Contents

Appendix 1
Terms of reference

The Commission will review the Judicature Act 1908, and other legislation governing the operation of the New Zealand courts of general jurisdiction with a view to creating a consolidated Courts Act and a new Civil Procedure Act and updating and reorganising other provisions of the Judicature Act 1908.

The focus of the review is on reorganisation and modernisation: the Commission does not intend to revisit major matters of policy underlying the present legislation.

The issues to be considered by the Commission will include:
(a)the creation of a Courts Act consolidating the legislation governing the District Courts, High Court, Court of Appeal and Supreme Court (for example, consolidating provisions for appointment, including part time appointment);
(b)the creation of a new Civil Procedure Act (incorporating the Rules Committee and judicial review);
(c)the amendment, modernisation or repeal of other provisions of the Judicature Act 1908 including: