PDF generated: 28 Mar 2017, 17:40 constituteproject.org New Zealand's Constitution of 1852 with Amendments through 2014 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org PDF generated: 28 Mar 2017, 17:40 Table of contents Legislature Act 1908. Short Title, etc. 43 Division I: The Legislative Council. 44 Division III: Privileges of Parliament.
Privileges of House of Representatives. Journals as evidence. Right to administer oaths. Indemnity to witness.
Immunities and privileges. Exemption of members and officers from attendance as witnesses. Exemption of members and officers bound by recognisance. Court to make inquiry and grant exemption.
Exemption of Speaker from attendance on Courts. Application to Speaker for exemption from attendance in civil Courts. Application by members and officers bound by recognisance. Speaker to make inquiry and grant certificate.
Effect of certificate. Adjournment of civil proceedings against members and officers. Court may make inquiry and adjourn case. Service of process of Courts not of record.
Court to take judicial notice of signature of Speaker. Leave to members and officers to attend Court. 49 Division IV: Private, local, and private estates bills. 49 Schedule 1: Enactments consolidated.
HOUSE OF REPRESENTATIVES. 51 Amendment Act 1: Legislature Amendment Act 1992. Short Title and commencement. 51 New Zealand 1852 (rev.org PDF generated: 28 Mar 2017, 17:40 2.
Act to bind the Crown. Stay of proceedings where publication made by order of House of Representatives. Stay of proceedings in respect of copy of Parliamentary paper. Short Title, etc.
53 Part 1: The High Court. Constitution of the court. Supreme Court reconstituted as High Court. The Judges of the High Court.
Chief High Court Judge. Functions of Chief High Court Judge. Judges of High Court act on full-time basis but may be authorised to act part-time. Senior Judge to act as Chief Justice in certain circumstances.
Judges to be barristers or solicitors. Commissions of Judges to continue during good behaviour. Judges may be removed or suspended on address of both Houses of Assembly to the Queen. Governor may suspend Judge when Parliament not sitting.
Salaries and allowances of Judges. Salaries of Judges not to be diminished. Certificate by Chief Justice and Chief High Court Judge. Superannuation allowance of Judges.
Age of retirement. Rights on retirement before attaining retiring age. How superannuation allowances of the existing Judges to be computed. Jurisdiction of the court.
Power to award damages as well as, or in substitution for, injunction or specific performance. Jurisdiction as to mentally disordered persons, etc. Jurisdiction as to liquidation of associations. Application of Companies Act 1993.
Meaning of inability to pay debts. Power of liquidator to enforce liabilities. Actions stayed on liquidation. 62 New Zealand 1852 (rev.org PDF generated: 28 Mar 2017, 17:40 18.
No jurisdiction in cases of felonies or misdemeanours committed prior to 14 January 1840. Powers of the court may be exercised by 1 or more Judges. Certain civil proceedings may be tried by jury. All other civil proceedings to be tried before Judge alone, unless court otherwise orders.
Questions of foreign law to be decided by Judge. Governor in Council may divide New Zealand into districts. Actions and proceedings to be taken in the district prescribed by the Code of Civil Procedure. How applications to be made when Judge absent or unable to act.
Governor-General may appoint special sittings. Offices of the High Court. Registrar may act for Judge in certain cases. Establishment of commercial list.
Proceedings eligible for commercial list. Commercial list Judges. Directions for speedy determination of real questions in proceedings on commercial list 68 24E. Agreement not to appeal.
Proceedings not to be tried by jury. Restriction of right of appeal from interlocutory decisions. Administrative Division of the court. Administrative Division of the High Court.
Jurisdiction of Administrative Division. Lay members or assessors in certain cases. Rules relating to Administrative Division. Associate Judges of the High Court.
Appointment of Associate Judges. Associate Judges act on full-time basis but may be authorised to act part-time. Vacation of office. Salaries and allowances of Associate Judges.
Superannuation or retiring allowances of Associate Judges. Temporary Associate Judges. Associate Judge may exercise certain powers of the court. Ancillary powers of Associate Judge.
Judge or Associate Judge may, by video link, preside at hearing of specified matters. Power to make rules conferring specified jurisdiction and powers of Judge in chambers on Associate Judges. Power of Associate Judge to deal with witnesses and to punish for contempt. Associate Judge to have no power to make order for committal, attachment, or arrest.
75 New Zealand 1852 (rev.org PDF generated: 28 Mar 2017, 17:41 26M. Associate Judge may act as referee. Transfer of proceedings from Associate Judge to Judge. Power of Associate Judge to adjourn proceedings.
Review of, or appeals against, decisions of Associate Judges. Immunity of Associate Judges. Jurisdiction of Judge not affected. Appointment of officers.
Powers of Registrars. Sheriffs and Deputy Sheriffs. Sureties may withdraw. Duties, etc, of Sheriffs.
Sheriff to act as Queen’s bailiff. Sheriff not to act as barrister or solicitor. Service of process when Sheriff disqualified. Persons arrested by Sheriffs may be committed to prison at once.
78 Subpart 3: Poundage and fees. Calculation of Sheriff’s poundage. Appointment of, and oath taken by, appraiser. Sheriffs’ and poundage fees.
