Senior Courts Act 2016

High Court - Jurisdiction of Associate Judges

20: Associate Judge may exercise certain powers of High Court

You could also call this:

"An Associate Judge can make some decisions like a High Court Judge."

Illustration for Senior Courts Act 2016

You are an Associate Judge in New Zealand. You have the power to make decisions in certain cases. These cases include applications for summary judgment and reinstating a company to the Register of Companies. You can also make decisions under the Insolvency Act 1967 and the Admiralty Act 1973. You have the same powers as a High Court Judge in some cases. These cases are listed in laws such as the Arbitration Act 1996 and the Companies Act 1993. You can also make decisions about costs and other matters related to the cases you hear. You can adjourn a case even if you do not have the power to make a decision in that case. Rules can be made to help you exercise your powers properly. These rules can be made under section 148 or other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759328.

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Part 2High Court
Jurisdiction of Associate Judges

20Associate Judge may exercise certain powers of High Court

  1. An Associate Judge has the jurisdiction and powers of the High Court in relation to the following matters:

  2. an application for summary judgment:
    1. reinstating a company to the Register of Companies:
      1. any matter arising under the Insolvency Act 1967:
        1. case management of proceedings under the Admiralty Act 1973:
          1. a proceeding in which relief is claimed solely under any of sections 142, 143, 146, 177, 178, and 180 of the Land Transfer Act 2017 (which relate to caveats):
            1. an assessment of damages where liability has been determined or the trial of a proceeding in which only the amount of a debt or damages is in dispute:
              1. the entry of a judgment by consent or the making of an order by consent:
                1. the making of an order (other than an arrest order or an order relating to an arrest order) that may be made under the High Court Rules against a judgment debtor who has been ordered to attend the court for an examination:
                  1. the making, variation, suspension, or discharge of an attachment order under the High Court Rules:
                    1. any other matter that an Associate Judge has jurisdiction to deal with under an enactment.
                      1. An Associate Judge has the jurisdiction and powers of the court or a High Court Judge under the following enactments:

                      2. article 11 of Schedule 1 of the Arbitration Act 1996:
                        1. sections 123, 154, 165 to 168, 173, 179, 232 to 234, 236 to 238, Part 15A, Part 16, and section 329 of the Companies Act 1993:
                          1. section 42(2) of the Corporations (Investigations and Management) Act 1989:
                            1. the Insolvency Act 2006 (except sections 150, 166(3), 180, and 236(2)):
                              1. regulations or rules made under the Insolvency Act 2006:
                                1. regulations relating to liquidations made under the Companies Act 1993:
                                  1. sections 118, 128, 131, 167, 168, 170, 179, 181, 182, and 186 of the Personal Property Securities Act 1999:
                                    1. the Model Law on Cross-Border Insolvency as set out in Schedule 1 of the Insolvency (Cross-border) Act 2006:
                                      1. subpart 2 of Part 2 and sections 25 and 26(1) and (2) of the Contempt of Court Act 2019:
                                        1. section 89 of the Limited Partnerships Act 2008.
                                          1. An Associate Judge may adjourn a proceeding even though the Associate Judge does not have jurisdiction in relation to the proceeding.

                                          2. An Associate Judge has the jurisdiction and powers of the court to deal with costs and other matters incidental to the matters over which the Associate Judge has jurisdiction under this section.

                                          3. Rules made under section 148 or under any other Act in the same manner as rules under that section may contain any provisions that may be necessary to enable the proper exercise by Associate Judges of the jurisdiction and powers conferred by this section.

                                          Compare
                                          Notes
                                          • Section 20(1)(e): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                                          • Section 20(2)(i): inserted, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).
                                          • Section 20(2)(j): inserted, on , by section 120 of the Statutes Amendment Act 2022 (2022 No 75).