🏢 Porangahau Magistrate's Court

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	The establishment date of the Porangahau Magistrate's Court is based on the date the Governor appointed the Herbertville Hall to be a place where court sitting could be held, 30 November 1894.

                    [custom2] => 
    
	
  1. 
		New Zealand Legal Information Institute, http://www.nzlii.org/ (accessed 18 February 2015).
    2. 
	
  2. 
		New Zealand Gazette 1894, Volume II, Government Printer, Wellington, 1894.
    3. 
	
  3. 
		Archives New Zealand Series 16211 - Department of Justice Inwards letters and registered files (Record Group series J.1).
    4. 
	
  4. 
		Archives New Zealand Series 24975 - Porangahau Criminal record book.
    5. 


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	Establishment



	The Porangahau Magistrate's Court was established as the Herbertville Magistrate's Court on on 30 November 1894 when, pursuant to the Magistrates' Court Act 1893, the Governor appointed the Herbertville Hall to be a place where Magistrate's Court sittings could be held.1 Charles Hall, Member of the House of Representatives for Waipawa, asked the Minister of Justice to consider establishing a Magistrate's Court in the Porangahau or Herbertville districts.2



	Constable Archibald Gray was appointed the first Clerk and Bailiff of the Court on 7 December 1894.3



	Jurisdiction



	Civil and criminal cases were heard in the Court. Sessions were held on a periodic basis as required, with magistrates working on a circuit between other local courts.



	The civil jurisdiction of the Court was classed into ordinary, extended, and special.



	The ordinary jurisdiction of the Court included the following cases:


    
	
  • 
		Breach of contract, or tort, where the amount claimed did not exceed one hundred pounds (£100), except in actions for false imprisonment or illegal arrest, or for malicious prosecution, or for libel or slander, or for seduction, or for breach of promise of marriage;
    • 
	
  • 
		Debt, where the sum claimed did not exceed one hundred pounds (£100), whether such sum was the original amount of the debt, or a balance after allowing payment on account, or credit for goods supplied, or the amount of any other admitted set-off;
    • 
	
  • 
		The recovery of any demand not exceeding one hundred pounds (£100) that was the whole or part of the unliquidated balance of a partnership account;
    • 
	
  • 
		The attachment of debts that did not exceed in amount the sum of one hundred pounds (£100);
    • 
	
  • 
		The enforcement of claims upon and the recovery of possession of some specific movable property the value which did not exceed one hundred pounds (£100);
    • 
	
  • 
		The recovery of possession of tenements, with or without arrears of rent or mesne profits (profits derived from land while in wrongful possession) -
    • 




	i) Where the claim was alleged to have arisen on the determination of a tenancy or occupation at a rental that did not exceed the rate of one hundred and five pounds (£105) by the year:



	ii) In other cases, where the value of the tenement did not exceed one hundred pounds (£100):


    
	
  • 
		Interpleader cases generally, when the value of the subject matter in dispute did not exceed one hundred pounds (£100);
    • 
	
  • 
		Where the parties agreed, by writing signed by them or their solicitors, that, whatever the amount or value of the subject-matter, but not in excess of two hundred pounds (£200) (provided the case was otherwise within the jurisdiction), the Court should have jurisdiction;
    • 
	
  • 
		The granting a writ of arrest for holding to bail any person who was about to quit New Zealand leaving unsettled a claim within the ordinary jurisdiction of the Court.4
    • 




	Extended jurisdiction included the following cases:


    
	
  • 
		Breach of contract, or tort, where the amount claimed did not exceed two hundred pounds (£200), except in actions for false imprisonment or illegal arrest, or for malicious prosecution, or for libel or slander, or for seduction, or for breach of promise of marriage;
    • 
	
  • 
		Debt, where the sum claimed did not exceed two hundred pounds (£200), whether such sum was the original amount of the debt, or a balance after allowing payment on account, or credit for goods supplied, or the amount of any other admitted set-off;
    • 
	
  • 
		The recovery of any demand not exceeding two hundred pounds (£200) that was the whole or part of the unliquidated balance of a partnership account;
    • 
	
