New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 1 November 2009
(SR 1992/109)
District Courts Rules 1992: revoked, on 1 November 2009, by rule 17.1 of the District Courts Rules 2009 (SR 2009/257).
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
These rules are administered in the Department of Justice.
PURSUANT to the District Courts Act 1947, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, hereby makes the following rules.
Offices, holidays, and office hours
Shape, etc, of documents to be filed
26 [Revoked]
27 [Revoked]
Solicitor's authority to file and sign documents
Taxation of costs inter partes
92 Representation of incapacitated person by litigation guardian to be disregarded in making award of costs
94 Liability of former litigation guardian for costs subsequently awarded against incapacitated person
100 Power of next friend, guardian ad litem, or manager to sign documents or swear affidavits [Revoked]
Change of parties by death, etc
Service of statement of claim and notice of proceeding
Statement of defence and appearance
Summary proceeding for recovery of land
Third and subsequent party notices
Recovery of specific property subject to lien
211 [Revoked]
212 [Revoked]
213 [Revoked]
228 Personal service on minors [Revoked]
229 Personal service on person whose property is managed under Protection of Personal and Property Rights Act 1988
Change of venue after proceeding commenced
Transfer from a District Court to the High Court
Transfer from the High Court to a District Court
267 Contents of notice of opposition [Revoked]
Evidence on interlocutory application
Discovery and inspection of documents
Inspection and testing of property
Interim preservation, etc, of property
356 Payment of a sum of money into Court [Revoked]
357 Time of payment into Court [Revoked]
358 Notice of payment [Revoked]
361 Acceptance and payment out [Revoked]
364 Refund in event of non-acceptance [Revoked]
365 Restrictions on payment out [Revoked]
370 Offer of contribution [Revoked]
371 Amendment of notice of payment [Revoked]
373 Counterclaim [Revoked]
374 Payments to be made to solicitor [Revoked]
General provisions affecting accounts and inquiries
Separate decision of questions
Setting down and fixtures for hearing
443 Naming of defendants [Revoked]
446 Joining in proceedings under the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949 [Revoked]
447 Joinder of claims and consolidation [Revoked]
449 Time for serving claimant's affidavit in certain proceedings under Family Protection Act 1955 [Revoked]
Transfer of proceeding or hearing
Availability of records for criminal proceedings
Entry of land to enforce removal orders
Review of adjudicator's determination in respect of owner who is not respondent
Enforcement of adjudicator's determination
Evidence in trans-tasman proceedings
Procedure when evidence given by affidavit
Charging orders affecting land in name of judgment debtor
Charging orders affecting other property
Miscellaneous provisions relating to charging orders
(1) These rules may be cited as the District Courts Rules 1992.
(2) These rules shall come into force on the 1st day of July 1992.
(1) These rules shall apply to—
(a) Any civil proceedings taken in a District Court under the District Courts Act 1947; and
(b) Unless otherwise provided in any Act or rules, any other civil proceedings taken in any District Court or before any Judge.
(1A) These rules do not apply to proceedings to which the Family Courts Rules 2002 apply, namely—
(a) proceedings in Family Courts; or
(b) proceedings in District Courts acting—
(i) under section 151 of the Children, Young Persons, and Their Families Act 1989; or
(ii) under section 15 of the Family Courts Act 1980.
(2) If in any civil proceedings any question arises as to the application of any provision of these rules, the Court may, either on the application of any party, or of its own motion, determine the question, and give such directions as it thinks fit.
Compare: SR 1948/197 r 4; High Court Rules, r 2(4)
Subclause (1A) was inserted, as from 3 February 2003, by rule 3 District Courts Amendment Rules (No 3) 2002 (SR 2002/394).
(1) In these rules, unless the context otherwise requires,—
Act means, except in Parts 6A to 6D, the District Courts Act 1947
The Act: this definition was amended, as from 1 May 1998, by rule 2 District Courts Amendment Rules 1998 (SR 1998/63) by inserting the words “, except in Part 6A,”
.
The Act: this definition was amended, as from 1 May 1998, by rule 2(1) District Courts Amendment Rules (No 2) 1998 (SR 1998/73) by inserting the words “and in Part 6B”
.
The Act: this definition was substituted, as from 1 February 2005, by rule 3 District Courts Amendment Rules (No 2) 2004 (SR 2004/467).
Address for service, in relation to any party, means the address of a place in New Zealand at which any document may be left for, or sent to, that party in accordance with these rules
Chattels includes all things not being land
Christmas vacation means the period specified in rule 17(b); and includes any subsequent day if—
(a) The office of the Court is closed on that day pursuant to an order made under rule 19; or
(b) That day is a Saturday or a Sunday:
Civil proceedings, in relation to the Crown, has the same meaning as in the Crown Proceedings Act 1950
Court means a District Court; and includes a District Court Judge
Court holiday means a day that is a holiday under rule 17
The Crown has the same meaning as in the Crown Proceedings Act 1950
Defendant means a person served or intended to be served with any proceeding
Document means a document in any form whether signed or initialled or otherwise authenticated by its maker or not; and includes—
(a) Any writing on any material:
(b) Any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:
(c) Any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
(d) Any book, map, plan, graph, or drawing:
(e) Any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced:
To file, in relation to any document, means to lodge the document in the form required by these rules in the proper Court, together with the fee (if any) payable for filing the same; and filing has a corresponding meaning
Interlocutory application—
(a) Means any application to the Court in any proceeding or intended proceeding for an order or a direction relating to a matter of procedure or for some relief ancillary to that claimed in a pleading; and
(b) Includes—
(i) An application for a rehearing; and
(ii) An application to review an order made, or a direction given, on any interlocutory application:
Land includes any estate, right, title, or interest in land
mentally disordered person means a person who is mentally disordered within the meaning of section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992.
Mentally disordered person: the reference to the Mental Health (Compulsory Assessment and Treatment) Act 1992 (in the original definition) was substituted, as from 1 November 1992, for a reference to the Mental Health Act 1969 pursuant to section 137(1) Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).
Mentally disordered person: this definition was substituted, as from 1 March 2001, by rule 3 District Courts Amendment Rules (No 2) 2000 (SR 2000/282).
Maori means a person of the Maori race of New Zealand; and includes any descendant of such a person
Nearer or nearest, in relation to any place, means nearer or nearest by the most practicable route
Notice of proceeding means a notice filed pursuant to rule 126
Opposite party means, in relation to any party, any other party whose interests are opposed to those of that party
Plaintiff means the person by whom or on whose behalf a proceeding is brought
Pleading includes a statement of claim, a statement of defence, a reply, and a counterclaim
Proceeding means any application to the Court for the exercise of the civil jurisdiction of the Court other than an interlocutory application
Working day means, except in Part 6B, 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 the 25th day of December in any year and ending with the 2nd day of January in the following year.
Working day: this definition was amended, as from 1 May 1998, by rule 2(2) District Courts Amendment Rules (No 2) 1998 (SR 1998/73) by inserting the words “, except in Part 6B,”
.
(2) Where any work or expression in any rule or form in these rules is not defined in these rules but is defined in an Act dealing with the subject-matter of that rule or form, that work or expression shall, unless the context otherwise requires, bear in that rule or form the meaning given to it by that Act.
(3) In these rules, unless the context otherwise requires,—
(a) A reference to a Part or rule is a reference to a Part or rule of these rules:
(b) A reference in a rule to a subclause is a reference to a subclause of that rule:
(c) A reference to a numbered form is a reference to the form so numbered in Schedule 1 to these rules:
(d) A reference to a proceeding for the recovery of land or chattels shall be construed as including a proceeding against the Crown for an order declaring that the plaintiff is entitled as against the Crown to the land or chattels or to the possession thereof.
(4) In a judgment, order, direction, or other document forming part of a proceeding or of an interlocutory application, unless the context otherwise requires,—
month means a calendar month
working day has the same meaning as in subclause (1) or as in rule 461ZN.
Compare: SR 1948/197 r 5; SR 1952/242 r 2; SR 1980/55 r 4(2); High Court Rules, r 3
Subclause (4) was substituted, as from 1 June 2006, by rule 4 District Courts Amendment Rules 2006 (SR 2006/97). See rule 14 of those rules as to the transitional provision relating to costs.
These rules shall be so construed as to secure the just, speedy, and inexpensive determination of any proceeding or interlocutory application.
Compare: SR 1948/197 r 6; High Court Rules, r 4
(1) Where, in beginning or purporting to begin any proceeding or at any stage in the course of or in connection with any proceeding there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form, or content or in any other respect, the failure—
(a) Shall be treated as an irregularity; and
(b) Shall not nullify—
(i) The proceeding; or
(ii) Any step taken in the proceeding; or
(iii) Any document, judgment, or order in the proceeding.
(2) Subject to subclauses (3) and (4), the Court may, on the grounds that there has been such a failure as is mentioned in subclause (1), and on such terms as to costs or otherwise as it thinks just,—
(a) Set aside, either wholly or in part,—
(i) The proceeding in which the failure occurred; or
(ii) Any step taken in the proceeding in which the failure occurred; or
(iii) Any document, judgment, or order in the proceeding in which the failure occurred; or
(b) Exercise its powers under these rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceeding generally as it thinks fit.
(3) The Court shall not wholly set aside any proceeding or the originating process by which the proceeding was begun on the ground that the proceeding was required by these rules to be begun by an originating process other than the one employed.
(4) The Court shall not set aside any proceeding or any step taken in a proceeding or any document, judgment, or order in any proceeding on the ground of a failure to which subclause (1) applies on the application of any party unless the application is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
Compare: SR 1948/197 r 8; High Court Rules, r 5; SR 1990/66 r 3
(1) The Court or the Registrar may, in the discretion of the Court or Registrar, enlarge or abridge the time appointed by these rules, or fixed by any order, for doing any act or taking any proceeding or any step in a proceeding, on such terms (if any) as the Court or the Registrar thinks just.
(2) The Court or the Registrar may order an enlargement of time although the application for the enlargement of time is not made until after the expiration of the time appointed or fixed.
Compare: SR 1948/197 r 147; High Court Rules, r 6
Where, by these rules, any form is directed or authorised to be used, such variations may be made therein as the circumstances of any particular case may require, and such information may be added as is required for identification or other official purposes.
Compare: SR 1948/197 r 9(1); High Court Rules, r 7
Rule 7: amended, on 1 March 2008, by rule 4 of the District Courts Amendment Rules (No 2) 2007 (SR 2007/383).
(1) Where any party or intended party is in doubt regarding the joinder of any person as a party, or as to the proper Court in which to take any step in the proceeding, or as to any other matter of procedure under these rules, that party or intended party may apply ex parte to the Court for directions.
(2) Any step taken in accordance with the directions given on any application under subclause (1) shall be deemed to have been properly taken.
Compare: High Court Rules, r 8
If any case arises for which no form of procedure is prescribed by any Act or rule or regulation or by these rules, the Court shall dispose of the case as nearly as may be practicable in accordance with the provisions of the rules affecting any similar case or in accordance with the provisions of the High Court Rules, or, if there are no such provisions, in such manner as the Court thinks best calculated to promote the ends of justice.
Compare: SR 1948/197 r 7(2); High Court Rules, r 9
(1) Where, by these rules, the leave of the Court is required in any matter of procedure and all parties and persons to be affected thereby consent thereto, any party may, instead of filing an interlocutory application in respect thereof, file a memorandum signed by all such parties or persons, or by their respective solicitors, or by counsel or other person appointed under these rules to represent any such party or person, signifying such consent and the terms and conditions thereof.
(2) On the filing of a memorandum under subclause (1), the Registrar shall either—
(a) Make and seal an order in terms of the memorandum; or
(b) Refer the memorandum to a Judge.
(3) If the Registrar refers the memorandum to a Judge under subclause (2)(b), the memorandum shall be treated as an interlocutory application for the requisite leave.
Compare: High Court Rules, r 10
(1) The Court or the Registrar may, either before, at, or after the hearing of any proceeding, amend any defects and errors in the pleading or procedure in the proceeding, whether or not there is anything in writing to amend, and whether or not the defect or error is that of the party (if any) applying to amend.
(2) The Court may, at any stage of a proceeding, make, either of its own motion or on the application of any party to the proceeding, such amendments to any pleading or the procedure in the proceeding as are necessary for determining the real controversy between the parties.
(3) All amendments made under subclause (1) or subclause (2) shall be made with or without costs and on such terms as the Court thinks fit.
Compare: SR 1948/197 rr 164, 165; High Court Rules, r 11
Subclause 11(2) was substituted, as from 1 August 1995, by rule 2(1) District Courts Rules 1992, Amendment No 2 (SR 1995/130).
Subclause 11(3) was amended, as from 1 August 1995, by rule 2(2) District Courts Rules 1992, Amendment No 2 (SR 1995/130) by inserting the words “or subclause 2”
.
