New Zealand Legislation: Acts

1.1 Title

1.2 Objective

1.3 Interpretation

1.4 Application

1.5 Non-compliance with rules

1.6 Cases not provided for

1.7 Oral applications for relief

1.8 Consent instead of leave of court

1.9 Amendment of defects and errors

1.10 Security

1.11 Speaking in Māori

1.12 Translation of documents into te reo Māori

1.13 Failure to give notice

1.14 Translation may be ordered by court

1.15 Affidavit in language other than English

1.16 Sign language

1.17 Calculating periods of time

1.18 When time expires when court registry is closed

1.19 Extending and shortening time

1.20 Lawyers’ duties

1.21 Variation of forms

1.22 Communication with foreign court

2.1 Jurisdiction and powers

2.2 Interim order on transfer of proceeding

2.3 Review of decision

2.4 Appeal to Court of Appeal

2.5 Registrars’ jurisdiction and powers relating to interlocutory applications

2.6 Additional jurisdiction for certain Registrars

2.7 Limits on jurisdiction

2.8 Powers ancillary to jurisdiction

2.9 Jurisdiction in other registries

2.10 Form of order

2.11 Review of Registrar’s decision

3.1 Registry hours

3.2 Court holidays

3.3 Sitting on court holidays

3.4 Epidemics and emergencies

3.5 Interpretation

3.6 Application

3.7 General right of access to formal court record and certain applications under Administration Act 1969

3.8 Right of parties to access court file or documents

3.9 Access to documents during substantive hearing stage

3.10 Meaning of relevant deadline in rule 3.9

3.11 Access to court files, documents, and formal court record in other cases

3.12 Restrictions on access

3.13 Applications for permission to access documents, court file, or formal court record other than at hearing stage

3.14 Decisions on applications under rule 3.13

3.15 Review of decisions by Registrar

3.16 Matters to be taken into account

3.17 Application for order

3.18 Powers of court in relation to application

3.19 Disposal of securities and income

4.1 Limit on parties

4.2 Plaintiffs

4.3 Defendants

4.4 Third parties

4.5 Fourth parties

4.6 Subsequent parties

4.7 Status of third, fourth, and subsequent parties

4.8 Court’s power and discretion

4.9 Application of third party notice rules to fourth and subsequent party notices

4.10 Requirements of third party notice

4.11 Filing of third party notice

4.12 Service on third party

4.13 Service on plaintiff

4.14 Filing and service of statement of defence

4.15 Service of application for leave

4.16 Setting aside third party notice

4.17 Default in filing statement of defence

4.18 Right to give notice

4.19 Statement of claim to be filed and served

4.20 Statement of defence

4.21 Form of notice

4.22 Effect of omission to give notice

4.23 Trustees, executors, and administrators

4.24 Persons having same interest

4.25 Partners

4.26 Person trading as firm

4.27 Representation by other persons

4.28 Relators

4.29 Incapacitated person, litigation guardian, and minor defined

4.30 Incapacitated person must be represented by litigation guardian

4.31 Minor must be represented by litigation guardian

4.32 Minor may apply to conduct proceeding without litigation guardian

4.33 Application of rules 4.34 to 4.46 to minors

4.34 Court may set aside step in proceeding

4.35 Appointment of litigation guardian

4.36 Application to be served on person for whom litigation guardian is to be appointed

4.37 Notification of appointment

4.38 Powers of litigation guardian

4.39 Heading on documents when incapacitated person is represented

4.40 Service of documents

4.41 Representation to be disregarded in making award of costs

4.42 Award of costs enforceable against incapacitated person or litigation guardian

4.43 Liability of former litigation guardian for costs subsequently awarded against incapacitated person

4.44 Compliance with liability order

4.45 Litigation guardian may be reimbursed for costs out of property of incapacitated person

4.46 Retirement, removal, or death of litigation guardian

4.47 Procedure when person ceases to be incapacitated person

4.48 Procedure when minor attains full age

4.49 Proceeding not to come to end

4.50 Procedure on death, bankruptcy, and devolution

4.51 Devolution when proceeding pending

4.52 New parties order

4.53 Discharge or variation of new parties order

4.54 Change of name

4.55 Parties wrongly joined

4.56 Striking out and adding parties

4.57 Interpretation

4.58 Right to interplead

4.59 Form of application

4.60 Affidavit in support

4.61 Time for applying

4.62 Claimants to file affidavits

4.63 Powers of court

4.64 Costs of applicant

5.1 Identification of proper registry

5.2 Non-complying documents

5.3 Paper

5.4 Contents to be typed, etc

5.5 Margin

5.6 Signature to be original

5.7 Cover sheet, numbering, and fastening of document

5.8 Description of document

5.9 Heading generally

5.10 Format of cover sheet

5.11 Heading on statement of claim and counterclaim

5.12 Heading on judgment and certain orders

5.13 Heading on other documents

5.14 Division into paragraphs

5.15 Numbers

5.16 Information at foot of cover page

5.17 Distinct matters to be stated separately

5.18 Denial of representative character

5.19 Denial of contract

5.20 Effect of document to be stated

5.21 Notice requiring further particulars or more explicit pleading

5.22 Notice of proceeding to be filed with statement of claim

5.23 Requirements as to notice of proceeding

5.24 When not necessary to file notice of proceeding

5.25 Proceeding commenced by filing statement of claim

5.26 Statement of claim to show nature of claim

5.27 Statement of claim to specify relief sought

5.28 Inclusion of several causes of action

5.29 Joint plaintiffs

5.30 Joining claims by or against spouses or partners

5.31 Specifying relief sought

5.32 Amount of money claim

5.33 Special damages

5.34 Set-off

5.35 Representative capacity of party

5.36 Authority to file documents

5.37 Solicitor’s warranty as to authorisation to file documents

5.38 Solicitor on record

5.39 Authority to sign documents

