New Zealand Legislation: Acts

2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  bailiff means a bailiff of a court, and includes any deputy bailiff and any person acting as bailiff pursuant to section 15

  Community Magistrate means a Community Magistrate appointed under section 11A; and includes the Chief Community Magistrate

  court or District Court means a court constituted under this Act

  High Court Rules means the rules from time to time set out in Schedule 2 of the Judicature Act 1908

  interlocutory application—

  • (a) means any application to the court in any proceeding or intended proceeding for an order or a direction relating to a matter of procedure or for some relief ancillary to that claimed in a pleading; and

  • (b) includes—

    • (i) an application for a new trial; and

    • (ii) an application to review an order made, or a direction given, on any interlocutory application

  Judge means a District Court Judge appointed under this Act; and includes the Chief District Court Judge

  landlord, in relation to any land, means the person entitled to the immediate reversion of that land, or, if the land is held in joint tenancy or tenancy in common, includes any one of the persons entitled to the immediate reversion

  officer, in relation to a court, includes any Registrar of that court, and any clerk, bailiff, usher, or messenger in the service of that court

  party means any person who is a plaintiff or defendant in any proceeding; and includes any person added to the proceeding

  prescribed means prescribed by the rules for the time being in force

  proceeding means any application to the court for the exercise of the civil jurisdiction of the court other than an interlocutory application

  Registrar means the Registrar of a court, and includes any Deputy Registrar

  rules means the District Courts Rules made under section 122

  trial Judge means a Judge appointed under section 28B to exercise the criminal jurisdiction of the courts under Part 2A.

  (2) Except as expressly provided in this Act, nothing in this Act shall be deemed to relate to any court in respect of the exercise of the criminal jurisdiction referred to in the Summary Proceedings Act 1957 and every reference to a court shall be deemed to relate to a court in which civil proceedings may be taken.

  Compare: 1928 No 14 s 2; County Courts Act 1934 s 191 (UK)

  Section 2(1) action: repealed, on 1 July 1992, by section 2(1) of the District Courts Amendment Act 1991 (1991 No 61).

  Section 2(1) Community Magistrate: inserted, on 30 June 1998, by section 2 of the District Courts Amendment Act 1998 (1998 No 76).

  Section 2(1) court and Magistrate's Court: repealed, on 1 April 1980, by section 3(1) of the District Courts Amendment Act 1979 (1979 No 125).

  Section 2(1) court or District Court: inserted, on 1 April 1980, by section 3(1) of the District Courts Amendment Act 1979 (1979 No 125).

  Section 2(1) High Court Rules: inserted, on 1 July 1992, by section 2(2) of the District Courts Amendment Act 1991 (1991 No 61).

  Section 2(1) interlocutory application: inserted, on 1 July 1992, by section 2(2) of the District Courts Amendment Act 1991 (1991 No 61).

  Section 2(1) Judge: inserted, on 1 April 1980, by section 3(1) of the District Courts Amendment Act 1979 (1979 No 125).

  Section 2(1) Magistrate: repealed, on 1 April 1980, by section 3(2) of the District Courts Amendment Act 1979 (1979 No 125).

  Section 2(1) matter: repealed, on 1 July 1992, by section 2(3) of the District Courts Amendment Act 1991 (1991 No 61).

  Section 2(1) party: substituted, on 1 July 1992, by section 2(4) of the District Courts Amendment Act 1991 (1991 No 61).

  Section 2(1) proceeding: inserted, on 1 July 1992, by section 2(5) of the District Courts Amendment Act 1991 (1991 No 61).

  Section 2(1) proceedings: repealed, on 1 July 1992, by section 2(5) of the District Courts Amendment Act 1991 (1991 No 61).

  Section 2(1) rules: amended, on 1 April 1980, pursuant to section 18(1) of the District Courts Amendment Act 1979 (1979 No 125).

  Section 2(1) trial Judge: added, on 1 October 1991, by section 2(6) of the District Courts Amendment Act 1991 (1991 No 61).

  Section 2(2): amended, on 1 April 1958, pursuant to section 214(1) of the Summary Proceedings Act 1957 (1957 No 87).