District Courts Amendment Rules 2001

  • revoked
  • District Courts Amendment Rules 2001: revoked, on 1 November 2009, pursuant to rule 17.1 of the District Courts Rules 2009 (SR 2009/257).

Reprint
as at 1 November 2009

District Courts Amendment Rules 2001

(SR 2001/221)

  • District Courts Amendment Rules 2001: revoked, on 1 November 2009, pursuant to rule 17.1 of the District Courts Rules 2009 (SR 2009/257).


Note

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 for Courts.


Pursuant to section 122 of the District Courts Act 1947, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Chief District Court Judge and at least 2 other members of the Rules Committee (of whom at least 1 was a District Court Judge), makes the following rules.

1 Title
  • (1) These rules are the District Courts Amendment Rules 2001.

    (2) In these rules, the District Courts Rules 19921 are called the principal rules.

2 Commencement
  • These rules come into force on 1 October 2001.

3 New rule 14 substituted
  • The principal rules are amended by revoking rule 14, and substituting the following rule:

    14 Certain days excluded
    • (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.

4 Filing and service of statement of defence
  • Rule 135 of the principal rules is amended by revoking subclause (2).

5 New rule 155 substituted
  • The principal rules are amended by revoking rule 155, and substituting the following rule:

    155 Service out of New Zealand
    • A plaintiff who makes an application under rule 152 or rule 153 must serve the documents specified in rule 154(4) on a defendant who is overseas,—

      • (a) if the defendant is served in the Commonwealth of Australia, not less than 21 days before the date for hearing the application:

      • (b) if the defendant is served elsewhere, not less than 35 days before the date for hearing the application.

6 New rule 157 substituted
  • The principal rules are amended by revoking rule 157, and substituting the following rule:

    157 Time for service
    • (1) The documents specified in rule 154(4) must be served on the other party to the proceeding not less than 21 days before the date for hearing the application.

      (2) This rule is subject to rule 155.

7 Memorandum (general form)
  • Form 5 in Schedule 1 of the principal rules is amended by omitting clause 5, and substituting the following clause:

    5
    • In calculating the time for filing your statement of defence you must disregard the period that commences with 25 December and ends with 15 January. [This paragraph must be deleted if it conflicts with a direction by the Court.]

Marie Shroff,

Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 30 August 2001.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the District Courts Amendment Rules 2001. It incorporates all the amendments to the rules as at 1 November 2009. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • District Courts Rules 2009 (SR 2009/257): rule 17.1


  • 1 SR 1992/109