New Zealand Legislation: Acts
Acts are laws made by Parliament
Schedule | s 7 |
Schedule 2 |
3.8 Search of documents relating to application for administration or recall under Administration Act 1969
4.43 Liability of former litigation guardian for costs subsequently awarded against incapacitated person
18.13 Joining in proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949
Schedule 1 | r 1.3(3) |
| Contents | ||
| General forms | ||
| Page | ||
| G 1 | General heading for documents filed in proceeding | 530 |
| G 2 | Notice of proceeding | 531 |
| G 3 | Memorandum (general form) | 532 |
| G 4 | Memorandum to be endorsed on form G 2 in proceeding under Declaratory Judgments Act 1908 | 534 |
| G 5 | Memorandum to be endorsed on form G 2 in proceeding under Family Protection Act 1955 | 537 |
| G 6 | Notice to defendant served overseas | 541 |
| G 7 | Appearance under protest to jurisdiction | 543 |
| G 8 | Appearance for ancillary purpose | 544 |
| G 9 | Appearance reserving rights | 545 |
| G 10 | Memorandum to be attached to first document filed by party | 546 |
| G 11 | Memorandum as to change of representation and/or address for service | 548 |
| G 12 | Notice of intention to speak Māori | 549 |
| G 13 | Notice of proceeding when summary judgment sought by plaintiff | 551 |
| G 14 | Third party notice | 556 |
| G 15 | Notice to other defendant | 558 |
| G 16 | Affidavit of service | 559 |
| G 17 | Service of foreign process in New Zealand—Registrar’s certificate | 561 |
| G 18 | Request for service abroad | 562 |
| G 19 | Report of examiner | 563 |
| G 20 | Subpoena to give evidence in New Zealand proceeding for service in Australia | 565 |
| G 21 | Subpoena for production only issued in New Zealand proceeding for service in Australia | 566 |
| G 22 | Statement of rights and obligations of person served in Australia with subpoena in Trans-Tasman Competition Proceedings | 568 |
| G 23 | Certificate of non-compliance with subpoena issued in New Zealand proceeding for service in Australia | 570 |
| G 24 | Notice of discontinuance | 571 |
| G 25 | Subpoena | 572 |
| G 26 | Subpoena to give evidence for service in Australia | 574 |
| G 27 | Subpoena for production only for service in Australia | 575 |
| G 28 | Statement of rights and obligations of person served in Australia with subpoena under Evidence Act 2006 | 576 |
| G 29 | Certificate of non-compliance with subpoena for service in Australia | 580 |
| G 30 | Application for registration of foreign judgment under Reciprocal Enforcement of Judgments Act 1934 | 581 |
| G 31 | Interlocutory application on notice | 583 |
| G 32 | Interlocutory application without notice | 584 |
| G 33 | Notice of opposition | 585 |
| G 34 | Interlocutory order | 586 |
| G 35 | Notice to answer interrogatories | 587 |
| G 36 | Notice to admit facts | 588 |
| G 37 | Affidavit of documents | 589 |
| G 38 | Freezing order | 592 |
| G 39 | Search order | 595 |
| J 1 | Judgment by default in case of liquidated demand | 597 |
| J 2 | Judgment by default in proceeding for recovery of land | 598 |
| J 3 | Judgment on trial by Judge | 599 |
| J 4 | Judgment on trial by jury | 600 |
| E 1 | Notice to liable party | 601 |
| E 2 | Statement of means of liable party | 603 |
| E 3 | Attachment order | 608 |
| E 4 | Charging order on land | 610 |
| E 5 | Interim charging order | 611 |
| E 6 | Final charging order | 612 |
| E 7 | Sale order | 613 |
| E 8 | Possession order | 615 |
| E 9 | Arrest order | 616 |
| E 10 | Sequestration order | 617 |
| E 11 | Order to arrest and imprison absconding debtor | 618 |
| E 12 | Order to arrest and imprison absconding debtor (in civil proceedings for penalty) when necessary to prove material prejudice | 619 |
| CL 1 | Commercial list | 620 |
| CL 2 | Appearance in proceeding entered on commercial list | 622 |
| CL 3 | Notice of proceeding (being application to commercial list Judge) under section 24C(4) of Judicature Act 1908 | 623 |
| PR 1 | Affidavit for obtaining grant of probate | 625 |
| PR 2 | Affidavit for obtaining grant of letters of administration with will annexed | 631 |
| PR 3 | Affidavit for obtaining grant of administration on intestacy to surviving spouse, civil union partner, or de facto partner | 638 |
