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Epidemic Preparedness Act 2006

Other matters

24: Judges may modify rules of court during epidemic: Judge modifications in particular cases

You could also call this:

"Judges can change court rules during an epidemic to help with a case."

Illustration for Epidemic Preparedness Act 2006

When there is an epidemic, a Judge can change court rules in a particular case. You need to know that the Judge can make these changes if they think it is necessary for justice. The Judge can be from the High Court, Employment Court, or other courts. The Judge can make changes that are absolute or have conditions. They can also say what alternative things you can do to follow the rules. This means the Judge has the power to make decisions about how to apply the rules in a particular case. The changes the Judge makes do not have to follow the usual rules. The Judge can decide what is best for the case. You can find more information about the changes made to this law on the COVID-19 Response (Management Measures) Legislation Act 2021 website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM404606.

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Crime and justice > Courts and legal helpHealth and wellbeing > Public health
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23: Areas within which modification orders operate, or

"Where a modification order applies in New Zealand"

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24A: Judges may modify rules of court during epidemic: Head of Bench modifications in categories of proceedings, or

"Judges can change court rules during an epidemic to help keep people safe"

24Judges may modify rules of court during epidemic: Judge modifications in particular cases

  1. While an epidemic notice is in force, a Judge to whom subsection (2) applies (whether permanently appointed or temporary) may in any particular case modify any rule of court, and to any extent, that he or she thinks necessary in the interests of justice to take account of the effects of the quarantinable disease stated in the notice.

  2. This subsection applies to—

  3. a Judge of the High Court (whether acting as a Judge of the High Court or a Judge of the Court of Appeal or the Supreme Court):
    1. an Associate Judge of the High Court:
        1. a Judge of the Employment Court:
          1. a District Court Judge (including a District Court Judge exercising jurisdiction of a Family Court Judge or Youth Court Judge):
            1. a Judge of the Environment Court:
              1. a Judge of the Māori Land Court.

                1. A modification—

                2. may be absolute or subject to conditions; and
                  1. may be made by stating alternative means of complying with a requirement or restriction imposed by the rules.

                    1. Subsection (3) does not limit subsection (1).

                    Notes
                    • Section 24 heading: amended, on , by Schedule 6 clause 9(1) of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).
                    • Section 24(2)(ba): repealed, on , by Schedule 6 clause 9(2) of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).
                    • Section 24(2)(c): replaced, on , by Schedule 6 clause 9(2) of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).
                    • Section 24(2)(d): replaced, on , by Schedule 6 clause 9(2) of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).
                    • Section 24(2)(e): inserted, on , by Schedule 6 clause 9(2) of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).
                    • Section 24(2)(f): inserted, on , by Schedule 6 clause 9(2) of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).