High Court Amendment Rules (No 2) 2002

2002/410

High Court Amendment Rules (No 2) 2002


Note

These rules are administered in the Ministry of Justice and the Department for Courts.


Pursuant to section 51C of the Judicature Act 1908, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice and at least 2 of the other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules.

Contents


1 Title
  • (1) These rules are the High Court Amendment Rules (No 2) 2002.

    (2) In these rules, the High Court Rules from time to time set out in the Second Schedule of the Judicature Act 1908 are called the High Court Rules.

2 Commencement
  • These rules come into force on 1 February 2003.

3 Office hours
  • Rule 22 of the High Court Rules is amended by omitting the expression 8.30 a.m. to 5 p.m., and substituting the expression 9 am to 5 pm.

4 New rule 41 substituted
  • The High Court Rules are amended by revoking rule 41, and substituting the following rule:

    41 Authority to file documents
    • No solicitor may file a document on behalf of a party unless the solicitor is—

      • (a) authorised by, or on behalf of, the party to file the document; and

      • (b) the holder of a current practising certificate as a solicitor or as a barrister and solicitor issued under section 56 of the Law Practitioners Act 1982.

5 New rule 48H inserted
  • The High Court Rules are amended by inserting, after rule 48G, the following rule:

    48H Disbursements
    • (1) In this rule, disbursement, in relation to a proceeding,—

      • (a) means an expense paid or incurred for the purposes of the proceeding that would ordinarily be charged for separately from professional services in a solicitor's bill of costs; and

      • (b) includes—

        • (i) fees of Court for the proceeding:

        • (ii) expenses for serving documents for the purposes of the proceeding:

        • (iii) expenses for photocopying documents required by these rules or by a direction of the Court:

        • (iv) expenses of conducting a conference by telephone or video link; but

      • (c) does not include counsel's fee.

      (2) A disbursement may be included in the costs awarded for a proceeding to the extent that the disbursement is—

      • (a) of a class that is either—

        • (i) approved by the Court for the purposes of the proceeding; or

        • (ii) specified in subclause (1)(b); and

      • (b) specific to the conduct of the proceeding; and

      • (c) necessary for the conduct of the proceeding; and

      • (d) reasonable in amount.

      (3) A Judge or Master may direct a Registrar to exercise the powers of the Court under this rule.

6 New rule 55 substituted
  • The High Court Rules are amended by revoking rule 55, and substituting the following rule:

    55 Taxation of disbursements
    • On taxation, all disbursements claimed (being disbursements that may be included in an award of costs under rule 48H(2)) must be proved to the satisfaction of the Registrar.

7 Transitional provision
  • (1) Whenever the question arises whether disbursements paid or invoiced before the commencement of these rules are to be included in an award of costs, the question must be determined as if these rules had not been made.

    (2) If the application of subclause (1) would, in the opinion of the Court, lead to an unjust result, the Court may have regard to rule 48H of the High Court Rules.

8 New rules 82 to 94B substituted
  • The High Court Rules are amended by revoking rules 82 to 94, and substituting the following rules:

    82 Incapacitated person and litigation guardian defined
    • For the purposes of these rules,—

      incapacitated person means—

      • (a) a person who is a minor within the meaning of section 4 of the Age of Majority Act 1970:

      • (b) a person who is subject to a compulsory treatment order under the Mental Health (Compulsory Assessment and Treatment) Act 1992:

      • (c) a person who is subject to an order under section 10(1)(i) or section 31 of the Protection of Personal and Property Rights Act 1988:

      • (d) a person whose property is managed by a trustee corporation under section 32 or section 33 of the Protection of Personal and Property Rights Act 1988

      litigation guardian

      • (a) means—

        • (i) a person who is authorised or who has the power under the Protection of Personal and Property Rights Act 1988 to conduct a proceeding; or

        • (ii) a person who is appointed under rule 85 to conduct a proceeding; and

      • (b) has the same meaning as the expression guardian ad litem.

    83 Representation of incapacitated person by litigation guardian
    • (1) An incapacitated person must have a litigation guardian as his or her representative in any proceeding.

      (2) This rule is subject to rule 84.

    84 Incapacitated person who may conduct proceeding in own name
    • (1) An incapacitated person who is permitted by statute to conduct a proceeding in his or her name may elect to conduct a proceeding in his or her own name or to have a litigation guardian represent him or her.

      (2) An incapacitated person who is not permitted by statute to conduct a proceeding in his or her own name, but who wishes to conduct a proceeding in his or her own name, may apply to the Court to conduct the proceeding without a litigation guardian.

