Judicial Review Procedure Act 2016

1: Title
This Act is the Judicial Review Procedure Act 2016.
2: Commencement
This Act comes into force on 1 March 2017. Preliminary provisions
3: Purpose of this Act
1: The purpose of this Act Part 1
a: the exercise of a statutory power:
b: the failure to exercise a statutory power:
c: the proposed or purported exercise of a statutory power.
2: The reorganisation in this Act Judicature Amendment Act 1972
4: Interpretation
In this Act applicant application for judicial review application court decision High Court Rules High Court Rules 2016 Judge licence person
a: the District Court:
b: the Māori Land Court:
c: the Māori Appellate Court presiding officer
a: a Judge:
b: a Registrar statutory power section 5 statutory power of decision
a: the rights, powers, privileges, immunities, duties, or liabilities of any person; or
b: the eligibility of any person to receive, or to continue to receive, a benefit or licence, whether that person is legally entitled to it or not. 1972 No 130 s 3
5: Meaning of statutory power
1: In this Act, statutory power
a: any Act; or
b: the constitution or other instrument of incorporation, rules, or bylaws of any body corporate.
2: The things referred to in subsection (1) are—
a: to make any secondary legislation
b: to exercise a statutory power of decision; or
c: to require any person to do or refrain from doing anything that, but for such requirement, the person would not be required by law to do or refrain from doing; or
d: to do anything that would, but for such power or right, be a breach of the legal rights of any person; or
e: to make any investigation or inquiry into the rights, powers, privileges, immunities, duties, or liabilities of any person. 1972 No 130 s 3 Section 5(2)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021
6: Act binds the Crown
1: This Act
2: However, in its application to the Crown, this Act Crown Proceedings Act 1950 1972 No 130 ss 13 14(2)
7: This Act subject to certain provisions of Employment Relations Act 2000
1: This Act is subject to the provisions of the Employment Relations Act 2000
a: applications for review; or
b: proceedings for a writ or order of, or in the nature of, mandamus, prohibition, or certiorari; or
c: proceedings for a declaration or injunctions against any body constituted by, or any person acting under, the Employment Relations Act 2000
2: In particular, this Act is subject to the following provisions of the Employment Relations Act 2000
a: section 184
b: section 187(1)(h), (i), (j), and (ka)
c: section 194A
d: section 213 1972 No 130 s 3A Section 7 replaced 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Judicial review
8: Application for judicial review
1: An application must be commenced by filing in the High Court—
a: a statement of claim; and
b: a notice of proceeding.
2: Part 5 of the High Court Rules
a: references to a plaintiff were references to an applicant; and
b: references to a defendant were references to a respondent.
3: The statement of claim need not state that any of the following relief is sought:
a: mandamus:
b: prohibition:
c: certiorari:
d: declaration:
e: injunction. 1908 No 89 Schedule 2 r 30.3(1) s 9(1), (3), (7)
9: Respondents
1: The following persons must be named as a respondent to an application:
a: the person whose act or omission is the subject matter of the application; and
b: if the application relates to any decision made in proceedings, every party to those proceedings.
2: If the act or omission is that of 2 or more persons acting together under a collective title, then those persons by their collective title must be named as respondents to the application.
3: For the purposes of subsection (1)(a), where the act or omission is that of a presiding officer of any court or tribunal, that court or tribunal, and not the presiding officer, must be named as the respondent to the application.
4: Subsection (1)(b) is subject to any direction made by a Judge under section 14 1972 No 130 s 9(4), (4A)(a), (5)
10: Respondent to file statement of defence
1: A respondent to an application must file a statement of defence unless otherwise directed by a Judge under section 14
2: Where, in accordance with section 9(3)
3: Part 5 of the High Court Rules
a: references to a defendant were references to a respondent; and
b: references to a plaintiff were references to an applicant. 1972 No 130 s 9(4A)(b), (6)
11: Proceedings for mandamus, prohibition, or certiorari must be treated as application for review
1: This section applies if, in relation to the exercise, refusal to exercise, or proposed or purported exercise of a statutory power, proceedings are commenced for a writ or an order of or in the nature of—
a: mandamus; or
b: prohibition; or
c: certiorari.
2: If this section applies, the proceedings must be treated and disposed of as if they were an application for judicial review. 1972 No 130 s 6
12: Proceedings for declaration or injunction may be treated as application for review
1: This section applies if—
a: proceedings are commenced for a declaration or an injunction, or both, with or without a claim for other relief; and
b: the exercise, refusal to exercise, or proposed or purported exercise of a statutory power is an issue in the proceedings.
2: If this section applies, the court on the application of any party may, if it considers it appropriate, direct that the proceedings be treated and disposed of, so far as they relate to the issue in subsection (1)(b), as if they were an application for judicial review. 1972 No 130 s 7
13: Case management conference
1: A Judge may, at any time, direct that a case management conference (a conference
a: the parties; or
b: the intended parties; or
c: the lawyers for the parties or intended parties.
2: The purpose of a conference is to ensure that—
a: any application or intended application may be determined in a convenient and expeditious manner; and
b: all matters in dispute may be effectively and completely determined.
3: A Judge may make a direction under subsection (1) on the Judge's own initiative or on the application of 1 or more parties or intended parties.
4: A conference may be held on such terms as the Judge thinks fit.
5: At a conference, the presiding Judge may make any of the orders and directions specified in section 14 1972 No 130 s 10(1)
14: Orders and directions
1: A Judge may make any of the orders and directions specified in subsection (2)—
a: at a case management conference held under section 13
b: at any other time before the hearing of the application.
2: The orders and directions referred to in subsection (1) are orders and directions to—
a: settle the issues to be determined at the hearing:
b: direct that—
i: a person be named, or not named, as a respondent; or
ii: the name of any party be added or struck out:
c: direct which parties are to be served:
d: direct a person to file a statement of defence within a specified time:
e: require a party to make an admission in respect of a question of fact and, if the party refuses or fails to make an admission of that kind, require that the party bear the costs of proving that question at the hearing (unless the Judge who finally determines the application is satisfied that the party's refusal was reasonable in all of the circumstances, and accordingly orders otherwise in respect of those costs):
f: fix a time by which any affidavits or other documents must be filed:
g: require the provision of further or better particulars of—
i: any facts; or
ii: the grounds for relief; or
iii: the relief sought; or
iv: the grounds of defence; or
v: any other circumstances connected with the application:
h: require a party to make discovery, produce documents, or both:
i: permit a party to administer interrogatories:
j: in the case of an application for review of a decision made in the exercise of a statutory power of decision, determine whether the whole or any part of the record of the proceedings in which the decision was made should be filed, and give any directions as to its filing:
k: exercise any powers of direction or appointment vested in the court or a Judge by the High Court Rules in respect of originating applications:
l: fix a time and a place for the hearing of the application:
m: give any consequential directions that the Judge considers necessary. 1972 No 130 s 10(2), (3)
15: Interim orders
1: At any time before the final determination of an application, the court may, on the application of a party, make an interim order of the kind specified in subsection (2) if, in its opinion, it is necessary to do so to preserve the position of the applicant.
2: The interim orders referred to in subsection (1) are interim orders—
a: prohibiting a respondent from taking any further action that is, or would be, consequential on the exercise of the statutory power:
b: prohibiting or staying any proceedings, civil or criminal, in connection with any matter to which the application relates:
c: declaring that any licence that has been revoked or suspended in the exercise of the statutory power, or that will expire by the passing of time before the final determination of the application, continues and, where necessary, that it be deemed to have continued in force.
3: However, if the Crown is a respondent,—
a: the court may not make an order against the Crown under subsection (2)(a) or (b); but
b: the court may, instead, make an interim order—
i: declaring that the Crown ought not to take any further action that is, or would be, consequential on the exercise of the statutory power:
ii: declaring that the Crown ought not to institute or continue any proceedings, civil or criminal, in connection with any matter to which the application relates.
4: An order under subsection (2) or (3) may—
a: be made subject to such terms and conditions as the court thinks fit; and
b: be expressed to continue in force until the application is finally determined or until such other date, or the happening of such other event, as the court may specify. 1972 No 130 s 8
16: Relief that court may grant
1: The High Court may, by order, grant an applicant any relief that the applicant would be entitled to in proceedings for—
a: a writ or an order of, or in the nature of,—
i: mandamus; or
ii: prohibition; or
iii: certiorari; or
b: a declaration or an injunction.
2: If an applicant is entitled to an order declaring that a decision made in the exercise of a statutory power of decision is unauthorised or otherwise invalid, the court may, instead of making that order, set aside the decision.
3: This section applies even if—
a: the applicant has a right of appeal in relation to the subject matter of the application:
b: the person who has exercised, or is proposing to exercise, a statutory power to which the application relates was not under any duty to act judicially. 1972 No 130 s 4(1)–(2A)
17: Court may direct reconsideration of matter to which statutory power of decision relates
1: This section applies if the court is satisfied that an applicant who has filed an application for judicial review in relation to the exercise, refusal to exercise, or purported exercise of a statutory power of decision is entitled to relief under section 16
2: The court may make a direction under subsection (3) in addition to or instead of granting any relief under section 16
3: The court may direct any person whose act or omission is the subject matter of the application to reconsider and determine, either generally or in respect of any specified matters, the whole or any part of any matter to which the application relates.
4: In giving a direction to any person under subsection (3), the court must—
a: advise the person of the reasons for the direction; and
b: give the person such directions as it thinks just as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.
5: If the court makes a direction under subsection (3), it may make an interim order under section 15
6: If a matter is referred back to any person under subsection (3),—
a: the act or omission that is to be reconsidered continues to have effect (subject to any interim order) unless and until it is revoked or amended by that person:
b: the person has jurisdiction to reconsider and determine the matter in accordance with the court's directions despite anything in any other enactment:
c: the person must have regard to—
i: the court's reasons for giving the direction; and
ii: the court's directions. 1972 No 130 s 4(5), (6)
18: Discretion of court to refuse to grant relief
1: The court may refuse to grant relief to an applicant on any ground if, before 1 January 1973, the court had discretion to refuse to grant relief on that ground in any of the proceedings specified in section 16(1)
2: However, the court may not exercise its discretion in subsection (1) to refuse to grant relief on the ground that the relief sought in any of the proceedings specified in section 16(1) 1972 No 130 s 4(3), (4)
19: Discretion of court to refuse to grant relief for defect in form or technical irregularity
1: This section applies if, in any application for judicial review in relation to the exercise, refusal to exercise, or purported exercise of a statutory power of decision,—
a: the sole ground of relief established is a defect in form or a technical irregularity; and
b: the court finds that no substantial wrong or miscarriage of justice has occurred.
2: If this section applies, the court may—
a: refuse to grant relief; and
b: where a decision has already been made, make an order validating the decision despite the defect or irregularity.
3: An order made under subsection (2)(b) has effect from such time and on such terms as the court thinks fit. 1972 No 130 s 5
20: Appeals
Any party who is dissatisfied with any interlocutory or final order made in respect of an application may appeal to the Court of Appeal in accordance with section 56 of the Senior Courts Act 2016 1972 No 130 s 11
21: References in enactments
Every reference in an enactment to proceedings for a writ or an order of, or in the nature of, mandamus, prohibition, or certiorari, or for a declaration or an injunction, must, unless the context otherwise requires, be read as including a reference to an application for review. 1972 No 130 s 16 Repeal, transitional provision, and consequential amendments
22: Repeal
The Judicature Amendment Act 1972 2017-03-01 Judicature Amendment Act 1972
23: Transitional provision
1: This section applies to all judicial review proceedings commenced under the Judicature Amendment Act 1972
2: Despite the repeal of the Judicature Amendment Act 1972
3: If any question arises as to the continuation or completion of a proceeding under subsection (2), the court may, either on the application of a party to the proceeding or on its own initiative, determine the question and give any directions that it thinks fit in the interests of justice.
4: In this section, commencement date
24: Consequential amendments
The enactments specified in the Schedule 2017-03-01 Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 Canterbury Earthquake Recovery Act 2011 Children, Young Persons, and Their Families Act 1989 Court Martial Act 2007 Criminal Proceeds (Recovery) Act 2009 Crown Proceedings Act 1950 Employment Relations Act 2000 Epidemic Preparedness Act 2006 Fisheries Act 1996 Gambling Act 2003 Harmful Digital Communications Act 2015 Housing Accords and Special Housing Areas Act 2013 Immigration Act 2009 International Crimes and International Criminal Court Act 2000 International War Crimes Tribunals Act 1995 Local Government Official Information and Meetings Act 1987 Major Events Management Act 2007 Maori Commercial Aquaculture Claims Settlement Act 2004 Maori Fisheries Act 2004 New Zealand Security Intelligence Service Act 1969 Official Information Act 1982 Pitcairn Trials Act 2002 Privacy Act 1993 Resource Management Act 1991 Resource Management Amendment Act 2005 Sale and Supply of Alcohol Act 2012 Serious Fraud Office Act 1990 Terrorism Suppression Act 2002 Employment Court Regulations 2000 High Court Fees Regulations 2013 Trans-Tasman Proceedings Regulations and Rules 2013


