Senior Courts Act 2016

Last updated

Senior Courts Act 2016
Coat of arms of New Zealand.svg
New Zealand Parliament
Passed by New Zealand House of Representatives
Passed11 October 2016
Royal assent 17 October 2016
Commenced1 March 2017
Related legislation
District Court Act 2016
Judicature Act 1908
Supreme Court Act 2003
Status: Current legislation

The Senior Courts Act 2016 (Public Act 2016 No 48) is an Act of the Parliament of New Zealand which governs the High Court, the Court of Appeal and the Supreme Court of New Zealand. It was passed by the New Zealand House of Representatives on 11 October 2016 [1] as part of a judiciary modernisation package [2] and received royal assent on 17 October 2016. One of its purposes was to replace and consolidate in a single statute the Judicature Act 1908 and the Supreme Court Act 2003, which were repealed.

Related Research Articles

<span class="mw-page-title-main">Judicial Committee of the Privy Council</span> Judicial body in the United Kingdom

The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.

<span class="mw-page-title-main">Politics of New Zealand</span> Unitary parliamentary representative democracy

The politics of New Zealand function within a framework of an independent, unitary, parliamentary democracy. The system of government is based on the Westminster system, and the legal system is modelled on the common law of England. New Zealand is a constitutional monarchy in which King Charles III is the sovereign and head of state, while his prime minister serves as the head of government.

<span class="mw-page-title-main">Privy Council (United Kingdom)</span> Formal body of advisers to the sovereign of the United Kingdom

His Majesty's Most Honourable Privy Council is a formal body of advisers to the sovereign of the United Kingdom. Its members, known as privy counsellors, are mainly senior politicians who are current or former members of either the House of Commons or the House of Lords.

<span class="mw-page-title-main">Bill of Rights 1689</span> English civil rights legislation

The Bill of Rights 1689 is an Act of the Parliament of England that set out certain basic civil rights and clarified who would be next to inherit the Crown. It remains a crucial statute in English constitutional law.

<span class="mw-page-title-main">Supreme Court of New Zealand</span> Highest court in New Zealand

The Supreme Court of New Zealand is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016.

<span class="mw-page-title-main">Supreme Court of India</span> Highest judicial body in India

The Supreme Court of India is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original, appellate and advisory jurisdictions.

<span class="mw-page-title-main">Chief Justice of India</span> Presiding judge of the Supreme Court of India

The chief justice of India is the highest-ranking officer of the Indian judiciary and the chief judge of the Supreme Court of India. The Constitution of India grants power to the president of India to appoint, as recommended by outgoing chief justice in consultation with other judges as envisaged in Article 124 (2) of the Constitution, the next chief justice, who will serve until they reach the age of sixty-five or are removed by the constitutional process of impeachment.

<span class="mw-page-title-main">David Adeang</span> Nauruan politician

David Ranibok Waiau Adeang is a Nauruan politician, currently serving as President of Nauru. Adeang is the former Speaker of the Parliament of Nauru, and Nauru's Minister of Finance and Justice, as well as the Minister Assisting the President of Nauru.

<span class="mw-page-title-main">New Zealand order of precedence</span>

The Order of precedence in New Zealand is a guide to the relative seniority of constitutional office holders and certain others, to be followed, as appropriate at State and official functions. The previous order of precedence was revoked and Queen Elizabeth II approved the following Order of Precedence in New Zealand effective 20 September 2018:

  1. The Monarch of New Zealand.
  2. The Governor-General or, while acting in the place of the Governor-General, the officer administering the Government
  3. The Prime Minister
  4. The Speaker of the House of Representatives
  5. The Chief Justice
  6. The Dean of the Diplomatic Corps
  7. The Deputy Prime Minister
  8. Ministers of the Crown
  9. Former Governors-General
  10. Ambassadors and High Commissioners in New Zealand and Chargés d’Affaires accredited to New Zealand.
  11. The Leader of the Opposition in the House of Representatives
  12. Leaders, including co-leaders and joint leaders, of political parties represented in the House of Representatives, other than Ministers of the Crown.
  13. Members of the House of Representatives. There is no established order of precedence over members of parliament in general, although each party has its internal ranking.
  14. Judges of the Supreme Court of New Zealand, the Court of Appeal and the High Court of New Zealand.
  15. Former Prime Ministers, former Speakers of the House of Representatives, former Chief Justices, and members of the Privy Council.
  16. Mayors of territorial authorities and chairpersons of regional councils, while in their own cities, districts and regions. In 1989, boroughs and counties were amalgamated into district councils. District mayors, and the Chatham Islands mayor could expect to be accorded this same precedence.
  17. The Public Service Commissioner, Chief of Defence Force, Commissioner of Police, and Officers of Parliament .
  18. The Solicitor-General, Clerk of the House of Representatives, and Clerk of the Executive Council when attending a function involving the exercise of the position’s specific responsibilities.
  19. Chief executives of public service and non-public service departments.
  20. The Vice Chief of Defence Force, and Chiefs of Navy, Army and Air Force, and other statutory office holders.
  21. Consuls-General and Consuls of countries without diplomatic representation in New Zealand.
  22. Members of New Zealand and British orders, and holders of decorations and medals in accordance with the Order of Wear in New Zealand.
<span class="mw-page-title-main">Supreme Court of the United Kingdom</span> Final court of appeal in the United Kingdom

The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.

<span class="mw-page-title-main">Supreme Court of Tasmania</span> Tasmanian judiciary

The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and decisions made by Court to be heard on appeal by the High Court of Australia.

<span class="mw-page-title-main">Constitution of New Zealand</span> Uncodified national constitution

The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.

<span class="mw-page-title-main">High Court of New Zealand</span> Court in New Zealand

The High Court of New Zealand is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry.

<span class="mw-page-title-main">Chief Justice of New Zealand</span> Head of the New Zealand judiciary

The chief justice of New Zealand is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. The chief justice of New Zealand is also the chief justice of Tokelau. Before the establishment of the Supreme Court in 2004, the chief justice was the presiding judge in the High Court of New Zealand, and was also ex officio a member of the Court of Appeal of New Zealand. The office is established by the Senior Courts Act 2016, which describes the chief justice as "senior to all other judges".

<span class="mw-page-title-main">New Zealand Government</span> Central government of New Zealand

The New Zealand Government is the central government through which political authority is exercised in New Zealand. As in most other parliamentary democracies, the term "Government" refers chiefly to the executive branch, and more specifically to the collective ministry directing the executive. Based on the principle of responsible government, it operates within the framework that "the [King] reigns, but the government rules, so long as it has the support of the House of Representatives". The Cabinet Manual describes the main laws, rules and conventions affecting the conduct and operation of the Government.

The timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. The changes include actual law reforms, as well as other formal changes (e.g. reforms through new interpretations of laws by precedents). The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage. The timeline excludes ideological changes and events within feminism and antifeminism; for that, see Timeline of feminism.

The law of New Zealand uses the English common law system, inherited from being a part of the British Empire.

The Perth Agreement was made in Australia in 2011 by the prime ministers of what were then the sixteen states known as Commonwealth realms, all recognising Elizabeth II as their head of state. The document agreed that the governments of the realms would amend their laws concerning the succession to their shared throne and related matters. The changes, in summary, comprised:

<span class="mw-page-title-main">Judiciary of New Zealand</span> National court system

The judiciary of New Zealand is responsible for the system of courts that interprets and applies the laws of New Zealand. It has four primary functions: to provide a mechanism for dispute resolution; to deliver authoritative rulings on the meaning and application of legislation; to develop case law; and to uphold the rule of law, personal liberty and human rights. The judiciary is supported in its work by an executive department, the Ministry of Justice.

<span class="mw-page-title-main">Judicature Act 1908</span> Act of Parliament in New Zealand

The Judicature Act was an Act of the New Zealand Parliament passed in 1908, to provide for a system of appellate courts. It received royal assent on 4 August 1908.

References

  1. "Senior Courts Bill - New Zealand Parliament". Parliament.nz. Retrieved 13 December 2018.
  2. "Legislation to modernise New Zealand's court system passed by parliament - Duncan Cotterill - Lawyers New Zealand". Duncancotterill.com. Retrieved 13 December 2018.