5.40 Change of representation or address for service

5.41 Withdrawal of solicitor who has ceased to act for party

5.42 Address for service of party whose solicitor has ceased to act

5.43 Solicitors to inform clients of orders or directions

5.44 Memorandum at end of first document filed by party

5.45 Order for security of costs

5.46 Solicitor not to be surety

5.47 Filing and service of statement of defence

5.48 Requirements of statement of defence

5.49 Appearance and objection to jurisdiction

5.50 Appearance for ancillary purposes

5.51 Appearance reserving rights

5.52 Forms

5.53 Counterclaim against plaintiff only

5.54 Heading of counterclaim

5.55 Filing and service

5.56 Defence to counterclaim

5.57 Counterclaim against plaintiff and another person

5.58 Place of trial of counterclaim

5.59 Status of counterclaim if proceeding stayed

5.60 Counterclaim by counterclaim defendant

5.61 Restriction when the Crown involved

5.62 Duty to file and serve reply

5.63 Contents of reply

5.64 Application of rules

5.65 Documents to be filed in proper registry

5.66 On filing treated as proceeding

5.67 Title of documents

5.68 Time for filing statement of defence

5.69 Transfer under section 45 of District Courts Act 1947

5.70 Service generally

5.71 Personal service required

5.72 Prompt service required

5.73 Extension of time for service

6.1 Methods of service

6.2 Service of copies

6.3 Notices

6.4 Personal service on spouses or partners

6.5 Service at address for service

6.6 Service by means of post office box, document exchange, fax, or email

6.7 Service under agreement

6.8 Substituted service

6.9 Notices to be given by Registrar

6.10 Proof of service

6.11 Personal service

6.12 Personal service on New Zealand corporations

6.13 Personal service in New Zealand on foreign corporations

6.14 Personal service on unincorporated societies

6.15 Personal service on partnership or apparent partnership

6.16 Personal service on attorney or agent of absentee

6.17 Service on representatives

6.18 Service on solicitor

6.19 Service of statement of claim on certain days void

6.20 Failure to give address for service

6.21 Service of foreign process

6.22 Sheriff to effect service

6.23 Method of service

6.24 Return as to service

6.25 Certification

6.26 Sealing and transmission of certificate

6.27 When allowed without leave

6.28 When allowed with leave

6.29 Court's discretion whether to assume jurisdiction

6.30 Service of other documents outside New Zealand

6.31 Notice to defendant served outside New Zealand

6.32 Service outside New Zealand

6.33 Service through official channels

6.34 Service in convention countries

6.35 Time for filing defence

7.1 Tracks for proceedings

7.2 Convening of case management conferences

7.3 Case management and pre-trial conferences for proceedings on standard track

7.4 Matters to be considered at case management conferences for proceedings other than appeals

7.5 Case management conferences for appeals

7.6 Cancellation of conference

7.7 Court to seek admissions and agreements

7.8 Limitation of right of appeal

7.9 Directions as to conduct of proceeding

7.10 Order may be varied at trial

7.11 Hearing dates for proceedings on swift track

7.12 Application of rules 7.13 to 7.18

7.13 Allocation of hearing dates and setting down dates

7.14 Jury notice

7.15 Lists of proceedings

7.16 Registrar’s functions in relation to hearing dates

7.17 Parties to keep Registrar informed

7.18 No steps after setting down date without leave

7.19 Contents, form, and filing of interlocutory application

7.20 Affidavit to be filed with application

7.21 Filing by post

7.22 Service of application and supporting affidavit

7.23 Application without notice

7.24 Notice of opposition to application

7.25 Affidavit to be filed with notice of opposition

7.26 Affidavit in reply

7.27 Evidence normally given by affidavit

7.28 Cross-examination of maker of affidavit

7.29 Rules governing affidavits

7.30 Statements of belief in affidavits

7.31 When admissions binding

7.32 Previous affidavits and agreed statements of fact

7.33 Allocation of hearing date

7.34 Mode of hearing

7.35 Publication about hearing in chambers

7.36 Application for summary judgment to be heard in open court

7.37 No hearing required if respondents consent or do not oppose

7.38 Respondent who consents, or who does not oppose, need not attend hearing

7.39 Synopsis of argument

7.40 Failure to attend

7.41 Certain applications may be made orally at hearing

7.42 Adjournment

7.43 Making of interlocutory orders

7.44 Power to grant interlocutory order or interlocutory relief

7.45 Interlocutory orders may be made subject to conditions

7.46 Determination of application without notice

7.47 Drawing up and sealing interlocutory order

7.48 Enforcement of interlocutory order

7.49 Order may be varied or rescinded if shown to be wrong

7.50 Order relating to management of proceeding may be varied if circumstances change

7.51 Order may be rescinded if fraudulently or improperly obtained

7.52 Limitation as to second interlocutory application

7.53 Application for injunction

7.54 Undertaking as to damages

7.55 Preservation of property

7.56 Sale of perishable property before hearing

7.57 Order to transfer part of property to person with interest in property

7.58 Interim payment of income to person with interest in income

7.59 Application

7.60 Address for service

7.61 Receiver must give security

7.62 Remuneration of receiver

7.63 Accounts of receiver

7.64 Examination of accounts

7.65 Default by receiver

7.66 Powers of receiver

7.67 Accounts on death of receiver

7.68 Interpretation

7.69 Application for interim payment

7.70 Order for interim payment in respect of damages

7.71 Order for interim payment in respect of sums other than damages

7.72 Method of payment

7.73 Directions on interim payment application

7.74 Non-disclosure of interim payment

7.75 Adjustment on final judgment or order or on discontinuance

7.76 Counterclaims and other proceedings

7.77 Filing of amended pleading

