Court Funds Act 1973

An Act to provide for the custody and investment of money paid into the Supreme Court, the District Court and Magistrates Courts, to provide for the security and management of money and effects of suitors in those courts and for related purposes

Long title amd 2000 No. 46 s 3 sch; 2017 No. 17 s 108

1Short title

This Act may be cited as the Court Funds Act 1973.

2Commencement

This Act shall commence on a date appointed by proclamation.

4Definitions

In this Act—

Court means the Supreme Court or the District Court, or a Magistrates Court into which an amount that is money in Court is paid.

s 4 def Court (prev def court) sub 1996 No. 79 s 10(1)–(2); 2017 No. 17 s 109

interest includes dividends or periodical income, and when used in an order of the Court or a Judge thereof means the interest, dividends and other periodical produce on all money referred to in the order.

money in Court means any sum of money paid into the Court or placed to the credit of any cause, matter or account in the Court, and includes dividends on securities in Court and interest on money lodged in the Court and invested under any Act or rules of the Court.

order, of a court, includes—

(a)a judgment of the court, a Supreme Court or District Court judge or a magistrate; and

(b)a report, certificate or direction of the court, a Supreme Court or District Court judge, a magistrate or an officer of a court prescribed under a regulation.

s 4 def order sub 1996 No. 79 s 10(1)–(2)

registrar means—

(a)for the Supreme Court—a registrar or deputy registrar of the court; or

(b)for the District Court—a registrar of the court; or

(c)for a Magistrates Court—the registrar of the court.

s 4 def registrar sub 1996 No. 79 s 10(1)–(2)

amd 2000 No. 46 s 3 sch

securities include debentures, stocks and shares.

securities in Court means securities standing or deposited in the name or to the credit of the Minister on behalf of the Court, or placed to the credit of a cause, matter or account in the Court.

s 4 def securities in Court amd 1999 No. 29 s 50 sch

suitors fund see section 5.

s 4 def suitors fund ins 1996 No. 79 s 10(2)

Treasurer ...

s 4 def Treasurer om 17 June 1974 RA s 39

s 4 amd 1995 No. 58 s 4 sch 1

5Court Suitors Fund

(1)The Court Suitors Fund (the suitors fund) is continued in existence subject to the Financial Administration and Audit Act 1977, part 8, division 2.

(1A)Accounts for the suitors fund must be kept as part of the departmental accounts of the department.

(1B)However, amounts received for the suitors fund must be deposited in a departmental financial-institution account of the department used only for amounts received for the suitors fund.

(2)Amounts paid to a court to the credit of a cause, matter, or an account relating to a proceeding in the court must be paid into the suitors fund at the times and in the way prescribed under a regulation.

(3)Payment, delivery and transfer of amounts from the suitors fund must be made in accordance with this Act.

(4)In this section—

departmental accounts, of a department, means the accounts of the department under the Financial Accountability Act 2009, section 69.

departmental financial-institution account, of a department, means an account of the department kept under the Financial Accountability Act 2009, section 83.

s 5 amd 17 June 1974 RA s 38

sub 1996 No. 79 s 11

amd 1999 No. 29 s 50 sch; 2009 No. 9 s 136 sch 1

7Dealings with money in Court

All money in Court shall be dealt with by the Minister and the registrar in accordance with and subject to this Act and any rules of the Court.

s 7 amd 1996 No. 79s 12; 1999 No. 29 s 50 sch

8Vesting of money and securities

All money and securities that, after the commencement of this Act, are transferred or paid into or deposited in the Court to the credit of any cause, matter or account shall vest in the Minister for and on behalf of the Court without any conveyance, assignment or transfer, and shall be held by the Minister subject to this Act and any rules of the Court and, subject thereto, in accordance with the orders of the Court duly made with respect thereto.

s 8 amd 1999 No. 29 s 50 sch

9Interest on money

Subject to this Act—

(a)interest at the prescribed rate shall be paid by the Treasurer in the prescribed manner after the commencement of this Act, on all money paid into the suitors fund; and

(b)interest at the prescribed rate shall be paid by the Treasurer on all money in Court received after the commencement of this Act, from the date, for the time and in the manner prescribed.

s 9 amd 1996 No. 79 s 13

10Remittances to Minister

(1)On or before the fourth day of each month in every year, the registrar shall cause to be remitted to the Minister the total amount of money in Court received by the registrar during the last preceding month.

