High Court Amendment Rules (No 4) 2007

Reprint
as at 24 July 2008

High Court Amendment Rules (No 4) 2007

(SR 2007/325)


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 by the Ministry of Justice.


  • Preamble

    At Wellington this 23rd day of October

Pursuant to section 51C of the Judicature Act 1908, His 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.

Contents


1 Title
  • These rules are the High Court Amendment Rules (No 4) 2007.

2 Commencement
  • (1) These rules, other than rules 6 and 7, come into force on the date that the Companies Amendment Act 2006 comes into force.

    (2) Rules 6 and 7, other than subpart 15 of Part 16 (as substituted by rule 6), come into force on the date that the Insolvency Act 2006 comes into force.

    (3) Subpart 15 of Part 16 (as substituted by rule 6) comes into force on the date that the Insolvency (Cross-border) Act 2006 comes into force.

    Section 2(1): Companies Amendment Act 2006 brought into force, on 1 November 2007, by the Companies Amendment Act 2006 Commencement Order 2007 (SR 2007/297).

    Section 2(2): Insolvency Act 2006 brought into force, on 3 December 2007, by the Insolvency Act 2006 Commencement Order 2007 (SR 2007/332).

    Section 2(3): Insolvency (Cross-border) Act 2006 brought into force, on 24 July 2008, by the Insolvency (Cross-border) Act Commencement Order 2008 (SR 2008/171).

3 Principal rules amended
  • These rules amend the High Court Rules set out in Schedule 2 of the Judicature Act 1908.

4 Application of Part 4A
  • (1) Rule 458D(1)(a) is amended by inserting the following subparagraph after subparagraph (vi):

    • (via) section 239L of the Companies Act 1993 (application for the appointment of an administrator by the Court in a voluntary administration):.

    (2) Rule 458D(1)(a) is amended by adding the following subparagraphs:

    • (xxiv) sections 206 and 207 of the Insolvency Act 2006:

    • (xxv) article 15(1) of chapter 3 of Schedule 1 of the Insolvency (Cross-border) Act 2006 (application for recognition of foreign proceedings):.

5 New Part 9B inserted
  • The following Part is inserted after Part 9A:

    Part 9B
    Voluntary administration

    700ZL Appointment of administrator under section 239L of Companies Act 1993
    • An application by a creditor, the liquidator (if the company is in liquidation), or the Registrar of Companies for the appointment by the Court of an administrator under section 239L of the Companies Act 1993 (inserted by section 6 of the Companies Amendment Act 2006) must be made by originating application under Part 4A of these rules.

    700ZM Applications in course of administration
    • (1) An application to the Court by the administrator or other person entitled to apply to the Court under Part 15A of the Companies Act 1993 must be made by originating application under Part 4A of these rules.

      (2) If an application in relation to a company has been made to the Court under subclause (1), any further application in relation to the voluntary administration of that company may be made by interlocutory application under Part 3 of these rules.

      (3) Subclause (1) is subject to subclause (2).

    700ZN Proper office of Court
    • (1) The proper office of the Court for the purpose of filing an originating application under rule 700ZL is—

      • (a) the office of the Court in the town where, or the office of the Court in the town nearest to where, the company's registered office is situated; or

      • (b) if the company does not have a registered office, the office of the Court in the town where, or the office of the Court in the town nearest to where, the principal or last known place of business is or was situated.

      (2) If it appears to the Court on application to it that the originating application has been filed in the wrong office of the Court, or that any other office of the Court would be more convenient to all parties affected, it may direct that the originating application and any documents filed in relation to that application be filed in, or transferred to, the proper office or the other office of the Court.

      (3) This rule overrides rule 107.

6 New Part 16 substituted
  • Part 16 is revoked and the following Part substituted:

    Part 16
    Insolvency

    Subpart 1Scope

    819 Interpretation
    • (1) In this Part, unless the context otherwise requires, Act means the Insolvency Act 2006.

      (2) Expressions not defined in this Part but defined in the Act have, in this Part, the meanings so defined.

      (3) Subclause (1) does not apply to subpart 14 (cross-border proceedings).

      Compare: 1908 No 89 Schedule 2 former r 819

    820 Application of Part
    • This Part applies to matters arising under the Act or Part 4 of the Administration Act 1969, and to proceedings relating to them in the Court, whenever commenced.