Interest on Money Claims Act 2016

1: Title
This Act is the Interest on Money Claims Act 2016.
2: Commencement
This Act comes into force on 1 January 2018 Preliminary provisions
3: Primary purpose
1: The primary purpose of this Act
2: That purpose is to be achieved by the award of interest in accordance with the following principles:
a: interest is to be awarded on all money claims except those expressly excluded by this Act
b: interest is to be paid from the day on which the money claim is quantified until the day of payment:
c: the interest rate to be used for the purposes of this Act
i: the rate is to be capable of fluctuating in accordance with changes in the retail 6-month term deposit rate published by the Reserve Bank of New Zealand; and
ii: interest is to be compounded so that it yields the per annum simple interest rate over the period of a year; and
iii: interest is to be calculated using a calculator that is publicly available on an Internet site maintained by or on behalf of the Ministry:
d: in special circumstances, a court is to have power to award any interest or compensatory lump sum it may direct, or make no award.
4: Additional purpose
This Act see Schedule 2
5: Application
This Act
6: Interpretation
1: In this Act court
a: does not include a tribunal or an arbitral tribunal; and
b: in relation to a matter, means the court by or before which the matter falls to be determined daily effective rate initial amount section 11 section 10 17 18 interest
a: in relation to the payment or non-payment of interest under another Act or a contract, includes the payment of any amount, however calculated, as compensation for a delay in payment; and
b: in relation to a claim for, or an award of, interest under this Act section 18 24 interest rate section 12(3) Internet site calculator section 13 judgment debt Act last day
a: the day specified in section 9(1)(b)
b: if the period is specified under section 9(2)(b) Ministry Act money judgment
a: means a judgment or an order given or made by a court in a civil proceeding that requires the payment of money; and
b: includes a judgment obtained by default or in accordance with a summary judgment procedure pay prescribed section 27 start date
a: the date on which the period begins under section 9(1)(a)
b: if the period is specified under section 9(2)(b)
2: An example used in this Act
a: the example is only illustrative of the provision to which it relates and does not limit the provision; and
b: if the example and the provision to which it relates are inconsistent, the provision prevails.
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
8: Act binds the Crown
This Act
1: Award of interest
Interest to be awarded
9: Period for mandatory award of interest
1: When giving a money judgment, a court must award interest under this Act
a: begins either—
i: on the day on which the cause of action arose; or
ii: if the amount on which interest is to be awarded was not quantified at the day on which the cause of action arose, on a later day that the court specifies in the judgment as the day at which that amount was quantified; and
b: ends on the day on which the judgment debt (including all interest payable under this Act
2: Subsection (1) applies unless—
a: this Act Act
b: the court, in accordance with this Act
3: Despite subsections (1) and (2), interest under this Act
a: after the proceeding has been commenced but before the date of judgment, in or towards satisfying a party’s liability; or
b: after the date of judgment, towards satisfying a judgment debt.
10: Mandatory award of interest
1: In every money judgment, a court must award interest under this section as compensation for a delay in the payment of money.
2: Subsection (1) does not apply if this Act
3: If, after a proceeding for a money claim is commenced but before a money judgment is given, any amount is paid so that the entire amount due, except for interest, is paid, then (unless this Act
a: the party who had the money claim is still entitled to interest under this section; and
b: the court must award interest under this section although the judgment requires no other payment to satisfy the liability of a party.
11: Initial amount
1: When the court awards interest under section 10 initial amount
2: The initial amount in respect of a period must include any amount paid in or towards satisfying a party’s liability after a proceeding for a money claim is commenced but before a money judgment is given if that period begins at a date earlier than the date of that payment.
3: The initial amount in respect of a period must include accrued interest on any amount on which interest is awarded, for any earlier period specified in the judgment, under—
a: section 10 Act
b: any other Act; or
c: a contract.
12: Calculation of interest awarded under section 10
1: Interest awarded under section 10 sections 14 15 Act
2: For the purposes of subsection (1), interest accrued over any particular year is to be added to the principal in the subsequent year.
3: In this section, interest rate A
a: base rate
i: the average of the 6 observations for the retail 6-month term deposit rate most recently published by the Reserve Bank of New Zealand before day A; or
ii: if some other indicator interest rate is prescribed as the base rate that applies for the purposes of this section from a specified date, the prescribed rate, if day A is after the specified date; and
b: premium
i: 0.15%; or
ii: if some other percentage is prescribed as the premium that applies for the purposes of this section from a specified date, the prescribed premium, if day A is after the specified date.
4: For the purposes of subsection (3)(a)(i), every observation for the retail 6-month term deposit rate published by the Reserve Bank of New Zealand—
a: before this Act comes into force is deemed to have been published on the first day of the month following the month to which the observation relates; and
b: after this Act comes into force is published on the date that it is first published on the Internet site of the Reserve Bank of New Zealand. Example
Assumed facts Interest on a debt of $10,000 is to be calculated in respect of 15 November 2012. For 15 November 2012, the 6 most recent observations for the retail 6-month term deposit rate that had been published by the Reserve Bank of New Zealand* at that date are 4.13%, 4.11%, 4.11%, 4.10%, 3.96%, and 3.95%, being the rates observed on the last business day of the months from May 2012 to October 2012. The average of these 6 observations is 4.06%. This is the base rate. The base rate and the premium, namely, 0.15%, are added, with the result for 15 November 2012 being 4.21%. This is a per annum simple interest rate. This is required to be converted to a daily effective rate. The formula for this conversion is as follows: Daily effective rate = ((1+"per annum simple interest rate as %"/100)^(1/365)-1) x 100 The result of applying this formula to 4.21% is as follows: Daily effective rate = 0.0112986952452543. This is the interest rate expressed as a daily effective rate for 15 November 2012. If the debt was not paid on 16 November 2012, the amount on which interest would accrue would be the $10,000 plus the interest in respect of 15 November 2012 as calculated without rounding. * See
13: Internet site calculator
1: The chief executive of the Ministry must—
a: establish and maintain a calculator to be used for the purposes of this Act
b: make the calculator publicly available at all reasonable times on an Internet site maintained by, or on behalf of, the Ministry.
2: The chief executive of the Ministry must ensure that the calculator—
a: allows interest to be—
i: calculated at the relevant interest rate or interest rates expressed as a daily effective rate; and
ii: calculated at daily intervals; and
b: complies with any prescribed rules or requirements governing the establishment or operation of the Internet site calculator.
3: The calculator is presumed, unless the contrary is shown, to have been established and maintained in accordance with subsection (2).
4: The court, on an application by a party to a proceeding made before the judgment is sealed or, if permitted by the rules of court, any later date permitted by those rules, may make such orders as it considers just if it is satisfied that the Internet site calculator has not allowed interest to be calculated in accordance with subsection (2)(a), resulting in an error in an award of interest made in the proceeding.
5: However, no action lies against the Crown, the Reserve Bank of New Zealand, or an officer or employee or Minister of the Crown or the Reserve Bank of New Zealand, or any other person, to recover any damages or other amount for any loss, damage, or other adverse effect due directly or indirectly to any act or omission in respect of the establishment and operation of the Internet site calculator.
6: No person is exempted from liability under subsection (5) for any act or omission that constitutes bad faith on the part of that person.
14: Calculation if judgment debt paid in full in 1 payment
1: If a party pays, or were to pay, a judgment debt in full in 1 payment, the amount payable is to be calculated using the Internet site calculator by inserting the initial amount, the start date, and the last day.
2: The resulting amount is the total amount, including interest, that is required to satisfy the judgment debt. Example
Assumed facts On 15 March 2012, the debtor purchased goods from the creditor for $10,000 and failed to pay for them. On 1 July 2012, a court gave judgment in respect of the goods sold for an amount of $10,000 plus interest under this Act Calculation The start date (15 March 2012), the last day (15 December 2012), and the initial amount ($10,000) are entered into the Internet site calculator. Using that information, the total amount, including interest, required to satisfy the judgment debt on 15 December 2012 is calculated. That total amount is $10,323.25. All calculations are made by the Internet site calculator.
