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Review of the Judicature Act 1908: Towards a new Courts Act - Report 126
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Contents
General Information
Letter to Minister
Foreword
Acknowledgements
Disclosure of interest
Introduction and summary
Judicature Act 1908
Terms of Reference
Process of the Review
Part 1 - The structure of new courts legislation
Part 2 - Judges
Part 3 - Courts
Part 4 - Remaining matters
Part 1 The structure of new courts legislation
Chapter 1 - A consolidated Courts Act
Introduction
Models for structuring the courts legislation
A unitary statute
The alternative: a binary model
Nomenclature
Chapter 2 - Judicial review
Introduction
The future of the Judicature Amendment Act 1972
Content of the draft Bill
Chapter 3 - Rules of court
Introduction
Current statutory provisions
Issues Paper proposals
Views of submitters
Commission's conclusion
Chapter 4 - Relocation of other provisions in the Judicature Act 1908
Introduction
Trans-Tasman proceedings: Part 1A
Commercial provisions
Part 2 Judges
Chapter 5 - Appointment of judges
Introduction
The present formal provisions in New Zealand law
The current mechanics of appointments
Commission's approach in Issues Paper 29
Submissions
Commission's view
Chapter 6 - Judicial conflicts of interest
Introduction
No other employment or office - section 4(2A) of the Judicature Act 1908
A register of judges' pecuniary interests?
Recusal
Chapter 7 - Part-time and acting judges
Introduction
Part-time judges
Acting judges
Payment of retiring judges
Chapter 8 - Leadership and accountability
Introduction
Linkages in the structure of the judiciary
Acting Heads of Bench
Annual report
Court officers performing judicial functions
Reserved judgments
Chapter 9 - Some judicial powers
Introduction
Contempt in the face of the court
Wasted costs
Part 3 Courts
Chapter 10 - The Commercial List and specialisation in the High Court
Introduction
Submissions
Relevant considerations
Conclusion
Chapter 11 - Civil jury trials in the High Court
Introduction
Submissions
Commission's view
Chapter 12 - The District Courts
Introduction
A single national District Court?
Civil jurisdiction
Other District Courts matters
Chapter 13 - The appellate courts
Introduction
Court of Appeal
The Supreme Court
Part 4 Remaining matters
Chapter 14 - Other provisions in the Judicature Act 1908
Introduction
Equity and the common law
Miscellaneous sections of the Judicature Act 1908
Chapter 15 - Other participants
Introduction
McKenzie friends
Amicus curiae
Interveners
Payment of costs
Technical advisors
Chapter 16 - Vexatious actions
Introduction
Identified problems
A civil restraint order regime
Querulous litigants
Appendices
Appendix 1 - Terms of reference
Appendix 2 - Lists of submitters
Issues Paper 21
Issues Paper 29
Appendix 3 - Draft Judicial Review (Statutory Powers) Procedure Bill
Appendix 4 - Draft contempt in the face of the court provision
Appendix 5 - List of recommendations
Chapter 1 - A consolidated Courts Act
Chapter 2 - Judicial review
Chapter 3 - Rules of court
Chapter 4 - Relocation of other provisions in the Judicature Act 1908
Chapter 5 - Appointment of judges
Chapter 6 - Judicial conflicts of interest
Chapter 7 - Part-time and acting judges
Chapter 8 - Leadership and accountability
Chapter 9 - Some judicial powers
Chapter 10 - The Commercial List and specialisation in the High Court
Chapter 11 - Civil jury trials in the High Court
Chapter 12 - The District Courts
Chapter 13 - The appellate courts
Chapter 14 - Other provisions in the Judicature Act 1908
Chapter 15 - Other participants
Chapter 16 - Vexatious actions
Next page
Review of the Judicature Act 1908: Towards a new Courts Act - Report 126
General Information
Letter to Minister
Foreword
Acknowledgements
Disclosure of interest
Introduction and summary
Judicature Act 1908
Terms of Reference
Process of the Review
Part 1 - The structure of new courts legislation
Part 2 - Judges
Part 3 - Courts
Part 4 - Remaining matters
Part 1 The structure of new courts legislation
Chapter 1 - A consolidated Courts Act
Introduction
Models for structuring the courts legislation
A unitary statute
The alternative: a binary model
Nomenclature
Chapter 2 - Judicial review
Introduction
The future of the Judicature Amendment Act 1972
Content of the draft Bill
Chapter 3 - Rules of court
Introduction
Current statutory provisions
Issues Paper proposals
Views of submitters
Commission's conclusion
Chapter 4 - Relocation of other provisions in the Judicature Act 1908
Introduction
Trans-Tasman proceedings: Part 1A
Commercial provisions
Part 2 Judges
Chapter 5 - Appointment of judges
Introduction
The present formal provisions in New Zealand law
The current mechanics of appointments
Commission's approach in Issues Paper 29
Submissions
Commission's view
Chapter 6 - Judicial conflicts of interest
Introduction
No other employment or office - section 4(2A) of the Judicature Act 1908
A register of judges' pecuniary interests?
Recusal
Chapter 7 - Part-time and acting judges
Introduction
Part-time judges
Acting judges
Payment of retiring judges
Chapter 8 - Leadership and accountability
Introduction
Linkages in the structure of the judiciary
Acting Heads of Bench
Annual report
Court officers performing judicial functions
Reserved judgments
Chapter 9 - Some judicial powers
Introduction
Contempt in the face of the court
Wasted costs
Part 3 Courts
Chapter 10 - The Commercial List and specialisation in the High Court
Introduction
Submissions
Relevant considerations
Conclusion
Chapter 11 - Civil jury trials in the High Court
Introduction
Submissions
Commission's view
Chapter 12 - The District Courts
Introduction
A single national District Court?
Civil jurisdiction
Other District Courts matters
Chapter 13 - The appellate courts
Introduction
Court of Appeal
The Supreme Court
Part 4 Remaining matters
Chapter 14 - Other provisions in the Judicature Act 1908
Introduction
Equity and the common law
Miscellaneous sections of the Judicature Act 1908
Chapter 15 - Other participants
Introduction
McKenzie friends
Amicus curiae
Interveners
Payment of costs
Technical advisors
Chapter 16 - Vexatious actions
Introduction
Identified problems
A civil restraint order regime
Querulous litigants
Appendices
Appendix 1 - Terms of reference
Appendix 2 - Lists of submitters
Issues Paper 21
Issues Paper 29
Appendix 3 - Draft Judicial Review (Statutory Powers) Procedure Bill
Appendix 4 - Draft contempt in the face of the court provision
Appendix 5 - List of recommendations
Chapter 1 - A consolidated Courts Act
Chapter 2 - Judicial review
Chapter 3 - Rules of court
Chapter 4 - Relocation of other provisions in the Judicature Act 1908
Chapter 5 - Appointment of judges
Chapter 6 - Judicial conflicts of interest
Chapter 7 - Part-time and acting judges
Chapter 8 - Leadership and accountability
Chapter 9 - Some judicial powers
Chapter 10 - The Commercial List and specialisation in the High Court
Chapter 11 - Civil jury trials in the High Court
Chapter 12 - The District Courts
Chapter 13 - The appellate courts
Chapter 14 - Other provisions in the Judicature Act 1908
Chapter 15 - Other participants
Chapter 16 - Vexatious actions
Next page