7.78 Recovery of specific property subject to lien or other security

7.79 Court may assist in negotiating for settlement

7.80 Arbitration by consent

7.81 Interim relief in support of overseas proceedings

8.1 Interrogatories by notice

8.2 Duties of party served

8.3 Limitation of interrogatories by notice

8.4 Multiple parties

8.5 Order to answer

8.6 Contents of statement

8.7 Objection to answer

8.8 Who may swear affidavit verifying statement in answer to interrogatories

8.9 Insufficient answer

8.10 Incorrect answer to be amended

8.11 Answers as evidence

8.12 Public interest

8.13 Defamation proceedings

8.14 Notice to admit facts

8.15 Judgment on admission of facts

8.16 Contents of discovery order

8.17 Discovery orders to be made at case management conferences

8.18 Default terms of discovery order

8.19 Solicitor’s obligations on discovery

8.20 Affidavit of documents

8.21 Schedule appended to affidavit of documents

8.22 Variation of discovery order

8.23 Inspection of document referred to in pleading or other document

8.24 Order for particular discovery against party after proceeding commenced

8.25 Order to discover particular documents before proceeding commenced

8.26 Order for particular discovery against non-party after proceeding commenced

8.27 Expenses

8.28 Incorrect affidavit of documents to be amended

8.29 Where process impeded by discovery of irrelevant documents

8.30 Who may swear affidavit of documents

8.31 Challenge to privilege or confidentiality claim

8.32 Crown documents and public interest

8.33 Inspection of documents

8.34 Order facilitating inspection

8.35 Cost of production by non-party

8.36 Right to make copies

8.37 Effect of failure to include document

8.38 Admission of documents discovered

8.39 Notice to produce documents or things

8.40 Notice to admit authenticity of documents

8.41 Restricted effect of admission

8.42 Contempt of court

9.1 Scope of briefs regime

9.2 Service by plaintiff of briefs

9.3 Service by other parties of briefs of evidence in chief

9.4 Requirements in relation to briefs

9.5 Supplementary briefs

9.6 Evidence in chief at trial

9.7 Oral evidence in chief generally not permissible

9.8 References to briefs not given in evidence

9.9 Cross-examination in relation to briefs not given in evidence

9.10 Privilege and admissibility not affected by briefs

9.11 Cross-examination duties

9.12 Exchange of indexes of documents intended for hearing

9.13 Bundle of documents for hearing to be prepared and filed

9.14 Consequences of incorporating document in common bundle

9.15 Consequence of not incorporating document in common bundle

9.16 Plaintiff’s synopsis of opening and chronology

9.17 Order for examination of witness or for letters of request

9.18 Security for costs for taking evidence outside New Zealand

9.19 Documents for examiner

9.20 Procedure for examination before examiner

9.21 Examination of additional persons

9.22 Objection to question

9.23 Form of report

9.24 Depositions as evidence

9.25 Letters of request where convention exists

9.26 Issue of letters of request

9.27 Agents of parties

9.28 Consequences of non-compliance with undertaking as to expenses

9.29 Application by Solicitor-General on letters of request from abroad

9.30 Order for medical examination

9.31 Report

9.32 Service of report

9.33 Evidence of medical practitioner when medical examination ordered

9.34 Order for inspection, etc

9.35 Notice of application

9.36 Appointment of court expert

9.37 Submission of question to court expert

9.38 Report of court expert

9.39 Experiments and tests

9.40 Cross-examination of court expert

9.41 Remuneration of court expert

9.42 Calling of expert witnesses

9.43 Expert witness to comply with code of conduct

9.44 Court may direct conference of expert witnesses

9.45 Status of joint witness statement by expert witnesses

9.46 Evidence of expert witnesses at trial

9.47 Right to preserve evidence

9.48 Procedures in which the Crown may have interest

9.49 Examination of witness

9.50 Subsequent admissibility

9.51 Evidence to be given orally

9.52 Issue of subpoenas

9.53 Service of subpoena

9.54 Evidence of person in custody

9.55 Affidavit evidence by agreement

9.56 Affidavit evidence under order of court

9.57 Agreed statement of facts

9.58 Interpretation

9.59 Issue of subpoenas by High Court for service in Australia

9.60 Leave to serve New Zealand subpoena on witness in Australia

9.61 Service of subpoena on witness in Australia

9.62 Application to set aside New Zealand subpoena

9.63 Service of documents on applicant

9.64 Hearing of application

9.65 Failure to comply with subpoena

9.66 Transmission of documents or things to Australian Court

9.67 Evidence and submissions by video link and telephone conference

9.68 Application of rules 9.69 to 9.74

9.69 Time for filing plaintiff’s affidavits

9.70 Time for filing defendant’s affidavits

9.71 Time for filing affidavits in reply

9.72 Use of affidavits

9.73 Swearing of affidavits

9.74 Cross-examination of person who has sworn affidavit

9.75 Person refusing to make affidavit

9.76 Form and contents of affidavits

9.77 Exhibits to affidavits

9.78 Interlineation, alteration, or erasure in affidavit

9.79 Irregularity in form of affidavit

9.80 Service copies of affidavits

9.81 Affidavit may be sworn on Sunday

9.82 Affidavits made on behalf of corporation

9.83 Affidavit by 2 or more persons

9.84 Affidavit by blind or illiterate person

9.85 Authority to take affidavits in New Zealand

9.86 Authority to take affidavits in places outside New Zealand

9.87 Meaning of authenticated deposition

9.88 Admissibility of authenticated deposition

9.89 Application of other rules

10.1 Venue and changing it

10.2 Adjournment of trial

10.3 Method of trial

10.4 Court may order separate trials

10.5 Existence or accuracy of record

10.6 When neither party appears

10.7 When only plaintiff appears

10.8 When only defendant appears

10.9 Judgment following non-appearance may be set aside

10.10 When both parties appear

