Changes to Court Legislation - what you need to know - Online CPD

Package includes:

Online CPD Module  l  Booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $149 - NZLS members and Associate members
• $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Module

Presentation time: 90 minutes

New legislation that changes processes in New Zealand’s courts mostly came into force on 1 March 2017. This webinar will outline the main areas of change and consider the implications on a practical level for practitioners appearing before the courts.

In particular, the presenters will cover:

Things to watch for

• Status of High Court Rules
• New governing statutes
• Recusal guidelines

Appeals from the High Court

• New restrictions
• Interlocutory appeals
• Associate Judge decisions

Transitional provisions

• Long lead time
• Effect on current proceedings

Electronic Courts

• New provisions
• Transitional arrangements

Interest on money claims

• New jurisdiction
• Transitional provisions

Civil restraint orders

• Extensive new powers
• Relevance for the litigant

This module will be of interest to all who appear in any New Zealand court whether civil, criminal, employment and family practitioners.

Learning objectives

After completing this module you will:

Have a good understanding of the legislative changes and the impact they will have on your practice.

Please contact us if you use a dial up internet connection.

Booklet 

Authors:  Andrew Beck, Allison Ferguson
Published: 21 June 2017
Pages:38

Introduction

The legislation governing the New Zealand courts has tended to be very static. The Judicature Act 1908 has provided the constitutional framework for the High Court for more than a century. The provisions governing the Court of Appeal were incorporated into the Judicature Act in 1914 and were revised with the creation of the permanent Court of Appeal in 1955.

While there have been amendments over the years, the substance of the legislation has remained essentially unchanged. What was perhaps the most important innovation – the expression of the powers of judicial review in the Judicature Amendment Act 1972 – was never incorporated into the body of the Act, but remained as a standalone statute.

The Supreme Court was created by the Supreme Court Act 2003. As the Act created a new court taking the place of the Privy Council as the final appellate court for New Zealand it was obviously a constitutional milestone involving a substantial departure from previous legislation. Possibly for this reason, a separate Act was introduced instead of an amendment to the Judicature Act.

The primary court of general jurisdiction is the District Court – although its jurisdiction is restricted by subject matter and the amount in dispute. The District Courts Act 1947 replaced the Magistrates Courts Act 1928, and this legislation has also been slow to change. The main changes over the years have been incremental increases in jurisdiction.
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PowerPoint Presentation

These are the slides included in the presentation.