Plain language law

New Zealand law explained for everyone

Criminal Records (Clean Slate) Act 2004

Clean slate scheme - Miscellaneous

22: Rules

You could also call this:

"Rules for how courts work under the Criminal Records Act"

Illustration for Criminal Records (Clean Slate) Act 2004

The Governor-General can make rules about how the District Court and other courts work under this Act. You can find more information about the District Court in the District Court Act 2016 and the Senior Courts Act 2016. The Governor-General must work with certain judges and a committee when making these rules. The rules can be about how to apply to the court or how to appeal a decision. If there are no rules about something, the court will follow the usual rules from the District Court Act 2016 or the Senior Courts Act 2016. You can also look at section 148 of the Senior Courts Act 2016 and section 228 of the District Court Act 2016 for more information about court rules. The Governor-General and the judges can change these rules if needed. They work together to make sure the rules are fair and follow the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293522.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

21: Relationship to other provisions, or

"How this law relates to other laws"

Next

23: Application of Legal Services Act 2011, or

"How the Legal Services Act applies to Clean Slate cases"

Part 2Clean slate scheme
Miscellaneous

22Rules

  1. In addition to the powers conferred by the District Court Act 2016, the Governor-General may, by Order in Council, with the concurrence of the Chief District Court Judge and any 2 or more members of the Rules Committee (established under section 155 of the Senior Courts Act 2016) of whom at least 1 is a District Court Judge,—

  2. make rules regulating the practice and procedure of the District Court under this Act; and
    1. without limiting paragraph (a), make rules regulating the manner in which applications may be made to the District Court under section 9 and section 10.

      1. In addition to powers conferred by the Senior Courts Act 2016, the Governor-General may, by Order in Council, with the concurrence of the Chief Justice and any 2 or more members of the Rules Committee (established under section 155 of the Senior Courts Act 2016) of whom at least 1 is a High Court Judge,—

      2. make rules regulating the practice and procedure of the High Court and the Court of Appeal under this Act; and
        1. without limiting paragraph (a), make rules regulating the manner in which appeals may be brought to the High Court and Court of Appeal under section 12(1) or (2).

          1. In the absence of any rules under this section, or in any situation not covered by any of those rules, the rules in relation to civil proceedings for the time being in force under the District Court Act 2016 or the Senior Courts Act 2016 (whichever is applicable) apply, with all necessary modifications, to the practice and procedure of courts under this Act.

          2. See section 148 of the Senior Courts Act 2016 and section 228 of the District Court Act 2016, which provide that court rules are secondary legislation.

          Notes
          • Section 22(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 22(1): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
          • Section 22(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 22(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 22(2): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
          • Section 22(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 22(3): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
          • Section 22(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).