10.11 When proceeding tried with jury

10.12 When order may be made

10.13 Application of rule 10.12

10.14 Definition of question

10.15 Orders for decision

10.16 Removal into Court of Appeal

10.17 Agreed result

10.18 Record, etc, of decision

10.19 Disposal of proceeding if proceeding substantially affected by decision of question

10.20 Form and contents of case

10.21 Insufficient case or disputed facts or documents

10.22 Counsel assisting

11.1 Interpretation

11.2 Types of judgment

11.3 How judgment given

11.4 Time judgment given

11.5 Delivery time of written judgment

11.6 Form of judgment

11.7 Duplicate judgments

11.8 Death or incapacity of Judge before judgment

11.9 Recalling judgment

11.10 Correction of accidental slip or omission

11.11 Judgments to be sealed, dated, and served

11.12 When judgment takes effect

11.13 Steps before judgment sealed

11.14 Registrar’s role on receipt of judgment

11.15 Judgment after proceeding tried with jury

11.16 Leave to apply to set aside judgment

11.17 Judgment not in accordance with verdict

11.18 Application for judgment on special verdict or subject to special case

11.19 Application for judgment by both parties

11.20 Conduct of proceedings after judgment

11.21 Applying for dismissal because of inactivity

11.22 Judgment directing sale of property

11.23 Judgment for balance of claim over counterclaim

11.24 Judgment for balance of counterclaim

11.25 Cross judgments

11.26 Judgment if third party defends

11.27 Interest on judgment debt

11.28 Satisfaction of judgment

12.1 Application of summary judgment procedure

12.2 Judgment when there is no defence or when no cause of action can succeed

12.3 Summary judgment on liability

12.4 Interlocutory application for summary judgment

12.5 Service out of New Zealand

12.6 Requirements as to notice of proceeding

12.7 Time for service

12.8 Postponement of hearing

12.9 Notice of opposition and affidavit in answer

12.10 Statement of defence

12.11 Affidavits in reply

12.12 Disposal of application

12.13 Time for filing statement of defence on dismissal of plaintiff’s application

12.14 Setting aside judgment

12.15 Discontinuance

12.16 Application to counterclaims and claims against third parties

13.1 Interpretation

13.2 Application of Part

13.3 Defendants

13.4 Affidavit in support

13.5 Service

13.6 Time for filing statement of defence

13.7 Power of court to make unlawful occupiers defendants

13.8 Judgment for possession

13.9 Possession order

14.1 Costs at discretion of court

14.2 Principles applying to determination of costs

14.3 Categorisation of proceedings

14.4 Appropriate daily recovery rates

14.5 Determination of reasonable time

14.6 Increased costs and indemnity costs

14.7 Refusal of, or reduction in, costs

14.8 Costs on interlocutory applications

14.9 Costs may be determined by different Judge or Associate Judge

14.10 Written offers without prejudice except as to costs

14.11 Effect on costs

14.12 Disbursements

14.13 Proceedings within jurisdiction of District Court

14.14 Joint and several liability for costs

14.15 Defendants defending separately

14.16 Claim and counterclaim both established

14.17 Set-off if costs allowed to both parties

14.18 Appointment to tax costs

14.19 Taxation of disbursements

14.20 No charge allowed for bill of costs

14.21 Registrar sole judge of questions of fact

14.22 Direction to Registrar to ascertain expenses

14.23 Review of taxation

796 Interpretation

797 Application of this Part

798 Application of other rules and practice of Court

799 Petitions

800 Service of petition

801 Advertisement of petition

802 Respondent must file notice

803 Security by deposit of money

804 Registrar of Court may withdraw money deposited as security

805 Security by bond

806 Petitioner must list objections to votes

807 Respondent must list objections to petition

808 Inspection and supply of lists

809 Notice of time and place appointed for trial of petition under section 236 of the Act

810 Notice of intention to apply for leave to withdraw petition under section 252 of the Act

811 Form of application for leave to withdraw petition

812 Time and place of hearing of application for leave to withdraw petition

813 Application to be substituted as a petitioner

814 Notice of abatement of petition under section 255(3) of the Act

815 Application to be substituted as petitioner on abatement

816 Notice of respondent's death or loss of seat before trial of petition under section 256(1)(a) or (c) of the Act

817 Notice of intention not to oppose petition under section 256(1)(b) of the Act

818 Notice of application to be admitted as respondent to oppose petition

15.1 Dismissing or staying all or part of proceeding

15.2 Dismissal for want of prosecution

15.3 Application where appearance

15.4 Affidavits to be filed

15.5 When several causes of action

15.6 When several defendants

15.7 Liquidated demand

15.8 Land

15.9 Chattels

15.10 Unliquidated demand

15.11 Evidence on trial

15.12 Other proceedings

15.13 Judgment may be set aside or varied

15.14 Overseas service cases

15.15 Judgment on admission of facts

15.16 Admission of cause of action

15.17 Admission of defence

15.18 Interpretation

15.19 Right to discontinue proceeding

15.20 Restrictions on right to discontinue proceeding

15.21 Effect of discontinuance

15.22 Court may set discontinuance aside

15.23 Costs

15.24 Restriction on subsequent proceedings

15.25 Certain remedies not affected

16.1 Interpretation

16.2 Orders for accounts and inquiries

16.3 Directions

16.4 Summary order for accounts

16.5 Mutual accounts

16.6 Account-taker

16.7 Direction as to evidence

16.8 Remuneration of accountant

16.9 Form and verification of account

16.10 Filing and service of account

16.11 Notice of receipt that is not admitted

16.12 Notice of error

16.13 Admission of items

16.14 Appointment and notice for taking accounts

16.15 Parties to attend account hearing

16.16 Adjournment of account hearing

16.17 Power of summary decision

16.18 Examination of accounting party