(1) If any judgment or order contains a clerical mistake or an error arising from any accidental slip or omission, whether the mistake, error, slip, or omission was made by an officer of the Court or not, or if any judgment or order is so drawn up as not to express what was actually decided and intended, the judgment or order may be corrected by the Court, or, where the judgment or order was made by a Registrar, then by the Registrar.
(2) The correction may be made by the Court or the Registrar, as the case may be, of its or his or her own motion or on an interlocutory application made for that purpose.
Compare: SR 1948/197 r 174; High Court Rules, r 12
(1) Where any provision of this rule or of rule 14 or rule 15 prescribes the method of reckoning any period of time, that period of time, if fixed by these rules or by any judgment, order, or direction or by any document in any proceeding, shall be reckoned in accordance with that provision.
(2) Where a time of one day or a longer time is to be reckoned by reference to a given day or event, the given day or the day of the given event shall not be counted.
(3) Nothing in this rule or in rule 14 or rule 15 affects the reckoning of any period of time fixed by the Limitation Act 1950 or any other statute or the application of the Acts Interpretation Act 1924 in relation to the Limitation Act 1950 or any other statute.
Compare: SR 1948/197 r 336; High Court Rules, r 13
(1) The period commencing on 25 December in 1 year and ending with the close of 15 January in the next year must be disregarded in calculating a period of time within which a particular act is to be done.
(2) A Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's Birthday, and Waitangi Day must be disregarded in calculating a period of time within which a particular act is to be done if the period of time is 6 days or less.
(3) Subclauses (1) and (2) are subject to an express provision in any Act or in these rules or to a direction of the Court.
Rule 14 was substituted, as from 1 October 2001, by rule 3 District Courts Amendment Rules 2001 (SR 2001/221).
Where the time for doing any act at an office of the Court expires on a day on which that office is closed, and by reason thereof that act cannot be done on that day, that act shall be in time if done on the next day on which that office is open.
Compare: SR 1948/197 r 336; High Court Rules, r 15
(1) For every Court there shall be an office for the transaction of business relating to proceedings in the Court.
(2) Every office shall be situated at such place as the Minister of the Crown who is responsible for the Department for Courts directs, and shall be in the charge of the Registrar.
(3) Where the same person is Registrar of two or more Courts, the Minister of the Crown who is responsible for the Department for Courts may direct that the office of one of those Courts shall also be the office of any other of those Courts.
Compare: SR 1948/197 r 10
Rule 16 was amended, as from 1 July 1995, by section 12(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Minister of the Crown who is responsible for the Department for Courts”
for the words “Minister of Justice”
.
Subject to the Holidays Act 2003, holidays shall be observed in the Court and in the offices of the Court on the following days:
(a) The days in the period beginning on Good Friday and ending with the close of the Monday following Easter:
(b) The days in the period beginning on the 25th day of December and ending with the close of the 2nd day of January in the following year:
(c) Saturdays and Sundays:
(d) The Sovereign's birthday:
(e) Anzac Day:
(f) Labour Day:
(g) Waitangi Day:
(h) The day observed as the anniversary of the province in which the Court is situated:
(i) In each place where an office of the Court is situated, any day which in that place is—
(i) A public holiday; or
(ii) A proclaimed holiday:
(j) Any days on which any office of the Court is closed pursuant to an order under rule 19.
Compare: SR 1948/197 r 12; High Court Rules, r 19
Rule 17 was amended, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129) by substituting the words “Holidays Act 2003”
for the words “Holidays Act 1981”
.
(1) The Court may lawfully sit on any Court holiday if, subject to subclause (2), any Judge considers it desirable to do so for the despatch of business.
(2) The Court may lawfully sit on a Sunday or on Christmas Day, New Year's Day, or Good Friday, only if, in the opinion of the Judge, the business to be despatched is extremely urgent.
(3) Where the Court sits pursuant to subclause (1) or subclause (2), it may,—
(a) For the purpose of the hearing or for the purpose of giving effect to the hearing, authorise the receipt or issue of any document complying with these rules:
(b) Authorise the service of any document received or issued pursuant to authority given under paragraph (a).
Compare: High Court Rules, r 21; SR 1990/66 r 4
(1) The Minister of the Crown who is responsible for the Department for Courts may by general or special order direct that any office may be closed on any day specified in the order.
(2) Notwithstanding rule 17, any office of the Court may from time to time be closed or opened by special order of a Judge.
(3) Where an order to close an office is made under subclause (2), the Registrar shall ensure that the order is advertised forthwith in such manner as the Judge directs.
Compare: SR 1948/197 rr 12, 13; High Court Rules, r 20
Subclause (1) was amended, as from 1 July 1995, by section 12(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Minister of the Crown who is responsible for the Department for Courts”
for the words “Minister of Justice”
.
(1) The office of the Court shall be open from 9 am to 5 pm on every day that is not a Court holiday.
(2) The Minister of the Crown who is responsible for the Department for Courts may from time to time authorise the closing of the office of any Court for 1 hour.
(3) Where the Registrar is Registrar of two or more Courts, or in any other special circumstances, the offices of those Courts shall be open on such days and at such times as the Minister of the Crown who is responsible for the Department for Courts may from time to time direct.
(4) A notice of the office hours shall be posted in some convenient place accessible to the public.
Compare: SR 1948/197 r 11; High Court Rules, r 22
Subclause (1) was amended, as from 1 March 2001, by rule 4 District Courts Amendment Rules (No 2) 2000 (SR 2000/282) by substituting the expression “8.30 am to 5 pm”
for the expression “9.30 am to 4 pm”
.
Subclause (1) was amended, as from 1 February 2003, by rule 3 District Courts Amendment Rules (No 4) 2002 (SR 2002/411), by substituting the expression “9 am to 5 pm”
for the expression “8.30 am to 5 pm”
.
Subclause (2) was amended, as from 1 July 1995, by section 12(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Minister of the Crown who is responsible for the Department for Courts”
for the words “Minister of Justice”
.
Subclause (4) was amended, as from 1 July 1995, by section 12(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Minister of the Crown who is responsible for the Department for Courts”
for the words “Minister of Justice”
.
(1) A document that does not comply with rules 22 to 35 shall be received for filing only by leave of a Judge or the Registrar.
(2) The cost of an application under subclause (1) shall be disallowed to the solicitor who presented the document for filing.
(3) Notwithstanding subclause (1), a document presented for filing by a party who is not represented by a solicitor may be received and corrected by the Registrar, with the consent of that party.
Compare: High Court Rules, r 23
Each sheet of paper shall be of International size A4.
Compare: High Court Rules, r 24
(1) Subject to subclause (2), a margin of at least one-quarter of the width of the paper shall be left on the left-hand side of each page.
(2) Where the reverse side of a page is used, a margin of at least one-quarter of the width of the paper shall be left on the right-hand side of that page.
Compare: High Court Rules, r 26
Rule 23 was substituted, as from 1 April 1996, by rule 2(1) District Courts Rules 1993, Amendment No 3 (SR 1995/319).
(1) The contents of each document shall be legible and shall be clearly typewritten, printed, handwritten, or produced in permanent form by photocopying.
(2) The signature on a document must comply with rule 25.
Compare: High Court Rules, r 25
Where a document is required to be signed—
(a) The signature shall be an original signature; and
(b) Immediately below the original signature, the name of the signatory shall be—
(i) Legibly typed, printed, or stamped; or
(ii) Legibly written in the style of printed matter.
Compare: High Court Rules, r 27; SR 1986/228 r 2
[Revoked]
Rule 26 was revoked, as from 1 April 1996, by rule 3(1) District Courts Rules 1992, Amendment No 3 (SR 1995/319).
[Revoked]
Rule 27 was revoked, as from 1 April 1996, by rule 4(1) District Courts Rules 1992, Amendment No 3 (SR 1995/319).
(1) The first sheet of a document is the cover sheet, showing the matters specified in rules 29 and 29A.
(2) The cover sheet is not numbered, even if the heading is continued on another sheet under rule 29A(2).
(3) Each page after the cover sheet must be numbered consecutively, starting with the number 1.
(4) All sheets of a document must be securely fastened together.
Rules 28 and 29 were substituted, as from 1 April 1996, by rule 5(1) District Courts Rules 1992, Amendment No 3 (SR 1995/319).
Rule 28 was substituted, as from 24 August 2007, by rule 4 District Courts Amendment Rules 2007 (SR 2007/205).
(1) Each document shall show on its cover sheet, immediately below the heading, a description of the document adequate to show its precise nature.
(2) The description shall include—
(a) Words indicating the party by whom or on whose behalf the document is filed; and
(b) The words “ex parte application”
in the case of an application so made.
Compare: SR 1948/197 r 9A; SR 1952/242 r 16(1); SR 1970/60 r 2; High Court Rules, r 32; SR 1986/228 r 3
Rules 28 and 29 were substituted, as from 1 April 1996, by rule 5(1) District Courts Rules 1992, Amendment No 3 (SR 1995/319).
Subclause (1) was amended, as from 24 August 2007, by rule 5 District Courts Amendment Rules 2007 (SR 2007/205) by substituting “cover sheet”
for “first page”
.
(1) The cover sheet of an originating document and of a notice of interlocutory application must—
(a) include only—
(i) the heading; and
(ii) the description of the document; and
(iii) if applicable, the next event date; and
(iv) if applicable, the name of the Judge to whom the proceeding has been assigned; and
(v) the subscription; and
(b) must leave ample space between the description of the document and the subscription for the inclusion of a minute.
(2) The heading may, where necessary, be continued on another sheet.
(3) In subclause (1)(a)(iii), next event date means, if allocated, the date and nature of a hearing or conference that is to be held next after the date on which the document is filed.
Compare: High Court Rules r 33
Rule 29A was inserted, as from 1 April 1996, by rule 5(1) District Courts Rules 1992, Amendment No 3 (SR 1995/319).
Rule 29A was substituted, as from 1 November 2004, by rule 3 District Courts Amendment Rules 2004 (SR 2004/321).
The heading to rule 29A was amended, as from 24 August 2007, by rule 6(1) District Courts Amendment Rules 2007 (SR 2007/205) by substituting “cover sheet”
for “first page”
.
Subclause (1) was amended, as from 24 August 2007, by rule 6(2) District Courts Amendment Rules 2007 (SR 2007/205) by substituting “cover sheet”
for “first page”
.
(1) Every statement of claim, and every counterclaim intended to be served upon any person other than the plaintiff, shall show on the first page—
(a) The number of the proceeding:
(b) The office of the Court in which it is filed:
(c) Where the statement of claim or counterclaim seeks relief in reliance on jurisdiction conferred by an Act, the Short Title of that Act:
(d) Where the relief sought in the statement of claim or counterclaim relates to the validity or interpretation of an instrument other than a will, the name of the maker of, or the names of the parties to, the instrument and its date:
(e) The full name and the place of residence and occupation, of every plaintiff and defendant, so far as they are known to the party presenting the document for filing.
Compare: SR 1948/197 r 9A; SR 1952/242 r 16(1); SR 1970/60 r 2; High Court Rules, r 36
The heading of every judgment and of every order (being an order that is required to be registered under any enactment) shall be the same as the heading on the statement of claim or other document by which the proceeding was commenced.
Compare: High Court Rules, r 36A; SR 1985/328 r 4; SR 1986/228 r 4
(1) The heading on every document (other than a document by which a proceeding is commenced or a document to which rule 31 applies) may be abbreviated in the following respects:
(a) First or Christian names of persons shall be denoted by initials only, unless full names are necessary to distinguish between persons having the same initials:
(b) Where two or more persons are joined in the same interest, the name of the first named only of such persons shall be set out, followed by the words “and another”
or “and others”
, as the case may be:
(c) Places of residence and descriptions of persons (unless necessary to distinguish two or more persons required to be named and bearing the same name) and indications of the interest in which a person is a party shall be omitted:
(d) The names of corporations shall be set out in full; but it is not necessary to state the fact of incorporation or refer to the registered office or make any other addition.
(2) Notwithstanding subclause (1), a fuller title may be used upon change of parties or if any party considers that a person has in a previous document been wrongly named or described or for other sufficient reason.
Compare: SR 1948/197 r 9A; SR 1952/242 r 16(1); High Court Rules, r 37; SR 1986/228 r 5(1)
Rule 32 was amended, as from 1 April 1996, by rule 6(1) District Courts Rules 1992, Amendment No 3 (SR 1995/319), by omitting the words “, and the backing of all documents,”
.
(1) Every document presented for filing shall be divided into paragraphs numbered consecutively.
(2) Each paragraph shall as nearly as may be, be confined to a single topic.
Compare: High Court Rules, r 38
Numbers shall be expressed in figures and not in words.
Compare: High Court Rules, r 39
(1) At the foot of the cover sheet of every document for filing, there shall be subscribed—
(a) The name of the solicitor or firm of solicitors (if any) presenting it for filing and the name of any agent by whom the document is filed; and
(b) Where the document is presented for filing by or on behalf of a solicitor or firm of solicitors—
(i) The name and telephone number of the principal or employee dealing with the proceeding; and
(ii) The address of any postal box or document exchange used by the solicitor or firm; and
(iii) Any facsimile number used by the solicitor or firm.
