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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 will know when this happens because the Governor-General will make it official in the Gazette. The Governor-General can also close a High Court office by putting a notice in the Gazette. When a High Court office is closed, the Minister can decide to move the documents and records to another office. You can think of this other office as a substitute for the closed one. The documents and records will be looked after by the Registrar of the substitute office. The Registrar of the substitute office can do all the things the Registrar of the closed office could do. This means a step in a court case that could have been done in the closed office can now be done in the substitute office. A person can also do things in the substitute office that they could have done in the closed office, like filing documents or serving court papers. If you gave an address for court papers to be sent to you when the office was still open, that address will still work, but you might need to give a new address if it does not meet the rules. A High Court Judge can make decisions about how to apply these rules and can make any orders they think are necessary. You can find more information about this by looking at s 23A of a related law.

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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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