Schedule 3 Consequential amendments relating to Senior Courts

s 183(b)

Part 1Amendments to Acts

Administration Act 1969 (1969 No 52)

In section 59, replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Admiralty Act 1973 (1973 No 119)

In section 11(1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

In section 13(2), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Adoption Act 1955 (1955 No 93)

In section 28A(a), replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Animal Products Act 1999 (1999 No 93)

In section 155(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

Animal Welfare Act 1999 (1999 No 142)

In section 156G(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

Arbitration Act 1996 (1996 No 99)

In section 16(a), replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Biosecurity Act 1993 (1993 No 95)

In section 154F(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

Canterbury Earthquake Recovery Act 2011 (2011 No 12)

In section 70(4), replace “Supreme Court Act 2003” with “Senior Courts Act 2016”.

Care of Children Act 2004 (2004 No 90)

In section 135B(2), replace “section 100A of the Judicature Act 1908” with “section 156 of the Senior Courts Act 2016”.

In section 141(3), replace “section 88B of the Judicature Act 1908” with “sections 166 to 169 of the Senior Courts Act 2016”.

In section 146(1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

In section 147(1), replace “section 100A of the Judicature Act 1908” with “section 156 of the Senior Courts Act 2016”.

Child Support Act 1991 (1991 No 142)

In section 226D(2), replace “section 100A of the Judicature Act 1908” with “section 156 of the Senior Courts Act 2016”.

Children, Young Persons, and Their Families Act 1989 (1989 No 24)

In section 448(2)(a), replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Citizens Initiated Referenda Act 1993 (1993 No 101)

In section 58A, replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Civil List Act 1979 (1979 No 33)

In section 27(7), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Commerce Act 1986 (1986 No 5)

In section 97(1), replace “section 66 of the Judicature Act 1908” with “section 56 of the Senior Courts Act 2016”.

Commissions of Inquiry Act 1908 (1908 No 25)

In section 13(1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

In section 13(3), replace “section 56A(1) of the Judicature Act 1908” with “section 42 of the Senior Courts Act 2016”.

In section 13(3), replace “section 56B of the Judicature Act 1908” with “section 43 of the Senior Courts Act 2016”.

In section 13(4), replace “section 56A(1) of the Judicature Act 1908” with “section 42 of the Senior Courts Act 2016”.

In section 13(4), replace “section 56B of the Judicature Act 1908” with “section 43 of the Senior Courts Act 2016”.

In section 13A(1)(a), replace “section 56A(1) of the Judicature Act 1908” with “section 42 of the Senior Courts Act 2016”.

In section 13A(1)(b), replace “section 56B of the Judicature Act 1908” with “section 43 of the Senior Courts Act 2016”.

In section 13A(2)(a), replace “section 56A(1) of the Judicature Act 1908” with “section 42 of the Senior Courts Act 2016”.

In section 13A(2)(b), replace “section 56B of the Judicature Act 1908” with “section 43 of the Senior Courts Act 2016”.

In section 13B, replace “section 56C of the Judicature Act 1908” with “section 165 of the Senior Courts Act 2016” in each place.

In section 13C, replace “section 56A(1) of the Judicature Act 1908” with “section 42 of the Senior Courts Act 2016”.

In section 13C, replace “section 56B of the Judicature Act 1908” with “section 43 of the Senior Courts Act 2016”.

In section 13D, replace “section 56A(1) of the Judicature Act 1908” with “section 42 of the Senior Courts Act 2016”.

In section 13D, replace “section 56B of the Judicature Act 1908” with “section 43 of the Senior Courts Act 2016”.

In section 14, replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Construction Contracts Act 2002 (2002 No 46)

In section 81(2)(b), replace “section 51B of the Judicature Act 1908” with “section 155 of the Senior Courts Act 2016”.

Cook Islands Act 1915 (1915 No 40)

In section 175, replace “Sections 47 to 49 of the Judicature Act 1908” with “Sections 30 to 32 of the Senior Courts Act 2016”.