(2) The fact that the name of a solicitor or firm of solicitors is subscribed on a document shall be prima facie evidence that the document was filed by that solicitor or firm of solicitors.
Compare: High Court Rules, r 40; SR 1991/132 r 3(1)
Rule 35 was substituted, as from 1 April 1996, by rule 7(1) District Courts Rules 1992, Amendment No 3 (SR 1995/319).
The heading to rule 35 was amended, as from 24 August 2007, by rule 7(1) District Courts Amendment Rules 2007 (SR 2007/205) by substituting “cover sheet”
for “first page”
.
Subclause (1) was amended, as from 24 August 2007, by rule 7(2) District Courts Amendment Rules 2007 (SR 2007/205) by substituting “cover sheet”
for “first page”
.
The following documents shall be sealed with the seal of the Court before being issued by that Court:
(a) Final orders:
(b) Documents requiring certification for use in proceedings before another Court or Tribunal:
(c) Orders made on interlocutory applications which are required by rule 290 to be sealed.
Compare: SR 1948/197 r 9B; SR 1980/55 r 4(1)
(1) Any document that may be filed by a party in the office of a Court by attendance at the office may be filed by post, subject to the condition that the party shall send to the Court office by prepaid post—
(a) Such documents as the party would have been required to produce at the Court office if the party had attended; and
(b) Any Court fees payable; and
(c) Postal notes for the amount of any money to be paid or tendered to any party or witness.
(2) Nothing in this rule shall affect any duty of a party to be present at any proceedings before the Court or the Registrar in Court or in Chambers.
Compare: SR 1948/197 r 331; SR 1956/81 r 13(2)
No solicitor may file a document on behalf of a party unless the solicitor is—
(a) authorised by, or on behalf of, the party to file the document; and
(b) the holder of a current practising certificate as a barrister and solicitor issued under section 39 of the Lawyers and Conveyancers Act 2006.
Rule 38 was substituted, as from 1 February 2003, by rule 4 District Courts Amendment Rules (No 4) 2002 (SR 2002/411).
Rule 38(b): amended, on 1 August 2008, by rule 4 of the District Courts (Lawyers and Conveyancers Act 2006) Amendment Rules 2008 (SR 2008/197).
Where a solicitor or a solicitor's partner acts as solicitor for any party to a proceeding, or is a party to any proceeding, that solicitor shall not, without the leave of the Court, act for any other party to the proceeding not having the same interest in the subject-matter of the proceeding.
Compare: High Court Rules, r 41A; SR 1991/132 r 3(1)
Every solicitor by whom, or on whose behalf, a document is filed in the Court shall be deemed to warrant to the Court and to all parties to the proceeding that he or she is authorised, by the party on whose behalf the document purports to be filed, to file the document.
Compare: High Court Rules, r 41B; SR 1991/132 r 3(1)
Subject to rule 44, the solicitor on the record for a party to a proceeding shall be the solicitor whose original signature is on the memorandum subscribed to the first document filed by the party in accordance with rule 43.
Compare: SR 1948/197 r 337; High Court Rules, r 42; SR 1991/132 r 3(1)
(1) Any document which is required by these rules to be signed by a party may, unless the party's personal signature is expressly required, be signed on behalf of the party by the party's solicitor on the record.
(2) Nothing in subclause (1) shall derogate from authority of counsel to sign documents.
Compare: SR 1948/197 r 74(1)(a); High Court Rules, r 43; SR 1991/132 r 3(1)
When an order or a direction that affects a party is made, it is the responsibility of that party's solicitor on the record promptly to notify the party of the order or direction.
Compare: High Court Rules r 43A
Rule 42A was inserted, as from 1 November 2004, by rule 4 District Courts Amendment Rules 2004 (SR 2004/321).
(1) At the end of the first document filed by a party there shall be a memorandum stating—
(a) That the document is filed by the party in person, or by the party's solicitor, as the case may be; and
(b) Where it is filed by a solicitor,—
(i) The name of the solicitor; and
(ii) If the solicitor is a member of a firm or practises under a firm name, the name of the firm; and
(c) Where it is filed by a solicitor who has another solicitor acting as his or her agent in the proceeding,—
(i) The name of the agent, or of his or her firm (if any); and
(ii) The postal address of the party's solicitor; and
(d) An address for service; and
(e) Where it is filed by a solicitor, any Post Office box address, document exchange box number, or facsimile number by which the solicitor will accept service of documents in the course of the proceeding.
(2) The memorandum may be in one of the paragraphs of form 2.
Compare: SR 1948/197 rr 74(3), 75(2), 122; SR 1973/244 r 3(1); High Court Rules, r 44; SR 1991/132 r 3(1)
(1) A party must file and serve on every other party to the proceeding a notice of change of representation if—
(a) the party has acted in person and appoints a solicitor to act for that party; or
(b) the party wishes to change that party's solicitor; or
(c) the party for whom a solicitor has acted wishes to act in person.
(2) If the party's address for service after the change of representation will be different from that which applied before the change, the party must also serve a copy of the notice at the address that was, immediately before the change, the party's address for service.
(3) The notice—
(a) must be signed by the party personally or by the party's attorney; and
(b) in the case of a notice under subclause (1)(a) or (b), must contain the information about the new solicitor required by paragraphs (b) to (e) of rule 43(1); and
(c) in the case of a party referred to in subclause (1)(c), must state that the party's intention is to act in person.
(4) For the purpose of the proceeding, the change of representation takes effect on the filing of an affidavit proving service in accordance with subclause (1) and exhibiting and verifying a copy of the notice served.
(5) A party may change that party's address for service by—
(a) filing a notice of the change showing the new address for service; and
(b) serving a copy of the notice on every other party.
(6) A change of address for service may be combined with a notice under subclause (1). A notice of change of address for service need not be filed under subclause (5)(a) if an affidavit is filed under subclause (4).
(7) Form 3 may be used for a notice under this rule.
Rule 44 was substituted, as from 1 March 2001, by rule 5 District Courts Amendment Rules (No 2) 2000 (SR 2000/282).
Rule 44 was substituted, as from 1 July 2002, by rule 3 District Courts Amendment Rules 2002 (SR 2002/133).
(1) Where the solicitor on the record for a party to a proceeding has ceased to act for that party, that solicitor may apply to the Court for an order declaring that that solicitor has ceased to be the solicitor on the record for that party in that proceeding and the Court may make an order accordingly.
(2) It shall not be necessary to make an application under subclause (1) if—
(a) The party has effected a change of solicitor in accordance with rule 44; or
(b) The party—
(i) Has filed a notice stating that the party intends to act in person and showing the party's new address for service; and
(ii) Has served on the solicitor on the record and on every other party to the proceeding who has given an address for service a copy of the notice filed under subparagraph (i); and
(iii) Has filed an affidavit proving compliance with subparagraph (ii) and exhibiting and verifying a copy of the notice served.
(3) Except where paragraph (a) or paragraph (b) of subclause (2) applies, the solicitor on the record for a party to a proceeding shall, for the purposes of that proceeding, be considered to be the solicitor on the record for that party until the final conclusion of the proceeding unless and until the solicitor—
(a) Obtains an order under subclause (1); and
(b) Serves on every party to the proceeding who has given an address for service a copy of the order obtained under subclause (1); and
(c) Files an affidavit proving compliance with paragraph (b).
(4) Every application under subclause (1) shall be made by interlocutory application and shall be supported by an affidavit giving the grounds of the application.
(5) Unless the Court otherwise directs, notice of every application under subclause (1), and a copy of the affidavit in support of the application, shall be served on the party for whom the solicitor acted.
(6) The notice served under subclause (5) on the party for whom the solicitor acted shall inform the party of the effect that rule 44B will have on the party's address for service if the solicitor obtains an order under subclause (1).
(7) An order made under subclause (1) shall not affect the rights of the solicitor and the party for whom the solicitor acted as between themselves.
Rules 44A and 44B were inserted, as from 1 August 1995, by rule 3 District Courts Rules 1992, Amendment No 2 (SR 1995/130).
Where the solicitor on the record for a party has obtained an order under rule 44A(1) and has complied with paragraphs (b) and (c) of rule 44A(3), then until the party either—
(a) Appoints another solicitor and complies with rule 44; or
(b) Being entitled to act in person,—
(i) Files a notice stating that the part intends to act in person and showing the party's new address for service; and
(ii) Serves on the solicitor who obtained the order under rule 44A(1) and on every other party to the proceeding who has given an address for service a copy of the notice filed under subparagraph (i); and
(iii) Files an affidavit proving compliance with subparagraph (ii) and exhibiting and verifying a copy of the notice served,—
the last known address of the party, or, where the party is a body corporate, its registered or principal office shall, for the purpose of the service on the party of any document not required to be served personally, be deemed to be the party's address for service.
Rules 44A and 44B were inserted, as from 1 August 1995, by rule 3 District Courts Rules 1992, Amendment No 2 (SR 1995/130).
(1) All matters relating to the costs of and incidental to a proceeding or a step in a proceeding are at the discretion of the Court.
(3) This rule is subject to the provisions of any Act.
Compare: High Court Rules r 46
Rules 45 to 47A were substituted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
The following general principles apply to the determination of costs:
(a) the party who fails with respect to a proceeding or an interlocutory application should pay costs to the party who succeeds:
(b) an award of costs should reflect the complexity and significance of the proceeding:
(c) costs should be assessed by applying the appropriate daily recovery rate to the time considered reasonable for each step reasonably required in relation to the proceeding or interlocutory application:
(d) an appropriate daily recovery rate should normally be two-thirds of the daily rate considered reasonable in relation to the proceeding or interlocutory application:
(e) what is an appropriate daily recovery rate and what is a reasonable time should not depend on the skill or experience of the actual solicitor or counsel involved or on the time actually spent by the actual solicitor or counsel involved or on the costs actually incurred by the party claiming costs:
(f) an award of costs should not exceed the costs incurred by the party claiming costs:
(g) so far as possible the determination of costs should be predictable and expeditious.
Compare: High Court Rules r 47
Rules 45 to 47A were substituted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
(1) For the purposes of rule 46(b), proceedings must be classified as falling within 1 of the following categories:
| Category 1 proceedings | Proceedings of a straightforward nature able to be conducted by counsel considered junior. |
| Category 2 proceedings | Proceedings of average complexity requiring counsel of skill and experience considered average. |
| Category 3 proceedings | Proceedings that because of their complexity or significance require counsel to have special skill and experience. |
(2) The Court may at any time determine in advance an applicable category in relation to a proceeding. If it does, the category applies to all subsequent determinations of costs in the proceeding unless there are special reasons to the contrary.
(3) Each step specified in item 10 of Schedule 2A must be treated as having been taken in a category 2 proceeding.
(4) Unless the Court otherwise directs, subclause (3) applies to a proceeding even if the Court has, under subclause (2), determined the category of the proceeding.
Compare: High Court Rules r 48
Rules 45 to 47A were substituted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
For the purposes of rule 46(c), the rates specified in Schedule 2 are the appropriate daily recovery rates for the categories of proceedings referred to in rule 47 and must be applied to those categories of proceedings. Those appropriate daily recovery rates are calculated, in accordance with the principle referred to in rule 46(d), on the basis of being two-thirds of the actual daily rates referred to in that paragraph.
Compare: High Court Rules r 48A
Rule 47A was inserted, as from 1 February 2003, by rule 5 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 7 of those Rules as to the transitional provision.
Rules 45 to 47A were substituted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
(1) For the purposes of rule 46(c), a reasonable time for a step in a proceeding is—
(a) the time specified for that step in Schedule 2A; or
(b) if Schedule 2A does not apply, a time determined by analogy with that schedule; or
(c) if no analogy can usefully be made, the time assessed as likely to be required for the particular step.
(2) In determining what is a reasonable time for a step in a proceeding under subclause (1),—
(a) if a comparatively small amount of time for the particular step is considered reasonable, the determination must be made by reference to band A; or
(b) if a normal amount of time for the particular step is considered reasonable, the determination must be made by reference to band B; or
(c) if a comparatively large amount of time is considered reasonable, the determination must be made by reference to band C.
Compare: High Court Rules r 48B
Rules 47B to 47I were inserted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
(1) Despite rules 46 to 47B, the Court may make an order—
(a) increasing costs otherwise payable under those rules (increased costs); or
(b) that the costs payable are the actual costs, disbursements, and witness expenses reasonably incurred by a party (indemnity costs).
(2) The Court may make the order at any stage of a proceeding in relation to any step in the proceeding.
