Contents

Chapter 13
Jurisdiction of the courts

Introduction

13.1This chapter makes recommendations relating to:281
13.2 The arguments for and against the District Court and Family Court having jurisdiction under new trust legislation were fully canvassed in the Fifth Issues Paper and the Preferred Approach Paper.282
281In this Report we will refer to the District Court and the Family Court in the singular, although there are in fact 63 District Courts and Family Courts located throughout New Zealand. Each District Court is separately constituted under the District Courts Act 1947. Each Family Court was established as a division of each District Court by the Family Courts Act 1980.
282Law Commission Court Jurisdiction, Trading Trusts and Other Issues: Review of the Law of Trusts – Fifth Issues Paper (NZLC IP28, 2011) at chs 1–3; and Law Commission Review of the Law of Trusts – Preferred Approach (NZLC IP31, 2012) at ch 12.