      Compare: 1908 No 89 Schedule 2 former r 820

    821 Application of general rules and practice of Court
    • The other Parts of these rules and the general practice of the Court apply when this Part applies unless they are modified by or inconsistent with the Act or this Part.

      Compare: 1908 No 89 Schedule 2 former r 821

    Subpart 2Proceedings generally

    822 Forms
    • (1) The prescribed forms must be used wherever appropriate.

      (2) If a form has not been prescribed for an application, it must be an interlocutory application and an order made on that application must be in the form prescribed for an interlocutory order.

      (3) If subclause (2) does not apply, the parties may frame a form for the special purpose of the particular case or the Court may frame the form.

      (4) If no form is prescribed, a notice must contain sufficient details to inform the recipient fairly of its substance.

      (5) A warrant to search for and seize a bankrupt's property under section 150 or 151 of the Act must be in form 95.

      Compare: 1908 No 89 Schedule 2 former rr 822, 823

    823 General requirements of documents filed in Court
    • Every document filed must—

      • (a) comply with rules 23 to 40 so far as they are applicable and with any necessary modifications; and

      • (b) be headed by the words In the matter of the Insolvency Act 2006, and in the matter of the bankruptcy (or proposal, as the case may be) of.

      Compare: 1908 No 89 Schedule 2 former r 824

    824 Advertising of notices or proceedings
    • An advertisement of a notice or proceeding that is published in a newspaper circulating in the area in which the proceeding is pending must comply with the advertising requirements of the Act or this Part.

      Compare: 1908 No 89 Schedule 2 former r 825

    825 Discretion of Court as to method of taking evidence
    • Unless otherwise provided in this Part, the Court may, in any proceeding, take all or any part of the evidence orally or by written interrogatories or on affidavit or by commission, as the Court thinks just.

      Compare: 1908 No 89 Schedule 2 former r 826

    Subpart 3Bankruptcy notices

    826 Issue of bankruptcy notice
    • (1) A request for the issue of a bankruptcy notice must be in form 89.

      (2) The Registrar may approve the issue of a bankruptcy notice if—

      • (a) the request is founded on a judgment or order of a court; and

      • (b) the Registrar has no knowledge that payment of the debt has occurred.

      (3) A bankruptcy notice must be in form 90. A certified copy of the judgment or order on which the bankruptcy notice is based must be attached to it.

      (4) The bankruptcy notice must state the amount of any costs claimed.

      Compare: 1908 No 89 Schedule 2 former r 827

    827 Service of bankruptcy notice in New Zealand
    • (1) A bankruptcy notice that is to be served in New Zealand must be served within 1 month from the date of its issue.

      (2) If, however, the Registrar is satisfied that reasonable efforts have been made to comply with subclause (1), and service has not been effected, the Registrar,—

      • (a) on the request in writing of the judgment creditor made not later than 1 month after the end of that period, may extend the time by 1 month or by successive periods of 1 month:

      • (b) must mark the notice with the word renewed and the date of the renewal.

      (3) A notice must not, without a Judge's consent, be extended for a period exceeding 3 months from the date on which the notice was first issued.

      Compare: 1908 No 89 Schedule 2 former rr 828, 829

    828 Setting aside bankruptcy notice
    • (1) If an application to set aside a bankruptcy notice cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bankruptcy will be complete, the time is treated as extended until the application has been determined.

      (2) An act of bankruptcy is not committed by reason only of non-compliance with the notice until the application has been determined.

      Compare: 1908 No 89 Schedule 2 former r 830

    Subpart 4Adjudication proceedings

    829 Application for adjudication by creditor
    • (1) A creditor's application for adjudication must be commenced by filing an originating application in form 91. In all other respects, Part 4A applies to the application.

      (2) An affidavit in form 92 and a summons to debtor in form 93 must be filed (in duplicate) with a creditor's application.

      (3) A summons must also state the amount of any costs claimed.

      Compare: 1908 No 89 Schedule 2 former r 831

    830 Verification of creditor's application
    • A creditor's application must be verified by affidavit of the creditor or some other person having knowledge of the facts.

