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Acts
Senior Courts Act 2016
High Court
Miscellaneous matters
41: Witness not required to attend hearing of civil proceeding unless allowances and expenses paid

Part 1:
Preliminary provisions

3Purposes 4Interpretation 5This Act binds the Crown

Part 2:
High Court

Part 3:
Court of Appeal

Constitution

45Court of Appeal continued 46Seal 47Court of Appeal to sit in divisions 48Composition of divisions 49Powers exercisable by Judges 50Court of Appeal to sit as full court in certain cases 51Cases of sufficient significance for full court 52Authority of High Court Judges to act as Judges of Court of Appeal 53Judgment of Court of Appeal 54Sessions of Court of Appeal 55Adjournments

Jurisdiction

56Jurisdiction 57Court of Appeal may remit proceeding to High Court 58Judgment of Court of Appeal may be enforced by High Court 59Transfer of civil proceeding from High Court to Court of Appeal 60Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court 61Reasons for granting or refusing leave to appeal 62Procedure if Judges absent

Registrar and other officers of Court of Appeal

63Appointment of Registrar, Deputy Registrars, and other officers of Court of Appeal 64Powers of Registrar and Deputy Registrars

Part 4:
Supreme Court

Preliminary matters

65Interpretation

Constitution of Supreme Court

66Supreme Court continued 67Seal

Jurisdiction of Supreme Court

68Appeals against decisions of Court of Appeal in civil proceedings 69Appeals against decisions of High Court in civil proceedings 70Appeals against decisions of other courts in civil proceedings 71Appeals against decisions in criminal proceedings 72Procedural requirements

Leave to appeal

73Appeals to be by leave 74Criteria for leave to appeal 75No direct appeal from court other than Court of Appeal unless exceptional circumstances established 76Applications for leave 77Court to state reasons for refusal to give leave

Powers and judgments of Supreme Court

78Appeals to proceed by way of rehearing 79General powers 80Power to remit proceeding 81Exercise of powers of court 82Orders and directions on interlocutory applications may be made or given by 1 Judge 83Presiding Judge 84Procedure if Judges absent 85Judgment of Supreme Court 86Decisions of Supreme Court may be enforced by High Court

Registrar and other officers of Supreme Court

87Appointment of Registrar, Deputy Registrar, and other officers of Supreme Court 88Powers of Registrar

Part 5:
Senior court Judges

Head Judges

89Head of New Zealand judiciary 90Head of Supreme Court 91Head of Court of Appeal 92Head of High Court

Judicial appointment process

93Attorney-General to publish information concerning judicial appointment process

Eligibility for appointment

94Eligibility for appointment as Judge or Associate Judge 95Eligibility for appointment as Court of Appeal Judge 96Eligibility for appointment as Supreme Court Judge 97Eligibility for appointment as Chief High Court Judge 98Eligibility for appointment as President of Court of Appeal 99Eligibility for appointment as Chief Justice

Appointments

100Judges appointed by Governor-General 101Appointment as permanent Judge 102High Court Judge or Associate Judge may not hold lower judicial office 103Court of Appeal Judge continues as Judge of High Court 104Supreme Court Judge continues as Judge of High Court but no other court 105Terms and conditions of appointment not to be changed without consent

Part-time Judges

106Attorney-General may authorise Judges to sit part-time

Acting Judges

107Acting Chief Justice 108Acting President of Court of Appeal 109Acting Chief High Court Judge 110Appointment of acting Judges of Supreme Court by Chief Justice 111Appointment of acting Judges of Supreme Court by Governor-General 112Appointment of acting Judges of Court of Appeal 113Appointment of acting Judges of High Court 114Appointment of acting Associate Judges 115Requirements before Attorney-General gives advice on appointment of acting Judge 116Term of appointment of acting Judges appointed by Governor-General 117Term of appointment of acting Associate Judges 118Jurisdiction, powers, protections, etc, of acting Judges 119Conclusive proof of authority to act

Seniority of Judges

120Chief Justice most senior Judge 121Seniority of Supreme Court Judges 122Seniority of Court of Appeal Judges 123Seniority of High Court Judges 124Permanent Judges senior to acting Judges 125Seniority of acting Judges 126Seniority of Associate Judges

Tenure of office

127Tenure of Chief Justice 128Tenure of President of Court of Appeal 129Tenure of Chief High Court Judge 130Tenure of Supreme Court Judges, Court of Appeal Judges, High Court Judges, and Associate Judges 131Resignation 132Governor-General must approve certain resignations 133Judges to retire at 70 years 134Removal from office