  • 
		The attachment of debts that did not exceed in amount the sum of two hundred pounds (£200);
    • 

	
  • 
		The enforcement of claims upon and the recovery of possession of some specific movable property the value which did not exceed two hundred pounds (£200);
    • 
	
  • 
		The recovery of possession of tenements, with or without arrears of rent or mesne profits (profits derived from land while in wrongful possession) -
    • 




	i) Where the claim was alleged to have arisen on the determination of a tenancy or occupation at a rental that did not exceed the rate of two hundred and ten pounds (£210) by the year:



	ii) In other cases, where the value of the tenement did not exceed two hundred pounds (£200):


    
	
  • 
		Interpleader cases generally, when the value of the subject matter in dispute did not exceed two hundred pounds (£200);
    • 
	
  • 
		Where the parties agreed, by writing signed by them or their solicitors, that, whatever the amount or value of the subject-matter, but not in excess of five hundred pounds (£500) (provided the case was otherwise within the jurisdiction), the Court should have jurisdiction;
    • 
	
  • 
		The granting a writ of arrest for holding to bail any person who was about to quit New Zealand leaving unsettled a claim within the ordinary or extended jurisdiction of the Court.
    • 
	
  • 
		The settlement of disputes between any building society and its members, where the amount involved did not exceed two hundred pounds (£200): and the recovery of moneys or enforcement of claims by or against any building society, and all other matters arising under the Building Societies Act, 1908, that did not exceed the amount or value the sum of two hundred pounds (£200).5
    • 




	Special jurisdiction included the following matters:


    
	
  • 
		Partnership accounts, or disputes between partners, where the amount involved did not exceed two hundred pounds (£200);
    • 
	
  • 
		The recovery of any pecuniary compensation that did not exceed two hundred pounds (£200) for false imprisonment or illegal arrest, or malicious prosecution, or for libel or slander, or for seduction, or for breach of promise of marriage;
    • 
	
  • 
		The recovery of a specific or pecuniary legacy or share of residue that did not exceed in value or amount two hundred pounds (£200), where the validity of the bequest or the construction of the testamentary dispositions in regard to were not disputed;
    • 
	
  • 
		The granting and dissolution of injunctions to prevent irreparable injury to property, being the subject-matter of an action within the jurisdiction of the Court, where the value of such property did not exceed five hundred pounds (£500), or being land, where the rental did not exceed two hundred and ten pounds (£210) per annum.
    • 
	
  • 
		The exercise of all the powers of a Judge of the Supreme Court (pursuant to the Supreme Court Act 1882, and the Judicature Act 1908) for the arrest of persons about to quit New Zealand.6
    • 




	The Court's criminal jurisdiction related to the hearing of minor offences committed under the Police Offences Acts of 1884, 1907 and 1908, the Criminal Code Act 1893 and the Crimes Act 1908 (serious criminal offences were heard in the Supreme Court).



	Structure



	The Porangahau Magistrate's Court was presided over by Stipendiary Magistrates, who were appointed by the Governor/Governor-General under section 13 of the Magistrate's Courts Act 1893 and section 7 of the Magistrates' Courts Act 1908.



	Until 1908, magistrates were not required to have any legal qualifications or experience. The Magistrates' Court Act 1908 began the practice of appointing qualified lawyers as magistrates. Magistrates could exercise ordinary, extended or special jurisdiction. To exercise extended jurisdiction, a magistrate had to be a barrister or solicitor of the Supreme Court or have been a Resident Magistrate for five years. To exercise special jurisdiction, a magistrate had to be a barrister or solicitor. Under the Magistrates' Courts Amendment Act 1913, all magistrates were required to be barristers or solicitors of five or more years standing.



