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Senior Courts Act 2016

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

151: Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars

You could also call this:

"Rules that let Registrars help make decisions like a High Court Judge"

Illustration for Senior Courts Act 2016

You can have rules that give some of the powers of a High Court Judge to Registrars and Deputy Registrars. These rules can be made under section 148. They can help Registrars and Deputy Registrars make decisions in certain cases. You can give these powers to Registrars and Deputy Registrars in the High Court, Court of Appeal, or Supreme Court. They can make decisions, but if they think a case is too hard, they can send it to a Judge. The Judge can then make a decision or send it back to the Registrar or Deputy Registrar with instructions. If you are not happy with a decision made by a Registrar or Deputy Registrar, you can ask the court to review it. The court can then make a new decision. Just because a Registrar or Deputy Registrar has some powers, it does not mean a Judge cannot also make decisions in the same case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759507.

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

151Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars

  1. Rules may be made under section 148—

  2. conferring on a Registrar or Deputy Registrar of the High Court or the Court of Appeal or the Supreme Court the jurisdiction and powers of a Judge in chambers conferred by this Act or any other Act or by rules made under that section:
    1. containing any provisions that may be necessary to enable a Registrar or Deputy Registrar to exercise the jurisdiction and powers of a Judge in chambers.

      1. The jurisdiction and powers may be conferred on any of those specified offices or classes of those offices.

      2. A Registrar or Deputy Registrar on whom jurisdiction and powers are conferred may refer a matter to a Judge of the same court if the Registrar or Deputy Registrar considers the matter to be of special difficulty. The Judge may—

      3. dispose of the matter; or
        1. refer the matter back to the Registrar or Deputy Registrar with any directions the Judge thinks fit.

          1. A party to a proceeding or an intended proceeding who is dissatisfied with an order or a decision made by a Registrar or Deputy Registrar under rules made under section 148 may apply to the same court to review the order or decision. The court may then make any order or decision the court thinks just.

          2. The fact that a Registrar or Deputy Registrar has jurisdiction and powers under the rules does not prevent a Judge of the same court from exercising the jurisdiction and powers.

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