District Courts Rules 2009

  • not the latest version
  • District Courts Rules 2009 forms: The Ministry of Justice has produced forms that are designed for practical use in the District Courts and which correspond to those prescribed in the Rules. These user-friendly forms are available at www.pco.parliament.govt.nz/district-courts-rules-forms/

Notices of objection

8.11 Notice of objection
  • 8.11.1 A notice of objection must be in form 30.

    8.11.2 A notice of objection must state whether the objector seeks a discharge of the removal order or whether a specified variation of the order would meet the objector’s concerns.

    8.11.3 An affidavit must accompany every notice of objection and must contain sufficient information to inform the court of—

    • (a) the facts relied on in support of the objection; and

    • (b) the facts relied on in support of the proposed variation of the order (if applicable).

    8.11.4 If a party who wishes to object to a removal order fails to file a notice of objection in form 30 accompanied by an affidavit described in rule 8.11.3, the court may—

    • (a) strike out the objection; or

    • (b) if an oral hearing is to be held to decide the objection, allow the party wishing to object to appear at the hearing only on any terms that the court considers appropriate.

    8.11.5 Rule 8.11.4 does not limit any other power the court may exercise where a party fails to comply with these rules.

    Compare: 1992/109 r 461ZW