This article provides insufficient context for those unfamiliar with the subject.(November 2018) |
Senior Courts Act 2016 | |
---|---|
New Zealand Parliament | |
Passed by | New Zealand House of Representatives |
Passed | 11 October 2016 |
Royal assent | 17 October 2016 |
Commenced | 1 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was to replace and consolidate in a single statute the Judicature Act 1908 and the Supreme Court Act 2003, which were repealed.
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.
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.
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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.
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.
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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.
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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:
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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.
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.
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".
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.
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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:
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