16.19 Production of documents

16.20 Interest on debts of deceased person

16.21 Interest on legacies

16.22 Accounting and estimates

16.23 Directions for inquiries

16.24 Powers of persons taking accounts or making inquiries

16.25 Duty of persons summoned to attend

16.26 Time for proving claims

16.27 Statement of claim to be filed

16.28 Failure to claim within time

16.29 Result to be certified

16.30 Party may ask for court’s decision

16.31 Certificate when approved to be signed by Judge

16.32 Effect of certificate when filed

16.33 Distribution before all persons entitled are ascertained

16.34 Payment of share carried over to separate trust account

17.1 Interpretation

17.2 Method of enforcing orders

17.3 Method of enforcing judgments

17.4 No excessive recovery

17.5 No enforcement against the Crown

17.6 Enforcement by or against non-parties

17.7 Enforcement against partners or alleged partners

17.8 Issuing enforcement process as of right

17.9 When leave to issue enforcement process necessary

17.10 Notice to liable party to complete financial statement

17.11 Interpretation

17.12 Order for examination

17.13 Service of order for examination

17.14 Examining party’s affidavit

17.15 Procedure for examination

17.16 Adjournment of hearing

17.17 Orders by court

17.18 Failure to comply with order for examination

17.19 Certification of breach of arrest order

17.20 Discharge of arrest order

17.21 Enforcement process to conform with judgment

17.22 Preparation and issue of enforcement processes

17.23 Date of enforcement process

17.24 Currency and renewal of enforcement processes (except for charging orders)

17.25 Expenses of enforcement

17.26 Concurrent enforcement processes

17.27 Return of enforcement process

17.28 Reissue of enforcement process

17.29 Stay of enforcement

17.30 Enforcement process may be set aside

17.31 Interpretation

17.32 Effect of attachment order

17.33 When attachment order may be issued

17.34 Attachment order to be served on employer

17.35 Priority of attachment order

17.36 Protected earnings amount

17.37 Liability of employer

17.38 Attachment orders in State services

17.39 Variation, suspension, and discharge of attachment orders

17.40 Effect of charging order

17.41 Leave to issue charging order

17.42 Issue of charging order without leave after judgment

17.43 Charging order where amount involved small

17.44 Application for relief by persons prejudicially affected

17.45 Claim of third party on property charged

17.46 Apportionment when more than 1 charging order

17.47 Charging order for land final when issued

17.48 Registration of charging order under Land Transfer Act 1952

17.49 Registration of charging order not under Land Transfer Act 1952

17.50 Sale before registration of charging order

17.51 Discharge of land from charging order

17.52 Lapse of charging order after 2 years

17.53 Personal property may be charged

17.54 Interim charging order in first instance

17.55 Effect of interim charging order

17.56 Liability of persons breaching interim charging order

17.57 Money may be paid into court

17.58 Court may order sale of property affected

17.59 Application to make final charging order after judgment

17.60 Execution after charging order made final

17.61 Discharge of person served with order

17.62 Effect of sale order

17.63 When sale order may be issued

17.64 Execution for less than full amount of judgment

17.65 Recovery of money owing on cheques and other securities

17.66 Discharge of person paying on cheque or other security

17.67 Disposal of proceeds

17.68 Not necessary to seize land

17.69 Moving seized chattels

17.70 Place of sale

17.71 Advertising of notice of sale

17.72 Service of notice of sale on liable party

17.73 Contents of notice of sale

17.74 Method and conditions of sale

17.75 Powers of enforcing officer in relation to sale by auction

17.76 Power of enforcing officer to seize title deeds

17.77 Order of sale of land and chattels

17.78 Power of liable party or mortgagee to give directions concerning sale of land

17.79 Transfers, etc, to purchaser

17.80 Effect of possession order

17.81 When possession order may be issued

17.82 Combined sale and possession order

17.83 Effect of arrest order

17.84 Power to issue arrest order

17.85 Power to commit to prison for disobedience

17.86 Effect of sequestration order

17.87 Power to issue sequestration order

17.88 Arrest of absconding debtor

17.89 Process for order to arrest and imprison defendant

17.90 Security by absconding debtor

17.91 Orders about security

17.92 Discharge on payment

18.1 Types of proceedings

18.2 Limited application of this Part to proceedings under Property (Relationships) Act 1976

18.3 This Part subject to rules under other Acts

18.4 Commencement of proceedings

18.5 Naming of defendants in cases involving deceased estates or trusts

18.6 Persons served by direction of court need not be named as defendant

18.7 Applications for directions as to service

18.8 Orders giving directions as to service

18.9 Proceeding without service

18.10 Time for serving claimant’s affidavit in proceedings under Family Protection Act 1955

18.11 Time for serving affidavit in support of appearance

18.12 Statement of defence to be filed

18.13 Joining in proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949

18.14 Joinder of claims and consolidation

18.15 Evidence generally by agreed statement of facts or affidavit

19.1 Meaning of originating application

19.2 Applications under certain enactments

19.3 Application of this Part to certain kinds of proceeding

19.4 Certain directions may be sought by originating application

19.5 Court may permit proceeding to be commenced by originating application

19.6 Certain proceedings must be commenced by interlocutory application

19.7 Commencement of proceeding

19.8 Memorandum relating to filing and address for service

19.9 Heading of documents

19.10 Application of rules relating to interlocutory applications

19.11 Directions as to parties and conduct of applications

