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Senior Courts Act 2016

High Court - Jurisdiction of Associate Judges

26: Transfer of proceeding to High Court Judge

You could also call this:

"When to Send a Case to a High Court Judge"

Illustration for Senior Courts Act 2016

You can ask an Associate Judge to send a case to a High Court Judge if it is too complex. The Associate Judge can do this on their own or if someone involved in the case asks them to. A High Court Judge can also decide to take over a case from an Associate Judge if they think it is necessary. You can ask a High Court Judge to take over a case that is being handled by an Associate Judge. The High Court Judge can decide to do this if they think it is a good idea. They can then handle the case themselves or send it back to the Associate Judge with instructions. A High Court Judge has the power to make a final decision on a case or send it back to the Associate Judge. They can also give the Associate Judge directions on how to handle the case. You can find more information about this by looking at the related legislation https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM146413

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759334.

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Crime and justice > Courts and legal help
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"Asking an Associate Judge to help make decisions in a court case"

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"Challenging an Associate Judge's decision in court"

Part 2High Court
Jurisdiction of Associate Judges

26Transfer of proceeding to High Court Judge

  1. An Associate Judge may, on the application of a party to a proceeding before the Associate Judge or on the Associate Judge's own initiative, refer the proceeding or a matter in the proceeding to a High Court Judge if the Associate Judge is satisfied that because of the complexity of the proceeding or matter it is desirable to do so.

  2. A High Court Judge may, on the application of a party to a proceeding that is being or is to be dealt with by an Associate Judge, order that the proceeding or any part of it be transferred to and dealt with by a High Court Judge if the Judge making the order is satisfied that it is desirable to do so.

  3. A High Court Judge may—

  4. dispose of the proceeding; or
    1. refer the proceeding or matter back to the Associate Judge with any directions the High Court Judge thinks fit.

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