15: Calculation if judgment debt paid in instalments
1: If a party has paid an instalment or instalments of a judgment debt, the balance required to pay the judgment debt in full on a particular date is to be calculated using the Internet site calculator by entering the initial amount, the start date, the last day, the amount of each instalment, and the date of payment of each instalment.
2: The resulting amount is the total amount, including interest, required to satisfy the balance of the judgment debt in full on the particular date. Example
Assumed facts On 15 July 2012, a court gave judgment for negligent advice for a sum of $10,000 damages plus interest under this Act section 9 Calculation The start date (15 July 2012), the last day (15 December 2012), and the initial amount ($10,000) are entered into the Internet site calculator. Using that information, the total amount from which the value of the instalments will be subtracted is calculated. This total amount is $10,177.63. Then the amount of each instalment and the corresponding date of payment are entered into the Internet site calculator ($1,000 on 15 October 2012 and 15 November 2012). After the 2 instalments are entered, a total value of instalments is calculated. This amount is $2,010.31. The total value of instalments is subtracted from $10,177.63 to give the total amount, including interest, required to satisfy the judgment debt on 15 December 2012. That amount is $8,167.32. All calculations are made by the Internet site calculator.
16: References to paying debt in full or paying instalments
In sections 14 15
17: Discretion if money judgment expressed in foreign currency
1: If an initial amount specified in a money judgment in respect of a period is expressed in a foreign currency, the court may,—
a: instead of awarding interest to be calculated as provided in sections 12 to 16
b: determine the manner (with or without compounding) by which interest at that rate is to be calculated.
2: The court may not award interest under this section on an amount for any period unless interest could have been, but was not, awarded as provided in sections 10 to 16
18: Discretion in special circumstances
1: If, in the opinion of the court, special circumstances make it inequitable to award interest in a money judgment under sections 10 to 16 section 17
a: award interest on all or part of the amount of the money judgment at the rate and calculated in the manner (with or without compounding) that the court directs; or
b: award a lump sum as compensation for a delay in the payment of all or part of that amount; or
c: determine not to award interest or a lump sum.
2: The court may not award interest under this section on an initial amount for any period unless interest could have been, but was not, awarded as provided in sections 10 to 16
2: Where interest is not to be awarded
19: No interest to be awarded on penalty
A court may not award interest under this Act
20: Restrictions on award of interest for certain specified periods
1: A court may not award interest under this Act
2: A court may not award interest under this Act
21: No interest to be awarded for period contrary to provisions of another Act
1: A court may not award interest under this Act
2: A court may not award interest under this Act
22: Award of interest if contract makes relevant provision
1: This section and section 23
2: A court may award interest for a period to which this section applies in accordance with the rights and obligations of the parties specified in the contract.
3: Subsection (2) applies despite—
a: Part 1 section 24
b: any rule of law that after judgment is given rights and obligations under a contract merge in the judgment.
4: A court may not award interest under this Act
5: A court may not award interest under Part 1 section 24
23: Rules of interpretation for contractual provisions
Unless the contract expressly provides otherwise, a provision in the contract as to—
a: the payment or non-payment of interest on an unpaid amount payable under, or for the breach of, the contract must be taken to apply for the purposes of section 22
b: a rate of interest payable on any unpaid amount must be taken to be inconsistent with an award of interest under Part 1 section 24
24: Special provision for interest or lump sum relating to contracts entered into before commencement
1: This section applies to the period before the date of a money judgment if the judgment is given for an amount under, or for breach of, a contract entered into before the coming into force of this Act
2: Where this section applies to a period before the date of a money judgment,—
a: the court may not award interest under Part 1
b: the court may—
i: award interest on all or part of the amount of the money judgment at a rate not exceeding the rate prescribed for the purposes of this section, calculated in the manner (with or without compounding) that the court directs; or
ii: award a lump sum that is not greater than could be awarded under subparagraph (i) as compensation for a delay in the payment of all or part of that amount; or
iii: determine not to award interest or a lump sum. Section 24(2)(b)(i) 5% per annum prescribed as maximum rate of interest 12 April 2019 regulation 4 Interest on Money Claims Regulations 2019
3: Supplementary and miscellaneous provisions
25: Court may not award interest unless procedural requirements complied with
1: A court may not award interest under a section of this Act Examples
In the case of the example in section 14, the creditor would specify in its statement of claim section 10 as the section under which interest is claimed and 1 March 2012 to the date of payment as the period for which interest is claimed. In the case of the example in section 15, the plaintiff would specify in its statement of claim section 10 as the section under which interest is claimed and the date of judgment to the date of payment as the period for which interest is claimed. If the plaintiff wanted to claim that special circumstances make it inequitable to award interest under sections 10 to 16, or section 17, the plaintiff could specify in its statement of claim section 18 as the section under which interest is claimed (the plaintiff would also specify the period for which interest is claimed).
2: If a party claims interest under section 17 18 22 24
a: the party must specify in that party’s statement or notice of claim or counterclaim the amount or rate of interest claimed; and
b: the court may not award interest—
i: exceeding the amount claimed under paragraph (a); or
ii: at a rate exceeding the rate claimed under paragraph (a).
3: Nothing in this section prevents interest being claimed in a statement or notice of claim or counterclaim in the alternative.
4: Nothing in this section prevents a court from making an award of interest where the court has at any time made or accepted an amendment to a statement or notice of claim or counterclaim in accordance with the rules of court and where that statement or notice of claim or counterclaim, as amended, complies with the requirements in subsections (1) and (2).
26: Preservation of common law and equitable rights
1: This Act
2: However, a court may not award interest under this Act
27: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing an indicator interest rate (or a formula or other methodology for setting another indicator interest rate) as the base rate for the purposes of section 12(3)
b: prescribing a percentage as the premium for the purposes of section 12(3)
c: prescribing rules or requirements governing the establishment or operation of the Internet site calculator:
d: prescribing the rate of interest for the purposes of section 24(2)(b)(i)
e: prescribing when a judgment debt or an instalment of a judgment debt is paid or deemed to be paid for the purposes of any provision of this Act
f: providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.
2: Regulations for the purposes of subsection (1)(e) may make different provision for different methods of payment, and for different circumstances relating to a payment or method of payment (including, without limitation, circumstances concerning the location of persons involved in a payment and any regulatory requirement, limitation, or other matter that may affect when, how, by whom, or the time within which a payment may be made).
3: The Minister may recommend the making of regulations under subsection (1)(a) or (b) only if the Minister is satisfied that the change to the interest rate in section 12(3)
a: simple, accessible, and predictable law:
b: commercially realistic, and fair, compensation for creditors:
c: a method of calculating interest owed using a published interest multiplier that is updated regularly and administratively, and is easy to use.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
28: Calculation of interest for amounts under other enactments
The provisions set out in Schedule 2
29: Amendments to other enactments
The enactments specified in Schedule 3 2018-01-01 Accident Compensation Act 2001 Administration Act 1969 Arbitration Act 1996 Companies Act 1993 Disputes Tribunal Act 1988 District Court Act 2016 Employment Relations Act 2000 Holidays Act 2003 Insolvency Act 2006 Land Transfer Act 1952 Life Insurance Act 1908 Maori Reserved Land Amendment Act 1997 Prisoners' and Victims' Claims Act 2005 Public Works Act 1981 Retirement Villages Act 2003 Sharemilking Agreements Act 1937 Te Ture Whenua Maori Act 1993 Trustee Act 1956 Waste Minimisation Act 2008 Weathertight Homes Resolution Services Act 2006 Cadastral Survey (Fees) Regulations 2003 Electricity Industry (Enforcement) Regulations 2010 Financial Markets Conduct Regulations 2014 Gas Governance (Compliance) Regulations 2008 High Court Rules 2016 Land Information New Zealand (Fees and Charges) Regulations 2003 Land Transfer Regulations 2002 Retirement Villages (General) Regulations 2006 Sharemilking Agreements Order 2011