In section 175, replace “within the meaning of section 47 aforesaid, and Commissioners in the Cook Islands may be appointed by a Judge of the High Court” with “of New Zealand, and Commissioners in the Cook Islands may be appointed by a Judge of the High Court of New Zealand”.

Coroners Act 2006 (2006 No 38)

In section 34(5), delete “(as defined in section 2 of the Judicature Act 1908)”.

Court Martial Appeals Act 1953 (1953 No 100)

In section 2(1), definition of Court of Appeal, replace “Part 2 of the Judicature Act 1908” with “Part 3 of the Senior Courts Act 2016”.

In section 4(6), replace “superior” with “senior”.

In section 10(2), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

In section 26(1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Courts (Remote Participation) Act 2010 (2010 No 94)

In section 3, definition of Court of Appeal, replace “Part 2 of the Judicature Act 1908” with “Part 3 of the Senior Courts Act 2016”.

In section 3, definition of Supreme Court, replace “section 4 of the Supreme Court Act 2003” with “section 65 of the Senior Courts Act 2016”.

Crimes Act 1961 (1961 No 43)

In section 2(1), definition of Supreme Court, replace “section 6 of the Supreme Court Act 2003” with “section 66 of the Senior Courts Act 2016”.

In section 406A(4), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

Criminal Procedure Act 2011 (2011 No 81)

In section 5, definition of rules of court, replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Replace section 213(1) with:

(1)

All rights of appeal to the Supreme Court under this Part are subject to Part 4 of the Senior Courts Act 2016. See, especially, sections 73 to 75 of that Act.

In section 314(5), replace “section 99A of the Judicature Act 1908” with “section 178 of the Senior Courts Act 2016”.

In section 316(6), replace “section 99A of the Judicature Act 1908” with “section 178 of the Senior Courts Act 2016”.

In section 318(4), replace “section 99A of the Judicature Act 1908” with “section 178 of the Senior Courts Act 2016”.

In section 325(3), replace “section 15(2) of the Supreme Court Act 2003” with “section 76 of the Senior Courts Act 2016”.

In section 333(1), after “Judges of the Court of Appeal”, insert “(of whom at least 1 must hold office under section 45 of the Senior Courts Act 2016)”.

In section 333(2) and (4), after “Judge of the Court of Appeal”, insert “(whether holding office under section 45 or 48 of the Senior Courts Act 2016)” in each place.

In section 386(1), replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Criminal Proceeds (Recovery) Act 2009 (2009 No 8)

Repeal sections 206 and 207 and the cross-heading above section 206.

Criminal Records (Clean Slate) Act 2004 (2004 No 36)

In section 22(1) and (2), replace “section 51B of the Judicature Act 1908” with “section 155 of the Senior Courts Act 2016”.

In section 22(2), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

In section 22(3), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Crown Proceedings Act 1950 (1950 No 54)

In section 22(1), replace “each district constituted under the Judicature Act 1908” with “a district”.

In section 29(2), replace “Section 55 of the Judicature Act 1908” with “Section 40 of the Senior Courts Act 2016”.

In Schedule 1, replace the item relating to the Judicature Act 1908 with Senior Courts Act 2016 (2016 No 48).

Customs and Excise Act 1996 (1996 No 27)

In section 110(4), replace “section 55 of the Judicature Act 1908” with “section 40 of the Senior Courts Act 2016”.

Declaratory Judgments Act 1908 (1908 No 220)

In section 6, replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Replace section 7 with:

7 Removal of summons into Court of Appeal

An originating summons under section 3 may be removed into the Court of Appeal in the same manner as the matters specified in section 59 of the Senior Courts Act 2016 are removable, and section 59 of that Act applies to any originating summons removed into the court.

Domestic Actions Act 1975 (1975 No 53)

In section 9A(a), replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Electoral Act 1993 (1993 No 87)

In section 234(1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Electricity Industry Act 2010 (2010 No 116)

In section 71(2), replace “Section 66 of the Judicature Act 1908” with “Section 56 of the Senior Courts Act 2016”.

