WIDER COURT POWERS PLANNED : LITIGATION TO BE LESS COSTLY

Gisborne Herald, Volume LXXV, Issue 22730, 31 August 1948, Page 6

WIDER COURT POWERS PLANNED : LITIGATION TO BE LESS COSTLY

(P.A.) - WELLINGTON, August 30. The jurisdiction of the Magistrate’s Court is extended, the cost of much litigation thereby reduced, and all proceedings before magistrates formalised under provisions of the Magistrates’ Court Act, 1947, which will come into operation during the next few months.

As required by the Act. a set of more than 300 Magistrate’s Court rules has been prepared and printed for the Justice Department and will shortly go before Cabinet for approval. These rules govern procedure in all matters brought before a magistrate. In Operation By November 1 The Justice Department hopes to have them in operation by November 1. but it may be the end of the year before this can be done. Under the Magistrates’ Court Act passed last year the jurisdiction of the Court is extended in three ways. First, the Act allows the Court to hear civil claims involving up to £SOO. instead of up to £3OO as in the past. Secondly, it brings within the Court’s scope questions of title to property, and. thirdly, it brings within the jurisdiction of the Court all remedies known to law, in equity or otherwise, whereas under the old Act, broadly, the only remedy available in the Magistrates’ Court was damages. ' Whereas the old legislation contains many provisions as to procedure, these are omitted from the new Act. There is to be instead a comprehensive code of rules designed to provide for all steps in procedure in the Magistrates' Court from the beginning of any proceedings to their conclusion. It will apply to all proceedings that will be taken before a Magistrates’ Court or a magistrate.

Taken From English Code

The code is taken largely from that in use in the County Court in England, with modification from the old Magistrates’ Court rules and the Supreme Court code. Many forms are involved (about 100 in all) as precedents to save time in the drafting of applications to the Court and thereby reducing the cost of litigation. The scale of witnesses’ expenses and fees has been reviewed and brought up-to-date. The preliminary drafts of the rules were sent by the Justice Department to all magistrates and clerks of courts, and to the Law Society and then reviewed by a special committee. They have now reached the stage at which the final draft is practically ready for submission to Cabinet. Time will be required between final approval and the actual operation of the rules, so that all directly concerned can become familiar with them.