      (3) On an application under subclause (2), the Court may allow the incapacitated person to conduct the proceeding in his or her own name if it is satisfied that the incapacitated person is capable of making the decisions required, or likely to be required, in that proceeding.

      (4) Rules 85 to 94B do not apply to an incapacitated person who elects to conduct a proceeding in his or her own name or is allowed by the Court to conduct a proceeding in his or her own name.

    85 Appointment of litigation guardian
    • (1) This rule applies if no person has been authorised or has the power under the Protection of Personal and Property Rights Act 1988 to conduct the proceeding.

      (2) A person may be appointed as a litigation guardian for an incapacitated person if—

      • (a) the person is able fairly and competently to conduct proceedings on behalf of the incapacitated person; and

      • (b) the person's interests are not adverse to those of the incapacitated person; and

      • (c) the person consents to being a litigation guardian.

      (3) The Court may, on its own initiative or on an ex parte application made at any time by any person, appoint as a litigation guardian a person who satisfies the conditions in subclause (2).

      (4) In deciding whether to appoint a litigation guardian, the Court may have regard to any matters that it considers appropriate, including the views of the incapacitated person.

    86 Notification of appointment
    • A litigation guardian who is authorised or who has the power under the Protection of Personal and Property Rights Act 1988 to conduct the proceeding must file a copy of the order or other document that empowers the litigation guardian to conduct the proceeding at the same time as the first document relating to the proceeding is filed.

    87 Powers of litigation guardian
    • A litigation guardian may do anything in relation to a proceeding that could be done by the incapacitated person if he or she were not an incapacitated person.

    88 Heading on documents if incapacitated person represented by litigation guardian
    • The heading of every document filed in a proceeding in which an incapacitated person is represented by a litigation guardian must state the name of the incapacitated person followed by the words by his/her litigation guardian and the name of the litigation guardian.

    89 Service of documents
    • (1) This rule applies if an incapacitated person does not have a solicitor acting for him or her.

      (2) A party who wishes to serve a document in a proceeding on a person who that party knows is an incapacitated person who has a litigation guardian must serve the document on the litigation guardian. Service on the litigation guardian is valid service.

      (3) A party who wishes to serve a document in a proceeding on a person who that party knows is an incapacitated person but without knowing whether that incapacitated person has a litigation guardian or without knowing the identity of that incapacitated person's litigation guardian—

      • (a) may apply to the Court for the appointment of a litigation guardian under rule 85(3); and

      • (b) may apply for directions as to service; and

      • (c) must serve any documents in the proceeding in accordance with any directions as to service.

      (4) In every other case, service on an incapacitated person in accordance with the requirements of these rules for the service of documents is valid service.

    90 Representation of incapacitated person by litigation guardian to be disregarded in making award of costs
    • The fact that an incapacitated person is, or has been, represented by a litigation guardian must be disregarded in making an award of costs under these rules in favour of or against the incapacitated person.

    91 Award of costs enforceable against incapacitated person or litigation guardian
    • (1) Unless the Court otherwise orders, an award of costs made against an incapacitated person may be enforced against—

      • (a) the incapacitated person; or

      • (b) the person who is the litigation guardian of the incapacitated person at the time the costs determination is made; or

      • (c) a person against whom an order for indemnity or contribution has been made under rule 92(1) to the extent of the amount of the indemnity or contribution; or

      • (d) any of those persons.

      (2) Unless the Court orders otherwise, a litigation guardian is entitled to be reimbursed out of the property of the incapacitated person for any costs paid by the litigation guardian under subclause (1)(b), (c), or (d).

    92 Liability of former litigation guardian for costs subsequently awarded against incapacitated person
    • (1) The Court may make an order—

      • (a) directing a person who has ceased to be a litigation guardian of an incapacitated person (former litigation guardian) to indemnify the incapacitated person or the current litigation guardian of the incapacitated person for any costs subsequently awarded against the incapacitated person in relation to any steps taken in the proceeding by the former litigation guardian:

      • (b) directing a former litigation guardian to indemnify the incapacitated person or the current litigation guardian of the incapacitated person on a basis specified by the Court for any costs subsequently awarded against the incapacitated person in relation to any steps taken in the proceeding after the former litigation guardian ceased to be the litigation guardian:

      • (c) directing the former litigation guardian to make a contribution to the costs referred to in paragraph (a) or paragraph (b):

      • (d) declaring that the former litigation guardian is not liable for any of the costs referred to in paragraph (a) or paragraph (b).