| PR 4 | Affidavit for obtaining grant of administration on intestacy to daughter or son of deceased | 644 |
| PR 5 | Affidavit for obtaining grant of administration on intestacy to parent of deceased | 650 |
| PR 6 | Affidavit for obtaining grant of administration on intestacy to brother or sister of deceased | 655 |
| PR 7 | Probate in common form | 661 |
| PR 8 | Letters of administration with will annexed | 663 |
| PR 9 | Letters of administration on intestacy | 665 |
| PR 10 | Caveat | 666 |
| PR 11 | Exemplification of probate or letters of administration | 667 |
| PR 12 | Affidavit of valid execution | 669 |
| AD 1 | General heading for action in personam | 672 |
| AD 2 | Notice of proceeding in personam | 673 |
| AD 3 | General heading for action in rem | 675 |
| AD 4 | Notice of proceeding in rem | 676 |
| AD 5 | Notice of proceeding both in rem and in personam | 678 |
| AD 6 | Memorandum of appearance | 681 |
| AD 7 | Application for warrant of arrest | 683 |
| AD 8 | Indemnity to Registrar | 684 |
| AD 9 | Warrant of arrest | 685 |
| AD 10 | Notice by Registrar of arrest of property | 686 |
| AD 11 | Request for caveat against arrest | 687 |
| AD 12 | Release from arrest | 688 |
| AD 13 | Bail bond | 689 |
| AD 14 | Request for caveat against release and payment | 690 |
| AD 15 | Request for commission for appraisement and sale | 691 |
| AD 16 | Commission for appraisement and sale | 692 |
| AD 17 | Notice for priority of claims on sale | 693 |
| Arb 1 | Appeal under Arbitration Act 1996 | 694 |
| Arb 2 | Notice for leave to appeal under Arbitration Act 1996 | 696 |
| Arb 3 | Application to enter award as judgment | 699 |
| C 1 | Statement of claim in proceeding for putting company into liquidation | 700 |
| C 2 | Statement of claim in proceeding for order under section 174 of Companies Act 1993 | 701 |
| C 3 | Notice of proceeding for putting company into liquidation or for order under section 174 of Companies Act 1993 | 703 |
| C 4 | Verifying affidavit | 707 |
| C 5 | Affidavit verifying statement of claim of limited company | 708 |
| C 6 | Advertisement of application for putting company into liquidation | 709 |
| C 7 | Advertisement of application for order under section 174 of Companies Act 1993 | 710 |
| C 8 | Affidavit of service | 711 |
| C 9 | Appearance in support of (or in opposition to) application for putting company into liquidation (or for making of order under section 174 of Companies Act 1993) | 712 |
| C 10 | Notification to liquidator of order putting company into liquidation | 713 |
| C 11 | Notification to interim liquidator of appointment | 714 |
| C 12 | Order putting company into liquidation | 715 |
| C 13 | Order appointing interim liquidator | 716 |
| C 14 | General heading for notices in forms C 15 and C 16 | 717 |
| C 15 | Notice to set aside voidable transaction under Companies Act 1993 | 718 |
| C 16 | Notice to set aside voidable charge under Companies Act 1993 | 720 |
| B 1 | Request for issue of bankruptcy notice | 722 |
| B 2 | Bankruptcy notice | 723 |
| B 3 | Creditor's application for adjudication order | 725 |
| B 4 | Affidavit supporting creditor’s application for adjudication | 726 |
| B 5 | Summons to debtor | 727 |
| B 6 | Notice by debtor of intention to oppose application | 729 |
| B 7 | Warrant to search for and seize bankrupt’s property under section 150 or 151 of Insolvency Act 2006 | 730 |
| B 8 | Notice of objection to discharge | 731 |
| B 9 | Proposal by insolvent to creditors under subpart 2 of Part 5 of Insolvency Act 2006 | 732 |
| B 10 | Statement of affairs and affidavit | 734 |
| B 11 | Report of trustee on proposal | 735 |
| B 12 | Account of assets, debts, etc, of deceased person verified by affidavit | 737 |
| B 13 | Certificate by Public Trust or Māori Trustee of election to administer under Part 6 of Insolvency Act 2006 | 739 |
| B 14 | Originating application to cancel irregular transaction under section 206 of Insolvency Act 2006 | 741 |
| B 15 | Originating application to order retransfer of property or payment of value under section 207 of Insolvency Act 2006 | 743 |
The High Court Rules forms are templates you can use to prepare a document for a proceeding in the High Court.