	Management of the Court was the responsibility of the Clerk (Clerk of the Court). The duties and powers of the Clerk were to:


    
	
  • 
		Issue all summonses, warrants, writs, and other process that were required to be issued out of the Court, and keep a record thereof, and of all returns thereto, and of all orders and judgments and other proceedings of the Court, whether done in or out of Court;
    • 
	
  • 
		Receive and keep account of all moneys paid into or out of Court; and
    • 
	
  • 
		Generally do all other acts and duties incident to the office of Clerk.7
    • 




	Bailiffs assisted in executing the processes of the Court. All bailiffs:


    
	
  • 
		had the powers of a constable and took an oath prescribed by the Justices of the Peace Act, for special constables, before any Justice;
    • 
	
  • 
		attended each sitting of the Court to which they were appointed for such time as was required, unless their presence was excused by the Court;
    • 
	
  • 
		served all summonses and orders and executed all warrants issued out of any Court and coming to their hands for the purpose of service or execution, or, with the written consent of the party requiring such service, could authorise any person to act for them in effecting any such service or execution;
    • 
	
  • 
		conformed to all rules and regulations affecting the execution of their office, and in other respects were subject to the directions of the Magistrate;
    • 
	
  • 
		were answerable for all acts and defaults of themselves and those acting under them and by their authority; and
    • 
	
  • 
		give security for the due performance of their duties in such form and to such amount as was from time to time required by the Minister of Justice or the Magistrate appointing them.8
    • 




	Disestablishment



	In February 1921 solicitors pracitising in Waipukurau petitioned the Minister of Justice to disestablish the Porangahau court and move all hearing to the Waipukurau Margistrate's Court, citing the lack of cases and the expense of maintaining a court in the area. The Minister agreed and decided to close the Porangahau Magistrate's Court on 30 April 1921, with the records being sent to Waipukurau.9 The last cases were heard on 28 April 1921.10



	Footnotes:


    
	
  1. 
		p.1769, New Zealand Gazette, 6 December 1894.
    2. 
	
  2. 
		Correspondence from C. Hall, MHR, Wellington, dated 4 August 1894, Subject: That sittings of Magistrates' Courts he held at Porangahau or Herbertville (J.1894/1105) - File No. J.1894/1799, 11 December 1894, That safe be supplied to Court at Herbertville [Archives Reference: ACGS 16211, J.1894/1799 (Record Group reference J.1, 1894/17990].
    3. 
	
  3. 
		p.1878, New Zealand Gazette, 13 December 1894.
    4. 
	
  4. 
		Section 23, Magistrates' Courts Act 1908 - New Zealand Legal Information Institute, http://www.nzlii.org/nz/legis/hist_act_1908/mca1908232/ (accessed 18 February 2015).
    5. 
	
  5. 
		Section 24, Magistrates' Courts Act 1908 - New Zealand Legal Information Institute, http://www.nzlii.org/nz/legis/hist_act_1908/mca1908232/ (accessed 18 February 2015).
    6. 
	
  6. 
		Section 25, Magistrates' Courts Act 1908 - New Zealand Legal Information Institute,  http://www.nzlii.org/nz/legis/hist_act_1908/mca1908232/ (accessed 18 February 2015).
    7. 
	
  7. 
		Section 13, Magistrates' Courts Act 1908 - New Zealand Legal Information Institute,  http://www.nzlii.org/nz/legis/hist_act_1908/mca1908232/ (accessed 18 February 2015).
    8. 
	
  8. 
		Section 17(1), Magistrates' Courts Act 1908 - New Zealand Legal Information Institute,  http://www.nzlii.org/nz/legis/hist_act_1908/mca1908232/ (accessed 18 February 2015).
    9. 
	
  9. 
		Porangahau Courts [Petition], 12 February 1921 - File No. J.1921/180, 22 February 1921, Stipendiary Magistrate forwarding petition from Solicitors in Waipukurau that sittings of Magistrates' Court at Porangahau be discontinued [Archives Reference: ACGS 16211, J.1921/180 (Record Group reference J.1, 1921/180)].
    10. 
	
  10. 
		Criminal Record Book - Porangahau, 1895-1921 [Archives Reference: ABJJ 24975, W4074].
    11. 


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Agency

AAFJ

1895 ‑ 1921

Other

The Porangahau Magistrate's Court was responsible for hearing criminal and civil cases in Porangahau and the surrounding district.