Electronic Transactions Act 2002 (2002 No 35)

In the Schedule, Part 4, paragraph (1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Employment Relations Act 2000 (2000 No 24)

In section 214(1), replace “section 66 of the Judicature Act 1908” with “section 56 of the Senior Courts Act 2016”.

In section 214A(4), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

In section 218, replace “section 66 of the Judicature Act 1908” with “section 56 of the Senior Courts Act 2016”.

Employment Relations Amendment Act 2016 (2016 No 9)

In new section 214AA(3), replace “Section 66 of the Judicature Act 1908” with “Section 56 of the Senior Courts Act 2016”.

Environment Canterbury (Transitional Governance Arrangements) Act 2016 (2016 No 20)

In section 27, replace “Section 66 of the Judicature Act 1908” with “Section 56 of the Senior Courts Act 2016”.

Evidence Act 2006 (2006 No 69)

In section 199(1), replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

In section 200(1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

In section 202(3)(a), replace “superior” with “senior”.

Extradition Act 1999 (1999 No 55)

In section 103, replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Family Proceedings Act 1980 (1980 No 94)

In section 162D(2), replace “section 100A of the Judicature Act 1908” with “section 156 of the Senior Courts Act 2016”.

Family Protection Act 1955 (1955 No 88)

In section 15(3), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Food Act 2014 (2014 No 32)

In section 340(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

In section 365(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

Gas Act 1992 (1992 No 124)

In section 43ZJ(2), replace “Section 66 of the Judicature Act 1908” with “Section 56 of the Senior Courts Act 2016”.

Goods and Services Tax Act 1985 (1985 No 141)

In section 78(4), replace “section 94A(1) of the Judicature Act 1908” with “section 74A(1) of the Property Law Act 2007”.

In section 78(4), replace “section 94A(2) of the Judicature Act 1908” with “section 74A(2) of the Property Law Act 2007”.

Government Superannuation Fund Act 1956 (1956 No 47)

In section 72, definition of Judge, paragraph (a), replace “section 4 of the Judicature Act 1908” with “section 100 of the Senior Courts Act 2016”.

In section 72, definition of temporary Judge, paragraph (a), replace “section 11 of the Judicature Act 1908” with “section 113 of the Senior Courts Act 2016”.

In section 81A, definition of Judge, paragraph (a), replace “section 4 of the Judicature Act 1908” with “section 100 of the Senior Courts Act 2016”.

In section 81A, definition of temporary Judge, paragraph (a), replace “section 11 of the Judicature Act 1908” with “section 113 of the Senior Courts Act 2016”.

In section 81X, definition of Associate Judge, replace “section 26C of the Judicature Act 1908” with “section 100 of the Senior Courts Act 2016”.

Governor-General Act 2010 (2010 No 122)

In section 17(3), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Greater Christchurch Regeneration Act 2016 (2016 No 14)

In section 120(3), replace “Supreme Court Act 2003” with “Senior Courts Act 2016”.

Habeas Corpus Act 2001 (2001 No 31)

In section 7(7), replace “Section 51E of the Judicature Act 1908” with “Section 153 of the Senior Courts Act 2016”.

In section 15(1), replace with “sections 68 to 71 of the Senior Courts Act 2016”.

In section 16(1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

In section 20(1) and (2), replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Harmful Digital Communications Act 2015 (2015 No 63)

In section 27(1), replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Immigration Act 2009 (2009 No 51)

In section 246(1), replace “Section 66 of the Judicature Act 1908” with “Section 56 of the Senior Courts Act 2016”.

In section 249B(2), replace “Section 66 of the Judicature Act 1908” with “Section 56 of the Senior Courts Act 2016”.

Replace section 251 with:

251 Relationship with Senior Courts Act 2016

The Senior Courts Act 2016 is subject to sections 247, 248, 249, 250, and 262.