(3) The Court may order a party to pay increased costs if—
(a) the nature of the proceeding or the step in the proceeding is such that the time required by the party claiming costs would substantially exceed the time allocated under band C; or
(b) the party opposing costs has contributed unnecessarily to the time or expense of the proceeding or step in the proceeding by—
(i) failing to comply with these rules or a direction of the Court; or
(ii) taking or pursuing an unnecessary step or an argument that lacks merit; or
(iii) failing, without reasonable justification, to admit facts, evidence, or documents or accept a legal argument; or
(iv) failing, without reasonable justification, to comply with a notice for discovery, notice for further particulars, notice for interrogatories, or other similar requirement under these rules; or
(v) failing, without reasonable justification, to accept an offer of settlement whether in the form of an offer under rule 47G or some other offer to settle or dispose of the proceeding; or
(c) the proceeding is of general importance to persons other than just the parties and it was reasonably necessary for the party claiming costs to bring the proceeding or participate in the proceeding in the interests of those affected; or
(d) some other reason exists which justifies the Court making an order for increased costs despite the principle that the determination of costs should be predictable and expeditious.
(4) The Court may order a party to pay indemnity costs if—
(a) the party has acted vexatiously, frivolously, improperly, or unnecessarily in commencing, continuing, or defending a proceeding or a step in a proceeding; or
(b) the party has ignored or disobeyed an order or direction of the Court or breached an undertaking given to the Court or another party to the proceeding; or
(c) costs are payable from a fund, the party claiming costs is a necessary party to the proceeding affecting the fund, and the party claiming costs has acted reasonably in the proceeding; or
(d) the person in whose favour the order of costs is made was not a party to the proceeding and has acted reasonably in relation to the proceeding; or
(e) the party claiming costs is entitled to indemnity costs under a contract or deed; or
(f) some other reason exists which justifies the Court making an order for indemnity costs despite the principle that the determination of costs should be predictable and expeditious.
Compare: High Court Rules High Court Rules r 48C
Rules 47B to 47I were inserted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
Despite rules 46 to 47B the Court may refuse to make an order for costs or may reduce the costs otherwise payable under those rules if—
(a) the nature of the proceeding or the step in a proceeding is such that the time required by the party claiming costs would be substantially less than the time allocated under band A; or
(b) the property or interests at stake in the proceeding were of exceptionally low value; or
(c) the issues at stake were of little significance; or
(d) although the party claiming costs has succeeded overall, that party has failed in relation to a cause of action or issue that significantly increased the costs of the party opposing costs; or
(e) the party claiming costs has contributed unnecessarily to the time or expense of the proceeding or step in the proceeding by—
(i) failing to comply with these rules or a direction of the Court; or
(ii) taking or pursuing an unnecessary step or an argument that lacks merit; or
(iii) failing, without reasonable justification, to admit facts, evidence, or documents or accept a legal argument; or
(iv) failing, without reasonable justification, to comply with a notice for discovery, notice for further particulars, notice for interrogatories, or other similar requirement under these rules; or
(v) failing, without reasonable justification, to accept an offer of settlement whether in the form of an offer under rule 47G or some other offer to settle or dispose of the proceeding; or
(f) some other reason exists that justifies the Court refusing costs or reducing costs despite the principle that the determination of costs should be predictable and expeditious.
Compare: High Court Rules r 48D
Rules 47B to 47I were inserted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
(1) Unless there are special reasons to the contrary, costs on an opposed interlocutory application—
(a) must be fixed in accordance with these rules when the application is determined; and
(b) become payable when they are fixed.
(2) Despite subclause (1), the Court may reverse, discharge, or vary an order for costs on an interlocutory application if satisfied subsequently that the original order should not have been made.
(3) This rule does not apply to an application for summary judgment.
Compare: High Court Rules r 48E
Rules 47B to 47I were inserted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
Costs may be determined by a Judge other than the Judge who heard the matter to which the costs relate, if the Judge who heard the matter to which the costs relate is not available conveniently to make the determination.
Compare: High Court Rules r 48F
Rules 47B to 47I were inserted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
(1) A party to a proceeding may at any time make to any other party to the proceeding a written offer that—
(a) is expressly stated to be without prejudice except as to costs; and
(b) relates to an issue in the proceeding.
(2) The fact that the offer has been made must not be communicated to the Court until the question of costs is to be decided.
Compare: High Court Rules r 48G
Rules 47B to 47I were inserted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
(1) The effect (if any) that the making of an offer under rule 47G has on the question of costs is at the discretion of the Court.
(a) apply subject to subclause (1); and
(3) Subclauses (4) and (5) apply to an offer made under rule 47G by a party to a proceeding (party A) to another party to the proceeding (party B).
(4) If party A—
(a) offers a sum of money to party B that exceeds the amount of a judgment obtained by party B against party A; or
(b) makes an offer that would have been more beneficial to party B than the judgment obtained by party B against party A,—
the principle to be applied in determining costs is that party A is entitled to costs on the steps taken in the proceeding after the offer is made.
(5) If an offer made by party A does not fall within paragraph (a) or paragraph (b) of subclause (4), but is close to the value or benefit of the judgment obtained by party B, the principle to be applied in determining costs is that the offer may be taken into account.
Compare: High Court Rules r 48GA
Rules 47B to 47I were inserted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
(1) In this rule, disbursement, in relation to a proceeding,—
(a) means an expense paid or incurred for the purposes of the proceeding that would ordinarily be charged for separately from professional services in a solicitor's bill of costs; and
(b) includes—
(i) fees of Court for the proceeding:
(ii) expenses for serving documents for the purposes of the proceeding:
(iii) expenses for photocopying documents required by these rules or by a direction of the Court:
(iv) expenses of conducting a conference by telephone or video link; but
(c) does not include counsel's fee.
(2) A disbursement may be included in the costs awarded for a proceeding to the extent that the disbursement is—
(a) of a class that is either—
(i) approved by the Court for the purposes of the proceeding; or
(ii) specified in subclause (1)(b); and
(b) specific to the conduct of the proceeding; and
(c) necessary for the conduct of the proceeding; and
(d) reasonable in amount.
(3) A Judge may direct a Registrar to exercise the powers of the Court under this rule.
Compare: High Court Rules r 48H
Rules 47B to 47I were inserted, as from 1 February 2005, by rule 4 District Courts Amendment Rules (No 2) 2004 (SR 2004/467). See rule 7 of those Rules as to the transitional provisions relating to the application of new costs rules.
Each of several unsuccessful defendants shall, unless the Court otherwise directs, be liable to the plaintiff for the costs allowed to the plaintiff even though they defend separately.
Compare: SR 1948/197 r 42(3); High Court Rules, r 50
Where several defendants defend a proceeding separately and it appears to the Court that they, or some of them, might have joined in their defence, the Court shall not allow more than one set of costs to the defendants who might have so joined unless it appears to the Court that there is good reason for allowing more than one set of costs to those defendants.
Compare: High Court Rules, r 51
Where the plaintiff succeeds in the proceeding and the defendant succeeds in a counterclaim, the Court shall award costs as if each party respectively had succeeded in an independent proceeding except where, in the opinion of the Court, the justice of the case otherwise requires.
Compare: High Court Rules, r 52
Where opposite parties are awarded costs against each other, their respective costs, unless the Court otherwise directs, shall be set off and the lesser sum shall be deducted from the greater.
Compare: High Court Rules, r 53
A solicitor who is a party to a proceeding and acts in person shall be entitled to solicitors' costs.
Compare: SR 1948/197 r 318
Where a proceeding has been transferred from the High Court to a District Court and the amount remaining in dispute at the date on which the Registrar receives the documents referred to in section 47 of the Act is less than the amount originally claimed, the costs incurred after that date shall be allowed on the scale and subject to the rules applicable to the costs of a proceeding commenced in a District Court to recover the amount so remaining in dispute.
Compare: SR 1948/197 r 323; SR 1986/358 r 13(2)
An order for the payment of costs may be enforced in the same manner as any other order of a District Court for the payment of money.
Compare: SR 1948/197 r 319
(1) Any party entitled to costs subject to taxation may obtain from the Registrar an appointment for taxation of the costs.
(2) If the party liable to pay the costs has given an address for service, but not otherwise, the party entitled to the costs shall serve a copy of the appointment on the party liable to pay costs at least 2 clear days before the day appointed.
Compare: High Court Rules, r 54
On taxation, all disbursements claimed (being disbursements that may be included in an award of costs under rule 47A(2)) must be proved to the satisfaction of the Registrar.
Rule 56 was substituted, as from 1 February 2003, by rule 6 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 7 of those Rules as to the transitional provision.
No charge shall be allowed on taxation for the preparation or service of the bill of costs or any copy thereof.
Compare: High Court Rules, r 56
The Registrar shall be the sole judge of all questions of fact which may arise on taxation, and his or her decision thereon shall be final.
Compare: High Court Rules, r 57
Without ordering taxation of costs, the Court may direct the Registrar to ascertain what amount should be allowed in respect of witnesses' expenses and other disbursements to a party to whom costs are awarded.
Compare: SR 1948/197 rr 314, 315, 317; SR 1956/81 r 14(1); SR 1981/259 rr 314, 315, 317; High Court Rules, r 58
Where, under these rules or by a direction of the Court, the Registrar has ascertained or fixed the amount of any costs or disbursements or the head under which costs should be allowed, and it appears that the Registrar has acted erroneously, whether as to amount or as to principle, the Court may, on the application of any party dissatisfied with the actions of the Registrar, refer the matter back to the Registrar with such directions as may be requisite, or may itself make such amendments as may appear necessary.
Compare: High Court Rules, r 59
(1) Where the Court is satisfied, on the application of a defendant,—
(a) That a plaintiff—
(i) Is a resident out of New Zealand; or
(ii) Is a corporation incorporated outside New Zealand; or
(iii) Is, within the meaning of section 158 of the Companies Act 1955 or section 5 of the Companies Act 1993, as the casemay be, a subsidiary of a corporation incorporated outside New Zealand; or
(b) That there is reason to believe that a plaintiff will be unable to pay the costs of the defendant if the plaintiff is unsuccessful in the plaintiff's proceeding,—
the Court may, if it thinks fit in all the circumstances, order the giving of security for costs.
(2) An order under subclause (1)—
(a) Shall require the plaintiff or plaintiffs against whom the order is made to give security for costs in respect of such sum as the Court considers sufficient—
(i) By paying that sum into Court; or
(ii) By giving, to the satisfaction of the Registrar, security for that sum; and
(b) May stay the proceeding until the sum is paid or the security given, as the case may be.
(3) This rule—
(a) May apply, if the Court thinks fit, although a plaintiff may be temporarily resident within New Zealand; and
(b) Shall apply notwithstanding that the defendant may have taken a step in the proceeding before the application for security.
(4) The references in this rule to a plaintiff and a defendant shall be construed as references to the person (however described on the record) who is in the position of plaintiff or defendant, as the case may be, in the proceeding, including a counterclaim.
Compare: SR 1948/197 r 39; High Court Rules, r 60; SR 1991/132 r 5
Rule 61(1)(a)(iii) was substituted, as from 1 August 1995, by rule 4 District Courts Rules 1992, Amendment No 2 (SR 1995/130).
(1) Where any officer is empowered to take security from any person for any purpose, the security shall be given by such number of sureties and shall be in such form and for such amount as the officer empowered to take security thinks proper.
(2) Any person required to give security may appeal to the Court against any decision under subclause (1).
Compare: SR 1948/197 rr 340, 341, 342; High Court Rules, r 16
A solicitor shall not be accepted as surety for his or her client to any security given under rule 62.
Compare: High Court Rules, r 61
If any surety becomes bankrupt or insolvent or makes a composition with his or her creditors, all further steps in the proceeding by the principal party to the security may be stayed by the Court until another surety has been found.
Compare: High Court Rules, r 17
Where any Maori, upon whom in any proceeding a document is served,—
(a) Applies, orally or in writing, to the Registrar in the place where the proceeding is pending, within 10 days after the date of service, for a translation into the Maori language of the document; and
(b) If he or she has not already given an address for service, states a postal address for the service of the translation,—
that Maori shall be entitled to receive a translation of the document into the Maori language.
Compare: SR 1948/197 r 346(1); SR 1968/183 r 7(1); High Court Rules, r 62
(1) Where a Maori is entitled, under rule 65, to a translation of a document, the Registrar shall require that translation to be prepared by, and at the expense of, the party or person on whose behalf the document was served.
(2) The translation shall be certified correct by a person holding a certificate of competency as an interpreter or translator under the Maori Language Act 1987 or by some person authorised by the Court to do so.
(3) The translation may be served—
(a) Personally; or
(b) At the address for service (if any) of the Maori; or
(c) By sending it by registered post addressed to the Maori at the postal address stated by the Maori to the Registrar.
(4) Where the translation is sent by registered post, it shall be deemed to have been served when it would be delivered or available for delivery at its address in the ordinary course of registered post.
(5) The costs of preparing and certifying and serving the translation shall be in the discretion of the Court as costs in the proceeding.
