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Building Societies Act 1965

Management and administration - Determination of disputes

113: Statement of case for High Court

You could also call this:

"Asking the High Court for help with a legal question in a dispute"

If you're involved in a dispute that's being heard by arbitrators or a District Court Judge, either you or the other party can ask for a legal question to be sent to the High Court for their opinion. This is called 'stating a case'.

When a case is stated for the High Court's opinion, a special rule from the Arbitration Act doesn't apply. This rule is called Clause 4 of Schedule 2, and it won't be used for these disputes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM372304.

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Crime and justice > Courts and legal help
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Part 7Management and administration
Determination of disputes

113Statement of case for High Court

  1. At the request of either party to the dispute, the arbitrators, or the District Court Judge where the District Court is hearing the dispute, may state a case for the opinion of the High Court on any question of law.

  2. Clause 4 of Schedule 2 of the Arbitration Act 1996 shall not apply to any dispute that is so referred.

Compare
  • 1908 No 18 s 40(1)
  • Building Societies Act 1962 s 98 (UK)
Notes
  • Section 113 heading: amended, on , pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
  • Section 113(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 113(1): amended, on , pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
  • Section 113(1): amended, on , by section 8(2)(d) of the Building Societies Amendment Act 1970 (1970 No 117).
  • Section 113(2): replaced, on , by section 17 of the Arbitration Act 1996 (1996 No 99).