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Senior Courts Act 2016

Repeals, revocations, consequential amendments, and savings and transitional provisions

Schedule 5: Transitional provisions relating to Senior Courts

You could also call this:

"Changes to Laws When the Senior Courts Act Starts"

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You are looking at a part of the Senior Courts Act 2016. This part is about transitional provisions. It explains how some laws will work when the Act starts. The Act says some old laws will still apply to certain cases. It also says the Privy Council can still hear some appeals. You can find more information about the laws that apply in the Supreme Court Act 2003 and the Judicature Act 1908.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5760451.

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Schedule 4: Consequential amendments relating to new publishing requirements for High Court Rules, etc, or

"Changes to Other Laws to Work with the New Senior Courts Act"

5Transitional provisions relating to Senior Courts Empowered by s 186

1Continuation of certain provisions of Supreme Court Act 2003

1Application

  1. Clauses 2 to 6 continue the application of certain provisions of the Supreme Court Act 2003 so far as they are applicable.

2Imperial enactments ceasing to have effect in New Zealand

  1. On 1 January 2004, the following Imperial enactments ceased to have effect as part of the law of New Zealand:

  2. the Imperial enactments listed in Part 1 of Schedule 4 of the Supreme Court Act 2003:
    1. the Imperial subordinate legislation listed in Part 2 of Schedule 4 of that Act.

      Compare

      3Privy Council may still determine appeals in certain existing proceedings

      1. The Privy Council may hear and determine, or continue to hear and determine,—

      2. an appeal against a final judgment of the Court of Appeal made before 1 January 2004, or made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004, where—
        1. the matter in dispute on the appeal amounts to or is of the value of $5,000 or upwards; or
          1. the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of $5,000 or upwards; or
          2. an appeal arising out of a successful application to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against a decision of the Court of Appeal—
            1. made before 1 January 2004; or
              1. made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004; or
              2. an appeal arising out of a successful application to the Privy Council (whether made before, on, or after 1 January 2004) for special leave to appeal to it against a decision of the Court of Appeal—
                1. made before 1 January 2004; or
                  1. made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004.

                  2. Subclause (1) does not apply to an appeal if—

                  3. the Privy Council has not begun hearing the appeal; and
                    1. all parties agree in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against the decision concerned.

                      Compare

                      4Limitation on right to appeal to Supreme Court in certain existing proceedings

                      1. This subclause applies to a decision if—

                      2. it was made by any New Zealand court before 1 January 2004; or
                        1. it was made by the Court of Appeal after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004.

                          1. There is no right to appeal to the Supreme Court against a decision to which subclause (1) applies if—

                          2. the Privy Council has already heard or begun hearing an appeal against it; or
                            1. a New Zealand court has declined to give leave to appeal to the Privy Council against it and the Privy Council has not later given special leave to appeal against it; or
                              1. the Privy Council has declined to give special leave to appeal against it; or
                                1. all the parties to the proceeding in which it was made have not agreed in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against it.

                                  1. Subclause (2) overrides sections 68 to 71.

                                  Compare

                                  5Transitional effect of sections 42 and 49 of Supreme Court Act 2003

                                  1. The following applications must be determined as if sections 42 and 49 of the Supreme Court Act 2003 had not been enacted:

                                  2. all applications to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against—
                                    1. a decision of a New Zealand court made before 1 January 2004; or
                                      1. a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004:
                                      2. all applications to the Privy Council (whether made before, on, or after 1 January 2004) for special leave to appeal to it against—
                                        1. a decision of a New Zealand court made before 1 January 2004; or
                                          1. a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004.

                                          2. All appeals that, by virtue of clause 3(1), the Privy Council may hear and determine, or continue to hear and determine, must be heard and determined as if—

                                          3. sections 42 and 49 of the Supreme Court Act 2003 had not been enacted; and
                                            1. the reference in section 112(1) of the Credit Contracts and Consumer Finance Act 2003 to the Supreme Court included a reference to the Privy Council.