Porangahau, Hawkes Bay

Show History

Establishment

The Porangahau Magistrate's Court was established as the Herbertville Magistrate's Court on on 30 November 1894 when, pursuant to the Magistrates' Court Act 1893, the Governor appointed the Herbertville Hall to be a place where Magistrate's Court sittings could be held.1 Charles Hall, Member of the House of Representatives for Waipawa, asked the Minister of Justice to consider establishing a Magistrate's Court in the Porangahau or Herbertville districts.2

Constable Archibald Gray was appointed the first Clerk and Bailiff of the Court on 7 December 1894.3

Jurisdiction

Civil and criminal cases were heard in the Court. Sessions were held on a periodic basis as required, with magistrates working on a circuit between other local courts.

The civil jurisdiction of the Court was classed into ordinary, extended, and special.

The ordinary jurisdiction of the Court included the following cases:

  • Breach of contract, or tort, where the amount claimed did not exceed one hundred pounds (£100), except in actions for false imprisonment or illegal arrest, or for malicious prosecution, or for libel or slander, or for seduction, or for breach of promise of marriage;
  • Debt, where the sum claimed did not exceed one hundred pounds (£100), whether such sum was the original amount of the debt, or a balance after allowing payment on account, or credit for goods supplied, or the amount of any other admitted set-off;
  • The recovery of any demand not exceeding one hundred pounds (£100) that was the whole or part of the unliquidated balance of a partnership account;
  • The attachment of debts that did not exceed in amount the sum of one hundred pounds (£100);
  • The enforcement of claims upon and the recovery of possession of some specific movable property the value which did not exceed one hundred pounds (£100);
  • The recovery of possession of tenements, with or without arrears of rent or mesne profits (profits derived from land while in wrongful possession) -

i) Where the claim was alleged to have arisen on the determination of a tenancy or occupation at a rental that did not exceed the rate of one hundred and five pounds (£105) by the year:

ii) In other cases, where the value of the tenement did not exceed one hundred pounds (£100):

  • Interpleader cases generally, when the value of the subject matter in dispute did not exceed one hundred pounds (£100);
  • Where the parties agreed, by writing signed by them or their solicitors, that, whatever the amount or value of the subject-matter, but not in excess of two hundred pounds (£200) (provided the case was otherwise within the jurisdiction), the Court should have jurisdiction;
  • The granting a writ of arrest for holding to bail any person who was about to quit New Zealand leaving unsettled a claim within the ordinary jurisdiction of the Court.4

Extended jurisdiction included the following cases:

  • Breach of contract, or tort, where the amount claimed did not exceed two hundred pounds (£200), except in actions for false imprisonment or illegal arrest, or for malicious prosecution, or for libel or slander, or for seduction, or for breach of promise of marriage;
  • Debt, where the sum claimed did not exceed two hundred pounds (£200), whether such sum was the original amount of the debt, or a balance after allowing payment on account, or credit for goods supplied, or the amount of any other admitted set-off;
  • The recovery of any demand not exceeding two hundred pounds (£200) that was the whole or part of the unliquidated balance of a partnership account;
  • The attachment of debts that did not exceed in amount the sum of two hundred pounds (£200);
  • The enforcement of claims upon and the recovery of possession of some specific movable property the value which did not exceed two hundred pounds (£200);
  • The recovery of possession of tenements, with or without arrears of rent or mesne profits (profits derived from land while in wrongful possession) -

i) Where the claim was alleged to have arisen on the determination of a tenancy or occupation at a rental that did not exceed the rate of two hundred and ten pounds (£210) by the year:

ii) In other cases, where the value of the tenement did not exceed two hundred pounds (£200):