      Compare: 1908 No 89 Schedule 2 former r 832

    831 Where application for adjudication to be filed
    • An application for adjudication must be filed,—

      • (a) if the debtor is resident in New Zealand, in the office of the High Court nearest by the most practicable route to the place in which the debtor has resided or carried on business for the longest period during the 6 months immediately before the time when the application is filed:

      • (b) if the debtor is in custody, in the office of the High Court nearest by the most practicable route to the place in which the debtor is in custody:

      • (c) if the debtor is absent from New Zealand or the applying creditor cannot ascertain the debtor's place of residence, in the office of the High Court nearest by the most practicable route to the place in which the applying creditor resides or carries on business:

      • (d) if a debtor has never been resident in New Zealand, in the office of the High Court nearest by the most practicable route to the place in which the applying creditor resides or carries on business:

      • (e) if any act of bankruptcy relied on by the applying creditor is specified in sections 20 and 21 of the Act, in any office of the Court.

      Compare: 1908 No 89 Schedule 2 former r 833

    832 Registrar to fix hearing date for creditor's application
    • (1) The Registrar must fix a hearing date for the application and insert the date in the summons to the debtor before releasing the summons to the creditor for service.

      (2) If the application and summons have not been served, the Registrar may, from time to time, alter the hearing date.

      Compare: 1908 No 89 Schedule 2 former r 834

    833 Court may alter hearing date for creditor's application
    • If it is proved to the Court's satisfaction that the debtor has absconded or there is any other good reason, the Court may, on any terms it thinks just, hear the creditor's application on any date the Court considers expedient.

      Compare: 1908 No 89 Schedule 2 former r 835

    834 Service of creditor's application on debtor
    • (1) A copy of the creditor's application and the summons to the debtor must be served on the debtor at least 10 working days before the hearing of the creditor's application.

      (2) If the debtor dies before service of the creditor's application and summons, the Court may order service to be effected on the debtor's administrator or any other person as it thinks just.

      Compare: 1908 No 89 Schedule 2 former r 836

    835 Service of creditor's application on trustee or supervisor
    • (1) A copy of the creditor's application and the summons to the debtor must be served personally on the trustee or supervisor, as the case may be,—

      • (a) if the act of bankruptcy alleged is that the debtor has made a disposition of all or substantially all of the debtor's property to a trustee for the benefit of all or any of the debtor's creditors; or

      • (b) if, at the time of the filing of the application, a proposal under subpart 2 of Part 5 of the Act has been approved by the Court or a summary instalment order has been made under subpart 3 of Part 5 of the Act.

      (2) The documents set out in subclause (1) must be served at least 10 working days before the hearing of the creditor's application.

      Compare: 1908 No 89 Schedule 2 former r 837

    836 Debtor's notice of intention to oppose adjudication
    • A debtor who intends to oppose the making of an order of adjudication must, by 1 pm on the last working day before the hearing of the creditor's application,—

      • (a) file a notice of opposition in form 94, together with an affidavit in support of the opposition; and

      • (b) serve a copy of those documents on the applying creditor.

      Compare: 1908 No 89 Schedule 2 former r 838

    837 Affidavit evidence of applying creditor
    • (1) Unless the Court otherwise directs, an applying creditor's evidence of a debt, an act of bankruptcy, or any other material statements may be given by affidavit.

      (2) The affidavit must be sworn by or on behalf of the applying creditor not earlier than 3 working days before the date of the hearing of the application.

      Compare: 1908 No 89 Schedule 2 former r 839

    838 Applying creditor's solicitor's certificate as to unpaid debt
    • A certificate by the applying creditor's solicitor to the effect that, after having made due inquiries, the solicitor is satisfied that the debt remains unpaid, may be accepted by the Court as sufficient prima facie evidence that the debt remains unpaid.

      Compare: 1908 No 89 Schedule 2 former r 840

    839 Death of debtor against whom application filed
    • If a debtor against whom a bankruptcy application is filed dies, the application must, unless the Court otherwise orders, be continued as if the debtor were alive.

      Compare: 1908 No 89 Schedule 2 former r 841

    Subpart 5Appointment of Official Assignee

    840 Applicant to deposit sum for Official Assignee's expenses
    • The person who has applied for an order appointing the Official Assignee to be a receiver and manager of all or any part of the debtor's estate must, before the order is made, deposit with the Official Assignee any sum that the Court directs for the Official Assignee's expenses.