Insolvency Act 2006 (2006 No 55)

In section 442(1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Insolvency (Cross-border) Act 2006 (2006 No 57)

In section 9, replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Insurance (Prudential Supervision) Act 2010 (2010 No 111)

In section 43(1), replace “section 66 of the Judicature Act 1908” with “section 56 of the Senior Courts Act 2016”.

In section 225(1), replace “section 66 of the Judicature Act 1908” with “section 56 of the Senior Courts Act 2016”.

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38)

In section 5, definition of Judge, replace paragraph (b) with:

(b)

includes a person who holds office as an acting Judge, or an acting Associate Judge; but

In section 31(3)(b), replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Juries Act 1981 (1981 No 23)

Repeal section 34.

Land Valuation Proceedings Act 1948 (1948 No 50)

In section 18A(1), replace “section 66 of the Judicature Act 1908” with “section 56 of the Senior Courts Act 2016”.

Law Reform Act 1936 (1936 No 31)

In section 17(5), replace “Section 94 of the Judicature Act 1908” with “Section 99 of the District Court Act 2016”.

Lawyers and Conveyancers Act 2006 (2006 No 1)

In section 49(3)(a), replace “the superior” with “a senior”.

In section 53(1)(a), replace “the superior” with “a senior”.

In section 53(1), replace “that superior” with “that senior” in each place.

In section 54(1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

In section 254(1), replace “section 66 of the Judicature Act 1908” with “section 56 of the Senior Courts Act 2016”.

In section 276(a), replace “the superior” with “a senior”.

Legislation Act 2012 (2012 No 119)

In Schedule 1, repeal the item relating to the Judicature Act 1908.

Limitation Act 2010 (2010 No 110)

In section 13, replace “section 16A of the Judicature Act 1908” with “section 13 of the Senior Courts Act 2016”.

Local Government Official Information and Meetings Act 1987 (1987 No 174)

In section 35, replace “section 66 of the Judicature Act 1908” with “section 56 of the Senior Courts Act 2016”.

Local Government (Rating) Act 2002 (2002 No 6)

In section 67(2)(b), replace “section 100A of the Judicature Act 1908” with “section 156 of the Senior Courts Act 2016”.

In section 70(2), replace “section 100A of the Judicature Act 1908” with “section 156 of the Senior Courts Act 2016”.

Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)

In section 9(1), definition of High Court Rules, replace “the Judicature Act 1908” with “the Senior Courts Act 2016”.

In section 108, replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Members of Parliament (Remuneration and Services) Act 2013 (2013 No 93)

In section 46(7), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Niue Act 1966 (1966 No 38)

In section 128, replace “Sections 47 to 49 of the Judicature Act 1908” with “Sections 30 to 32 of the Senior Courts Act 2016”.

In section 128, replace “section 47” with “section 30”.

Non-bank Deposit Takers Act 2013 (2013 No 104)

In section 63(1), replace “section 66 of the Judicature Act 1908” with “section 56 of the Senior Courts Act 2016”.

Official Information Act 1982 (1982 No 156)

In section 2(1), definition of official information, paragraph (c), replace “section 51B of the Judicature Act 1908” with “section 155 of the Senior Courts Act 2016”.

In section 32C, replace “section 66 of the Judicature Act 1908” with “section 56 of the Senior Courts Act 2016”.

Patents Act 2013 (2013 No 68)

In section 215(3), replace “sections 7 and 8 of the Supreme Court Act 2003” with “sections 68 and 69 of the Senior Courts Act 2016”.

PGG Trust Limited Act 1989 (1989 No 1 (P))

In section 17, replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Property (Relationships) Act 1976 (1976 No 166)

In section 39B(1), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

In section 53(1) and (4), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

In section 53(2), replace “section 100A of the Judicature Act 1908” with “section 156 of the Senior Courts Act 2016”.

Protection of Personal and Property Rights Act 1988 (1988 No 4)

In section 111(a), replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

In section 114, replace “section 17 of the Judicature Act 1908” with “section 14 of the Senior Courts Act 2016”.

Reciprocal Enforcement of Judgments Act 1934 (1934 No 11)

In section 2(1), definition of judgments given in the superior courts of New Zealand, replace superior with senior.

