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Senior Courts Act 2016

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

153: Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court

You could also call this:

"Making rules for applying to high courts in New Zealand"

Illustration for Senior Courts Act 2016

You can make rules for how people apply to the High Court, Court of Appeal, or Supreme Court. These rules can say what form to use and how to make the application. You can find more information about making these rules in section 148. If other laws say something different about how to make these applications, the rules made under this Act are more important. This means the rules override what the other laws say. The other laws are considered to be subject to the rules made under this Act. You can look at other laws, like the one from 1986, to compare how they handle applications.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759509.

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152: Rules of practice and procedure under other Acts, or

"Following rules for making court rules under other laws"

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154: Publication of High Court Rules under Legislation Act 2012, or

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

153Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court

  1. Despite anything to the contrary in any Act, rules may be made under section 148 prescribing the form and manner in which any class or classes of applications to the High Court or a High Court Judge or to the Court of Appeal or to the Supreme Court are to be made.

  2. To the extent that the provisions of any Act prescribing the form or manner in which any of those applications are to be made (whether by petition, motion, summons, or otherwise) are inconsistent with or repugnant to rules made or having effect under this Act, the Act prescribing that form or manner is deemed to be subject to the rules made or having effect under this Act.

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