District Courts Amendment Rules 2002

  • revoked
  • District Courts Amendment Rules 2002: 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 2002

(SR 2002/133)

  • District Courts Amendment Rules 2002: 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 Ministry of Justice and 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 2002.

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

2 Commencement
  • These rules come into force on 1 July 2002.

3 New rule 44 substituted
  • The principal rules are amended by revoking rule 44, and substituting the following rule:

    44 Change of representation or address for service
    • (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.

4 New form 3 substituted in Schedule 1
  • Schedule 1 of the principal rules is amended by revoking form 3, and substituting the form set out in the Schedule.


Schedule
New form 3 substituted in Schedule 1 of principal rules

r 4

Form 3
Notice of change of representation or address for service

r 44

(General heading—Form 1 and endorsement)
Take notice that— 
*the solicitor for the plaintiff (or defendant or third party) is now [name and address of solicitor and the solicitor's firm, if any].
*the plaintiff (or defendant or third party) now acts in person in place of [name and address of previous solicitor and the solicitor's firm, if any].
*the address for service of the plaintiff (or defendant or third party) is now [address complying with the definition of the term address for service in rule 3 of the District Courts Rules 1992].
Dated this                     day of                     20    .
   
  Plaintiff or Defendant or Third Party
  [If this document notifies a change of solicitor, it must be signed by the party personally or by the party's attorney.]
To:The Registrar of the District Court at
 and to [name of other party to proceeding].
*Delete if inapplicable. 

Diane Wilderspin,

Acting for Clerk of the Executive Council.


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


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 2002. 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