Salaries and allowances

135Remuneration of Judges 136Salaries and allowances of part-time Judges 137Salaries and allowances of acting Judges 138Superannuation of acting Judges 139Superannuation or retiring allowances of Associate Judges 140Higher duties allowance 141Salary of Judge not to be reduced

Restrictions

142Judge not to undertake other employment or hold other office 143Protocol relating to activities of Judges 144Judge not to practise as lawyer

Part 6:
Rules of court and miscellaneous provisions

Rules of practice and procedure

145Purpose of rules of practice and procedure 146High Court Rules 147High Court Rules part of Act 148Rules of practice and procedure generally 149Rules of practice and procedure of High Court 150Rules of practice and procedure of Court of Appeal and Supreme Court 151Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars 152Rules of practice and procedure under other Acts 153Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court 154Publication of High Court Rules under Legislation Act 2012 155Rules Committee

Regulations

156Regulations 157Regulations providing for waiver, etc, of fees 158Postponement of fees 159Manner in which section 157 or 158 applications to be made 160Review of Registrar's decision concerning fees 161Judge or Registrar may waive certain fees

Costs

162Jurisdiction of court to award costs in all cases

Appointment of technical advisers

163Court of Appeal and Supreme Court may appoint technical advisers 164Appointment and other matters

Striking out or otherwise dealing with plainly abusive civil proceeding

164ARegistrar may refer plainly abusive civil proceeding to Judge 164BJudge’s powers to make orders and give directions in respect of plainly abusive civil proceeding

Automatic restraint on commencing or continuing civil proceeding

164CAutomatic restraint on persons from commencing or continuing civil proceeding

Contempt

165Contempt of court

Order restricting commencement or continuation of proceeding

166Judge may make order restricting commencement or continuation of proceeding 167Grounds for making section 166 order 168Terms of section 166 order 169Procedure and appeals relating to section 166 orders

Reserved judgments

170Reserved judgments

Recusal

171Recusal guidelines

Foreign creditors

172Memorials of judgments obtained out of New Zealand may be registered

Access to information

173Access to court information, judicial information, or Ministry of Justice information 174Sharing of permitted information with other agencies 175Requirements that Registrars disclose information

Payment of fees collected

176Fees to be paid into Crown Bank Account

Provisions and rules of general application

177Judicial officers to continue in office to complete proceedings 178Costs where intervener or counsel assisting court appears 179Judgment against one of several persons jointly liable not a bar to action against others 180Rules of equity prevail over rules of common law

Discharge of jurors

181Discharge of juror or jury

Repeals, revocations, consequential amendments, and savings and transitional provisions

182Repeals 183Consequential amendments 184Regulations continued 185Rules continued 186Transitional provisions

Schedule 1:
Consequential amendments to High Court Rules 2016

Schedule 2:
Categories of information for purposes of sections 173 and 174

Schedule 3:
Consequential amendments relating to Senior Courts

Schedule 4:
Consequential amendments relating to new publishing requirements for High Court Rules, etc

Schedule 5:
Transitional provisions relating to Senior Courts

Summary of changes

Senior Courts Act 2016

High Court - Miscellaneous matters

41: Witness not required to attend hearing of civil proceeding unless allowances and expenses paid

You could also call this:

"You don't have to go to court unless you get paid for your time and travel."

You do not have to go to a court hearing for a civil case unless you get paid for your time and travel costs. This payment must follow the rules made under the Criminal Procedure Act 2011. You should get this payment when you are told to go to court or a reasonable time before the hearing.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759351.

This page was last updated on 9 February 2026 — View changes

Topics:

Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection

40: Arrest of defendant about to leave New Zealand, or

"Stopping someone from leaving New Zealand to avoid paying a debt"

42: Failure of witness to attend, or

"What happens if a witness doesn't show up to court"

Part 2High Court
Miscellaneous matters

41Witness not required to attend hearing of civil proceeding unless allowances and expenses paid

A witness is not required to attend the hearing of a civil proceeding in the High Court unless allowances and travelling expenses in accordance with regulations made under the Criminal Procedure Act 2011 have been paid or tendered to the witness—
at the time of service on the witness of the subpoena; or
a reasonable time before the hearing.

Compare

1908 No 89 s 56A(3)