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New Zealand law explained for everyone

Employment Relations Act 2000

Institutions - Judges of the court

212: Court may make rules

You could also call this:

“The court can make rules to decide how it works and how people use it.”

The court can make rules about how it works and how people should act when they come to court. These rules must not go against the law or any other rules made by the government.

If the court doesn’t make its own rules for some things, it will use rules from other courts. For example, if someone wants to sue someone else, stop them from doing something, or ask the court to look at a decision again, the court will use rules from the High Court.

The court also uses High Court rules for some special cases. These include when the court decides if someone has broken the law, makes them pay money as a punishment, tells them to pay someone back for harm they caused, or stops them from doing certain jobs.

When the court makes new rules, they become a type of law. The government has a special way of sharing these rules with everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61421.

Topics:
Crime and justice > Courts and legal help
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Part 10 Institutions
Judges of the court

212Court may make rules

  1. The court may from time to time make rules (not inconsistent with this Act or with any regulations made under this Act) for the purpose of regulating the practice and procedure of the court and the proceedings of parties.

  2. To the extent that the court does not make rules under subsection (1) regulating the practice and procedure of the court under—

  3. section 99 (jurisdiction of court in relation to torts); and
    1. section 100 (jurisdiction of court in relation to injunctions); and
      1. section 194 (application for review),—
          1. proceedings in the court under those sections are to be regulated by the rules applicable to proceedings founded on tort, injunctions, and judicial review in the High Court, as far as they are applicable and with all necessary modifications.

        1. To the extent that the court does not make rules under subsection (1) regulating the practice and procedure of the court under—

        2. section 142B (declarations of breach); and
          1. section 142E (pecuniary penalty orders); and
            1. section 142J (compensation orders); and
              1. section 142M (banning orders),—
                  1. proceedings in the court under those sections are to be regulated by the rules applicable to civil proceedings in the High Court, as far as they are applicable and with all necessary modifications.

                1. Rules under subsection (1) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Compare
                • 1991 No 22 s 130
                Notes
                • Section 212(3): inserted, on , by section 26 of the Employment Relations Amendment Act 2016 (2016 No 9).
                • Section 212(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).