      Compare: 1908 No 89 Schedule 2 former r 842

    841 Official Assignee may seek additional sum where original deposit insufficient
    • (1) If the sum deposited for the Official Assignee's expenses under rule 840 is insufficient, the person who paid the deposit must deposit with the Official Assignee any additional sum as the Court may, on the application of the Official Assignee, from time to time direct.

      (2) If the additional sum is not deposited within 24 hours after the making of the order, the Official Assignee may apply to have the order appointing the Official Assignee as receiver and manager discharged by the Court.

      Compare: 1908 No 89 Schedule 2 former r 843

    842 Notification of order appointing Official Assignee as receiver and manager
    • (1) The Registrar must, immediately after the order appointing the Official Assignee as receiver and manager has been made, forward 2 copies of the order to the Official Assignee.

      (2) If the debtor is in New Zealand, the Official Assignee must cause a copy of the order appointing the Official Assignee as receiver and manager to be served on the debtor.

      (3) The Official Assignee must advertise the Official Assignee's appointment as receiver and manager within 5 working days after the making of the order.

      Compare: 1908 No 89 Schedule 2 former r 844

    843 Repayment of deposits after order of adjudication
    • (1) If an order of adjudication is made after the Official Assignee is appointed receiver and manager, the Official Assignee must repay to the creditor the deposits made under rules 840 and 841 out of the proceeds of the estate.

      (2) If there are insufficient proceeds in the estate to pay the Official Assignee's fees and expenses as receiver and manager, the Official Assignee may keep all or any part of the deposits as payment of those fees and expenses.

      Compare: 1908 No 89 Schedule 2 former r 845

    844 Dismissal of application after order appointing Official Assignee as manager and receiver
    • If, after an order has been made appointing the Official Assignee as receiver and manager, the application upon which the order was made is dismissed,—

      • (a) the Court must, on an application made within 15 working days from the date of the dismissal, make an order relating to any damages or claim arising out of the Official Assignee's appointment; and

      • (b) the Court may make any other order it thinks just.

      Compare: 1908 No 89 Schedule 2 former r 846

    Subpart 6Contributions from bankrupt

    845 Application for order under section 147
    • A creditor who intends to make an application under section 147 of the Act must give at least 10 working days' notice of that intention to the Official Assignee and to the bankrupt.

      Compare: 1908 No 89 Schedule 2 former r 851

    846 Official Assignee's report
    • (1) If the Official Assignee or a creditor applies for an order under section 147 of the Act, the Official Assignee must prepare a report as to the circumstances of the bankruptcy, the bankrupt's conduct, and the bankrupt's earning power, responsibilities, and prospects.

      (2) At least 5 working days before the time fixed for the hearing, the Official Assignee must lodge the report in the Court, and forward a copy to the bankrupt, and to the applicant, if the applicant is a creditor.

      Compare: 1908 No 89 Schedule 2 former r 852

    847 Official Assignee to notify employer, etc, about proposed assignment or charge
    • If it is proposed that an order be made assigning to, or charging in favour of, the Official Assignee any money due or becoming due to the bankrupt by way of wages or salary or from any other source,—

      • (a) the Official Assignee must notify the employer or other person against whom the assignment or charge is proposed; and

      • (b) the person who is notified may be heard.

      Compare: 1908 No 89 Schedule 2 former r 853

    848 Official Assignee to serve order of assignment, etc
    • The Official Assignee must serve a duplicate of any order assigning or charging in favour of the Official Assignee any money due or becoming due to the bankrupt on the employer or other person against whom the assignment or charge was given.

      Compare: 1908 No 89 Schedule 2 former r 854

    Subpart 7Compositions during bankruptcy

    849 Application for order approving composition
    • (1) The Official Assignee may apply to the Court to approve a composition (whether or not the Official Assignee reports in favour of it) if—

      • (a) the creditors have passed a confirming resolution in relation to the composition; and

      • (b) the bankrupt does not, within 3 working days from the date of the confirmation, apply to the Court for approval of the composition.

      (2) The Official Assignee is not, by making the application, treated as approving the composition.