Compare: SR 1948/197 r 346(2), (5); High Court Rules, r 63
Where a Maori is entitled, under rule 65, to a translation of a document, then, unless the Court otherwise orders,—
(a) The document shall be deemed not to have been served until the translation is served in accordance with rule 66(3); and
(b) The proceeding in which the document is issued shall be stayed as far as the Maori is concerned until the translation is so served; and
(c) Every subsequent document served on the Maori in the proceeding and every execution process or other process issued against the Maori to enforce any judgment entered or order made in the proceeding shall, unless the Maori is at the time represented by a solicitor, be accompanied by a translation into the Maori language complying with rule 66; and
(d) The execution of any warrant or writ against a Maori shall not be invalid by reason only of its not being accompanied by a translation into the Maori language.
Compare: SR 1948/197 r 346(2), (4); High Court Rules, r 64
(1) The Court may at any time order that a translation into the Maori language, complying with rule 66 of any document served before or after the making of the order, upon a Maori concerned in a proceeding be served on that Maori, whether or not he or she has applied for it under rule 65.
(2) An order under subclause (1) may be made subject to such terms and conditions as the Court thinks proper.
(3) The Court may, on ordering a translation under this rule, grant such adjournment of the proceeding as justice may require.
Compare: SR 1948/197 r 346(3); High Court Rules, r 65
This heading was inserted, as from 1 June 2006, by rule 5 District Courts Amendment Rules 2006 (SR 2006/97). See rule 14 of those rules as to the transitional provision relating to costs.
(1) This rule applies to a person entitled under section 4(1) of the Maori Language Act 1987 to speak Maori in a proceeding or at the hearing of an interlocutory application.
(2) If a person to whom this rule applies wishes to speak Maori in a proceeding or at the hearing of an interlocutory application, that person, or, if the person is a witness, the party intending to call that person, must file and serve on every other party to the proceeding a notice of his or her intention to speak Maori.
(3) The notice must state that the person intends to speak Maori at—
(a) all conferences and hearings; or
(b) all conferences and hearings held after a specified conference or hearing; or
(c) a specified conference or hearing.
(4) The notice must be in form 3A.
(5) The notice must be filed and served—
(a) if the person intends to speak Maori at all conferences and hearings, not less than 10 working days before the first conference or hearing; or
(b) if the person intends to speak Maori at conferences and hearings held after a particular conference or hearing, not less than 10 working days before the first conference or hearing at which the person intends to speak Maori; or
(c) if the person intends to speak Maori at a particular conference or hearing, not less than 10 working days before the conference or hearing.
Rules 68A and 68B were inserted, as from 1 June 2006, by rule 5 District Courts Amendment Rules 2006 (SR 2006/97). See rule 14 of those rules as to the transitional provision relating to costs.
A failure to comply with rule 68A does not prevent a person speaking Maori at a conference or hearing, but—
(a) the Court may adjourn the conference or hearing to enable the Registrar to arrange for a person who holds a certificate of competency under section 15(2)(a) or (c) of the Maori Language Act 1987 or some other person competent to interpret Maori to be available at the adjourned conference or hearing:
(b) the Court may treat the failure to comply as a relevant consideration in an award of costs.
Rules 68A and 68B were inserted, as from 1 June 2006, by rule 5 District Courts Amendment Rules 2006 (SR 2006/97). See rule 14 of those rules as to the transitional provision relating to costs.
(1A) Nothing in this rule applies to documents, files, or records to which the Family Courts Rules 2002 apply (that is, documents, files, or records relating to proceedings in a Family Court).
(1) Any person shall, on payment of the prescribed fee, be entitled during office hours to search, inspect, and take a copy of any of the following, namely,—
(a) All registers and indexes of Court records:
(b) Any document on any file in any office of the Court if—
(i) A right of search or inspection of that document is given by any Act; or
(ii) That document constitutes notice of its contents to the public.
(2) Despite anything in subclauses (4) and (5), but subject to subclause (6), the following persons have the right, without payment of a fee, to search, inspect, and take a copy of the file relating to a proceeding or interlocutory application:
(a) a party to the proceeding or interlocutory application; or
(b) the solicitor on the record acting for a party to the proceeding or interlocutory application.
(3) Subject to subclauses (4) to (7), a person has the right to search, inspect, and copy a document on a file relating to a proceeding that has been determined.
(3A) Subject to subclauses (4) to (7), a person has a right to search, inspect, and copy a document on a file relating to an interlocutory application—
(a) if the interlocutory application relates to a proceeding that has been determined; or
(b) if the interlocutory application relates to an intended proceeding and leave to bring the proceeding is refused; or
(c) with the leave of a Judge in any case where the interlocutory application relates to an intended proceeding and the Judge is satisfied that the proceeding has not been commenced within a reasonable time.
(4) No file and no document upon any file shall be searched, inspected, or copied which relates to any proceedings under—
(a) The Adoption Act 1955:
(b) [Revoked]
(c) The Marriage Act 1955:
(ca) the Civil Union Act 2004:
(d) [Revoked]
(f) The Mental Health Act 1969:
(g) The Guardianship Act 1968:
(ga) the Care of Children Act 2004:
(h) The Domestic Actions Act 1975:
(i) The Property (Relationships) Act 1976:
(j) The Family Proceedings Act 1980:
(ja) [Revoked]
(k) [Revoked]
(l) The Child Support Act 1991:
(la) The Domestic Violence Act 1995:
(lb) The Harassment Act 1997:
(m) Any former provisions corresponding to provisions of any of the Acts mentioned in paragraphs (a) to (l).
(5) No document shall be searched, inspected, or copied which relates to any cause or matter involving—
(a) Defamation:
(b) Property disputes arising out of agreements to marry.
(6) No document which a Judge has at any time directed shall not be inspected without leave shall be searched, inspected, or copied save in accordance with the direction.
(7) No person has the right to search, inspect, or copy a file or a document on a file in a proceeding or interlocutory application after the following periods:
(a) if there is a sealed judgment or order, the expiration of 6 years from its date:
(b) if there is no sealed judgment or order, the expiration of 6 years from the date of the Judge's reasons or minute making the order.
(8) A Registrar may grant to any person leave to search, inspect, or copy any file, part of a file, or a document the search and inspection of which is prohibited by any of the provisions of subclauses (4), (5) and (7) and shall, subject to any directions of a Judge, grant such leave to any person having a genuine or proper interest.
(9) An application under subclause (8) may be made on an informal basis to the Registrar.
(10) If leave is refused by the Registrar, a Judge may review the refusal.
(11) Notwithstanding anything in the foregoing provisions of this rule, any person shall, on payment of the prescribed fee (if any), be entitled during office hours to search, inspect, and take a copy of any document or record filed or lodged in the Court more than 60 years before.
(12) For the purposes of this rules, document includes—
(a) The record made of oral evidence given at any hearing other than any notes made personally by the Judge:
(b) All exhibits produced in evidence:
(c) The record made of the reasons given by the Judge for his or her judgment other than any notes made personally by the Judge.
(13) Nothing in this rule shall affect any Act, regulations, or rules which contain express provisions of any kind in relation to the search of Court records, and this rule shall be subject to those provisions.
Compare: SR 1948/197 r 25; SR 1971/142 r 2(1); High Court Rules, r 66; 1988 No 4 ss 1(2), 113
Subclause (1A) was inserted, as from 3 February 2003, by rule 4(1) District Courts Amendment Rules (No 3) 2002 (SR 2002/394).
Subclauses (2) and (3) were substituted, as from 1 March 2001, by rule 6(1) District Courts Amendment Rules (No 2) 2000 (SR 2000/282).
Subclause (3A) was inserted, as from 1 March 2001, by rule 6(1) District Courts Amendment Rules (No 2) 2000 (SR 2000/282).
Subclause (4)(b) was revoked, as from 3 February 2003, by rule 4(2) District Courts Amendment Rules (No 3) 2002 (SR 2002/394).
Subclause (4)(ca) was inserted, as from 1 July 2005, by rule 3(1) District Courts Amendment Rules (No 2) 2005 (SR 2005/149).
Subclause (4)(d) was revoked, as from 3 February 2003, by rule 4(2) District Courts Amendment Rules (No 3) 2002 (SR 2002/394).
Subclause (4)(fa) was inserted, as from 1 March 2001, by rule 6(2) District Courts Amendment Rules (No 2) 2000 (SR 2000/282).
Subclause (4)(ga) was inserted, as from 1 July 2005, by rule 3(2) District Courts Amendment Rules (No 2) 2005 (SR 2005/149).
Subclause 4(i) was amended, as from 1 February 2002, by rule 3 District Courts Amendment Rules (No 2) 2001 (SR 2001/381) by substituting the expression “Property (Relationships) Act 1976”
for the expression “Matrimonial Property Act 1976”
.
Subclause (4)(ja) was inserted, as from 1 August 1995, by rule 5 District Courts Rules 1992, Amendment No 2 (SR 1995/130).
Subclause (4)(ja) was revoked, as from 1 July 1996, by rule 2(1)(a) District Courts Rules 1992, Amendment No 2 (SR 1996/152).
Subclause (4)(k) was revoked, as from 3 February 2003, by rule 4(2) District Courts Amendment Rules (No 3) 2002 (SR 2002/394).
Subclause 4(la) was inserted, as from 1 July 1996, by rule 2(1)(b) District Courts Rules 1992, Amendment No 2 (SR 1996/152).
Subclause (4)(lb) was inserted, as from 1 May 1998, by rule 3 District Courts Amendment Rules 1998 (SR 1998/63).
Subclause 4(m) was amended, as from 1 July 1996, by rule 2(1)(c) District Courts Rules 1992, Amendment No 2 (SR 1996/152) by substituting the expression “(la)”
for the expression “(l)”
.
Subclause (7) was substituted, as from 1 March 2001, by rule 6(3) District Courts Amendment Rules (No 2) 2000 (SR 2000/282).
(1) Where in any proceeding money has been, or is to be, paid into Court pursuant to any order of the Court or to any provision of these rules, any party to the proceeding may apply to the Court for an order directing the Registrar to invest the money on such security or securities as the Court thinks fit.
(2) Unless the Court otherwise orders, no application under this rule may be made until 21 days after the money has been paid into Court.
Compare: SR 1948/197 r 23; High Court Rules, r 69
(1) On any application under rule 70 the Court, when making an order for investment of the money,—
(a) May direct that any security on which the money is invested shall be taken in the name of the Registrar or in the names of the Registrar and such other person or persons as the Court may nominate; and
(b) May also give—
(i) Directions as to the form and the terms of the security; and
(ii) Such other directions as may appear necessary or expedient.
(2) Any order made under this rule may from time to time be varied by the Court on the application of any party to the proceeding.
Compare: High Court Rules, r 70
(1) The Court may, on the application of any party to the proceeding, and either at the time of making an order under rule 70 or at any time thereafter, direct—
(a) That any security on which money is invested pursuant to rule 70 be transferred to any party or to 2 or more parties in such shares or proportions as it thinks fit; or
(b) That any security be converted into money and that, on any such conversion or on the repayment of the money invested therein, the capital and income received be paid to such party or parties and in such shares or proportions as the Court thinks fit; or
(c) That the capital be paid to one or more parties and the income be paid to any other party or parties and in such shares or proportions as the Court thinks fit.
(2) Unless the Court otherwise directs, the income received from any investment made pursuant to an order under rule 70 shall be paid to the party or parties who shall be found by the Court to be entitled to the capital and in the same shares or proportions.
Compare: High Court Rules, r 71
Neither the Registrar nor the Crown shall be liable for any loss either of capital or of income in respect of any investment made pursuant to and in accordance with an order under rule 70.
Compare: High Court Rules, r 72
Where any proceeding or interlocutory application is heard and decided in Chambers, particulars of the hearing or the decision or both (including the reasons for the decision) may be published unless the Judge or Registrar, exercising jurisdiction in Chambers, otherwise directs.
Compare: High Court Rules, r 72A; SR 1991/132 r 7
(1) All persons may be joined in a proceeding as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction, matter, event, instrument, or other document, or series of the same, or of the same statute, regulation, or bylaw, is alleged to exist, whether jointly, severally, on in the alternative, where if such persons brought separate proceedings any common question of law or fact would arise.
(2) Notwithstanding subclause (1), if upon the application of any defendant, it appears that any joinder may embarrass or delay the hearing of the proceeding, the Court may order separate hearings, or make such other order as it thinks fit.
Compare: SR 1948/197 r 40(1); High Court Rules, r 73
(1) All persons may be joined as defendants against whom the right to any relief in respect of or arising out of the same transaction, matter, event, instrument, or other document, or series of the same, or of the same statute, regulation, or bylaw, is alleged to exist, whether, jointly, severally, or in alternative.
(2) It shall not be necessary that every defendant shall be interested in all the relief claimed in the proceeding, or in every cause of action included therein, but the Court may make such order as appears just to prevent any defendant from being embarrassed or put to expense by being required to attend any part of the proceeding in which he or she may have no interest.
