Plain language law

New Zealand law explained for everyone

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 heard by a judge and jury."

Illustration for Senior Courts Act 2016

You can have a judge and jury for some civil cases. These cases are for defamation, false imprisonment, or malicious prosecution. You can ask for a judge and jury by giving notice. You can also ask for a judge and jury if someone is counterclaiming against you. The case will be tried with a judge and jury if you give notice. A judge can decide to have a trial without a jury. This happens if the case is mainly about difficult legal questions. It also happens if the case needs a long look at documents or scientific matters. Some cases cannot be tried with a jury. These are cases that have other causes of action besides defamation, false imprisonment, or malicious prosecution. Only certain cases can be tried with a judge and jury, and they are listed in the law, which you can find on the legislation website. You cannot have a judge and jury for other types of civil cases.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

15: When civil proceeding to be tried before Judge alone, or

"When a Judge Decides a Civil Case Alone"

Next

17: Question of foreign law must be decided by High Court Judge, or

"High Court Judge decides questions about laws from other countries"

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.

      Compare