The forms are grouped as follows:
general forms (G 1, G 2, etc) are those that the High Court Rules require, or authorise to be used, in a standard High Court proceeding:
judgment forms (J 1, J 2, etc) are those used when entering a formal judgment on the court record:
enforcement forms (E 1, E 2, etc) are those used when a judgment is being enforced:
commercial list forms (CL 1, CL 2, etc) are those used when proceedings are on, or are to be transferred to, the commercial list (Auckland registry only):
probate forms (PR 1, PR 2, etc) are those used in connection with applications for probate or administration:
admiralty forms (AD 1, AD 2, etc) are those used in the High Court’s admiralty jurisdiction over ships and cargo:
arbitration forms (Arb 1, Arb 2, etc) are those used when the High Court’s jurisdiction is invoked in relation to an arbitration:
company forms (C 1, C 2, etc) are those used in relation to a company’s liquidation:
bankruptcy forms (B 1, B 2, etc) are those used when a person is being adjudicated bankrupt, and in the administration of the bankrupt estate.
Before preparing a form, check whether a High Court Rule applies. The relevant rule number appears at the top of each form. If a rule applies, comply with it.
use the general heading as set out in form G 1 at the beginning of each document or any modified heading indicated:
replace text in [square brackets] with the relevant text:
when alternative statements are provided (statement A, statement B, etc), select the relevant statement or statements that apply and omit the others:
if required, renumber the numbered paragraphs so that the final document is numbered sequentially:
remove all instructions (always in italics) in the documents filed in the High Court or served on other parties—this includes instructions within square brackets, footnotes, and statement labels (statement A, statement B, etc).
The High Court Rules specify requirements for the presentation of forms. In particular, you should refer to the following rules:
Rule 1.21: this rule states that you may vary a prescribed form as the circumstances of the particular case require:
Rules 5.2 to 5.16: these rules indicate how the completed forms should be formatted and how the content should be presented. This includes specifications for page size, margins, numbering of pages, and division of content into numbered paragraphs:
Rule 5.10: this rule prescribes the content and format of the cover sheet of a document. When filing your first document as a party in a proceeding, at the end of it you must set out a memorandum containing prescribed information (see rule 5.44 and form G 10).
Some documents, eg, affidavits, need to be solemnly verified. A form will indicate this by using the word “sworn”
at the end of the document. This kind of document must be verified before a person who is authorised to take oaths, such as a solicitor or a Justice of the Peace.
However, under the Oaths and Declarations Act 1957 you may affirm instead of swearing an oath. “Affirming”
means “solemnly, sincerely, and truly declaring and affirming”
the contents of a document.
If you choose to affirm, change “sworn”
to “affirmed”
where it occurs in the form.
Form G 1 | rr 5.11(2), 19.9(1) |
In the High Court of New Zealand
[Name of registry] Registry
No: [number of proceeding]
Under the [name of Act under which the proceeding is authorised]
In the matter of [specify matter to which proceeding relates]
Between [full name, place of residence, occupation]
(plaintiff)
And [full name, place of residence, occupation]
(defendant)
Between [full name, place of residence, occupation]
(defendant)
And [full name, place of residence, occupation]
(plaintiff)
And [full name, place of residence, occupation]
(counterclaim defendant)
Form G 2 | rr 5.23(2), 5.57(4) |
To complete this notice—
• complete and insert the heading as set out in form G 1:
• complete and attach the memorandum as set out in form G 3:
To the defendant/defendants* and any other person directed to be served
| *Select one. |
This document notifies you that unless, within 25 working days after the date on which you are served with this notice, you file in the registry of this court a statement of your defence to the plaintiff’s claim (a copy of which is served with this notice), the plaintiff may proceed to a hearing and judgment on the plaintiff’s claim in your absence.
If a trial of the proceeding is necessary, it will be held in this court at [place] at a time to be fixed by the court.
Signature:
(plaintiff/solicitor for plaintiff*)
| *Select one. |
Include the following paragraph (and signature block) if it applies, otherwise omit.
The court has directed that this notice and the statement of claim be served not only on the defendant/defendants* but also on the following persons: [full name, place of residence, and occupation of each person or entity directed to be served].
| *Select one. |
Date:
Signature:
(Registrar/Deputy Registrar*)
| *Select one. |
Note: Please carefully read the memorandum attached to this notice.
Form G 3 | r 5.23(4) |
1 Although you do not have to employ a solicitor for the purpose of this proceeding, it is recommended that you consult a solicitor about this matter immediately. However, a company or other corporation that wants to defend this proceeding or appear at any hearing must consult a solicitor immediately because—
(a) it can only carry on a proceeding in the court by a solicitor; and
(b) it cannot appear to conduct a proceeding except by counsel (unless there are exceptional circumstances).
