Reprint as at 1 January 2011
(SR 2005/69)
Silvia Cartwright, Governor-General
At Wellington this 21st day of March 2005
Present:
Her Excellency the Governor-General in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These rules are administered by the Ministry of Justice.
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 other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules.
Part 1
Preliminary and general matters
6 Effect of non-compliance with rules
7 Judge may exercise certain powers under rules
8 Correction of accidental slip or omission
9 Heading, point size, and margin
10 Filing and service of documents
12 Stay of proceedings and execution
Part 2
Applications for leave to appeal
Making applications for leave to appeal
14 Time for making application for leave
15 Form of application for leave
16 When application for leave is brought
17 Matters to be stated in application for leave
18 Documents required to accompany application for leave
19 Leave required for amendments to application for leave
Applications for leave opposed by respondent
20 Respondent opposes application for leave
22 Case for application for leave
23 Written submissions on application for leave
25 Oral submissions on application for leave
Applications for leave where respondent consents
26 Respondent consents to application for leave
Abandonment of applications for leave
26A Abandonment of applications for leave
26B Effect of failing to pay fees of Court
Determination of applications for leave
27 Determination of application for leave
29A Extension of time for appealing
32 Mode of bringing cross-appeal
33 Respondent who intends to support decision appealed against on other ground
34 Amendment of grounds of appeal
Steps to be taken before hearing
35 Security for costs: general
36 Security for costs: legal aid
37 Consequences of failure to comply with requirement to pay security for costs
39 Obligations of parties in preparing case on appeal
40 Filing and form of case on appeal
40A Reuse of case on appeal used for leave application
40B Evidence included in case on appeal
41 Written submissions on appeals
43 Appeal abandoned if not pursued
44 Abandonment of appeal by party
Matters of evidence and information
45 Application for leave to adduce further evidence
46 Court may call for exhibits, etc, and request report from court or tribunal of first instance
Part 4
Determination of appeals
47 Appeals to be by way of rehearing
48 Powers of Court in hearing appeals
50 Notification of result of appeal to other courts
51 Judgments to be sealed, dated, and served
53 Costs at discretion of Court
53A Principles applying to determination of costs
53C Appropriate daily recovery rates
53D Determination of reasonable time
53E Increased costs and indemnity costs
53F Refusal of, or reduction in, costs
53G Principles applying to costs on application for leave to appeal
53I Joint and several liability for costs
53J Costs in court appealed from
54 Repayment of judgment sum and interest
Part 5
Revocation and transitional provision