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Senior Courts Act 2016

High Court - Constitution of High Court

11: Court offices

You could also call this:

"Opening and closing High Court offices"

Illustration for Senior Courts Act 2016

The Governor-General can decide to open a new High Court office in a place and on a date they choose by putting a notice in the Gazette. You can find the Gazette online or in libraries, it's like a newspaper that publishes official notices. The Governor-General can also close an existing High Court office by putting a notice in the Gazette. When an office is closed, the Minister can decide to move the documents and records to another office. The documents and records will be looked after by the Registrar of the new office. The Registrar of the new office can do the same things that the Registrar of the closed office could do. If a court case was happening in the closed office, it can continue in the new office. People can still do things they needed to do for the court case in the new office. If someone had given an address for court documents, they can still use that address, but they might need to give a new one if it's not correct. A High Court Judge can make decisions about how to apply the rules when an office is closed. The Judge can also make any orders they think are necessary. You can compare this to an old law from 1908 to see how the rules have changed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759316.

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Part 2High Court
Constitution of High Court

11Court offices

  1. The Governor-General may, by notice in the Gazette, declare that an office of the High Court is established at a place and on and after a date stated in the notice.

  2. The Governor-General may, by notice in the Gazette, abolish an office of the High Court.

  3. The following provisions apply on the abolition of an office of the High Court (the abolished office):

  4. the Minister may direct that the documents and records in the abolished office must be transferred to another office of the court (the substituted office):
    1. when delivered to the Registrar of the substituted office, the documents and records become subject to the custody of that Registrar:
      1. the Registrar of the substituted office may do anything that could under an enactment or a rule have been done by the Registrar of the abolished office:
        1. a step in a proceeding that could under an enactment or a rule have been taken in the abolished office may be taken in the substituted office:
          1. an act or a thing required or authorised by an enactment or a rule to be done by a person at the abolished office in relation to a proceeding or transaction or document may be done by a person at the substituted office:
            1. an address for service given by a party in relation to a proceeding in the abolished office continues to be the address for service of the party, but if the address does not comply with any enactment or rule the party must give a new address for service on first filing a document in the proceeding in the substituted office:
              1. a High Court Judge may—
                1. decide a question as to the application of this section or the procedure to be followed; and
                  1. make any order the Judge thinks fit.

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