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Senior Courts Act 2016

Rules of court and miscellaneous provisions - Rules of practice and procedure

148: Rules of practice and procedure generally

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"Rules for how senior courts work"

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The Governor-General can make rules for the senior courts. You need to know these rules are about the purpose stated in section 145. The Governor-General must get agreement from the Chief Justice and other members of the Rules Committee. The power to make rules includes changing or getting rid of existing rules. You can find more information about publication requirements in Part 3 of the Legislation Act 2019. Rules made under this section are secondary legislation. The Governor-General can also fix scales of costs. Rules of practice and procedure for a senior court under any other enactment are also secondary legislation. These rules are important for the senior courts to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759504.

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Part 6Rules of court and miscellaneous provisions
Rules of practice and procedure

148Rules of practice and procedure generally

  1. The Governor-General may, by Order in Council, make rules of practice and procedure for each of the senior courts relating to the purpose stated in section 145.

  2. Rules may be made only with the concurrence of the Chief Justice and 2 or more members of the Rules Committee of whom at least 1 is a Judge of the High Court.

  3. The power to make rules includes the power to—

  4. alter, amend, add to, or revoke existing High Court Rules, other rules of the High Court, rules of the Court of Appeal, or rules of the Supreme Court; and
    1. revoke existing High Court Rules, other rules of the High Court, rules of the Court of Appeal, or rules of the Supreme Court and replace them with new rules; and
      1. fix scales of costs.

        1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

        2. rules under this section:
          1. rules of practice and procedure for a senior court under any other enactment.

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            Notes
            • Section 148(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).