - Draft Judicial Review (Statutory Powers) Procedure Bill
Appendix 2 - Draft Courts Bill - Judges
Appendix 3 - Draft Courts Bill - Contempt in the face of the court
Appendix 4 - Draft Courts Bill - Wasted costs

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