1: Title
This Act is the Electronic Courts and Tribunals Act 2016.
2: Commencement
This Act comes into force on 1 March 2017. Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: facilitate the use of permitted documents in, or with respect to, the proceedings of courts and tribunals; and
b: allow references to documents in existing enactments relating to the processes of courts and tribunals to be interpreted as including permitted documents; and
c: permit the filing of permitted documents at any specified place.
4: Interpretation
1: In this Act, unless the context otherwise requires,— associated process electronic information system Minister paper-based form permitted document
2: None of the following documents is a permitted document unless and until the Governor-General, by Order in Council made on the recommendation of the Minister, declares it to be a permitted document:
a: a document given on oath or by affirmation:
b: a statutory declaration:
c: a will, a codicil, or any other testamentary instrument:
d: a power of attorney or an enduring power of attorney:
e: a negotiable instrument:
f: any notice required to be attached to any thing or left or displayed in any place:
g: any warrant or other instrument authorising entry into premises or the search or seizure of any person or thing:
h: any other document specified by the Governor-General by Order in Council made on the recommendation of the Minister:
i: an item specified in any of paragraphs (a) to (h) that is required to be served by personal service.
3: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Act binds the Crown
This Act binds the Crown. General provisions
6: Application
1: This Act applies to 1 or more of the following specified by the Governor-General by Order in Council made on the recommendation of the Minister:
a: any court or tribunal:
b: any particular jurisdiction of a court or tribunal:
c: any court or tribunal located in a particular place:
d: any particular jurisdiction of a court or tribunal located in a particular place.
2: This Act does not apply to any class of persons specified by the Governor-General by Order in Council made on the recommendation of the Minister.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Permitted documents may be used
1: A court or tribunal, or a participant in proceedings before a court or tribunal, may use permitted documents in, or with respect to, the proceedings of the court or tribunal.
2: However, nothing in this Act requires a person to use, provide, or accept a permitted document without the person's consent.
3: Despite subsection (2), a class of persons specified in regulations made under section 33
a: in a specified court or tribunal; or
b: in a specified jurisdiction of a court or tribunal; or
c: in specified circumstances.
4: Nothing in subsection (2) overrides any provision in any other Act that requires a person to use, provide, or accept a permitted document.
8: Consent may be inferred from person's conduct
A person's consent to use, provide, or accept a permitted document may be inferred from the person's conduct, including (but not limited to)—
a: filing a permitted document with a court or tribunal:
b: providing to a court or tribunal an electronic address where permitted documents may be sent. 2006 No 40 s 219(1)
9: Presumption of validity
In the absence of proof to the contrary, a document is not invalid merely because it is a permitted document.
10: Certain documents to be treated as permitted documents
A court or tribunal must treat a reference to a document, or its associated process, in an enactment relating to the processes of a court or tribunal as a reference to a permitted document unless—
a: the enactment explicitly provides otherwise; or
b: the context of the enactment requires a different interpretation. 1999 No 85 s 4(1) Manner in which permitted documents meet certain non-electronic requirements
11: Requirement for information to be in writing
A requirement that information be in writing is met by information in a permitted document if the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 18
12: Requirement for information to be recorded in writing
A requirement that information be recorded in writing is met by recording the information in a permitted document if the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 19
13: Requirement for information to be given in writing
1: A requirement to give information in writing is met by giving the information in a permitted document if the information is readily accessible so as to be usable for subsequent reference.
2: Subsection (1) applies even if the information must be given in a specified manner (for example, by filing, sending, serving, delivering, lodging, or posting the information).
3: In this section, requirement to give information
a: making an application:
b: making or lodging a claim:
c: giving, sending, or serving a notification:
d: lodging a return:
e: making a request:
f: making a declaration:
g: lodging or issuing a certificate:
h: making, varying, or cancelling an election:
i: lodging an objection:
j: giving a statement of reasons:
k: lodging an appeal. 2002 No 35 s 20(1), (3), (4)
14: Requirement to provide multiple copies of information
A requirement to provide multiple copies of information to the same person at the same time is met by providing a single electronic version of the information in a permitted document. 2002 No 35 s 20(2)
15: Requirement to provide information in certain form
A requirement to provide information in a manner that complies with a paper-based form is met by providing the information in a permitted document if the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 21
16: Requirement for signatures
A requirement for a signature, other than a witness's signature, is met in a permitted document by means of an electronic signature if the electronic signature—
a: adequately identifies the signatory and adequately indicates the signatory's approval of the information to which the signature relates; and
b: is as reliable as is appropriate given the purpose for which, and the circumstances in which, the signature is required. 2002 No 35 s 22(1)
17: Requirement for signatures of witnesses
A requirement for a signature or a seal to be witnessed is met in a permitted document by means of a witness's electronic signature if,—
a: in the case of the witnessing of a signature, the signature to be witnessed is an electronic signature that complies with section 16
b: in the case of the witnessing of a signature or a seal, the electronic signature of the witness—
i: adequately identifies the witness and adequately indicates that the signature or seal has been witnessed; and
ii: is as reliable as is appropriate given the purpose for which, and the circumstances in which, the witness's signature is required. 2002 No 35 s 23(1)
18: Requirement for seals
A requirement for a seal is met in a permitted document by means of an electronic seal if the electronic seal—
a: adequately identifies the party attaching the seal; and
b: is as reliable as is appropriate given the purpose for which, and the circumstances in which, the seal is required.
19: Presumption about reliability of electronic signatures
1: For the purposes of sections 16 17
a: the means of creating the electronic signature is linked to the signatory and to no other person; and
b: the means of creating the electronic signature was under the control of the signatory and of no other person; and
c: any alteration to the electronic signature made after the time of signing is detectable; and
d: where the purpose of the legal requirement for a signature is to provide assurance as to the integrity of the information to which it relates, any alteration made to that information after the time of signing is detectable.
2: Subsection (1) does not prevent any person from proving on other grounds or by other means that an electronic signature—
a: is as reliable as is appropriate; or
b: is not as reliable as is appropriate. 2002 No 35 s 24
20: Requirement to retain document or information that is in paper-based form
1: A requirement to retain information that is in paper-based form is met by retaining an electronic form of the information in a permitted document if—
a: the electronic form provides a reliable means of maintaining the integrity of the information; and
b: the information is readily accessible so as to be usable for subsequent reference.
2: Subsection (1) applies to information that is a public record within the meaning of the Public Records Act 2005
3: To avoid doubt, if information is retained in electronic form in accordance with subsection (1), the paper-based form of that information need not be retained. 2002 No 35 s 25
21: Requirement to retain information that is in electronic form
A requirement to retain information that is in a permitted document is met by retaining the information—
a: in paper-based form if the paper-based form provides a reliable means of maintaining the integrity of the information; or
b: in electronic form if—
i: the electronic form provides a reliable means of maintaining the integrity of the information; and
ii: the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 26
22: Extra conditions for electronic communications
In addition to the conditions specified in section 21
a: the person must also retain the details obtained by that person that enable the identification of—
i: the origin of the electronic communication; and
ii: the destination of the electronic communication; and
iii: the time when the electronic communication was sent and the time when it was received; and
b: the details referred to in paragraph (a) must be readily accessible so as to be usable for subsequent reference. 2002 No 35 s 27
23: Requirement to provide or produce information that is in paper-based form
A requirement to provide or produce information in paper-based form is met by providing or producing the information in electronic form, whether by means of an electronic communication or otherwise, if—
a: the form and means of the provision or production of the information reliably maintain the integrity of the information, given the purpose for which, and the circumstances in which, the information is required to be provided or produced; and
b: the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 28(a), (b)
24: Requirement to provide or produce information that is in electronic form
A requirement to provide or produce information that is in a permitted document is met by providing or producing the information—
a: in paper-based form, but, if the integrity of the information cannot be reliably maintained, the person who must provide or produce the information must—
i: notify every person to whom the information is required to be provided or produced of that fact; and
ii: if requested to do so, provide or produce the information in electronic form in accordance with paragraph (b); or
b: in electronic form if—
i: the form and means of the provision or production of the information reliably maintain the integrity of the information, given the purpose for which, and the circumstances in which, the information is required to be provided or produced; and
ii: the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 29(a), (b)(i), (ii)
25: Requirement to provide access to information that is in paper-based form
A requirement to provide access to information that is in paper-based form is met by providing access to the information in a permitted document if the form and means of access to the information reliably maintain the integrity of the information, given the purpose for which, and the circumstances in which, access to the information is required to be provided. 2002 No 35 s 30(a)
26: Requirement to provide access to information that is in electronic form
A requirement to provide access to information that is in a permitted document is met by providing access to the information—
a: in paper-based form, but, if the integrity of the information cannot be reliably maintained, the person who must provide access to the information must—
i: notify every person to whom access is required to be provided of that fact; and
ii: if requested to do so, provide access to the information in electronic form in accordance with paragraph (b); or
b: in electronic form, whether by means of an electronic communication or otherwise, if the form and means of access to the information reliably maintain the integrity of the information, given the purpose for which, and the circumstances in which, access to the information is required to be provided. 2002 No 35 s 31(a), (b)(i)
27: Requirement relating to content of information
Nothing in this Act affects any requirement in any enactment to the extent that the requirement relates to the content of information. 2002 No 35 s 33
28: Copyright in works in permitted documents
The copyright in a work in a permitted document is not infringed by any of the following acts if they are carried out for the purposes of meeting a paper-based requirement by electronic means:
a: the generation of an electronic form of a document:
b: the production of information by means of an electronic communication. 2002 No 35 s 34 Rules regarding transmission of permitted documents
29: Time of dispatch of permitted documents
A permitted document is taken to be dispatched at the time the permitted document first enters an information system outside the control of the originator. 2002 No 35 s 10(1)
30: Time of receipt of permitted documents
A permitted document is taken to be received at the time the permitted document first enters the information system that the addressee has designated for the purpose of receiving the permitted document. 2002 No 35 s 11(a)
31: Place of filing
1: Despite section 37(2) section 33
2: The place for filing may be—
a: centralised or located within the jurisdiction of the relevant court or tribunal:
b: physical or electronic. Fees and regulations
32: Filing fees payable for permitted documents
1: Despite section 37(2)
a: the fee that is prescribed for that document in regulations made under section 33
b: if a fee is not prescribed for that document in regulations made under section 33
2: A fee that is payable under subsection (1)(a) is inclusive of goods and services tax.
3: Whether a fee that is payable under subsection (1)(b) is inclusive or exclusive of goods and services tax is to be determined under the relevant enactment.
33: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing any conditions that a permitted document must meet to be used, provided, or accepted by a court or tribunal, or a participant in proceedings before a court or tribunal:
b: prescribing the form or forms of permitted documents:
c: prescribing any fees for the filing of permitted documents:
d: prescribing any fee discount, which may be expressed as—
i: a specified amount that applies to a specified document; or
ii: a percentage that applies to a range of documents:
e: prescribing the place or places for filing permitted documents:
f: specifying any classes of persons required to use, provide, or accept a permitted document—
i: in a specified court or tribunal in which the permitted document must be used, provided, or accepted:
ii: in a specified jurisdiction of a court or tribunal in which the permitted document must be used, provided, or accepted:
iii: in specified circumstances in which the permitted document must be used, provided, or accepted:
g: providing for any other matters that are contemplated by, or necessary for, giving full effect to this Act and its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Consequential amendments and transitional provisions
34: Amendment to Electronic Identity Verification Act 2012
1: This section amends the Electronic Identity Verification Act 2012
2: After section 67(1)(c)
ca: a court or tribunal specified in an order made under section 6 of the Electronic Courts and Tribunals Act 2016 2017-03-01 Electronic Identity Verification Act 2012
35: Amendment to Electronic Transactions Act 2002
1: This section amends the Electronic Transactions Act 2002
2: In the Schedule, Part 1 Electronic Courts and Tribunals Act 2016 ( 2016 No 52 2017-03-01 Electronic Transactions Act 2002
36: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: After section 352(1)
1A: Nothing in subsection (1) overrides the provisions of the Electronic Courts and Tribunals Act 2016 2017-03-01 Resource Management Act 1991
37: Transitional provisions
1: If any relevant provision of this Act applies to a court or tribunal, it applies to all proceedings commenced in that court or tribunal before, on, or after the application of that provision except—
a: the continuation of a hearing that commenced before the application of that provision; and
b: any appeal from, or review of, a determination made at a hearing of that kind.
2: Any legislative instrument amending the rules of court that is made after the commencement of this section must be consistent with the provisions of this Act. 2006 No 69 s 5