      Compare: 1908 No 89 Schedule 2 former r 855

    850 Notice to Official Assignee of application to approve composition
    • Any person, other than the Official Assignee, who applies to the Court to approve a composition must, at least 10 working days before the day appointed for hearing the application, serve notice of the application on the Official Assignee.

      Compare: 1908 No 89 Schedule 2 former r 856

    851 Notice of application to approve composition
    • If an application is made to the Court to approve a composition, the Official Assignee must, at least 5 working days before the day appointed for hearing the application, send notice of the application to every creditor whose debt has been proved.

      Compare: 1908 No 89 Schedule 2 former r 857

    852 Official Assignee to account when composition approved
    • If a composition is approved by the Court, the Official Assignee must account to the bankrupt, or, as the case may be, to the trustee.

      Compare: 1908 No 89 Schedule 2 former r 858

    Subpart 8Irregular transactions

    853 Applications by Assignee for cancellation of irregular transactions or retransfer of property or payment of value
    • (1) An application to the Court by the Assignee under section 206 of the Insolvency Act 2006 (for the cancellation of an irregular transaction) or under section 207 of that Act (for the retransfer of property or payment of value) must be made by originating application under Part 4A of these rules.

      (2) An application under section 206 must be in form 102.

      (3) An application under section 207 must be in form 103.

    Subpart 9Discharge of bankrupt

    854 Filing and service of objection to discharge
    • (1) An objection to a discharge under section 292 of the Act is entered by filing an objection in form 96.

      (2) A creditor who enters an objection to a discharge must serve the objection on the Official Assignee.

      Compare: 1908 No 89 Schedule 2 former r 859

    855 Service, etc, of notice of application for discharge
    • At least 15 working days before the hearing date, the bankrupt must—

      • (a) serve on the Official Assignee, and every creditor whose debt has been proved, notice of application for discharge under section 294 of the Act; and

      • (b) cause notice of the application and of the hearing date to be advertised.

      Compare: 1908 No 89 Schedule 2 former r 860

    856 Report of Official Assignee
    • At least 5 working days before the hearing date, the Official Assignee must—

      • (a) lodge in the Court a copy of the Official Assignee's report under section 296 of the Act; and

      • (b) serve a copy of the report on the bankrupt and all creditors known to the Official Assignee.

      Compare: 1908 No 89 Schedule 2 former r 861

    857 Opposition by creditor to discharge
    • A creditor who intends to oppose the discharge of a bankrupt on grounds other than those specified in the Official Assignee's report must file and serve on the Official Assignee and the bankrupt a notice of the creditor's intended opposition and the grounds of opposition by 1 pm on the day before the hearing.

      Compare: 1908 No 89 Schedule 2 former r 862

    858 Conditions affecting salary, etc, after order of discharge
    • (1) The Official Assignee must notify the bankrupt's employer of the Official Assignee's intention to ask the Court to impose a condition that affects any salary or wages that may, after the date of the order of discharge, become due to the bankrupt.

      (2) The Official Assignee must notify the employer of an order made under section 298 of the Act before receiving payment of any salary or wages.

      Compare: 1908 No 89 Schedule 2 former r 863

    859 Annulment of adjudication to be advertised
    • The Official Assignee must immediately cause a notice of an order annulling an adjudication to be advertised.

      Compare: 1908 No 89 Schedule 2 former r 864

    Subpart 10Proposals

    860 Proposal and statement of affairs and affidavit
    • A proposal under subpart 2 of Part 5 of the Act must be in form 97 and must be accompanied by a statement of affairs and affidavit in form 98.

      Compare: 1908 No 89 Schedule 2 former r 865

    861 Trustee's report on proposal
    • The trustee must file a report in form 99 with the application for approval under section 333 of the Act.

      Compare: 1908 No 89 Schedule 2 former r 866

    Subpart 11Insolvent deceased estates

    862 Application for order to administer under Part 6 of Act
    • An application for an order to administer under Part 6 of the Act must be by originating application.

      Compare: 1908 No 89 Schedule 2 former r 867

    863 Application by creditor or beneficiary
    • (1) Notice of an application under section 381 of the Act must be given by serving on the administrator, or, if no administrator has been appointed, on those persons that the Court directs, a copy of the application together with a copy of any supporting affidavit.

