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Senior Courts Act 2016

Supreme Court - Powers and judgments of Supreme Court

82: Orders and directions on interlocutory applications may be made or given by 1 Judge

You could also call this:

"A Judge can make decisions on some court applications during a case"

Illustration for Senior Courts Act 2016

You are in a court case at the Supreme Court. A Judge can make decisions on some applications. The Judge can make orders and give directions as they think fit. They can do this unless it is excluded. You need to know what an interlocutory application is. It is an application made during a court case. A Judge can make decisions on these applications. A Judge cannot make a decision that ends the court case. They also cannot make a decision on a main question in the case. But a Judge can review a decision made by the Registrar. The Registrar is an officer of the court. The Judge can look at the decision made under section 148. The Judge can then confirm, modify or revoke that decision. Other Judges can also discharge or vary an order made by one Judge. They can confirm, modify or revoke a decision made by one Judge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759422.

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"How the Supreme Court makes decisions"

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Part 4Supreme Court
Powers and judgments of Supreme Court

82Orders and directions on interlocutory applications may be made or given by 1 Judge

  1. In a proceeding before the Supreme Court, a permanent Judge of the court may, on an interlocutory application, make any order and give any direction that the Judge thinks fit (other than an order or a direction excluded by subsection (2)).

  2. Subsection (1) does not apply to an order or a direction that determines the proceeding or disposes of a question or an issue that is before the court in the proceeding.

  3. A permanent Judge of the Supreme Court may—

  4. review a decision of the Registrar made within the civil jurisdiction of the court under a power conferred on the Registrar by a rule made under section 148; and
    1. confirm, modify, or revoke that decision as the Judge thinks fit.

      1. The Judges of the Supreme Court who together have jurisdiction to hear and determine a proceeding may—

      2. discharge or vary an order or a direction made or given under subsection (1); or
        1. confirm, modify, or revoke a decision confirmed or modified under subsection (3).

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