In section 3(1A), (1B), (1C), (2), (2A), and (3), replace “superior” with “senior” in each place.

In section 3B(1), replace “superior” with “senior” in each place.

In section 10(1), replace “superior” with “senior” in each place.

Replace section 13 with:

13 Section 172 of Senior Courts Act 2016 modified

Section 172 of the Senior Courts Act 2016 applies only in respect of any judgments, decrees, rules, and orders that, being enforceable under that section, are not enforceable in New Zealand in accordance with this Act.

Referenda (Postal Voting) Act 2000 (2000 No 48)

In section 80(2), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

Resource Management Act 1991 (1991 No 69)

In section 149V(6), replace “sections 12 to 15 of the Supreme Court Act 2003” with “sections 73 to 76 of the Senior Courts Act 2016”.

In section 149V(7), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

Road User Charges Act 2012 (2012 No 1)

In section 71(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

Rugby World Cup 2011 (Empowering) Act 2010 (2010 No 123)

In Schedule 2, clause 9(2), replace “sections 12 to 14 of the Supreme Court Act 2003” with “sections 73 to 75 of the Senior Courts Act 2016”.

In Schedule 2, clause 9(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

Social Security Act 1964 (1964 No 136)

In section 12S(1), replace “Supreme Court Act 2003” with “Senior Courts Act 2016”.

Te Ture Whenua Maori Act 1993 (1993 No 4)

In section 58B(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Senior Courts Act 2016”.

Terrorism Suppression Act 2002 (2002 No 34)

In section 58(3), replace “Supreme Court Act 2003” with “Senior Courts Act 2016”.

Trustee Act 1956 (1956 No 61)

In section 72(4), replace “Judicature Act 1908” with “Senior Courts Act 2016”.

United Nations Convention on the Law of the Sea Act 1996 (1996 No 69)

In section 16, replace “section 51C of the Judicature Act 1908” with “section 148 of the Senior Courts Act 2016”.

Weathertight Homes Resolution Services Act 2006 (2006 No 84)

In section 125(2)(b), replace “section 51B of the Judicature Act 1908” with “section 155 of the Senior Courts Act 2016”.

Schedule 3 Part 1: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Part 2Amendments to other enactments

Court of Appeal (Civil) Rules 2005 (SR 2005/69)

In rule 26B(2)(b), replace “section 100B of the Judicature Act 1908” with “section 160 of the Senior Courts Act 2016”.

In rule 26B(4), replace “section 100B of the Judicature Act 1908” with “section 160 of the Senior Courts Act 2016”.

In rule 31(5), replace “section 64 of the Judicature Act 1908” with “section 59 of the Senior Courts Act 2016”.

Court of Appeal Fees Regulations 2001 (SR 2001/309)

In regulation 3, replace the definition of Act with:

Act means the Senior Courts Act 2016

Criminal Procedure Rules 2012 (SR 2012/415)

In rule 2.8(6)(b), replace “sections 27 to 29 of the Judicature Act 1908” with “sections 33 to 35 of the Senior Courts Act 2016”.

Health (Retention of Health Information) Regulations 1996 (SR 1996/343)

In regulation 8(2)(b), replace “Judicature Act 1908” with “Companies Act 1993”.

High Court Fees Regulations 2013 (SR 2013/226)

In regulation 4, definition of Act, replace “Judicature Act 1908” with “Senior Courts Act 2016”.

In the Schedule, item 34, replace “section 55 of the Judicature Act 1908” with “section 40 of the Senior Courts Act 2016”.

Judicial Superannuation Determination 2006 (SR 2006/37)

Replace clause 5(1)(a) with:

(a)

for Judges of the High Court and Associate Judges of the High Court, is 37.5% of his or her salary:

Maori Land Court Rules 2011 (SR 2011/374)

In rule 6.19(1)(a), replace “superior” with “senior”.

In the Schedule, Form 7, replace “superior” with “senior”.

In the Schedule, Form 8, replace “superior” with “senior”.