Arbitration Amendment Act 2016

1: Title
This Act is the Arbitration Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017.
3: Principal Act
This Act amends the Arbitration Act 1996 principal Act 2017-03-01 Arbitration Act 1996
4: Section 2 amended (Interpretation)
In section 2(1) arbitral tribunal arbitral tribunal
a: means a sole arbitrator, a panel of arbitrators, or an arbitral institution; and
b: includes any emergency arbitrator appointed under—
i: the arbitration agreement that the parties have entered into; or
ii: the arbitration rules of any institution or organisation that the parties have adopted
5: New section 6A inserted (Minister of Justice to appoint body to resolve certain matters)
After section 6
6A: Minister of Justice to appoint body to resolve certain matters
1: The Minister of Justice must, by notice in the Gazette
2: The Minister of Justice may, by notice in the Gazette subsection (1)
6: Schedule 1 amended
1: In Schedule 1, article 11(3)(a) the High Court the appointed body
2: In Schedule 1, article 11(3)(b) the High Court the appointed body
3: In Schedule 1, article 11(4) the High Court the appointed body
4: In Schedule 1, article 11(5) the High Court the appointed body
5: In Schedule 1, article 11(5) The court The appointed body
6: In Schedule 1, article 11(6) the High Court the appointed body
7: In Schedule 1, after article 11(6)
7: A party may apply to the High Court to appoint an arbitrator or arbitrators if—
a: the appointed body is unable or fails to appoint an arbitrator under paragraph (3) within 30 days of receiving a request to do so; or
b: a dispute arises in respect of the appointment process that the appointed body uses.
8: In this article, appointed body section 6A


Bills of Exchange Amendment Act 2016

1: Title
This Act is the Bills of Exchange Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017.
3: Principal Act
This Act amends the Bills of Exchange Act 1908 principal Act 2017-03-01 Bills of Exchange Act 1908
4: New section 96A inserted (Actions on other lost negotiable instruments)
After section 96
96A: Actions on other lost negotiable instruments
Section 70 applies to a negotiable instrument that is not a bill in the same way as it applies to a bill. 1908 No 89 s 88; 1947 No 16 s 118


1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017.
3: Principal Act
This Act amends the Children, Young Persons, and Their Families Act 1989 principal Act 2017-03-01 Children, Young Persons, and Their Families Act 1989
4: Section 434 amended (Principal Youth Court Judge)
After section 434(7)
8: The Chief District Court Judge may authorise a Youth Court Judge to act in place of the Principal Youth Court Judge if—
a: the Principal Youth Court Judge is absent for any reason; or
b: the office of the Principal Youth Court Judge is vacant.


