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Epidemic Preparedness Act 2006

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

You could also call this:

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

Illustration for Epidemic Preparedness Act 2006

When there is an epidemic, a Head of Bench can change court rules. You can think of a Head of Bench as a top judge in a court. They can make these changes to help with the effects of the epidemic. A Head of Bench can change the rules for a type of case in their court. They can make the changes absolute or with conditions. They can also say there are alternative ways to follow the rules. These changes are a type of law, see Part 3 of the Legislation Act 2019 for more information. If the changes are for the High Court, they are not drafted by the PCO under section 67(d)(ii) of that Act. A Head of Bench is a top judge in a court, like the Chief Justice or the Chief High Court Judge. They can make changes to help with the epidemic, and these changes can be different for different courts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS595086.

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

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24AJudges may modify rules of court during epidemic: Head of Bench modifications in categories of proceedings

  1. While an epidemic notice is in force, a Head of Bench (whether permanently appointed or temporary) may, for any category of proceedings in or before that Judge’s court, 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. A modification made under this section—

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

      2. A modification made under this section—

      3. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
        1. if it relates to the High Court Rules, is not to be drafted by the PCO under section 67(d)(ii) of that Act.

          1. In this section,—

            District Court—

            1. includes the division of that court known as the Family Court; and
              1. includes the division of that court known as the Youth Court; but
                1. excludes the division of that court known as the Disputes Tribunal

                  Head of Bench means,—

                  1. in relation to the Supreme Court, the Chief Justice:
                    1. in relation to the Court of Appeal, the President of the Court of Appeal:
                      1. in relation to the High Court, the Chief High Court Judge:
                        1. in relation to the Employment Court, the Chief Judge of the Employment Court:
                          1. in relation to the District Court, the Chief District Court Judge:
                            1. in relation to the Environment Court, the Chief Environment Court Judge:
                              1. in relation to the Māori Land Court, the Chief Judge of the Māori Land Court.

                              Notes
                              • Section 24A: inserted, on , by Schedule 6 clause 10 of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).