“4A Application of sections 4B to 4F

• Sections 4B to 4F apply to Justices performing judicial powers and functions under section 4(b).

“4B No proceeding against Justice unless he or she acted without jurisdiction

• “(1) No proceeding may be commenced against any Justice for any act done by him or her, unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction.

  “(2) If a warrant to seize property or warrant of commitment is granted by a Justice in good faith in reliance on a conviction or order entered or made by 1 or more Justices or 1 or more Community Magistrates, no proceeding may be commenced against the Justice who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Justices or Community Magistrate or Community Magistrates who entered or made it.

  “Compare: 1927 No 37 ss 341, 344, 345, 348; 1957 No 87 s 193

“4C No proceeding against Justice to be commenced in District Court

• No proceeding against any Justice by any person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction may be commenced in a District Court.

  “Compare: 1927 No 37 s 353; 1957 No 87 s 194

“4D Onus of proof

• In any proceeding commenced against a Justice by a person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction lies on the person alleging it.

  “Compare: 1927 No 37 s 365; 1957 No 87 s 195

“4E Plaintiff may be ordered to give security for costs

• “(1) This section applies to any proceedings commenced against a Justice by a person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction.

  “(2) The High Court or any Judge of that Court, on application by the Justice at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in a sum not exceeding $500.

  “(3) If security is ordered to be given, the Court or Judge may direct that in the meantime all proceedings are stayed.

  “Compare: 1927 No 37 ss 357, 359; 1957 No 87 s 196

“4F Indemnity to Justice

• “(1) Subsection (2) applies to any Justice against whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Justice in excess of jurisdiction or without jurisdiction.

  “(2) The Justice must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—

  • “(a) the Justice acted in good faith under the belief that he or she had in fact jurisdiction; and

  • “(b) in all the circumstances the Justice ought fairly and reasonably to be excused.

  “(3) Subsections (4) and (5) apply if a Justice settles a claim against him or her by paying or agreeing to pay an agreed amount of damages or costs before proceedings are commenced, or before or during trial of the proceeding.

  “(4) The Justice must be indemnified by the Crown to the full amount paid or agreed to be paid if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—

  • “(a) the Justice acted in good faith under the belief that he or she had in fact jurisdiction; and

  • “(b) in all the circumstances the Justice ought fairly and reasonably to be excused; and

  • “(c) the amount paid or agreed to be paid was fair and reasonable.

  “(5) If the High Court Judge is not satisfied of the matter in subsection (4)(c), the Judge may issue the certificate in respect of any lesser sum that in the Judge's opinion is adequate to settle the plaintiff's claim, and in that case the Justice must be indemnified by the Crown to the amount specified in the certificate.

  “(6) Application for a certificate under any of subsections (2), (4), or (5) may be made by a Justice at any time to a Judge in Chambers, and the Judge has power to grant the certificate after considering all evidence that is given before him or her either orally or in the form of affidavits.

  “(7) A copy of the application must be served by the Justice on the Attorney-General, who is entitled to appear and oppose it.

  “Compare: 1957 No 87 s 197”.