      (2) A former litigation guardian may be required by an incapacitated person or by the current litigation guardian of the incapacitated person to satisfy any order made under subclause (1)(a), (b), or (c).

      (3) The Court may, on the application of a former litigation guardian, declare that the former litigation guardian is not liable to comply with an order made under subclause (1)(a), (b), or (c) if the Court is satisfied that, having regard to circumstances occurring after the order was made, it is no longer just that the former litigation guardian should have to comply with the order.

    93 Litigation guardian may be reimbursed out of property of incapacitated person for costs
    • Unless the Court otherwise orders, a litigation guardian is entitled to be reimbursed out of the property of the incapacitated person for any costs (including any solicitor and client costs) paid or incurred or to be paid or incurred by the litigation guardian on behalf of the incapacitated person.

    94 Retirement, removal, or death of litigation guardian
    • (1) A litigation guardian may not retire without the leave of the Court.

      (2) Unless the Court orders otherwise, the appointment of a litigation guardian under rule 85 ends if another person is subsequently authorised or empowered under the Protection of Personal and Property Rights Act 1988 to conduct the proceeding.

      (3) A litigation guardian may be removed by the Court on sufficient cause being shown.

      (4) In the case of retirement, removal, or death of a litigation guardian, no further step may be taken in the proceeding until another litigation guardian has been appointed for the incapacitated person.

    94A Effect of ceasing to be incapacitated person
    • (1) If a person ceases to be an incapacitated person, all subsequent steps in the proceeding must be carried on by that person.

      (2) If a person who has ceased to be an incapacitated person continues the proceeding, that person is liable for all the costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced the proceeding or had become a party to the proceeding when he or she was not an incapacitated person.

    94B Court may set aside any step in proceeding
    • The Court may set aside a step in a proceeding if, when that step was taken, the incapacitated person did not have a litigation guardian and the Court considers that the incapacitated person was unfairly prejudiced.

9 Rules 203 and 204 revoked
  • The High Court Rules are amended by revoking rules 203 and 204.

10 Additional jurisdiction of certain Registrars
  • Rule 271 of the High Court Rules is amended by revoking paragraphs (d) and (e), and substituting the following paragraph:

    • (d) rule 85(3):.

11 Directions as to service
  • Rule 451 of the High Court Rules is amended by revoking subclause (5), and substituting the following subclause:

    • (5) On an application under this rule, the Court may make any orders for service or representation that it considers proper, and, in particular, it may make orders with regard to the representation of incapacitated persons, without the appointment of a litigation guardian under rule 85(3) if it considers it is not necessary to appoint one.

12 Application of rules 8 to 11 to existing proceedings
  • (1) Rules 8 to 11 apply to a proceeding commenced before the coming into force of these rules that has not been set down for hearing.

    (2) Rules 8 to 11 do not apply to a proceeding that has, before the coming into force of these rules, been set down for hearing.

    (3) The High Court Rules, as in force immediately before the coming into force of these rules, continue to apply to a proceeding that has, before the coming into force of these rules, been set down for hearing.

13 New rules 474 to 476E substituted
  • The High Court Rules are amended by revoking rules 474 to 476, and substituting the following rules:

    474 Interpretation
    • For the purposes of rules 475 to 476E, a reference to discontinuing a proceeding means discontinuing a proceeding against 1 or more defendants.

    475 Right to discontinue proceeding
    • (1) A plaintiff may, at any time before the giving of judgment or a verdict, discontinue a proceeding by—

      • (a) filing a notice of discontinuance and serving a copy of the notice on every other party to the proceeding; or

      • (b) orally advising the Court at the hearing of the discontinuance.

      (2) A notice of discontinuance under subclause (1)(a) must be in form 34E.

      (3) This rule is subject to rule 476.

    476 Restrictions on right to discontinue proceeding
    • (1) A plaintiff may discontinue a proceeding only with the leave of the Court if—

      • (a) the Court has granted an interim injunction or made an interim order under rule 627B or, in the case of an application for review under section 4 of the Judicature Amendment Act 1972, made an interim order under section 8 of that Act; or

      • (b) a party to the proceeding has given an undertaking to the Court.

      (2) A plaintiff to whom an interim payment has been made, whether voluntarily or under an order made under rule 346C or rule 346D, may discontinue the proceeding only with the written consent of the party by whom the payment was made or with the leave of the Court.