2 If you cannot afford to meet the cost of the proceeding, you may be entitled to assistance under the Legal Services Act 2000 and regulations made under that Act.
3 For this paragraph select the statement that applies.
The plaintiff is in receipt of legal aid for the purpose of this proceeding.
The plaintiff is not in receipt of legal aid for the purpose of this proceeding.
The plaintiff has applied for legal aid for the purpose of this proceeding.
4 If the last day for filing your statement of defence falls on a day on which the registry of the court is closed, you may file your statement of defence on the next day on which that registry is open.
5 Omit this paragraph if it conflicts with a direction by the court.
In calculating the time for filing your statement of defence you must disregard the period that commences with 25 December and ends with 15 January.
6 If you file a statement of defence, you must serve a copy of it on the plaintiff and on any other defendant who has given an address for service. This must be done within the same period of time you have for filing the statement of defence.
7 If you have a counterclaim against the plaintiff, you must file a statement of that counterclaim in the registry of the court, and serve it on the plaintiff and on any other person against whom the same claim is made. This must be done within the same period of time you have for filing a statement of defence.
8 Summonses for the attendance of witnesses will be issued on application at the registry of the court.
9 The registry hours of the court are from 9 am to 5 pm, except on court holidays.
Date:
Signature:
(Registrar/Deputy Registrar*)
| *Select one. |
Form G 4 | r 5.23(4) |
1 Although you do not have to employ a solicitor for the purpose of this proceeding, it is recommended that you consult a solicitor about this matter immediately. However, a company or other corporation that wants to defend this proceeding or appear at any hearing must consult a solicitor immediately because—
(a) it can only carry on a proceeding in the court by a solicitor; and
(b) it cannot appear to conduct a proceeding except by counsel (unless there are exceptional circumstances).
2 If you cannot afford to meet the cost of the proceeding, you may be entitled to assistance under the Legal Services Act 2000 and regulations made under that Act.
3 For this paragraph select the statement that applies.
The plaintiff is in receipt of legal aid for the purpose of this proceeding.
The plaintiff is not in receipt of legal aid for the purpose of this proceeding.
The plaintiff has applied for legal aid for the purpose of this proceeding.
4 If the last day for filing your statement of defence falls on a day on which the registry of the court is closed, you may file your statement of defence on the next day on which that registry is open.
5 Omit this paragraph if it conflicts with a direction by the court.
In calculating the time for filing your statement of defence you must disregard the period that commences with 25 December and ends with 15 January.
6 If you file a statement of defence, you must serve a copy of it on the plaintiff and on any other defendant who has given an address for service. This must be done within the same period of time you have for filing the statement of defence.
7 If you object to the jurisdiction of the court to hear and determine this proceeding, you may file in the registry of the court an appearance stating your objection and the grounds for it instead of a statement of defence, and serve a copy of the appearance on the plaintiff and on any other defendant who has given an address for service. This must be done within the same period of time you have for filing a statement of defence.
8 An appearance is not treated as a submission to the jurisdiction of the court.
9 If you do not oppose the plaintiff’s claim but want to be heard on an ancillary matter (including costs), you may, without filing a statement of defence,—
(a) file an appearance stating the matters on which you want to be heard; and
(b) serve a copy of it on the plaintiff and on any other defendant who has given an address for service.
10 Those matters will not subsequently be determined except on notice to you.
11 If you do not oppose the plaintiff’s claim but want to reserve your rights in the event that another person becomes a party to the proceeding or that a party takes a step in the proceeding that is against your interests, you may, without filing a statement of defence,—
(a) file an appearance reserving those rights in the registry of the court; and
(b) serve a copy of it on the plaintiff and on any other defendant who has given an address for service.
12 Subsequently—
(a) you will be entitled to be served with all documents relevant to the reserved rights that may be filed in the proceeding by a person who is, or may become, a party; and
(b) with the leave of the court, you may file and serve a statement of defence and any other document within the time and on the terms and conditions prescribed by the court.
13 The registry hours of the court are from 9 am to 5 pm, except on court holidays.
Date:
Signature:
(Registrar/Deputy Registrar*)
| *Select one. |
Form G 5 | r 5.23(4) |
1 Although you do not have to employ a solicitor for the purpose of this proceeding it is recommended that you consult a solicitor about this matter immediately. However, a company or other corporation that wants to defend this proceeding or appear at any hearing must consult a solicitor immediately because—
(a) it can only carry on a proceeding in the court by a solicitor; and
(b) it cannot appear to conduct a proceeding except by counsel (unless there are exceptional circumstances).