  • Interpleader cases generally, when the value of the subject matter in dispute did not exceed two hundred pounds (£200);
  • Where the parties agreed, by writing signed by them or their solicitors, that, whatever the amount or value of the subject-matter, but not in excess of five hundred pounds (£500) (provided the case was otherwise within the jurisdiction), the Court should have jurisdiction;
  • The granting a writ of arrest for holding to bail any person who was about to quit New Zealand leaving unsettled a claim within the ordinary or extended jurisdiction of the Court.
  • The settlement of disputes between any building society and its members, where the amount involved did not exceed two hundred pounds (£200): and the recovery of moneys or enforcement of claims by or against any building society, and all other matters arising under the Building Societies Act, 1908, that did not exceed the amount or value the sum of two hundred pounds (£200).5

Special jurisdiction included the following matters:

  • Partnership accounts, or disputes between partners, where the amount involved did not exceed two hundred pounds (£200);
  • The recovery of any pecuniary compensation that did not exceed two hundred pounds (£200) for false imprisonment or illegal arrest, or malicious prosecution, or for libel or slander, or for seduction, or for breach of promise of marriage;
  • The recovery of a specific or pecuniary legacy or share of residue that did not exceed in value or amount two hundred pounds (£200), where the validity of the bequest or the construction of the testamentary dispositions in regard to were not disputed;
  • The granting and dissolution of injunctions to prevent irreparable injury to property, being the subject-matter of an action within the jurisdiction of the Court, where the value of such property did not exceed five hundred pounds (£500), or being land, where the rental did not exceed two hundred and ten pounds (£210) per annum.
  • The exercise of all the powers of a Judge of the Supreme Court (pursuant to the Supreme Court Act 1882, and the Judicature Act 1908) for the arrest of persons about to quit New Zealand.6

The Court's criminal jurisdiction related to the hearing of minor offences committed under the Police Offences Acts of 1884, 1907 and 1908, the Criminal Code Act 1893 and the Crimes Act 1908 (serious criminal offences were heard in the Supreme Court).

Structure

The Porangahau Magistrate's Court was presided over by Stipendiary Magistrates, who were appointed by the Governor/Governor-General under section 13 of the Magistrate's Courts Act 1893 and section 7 of the Magistrates' Courts Act 1908.

Until 1908, magistrates were not required to have any legal qualifications or experience. The Magistrates' Court Act 1908 began the practice of appointing qualified lawyers as magistrates. Magistrates could exercise ordinary, extended or special jurisdiction. To exercise extended jurisdiction, a magistrate had to be a barrister or solicitor of the Supreme Court or have been a Resident Magistrate for five years. To exercise special jurisdiction, a magistrate had to be a barrister or solicitor. Under the Magistrates' Courts Amendment Act 1913, all magistrates were required to be barristers or solicitors of five or more years standing.

Management of the Court was the responsibility of the Clerk (Clerk of the Court). The duties and powers of the Clerk were to:

  • Issue all summonses, warrants, writs, and other process that were required to be issued out of the Court, and keep a record thereof, and of all returns thereto, and of all orders and judgments and other proceedings of the Court, whether done in or out of Court;
  • Receive and keep account of all moneys paid into or out of Court; and
  • Generally do all other acts and duties incident to the office of Clerk.7

Bailiffs assisted in executing the processes of the Court. All bailiffs:

  • had the powers of a constable and took an oath prescribed by the Justices of the Peace Act, for special constables, before any Justice;
  • attended each sitting of the Court to which they were appointed for such time as was required, unless their presence was excused by the Court;
  • served all summonses and orders and executed all warrants issued out of any Court and coming to their hands for the purpose of service or execution, or, with the written consent of the party requiring such service, could authorise any person to act for them in effecting any such service or execution;
  • conformed to all rules and regulations affecting the execution of their office, and in other respects were subject to the directions of the Magistrate;
  • were answerable for all acts and defaults of themselves and those acting under them and by their authority; and
  • give security for the due performance of their duties in such form and to such amount as was from time to time required by the Minister of Justice or the Magistrate appointing them.8

Disestablishment

In February 1921 solicitors pracitising in Waipukurau petitioned the Minister of Justice to disestablish the Porangahau court and move all hearing to the Waipukurau Margistrate's Court, citing the lack of cases and the expense of maintaining a court in the area. The Minister agreed and decided to close the Porangahau Magistrate's Court on 30 April 1921, with the records being sent to Waipukurau.9 The last cases were heard on 28 April 1921.10

