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Senior Courts Act 2016

High Court - Jurisdiction of High Court

16: Certain civil proceedings may be tried by High Court Judge with jury

You could also call this:

"Some civil cases can be tried with a jury, like defamation or false imprisonment cases."

Illustration for Senior Courts Act 2016

You can have a jury in some civil cases. If you are involved in a case about defamation, false imprisonment, or malicious prosecution, you can ask for a jury. You need to give notice as set out in the High Court Rules. You can also ask for a jury if you are making a counterclaim in one of these types of cases. If you ask for a jury, the case will be tried with a jury. In some cases, a High Court Judge might decide not to have a jury. This could happen if the case involves complicated legal questions or needs a lot of time to look at documents or accounts. You can find more information by looking at the Senior Courts Act 2016 and other related laws. Some cases cannot be tried with a jury. If a case is about defamation, false imprisonment, or malicious prosecution, but also includes other issues, it will be tried without a jury. Only cases about defamation, false imprisonment, or malicious prosecution can be tried with a jury.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759322.

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Topics:
Crime and justice > Courts and legal help
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Part 2High Court
Jurisdiction of High Court

16Certain civil proceedings may be tried by High Court Judge with jury

  1. Any party to a proceeding for defamation, false imprisonment, or malicious prosecution may, on giving notice in accordance with the High Court Rules, require the proceeding to be tried by a High Court Judge with a jury.

  2. Any party to a counterclaim in a proceeding for defamation, false imprisonment, or malicious prosecution may, on giving notice in accordance with the High Court Rules, require the counterclaim to be tried by a High Court Judge with a jury.

  3. If a notice is given under subsection (1) or (2), the proceeding or counterclaim must be tried in accordance with the subsection that applies.

  4. A High Court Judge may, on the application of either party, order that a proceeding for defamation, false imprisonment, or malicious prosecution or any issue in the proceeding be tried before a Judge without a jury if it appears to the Judge before the trial that the trial of the proceeding or the issue will—

  5. involve mainly the consideration of difficult questions of law; or
    1. require any prolonged examination of documents or accounts, or any investigation in which difficult questions in relation to scientific, technical, business, or professional matters are likely to arise, being an examination or investigation that cannot conveniently be made with a jury.

      1. A proceeding for defamation, false imprisonment, or malicious prosecution that also contains other causes of action may be tried only before a High Court Judge without a jury.

      2. No civil proceeding other than for defamation, false imprisonment, or malicious prosecution may be tried by a High Court Judge with a jury.

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