2 If you cannot afford to meet the cost of the proceeding, you may be entitled to assistance under the Legal Services Act 2000 and regulations made under that Act.
3 For this paragraph select the statement that applies.
The plaintiff is in receipt of legal aid for the purpose of this proceeding.
The plaintiff is not in receipt of legal aid for the purpose of this proceeding.
The plaintiff has applied for legal aid for the purpose of this proceeding.
4 If the last day for filing your statement of defence falls on a day on which the registry of the court is closed, you may file your statement of defence on the next day on which that registry is open.
5 Omit this paragraph if it conflicts with a direction by the court.
In calculating the time for filing your statement of defence you must disregard the period that commences with 25 December and ends with 15 January.
6 If you file a statement of defence, you must serve a copy of it on the plaintiff and on any other defendant who has given an address for service. This must be done within the same period of time you have for filing the statement of defence.
7 If you object to the jurisdiction of the court to hear and determine this proceeding, you may file in the registry of the court an appearance stating your objection and the grounds for it instead of a statement of defence, and serve a copy of the appearance on the plaintiff and on any other defendant who has given an address for service. This must be done within the same period of time you have for filing a statement of defence.
8 An appearance is not treated as a submission to the jurisdiction of the court.
9 If you do not oppose the plaintiff’s claim but want to be heard on an ancillary matter (including costs), you may, without filing a statement of defence,—
(a) file an appearance stating the matters on which you want to be heard; and
(b) serve a copy of it on the plaintiff and on any other defendant who has given an address for service.
10 Those matters will not subsequently be determined except on notice to you.
11 If you do not oppose the plaintiff’s claim but want to reserve your rights in the event that another person becomes a party to the proceeding or that a party takes a step in the proceeding that is against your interests, you may, without filing a statement of defence,—
(a) file an appearance reserving those rights in the registry of the court; and
(b) serve a copy of it on the plaintiff and on any other defendant who has given an address for service.
12 Subsequently—
(a) you will be entitled to be served with all documents relevant to the reserved rights that may be filed in the proceeding by a person who is, or may become, a party; and
(b) with the leave of the court, you may file and serve a statement of defence and any other document within the time and on the terms and conditions prescribed by the court.
13 If you want to make a claim under the Family Protection Act 1955 to provide for yourself out of the estate of the deceased, you must file a statement of claim setting out your claim and supporting facts, and serve a copy of it on—
(a) the plaintiff; and
(b) the defendant; and
(c) any other person (other than yourself) directed to be served with the plaintiff’s proceeding.
This must be done within the same period of time you have for filing a statement of defence.
14 The registry hours of the court are from 9 am to 5 pm, except on court holidays.
Date:
Signature:
(Registrar/Deputy Registrar*)
| *Select one. |
Form G 6 | r 6.31 |
Since you are resident outside New Zealand you are further notified that—
1 The plaintiff has commenced a proceeding against you in the High Court of New Zealand, claiming the relief specified in the attached statement of claim.
2 Although you are resident outside New Zealand, the plaintiff claims that this proceeding can be brought against you in the High Court of New Zealand.
3 By New Zealand law, the High Court may exercise jurisdiction in certain classes of case even though the defendant is resident outside New Zealand.
4 [Specify particular provision(s) of rule 6.27 on which the plaintiff relies to serve the proceeding overseas.]
5 In this case the plaintiff claims: [specify facts alleged by the plaintiff to confer jurisdiction].
6 Even though the court has jurisdiction to hear and determine this proceeding, it may decline to do so if it is satisfied—
(a) that in all the circumstances a country other than New Zealand is the most appropriate country in which the matters in dispute in the proceeding should be determined; and
(b) that the plaintiff will have a fair opportunity to prove the plaintiff’s claim and receive justice in that other country.
7 If you want to dispute the jurisdiction of the court, you must, within the time specified for filing a statement of defence, and instead of filing and serving a statement of defence,—
(a) file an appearance in this court, in the form required by the rules of this court, stating your objection to the court’s jurisdiction and the grounds for it; and
(b) serve a copy of it on the plaintiff.
The appearance is not treated as a submission to the jurisdiction of the court.
8 If you want to dispute the jurisdiction of the High Court or to defend the plaintiff’s claim, you should either directly, or through a qualified legal adviser in the place where you are, send written authority (by fax or email) to a solicitor in New Zealand to act for you.
