Jurisdiction Of S.M.'s Court Extended

Chronicle (Levin), 31 August 1948, Page 8

Jurisdiction Of S.M.'s Court Extended

- WELLINGTON,- Aug. 30. The jurisdiction of the Magistrates' Courts is extended, the eost of much Htigation thexeby reduced, and all proceedings bef'ore Magistrates- formalised under the provisions of the MagistratesCourts Act, 1947, whieh will come into operation during the next few mohths. As roquired by the Act, a set of more than 300 Magistrates' Courts rules has been prepared and printed for .the Justice Department and will shortly.go before Cabinet for approval. Thcse rules govern procedure in all niatters brouglu before a Magistrate. The Justice Department hopes to have them in operation by November 1, but it may be the end of the vear before this can be done. Under the Magistrates' Courts Act passed last year the jurisdiction of the Court is extended in three ways. First, the Act allows the Court to hear eivil elaims involying up to £500, instead ot up to £300 as in the past. feSeeondly, it brings within the Court 's scope questions of title to property, and, thirdl.v, it brings within the jurisdiction of the Court all reinedies known to law, m equity or otherwise, whcreas under the old Act, broadly, the only remedy avail able in the Magistrates' Courts 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 conipreliensive code of rules designed to provide for all steps in procedure in the Magistrates' Courts frOm the beginning of any proceedings to their conclusion. It will applv to all proceedings tliat will be talcpn before a Magistrate 's Court or a Magistrate. The code is taken largely from that in use in the County Court in England, with modifications from the old Magistrates' Courts rules and the Supreme Court code. Many forms are involved (about 100 in all) as precedents to save tinie in the drafting of applications to the Court and thereby reduciitg the eost 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 speeial committee. They have now reaehed th^6 stage at whieh the Anal 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 direetly concerned can become familiar "with them.