(3) Where in any proceeding the plaintiff is in doubt as to the person or persons against whom he or she may is entitled to relief, the plaintiff may join 2 or more persons as defendants to the intent that, in the proceeding, the question as to which (if any) of the defendants is liable, and to what extent, may be determined as between all parties to the proceeding.
Compare: SR 1948/197 rr 42(1), 43, 45; High Court Rules, r 74
(1) Where in any proceeding a defendant claims against any person not already a party to the proceeding (hereinafter referred to as the third party)—
(a) That the defendant is entitled to contribution or indemnity; or
(b) That the defendant is entitled to any relief or remedy relating to or connected with the subject-matter of the proceeding and substantially the same as some relief or remedy claimed by the plaintiff against him or her; or
(c) That any question or issue in the proceeding should properly be determined not only as between the plaintiff and the defendant but also as between the plaintiff, the defendant, and the third party or between any or either of them; or
(d) That any question or issue relating to or connected with the subject-matter of the proceeding is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined as aforesaid,—
then the defendant may, within 14 days after the expiration of the time for filing the defendant's statement of defence or thereafter with leave of the Court, issue a notice to that effect (hereinafter referred to as a third party notice) to the third party in the manner provided in rules 177 to 185.
(2) Where a third party makes as against any person not already a party to the proceeding (hereinafter referred to as a fourth party) such a claim as is defined by subclause (1), the third party may, within 14 days after the expiration of the time for filing the third party's statement of defence or thereafter with the leave of the Court on notice to all other existing parties or with the written consent of all existing parties, issue a notice to that effect (hereinafter referred to as a fourth party notice) to the fourth party in the manner provided by rules 177 to 185 and so on successively; but no notice to any subsequent party shall be issued without the written consent of all existing parties or without the leave of the Court on an application in that behalf made on notice to the other existing parties.
(3) A third or subsequent party shall, as from the time of service of such notice upon that party, be a party to the proceeding, with the same rights in respect of that party's defence against any claim made against that party and otherwise as if that party had been made a defendant to a proceeding instituted by the party by whom the notice was issued.
(4) On any application for leave under this rule the Court shall have regard to the delay to the plaintiff as well as to all other relevant circumstances and may grant or refuse leave or may grant leave upon such terms as may appear just.
(5) Where an application for judgment in any proceeding is pending under rule 152 or rule 153, a notice under subclause (1) or subclause (2) of this rule to any person not already a party to the proceeding may be issued only with the leave of the Court.
Compare: SR 1948/197 rr 138, 141; SR 1968/183 r 7(1); High Court Rules, r 75; SR 1988/269 r 3
In all proceedings the number of persons named or joined as parties shall be limited as far as is practicable to those whose presence before the Court is necessary for a due and just determination of the issue or issues arising out of the proceeding or whom it is sought to bind by any judgment given therein.
Compare: High Court Rules, r 76
Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons in the proceeding; but the Court may, at any stage, order any of such persons to be made parties to the proceeding, either in addition to or in lieu of the trustees, executors, or administrators.
Compare: High Court Rules, r 77
Where two or more persons have the same interest in the subject-matter of a proceeding, one or more of them may, with the consent of the other or others, or by direction of the Court on the application of any party or intended party to the proceeding, sue or be sued in such proceeding on behalf of or for the benefit of all persons so interested.
Compare: SR 1948/197 r 47; High Court Rules, r 78
(1) Any two or more persons claiming or alleged to be liable as partners may sue or be sued in the name of the firm (if any) in which they were partners when the cause of action arose.
(2) The opposite party may in such case apply to the firm for the names of the persons who are or were partners in the firm and, until an affidavit has been filed stating the names and addresses of the partners, all further steps in the proceeding on the part of the partners shall be stayed.
(3) Subclauses (1) and (2) shall apply where a firm sues or is sued by one or more of its members and where firms having one or more members in common sue each other.
Compare: SR 1948/197 rr 61, 63; High Court Rules, r 79
(1) Any person carrying on business in the name of a firm may be sued in the name of the firm.
(2) The opposite party may in such case apply to the Court for an order—
(a) Directing that an affidavit be filed stating the name and address of the person carrying on the business; and
(b) Staying any further step in the proceeding on the part of the person carrying on the business until the affidavit has been filed.
Compare: SR 1948/197 r 64; High Court Rules, r 80
In respect of any proceeding or intended proceeding, the Court may, on the application of any party or intending party thereto, or of its own motion,—
(a) Direct any executor or trustee to represent minors, unborn persons, or absentees, or persons otherwise unrepresented, or appoint counsel to represent them on such counsel undertaking so to do:
(b) Appoint a guardian ad litem to represent any person where such a course appears necessary:
(c) Direct the Public Trustee to represent any person or class of persons:
(d) Direct that the Attorney-General or the Solicitor-General be served:
(e) Direct that, with the consent of the Attorney-General, any chief executive of a Government department or other officer may represent the public interest:
(f) Direct that any local authority, public body, or other representative body of persons represent the inhabitants of any locality or any class of persons, unless it appears to the Court that their interests, or the interests of a considerable section of them, may be adverse to those of the local authority or public body or other representative body:
(g) Where a local authority, public body, or other representative body is itself the plaintiff, or is a party whose interests appear to the Court to be adverse to those of the inhabitants of any locality or any class of persons, or a considerable section of them, direct in what manner those inhabitants or that class or that section shall be represented.
Compare: High Court Rules, r 81
For the purposes of these rules,—
incapacitated person means a person who by reason of physical, intellectual, or mental impairment, whether temporary or permanent, is—
(a) not capable of understanding the issues on which his or her decision would be required as a litigant conducting proceedings; or
(b) unable to give sufficient instructions to issue, defend, or compromise proceedings
minor means a person who has not attained the age of 18 years; and a person is of full age if he or she has attained the age of 18 years.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
Rule 84 was substituted, as from 24 August 2007, by rule 8 District Courts Amendment Rules 2007 (SR 2007/205).
For the purposes of these rules, litigation guardian—
(a) means—
(i) a person who is authorised by or under an enactment to conduct proceedings in the name of, or on behalf of, an incapacitated person or a minor (but only in a proceeding to which the authority extends); or
(ii) a person who is appointed under rule 88C to conduct a proceeding; and
(b) has the same meaning as the expression “guardian ad litem”
.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
Rule 85 was substituted, as from 24 August 2007, by rule 8 District Courts Amendment Rules 2007 (SR 2007/205).
(1) An incapacitated person must have a litigation guardian as his or her representative in any proceeding, unless the Court orders otherwise.
(2) If a person becomes an incapacitated person during a proceeding, a party must not take any step in the proceeding without the permission of the Court until the incapacitated person has a litigation guardian.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
Rule 86 was substituted, as from 24 August 2007, by rule 8 District Courts Amendment Rules 2007 (SR 2007/205).
(1) A minor must have a litigation guardian as his or her representative in any proceeding, unless the Court orders otherwise.
(2) Subclause (1) does not apply to a minor who—
(a) is required by an enactment to conduct a proceeding without a litigation guardian; or
(b) is permitted by an enactment to conduct a proceeding without a litigation guardian and elects to do so; or
(c) is authorised under rule 88 to conduct a proceeding without a litigation guardian.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
Rule 87 was substituted, as from 24 August 2007, by rule 8 District Courts Amendment Rules 2007 (SR 2007/205).
(1) This rule applies to a minor who—
(a) is not required or permitted by an enactment to conduct a proceeding without a litigation guardian; and
(b) is not prohibited by an enactment from conducting a proceeding without a litigation guardian.
(2) A minor who wishes to conduct a proceeding in his or her own name may apply to the Court for authorisation to conduct the proceeding without a litigation guardian.
(3) On an application under subclause (2), the Court may make an order allowing the minor to conduct the proceeding without a litigation guardian if it is satisfied that—
(a) the minor is capable of making the decisions required or likely to be required in the proceeding; and
(b) no reason exists that would make it in the interests of the minor to be represented by a litigation guardian.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
Rule 88 was substituted, as from 24 August 2007, by rule 8 District Courts Amendment Rules 2007 (SR 2007/205).
The Court may set aside a step in a proceeding if an incapacitated person did not have a litigation guardian when that step was taken and the Court considers that the incapacitated person was unfairly prejudiced.
Rules 88A to 88E were inserted, as from 24 August 2007, by rule 8 District Courts Amendment Rules 2007 (SR 2007/205).
(1) This rule applies if an incapacitated person does not have a litigation guardian within the meaning of rule 85(a)(i).
(2) The Court may appoint a litigation guardian if it is satisfied that—
(a) the person for whom the litigation guardian is to be appointed is an incapacitated person; and
(b) the litigation guardian—
(i) is able fairly and competently to conduct proceedings on behalf of the incapacitated person; and
(ii) does not have interests adverse to those of the incapacitated person; and
(iii) consents to being a litigation guardian.
(3) In deciding whether to appoint a litigation guardian, the Court may have regard to any matters it considers appropriate, including the views of the person for whom the litigation guardian is to be appointed.
(4) The Court may appoint a litigation guardian under this rule at any time—
(a) on its own initiative; or
(b) on the application of any person, including a person seeking to be appointed as litigation guardian.
Rules 88A to 88E were inserted, as from 24 August 2007, by rule 8 District Courts Amendment Rules 2007 (SR 2007/205).
(1) Unless the Court orders otherwise, an application under rule 88C—
(a) may be made ex parte; and
(b) must be served on the person for whom the litigation guardian is to be appointed, unless the Court orders otherwise.
(2) When the person for whom the litigation guardian is to be appointed is a minor,—
(a) subclause (1) does not apply; and
(b) unless the Court directs otherwise, the application must be served instead on—
(i) the minor's parent or guardian; or
(ii) if there is no parent or guardian, a person of full age who has the care of the minor or with whom the minor lives.
Rules 88A to 88E were inserted, as from 24 August 2007, by rule 8 District Courts Amendment Rules 2007 (SR 2007/205).
(1) A litigation guardian within the meaning of rule 85(a)(i) must file a copy of the order or other document that empowers him or her to conduct the proceeding, at the same time as the first document relating to the proceeding is filed.
(2) A person appointed under rule 88C as a litigation guardian of a party to a proceeding must give notice of the appointment to each other party in the proceeding, as soon as practicable after the appointment.
Rules 88A to 88E were inserted, as from 24 August 2007, by rule 8 District Courts Amendment Rules 2007 (SR 2007/205).
A litigation guardian may do anything in relation to a proceeding that could be done by the incapacitated person if he or she were not an incapacitated person.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
The heading of every document filed in a proceeding in which an incapacitated person is represented by a litigation guardian must state the name of the incapacitated person followed by the words “by his/her litigation guardian”
and the name of the litigation guardian.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
(1) A party who knows that an incapacitated person has a litigation guardian must serve any document in a proceeding—
(a) on the litigation guardian, unless the litigation guardian has filed an address for service:
(b) if the litigation guardian has filed an address for service, at that address for service.
(2) Subclause (3) applies to a party who believes on reasonable grounds that a person is an incapacitated person but does not know if that person has a litigation guardian.
(3) The party—
(a) may apply to the Court for the appointment of a litigation guardian under rule 88C; and
(b) may apply for directions as to service; and
(c) must serve any documents in the proceeding in accordance with any directions as to service.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
Rule 91 was substituted, as from 24 August 2007, by rule 9 District Courts Amendment Rules 2007 (SR 2007/205).
The fact that an incapacitated person is, or has been, represented by a litigation guardian must be disregarded in making an award of costs under these rules in favour of or against the incapacitated person.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
(1) Unless the Court otherwise orders, an award of costs made against an incapacitated person may be enforced against—
(a) the incapacitated person; or
(b) the person who is the litigation guardian of the incapacitated person at the time the costs determination is made; or
(c) a person against whom an order for indemnity or contribution has been made under rule 94(1) to the extent of the amount of the indemnity or contribution; or
(d) any of those persons.
(2) Unless the Court orders otherwise, a litigation guardian is entitled to be reimbursed out of the property of the incapacitated person for any costs paid by the litigation guardian under subclause (1)(b), (c), or (d).
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
(1) The Court may make an order—
(a) directing a person who has ceased to be a litigation guardian of an incapacitated person (former litigation guardian) to indemnify the incapacitated person or the current litigation guardian of the incapacitated person for any costs subsequently awarded against the incapacitated person in relation to any steps taken in the proceeding by the former litigation guardian:
(b) directing a former litigation guardian to indemnify the incapacitated person or the current litigation guardian of the incapacitated person on a basis specified by the Court for any costs subsequently awarded against the incapacitated person in relation to any steps taken in the proceeding after the former litigation guardian ceased to be the litigation guardian:
(2) A former litigation guardian may be required by an incapacitated person or by the current litigation guardian of the incapacitated person to satisfy any order made under subclause (1)(a), (b), or (c).
