District Courts Amendment Rules (No 3) 2002

  • revoked
  • District Courts Amendment Rules (No 3) 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 (No 3) 2002

(SR 2002/394)

  • District Courts Amendment Rules (No 3) 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 (No 3) 2002.

    (2) In these rules, the District Courts Rules 1992 SR 1992/109 are called the principal rules.

2 Commencement
  • These rules come into force on 3 February 2003.

3 Application of rules
  • Rule 2 of the principal rules is amended by inserting, after subclause (1), the following subclause:

    • (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.

4 Search of Court records generally
  • (1) Rule 69 of the principal rules is amended by inserting, before subclause (1), the following subclause:

    • (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).

    (2) Rule 69(4) of the principal rules is amended by revoking paragraphs (b), (d), and (k).

5 Requirements as to notice of proceeding
  • Rule 127(4) of the principal rules is amended by omitting the words or form 6.

6 Application of this Part to proceedings under certain Acts
7 Rule 440A revoked
8 Rule 443 revoked
  • Rule 443 of the principal rules is revoked.

9 Directions as to service
  • Rule 444(3) of the principal rules is revoked.

10 Rules 446 and 447 revoked
11 Evidence
  • Rule 448(2)(a) of the principal rules is revoked.

12 Rule 449 revoked
  • Rule 449 of the principal rules is revoked.

13 Statement of defence to be filed
  • Rule 451(1) of the principal rules is amended by omitting the words or of any claimant under rule 446.

14 First Schedule amended
  • The First Schedule of the principal rules is amended—

    • (b) by omitting from form 7 the words or form 6.

Marie Shroff,

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 (No 3) 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