(2)Subject to subsection (1), the registrar may at any time remit to the Minister any money in Court.

s 10 amd 1999 No. 29 s 50 sch

11Investments under order of the Court

(1)Money in Court paid in either before or after the commencement of this Act that, by or under any Act or rule of the Court or under any order of the Court, is required to be laid out in any particular investment shall, subject to this Act, be so laid out.

(2)However, money in Court paid in after the commencement of this Act shall not be invested other than under the Trusts Act 1973, part 3.

s 11 amd 1999 No. 69 s 7 sch

12Appointment of holder of office to act for Minister

Any act, instrument or authority required or authorised to be done, signed, executed or exercised by the Minister for the purposes of this Act may be done, signed, executed or exercised by the holder of any office appointed by the Minister to act for the Minister in that behalf.

s 12 amd 1999 No. 29 s 50 sch

13Validity of acts duly done

All acts duly done by the Minister or the registrar with reference to money and securities in Court pursuant to this Act or any rules of the Court shall be as valid and effectual as if they had been done pursuant to an order of the Court.

s 13 amd 1999 No. 29 s 50 sch

14Remittances by post

Where pursuant to this Act the registrar is authorised to make a payment of money to a person entitled thereto upon the person’s request by transmitting by post to the person, a crossed cheque or other document entitling the person to obtain payment of the sum expressed therein, the posting of a letter containing such cheque or other document, and addressed to the person at the address given by the person in his or her request, shall be deemed to be delivery of the cheque or other document to the person.

15Accounts and audit

(1)The Minister shall cause to be kept such accounts as are prescribed for the purposes of this Act (including accounts that are necessary for carrying into effect the orders of the Court) and, so far as not prescribed, as the Minister thinks fit.

(2)The registrar shall cause to be kept for the purposes of this Act such accounts as are prescribed with respect to all money in Court.

(3)The Auditor-General must audit the accounts kept under this Act at least once every year.

s 15 amd 1995 No. 58 s 4 sch 1; 1999 No. 29 s 50 sch

16Regulation making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be made about—

(a)the deposit, payment, delivery and transfer in, into and out of the Court of money and securities that belong to suitors or are otherwise capable of being deposited in or paid or transferred into the Court or into any financial institution or are under the custody of the Court, and the evidence of such deposit, payment, delivery or transfer;

(b)the investment of and other dealings with money and securities in Court in pursuance of the orders of the Court, and the execution of the orders of the Court;

(c)the powers and duties of the Minister and the registrar with reference to money and securities in Court;

(d)the manner in which the Minister and the registrar are to deal with money and securities in pursuance of orders of the Court;

(e)the manner in which effect is to be given to an order of the Court that is to be executed by or through the office of the Minister;

(f)the arrangements generally between the office of the Minister and the Court and the officers of the Court;

(g)the information to be given to and by the Minister with reference to Court business;

(h)the deposit, payment, sale, transfer and delivery with, to or by the Minister of money and securities in Court and the proceedings, evidence and duties of persons in relation thereto;

(i)regulation of the investment of money in Court in securities and the conversion into money of securities in Court;

(j)the determination of the manner of ascertaining the value of securities ordered to be purchased, sold or otherwise dealt with by the Minister;

(k)the payment and crediting of interest on money in Court;

(l)the determination of the smallest amount of money in Court that is to be invested in securities unless directed to be invested notwithstanding the smallness of the amount, and the smallest amount of money in Court on which interest in pursuance of this Act is to be credited to an account to which money in Court belongs;

(m)the determination of the time at which interest on money in Court is to begin and cease and the manner of computing such interest;

(n)dealing with interest on securities standing to the account of the Minister on behalf of the Court;

(o)dealing with accounts on which the balance of money and securities together is less than $20, and providing for the periodical publication of a list of accounts not dealt with for a period of 6 years and dealing with those accounts;

(p)the manner of framing and expressing orders of the Court and proceedings relating to the business of the Minister pursuant to this Act;

(q)abrogation of any general orders of the Court in relation to matters pursuant to this Act;

(r)proof of the existence of an order of the Court and of the matters contained therein that shall be sufficient to authorise the transfer on sale or otherwise or the delivery out of securities or other things deposited with any financial institution or other person.

(3)The transfer or delivery out of securities or other things by an officer of any financial institution or other person upon production of such proof.

s 16 amd 1995 No. 58 s 4 sch 1; 1997 No. 17 s 74 sch; 1999 No. 29 s 50 sch