(3) The Court may, on the application of a former litigation guardian, declare that the former litigation guardian is not liable to comply with an order made under subclause (1)(a), (b), or (c) if the Court is satisfied that, having regard to circumstances occurring after the order was made, it is no longer just that the former litigation guardian should have to comply with the order.
Rule 94 was amended, as from 1 February 1996, by rule 8 District Courts Rules 1992, Amendment No 3 (SR 1995/319).
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
Unless the Court otherwise orders, a litigation guardian is entitled to be reimbursed out of the property of the incapacitated person for any costs (including any solicitor and client costs) paid or incurred or to be paid or incurred by the litigation guardian on behalf of the incapacitated person.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
(1) A litigation guardian may not retire without the leave of the Court.
(2) Unless the Court orders otherwise, the appointment of a litigation guardian under rule 88C ends if another person is subsequently authorised by or under an enactment to conduct the proceeding in the name of, or on behalf of, the incapacitated person.
(3) A litigation guardian may be removed by the Court when it is in the interests of the person he or she represents.
(4) In the case of retirement, removal, or death of a litigation guardian, no further step may be taken in the proceeding without the leave of the Court until the incapacitated person is represented by another litigation guardian.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
Rules 96 to 98 were substituted, as from 24 August 2007, by rule 10 District Courts Amendment Rules 2007 (SR 2007/205).
(1) The Court must make an order terminating the appointment of a litigation guardian if it is satisfied that the person the litigation guardian represents is no longer an incapacitated person.
(2) The Court may make an order at any time—
(a) on its own initiative; or
(b) on the application of—
(i) the incapacitated person; or
(ii) the incapacitated person's litigation guardian; or
(iii) a party.
(3) From the date of the order,—
(a) all subsequent steps in the proceeding must be carried on by the person formerly represented by the litigation guardian; and
(b) the person formerly represented by the litigation guardian is liable for all the costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced the proceeding or had become a party to the proceeding when he or she was not an incapacitated person.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
Rules 96 to 98 were substituted, as from 24 August 2007, by rule 10 District Courts Amendment Rules 2007 (SR 2007/205).
(1) A minor who attains full age must file and serve an affidavit confirming that he or she is no longer a minor.
(2) Unless the Court orders otherwise, from the date a minor attains full age—
(a) the appointment of his or her litigation guardian ends; and
(b) all subsequent steps in the proceeding must be carried on by the former minor; and
(c) that person is liable for all the costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced the proceeding or had become a party to the proceeding when he or she was not a minor.
Rules 84 to 98 were substituted, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
Rules 96 to 98 were substituted, as from 24 August 2007, by rule 10 District Courts Amendment Rules 2007 (SR 2007/205).
[Revoked]
Rule 99 was revoked, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
[Revoked]
Rule 100 was revoked, as from 1 February 2003, by rule 8 District Courts Amendment Rules (No 4) 2002 (SR 2002/411). See rule 11 of those rules for the transitional provision relating to application to existing proceedings.
(1) A relator seeking to bring a proceeding by the Attorney-General on his or her relation, must be approved by the Attorney-General and shall be liable for the costs of the proceeding.
(2) If the relator or all the relators die or become incapable of acting, the proceeding shall not abate, but the Court may stay the proceeding until the name of a new relator has been substituted after he or she has been approved by the Attorney-General.
(3) No person shall be named as a relator in a proceeding until he or she has authorised the solicitor issuing the proceeding so to name him or her.
(4) The authority under subclause (3) shall be in writing signed by the proposed relator and shall be filed in the office of the Court in which the proceeding is to be commenced.
Compare: High Court Rules, r 95
No proceeding shall be defeated by reason of the misjoinder of parties, and the Court may in every proceeding deal with the matter in controversy in accordance with the rights and interests of the parties before it.
Compare: SR 1948/197 r 46; High Court Rules, r 96
(1) The Court may at any stage of a proceeding, either upon or without the application of any party, and on such terms as appear to the Court to be just, order—
(a) That the name of any party, whether as plaintiff or as defendant, improperly or mistakenly joined be struck out:
(b) That the name of any person who ought to have been joined, or whose presence before the Court may be necessary to enable the Court effectually and completely to adjudicate upon and settle all questions involved in the proceeding be added, whether as plaintiff or defendant.
(2) Notwithstanding subclause (1)(b), no person shall be added as plaintiff without that person's consent.
Compare: SR 1948/197 rr 41, 173; High Court Rules, r 97
(1) Subject to section 52 of the Act and the provisions of any other Act, no proceeding shall abate by reason of the death or bankruptcy of any of the parties if the cause of action survives or continues.
(2) No proceeding shall become defective by the assignment, creation, or devolution of any estate or title while the proceeding is pending.
Compare: SR 1948/197 r 65(1); High Court Rules, r 98
(1) In the case of the death, or bankruptcy, or devolution of the estate by operation of law, of any party to a proceeding, the other party may apply to the Court for an order that the personal representative, trustee, or other successor in interest (if any) of that party be made a party to the proceeding, or be served with notice thereof, in such manner or form as is hereinafter prescribed, and on such terms as the Court thinks just and to make such order for the disposal of the proceeding as it thinks just.
(2) If the other party fails to apply to the Court under subclause (1) of this rule, the Court may make the necessary orders of its own motion.
Compare: SR 1948/197 r 66; High Court Rules, r 99
In the case of an assignment, creation, or devolution of any estate or title while a proceeding is pending, the proceeding may be continued by or against the person to or upon whom such estate or title has come or devolved.
Compare: High Court Rules, r 100
Where, by reason of death or bankruptcy or any other event occurring after the commencement of a proceeding and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the proceeding, it becomes necessary or desirable that any person not already a party to the proceeding should be made a party thereto, or that any person already a party thereto should be made a party thereto in another capacity, an order that the proceeding shall be carried on between the continuing parties to the proceeding and the new party or parties may be obtained ex parte on application to the Court upon an allegation of such change or transmission of interest or liability, or of such person interested having come into existence.
Compare: High Court Rules, r 101
An order obtained under rule 107 shall, unless the Court otherwise directs, be served upon the continuing party or parties to the proceeding, and also upon each new party, unless the person making the application is the only new party; and, subject to rules 109 and 110, the order shall from the time of service be binding on the person served therewith; and every person served therewith who is not already a party shall be bound to file a statement of defence within the same time and in the same manner as if that person had been served with a statement of claim.
Compare: High Court Rules, r 102
Where any person who is under no disability, or being under disability but having a next friend or guardian ad litem or manager in the proceeding, is served with an order obtained under rule 107, that person may apply to the Court to discharge or vary the order within 14 days from the service thereof.
Compare: High Court Rules, r 103
Where any person being under any disability is served with an order obtained under rule 107 and that person has not had a next friend or guardian ad litem appointed in the proceeding or a manager appointed, that person may apply to the Court to discharge or vary the order within 14 days from the appointment of a next friend or guardian ad litem or a manager for that party, and until the period of 14 days has expired the order shall have no force or effect as against the last-mentioned person.
Compare: High Court Rules, r 104
If the name of any party is incorrectly stated in the pleadings or is changed by marriage, by civil union, by deed poll, or otherwise, that party may amend that name by filing with the Court and serving on all other parties, a notice signed by that party.
Compare: High Court Rules, r 105
Rule 111 was amended, as from 1 July 2005, by rule 4 District Courts Amendment Rules (No 2) 2005 (SR 2005/149) by substituting the words “, by civil union, by deed poll,”
for the words “or by deed poll”
.
(1) Every proceeding shall, subject to subclauses (2) and (3), be commenced by filing a statement of claim in the proper Court, as determined in accordance with rule 113.
(2) Subclause (1) does not apply to—
(a) A proceeding to which rule 452 applies; or
(b) An appeal from a determination of a statutory tribunal or statutory officer.
(3) Notwithstanding subclause (1), the statement of claim may be filed in any Court if the parties agree, by endorsement on the statement of claim, to the filing of the statement of claim in that Court.
Compare: SR 1948/197 r 26; SR 1952/242 r 3; SR 1956/81 r 4; SR 1970/60 r 5; SR 1977/219 r 2(1), (2); SR 1986/358 r 3(1); SR 1973/244 r 3(1); High Court Rules, r 106
(1) The proper Court, for the purposes of rule 112(1), shall, subject to subclauses (2) and (4), be determined as follows:
(a) Where any defendant is resident or has his or her principal place of business in New Zealand, that Court shall be the Court nearest to the residence or principal place of business of the defendant:
Provided that where there are two or more defendants, that Court shall be determined by reference to the first-named defendant who is resident or has his or her principal place of business in New Zealand:
(b) Where no defendant is resident or has his or her principal place of business in New Zealand, that Court shall be such Court as the plaintiff selects:
(2) Notwithstanding subclause (1)(a), if the place where the cause of action, or some material part thereof, arose is nearer to the place where the plaintiff or the plaintiff first named in the statement of claim resides than to the place where the defendant resides, the proper Court, for the purposes of rule 112(1), shall, at the option of the plaintiff or the first-named plaintiff, as the case may be, be the Court nearest to the residence of the plaintiff or the first-named plaintiff, as the case may be.
(3) Where a plaintiff proposes to exercise the option conferred by subclause (2), the plaintiff shall file with the statement of claim and notice of proceeding an affidavit by the plaintiff or the plaintiff's solicitor showing the place where the cause of action or the material part thereof arose and showing that that place is nearer to the place where the plaintiff or the first-named plaintiff in the statement of claim resides than to the place where the defendant resides.
(4) Where the Court nearest to the place where the defendant or one of the defendants resides or has his or her principal place of business in New Zealand is the Court at Auckland, Manukau, North Shore, Papakura, or Waitakere, and the Court at one of those 5 places is the Court nearest to the place where the cause of action or a material part thereof arose, subclause (2) shall not apply.
(5) Where it appears to the Court or the Registrar that the statement of claim has been filed in the wrong Court or that any other Court would be more convenient to the parties, the Court or the Registrar may, of his or her or its own motion or an application, direct that the statement of claim be filed in such other Court, or that all documents filed in the proceeding be transferred to the proper Court or, as the case may be, to such other Court which shall thereupon be deemed to be the proper Court.
Compare: SR 1948/197 r 26; SR 1952/242 r 3; SR 1956/81 r 4; SR 1970/60 r 5; SR 1977/219 r 2(1), (2); SR 1948/197 r 176, High Court Rules, r 107; SR 1991/132 r 8
Subclause (4) was amended, as from 1 May 1998, by rule 3 District Courts Amendment Rules (No 2) 1998 (SR 1998/73) by substituting the word “Waitakere”
for the word “Henderson”
.
Subclause (4) was amended, as from 30 October 2000, by rule 3 District Court Amendment Rules 2000 (SR 2000/184) by substituting the words “Manukau, North Shore,”
for the words “North Shore, Otahuhu,”
.
The statement of claim—
(a) Shall show the general nature of the plaintiff's claim to the relief sought; and
(b) Shall give such particulars of time, place, amounts, names of persons, nature and dates of instruments, and other circumstances, including particulars of the finance rate where appropriate, as may suffice to inform the Court and the party or parties against whom relief is sought of the plaintiff's cause of action; and
(c) Shall state specifically any claim for interest; and
(d) In a proceeding against the Crown that is instituted against the Attorney-General, shall give particulars of the Government department or officer of the Crown concerned.
Compare: SR 1948/197 r 77(1)-(4); SR 1952/242 rr 6, 18(1); High Court Rules, r 108
The statement of claim shall conclude by specifying the relief or remedy sought.
Compare: High Court Rules, r 109
(1) Subject to subclauses (2) and (3), a plaintiff may join in the same statement of claim several causes of action.
(2) Claims by or against an Official Assignee in Bankruptcy, or a liquidator or a receiver of a company, as such, shall not, unless by leave of the Court, be joined with any claim by or against him or her in any other capacity.
(3) Claims by or against an executor or administrator or trustee, as such, shall not, unless by leave of the Court, be joined with claims by or against him or her personally unless the last-mentioned claims are alleged to arise with reference to the estate or trust in respect of which he or she sues or is sued as executor or administrator or trustee.
Compare: SR 1948/197 r 36(b); High Court Rules, r 110
Subject to rule 138, claims by plaintiffs jointly may be joined with claims by them or any of them against the same defendant.
Compare: SR 1948/197 r 36(c); High Court Rules, r 111
Claims by or against spouses, civil union partners, or de facto partners may be joined with claims by or against either of those spouses, civil union partners, or de facto partners if the opposite party is the same person.
Rule 118 was substituted, as from 1 July 2005, by rule 5 District Courts Amendment Rules (No 2) 2005 (SR 2005/149).
In any case where justice so requires, the Court may order separate hearings of causes of action and, for that purpose, may direct the order of the separate hearings, or may make such other order as the Court thinks just.
Compare: SR 1948/197 r 38; High Court Rules, r 113
A statement of claim which includes 2 or more causes of action shall specify separately the relief or remedy sought by the plaintiff on each cause of action.
