Contents

Chapter 1
A consolidated Courts Act

Nomenclature

1.28Whatever model is adopted, new courts legislation should refer to “senior”, rather than “superior” courts and judges. Similarly, current references in the 1908 Act to “inferior” courts should be updated to refer to “District” courts, or other named courts.

R1 The District Courts Act 1947, the Judicature Act 1908 and the Supreme Court Act 2003 should be consolidated into a modern, clear, unitary Courts Act, with the existing jurisdiction of the courts under those Acts specifically continued.

R2 If R1 is not accepted, as an alternative the District Courts Act 1947 should remain in effect, with revisions, but the Judicature Act 1908 and the Supreme Court Act 2003 should be consolidated into a Senior Courts Act, with the existing jurisdiction of the courts under those Acts specifically continued.

R3 If there is a Senior Courts Bill and a District Courts Amendment Bill, they should be treated as cognate Bills and dealt with together.

R4 New legislation should refer to “senior” courts, “District” courts and other named courts, rather than “superior” and “inferior” courts.