Date:
Signature:
(Registrar/Deputy Registrar*)
| *Select one. |
Form G 7 | rr 5.52, 29.7 |
1 The defendant, [name], appears under protest to object to the jurisdiction of the court to hear and determine this proceeding.
2 The defendant’s objection is based on the following grounds: [specify grounds].
Date:
Signature:
(solicitor/counsel* for defendant)
| *Select one. |
Form G 8 | rr 5.52, 29.7 |
The defendant, [name], does not oppose the plaintiff’s claim but appears in order to be heard on the following matters: [specify matters].
Date:
Signature:
(solicitor/counsel* for defendant)
| *Select one. |
Form G 9 | rr 5.52, 29.7 |
The defendant, [name], does not oppose the plaintiff’s claim but appears in order to reserve the defendant’s rights in the event that another person becomes a party to this proceeding, or that a party takes a step in the proceeding that is against the defendant’s interests.
Date:
Signature:
(solicitor/counsel* for defendant)
| *Select one. |
Form G 10 | rr 5.44, 19.8(2) |
Select the statement that applies.
Statement A
This document is filed by the plaintiff/defendant/third party* in person. The address for service of the plaintiff/defendant/third party* is [address].
| *Select one. |
Statement B
This document is filed by [full name], solicitor for the plaintiff/defendant/third party*, of the firm [full name]. The address for service of the plaintiff/defendant/third party* is [address].
| *Select one. |
Documents for service on the filing party may be left at that address for service or may be—
(a) posted to the solicitor at [post office box address]; or
(b) left for the solicitor at a document exchange for direction to [document exchange box number]; or
(c) transmitted to the solicitor by fax to [fax number]; or
(d) Omit this paragraph if email service will not be accepted.
emailed to the solicitor at [email address].
Statement C
This document is filed by [full name], solicitor for the plaintiff/defendant/third party*, of the firm [full name], whose postal address is [address]. The address for service of the plaintiff/defendant/third party* is [address].
| *Select one. |
The solicitor’s agent in the proceeding is [full name].
Documents for service on the party may be left at that address for service or may be—
(a) posted to the solicitor at [post office box address]; or
(b) left for the solicitor at a document exchange for direction to [document exchange box number]; or
(c) transmitted to the solicitor by fax to [fax number]; or
(d) Omit this paragraph if email service will not be accepted.
emailed to the solicitor at [email address].
Form G 11 | r 5.40(8) |
To the Registrar of the High Court at [place]
and
To [name of other party or parties to proceeding]
1 For this paragraph select the statement that applies.
The solicitor for the plaintiff/defendant/third party* is now [name and address of solicitor and solicitor’s firm, if any].
| *Select one. |
The plaintiff/defendant/third party* now acts in person in place of [name and address of previous solicitor and solicitor’s firm, if any].
| *Select one. |
2 The address for service of the plaintiff/defendant/third party* is now [address complying with definition of address for service in rule 1.3].
| *Select one. |
Date:
Signature*:
(plaintiff/defendant/third party†)
| *If this document notifies a change of solicitor, it must be signed by the party personally or by the party’s solicitor. |
| †Select one. |
Form G 12 | r 1.11(4) |
To the Registrar of the High Court at [place]
and
To [names of parties to be served]
This document notifies you that [full name and address of party, counsel, or witness] intends to speak Māori at—
Select the statement that applies.
Statement A
all case management conferences and hearings relating to the above proceeding.
all case management conferences and hearings relating to the above proceeding held after [specify particular case management conference or hearing after which the person wishes to speak Māori].
the case management conference/the hearing relating to the above proceeding* to be held at [specify details of particular case management conference or hearing at which the person wishes to speak Māori].
| *Select one. |
Date:
Signature:
(signature of party/solicitor/person intending to speak Māori*)
| *Select one. |
1 The Maori Language Act 1987 entitles the following persons to speak Māori in legal proceedings: the parties to the proceedings, witnesses, counsel, and, with the leave of the court, other persons.
2 If a person intends to speak Māori at all case management conferences and hearings relating to a proceeding or application, the person (or, if the person is a witness, the party intending to call the person as a witness) must, at least 10 working days before the first case management conference or hearing, file this notice in the registry of the court and serve a copy of the notice on every other party to the proceeding or application.
3 If a person intends to speak Māori at all case management conferences and hearings after a particular case management conference or hearing, the person (or, if the person is a witness, the party intending to call the person as a witness) must, at least 10 working days before the first case management conference or hearing at which the person intends to speak Māori, file this notice in the registry of the court and serve a copy of the notice on every other party to the proceeding or application.