Building Societies Amendment Act 2016

1: Title
This Act is the Building Societies Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017
3: Principal Act
This Act Building Societies Act 1965 principal Act 2017-03-01 Building Societies Act 1965
4: New section 136A inserted (Jurisdiction of District Court)
After section 136
136A: Jurisdiction of District Court
The District Court has jurisdiction in relation to—
a: the settlement of disputes between any building society and its members where the amount involved does not exceed $350,000:
b: the recovery of money and enforcement of claims by or against any building society not exceeding in amount or value the sum of $350,000:
c: all other matters arising under this Act not exceeding in amount or value the sum of $350,000. 1947 No 16 s 33


Companies Amendment Act 2016

1: Title
This Act is the Companies Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017
3: Principal Act
This Act Companies Act 1993 principal Act 2017-03-01 Companies Act 1993
4: Section 2 amended (Interpretation)
In section 2(1) association Schedule 11
a: a body corporate (other than a company, an overseas company, or a body corporate that may be put into liquidation under or in accordance with the Act under which it is incorporated or registered); and
b: a partnership; and
c: an unincorporated body of persons
5: Section 235 amended (Interpretation)
1: In section 235, company that may be put into liquidation under section 17A of the Judicature Act 1908
2: In section 235, definition of company
d: any other body corporate to which this Part applies under any enactment
3: In section 235 shareholder
6: Section 240 amended (Interpretation)
After section 240(1)
1A: In this Part, company
a: a company within the meaning of section 2:
b: an overseas company to which this Part applies ( see
c: an association ( see section 240B
d: any other body corporate to which this Part applies under any other enactment.
7: New section 240B inserted (Liquidation of associations)
After section 240A
240B: Liquidation of associations
An association may be put into liquidation under this Part, and this Part applies to an association, subject to the modifications and exclusions set out in Schedule 11
8: New Schedule 11 inserted
After Schedule 10 Schedule 11 Schedule Consequential amendments
9: Amendments to Crown Entities Act 2004
1: This section amends the Crown Entities Act 2004
2: In the heading to section 177 Judicature Act 1908 Companies Act 1993
3: In section 177 sections 17A to 17E of the Judicature Act 1908 apply section 240B 2017-03-01 Crown Entities Act 2004
10: Amendments to Customs and Excise Act 1996
1: This section amends the Customs and Excise Act 1996
2: In section 101(3) , and Schedule 7 of,
3: In section 101(5) section 17B of the Judicature Act 1908 the requirements of section 312 of the Companies Act 1993 (as applied by section 240B 2017-03-01 Customs and Excise Act 1996


Contractual Remedies Amendment Act 2016

1: Title
This Act is the Contractual Remedies Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017.
3: Principal Act
This Act amends the Contractual Remedies Act 1979 principal Act 2017-03-01 Contractual Remedies Act 1979
4: New section 4A inserted (Stipulations not essence of contracts)
After section 4
4A: Stipulations not essence of contracts
Stipulations in contracts as to time or otherwise that would not, before 13 September 1882 (the date of the coming into force of the Law Amendment Act 1882), have been deemed to be or to have become the essence of such contracts in a court of equity must receive in all courts the same construction and effect as they would have received in equity before that date. 1908 No 89 s 90


Copyright Amendment Act 2016

1: Title
This Act is the Copyright Amendment Act 2016.
2: Commencement
This Act comes into force on 1 January 2018.
3: Principal Act
This Act amends the Copyright Act 1994 principal Act 2018-01-01 Copyright Act 1994
4: New section 222A inserted (Power to award interest)
After section 222
222A: Power to award interest
1: This section applies where the Tribunal makes an order under Part 8 for the payment of an amount of money (including money required to be repaid, or further money required to be paid, in respect of charges already paid).
2: The Tribunal's order may include an award of interest on the whole or part of the money, payable for the period, ending not later than the date that the money is paid, that the Tribunal thinks appropriate, as compensation for delay in payment of the money.
3: Interest awarded under this section must be calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2 Interest on Money Claims Act 2016


1: Title
This Act is the Courts (Remote Participation) Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017.
3: Principal Act
This Act amends the Courts (Remote Participation) Act 2010 principal Act 2017-03-01 Courts (Remote Participation) Act 2010
4: Section 8 replaced (Use of audio-visual links in criminal procedural matters)
Replace section 8
8: Use of audio-visual links in criminal procedural matters
1: AVL must be used for the appearance of a participant in a criminal procedural matter if AVL is available and the participant is in custody, unless a judicial officer or a Registrar determines that the use of AVL is contrary to the interests of justice.
2: AVL may be used for the appearance of a participant in a sentencing matter if—
a: AVL is available; and
b: the participant is in custody; and
c: a judicial officer determines that the use of AVL is not contrary to the interests of justice.
3: Before making a determination under subsection (1) or (2)
4: To avoid doubt, a motion to determine whether AVL is contrary to the interests of justice may be made by the participant or the judicial officer or Registrar (as the case may be).
5: Section 13 replaced (Determining place of hearing)
Replace section 13
13: Determining place of hearing
The place of hearing of any proceeding in which 1 or more of the participants appear by the use of AVL—
a: is the place that the relevant judicial officer determines as appropriate in the circumstances; or
b: is, in the case where the participants consent to having a Registrar make the decision, the place that the relevant Registrar determines as appropriate in the circumstances.


Criminal Procedure Amendment Act 2016

1: Title
This Act is the Criminal Procedure Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017
3: Principal Act
This Act amends the Criminal Procedure Act 2011 principal Act 2017-03-01 Criminal Procedure Act 2011
4: Section 74 amended (Category 4 offences)
In section 74(5)(c) different or an alternative
5: Section 133 amended (Amendment of charge)
After section 133(2)
3: A Registrar may, in respect of any offence other than a category 4 offence, exercise the power under subsection (1) if the prosecutor and the defendant consent to the amendment.
6: Section 146 amended (Withdrawal of charge)
After section 146(2)
3: A Registrar may, in respect of any offence other than a category 4 offence, exercise the power under subsection (1) if the defendant consents to the prosecutor withdrawing the charge.
7: New section 362A inserted (Jurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of charges)
After section 362
362A: Jurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of charges
1: A presiding Justice or Community Magistrate (as the case may be) may exercise the power specified in—
a: section 133 (amendment of charge) if the prosecutor and the defendant consent to the amendment:
b: section 146 (withdrawal of charge) if the defendant consents to the prosecutor withdrawing the charge.
2: This section applies to category 1, 2, and 3 offences, but not to category 4 offences.
3: Nothing in this section applies when the District Court presided over by 1 or more Justices or 1 or more Community Magistrates is exercising jurisdiction in accordance with section 355 or 356.
8: Section 365 repealed (Contempt of court)
Repeal section 365