19.12 Originating applications relating to certain proceedings under Companies Act 1993

19.13 Evidence

19.14 Cross-examination of person making affidavit

20.1 Application of this Part

20.2 Interpretation

20.3 Application for leave to appeal to court

20.4 Time for appeal if there is right of appeal

20.5 Commencement of periods in rules 20.3 and 20.4

20.6 When appeal brought

20.7 Power to dispense with service

20.8 Filing notice of appeal

20.9 Contents of notice of appeal

20.10 Stay of proceedings

20.11 Cross-appeal

20.12 Dismissal or stay or abandonment of appeal or cross-appeal

20.13 Security for appeal

20.14 Order for transcript of evidence

20.15 Report by decision-maker

20.16 Further evidence

20.17 Decision-maker entitled to be heard on appeal

20.18 Appeal is rehearing

20.19 Powers of court on appeal

20.20 Repayment of judgment sum and interest

20.21 Registrar to notify result of appeal

20.22 Applications for leave

21.1 Application

21.2 Some rules in Part 20 apply

21.3 Interpretation

21.4 Method of commencing appeal or reference

21.5 Time for appeal

21.6 Notice of appeal

21.7 Place for filing notice

21.8 Lodging of draft case stated

21.9 Contents of case

21.10 Order for transcription of evidence

21.11 When case deemed to be stated

21.12 Power to amend case

21.13 Security for costs

21.14 Determination of questions

22.1 Interpretation

22.2 Appointment

22.3 Nominating scientific adviser and settling questions and instructions

22.4 Report

22.5 Cross-examination

22.6 Experiment or test

22.7 Further or supplementary report

22.8 Remuneration

22.9 Application of subpart to application under section 39

22.10 Notifying Commissioner

22.11 Advertisement

22.12 Right to be heard

22.13 Time for making application

22.14 Service of notice of interlocutory application

22.15 Duty of court to give directions

22.16 Procedure when amendment allowed

22.17 Application by originating application

22.18 Respondent begins proceeding

22.19 Particulars if validity of patent disputed

22.20 Particulars if want of novelty alleged

22.21 Service of notice on Solicitor-General

22.22 Particulars supplied by plaintiff

22.23 Particulars supplied by defendant

22.24 Evidence restricted to particulars delivered

22.25 Amendment of particulars

22.26 Application of Part 20

22.27 Method and time of bringing appeal

22.28 Contents of notice of appeal

22.29 Grounds of appeal

22.30 Service of notice of appeal

22.31 Commissioner to transmit papers

22.32 Contentions raised by respondent

22.33 Respondent’s notice

22.34 Appeal by way of rehearing

22.35 Proceeding heard and determined in public

22.36 Documentary evidence

22.37 Cross-examination of witnesses

22.38 Costs

23.1 Scope and interpretation

23.2 Application of other Parts

23.3 Subpart subject to Orders in Council

23.4 Method of application for registration

23.5 Title and content of application

23.6 Place of filing

23.7 Supporting affidavits

23.8 Copy judgment and translation

23.9 Judicial notice of authentication of judgment

23.10 Evidence of exchange rates and interest

23.11 Evidence of right to registration

23.12 Further evidence

23.13 Registration of part of judgment

23.14 Security for costs

23.15 Order for registration

23.16 Method of registration

23.17 Date of registration

23.18 Notice of registration

23.19 Contents of notice of registration

23.20 Application to set aside registration

23.21 Determination of certain questions

23.22 Enforcement of judgments

23.23 Form of enforcement process

23.24 Method of application

23.25 Issue of certified copy

23.26 Interpretation

23.27 Scope

23.28 Application of other Parts

23.29 Method of application

23.30 Title of proceeding

23.31 Place of filing

23.32 Evidence of exchange rates and interest

23.33 Method of registration

23.34 Notice of registration

23.35 Contents of notice of registration

23.36 Service of copy of judgment, order, or injunction

23.37 Copy of judgment, order, or injunction to be filed if facsimile produced

23.38 Application to set aside registration or for stay of enforcement

24.1 Interpretation

24.2 Application of Part

24.3 Application of general rules and practice of court

24.4 Forms

24.5 General requirements of documents filed in court

24.6 Advertising of notices or proceedings

24.7 Discretion of court as to method of taking evidence

24.8 Issue of bankruptcy notice

24.9 Service of bankruptcy notice in New Zealand

24.10 Setting aside bankruptcy notice

24.11 Application for adjudication by creditor

24.12 Verification of creditor’s application

24.13 Where application for adjudication to be filed

24.14 Registrar to fix hearing date for creditor’s application

24.15 Court may alter hearing date for creditor’s application

24.16 Service of creditor’s application on debtor

24.17 Service of creditor’s application on trustee or supervisor

24.18 Debtor’s notice of intention to oppose adjudication

24.19 Affidavit evidence of applicant creditor

24.20 Applicant creditor’s solicitor’s certificate as to unpaid debt

24.21 Death of debtor against whom application filed

24.22 Applicant to deposit sum for Official Assignee’s expenses

24.23 Official Assignee may seek additional sum where original deposit insufficient

24.24 Notification of order appointing Official Assignee as receiver and manager

24.25 Repayment of deposits after order of adjudication

24.26 Dismissal of application after order appointing Official Assignee as manager and receiver

24.27 Application for order under section 147

24.28 Official Assignee’s report

24.29 Official Assignee to notify employer, etc, about proposed assignment or charge

24.30 Official Assignee to serve order of assignment, etc

24.31 Application for order approving composition

24.32 Notice to Official Assignee of application to approve composition

24.33 Notice of application to approve composition

24.34 Official Assignee to account when composition approved

24.35 Applications by Official Assignee for cancellation of irregular transactions or retransfer of property or payment of value