4 If a person intends to speak Māori at a particular case management conference or hearing, the person (or, if the person is a witness, the party intending to call the person as a witness) must, at least 10 working days before the case management conference or hearing, file this notice in the registry of the court and serve a copy of the notice on every other party to the proceeding or application.
5 Failure to give notice of intention to speak Māori does not prevent a person speaking Māori at a case management conference or hearing, but the court may—
(a) adjourn the conference or hearing to enable the Registrar to arrange for an interpreter to be available at the adjourned case management conference or hearing; and
(b) treat the failure to give notice as a relevant consideration in an award of costs.
Form G 13 | r 12.4(4) |
To the defendant/defendants*
| *Select one. |
(a) a claim, a copy of which is served with this document, has been filed by the plaintiff; and
(b) the plaintiff has also applied to this court for immediate judgment against you (on that claim or, if judgment is not sought on the full claim, to the extent stated in the notice of application for summary judgment also served with this document) on the ground that you have no defence (to the plaintiff’s claim or to the plaintiff’s claim to the extent stated in the application).
1 If you have a defence to the plaintiff’s claim, you should, not less than 3 working days before the date of hearing shown in the notice of application for summary judgment (also served with this document),—
(a) file in the court registry at [place]—
(i) a notice of opposition; and
(ii) an affidavit sworn by you or on your behalf setting out your defence; and
(b) serve a copy of that notice of opposition and a copy of that affidavit on the plaintiff.
2 The court may give whatever judgment on the plaintiff’s claim against you is thought just if you fail—
(a) to file both a notice of opposition and an affidavit, and to serve copies of them on the plaintiff; and
(b) to appear on the date of hearing in opposition to the plaintiff’s application.
3 If you are a natural person, you may appear personally at the hearing or by counsel.
4 If you are a company or other corporation, you may appear only by counsel at the hearing.
5 You may, in addition to filing a notice of opposition and an affidavit, file a statement of defence.
6 If you want to file a statement of defence,—
(a) you must file it in the registry of the court in which your notice of opposition and your affidavit were filed; and
(b) you must serve a copy of it on the plaintiff; and
(c) you must both file and serve it not less than 3 working days before the date of hearing.
Date:
Signature:
(plaintiff/solicitor for plaintiff*)
| *Select one. |
Note: Please carefully read the memorandum attached to this notice.
1 Although you do not have to employ a solicitor for the purpose of this application, it is recommended that you consult a solicitor about this matter immediately. However, a company or other corporation that wants to oppose this application or appear at any hearing must consult a solicitor immediately because—
(a) it can only carry on proceedings in the court by a solicitor; and
(b) it cannot appear to conduct a proceeding except by counsel (unless there are exceptional circumstances).
2 If you cannot afford to meet the cost of the proceeding, you may be entitled to assistance under the Legal Services Act 2000 and regulations made under that Act.
3 For this paragraph select the statement that applies.
The plaintiff is in receipt of legal aid for the purpose of this proceeding.
The plaintiff is not in receipt of legal aid for the purpose of this proceeding.
The plaintiff has applied for legal aid for the purpose of this proceeding.
4 If you object to the jurisdiction of the court to hear and determine this proceeding, you may, within the time allowed for filing your notice of opposition and your affidavit,—
(a) file in the registry of the court, instead of a notice of opposition and an affidavit, an appearance stating your objection and the grounds for it; and
(b) serve a copy of the appearance on the plaintiff.
5 Such an appearance will not be treated as a submission to the jurisdiction of the court.
6 The registry hours of the court are from 9 am to 5 pm, except on court holidays.
7 Working day means any day of the week other than—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and
(b) a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
Date:
Signature:
(Registrar/Deputy Registrar*)
| *Select one. |
Add the following notice if the defendant is to be served overseas.
Since you are resident outside New Zealand you are further notified that—
1 The plaintiff has commenced a proceeding against you in the High Court of New Zealand, claiming the relief specified in the attached statement of claim.
2 Although you are resident outside New Zealand, the plaintiff claims that the plaintiff can bring this proceeding against you in the High Court of New Zealand.
3 By New Zealand law, the High Court may exercise jurisdiction in certain classes of case even though the defendant is resident outside New Zealand.
4 [Specify particular provision(s) of rule 6.27 on which the plaintiff relies to serve the proceeding overseas.]