1: Title
This Act is the Employment Relations Amendment Act (No 2) 2016.
2: Commencement
This Act comes into force on 1 March 2017.
3: Principal Act
This Act amends the Employment Relations Act 2000 principal Act 2017-03-01 Employment Relations Act 2000
4: Section 5 amended (Interpretation)
1: In section 5 Judge a temporary an acting
2: In section 5 lawyer
5: Section 187 amended (Jurisdiction of court)
After section 187(1)(k)
ka: to hear and determine any application for review of the type referred to in section 237D
6: Section 196 replaced (Contempt of court or Authority)
Replace section 196
196: Contempt of court or Authority
1: This section applies if any person—
a: wilfully insults a member of the Authority, a Judge, an officer of the Authority, a Registrar of the court, any other officer of the court, or any witness during his or her sitting or attendance in the Authority or the court, or in going to or returning from the Authority or the court; or
b: wilfully interrupts the proceedings of the Authority or the court or otherwise misbehaves in an investigation meeting or a hearing of the Authority or the court; or
c: wilfully and without lawful excuse disobeys any order or direction of the Authority or the court in the course of an investigation meeting or the hearing of any proceedings.
2: If this section applies,—
a: any constable or officer of the court, with or without the assistance of any other person, may, by order of the Authority or a Judge, take the person into custody and detain him or her until the rising of the Authority or the court; and
b: the Judge may, if he or she thinks fit, sentence the person to—
i: imprisonment for a period not exceeding 3 months; or
ii: a fine not exceeding $5,000 for each offence; and
c: in default of payment of any such fine, the Judge may direct that the offender be imprisoned for any period not exceeding 3 months, unless the fine is sooner paid.
3: Nothing in this section limits or affects any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply. 2011 No 81 s 365
7: New section 198A inserted (Registrar may take affidavit)
After section 198
198A: Registrar may take affidavit
A Registrar may take an affidavit.
8: Section 200 amended (Appointment of Judges)
1: Replace section 200(2)
2: A person may be appointed a Judge only if—
a: that person has for at least 7 years held a New Zealand practising certificate as a barrister or as a barrister and solicitor; or
b: that person—
i: holds a degree in law granted or issued by any university within New Zealand; and
ii: has been admitted as a barrister and solicitor of the High Court; and
iii: has held a practising certificate in a jurisdiction specified by Order in Council—
A: for at least 7 years; or
B: for a lesser number of years but when that number of years is added to the number of years the person has held a New Zealand practising certificate the total number of years is at least 7.
2: Replace section 200(4)
4: The Attorney-General must publish information explaining his or her process for—
a: seeking expressions of interest for the appointment of Judges of the court; and
b: nominating a person for appointment as a Judge of the court.
5: A Judge must not practise as a lawyer.
9: New sections 200AA and 200AB inserted
After section 200
200AA: Judge not to undertake other employment or hold other office
1: A Judge of the court must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Judge.
2: An approval under subsection (1) may be given only if the Chief Judge is satisfied that undertaking the employment or holding the office is consistent with the Judge's judicial office.
3: However, subsection (1) does not apply to another office if an enactment permits or requires the office to be held by a Judge.
200AB: Protocol relating to activities of Judges
1: The Chief Justice must develop and publish a protocol containing guidance on—
a: the employment, or types of employment, that he or she considers may be undertaken consistent with being a Judge; and
b: the offices, or types of offices, that he or she considers may be held consistent with being a Judge.
2: The Chief Justice may develop and publish a protocol under subsection (1) only after consultation with the Chief Judge.
10: Section 201 amended (Seniority)
In section 201(3) temporary acting
11: Section 207 amended (Appointment of temporary Judges)
1: In the heading to section 207 temporary acting
2: In section 207(1) temporary Judges acting Judges
3: Replace section 207(4)
4: A person may, subject to subsection (2), be appointed as an acting Judge under this section if he or she is a former Judge of the court or a current or former District Court Judge.
4A: A superannuation subsidy must not be paid to a person who is appointed as an acting Judge under this section.
4B: Subsection (1) does not apply to a compulsory employer contribution within the meaning of section 101A of the KiwiSaver Act 2006.
12: New sections 222A to 222F inserted
After section 222
222A: Information regarding reserved judgments
The Chief Judge must, in consultation with the Chief Justice,—
a: publish information about the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those proceedings; and
b: periodically publish information about the number of judgments of the court that he or she considers is outstanding beyond a reasonable time for delivery; and
c: publish information about reserved judgments that he or she considers is useful.
222B: Recusal guidelines
The Chief Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding.
222C: Judge may make order restricting commencement or continuation of proceeding
1: A Judge may make an order restricting a person from commencing or continuing civil proceedings in the Employment Court.
2: The order may have—
a: a limited effect (a limited order
b: an extended effect (an extended order
3: A limited order restrains a party from commencing or continuing civil proceedings on a particular matter in the Employment Court.
4: An extended order restrains a party from commencing or continuing civil proceedings on a particular or related matter in the Employment Court.
5: Nothing in this section limits the court’s inherent power to control its own proceedings.
222D: Grounds for making section 222C order
1: A Judge may make a limited order under section 222C
2: A Judge may make an extended order under section 222C
3: In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application or appeal involving the party to be restrained, but is not limited to those considerations.
4: The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.
5: For the purpose of this section and sections 222E and 222F
222E: Terms of section 222C order
1: An order made under section 222C
2: An order made under section 222C
222F: Procedure and appeals relating to section 222C orders
1: A party to any proceeding may apply for a limited order or an extended order.
2: A Judge may make an order under section 222C section 222C order
3: An application for leave to continue or commence a civil proceeding by a party subject to a section 222C
4: An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.
5: A Judge’s determination of an application for leave is final.
6: The party against whom a section 222C
7: The appellant in an appeal under subsection (6) or the applicant for the section 222C
8: A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be.
13: Section 237 amended (Regulations)
After section 237(f)
faa: in relation to a service performed by a Registrar of the court under this Act and specified in regulations made under paragraph (fab), authorising a Registrar of the court to charge a reasonable fee calculated on the actual expense incurred in performing the service:
fab: specifying the services (other than services for which a fee is already prescribed under this Act) performed by a Registrar of the court under this Act for which that person may charge a fee:
fac: making provision in relation to the postponement, under the regulations, of the payment of any fee, which provision may (without limitation) include provision—
i: for the recovery of the fee after the expiry of the period of postponement; and
ii: for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:
fad: providing for the manner in which an application for the exercise of a power specified in section 237B(1) or 237C(1)
fae: providing for the refund of fees paid for a review of a decision of a Registrar of the court, if the decision is overturned in its entirety by a Judge:
14: New sections 237B to 237D inserted
Before section 238
237B: Regulations providing for waiver, etc, of fees
1: In order to promote access to justice, the Governor-General may, by Order in Council, make regulations authorising a Registrar of the court to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding, or to refund in whole or in part a fee that has already been paid.
2: Regulations made under subsection (1) must provide that a Registrar of the court may exercise a power under the regulations only if he or she is satisfied on the basis of prescribed criteria that—
a: the person responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
b: unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued.
3: For the purposes of subsection (2), regulations may prescribe criteria—
a: for assessing a person's ability to pay a fee; and
b: for identifying proceedings that concern matters of genuine public interest.
4: No fee is payable for an application for the exercise of a power specified in subsection (1). 1947 No 16 s 123(1)(ba), (bb), (2)
237C: Postponement of fees
1: The Governor-General may, by Order in Council, make regulations authorising a Registrar of the court to postpone the payment of a fee pending the determination of—
a: an application for the exercise of a power specified in section 237B(1)
b: an application for review under section 237D
2: No fee is payable for an application for the exercise of a power specified in subsection (1) 1947 No 16 s 123(1)(bc), (2)
237D: Reviews of decisions of Registrars concerning fees
1: A person who disagrees with a decision of a Registrar of the court under regulations made under section 237B(1)
2: The application must be made within—
a: 20 working days after the date on which the applicant is notified of the decision; or
b: any further time that the Judge allows on application, which may be made either before or after the expiry of that period.
3: The application may be made informally.
4: A review is—
a: conducted by way of rehearing of the matter in respect of which the Registrar of the court made the decision; and
b: dealt with on the papers, unless the Judge directs otherwise.
5: The Judge may confirm, modify, or reverse the decision of the Registrar of the court.
6: No fee is payable on the application. 1947 No 16 s 123A
15: Section 253 amended (Existing appointments)
In section 253(2) temporary Judges acting Judges
16: Schedule 1AA amended
1: In Schedule 1AA, replace clause 1
1: Interpretation
In this schedule,— 2014 Act 2016 Act 2016 (No 2) Act Employment Relations Amendment Act (No 2) 2016
2: In Schedule 1AA, after clause 3
4: Application, savings, and transitional provision arising from 2016 (No 2) Act
A person holding office as a temporary Judge under section 207 immediately before the commencement of this clause continues to hold office on the same terms as if he or she were appointed as an acting Judge under section 207.


Insolvency Amendment Act 2016

1: Title
This Act is the Insolvency Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017
3: Principal Act
This Act amends the Insolvency Act 2006 principal Act 2017-03-01 Insolvency Act 2006
4: Section 6 amended (Corporations and other entities not subject to Act)
In section 6
2: However,—
a: Part 16 of the Companies Act 1993 applies to the liquidation of companies, overseas companies, and associations within the meaning of section 2(1) of that Act; and
b: other bodies corporate may be put into liquidation under or in accordance with the Acts under which they are incorporated or registered.