      (2) The Court may, within such time as the Court requires, direct the administrator to file the account in form 100 if—

      • (a) an application is made by a creditor, or any person beneficially interested, after a request has been made to an administrator; and

      • (b) the administrator, having been requested in writing to apply, has failed to make an application within 15 working days after receiving the request.

      Compare: 1908 No 89 Schedule 2 former r 868

    864 Duty of Registrar
    • If an order is made under section 379 or 381 of the Act, the Registrar must send to the appointee and to the Commissioner of Inland Revenue a copy of the order and of the account specified in section 380(3) of the Act.

      Compare: 1908 No 89 Schedule 2 former r 869

    865 Duty of administrator where order made
    • If an order has been made under section 379 or 381 of the Act,—

      • (a) the administrator must immediately send an account of the administrator's dealings and administration of the deceased estate to the appointee; and

      • (b) the administrator must, at the same time, give whatever particulars of the affairs of the deceased that are required by the appointee.

      Compare: 1908 No 89 Schedule 2 former r 870

    866 Person who has intermeddled in estate may be ordered to give particulars
    • The Court may, on an appointee's application, direct that an account be made, verified, and given by any person the Court considers has administered or otherwise intermeddled with all or any part of the deceased's property, if—

      • (a) an order has been made under section 379 or 381 of the Act; and

      • (b) it appears to the Court that no administrator exists and the appointee is unable to find any person willing to give the particulars required by rule 865.

      Compare: 1908 No 89 Schedule 2 former r 871

    867 Administration election
    • A certificate by Public Trust or the Maori Trustee recording an election to administer an insolvent estate under Part 6 of the Act must be in form 101.

    Subpart 12Appeals

    868 Applications to vary or discharge order or decision of Registrar or District Court Judge
    • (1) An application to the Court under section 414 of the Act to vary or discharge the order or decision of a Registrar or District Court Judge under section 413 of the Act must be filed,—

      • (a) if it is made by a party who was present or represented when the order was made or the decision given, within 5 working days after the making of the order or the giving of the decision; or

      • (b) if it is made by a party who was not then present or represented, within 5 working days after the receipt by the party of notice of the order or decision.

      (2) The application does not stay proceedings unless a Judge, the Registrar, or the District Court Judge otherwise orders.

      Compare: 1908 No 89 Schedule 2 former r 872

    869 Appeals to Court of Appeal
    • (1) The Court of Appeal (Civil) Rules 2005, so far as they are applicable and with any necessary modifications, apply to appeals to the Court of Appeal under section 414 of the Act.

      (2) The Official Assignee of the bankrupt's property is a party to an appeal.

      Compare: 1908 No 89 Schedule 2 former r 873

    Subpart 13Official Assignee

    870 Applications to Court by Official Assignee
    • An application by the Official Assignee to the Court may be made personally, by counsel, or by any agent duly appointed under paragraph (t) of Schedule 1 of the Act.

      Compare: 1908 No 89 Schedule 2 former r 874

    871 Official Assignee's liability for costs
    • Unless the Court otherwise directs, the Official Assignee is not personally liable for costs if—

      • (a) proceedings are brought against the Official Assignee representing the estate of the bankrupt; or

      • (b) the Official Assignee is made a party to a proceeding on the application of another party.

      Compare: 1908 No 89 Schedule 2 former r 875

    Subpart 14District Court filings

    872 Filing decisions of District Court
    • (1) If, under the Act, an application relating to bankruptcy may be filed in a District Court, the Registrar of that Court must forward to the nearest High Court a certified copy of the decision of that Court.

      (2) The certified copy of the decision of the District Court must be filed by the Registrar and forms part of the proceedings of the High Court.

      Compare: 1908 No 89 Schedule 2 former r 876

    Subpart 15Cross-border proceedings

    873 Interpretation
    • (1) In this subpart, unless the context otherwise requires, Act means the Insolvency (Cross-border) Act 2006.

      (2) Expressions defined in Schedule 1 of the Act have, in this subpart, the meanings so defined.

    874 Applications for recognition of foreign proceedings
    • (1) An application by a foreign representative under article 15(1) of chapter 3 of Schedule 1 of the Act must be made by originating application under Part 4A.

