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Senior Courts Act 2016

High Court - Jurisdiction of Associate Judges

22: Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers

You could also call this:

"Rules that let Associate Judges make some decisions like a High Court Judge"

Illustration for Senior Courts Act 2016

You can have rules that let Associate Judges make some decisions like a High Court Judge. These rules are made under section 148. The rules can say what the Associate Judges can and cannot do. You can have rules that limit what Associate Judges can do. The rules can also include things that help Associate Judges make good decisions. But there are some things that Associate Judges cannot do, even with rules. There are specific laws that Associate Judges cannot make decisions about, such as the Care of Children Act 2004, the Admiralty Act 1973, and the Judicial Review Procedure Act 2016. These laws are important and have their own rules. Associate Judges have to follow these rules when making decisions. The rules can help Associate Judges make good decisions, but they cannot do everything. There are still some things that only a High Court Judge can decide. You should look at the specific rules to see what Associate Judges can and cannot do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759330.

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"What an Associate Judge can and can't do in court"

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Part 2High Court
Jurisdiction of Associate Judges

22Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers

  1. Rules made under section 148 and rules made under any other Act in the manner provided in that section may confer on an Associate Judge the jurisdiction and powers of a High Court Judge in chambers specified in the rules.

  2. The rules may specify limitations and restrictions on the jurisdiction and powers.

  3. The rules may contain any provisions that may be necessary to enable the proper exercise by Associate Judges of the jurisdiction and powers so conferred.

  4. Despite subsection (1), no rules may be made that confer on Associate Judges jurisdiction and power in relation to any of the following:

  5. a criminal proceeding other than an uncontested application for bail or an application to set aside a witness summons:
    1. an application for a writ of habeas corpus:
      1. a proceeding for the issue or renewal of a writ of sequestration:
        1. a proceeding under the Care of Children Act 2004:
          1. an action in rem under the Admiralty Act 1973:
            1. an application to review, or appeal against, the exercise, or the refusal to exercise, by a Registrar or a Deputy Registrar of any jurisdiction or power conferred on a Registrar or Deputy Registrar by this Act or any other enactment:
              1. an application for a search order or an interlocutory or a permanent injunction:
                1. an application for review or other relief under the Judicial Review Procedure Act 2016:
                  1. a proceeding for a writ or an order in the nature of mandamus, prohibition, or certiorari, or for a declaration or an injunction:
                    1. a proceeding to remove a person from public office:
                      1. a proceeding to try the right of a person to hold public office.

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