24.36 Filing and service of objection to discharge

24.37 Service, etc, of notice of application for discharge

24.38 Report of Official Assignee

24.39 Opposition by creditor to discharge

24.40 Conditions affecting salary, etc, after order of discharge

24.41 Annulment of adjudication to be advertised

24.42 Proposal and statement of affairs and affidavit

24.43 Trustee’s report on proposal

24.44 Application for order to administer under Part 6 of Act

24.45 Application by creditor or beneficiary

24.46 Duty of Registrar when order made

24.47 Duty of administrator when order made

24.48 Person who has intermeddled in estate may be ordered to give particulars

24.49 Administration election

24.50 Applications to vary or discharge order or decision of Registrar or District Court Judge

24.51 Appeals to Court of Appeal

24.52 Applications to court by Official Assignee

24.53 Official Assignee’s liability for costs

24.54 Filing decisions of District Court

24.55 Interpretation

24.56 Applications for recognition of foreign proceedings

24.57 Other procedural requirements

24.58 Relief after recognition

24.59 Modification or termination

24.60 Appointment of administrator under section 239L of Companies Act 1993

24.61 Applications in course of administration

24.62 Proper registry of court

25.1 Interpretation

25.2 Scope of this Part

25.3 Application of other rules and practice of court

25.4 Parties can apply for directions if procedure not prescribed

25.5 Form of application

25.6 Action in personam or in rem, or both, started by notice of proceeding

25.7 Notice of proceeding for action in personam

25.8 Notice of proceeding for action in rem

25.9 Notice of proceeding for action both in rem and in personam

25.10 How to serve notice of proceeding in action in rem on ship, cargo, or other property

25.11 Other provisions about service in action in rem

25.12 Defendant must enter appearance

25.13 Content of memorandum

25.14 Time limits for entering appearance

25.15 Provisions about filing

25.16 Service of memorandum

25.17 Defendant may apply for orders

25.18 Solicitor’s undertaking

25.19 Substituted defendants, third parties, and interveners

25.20 Statement of claim

25.21 Statement of defence

25.22 Meaning of preliminary act

25.23 Preliminary acts to be filed in collision cases

25.24 Proceedings against party in default where other party fails to lodge preliminary act

25.25 Actions for limitation of liability

25.26 Plaintiff must apply to court within 5 working days

25.27 Protection against other parties

25.28 Order limiting plaintiff’s liability

25.29 Who may seek judgment by default in action in personam

25.30 Default in filing and service of statement of claim

25.31 Third parties

25.32 Application for judgment by default in action in rem

25.33 Judgment by default in action in rem

25.34 Application for warrant of arrest of property

25.35 Issue of warrant of arrest

25.36 Service of warrant

25.37 Currency of warrant

25.38 Notice of arrest of property

25.39 No Crown indemnity required

25.40 Contempt to move ship under arrest

25.41 Application for directions concerning property under arrest

25.42 Request for caveat against arrest of property

25.43 Entry of caveat

25.44 Request for instrument of release

25.45 Issue of release

25.46 Caveat against release and payment

25.47 Discharge of cargo under arrest from ships not under arrest and of cargo not under arrest

25.48 Security

25.49 Payment out of court

25.50 Interveners

25.51 Appraisement and sale of property

25.52 Determination of priority of claims where court orders sale of ship

25.53 Inspection of ship, etc

25.54 Consent orders

25.55 Registrar may seek court’s assistance

25.56 Parties may seek review of Registrar’s decision

26.1 Interpretation

26.2 Application

26.3 Originating application to commence appeal

26.4 Affidavit to be filed in support

26.5 Service

26.6 Amending appeal grounds

26.7 Notice of opposition to application

26.8 Cross-appeal

26.9 Record of arbitration

26.10 Service and filing of record

26.11 Transcript of evidence

26.12 Service and filing of transcript

26.13 Hearing of appeal

26.14 Leave to appeal to Court of Appeal

26.15 Applications for leave to appeal

26.16 Submissions

26.17 Granting leave

26.18 Refusing leave

26.19 Applying to Court of Appeal for leave to appeal

26.20 Entry of judgment if all parties agree

26.21 Entry of judgment in other cases

26.22 Application for entry of award as judgment

26.23 Affidavit to be filed in support

26.24 Service

26.25 Entry as judgment without notice in exceptional circumstances

26.26 Entry as judgment if defendant takes no steps

26.27 Opposition to entry as judgment

27.1 Wills and intestacies to which this Part applies

27.2 Interpretation

27.3 Kinds of applications for grants

27.4 Applications without notice

27.5 Restrictions if possibly invalid will exists

27.6 Applications in solemn form

27.7 Respondents and additional parties

27.8 Compromises

27.9 Pleadings

27.10 Where application is filed

27.11 Where caveat is lodged

27.12 Evidence of death

27.13 Sale of perishable property

27.14 Registrars may make some orders