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                                              6No new rights of appeal against decisions made before 1 January 2004

                                              1. A person does not have a right to appeal to a particular New Zealand court or the Privy Council on any grounds against a decision made before 1 January 2004 unless, when the decision was made, the person had the right to appeal against the decision to that court on those grounds.

                                              2. Subclause (1) does not limit or affect the right of any person to appeal to a New Zealand court on any grounds against a decision made—

                                              3. on or after 1 January 2004; but
                                                1. on appeal against a decision—
                                                  1. made before 1 January 2004; or
                                                    1. made at any time on appeal against a decision made before 1 January 2004.

                                                    Compare

                                                    2Other provisions relating to senior courts

                                                    7Interpretation

                                                    1. In this Part, unless the context otherwise requires,—

                                                      judicial officer means a Judge, an acting Judge, a Registrar, or a Deputy Registrar of a senior court

                                                        proceedings includes actions and matters

                                                          relevant Act means the Judicature Act 1908 or the Supreme Court Act 2003.

                                                          Judicial officers of senior courts

                                                          8Judicial officers to continue in office

                                                          1. This clause applies to every person who is a judicial officer under the relevant Act immediately before the commencement of this clause.

                                                          2. A judicial officer to whom this clause applies continues to hold his or her judicial office under the conditions of his or her appointment.

                                                          Other officers of senior courts

                                                          9Other officers of court to continue in office

                                                          1. This clause applies to every person who is an officer of a court (other than a judicial officer as defined in clause 7) under the relevant Act immediately before the commencement of this clause.

                                                          2. An officer to whom this clause applies continues to hold his or her office subject to this Act.

                                                          Proceedings and other matters

                                                          10Proceedings, etc, continue under relevant Act

                                                          1. All proceedings pending or in progress in a court operating under the relevant Act immediately before the commencement of this clause may be continued, completed, and enforced only under the relevant Act (including the relevant rules of court) as if that Act had not been repealed by this Act.

                                                          2. All jurisdictions, offices, appointments, Orders in Council, orders, warrants, rules, regulations, seals, forms, books, records, instruments, and generally all acts of authority that originated under the relevant Act or another enactment continued or repealed by this Act, and that are subsisting or in force on the commencement of this clause, have full effect as if they had originated under the corresponding provisions of this Act and, where necessary, must be treated as having originated under this Act.

                                                          3. This clause is subject to clause 11.

                                                          11Proceedings subject to former High Court Rules

                                                          1. In this clause, former High Court Rules 2016 means the High Court Rules 2016 as in force immediately before 1 March 2017.

                                                          2. A proceeding that is pending on 1 March 2017 must be continued, completed, and enforced under the High Court Rules 2016 as in force immediately after that date, except as provided in subclause (3).

                                                          3. A proceeding that is pending on 1 March 2017 must be dealt with as if—

                                                          4. Part 29 of the former High Court Rules 2016 (if applicable) were in force:
                                                            1. the provisions of the former High Court Rules 2016 referring to section 26P of the Judicature Act 1908 were in force.

                                                              12Continued effect of transitional provisions in former High Court Rules

                                                              1. The repeal of the Judicature Act 1908 does not affect the operation of the transitional provisions in—

                                                              2. rule 9 of the High Court Amendment Rules 2009; or
                                                                1. rule 7 of the High Court (Access to Court Documents) Amendment Rules 2009; or
                                                                  1. rule 5 of the High Court Amendment Rules 2010.

                                                                    1. So far as the enactments referred to in subclause (1)(a) to (c) may be applicable, they continue to have effect as if the Judicature Act 1908 had not been repealed.

                                                                    3Provision relating to Judicature (Timeliness) Legislation Amendment Act 2025

                                                                    13Section 164A not to apply to existing proceedings

                                                                    1. Section 164A does not apply to civil proceedings tendered for filing before the commencement date.

                                                                    2. In this clause, commencement date means the date on which the Judicature (Timeliness) Legislation Amendment Act 2025 comes into force.

                                                                      Notes
                                                                      • Schedule 5 clause 13: inserted, on , by section 9(a) of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).