(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.

(1) In these rules, unless the context otherwise requires,—

(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,—

These rules shall be so construed as to secure the just, speedy, and inexpensive determination of any proceeding or interlocutory application.

(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.

(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.

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.

(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.

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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

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.

(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).

(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.

(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.

(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.

Each sheet of paper shall be of International size A4.

(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.

(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.

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.

(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.

(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.

(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.

(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.

(2) Form 1 shall be used for the purposes of subclause (1).

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.

(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.

(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.

Numbers shall be expressed in figures and not in words.

(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.

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.

(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.

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.

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.

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.

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.

(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.

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.

(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.

(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.

(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.

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.

(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.

(2) Rules 46 to 47G apply subject to subclause (1).

(3) This rule is subject to the provisions of any Act.

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.

(1) For the purposes of rule 46(b), proceedings must be classified as falling within 1 of the following categories:

(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.

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.

(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.

(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.

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.

(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.

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.

(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.

(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.

(2) Subclauses (4) and (5)—

• (a) apply subject to subclause (1); and

• (b) do not limit rule 47C or rule 47D.

(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.

(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.

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.

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.

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.

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.

A solicitor who is a party to a proceeding and acts in person shall be entitled to solicitors' costs.

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.

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.

(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.

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.

No charge shall be allowed on taxation for the preparation or service of the bill of costs or any copy thereof.

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.

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.

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.

(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.

(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).

A solicitor shall not be accepted as surety for his or her client to any security given under rule 62.

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.

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.

(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.

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.

(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.

(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.

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.

(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]

• (e) The Alcoholism and Drug Addition Act 1955:

• (f) The Mental Health Act 1969:

• (fa) the Mental Health (Compulsory Assessment and Treatment) Act 1992:

• (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.

(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.

(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.

(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.

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.

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.

(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.

(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.

(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.

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.

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.

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.

(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.

(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.

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.

For the purposes of these rules,—