Property Law Amendment Act 2016

1: Title
This Act is the Property Law Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017
3: Principal Act
This Act Property Law Act 2007 principal Act 2017-03-01 Property Law Act 2007
4: New section 27A inserted (Writing required for discharge of debt by acceptance of part in satisfaction)
After section 27
27A: Writing required for discharge of debt by acceptance of part in satisfaction
1: An acknowledgement in writing by a creditor, or by any person authorised by the creditor in writing, of the receipt of a part of the creditor's debt in satisfaction of the whole debt operates as a discharge of the debt.
2: This section applies despite anything to the contrary in any rule of law. 1908 No 89 s 92
5: New subpart 5A of Part 2 inserted
After section 53
5A: Assignment of securities and rights of creditor to surety who pays debt
53A: Interpretation
In this subpart, debt payment of a debt
53B: Surety who pays debt entitled to assignment of all securities held by creditor
1: Every person ( person A
2: Subsection (1) 1908 No 89 s 84
53C: Rights of surety
1: Person A is entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any civil proceedings in order to obtain from the principal debtor or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by person A in paying the debt.
2: The payment by person A may not be pleaded as a defence against any action or other proceeding by person A referred to in subsection (1)
3: In this section, person A section 53B 1908 No 89 s 85
53D: Rights of co-sureties, etc, as between themselves
A co-surety, co-contractor, or co-debtor is not entitled to recover from any other co-surety, co-contractor, or co-debtor ( person B section 53C 1908 No 89 s 86
6: New sections 74A and 74B inserted
After section 74
74A: Recovery of payments made under mistake of law
1: If relief in respect of any payment that has been made under mistake is sought in any court (whether in civil proceedings or by way of defence, set-off, counterclaim, or otherwise) and that relief could be granted if the mistake were wholly one of fact, that relief must not be denied by reason only that the mistake is one of law, whether or not it is in any degree also one of fact.
2: Nothing in this section enables relief to be given in respect of any payment made at a time when the law required, or allowed, or was commonly understood to require or allow, the payment to be made or enforced, by reason only that the law was subsequently changed or shown not to have been as it was commonly understood to have been at the time of the payment. 1908 No 89 s 94A
74B: Payments made under mistake of law or fact not always recoverable
Relief, whether under section 74A 1908 No 89 s 94B Consequential amendments
7: Amendment to Contractual Mistakes Act 1977
1: This section amends the Contractual Mistakes Act 1977
2: In section 5(2)(d) sections 94A and 94B of the Judicature Act 1908 sections 74A and 74B 2017-03-01 Contractual Mistakes Act 1977
8: Amendment to Energy Resources Levy Act 1976
1: This section amends the Energy Resources Levy Act 1976
2: Replace section 31(5)
5: Section 74A(1) section 74A(2) 2017-03-01 Energy Resources Levy Act 1976
9: Amendment to Social Security Act 1964
1: This section amends the Social Security Act 1964
2: In section 86(1B) section 94B of the Judicature Act 1908 section 74B 2017-03-01 Social Security Act 1964


Family Courts Amendment Act 2016

1: Title
This Act is the Family Courts Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017
3: Principal Act
This Act amends the Family Courts Act 1980 principal Act 2017-03-01 Family Courts Act 1980
4: Section 7 amended (Acting Family Court Judges)
Replace section 7(1)
1: The Chief District Court Judge may authorise a Family Court Judge to act in place of the Principal Family Court Judge if—
a: the Principal Family Court Judge is absent for any reason; or
b: the office of the Principal Family Court Judge is vacant.


1: Title
This Act is the Local Government (Rating) Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017.
3: Principal Act
This Act amends the Local Government (Rating) Act 2002 principal Act 2017-03-01 Local Government (Rating) Act 2002
4: Section 70 amended (Rating unit may be sold or leased)
After section 70(2)
3: The Registrar may charge the fee, and require the fee to be paid, before the work required of the Registrar in effecting the sale or lease is begun.
5: Section 75 amended (Application of proceeds of rating sale or lease)
In section 75(a) fee (unless the fee has already been paid)


Resource Management Amendment Act 2016

1: Title
This Act is the Resource Management Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017
3: Principal Act
This Act Resource Management Act 1991 principal Act 2017-03-01 Resource Management Act 1991
4: Section 2 amended (Interpretation)
In section 2(1) lawyer
5: Section 250 amended (Appointment of Environment Judges and alternate Environment Judges)
After section 250(4)
5: The Attorney-General must publish information explaining his or her process for—
a: seeking expressions of interest for the appointment of Environment Judges and alternate Environment Judges; and
b: nominating a person for appointment as an Environment Judge or an alternate Environment Judge.
6: Environment Judges and alternate Environment Judges must not practise as lawyers.
6: New sections 250A and 250B inserted
After section 250
250A: Judge not to undertake other employment or hold other office
1: Environment Judges and alternate Environment Judges must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Principal Environment Judge.
2: An approval under subsection (1)
3: However, subsection (1)
250B: Protocol relating to activities of Judges
1: The Chief Justice must develop and publish a protocol containing guidance on—
a: the employment, or types of employment, that he or she considers may be undertaken consistent with being an Environment Judge or alternate Environment Judge; and
b: the offices, or types of offices, that he or she considers may be held consistent with being an Environment Judge or alternate Environment Judge.
2: The Chief Justice may develop and publish a protocol under subsection (1)
7: Section 282 replaced (Power to commit for contempt)
Replace section 282
282: Contempt of court
1: This section applies if any person—
a: wilfully insults an Environment Judge, an alternate Environment Judge, an Environment Commissioner, a Registrar of the court, any other officer of the court, any special adviser to the court, or any witness during his or her sitting or attendance in court, or in going to or returning from the court; or
b: wilfully interrupts the proceedings of the court or otherwise misbehaves in court; or
c: wilfully and without lawful excuse disobeys any order or direction of the court in the course of any proceedings.
2: If this section applies,—
a: any constable or officer of the court, with or without the assistance of any other person, may, by order of an Environment Judge, take the person into custody and detain him or her until the rising of the court; and
b: the Environment Judge may, if he or she thinks fit, sentence the person to—
i: imprisonment for a period not exceeding 3 months; or
ii: a fine not exceeding $1,000 for each offence.
3: Nothing in this section limits or affects any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply. 2011 No 81 s 365
8: New sections 288A to 288F inserted
After section 288
288A: Information regarding reserved judgments
The Principal Environment Judge must, in consultation with the Chief Justice,—
a: publish information about the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those proceedings; and
b: periodically publish information about the number of judgments of the court that he or she considers are outstanding beyond a reasonable time for delivery; and
c: publish information about reserved judgments that he or she considers is useful.
288B: Recusal guidelines
The Principal Environment Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding.
288C: Judge may make order restricting commencement or continuation of proceeding
1: A Judge may make an order restricting a person from commencing or continuing civil proceedings in the Environment Court.
2: The order may have—
a: a limited effect (a limited order
b: an extended effect (an extended order
3: A limited order restrains a party from continuing or commencing civil proceedings on a particular matter in the Environment Court.
4: An extended order restrains a party from continuing or commencing civil proceedings on a particular or related matter in the Environment Court.
5: Nothing in this section limits the court’s inherent power to control its own proceedings.
288D: Grounds for making section 288C order
1: A Judge may make a limited order under section 288C
2: A Judge may make an extended order under section 288C
3: In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeals, or criminal prosecutions involving the party to be restrained, but is not limited to those considerations.
4: The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.
5: For the purpose of this section and sections 288E and 288F
288E: Terms of section 288C order
1: An order made under section 288C
2: An order made under section 288C
288F: Procedure and appeals relating to section 288C orders
1: A party to any proceeding may apply for a limited order or an extended order.
2: A Judge may make an order under section 288C section 288C order subsection (1)
3: An application for leave to continue or commence a civil proceeding by a party subject to a section 288C
4: An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.
5: A Judge’s determination of an application for leave is final.
6: A section 288C
7: The party against whom a section 288C
8: The appellant in an appeal under subsection (7) section 288C
9: A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be.


1: Title
This Act is the Remuneration Authority Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017
3: Principal Act
This Act Remuneration Authority Act 1977 principal Act 2017-03-01 Remuneration Authority Act 1977
4: Section 2 amended (Interpretation)
In section 2 principal allowances principal allowances
a: means allowances (not being travelling allowances or other incidental or minor allowances); and
b: to avoid doubt, in relation to any of the following Judges who does not have his or her primary place of residence in Wellington may, if the Remuneration Authority thinks fit, include an amount by way of an allowance for accommodation while that person is in Wellington:
i: a Judge of the Supreme Court:
ii: a Judge of the Court of Appeal:
iii: the Chief High Court Judge