District Courts Amendment Rules 2004

  • revoked
  • District Courts Amendment Rules 2004: 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 2004

(SR 2004/321)

  • District Courts Amendment Rules 2004: 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.


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 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 2004.

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

2 Commencement
  • These rules come into force on 1 November 2004.

3 New rule 29A substituted
  • The principal rules are amended by revoking rule 29A, and substituting the following rule:

    29A Format of first page
    • (1) The first page of an originating document and of a notice of interlocutory application must—

      • (a) include only—

        • (i) the heading; and

        • (ii) the description of the document; and

        • (iii) if applicable, the next event date; and

        • (iv) if applicable, the name of the Judge to whom the proceeding has been assigned; and

        • (v) the subscription; and

      • (b) must leave ample space between the description of the document and the subscription for the inclusion of a minute.

      (2) The heading may, where necessary, be continued on another sheet.

      (3) In subclause (1)(a)(iii), next event date means, if allocated, the date and nature of a hearing or conference that is to be held next after the date on which the document is filed.

      Compare: High Court Rules r 33.

4 New rule 42A inserted
  • The principal rules are amended by inserting, after rule 42, the following rule:

    42A Solicitors to inform clients of orders or directions
    • When an order or a direction that affects a party is made, it is the responsibility of that party's solicitor on the record promptly to notify the party of the order or direction.

      Compare: High Court Rules r 43A.

5 New rule 307 substituted
  • The principal rules are amended by revoking rule 307, and substituting the following rule:

    307 Defamation proceedings
    • If, in a proceeding for defamation, the defendant pleads that the words or matters complained of are honest opinion on a matter of public interest or were published on a privileged occasion, no interrogatories as to the defendant's sources of information or grounds of belief shall be allowed unless the interrogatories are necessary in the interests of justice.

      Compare: High Court Rules r 285.

6 New rules 518 to 521A substituted
  • The principal rules are amended by revoking rules 518 to 521, and substituting the following rules:

    518 Swearing of affidavits
    • An affidavit or an affirmation may be read and used in a proceeding only if the affidavit or affirmation is sworn or made—

      • (a) in accordance with the Oaths and Declarations Act 1957; and

      • (b) before a person authorised to administer oaths and affirmations—

        • (i) under the Oaths and Declarations Act 1957; or

        • (ii) under section 56 of the District Courts Act 1947; or

        • (iii) under rule 519.

    519 Authority to take affidavits in places outside New Zealand
    • (1) An affidavit may be sworn in a place outside New Zealand before—

      • (a) a Commissioner of the High Court of New Zealand who has authority in that place; or

      • (b) a person who is authorised to administer oaths by the law of that place; or

      • (c) a person who is authorised by a Judge to administer the oath required for the affidavit.

      (2) The person administering an oath under subclause (1) must state in the jurat of the affidavit that he or she is—

      • (a) a Commissioner of the High Court of New Zealand who has authority in the place where the affidavit is sworn; or

      • (b) a person authorised to administer oaths by the law of the place where the affidavit is sworn; or

      • (c) a person who is authorised by a Judge to administer the oath.

      (3) An affidavit that appears to comply with subclauses (1) and (2) must be taken to have been properly sworn unless the Court requires verification by evidence or other means of any matter affecting compliance with either of those subclauses.

      (4) Nothing in this rule affects the administering of oaths under the Oaths and Declarations Act 1957.

      Compare: High Court Rules r 523

    520 Meaning of authenticated deposition
    • In rules 521 and 521A, authenticated deposition means a written statement—

      • (a) made in a place outside New Zealand before a court or a judicial or other authority or person; and

      • (b) the maker of which is, under the law in force in the place in which the statement is made, liable to imprisonment or a fine or to some other punishment if the statement is false; and

      • (c) that purports to be—

        • (i) signed by a person holding judicial office or by an official exercising authority under the law in force in the place in which the statement is made; or

        • (ii) sealed with an official or public seal or with the seal of a Minister of State, or of a department or an official of the government exercising authority in the place in which the statement is made; or

        • (iii) endorsed with or accompanied by a certificate given by a person having authority under the law in force in the place in which the statement is made to give the certificate that the statement complies with the requirements of the law in force in that place and that, under that law, the maker of the statement is liable to imprisonment, or a fine or to some other punishment if the statement is false.

      Compare: High Court Rules r 522

    521 Admissibility of authenticated deposition
    • Evidence that may, under these rules, be given by affidavit, may be given in an authenticated deposition.

      Compare: High Court Rules r 524

    521A Application of other rules
    • Rules 502 to 508 apply with such modifications as may be necessary in relation to an authenticated deposition as if the deposition were an affidavit.

      Compare: High Court Rules r 524A(1)..

7 Time and mode of giving judgment
  • Rule 530 of the principal rules is amended by revoking subclauses (4) to (6), and substituting the following subclauses:

    • (4) On receiving a written judgment from the Judge responsible for it, the Registrar must endorse the judgment with a date and time directed by the Judge or, if no direction is given, with a date and time nominated by the Registrar (the delivery time). The date and time nominated by the Registrar must be subsequent to the date and time the Registrar endorses the judgment.

    • (5) A written judgment must for all purposes be treated as having been given at the delivery time directed or nominated under subclause (4).

    • (6) Immediately after endorsing a judgment, the Registrar must attempt to notify the parties, by telephone or otherwise, of the delivery time.

    • (7) A party may request the Registrar to—

      • (a) send the party, immediately after the delivery time, a copy of the written judgment by email or facsimile; or

      • (b) make a copy of the written judgment available, immediately after the delivery time, for uplifting from the Registry.

    • (8) If a party who has given an address for service does not make a request under subclause (7), the Registrar must immediately after the delivery time post a copy of the written judgment to that party.

    • (9) A failure by the Registry to comply with any of subclauses (6) to (8) does not affect the validity of a judgment or its delivery time.

8 Judgments to be sealed and dated
  • (1) Rule 531 of the principal rules is amended by omitting the heading, and substituting the heading Judgments to be sealed, dated, and served.

    (2) Rule 531 of the principal rules is amended by inserting, after subclause (3), the following subclause:

    • (3A) Except with the leave of the Court, a judgment may not be sealed until any application under rule 533 for the recall of the judgment has been determined.

    (3) Rule 531 of the principal rules is amended by adding the following subclause:

    • (5) A party who has a judgment sealed must forthwith serve a sealed copy of the judgment on—

      • (a) every other party who has given an address for service; and

      • (b) any other person who, although not a party, is affected by the judgment.

9 New rule 533 substituted
  • The principal rules are amended by revoking rule 533, and substituting the following rule:

    533 When judgment takes effect
    • (1) A judgment takes effect when it is given.

      (2) Unless the Judge otherwise directs, no step may be taken on a judgment before it has been sealed.

      (3) A judgment, whether given orally or in writing, may be recalled by the Judge at any time before a formal record of it has been drawn up and sealed.

      (4) A party may bring an appeal under rule 706 of the High Court Rules even though the judgment appealed against has not been sealed, as long as the party takes steps to ensure that the judgment is sealed promptly after the appeal is brought.

      (5) In this rule—

      • (a) subclause (2) overrides subclause (1):

      • (b) subclause (4) overrides subclause (2).

      Compare: High Court Rules r 542.

Diane Morcom,

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 2004. 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