This note is not part of the rules, but is intended to indicate their general effect.
These rules amend the High Court Rules. Except for rule 2 (which comes into force on 1 July 1995), these rules come into force on 1 August 1995.
Rule 2: The amendments made by this rule are consequential upon the Department of Justice (Restructuring) Act 1995. These amendments (which come into force on 1 July 1995) replace the existing references in the High Court Rules to the Secretary for Justice with references to the chief executive of the Department for Courts.
Rule 3 extends the time within which a party served with a notice for discovery must comply with it.
Under the existing rule 294(a) the time allowed for compliance with a notice for discovery must be not less than 14 days after the day on which the notice for discovery is served on the party required to give discovery or, if the party served with the notice is resident out of New Zealand, 28 days after that day. The amendment extends the time allowed for compliance. The amendment provides that the time allowed for compliance must be not less than 28 days or, if the person served with the notice is resident out of New Zealand, 42 days.
Rule 4 revokes rule 602 of the High Court Rules, and substitutes a new rule. The existing rule provides that if both land and chattels belonging to the same person are taken in execution under the same writ of sale, the officer executing the writ shall, unless that person otherwise desires, cause the chattels to be sold first.
The new rule provides that, notwithstanding the order of sale specified in subclause (1) of the rule and notwithstanding the desires of the person to whom the land and chattels belong, the Court may direct—
Rule 5 inserts into Part 10 of the High Court Rules (which relates to appeals to the High Court) a new rule 703A. The new rule provides that, for the purpose of ensuring that any appeal or intended appeal may be determined in a convenient and expeditious manner, and that all matters in dispute may be effectively and completely determined, a Judge may at any time, either on the application of any party or intended party or without any such application, and on such terms as that Judge thinks fit, direct the holding of a conference of parties or intended parties or their counsel presided over by a Judge.
Rule 6 revokes subclause (4) of rule 707 of the High Court Rules and thus does away with the requirement that where an appeal from a decision of the Land Valuation Tribunal is filed in the office of a District Court, the Registrar of that District Court shall forthwith send a copy of the notice of appeal to the Registrar of the High Court at Wellington who is then required, subject to the directions given by the Chief Justice, to arrange for the hearing.