      (2) In addition to complying with the requirements of article 15, the application must—

      • (a) be supported by an affidavit verifying the statement referred to in article 15(3) (identifying all foreign proceedings in respect of the debtor that are known to the foreign representative) or by other sworn evidence acceptable to the Court:

      • (b) be served, in accordance with rules 192 to 202 and 205 to 212, on the debtor or a New Zealand agent or representative of the debtor unless a Judge directs that the application may in all the circumstances proceed without that service.

      (3) A New Zealand agent or representative of the debtor served under subclause (2) must, as a condition of being treated as a respondent to the application under Part 4A, provide evidence of that agency or representation to the Court's satisfaction.

      (4) The foreign representative must, when filing an application under subclause (1) or within 25 working days after the date of filing, file an application for directions as to service under rule 458H and the Judge may give directions as to service and make any incidental orders considered just.

      (5) An application for modification or termination of recognition under article 17(5) of chapter 3 of Schedule 1 of the Act must be made by originating application served on the parties and any other persons who were directed to be served before the recognition order under article 17(1) was made.

      (6) A foreign representative who has filed an application under subclause (1) may apply without notice for relief of a provisional nature under article 19(1) of chapter 3 of Schedule 1 of the Act.

    875 Relief after recognition
    • (1) The foreign representative may apply by interlocutory application for appropriate relief under article 21(1) of chapter 3 of Schedule 1 of the Act.

      (2) An application under subclause (1) must be served on—

      • (a) any other parties to the application under rule 874:

      • (b) persons directed to be served under rule 874:

      • (c) any judgment creditor carrying on business, or resident, or having a registered office, in New Zealand.

    876 Modification or termination
    • (1) The foreign representative or a person affected by provisional relief granted under article 19 and rule 874(6), or under article 21 and rule 875, may apply by interlocutory application for an order modifying or terminating the relief granted.

      (2) The statutory manager may apply by interlocutory application under article 22(4) of chapter 3 of Schedule 1 of the Act to terminate relief granted under article 19 and rule 874(6), or under article 21 and rule 875.

7 New forms substituted in Schedule 1
  • Schedule 1 is amended by revoking forms 89 to 107 and substituting the forms 89 to 103 set out in the Schedule of these rules.


Schedule
New forms substituted in Schedule 1

r 7

Form 89
Request for issue of bankruptcy notice

r 826(1)

.

Form 90
Bankruptcy notice

r 826(3)

.
.

Form 91
Creditor's application for adjudication order

r 829(1)

.

Form 92
Affidavit supporting creditor's application for adjudication

r 829(2)

.

Form 93
Summons to debtor

r 829(2)

.
.

Form 94
Notice by debtor of intention to oppose application

r 836

.

Form 95
Warrant to search for and seize bankrupt's property under section 150 or 151 of Insolvency Act 2006

r 822(5)

.

Form 96
Notice of objection

r 854(1)

.

Form 97
Proposal by insolvent to creditors under Part 5, subpart 2, of the Insolvency Act 2006

r 860

.

Form 98
Statement of affairs and affidavit

r 860

.

Form 99
Report of trustee on proposal

r 861

.
.

Form 100
Account of assets, debts, etc, of deceased person verified by affidavit

r 863(2)

.
.

Form 101
Certificate by Public Trust or Maori Trustee of election to administer under Part 6 of Insolvency Act 2006

r 867

.

Form 102
Originating application to cancel irregular transaction under section 206 of the Insolvency Act 2006

r 853(2)

.
.

Form 103
Originating application to order retransfer of property or payment of value under section 207 of the Insolvency Act 2006

r 853(3)

.
.

Diane Morcom,

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.

A new Part 9B of the Rules is inserted regulating Court applications incidental to the new voluntary administration regime introduced by the Companies Amendment Act 2006, and comes into force on the same date as that Act.

A new rule 850A is introduced governing applications by the Assignee to cancel irregular transactions, or for an order requiring the retransfer of property or the payment of its value. A new Part 16 relating to insolvency procedure is introduced. These changes are consequential on the enactment of the Insolvency Act 2006 and the Insolvency (Cross-border) Act 2006, and come into force on the same dates as those Acts respectively.


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

Date of notification in Gazette: 25 October 2007.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the High Court Amendment Rules (No 4) 2007. It incorporates all the amendments to the High Court Amendment Rules (No 4) 2007 as at 24 July 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 5 November 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

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)