Senior Courts Act 2016

Rules of court and miscellaneous provisions - Provisions and rules of general application

180: Rules of equity prevail over rules of common law

You could also call this:

"Fairness rules override other laws in court"

Illustration for Senior Courts Act 2016

You are in a court and there are two sets of rules. The rules of equity are like fairness rules. They override the common law rules if they disagree. You need to know this when you are in a senior court or another court. It also applies to tribunals where fairness rules can be used. This means fairness rules are more important than common law rules. If you want to compare this to something similar, you can look at s 99. This will help you understand how the rules of equity prevail. It is good to know how the rules work in a court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759557.

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Part 6Rules of court and miscellaneous provisions
Provisions and rules of general application

180Rules of equity prevail over rules of common law

  1. This section applies to proceedings in a senior court, another court, or a tribunal where equitable jurisdiction may be exercised.

  2. If there is any conflict or variance between the rules of equity and the rules of the common law in relation to the same matter, the rules of equity prevail.

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