This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 1 February 1998, amend the High Court Rules.
Rule 2 amends rule 22 to update the opening hours of the Court. Rule 22 requires courts to be open from 9.30 am to 4 pm but the actual opening hours are presently 8.30 am to 5 pm.
Rules 3, 4, 5, 12, and 13 amend rules to remove the words
“cause or matter”. The appropriate term is
“proceeding or interlocutory application”.
Rule 6 inserts new rule 383A, which provides for arbitration by consent during the course of a proceeding. The new rule is based on a recommendation in the Law Commission's Report on Arbitration (Report No 20, 1991).
Rule 7 amends rule 437 by providing for mediation or some other form of alternative dispute resolution to be ordered by consent before a proceeding is set down for trial.
Rule 8 amends rule 438 by providing for mediation or some other form of alternative dispute resolution to be ordered by consent during the course of a trial.
Rule 9 repositions old rule 724J and makes it a rule of general application. The new rule is inserted into Part III as rule 438A and provides for the appointment of counsel assisting the Court.
Rule 10 provides for judicial settlement conferences to be held by consent during a trial.
Rule 11 relates to the taking of affidavits. The rule replaces rule 521, with 3 main changes—
•the power of Justices of the Peace to take affidavits in New Zealand is extended, by abolishing the 8 km rule in rule 521
•barristers are authorised to take affidavits, provided they hold an appropriate practising certificate
•partners in, or solicitors employed or engaged by, the same firm as the solicitor of a party to the proceeding are prohibited from taking affidavits in contentious proceedings.
Rule 14 deals with extraordinary remedies. The new rules substituted by rule 14—
•remove definitions of the content of the writs
•remove references to tribunals being
“constituted by or under any Act”
•remove references to the duty to act judicially.
Rule 15 replaces rule 706 and relates to the content of a notice of appeal. The changes introduced by the new rule are—
Rule 16 adds new Part 14, which replaces the Admiralty Rules 1975. The main changes are—
•the writ of summons is replaced with a notice of proceeding
•rule 769(4) provides that an action is commenced when the notice of proceeding is filed
•rule 770(3) applies rules 219 to 227 where an action in personam has to be served outside New Zealand
•rule 771(6) requires the use of a new form where the proceeding is both in rem and in personam
•rule 772 dispenses with the former service requirement that a notice of proceeding be attached to the property for a short time
•rule 773(6) allows a conditional appearance to be entered as of right
•rule 774(2)(a) requires a statement of claim to be full and explicit
•rule 775(2) requires the long vacation to be disregarded for the purposes of calculating the time limit for serving a statement of defence
•the old rule 14, which provided for trial without pleadings, has not been carried over
•rule 776(5) provides for the review of securities given to Registrars in support of applications or warrants for arrest
•rule 781 simplifies the rule about the giving of securities in admiralty proceedings and, in particular, it provides for the Court to determine such matters and requires a person who gives a security to submit to the Court's jurisdiction if the person is not ordinarily resident in New Zealand
•rule 787 applies rules 459 to 470 to judgment by default in proceedings in personam
•the former rule 32, which provided for the consolidation of proceedings, has not been carried over and that subject is now covered by rule 382
•the former rule 33, which provided for the appointment of Court experts, has not been carried over and that subject is now covered by rules 324 to 330
•the former rule 37, which related to costs in admiralty proceedings, has not been carried over
•rule 795 provides for Registrars to seek assistance from the Court and provides for the review of decisions of Registrars.
Rule 17 adds new admiralty forms to the First Schedule.
Rule 18 consequentially amends forms 6, 7, 8, 13, 49, and 64C to update the reference in them to the opening hours of the Court.
Rule 19 contains consequential revocations.