Footnotes:

  1. p.1769, New Zealand Gazette, 6 December 1894.
  2. Correspondence from C. Hall, MHR, Wellington, dated 4 August 1894, Subject: That sittings of Magistrates' Courts he held at Porangahau or Herbertville (J.1894/1105) - File No. J.1894/1799, 11 December 1894, That safe be supplied to Court at Herbertville [Archives Reference: ACGS 16211, J.1894/1799 (Record Group reference J.1, 1894/17990].
  3. p.1878, New Zealand Gazette, 13 December 1894.
  4. Section 23, Magistrates' Courts Act 1908 - New Zealand Legal Information Institute, http://www.nzlii.org/nz/legis/hist_act_1908/mca1908232/ (accessed 18 February 2015).
  5. Section 24, Magistrates' Courts Act 1908 - New Zealand Legal Information Institute, http://www.nzlii.org/nz/legis/hist_act_1908/mca1908232/ (accessed 18 February 2015).
  6. Section 25, Magistrates' Courts Act 1908 - New Zealand Legal Information Institute,  http://www.nzlii.org/nz/legis/hist_act_1908/mca1908232/ (accessed 18 February 2015).
  7. Section 13, Magistrates' Courts Act 1908 - New Zealand Legal Information Institute,  http://www.nzlii.org/nz/legis/hist_act_1908/mca1908232/ (accessed 18 February 2015).
  8. Section 17(1), Magistrates' Courts Act 1908 - New Zealand Legal Information Institute,  http://www.nzlii.org/nz/legis/hist_act_1908/mca1908232/ (accessed 18 February 2015).
  9. Porangahau Courts [Petition], 12 February 1921 - File No. J.1921/180, 22 February 1921, Stipendiary Magistrate forwarding petition from Solicitors in Waipukurau that sittings of Magistrates' Court at Porangahau be discontinued [Archives Reference: ACGS 16211, J.1921/180 (Record Group reference J.1, 1921/180)].
  10. Criminal Record Book - Porangahau, 1895-1921 [Archives Reference: ABJJ 24975, W4074].

The establishment date of the Porangahau Magistrate's Court is based on the date the Governor appointed the Herbertville Hall to be a place where court sitting could be held, 30 November 1894.


  1. New Zealand Legal Information Institute, http://www.nzlii.org/ (accessed 18 February 2015).
  2. New Zealand Gazette 1894, Volume II, Government Printer, Wellington, 1894.
  3. Archives New Zealand Series 16211 - Department of Justice Inwards letters and registered files (Record Group series J.1).
  4. Archives New Zealand Series 24975 - Porangahau Criminal record book.





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Waipukurau District Court  >  Porangahau index to Plaint book

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        )

    [metadata.predicate.literal_s.18e6404e] => Array
        (
            [0] => 1978-01-01T00:00:00.0Z
            [1] => 1895-01-01T00:00:00.0Z
            [2] => 1918-01-01T00:00:00.0Z
        )

    [metadata.predicate.date.18e6404e] => 1918-01-01T00:00:00.000+00:00
    [metadata.predicate.uri.fae65ac5] => Array
        (
            [0] => https://common.aims.axiellhosting.com/api/etl-entrystore/latest/aims/resource/ABJJ
        )

    [metadata.predicate.uri.e46cdf00] => Array
        (
            [0] => https://common.aims.axiellhosting.com/api/etl-entrystore/latest/aims/resource/R13219153
        )

    [_version_] => 1827026347770249216
    [indexedAt] => 2025-03-19T12:41:43.264+00:00
)
Item

R13219153

1895 ‑ 1918

Porangahau Civil record book

Waipukurau District Court

Wellington repository

Physical

Open

Text

95

Item Inquiry — Reading Room Pre-Orders

🌀 Archives NZ / CC BY 2.0

1895 ‑ 1918Wellington 		1895 ‑ 1918 Wellington

Archives NZ results via API under CC BY 2.0 license