New Judicature Modernisation regime

Three new Acts are in force today which make significant changes to our court system: the Senior Courts Act 2016, the District Court Act 2016, and the Judicial Review Procedure Act 2016. To meet the needs of our customers Thomson Reuters is pleased to announce that:

• Original commentary written by our leading team of authors has been added regarding the application of the new legislation.
• Comparative tables have been created, listing provisions in the new Acts against their equivalents in repealed legislation.
• The commentary and tables are available on Westlaw NZ and ProView now, from the day of the commencement of the new legislation.

Please see the information below for more details.

Legislation

High Court Rules 2016

The High Court Rules 2016 have been published as a separate legislative instrument under the Senior Courts Act 2016. They were previously published as part of sch 2 of the Judicature Act 1908. Please note that the High Court Rules 2016 are not a new Legislative Instrument, but rather the current rules republished as a stand-alone document.

Senior Courts Act 2016

This Act is in force from 1 March 2017. It replaces the Supreme Court Act 2003 and most of the Judicature Act 1908 (except s 87, which is repealed on 1 January 2018).

District Court Act 2016

This Act is in force from 1 March 2017. It replaces the District Courts Act 1947 (except ss 62B and 65A, which are repealed on 1 January 2018).

Judicial Review Procedure Act 2016

This Act is in force from 1 March 2017. It re-enacts the Judicature Amendment Act 1972, without altering its interpretation or effect.

Electronic Courts and Tribunals Act 2016

This Act is in force from 1 March 2017. However, it will have no operational effect until an Order in Council is made under s 6, applying it to specified courts and tribunals.

Commentary

McGechan on Procedure

Senior Courts

A new chapter titled Senior Courts comprises the following:

• An introduction to the Act — including an overview of the genesis of the legislation and the comprehensive legislative process that ensued.
• The Senior Courts Act 2016 and accompanying annotated commentary, providing practical guidance on the Act’s interpretation and application.
• A table listing provisions of the Senior Courts Act 2016 and comparative provisions under the Judicature Act 1908 and the former Supreme Court Act 2003.
• The Judicature Act 1908 and the Supreme Court Act 2003, along with related McGechan on Procedure commentary as at 28 February 2016, retained (online only) for research and transitional purposes.

Judicial Review Procedure

A new chapter titled Judicial Review Procedure comprises the following:

• A high level overview of powers of review under the common law and judicial review under the Act.
• The Judicial Review Procedure Act 2016 and accompanying annotated commentary, providing practical guidance on the Act’s interpretation and application.
• A table listing provisions of the Judicial Review Procedure Act 2016 and comparative provisions under the Judicature Amendment Act 1972.
• The Judicature Amendment Act 1972 (repealed) and related McGechan on Procedure commentary as at 28 February 2016 retained (online only) for research and transitional purposes.

Electronic Courts and Tribunals

A discursive introduction to the Electronic Courts and Tribunals Act 2016. More detailed commentary will be provided on the application of the Act once it comes into operation.

Civil Procedure: District Courts and Tribunals

District Court Act

New commentary in Civil Procedure: District Courts and Tribunals comprises the following:

• An introduction to the District Court Act 2016 - including an overview of the legislation.
• The District Court Act 2016 and accompanying annotated commentary, providing practical guidance on the Act’s interpretation and application.
• A table listing provisions of the District Court Act 2016 and comparative provisions under the District Courts Act 1947.
• The District Courts Act 1947 (largely repealed) and related Civil Procedure: District Courts and Tribunals commentary is retained (online only) for research and transitional purposes.

Available to our Westlaw NZ online subscribers and on ProView from the day of the commencement of the new Acts and Rules and to our looseleaf customers as part of the March updates, McGechan on Procedure and Civil Procedure: District Courts and Tribunals presents the most up-to-date and consolidated legislation, accompanied by practical and insightful commentary and case law analysis.

Civil Litigation Precedents

Civil Litigation Precedents has been rewritten to incorporate any changes resulting from the Senior Courts Act 2016, Judicial Review Procedure Act 2016, Electronic Courts and Tribunals Act 2016, and District Court Act 2016.

Written by Thomson Reuters NZ senior editors Sophie Dunn, Stephen Blakeley and Elani Rawson.

For more information:

• McGechan on Procedure - New Zealand's leading and most-cited text on civil procedure. Available online, in looseleaf format and on ProView.
• Civil Procedure: District Courts and Tribunals - consolidated legislation accompanied by practical and insightful section-by-section and rule-by-rule commentary, including case law analysis. Available online and in looseleaf format.
• Westlaw NZ - New Zealand's online legal research platform
• ProView - An eBook reader app especially formulated for legal profesionals