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Senior Courts Act 2016

High Court - Jurisdiction of High Court

18: Proceedings in place of writs

You could also call this:

"Going to the High Court for help instead of using a writ"

Illustration for Senior Courts Act 2016

You can go to the High Court for help if you need something done that used to be done with a writ. The High Court can still help you, but they will not issue a writ. Instead, they will give you a judgment or an order as per the Senior Courts Act 2016 and the High Court Rules. You can get relief or a remedy from the High Court, but you have to follow the rules set out in the Senior Courts Act 2016 and the High Court Rules. This means you have to start and carry out your proceeding in a certain way. The High Court's decision will be based on this Act and the High Court Rules. There are some exceptions to this rule, such as if you are applying for a writ of habeas corpus under the Habeas Corpus Act 2001. You also can't use this rule for a writ of execution to enforce a judgment or order, or for any writ that helps with a writ of execution. The High Court Rules can affect how this exception works. The High Court will follow the rules when making decisions about these exceptions. This is all part of the Senior Courts Act 2016 and how the High Court works. You can find more information about the rules and how they apply to your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759324.

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Part 2High Court
Jurisdiction of High Court

18Proceedings in place of writs

  1. This section applies in any case where, before the commencement of the Judicature Amendment Act (No 2) 1985,—

  2. the High Court had jurisdiction to grant relief or a remedy or do any other thing by way of a writ; or
    1. the High Court could issue a writ for the commencement or conduct of a proceeding or in relation to a proceeding.

      1. If this section applies,—

      2. the court continues to have jurisdiction to grant the relief or remedy or to do the thing; but
        1. the court may not issue the writ; and
          1. the court may grant the remedy or relief or do the thing by way of a judgment or an order in accordance with this Act and the High Court Rules; and
            1. a proceeding for the remedy or relief or for the court to do the thing must be commenced and conducted in accordance with this Act and the High Court Rules.

              1. This section does not apply to—

              2. a writ of habeas corpus under the Habeas Corpus Act 2001; or
                1. any writ of execution for the enforcement of a judgment or an order of the court; or
                  1. any writ in aid of any writ of execution.

                    1. Subsection (3) is subject to the High Court Rules.

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