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Senior Courts Act 2016

Supreme Court - Powers and judgments of Supreme Court

84: Procedure if Judges absent

You could also call this:

"What happens in court if some Judges are absent"

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If some Judges of the Supreme Court are absent, you need to know what happens next. You are involved in a court case and some of the Judges are not available because they have died or are unable to be there. The remaining Judges decide what to do. The remaining Judges can choose to adjourn or rehear the case, or let it continue. If they decide to let it continue, they can make decisions on the case and any smaller applications related to it. They can also decide who pays the costs. If a Judge dies or becomes unavailable while the court is waiting to make a decision, the remaining Judges must decide what to do. They can choose to finish the decision or start the case again. If some Judges are absent when the court is supposed to sit, the Judges who are present can adjourn the session. If no Judges are present, the Registrar of the Supreme Court must adjourn the session and decide when and where the next session will be. You can find more information about this in section 85(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759424.

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"The person in charge of the Supreme Court"

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Part 4Supreme Court
Powers and judgments of Supreme Court

84Procedure if Judges absent

  1. This section applies if, because of the death or unavailability of 1 or 2 of the Judges of the Supreme Court who are about to begin or have begun hearing a proceeding, only 3 or 4 of those Judges remain available to hear and determine the proceeding.

  2. The remaining Judges must decide whether the proceeding must be adjourned or reheard, or may continue.

  3. If the remaining Judges decide that the proceeding may continue,—

  4. they may—
    1. act as the Supreme Court in relation to the proceeding and hear and determine the proceeding; and
      1. make any order or decision on any interlocutory application; and
        1. make any order or decision as to costs; and
        2. a reference in section 85(1) to a majority of the Judges hearing the proceeding must be read as a reference to a majority of those remaining Judges.

          1. If the death or unavailability occurs while judgment is reserved in the proceeding, the remaining Judges must decide—

          2. whether the judgment should be produced or completed, and (if so) who should produce or complete the judgment; or
            1. whether the proceeding should be reheard.

              1. If, at the time appointed for a session of the Supreme Court, 1 or more Judges are absent, the Judge or Judges present may adjourn or further adjourn the session to some other time.

              2. If none of the Judges of the Supreme Court is present at the time appointed for a session of the court, the Registrar of the Supreme Court must adjourn the session and may determine the time and place of the next session.

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