27.15 Application of rules 27.16 to 27.28

27.16 Evidence as to execution

27.17 Valid execution

27.18 Doubt as to will-maker’s understanding

27.19 Doubt as to originality of signature

27.20 Doubt as to date

27.21 Changes

27.22 Revocations or revivals by other document

27.23 Revocation

27.24 Duplicate wills

27.25 Circumstances in which grant may be made

27.26 Priority of potential administrators for purposes of rule 27.25

27.27 Proving entitlement to grant

27.28 Grant while executor is minor

27.29 Time for making grant

27.30 Grants to attorneys

27.31 Common or solemn form

27.32 Inventory and account filed by administrator

27.33 Administration of overseas assets

27.34 Recall of grant

27.35 Order of priority for grant in case of intestacy

27.36 Justification of entitlement to grant

27.37 Form of application for commission

27.38 Affidavit in support

27.39 Documents to be filed and verified

27.40 Power to adopt previous accounts

27.41 Power to refer matter to Registrar for inquiry

27.42 Notice of inquiry by Registrar

27.43 Evidence before Registrar

27.44 Costs

27.45 Power to dispense with rules

28.1 Interpretation

28.2 Commencement of New Zealand proceedings

28.3 Registry of court in which proceedings to be commenced

28.4 Issue of subpoenas for service in Australia

28.5 Service of subpoena

28.6 Subpoenas for production

28.7 Setting aside subpoena issued in New Zealand proceeding

28.8 Failure to comply with subpoena in New Zealand proceeding

28.9 Payment of additional amounts to persons complying with subpoena in New Zealand proceeding

28.10 Transmission of documents to Federal Court

28.11 Certification of judgments, orders, and injunctions in New Zealand proceedings

28.12 Evidence and submissions by video link and telephone conference

29.1 Interpretation

29.2 Application of this Part

29.3 Entry on commercial list by endorsement

29.4 Entry on commercial list by order

29.5 Entry on commercial list of appeals against determinations of Commerce Commission

29.6 Entry on commercial list of applications for directions by liquidators or receivers

29.7 Documents to be served on and filed and served by defendant

29.8 Heading of documents

29.9 Interlocutory applications

29.10 Application for directions

29.11 Response to application for directions

29.12 Hearing of application for directions

29.13 Removal from list

29.14 Proceedings in other registries

29.15 Memorandum that decision will be final

29.16 Additional powers of commercial list Judge

29.17 Disputes concerning construction

29.18 Form of documents

30.1 Crown Proceedings Act 1950 not affected

30.2 Interpretation

30.3 Procedure

30.4 Interim orders

31.1 Application

31.2 Hearing of applications

31.3 Applications to be made by statement of claim

31.4 Proper registry of court

31.5 Notice of proceeding and verifying affidavit

31.6 Date of hearing

31.7 Exclusion of rules relating to setting down

31.8 Directions

31.9 Advertisement of application

31.10 Restriction on advertising of proceeding

31.11 Power to stay liquidation proceedings

31.12 Service of proceeding

31.13 Affidavit of service

31.14 Evidence of advertising

31.15 Entitlement to copy of statement of claim, etc

31.16 Statement of defence

31.17 Time for filing statement of defence

31.18 Appearance

31.19 Time for filing appearance

31.20 Effect of failure to file statement of defence or appearance

31.21 Evidence as to unpaid debts

31.22 Interlocutory applications

31.23 Power to appoint interim liquidator

31.24 Additional and substituted plaintiffs in liquidation proceeding

31.25 Consolidation of proceedings

31.26 Discontinuance of proceeding

31.27 Requirements in relation to order appointing interim liquidator

31.28 Costs, charges, and expenses of interim liquidator and Official Assignee

31.29 Obligation to send notice of order appointing liquidator or interim liquidator of company

31.30 Order and copies to be sealed

31.31 Contents of order putting company into liquidation

31.32 Transmission of order putting company into liquidation

31.33 Service of order made under section 174 of Companies Act 1993

31.34 Service of notice to officer executing process that company being put into liquidation

31.35 Procedure in respect of miscellaneous applications

31.36 Applications involving allegations of fraud, negligence, misfeasance, or similar behaviour

31.37 Liquidator’s notice to set aside voidable transaction or voidable charge

31.38 Proper registry of court

31.39 Transitional provision for companies registered under the Companies Act 1955

32.1 Interpretation

32.2 Freezing order

32.3 Ancillary order

32.4 Respondent need not be party to proceeding

32.5 Order against judgment debtor or prospective judgment debtor or third party

32.6 Form and further terms of freezing order

32.7 Duration of freezing order

32.8 Discharge or variation of freezing order

32.9 Jurisdiction

32.10 Costs

33.1 Interpretation

33.2 Search order

33.3 Requirements for grant of search order

33.4 Restriction on entrants

33.5 Applicant’s undertaking and duty

33.6 Terms of search order

33.7 Independent solicitors

33.8 Review of search

33.9 Costs