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Commerce Act 1986

Enforcement, remedies, and appeals - Jurisdiction of courts

78: Lay members of High Court in certain cases

You could also call this:

"Helpers in the High Court: Non-judges assisting with certain cases"

Illustration for Commerce Act 1986

When the High Court is dealing with certain cases, a Judge can ask a lay member to help with the case. The lay member is someone who is not a Judge, but has been chosen to help with the case under section 77. You can think of a lay member like a helper who brings different ideas to the court.

If a lay member is asked to help with a case, they become a part of the court for that case. The rules that apply to other cases in the High Court also apply to this case. A Judge can make certain decisions on their own, like making orders or granting injunctions, as stated in sections 80 to 85.

A Judge can make orders in certain situations, such as when everyone agrees or when the issue is just about the law. The Judge can also make orders about paying penalties, as stated in section 80 or section 83. They can grant injunctions, as stated in section 81 or section 84, or order someone to pay damages, as stated in section 82 or section 84A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89430.

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Part 6Enforcement, remedies, and appeals
Jurisdiction of courts

78Lay members of High Court in certain cases

  1. For the purposes of the exercise by the High Court of its civil jurisdiction under section 47A, 47B, or 47D or sections 80 to 85 in respect of proceedings that relate to section 27, 28, 30, 36, 36A, 37, 38, 47, or 47B, a Judge of the court may, of his own motion or on the application of any party to the proceedings, require any person or persons appointed as a lay member or lay members of the High Court pursuant to section 77, to hear and determine the proceedings as an additional lay member or additional lay members of the court.

  2. Where a lay member of the High Court is required pursuant to subsection (1) to hear and determine any proceedings as an additional lay member of the court, that person shall for the purposes of those proceedings be a lay member of the court.

  3. The provisions of subsections (10) to (13) of section 77 shall apply in respect of any proceedings to which this section applies as if the proceedings to which those provisions refer were proceedings in the High Court under sections 80 to 85.

  4. Notwithstanding anything in the foregoing provisions of this section, a Judge of the court sitting alone shall have jurisdiction—

  5. to make any of the following orders—
    1. an order on any application made in the course of any proceedings:
      1. an order that is not opposed:
        1. an order in any proceedings that the parties agree should be heard and determined by a Judge alone:
          1. an order in any proceedings where the matter in issue is substantially a question of law only:
            1. an order made on the application of any party directing that any proceedings should be heard and determined by a Judge alone on the ground that the matter in issue is substantially a question of law only:
              1. an order granting the leave of the court to appeal to the Court of Appeal:
                1. to exercise the power to make an order directing the payment of a pecuniary penalty pursuant to section 80 or section 83:
                  1. to exercise the power to grant an injunction pursuant to section 81 or section 84:
                    1. to exercise the power to make an order for the payment of damages in proceedings under section 82 or section 84A:
                      1. to exercise the power to make an order directing the disposal of shares or assets under section 85.

                        Notes
                        • Section 78(1): amended, on , by section 20(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
                        • Section 78(1): amended, on , by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).
                        • Section 78(2): amended, on , by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).
                        • Section 78(3): amended, on , by section 26(2) of the Commerce Amendment Act 1990 (1990 No 41).
                        • Section 78(4)(b): repealed, on , by section 20(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
                        • Section 78(4)(c): amended, on , by section 26(3)(a) of the Commerce Amendment Act 1990 (1990 No 41).
                        • Section 78(4)(d): amended, on , by section 26(3)(b) of the Commerce Amendment Act 1990 (1990 No 41).
                        • Section 78(4)(e): amended, on , by section 26(3)(c) of the Commerce Amendment Act 1990 (1990 No 41).
                        • Section 78(4)(f): added, on , by section 26(3)(d) of the Commerce Amendment Act 1990 (1990 No 41).