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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 without needing a writ"

Illustration for Senior Courts Act 2016

You can go to the High Court to get help with something, even if it used to need a writ. The court can still help you, but it will not issue a writ. Instead, the court will give you a judgment or an order, and you must follow the rules of the High Court. If you need help with something that the High Court used to do with a writ, you can still get help. The court will do what it needs to do, but it will use a judgment or an order instead of a writ. You must start and run your case according to the rules of the High Court and this Act. There are some exceptions, like if you are asking for a writ of habeas corpus under the Habeas Corpus Act 2001. The court will not use this section for some types of writs, like those for enforcing a judgment or order. The High Court Rules can affect how this section works. You should look at the rules of the High Court to see how this works in practice, and check the Judicature Amendment Act (No 2) 1985 for more information.

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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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