      (3) A plaintiff may discontinue a proceeding in which there is more than 1 plaintiff only with the consent of every other plaintiff or with the leave of the Court. If the plaintiff files a notice of discontinuance under rule 475(1)(a), the consent of every other plaintiff must be in writing.

      (4) If there is more than 1 defendant in a proceeding, a plaintiff may discontinue a proceeding against a particular defendant only with the consent of every other defendant or with the leave of the Court. If the plaintiff files a notice of discontinuance under rule 475(1)(a), the consent of every other defendant must be in writing.

    476A Effect of discontinuance
    • (1) A proceeding ends against a defendant or defendants, as the case may be, on—

      • (a) the filing and service of a notice of discontinuance under rule 475(1)(a); or

      • (b) the giving of oral advice of the discontinuance at the hearing under rule 475(1)(b); or

      • (c) the making of an order under rule 476.

      (2) The discontinuance of a proceeding does not affect the determination of costs.

      (3) This rule is subject to rule 476B.

    476B Court may set discontinuance aside
    • (1) The Court may, on the application of a defendant against whom a proceeding is discontinued, make an order setting the discontinuance aside if it is satisfied that the discontinuance is an abuse of the process of the Court.

      (2) An application under subclause (1) must be made within 30 days after discontinuance under rule 475(1).

    476C Costs
    • Unless the defendant otherwise agrees or the Court otherwise orders, a plaintiff who discontinues a proceeding against a defendant must pay costs to the defendant of and incidental to the proceeding up to and including the discontinuance.

    476D Restriction on subsequent proceedings
    • A plaintiff who discontinues a proceeding (proceeding A) against a defendant may not commence another proceeding (proceeding B) against the defendant if proceeding B arises out of facts that are the same or substantially the same as those relating to proceeding A unless the plaintiff has paid any costs ordered to be paid to the defendant under rule 476C relating to proceeding A.

    476E Certain remedies not affected
    • If a plaintiff discontinues a proceeding in which a defendant has issued a third party notice under rules 154 to 162 or has filed a notice under rules 163 to 168, the discontinuance does not affect the continuation of the proceeding in relation to the third party notice or the notice filed under rules 163 to 168.

14 Consequential amendments
  • The High Court Rules are amended—

    • (a) by revoking rule 441L; and

    • (b) by revoking rules 489 to 491 and the heading above those rules.

15 Service of notice of proceeding in action in rem
  • (1) Rule 772(1) of the High Court Rules is amended by omitting from paragraphs (a), (b), and (e) the word , freight, in each place where it appears.

    (2) Rule 772(5) of the High Court Rules is amended by inserting, after the words solicitor for, the words a person interested in.

16 Warrant of arrest
  • Rule 776(4)(a) of the High Court Rules is amended by adding the following subparagraph:

    • (vi) any other relevant information known to the applicant at the time the application is made; and.

17 New rule 776A inserted
  • The High Court Rules are amended by inserting, after rule 776, the following rule:

    776A Application for directions concerning property under arrest
    • (1) The Registrar or any party to an action in rem may apply to the Court for directions concerning any property under arrest (including directions for the removal of the property).

      (2) The person applying must give notice of the application to all parties to the action unless the Court orders otherwise.

18 Caveat against release and payment
  • (1) Rule 779 of the High Court Rules is amended by revoking subclause (1), and substituting the following subclauses:

    • (1) A person may prevent the release of property under arrest in an action in rem or the payment out of Court of any money in Court representing the proceeds of sale of that property, or both that release and that payment, by filing in the Central Registry a request in form 79.

    • (1A) On the filing of the request, the Registrar must enter in the Register of Admiralty Proceedings a caveat against the issue of a release for that property or, as the case may be, against the payment out of Court of that money, or against both that release and that payment.

    • (1B) The caveator must serve a copy of the caveat on every party to the action.

    (2) Rule 779 of the High Court Rules is amended by revoking subclause (5).

19 Discharge of cargo under arrest from ships not under arrest and of cargo not under arrest
  • Rule 780(1) of the High Court Rules is amended by omitting the expression rule 779(5), and substituting the expression rule 776A.

20 New rule 783 substituted
  • The High Court Rules are amended by revoking rule 783, and substituting the following rule:

    783 Interveners
    • (1) If property against which an action in rem is brought is under arrest or money representing the proceeds of sale of that property is in Court, a person who has an interest in that property or money but who is not a defendant to the action may intervene in the action.

      (2) The intervener must file papers appropriate to the proceeding and serve those papers on every other party.