5 In this case the plaintiff claims: [specify facts alleged by the plaintiff to confer jurisdiction].
6 Even though the court has jurisdiction to hear and decide this proceeding, it may decline to do so if it is satisfied that—
(a) in all the circumstances a country other than New Zealand is the most appropriate country in which the matters in dispute in the proceeding should be decided; and
(b) the plaintiff will have a fair opportunity to prove the plaintiff’s claim and receive justice in that other country.
7 If you want to dispute the jurisdiction of the High Court or to defend the plaintiff’s claim, you should either directly, or through a qualified legal adviser in the place where you are, send authority to a solicitor in New Zealand by airmail instructing that solicitor to act for you.
Date:
Signature:
(Registrar/Deputy Registrar*)
| *Select one. |
Form G 14 | r 4.10(2) |
To [full name, address, occupation]
1 This proceeding has been brought by the plaintiff against the defendant, in which the plaintiff claims the relief set out in the plaintiff’s statement of claim (copy attached). The defendant has/has not* filed a statement of defence to the claim.
| *Select one. |
A copy of that statement of defence is served with this document.
2 The defendant claims relief or a remedy against you in respect of, or arising out of, the plaintiff’s claim. That relief or remedy and the grounds on which it is claimed are set out in the defendant’s statement of claim (copy attached).
3 Yes. If you want to dispute the plaintiff’s claim against the defendant or the defendant’s claim against you, you must, within 22 working days after the day on which you are served with this notice,—
(a) file in the registry of this court at [place] a statement of your defence to the plaintiff’s claim or the defendant’s claim, or both, as the case may be; and
(b) serve a copy of that statement of defence on the plaintiff and the defendant and on the other parties to the proceeding.
4 If you do not dispute the claims—
(a) you will be treated as having admitted—
(i) the plaintiff’s claim against the defendant; and
(ii) the defendant’s right to the relief or remedy that the defendant claims against you; and
(iii) the validity of any judgment that may be given in the proceeding, whether by consent, default, or otherwise; and
(b) you will be bound by any judgment given, which may be enforced against you under the rules of court.
5 The trial of the proceeding, if a trial is necessary, will take place at [place] at a time to be fixed by the court.
This notice is issued under an order of the court made on [date].
Date:
Signature:
(defendant/solicitor for the defendant*)
| *Select one. |
Form G 15 | r 4.21(1) |
To the [specify which defendant, eg, second, third, etc] defendant, [full name]
1 The [specify which defendant] defendant, [name], claims the relief or remedy against you set out in the attached statement of claim. The grounds for claiming the relief or remedy are also set out in the statement of claim.
2 If you dispute the claim, you must, within 8 working days after the day on which you are served with this notice,—
(a) file in this registry of the court a statement of your defence to the claim; and
(b) serve a copy of that statement of defence on—
(i) the claiming defendant, [full name]; and
(ii) the plaintiff; and
(iii) any other party who has filed an address for service.
Date:
Signature:
(defendant/solicitor for defendant*)
| *Select one. |
Form G 16 | r 6.10 |
I, [full name, place of residence, occupation], swear—
1 On [day, date], I served the [party as described in the heading], [full name], with the following documents:
[List each document served, eg, statement of claim and notice of proceeding. If, under rule 6.10, a copy of a served document is not attached to the affidavit, the description of the document—
(a) must be sufficient to enable the document to be identified; and
(b) must include the date of the document (if the document bears a date)].
2 I served the documents on the [party as described in the heading] at [place] in New Zealand by [specify how documents were delivered, eg, personally].
3 I believe it was the [defendant or other party as described in the heading] that I served because—
the defendant/[party]* acknowledged that he/she* is the defendant.
| *Select one. |
I know the defendant/[party]*.
| *Select one. |
[Specify any other reason.]
4 Omit this paragraph if it does not apply.
True copies of the documents served are attached to this affidavit and marked “A”
and “B”
.
Signature of deponent:
Sworn at: [place, date]
Before me: [name, signature]
(a solicitor of the High Court of New Zealand/Registrar/Deputy Registrar*)
| *Select one. |
Form G 17 | r 6.25 |
1 I, [full name], Registrar of the High Court of New Zealand, at [place], certify that the documents attached to this certificate are—
(a) the original letter of request for service of process received from [name of foreign court or tribunal] at [place where foreign court or tribunal sits] in [name of foreign country], in the matter of [specify matter pending before foreign court or tribunal]; and
(b) the copy of the process/citation* received with the letter of request; and
(c) the evidence of service on [full name of entity or person named in letter of request].
| *Select one. |
2 For this paragraph select the statement that applies.
I certify that the service that has been proved and its proof comply with the law and practice of the High Court of New Zealand regulating t