Fee in special cases. Fees to be paid into Crown Bank Account. 78 Subpart 4: Deputy Sheriffs and Acting Sheriffs. Where Sheriff not present at sitting of court, duties of Sheriff may be performed by any person appointed by the court or Judge.
Provision in cases of vacancy in office of Sheriff. Governor may appoint Deputy Sheriffs. When Deputies to act. 79 Subpart 5: Commissioners to administer oaths.
Commissioners to take affidavits, etc, out of New Zealand. Affidavits, etc, so taken to be of like effect as if taken in New Zealand. Commission may be revoked. 80 Subpart 6: Practice and procedure of the court.
Seal of the court. High Court Rules. 80 New Zealand 1852 (rev.org PDF generated: 28 Mar 2017, 17:41 51A. Publication of High Court Rules under Legislation Act 2012.
Power to make rules. Rules of court under other Acts to be made in manner provided by this Act. Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court. Power to make rules conferring specified jurisdiction and powers of Judge on Registrars or Deputy Registrars.
Jurisdiction of court to award costs in all cases. Power of Judge to hold or adjourn sitting. Fees to be paid into Crown Bank Account. Service of process on Sundays void.
Verdict of three-fourths. Discharge of juror or jury. Miscellaneous rules of law and of practice. 84 Subpart 1: Habeas corpus.
Procedure in respect of habeas corpus. 84 Subpart 2: Absconding debtors. Power under certain circumstances to arrest defendant about to quit New Zealand. 84 Subpart 3: Foreign creditors.
Memorials of judgments obtained out of New Zealand may be registered. Failure of witness to attend. Refusal of witness to give evidence. Witnesses entitled to expenses.
87 Subpart 5: Contempt of court. Contempt of court. 87 Subpart 6: Immigration matters. Judicial review of decisions under Immigration Act 1987.
87 Part 1A: Special provisions applying to certain proceedings in the High Court and the Federal Court of Australia. Trans-Tasman Proceedings Act 2010 does not affect this Part. Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part. High Court may order New Zealand proceedings to be heard in Australia.
Australian counsel entitled to practise in High Court. High Court may set aside subpoena issued in New Zealand proceeding. Injunctions and orders in New Zealand proceedings. Issue of subpoenas in New Zealand proceedings.
90 New Zealand 1852 (rev.org PDF generated: 28 Mar 2017, 17:41 56J. Powers of Federal Court of Australia. Issue of subpoenas in Australian proceedings. Failure of witness to comply with subpoena issued in Australian proceeding.
Federal Court of Australia may administer oaths in New Zealand. Orders made by Federal Court of Australia not subject to review. Contempt of Federal Court of Australia. Arrangements to facilitate sittings.
Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings. High Court may take evidence at request of Federal Court. Power to make rules for purposes of this Part. 95 Part 2: The Court of Appeal.
Constitution of the court. Constitution of Court of Appeal. Judges of Court of Appeal act on full-time basis but may be authorised to act part-time. Court of Appeal to sit in divisions.
Composition of criminal appeals division or divisions. Composition of civil appeals division or divisions. Assignment of Judges to divisions. Court of Appeal to sit as full court in certain cases.
Cases of sufficient significance for full court. High Court Judges sitting on full court. Authority of High Court Judges. Judgment of Court of Appeal.
Sittings of Court of Appeal. Court of Appeal may sit in divisions. Adjournment in cases of absence of some of the Judges. Incidental orders and directions may be made and given by 1 Judge.
Power to remit proceedings to the High Court. Judgments of Court of Appeal may be enforced by the High Court. 102 Subpart 1: Removal of proceedings from the High Court. Transfer of civil proceedings from High Court to Court of Appeal.
Decision of Court of Appeal final as regards tribunals of New Zealand. 103 Subpart 2: Appeals from decisions of the High Court. Court may hear appeals from judgments and orders of the High Court. 103 Subpart 3: Appeals from inferior courts.
Appeals against decisions of High Court on appeal. Direct appeal from decision of inferior courts. 104 New Zealand 1852 (rev.org PDF generated: 28 Mar 2017, 17:41 Subpart 1: Trial at bar. Trial at bar.
104 Subpart 2: Appeals from convictions. Appeal from judgment of Supreme Court on conviction. Rules of practice. Appointment of officers.
Powers and duties of officers. Power to fix fees. 105 Part 3: Rules and provisions of law in judicial matters generally. 105 Subpart 1: Removal of technical defects.
Power to courts to amend mistakes and supply omissions in warrants, orders, etc. 105 Subpart 2: Limitation of actions. Limitation of actions for merchants’ accounts. Limitation not barred by claims subsequently arising.
Absence beyond seas or imprisonment of a creditor not to be a disability. Period of limitation to run as to joint debtors in New Zealand, though some are beyond seas. Judgment recovered against joint debtors in New Zealand to be no bar to proceeding against others beyond seas after their return. Part payment by one contractor, etc, not to prevent bar in favour of another contractor, etc.
Consideration for guarantee need not appear by writing. A surety who discharges the liability to be entitled to assignment of all securities held by the creditor .