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Evidence Act 2006

Preliminary provisions - Purpose, principles, and matters of general application

11: Inherent and implied powers not affected

You could also call this:

"This law doesn't change a court's existing powers unless it clearly says so."

Illustration for Evidence Act 2006

This Act does not change the powers a court already has, unless it says so. You need to know that courts have inherent and implied powers, which are powers they have always had. The Act only changes these powers if it specifically says it does.

When a court uses its inherent or implied powers, it must think about the purpose and principles outlined in sections 6, 7, and 8. These sections help guide the court's decisions. You can find more information about these principles in sections 6, 7, and 8.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393572.

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Part 1Preliminary provisions
Purpose, principles, and matters of general application

11Inherent and implied powers not affected

  1. The inherent and implied powers of a court are not affected by this Act, except to the extent that this Act provides otherwise.

  2. Despite subsection (1), a court must have regard to the purpose and the principles set out in sections 6, 7, and 8 when exercising its inherent or implied powers.