Compare: SR 1948/197 r 82; High Court Rules, r 114
The relief claimed shall be stated specifically, either simply or in the alternative, and it shall not be necessary to ask for general or other relief; but the Court may, if it thinks just, grant any other relief to which the plaintiff may be entitled, notwithstanding that the relief has not been specifically claimed and there is no claim for general or other relief.
Compare: High Court Rules, r 115
If the statement of claim seeks the recovery of a sum of money, the amount shall be stated as precisely as the nature of the case admits.
Compare: SR 1948/197 r 77(2); SR 1952/242 r 18(1); High Court Rules, r 116
If the plaintiff seeks to recover special damages, the statement of claim shall show the nature and particulars thereof.
Compare: High Court Rules, r 117
If the plaintiff wishes to allow a set-off, or relinquish a portion of his or her claim, the statement of claim shall show the amount so allowed or relinquished.
Compare: High Court Rules, r 118
If any party to a proceeding sues or is sued in a representative capacity, the statement of claim shall show in what capacity he or she sues or is sued.
Compare: High Court Rules, r 119
Subject to rule 130, there shall be filed with every statement of claim a notice to the defendant to be called a notice of proceeding.
Compare: High Court Rules, r 120
(1) The notice of proceeding—
(a) Shall be signed by the plaintiff or the plaintiff's solicitor:
(b) Shall state the place for the filing of a statement of defence and the time within which the statement of defence is required to be filed, in accordance with these rules:
(c) Shall warn the defendant that if the defendant does not file a statement of defence within the required time the plaintiff may at once proceed to judgment on the claim and judgment may be given in the absence of the defendant.
(2) The notice of proceeding shall be in form 4.
(3) Where the Court has directed that any person other than the defendant named in the title of the proceeding be served, a statement to that effect setting out the name, place of residence, and occupation of every such person shall be appended to the notice of proceeding, and such statement shall be signed by the Registrar.
(4) There shall be endorsed on the notice of proceeding or annexed thereto a memorandum signed by the Registrar in form 5 or form 7 as may be appropriate.
Compare: High Court Rules, r 121
Subclause (4) was amended, as from 3 February 2003, by rule 6 District Courts Amendment Rules (No 3) 2002 (SR 2002/394) by omitting the words “or form 6”
.
Unless otherwise ordered by the Court,—
(a) The place for filing the statement of defence shall be the Court in which the statement of claim was filed or into which it has been transferred; and
(b) The time within which the statement of defence is required to be filed shall be within 30 days after the day on which the statement of claim and notice of proceeding are served on the defendant.
Compare: High Court Rules, r 122
Subject to rule 483, the place at which the proceeding shall be heard shall be the town where the Court in which the statement of defence is to be filed is situated.
Compare: High Court Rules, r 123; SR 1987/230 r 2
Unless the Court so orders, it shall not be necessary to file or serve a notice of proceeding—
(a) Where no relief against any person is claimed in the statement of claim; or
(b) Where service of the notice is dispensed with—
(i) By statute; or
(ii) Under these rules; or
(iii) By order of the Court.
Compare: High Court Rules, r 124
(1) Except as otherwise provided by any Act or these rules or any order made under these rules, every statement of claim and notice of proceeding shall be served, in accordance with these rules,—
(a) On every defendant named therein; and
(b) On every other person directed to be served therewith.
(2) Notwithstanding subclause (1), in any civil proceeding against the Crown in which the Attorney-General is named as defendant or is directed to be served on behalf of the Crown or in which the Crown is joined by joining the Attorney-General as a party or third or subsequent party, service on the Crown shall be effected in accordance with section 16 of the Crown Proceedings Act 1950.
Compare: SR 1948/197 Part 9; SR 1952/242 r 7; High Court Rules, r 125
Subject to rule 131(2) and except where the Court directs or these rules require or permit a different mode of service, the statement of claim and notice of proceeding shall be served personally.
Compare: SR 1948/197 r 85; SR 1968/183 r 2; High Court Rules, r 126
(1) The statement of claim and notice of proceeding shall be served—
(a) As soon as practicable after they are filed; or
(b) Where directions as to service are sought, as soon as practicable after such directions have been given.
(2) Unless service is effected within 12 months after the day on which the statement of claim and notice of proceeding are filed or within such further time as the Court may allow, the proceeding shall be deemed to have been discontinued by the plaintiff against any defendant or other person directed to be served who has not been served.
Compare: SR 1948/197 r 111(1); High Court Rules, r 127
(1) The plaintiff may, before or after the expiration of the period referred to in rule 133 apply to the Court or the Registrar for an order extending that period in respect of any person (being a defendant or other person directed to be served) who has not been served.
(2) On an application under subclause (1), the Court or the Registrar, if satisfied that reasonable efforts have been made to effect service on that defendant or person, or for other good reason, may extend the period of service for 6 months from the date of the order and so on from time to time while the proceeding is pending.
Compare: SR 1948/197 r 111(2); High Court Rules, r 128
(1) A defendant who intends to defend the proceeding—
(a) Shall, within the number of days stated in the notice of proceeding, file in the office of the Court named in the notice a statement of his or her defence to the plaintiff's claim; and
(b) Shall serve a copy of the statement of defence on the plaintiff and any other party.
(2) [Revoked]
Compare: High Court Rules, r 129
Subclause (2) was revoked, as from 1 October 2001, by rule 4 District Courts Amendment Rules 2001 (SR 2001/221).
(1) The statement of defence shall either admit or deny the allegations of fact in the statement of claim but no defendant shall be required to plead to an allegation that does not affect that defendant.
(2) Where the defendant denies any allegation of fact in the statement of claim, the defendant must not do so evasively but must answer the point in substance. Thus, if it is alleged that the defendant received a sum of money, it shall not be sufficient to deny receipt of the particular amount, but the defendant must deny that the defendant received that sum or any part thereof, or set out how much the defendant received; and, when a matter is alleged with circumstances, it shall not be sufficient to deny it as alleged with those circumstances, but a fair and substantial answer must be given.
(3) Every allegation not denied shall be deemed to be admitted.
(4) Where an affirmative defence is intended, it shall be pleaded.
(5) The statement of defence shall give such particulars of time, place, amounts, names of persons, nature and dates of instruments, including the finance rate where appropriate, and other circumstances as may suffice to inform the Court, the plaintiff, and any other parties of the defendant's defence.
Compare: SR 1948/197 r 113; SR 1968/183 r 7(1); SR 1973/244 r 7; SR 1980/55 r 5(1), (2), (3), (4), (5); High Court Rules, r 130
Where a plaintiff sues on behalf of or for the benefit of others having the same interest, a defendant may avail himself or herself of any defence in respect of each person on whose behalf or for whose benefit the plaintiff sues which the defendant would have had against that person if he or she had been a plaintiff.
Compare: SR 1948/197 r 115
Where a plaintiff relies on the provisions of section 51 of the Act, and does not proceed against all of several persons jointly liable, every person sued may set up any defence or counterclaim which he or she would have been entitled to set up if all the persons liable had been made defendants.
Compare: SR 1948/197 r 116
(1) A defendant who objects to the jurisdiction of the Court to hear and determine the proceeding in which the defendant has been served may, within time limited for filing the defendant's statement of defence and instead of so doing, file and serve an appearance stating the defendant's objection and the grounds thereof.
(2) The filing and serving of an appearance under subclause (1) shall not be or be deemed to be a submission to the jurisdiction of the Court in the proceeding.
(3) A defendant who has filed an appearance under subclause (1) may apply to the Court to dismiss the proceeding on the ground that the Court has no jurisdiction to hear and determine it.
(4) On hearing an application under subclause (3), the Court—
(a) If it is satisfied that it has no jurisdiction to hear and determine the proceeding, shall dismiss the proceeding; but
(b) If it is satisfied that is has jurisdiction to hear and determine the proceeding, shall dismiss the application and set aside the appearance.
(5) At any time after an appearance has been filed under subclause (1), the plaintiff may apply to the Court by interlocutory application to set aside the appearance.
(6) On hearing an application under subclause (5), the Court—
(a) If it is satisfied that it has jurisdiction to hear and determine the proceeding, shall set aside the appearance; and
(b) If it is satisfied that it has no jurisdiction to hear and determine the proceeding, shall dismiss both the application and the proceeding.
(7) The Court, in exercising its powers under this rule, may do so on such terms and conditions as may be just and, in particular, on setting aside the appearance may enlarge the time within which the defendant may file and serve a statement of defence and may give such directions as may appear necessary regarding any further steps in the proceeding in all respects as though the application were an application for directions under rule 433 or rule 434.
(8) Where the appearance set aside has been filed in relation to a proceeding in which the plaintiff has applied for judgment under rule 152 or rule 153, the Court—
(a) Shall enlarge the time within which the defendant may file and serve—
(i) A notice of opposition; and
(ii) An affidavit by or on behalf of the defendant in answer to the affidavit by or on behalf of the plaintiff; and
(b) May, under subclause (7), give such other directions as appear necessary regarding any further steps in the proceeding.
Compare: High Court Rules, r 131; SR 1988/269 r 4
A defendant who does not oppose the plaintiff's claim but who desires to be heard on any ancillary matter (including costs) may, without filing a statement of defence, file and serve an appearance setting forth those matters and thereafter no matter therein specified shall be determined except on notice to that defendant.
Compare: High Court Rules, r 132
(1) A defendant who does not oppose the plaintiff's claim but who desires to reserve the defendant's rights in the event that any other person may become a party to the proceeding or that any person, already a party, may take some steps in the proceeding adverse to the defendant's interests, may, without filing a statement of defence, file and serve an appearance reserving those rights, and thereafter that defendant shall be entitled to be served with all documents relevant to the rights so reserved that may be filed in the proceeding by any person who is or may become a party thereto.
(2) A defendant who has filed an appearance under subclause (1) may at any time, by leave of the Court, file and serve a statement of defence and any other document within such time and upon such terms and conditions as may be prescribed by the Court when granting such leave.
Compare: High Court Rules, r 133
Form 8 or form 9 or form 10 may be used, as appropriate, for the purpose of entering an appearance under rules 139 to 141.
Compare: High Court Rules, r 134
(1) Rules 144 to 150 apply to every proceeding in which the plaintiff claims the recovery of land that is occupied solely by a person or persons (not being a tenant or tenants or subtenant or subtenants holding over after the termination of the tenancy or subtenancy) who entered into or remained in occupation without the plaintiff's licence or consent or that of any predecessor in title of the plaintiff.
(2) Nothing in this rule or in rules 144 to 150 limits the application, in relation to any proceeding for the recovery of land, of rules 152 to 167.
Compare: High Court Rules, r 134A; SR 1987/169 r 3
(1) In a proceeding to which this rule applies, the plaintiff shall, subject to subclause (2), name as a defendant in the statement of claim each person who is known to the plaintiff to be in occupation of the land.
(2) If the plaintiff does not know the name of any person in occupation of the land, the plaintiff may commence the proceeding without naming any person as defendant.
Compare: High Court Rules, r 134B; SR 1987/169 r 3
(1) In a proceeding to which this rule applies, the plaintiff shall file with the statement of claim an affidavit—
(a) Stating the interest of the plaintiff in the land; and
(b) Stating the circumstances in which the land has been occupied without licence or consent and in which the claim for recovery of the land arises; and
(c) If the statement of claim does not name any person as defendant, stating that the plaintiff does not know the name of any person in occupation of the land.
Compare: High Court Rules, r 134C; SR 1987/169 r 3
(1) In the case of a proceeding to which this rule applies,—
(a) The statement of claim; and
(b) The notice of proceeding; and
(c) A copy of the affidavit required by rule 145; and
(d) A copy of any exhibit referred to in the affidavit required by rule 145,—
shall be served on each defendant, if any, and on each person occupying the land who is not a defendant.
(2) In the case of a defendant, service shall be effected in accordance with rule 132.
(3) In the case of a person occupying the land who is not a defendant, service (except where the Court directs or permits a different mode of service) shall be effected—
(a) By affixing to some conspicuous part of the land the documents required to be served pursuant to subclause (1); and
(b) If practicable, by leaving in the letterbox or other receptacle for mail on the land the documents required to be served pursuant to subclause (1) (which documents shall be enclosed in a sealed envelope addressed to “The Occupiers”
).
Compare: High Court Rules, r 134D; SR 1987/169 r 3
Notwithstanding anything in rule 128(b), where service is effected in accordance with rule 146(3), the time within which the statement of defence is required to be filed shall be within 30 days after the day on which service is effected under rule 146(3).
Compare: High Court Rules, r 134E; SR 1987/169 r 3
In the case of any proceeding to which this rule applies, the Court may order that a person occupying the land to which the proceeding relates who is not a defendant be made a defendant or be added as a defendant, as the case may require.
Compare: High Court Rules, r 134F; SR 1987/169 r 3
Rule 464 shall not apply in respect of a proceeding to which t