Epidemic Preparedness Act 2006

24A Judges may modify rules of court during epidemic: Head of Bench modifications in categories of proceedings

(1)

While an epidemic notice is in force, a Head of Bench (whether permanently appointed or temporary) may, for any category of proceedings in or before that Judge’s court, modify any rule of court, and to any extent, that he or she thinks necessary in the interests of justice to take account of the effects of the quarantinable disease stated in the notice.

(2)

A modification made under this section—

(a)

may be absolute or subject to conditions; and

(b)

may be made by stating alternative means of complying with a requirement or restriction imposed by the rules.

(3)

Subsection (2) does not limit subsection (1).

(4)

A modification made under this section—

(a)

is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

(b)

if it relates to the High Court Rules, is not to be drafted by the PCO under section 67(d)(ii) of that Act.

(5)

In this section,—

District Court

(a)

includes the division of that court known as the Family Court; and

(b)

includes the division of that court known as the Youth Court; but

(c)

excludes the division of that court known as the Disputes Tribunal

Head of Bench means,—

(a)

in relation to the Supreme Court, the Chief Justice:

(b)

in relation to the Court of Appeal, the President of the Court of Appeal:

(c)

in relation to the High Court, the Chief High Court Judge:

(d)

in relation to the Employment Court, the Chief Judge of the Employment Court:

(e)

in relation to the District Court, the Chief District Court Judge:

(f)

in relation to the Environment Court, the Chief Environment Court Judge:

(g)

in relation to the Māori Land Court, the Chief Judge of the Māori Land Court.

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it in accordance with the Legislation (Publication) Regulations 2021LA19 s 74(1)(aa)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114
DisallowanceIt may be disallowed by the House of RepresentativesLA19 ss 115, 116
This note is not part of the Act.

Section 24A: inserted, on 3 November 2021, by Schedule 6 clause 10 of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).