District Courts Amendment Rules (No 2) 2007

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2007/383

District Courts Amendment Rules (No 2) 2007

Note

These rules are administered by the Ministry of Justice.

  • Preamble

    At Wellington this 10th day of December 2007

Pursuant to section 122 of the District Courts Act 1947, His 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 2 other members of the Rules Committee established under section 51B of the Judicature Act 1908 (of whom at least 1 was a District Court Judge), makes the following rules.

1 Title

  • These rules are the District Courts Amendment Rules (No 2) 2007.

2 Commencement

  • These rules come into force on 1 March 2008.

3 Principal rules amended

  • These rules amend the District Courts Rules 1992.

4 Forms

  • Rule 7 is amended by adding “, and such information may be added as is required for identification or other official purposes”.

5 Bailiff to execute warrants, etc

  • Rule 574 is amended by revoking subclause (1) and substituting the following subclause:

    • “(1) The bailiff must—

      • “(a) keep and maintain, in an appropriate form, a record of all warrants, writs, and other processes that the bailiff has received for execution or service; and

      • “(b) include in the record the date that each process was received.”

6 Schedule 1 amended

  • Schedule 1 is amended by revoking forms 60 and 75 and substituting the forms 60 and 75 set out in the Schedule of these rules.

7 Schedule 2A amended

  • The item relating to 10.3 of Schedule 2A is amended by inserting “(with or without judgment debtor present)” after “hearing”.

Schedule
Schedule 1 amended

r 6

“Form 60
“Order for community work

r 584(8)

.
.
.

“Form 75
“Attachment order

r 621

.
.
.
.

Rebecca Kitteridge,

for 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, which come into force on 1 March 2008, amend the District Courts Rules 1992 (the principal rules).

Rule 4 amends rule 7 of the principal rules to allow information that may be required for identification or other official purposes to be added to any forms authorised for use under the principal rules.

Rule 5 replaces rule 574(1) of the principal rules, which currently requires bailiffs to keep, in a book, records of all warrants, writs, and other processes received for execution or service. New rule 574(1) continues to require those records to be kept, but the form in which they must be kept is no longer prescribed. The purpose of this amendment is to enable such records to be kept in electronic form.

Rule 6 revokes and substitutes forms 60 and 75 of Schedule 1 of the principal rules.

Rule 7 amends Schedule 2A of the principal rules, which sets out time allocations for solicitors' costs. The item relating to 10.3 of that schedule provides time allocations for each attendance (by a solicitor) at an examination hearing of a judgment debtor. The words “(with or without judgment debtor present)” are added to clarify that solicitors' costs may still be added if the judgment debtor fails to attend.

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

Date of notification in Gazette: 13 December 2007.