21 Preliminary acts to be filed in collision cases
  • Rule 785 of the High Court Rules is amended by revoking subclause (5), and substituting the following subclause:

    • (5) If the Court orders that the preliminary acts be opened, the Court may also order that the action be tried without pleadings.

22 New form 34E inserted in First Schedule
  • The First Schedule of the High Court Rules is amended by inserting, after form 34D, the form 34E set out in the Schedule.

23 Third Schedule amended
  • The Third Schedule of the High Court Rules is amended by revoking item 12.

24 Consequential amendments to forms
  • The First Schedule of the High Court Rules is consequentially amended by omitting from forms 6, 7, 8, 13, 49, and 64C the expression 8.30 a.m. to 5 p.m. wherever it appears, and substituting the expression 9 am to 5 pm.


Schedule
New form 34E inserted in First Schedule of High Court Rules

r 22

Form 34E
Notice of discontinuance

r 475

(General heading—Form 1 and endorsement)
Take notice that [name of plaintiff discontinuing proceeding] discontinues this proceeding against [name of the defendant or, if there is more than 1 defendant, the names of the defendants or the names of the defendants against whom the plaintiff discontinues the proceeding].
*Copies of the written consents of the plaintiffs who are required under rule 476(3) of the High Court Rules to consent to this discontinuance are attached to this notice.
*Copies of the written consents of the defendants who are required under rule 476(4) of the High Court Rules to consent to this discontinuance are attached to this notice.
*The High Court has granted leave to the plaintiff to discontinue this proceeding.
*Delete if inapplicable.
Dated this ....... day of ............. 20...
 
(Solicitor for) Plaintiff
To the Registrar of the High Court at    and to [name of other parties to proceeding].

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules amend the High Court Rules. The rules come into force on 1 February 2003. The principal changes relate to—

  • the authority of a solicitor to file documents (new rule 41):

  • disbursements (new rule 48H):

  • representation of minors and mentally disordered persons (new rules 82 to 94B):

  • a single procedure for discontinuance that replaces the existing rules for discontinuance and nonsuit (new rules 474 to 476E).

The rules also amend Part 14 of the High Court Rules relating to proceedings in Admiralty. Similar amendments are made to the District Courts Rules 1992 by the District Courts Amendment Rules (No 4) 2002.

Rule 3 changes the office hours of the High Court from 8.30 am to 5 pm to 9 am to 5 pm.

Rule 4 substitutes a new rule 41 in the High Court Rules, which relates to authority to file documents. Under existing rule 41, a solicitor may not file a document unless the solicitor is in practice on his or her own account or a principal in a firm of solicitors. The rule also authorises certain solicitors employed by the Crown Law Office, Public Trust, government departments, and corporations to file documents. The new rule will authorise any solicitor who holds a practising certificate as a solicitor or as a barrister and solicitor to file documents.

Rule 5 inserts a new rule 48H into the High Court Rules, which relates to disbursements. The Third Schedule of the High Court Rules currently lists certain specific disbursements that may be recovered as part of an award of costs. New rule 48H expressly allows disbursements as a recoverable cost. The rule defines disbursements as expenses paid or incurred for the purposes of a proceeding that would ordinarily be charged for separately from professional services in a solicitor's bill of costs. It specifically includes court fees, fees for service of documents, photocopying, and telephone and video link conference expenses. Counsel's fees are expressly excluded. Disbursements may be recovered if they either are of a class approved by the Court or come within 1 of the specific categories. They must also be specific to the proceeding, necessary to the conduct of the proceeding, and reasonable in amount. A Registrar may, if directed, exercise the powers of a Judge or Master under the rule.

Rule 6 substitutes a new rule 55 in the High Court Rules, which relates to the taxation of disbursements, as a consequence of the new rule 48H.

Rule 7 is a transitional rule relating to disbursements. It provides that any question whether disbursements paid or invoiced before the commencement of the rules are to be included in an award of costs is to be decided in accordance with the High Court Rules as in force before the commencement of the rules. However, if the Court considers that a determination on that basis would lead to an unjust result, the question may be decided under new rule 48H.

Rule 8 replaces rules 82 to 94 of the High Court Rules, which relate to representation in proceedings of minors and persons who are mentally disordered, with new rules 82 to 94B. The new rules apply to an incapacitated person, that is,—

The key features of the new rules are as follows:

  • an incapacitated person is required to have a litigation guardian as his or her representative in a proceeding in the High Court unless the incapacitated person is authorised to conduct the proceeding in his or her own name (new rules 83 and 84):

  • a litigation guardian may be either a person authorised under the Protection of Personal and Property Rights Act 1988 to conduct a proceeding or a person appointed by the Court (new rules 82 and 85):

  • a litigation guardian may do anything in relation to a proceeding that could be done by an incapacitated person if he or she were not incapacitated (new rule 87):

  • special provisions apply to the service of documents in proceedings in which an incapacitated person is a party (new rule 89):

  • the fact that an incapacitated person is represented by a litigation guardian must be disregarded in any award of costs (new rule 90):

  • an award of costs may be enforced against an incapacitated person or a litigation guardian or, in certain circumstances, against a former litigation guardian (new rules 91 and 92):

  • a litigation guardian is entitled to be reimbursed out of the property of an incapacitated person for any costs paid or incurred by the litigation guardian in conducting the proceeding (new rule 93):

  • a litigation guardian may not cease to be a litigation guardian without the leave of the Court and, if a litigation guardian retires, is removed, or dies, no further step may be taken in the proceeding unless a replacement is appointed (new rule 94):

  • if a person ceases to be an incapacitated person, subsequent steps in the proceeding must be carried on by that person and he or she becomes liable for all the costs of the proceeding (new rule 94A).

Rules 9, 10, and 11 make consequential amendments to other rules.

Rule 12 is a transitional provision relating to litigation guardians. The new rules relating to litigation guardians apply to an existing proceeding only if the proceeding has not been set down for hearing when the new rules come into force. If the proceeding has been set down for hearing, the new rules will not apply. Instead, the High Court Rules as in force before the commencement of the new rules will continue to apply.

Rules 13 and 14 replace rules 474 to 476 (relating to discontinuance) and rules 489 to 491 (relating to nonsuit) of the High Court Rules with a single procedure for discontinuance. The key features of the new discontinuance procedure are as follows:

  • a plaintiff may discontinue a proceeding at any time before judgment or a verdict by filing a notice of discontinuance or by orally advising the Court at the hearing (new rule 475):

  • in certain circumstances leave of the Court or the consent of the other parties is required (new rule 476):

  • discontinuance brings the proceeding to an end (new rule 476A):

  • the Court may set a discontinuance aside if satisfied the discontinuance was an abuse of the process of the Court (new rule 476B):

  • a plaintiff who discontinues a proceeding is liable for the defendant's costs (new rule 476C):

  • a plaintiff who discontinues a proceeding may not commence another proceeding on the same or substantially the same facts unless the plaintiff pays any costs ordered to be paid to the defendant (new rule 476D).

Rules 15 to 21 amend a number of the High Court Rules relating to proceedings in Admiralty.

Rule 15 removes references to the term freight in rule 772(1)(a), (b), and (e). In the admiralty context, the term freight means monetary consideration. In paragraphs (a), (b), and (e), the term is used as the equivalent of cargo and is inappropriate.

Rule 16 amends rule 776(4)(a) to make it clear that an affidavit in support of an application for a warrant of arrest must, in addition to the information specified in that paragraph, contain other information known to the applicant at the time of the application.

Rule 17 inserts a new rule 776A into the High Court Rules. The new rule restates rule 779(5) of the High Court Rules as a separate rule. The new rule is relocated after rule 776, to which it more directly relates, in line with the observations in McGechan on Procedure (HR779.07). New rule 776A allows the Registrar and parties to an action in rem to apply to the Court for directions relating to property under arrest.

Rule 18 amends rule 779 in 2 respects. Firstly, a request to prevent the release of property under arrest or the payment out of Court of the proceeds of sale of property under arrest, or both, must now be filed in the Central Registry, that is, the Wellington Registry of the Court. Second, a caveator will now be required to serve on the other parties to the action a copy of the caveat entered by the Registrar in the Register of Admiralty Proceedings.

Rule 19 is a consequential amendment as a result of the new rule 776A.

Rule 20 amends rule 783 of the High Court Rules. Rule 783 currently requires an intervener to obtain leave of the Court to intervene where property in an action in rem is under arrest or the proceeds of sale of the property are in Court. The requirement to obtain leave is removed.

Rule 21 amends rule 785 of the High Court Rules by omitting reference to the defence of compulsory pilotage.

Rule 22 inserts a new form 34E (Notice of discontinuance) into the First Schedule of the High Court Rules.

Rule 23 revokes item 12 in the Third Schedule of the High Court Rules. Item 12 relates to disbursements. Disbursements may now be included in an award of costs under new rule 48H.

Rule 24 consequentially amends a number of forms as a result of the change to the office hours of the High Court.


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

Date of notification in Gazette: 18 December 2002.