New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint as at 1 February 2012
(SR 2009/257)
Anand Satyanand, Governor-General
At Wellington this 31st day of August 2009
Present:
His 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 122 of the District Courts Act 1947, section 11 of the Admiralty Act 1973, section 16 of the Arbitration Act 1996, section 42 of the Harassment Act 1997, section 81 of the Construction Contracts Act 2002, and section 213 of the Local Government Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and (in relation to jurisdiction conferred by the District Courts Act 1947, the Admiralty Act 1973, or the Construction Contracts Act 2002) with the concurrence of the Chief District Court Judge and at least 2 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.
1.4 Courts to give effect to objective
1.6 Application of High Court Rules
1.7 Mediation or other alternative dispute resolution
1.9 Further provisions about interpretation
1.10 Non-compliance with rules
1.11 Directions in case of doubt
1.12 Questions concerning application of these rules
1.14 Amendment of defects and errors
1.15 Correction of accidental slip or omission
1.16 Calculating periods of time
1.17 When time expires on day when court office is closed
1.18 Extending and shortening time
Offices, holidays, and office hours
1.20 Sittings on court holidays
1.21 Closing or opening by special order
1.29 Cover sheet, numbering, and fastening of document
1.32 Information at foot of cover sheet
1.33 Heading on statement of claim and counterclaim
1.34 Heading of judgment and certain orders
1.35 Heading of other documents
1.37 Documents that must be sealed
1.38 Rules about authority to file and sign documents
Part 2
General procedure for civil claims where no other procedure provided
Subpart 1—Preliminary provisions
Subpart 2—How to start court proceeding
2.2 Overview of notice of claim procedure
General provisions about notice of claim procedure and alternative procedure
2.3 How to start claim, and procedure that applies
2.4 Rules about service of documents
2.5 Who must sign document under this Part
2.6 Undisputed facts treated as being admitted
2.7 Court’s discretion to grant leave to file statement of claim or originating application
2.8 Procedure following granting of leave under rule 2.7
Admiralty, arbitral awards, and defamation
2.9 How to start proceedings relating to admiralty, arbitral awards, or defamation
2.10 Plaintiff to file and serve notice of claim
2.11 Contents of notice of claim
2.12 Defendant to serve response on plaintiff within 30 working days, and opportunity to apply for rule 2.7 order
Plaintiff to serve information capsule
2.14 Plaintiff to serve information capsule on defendant within 30 working days
Defendant to serve information capsule
2.15 Defendant to serve information capsule on plaintiff within 30 working days
Completion of filing and subsequent procedure
2.17 Plaintiff may pursue claim after exchange of information capsules or discontinue
Third and subsequent party notices
2.18 Grounds for joining other parties
2.19 Requirements of third party notice
2.20 Filing and service of third party notice
2.21 Restrictions on entering judgment and allocation of hearing date
2.22 Third party responses to be served within 30 working days
2.23 Service of application for leave
2.25 Default in filing response
2.26 Application of rules to fourth, etc, party notices
2.27 Counterclaim against plaintiff only
2.28 Counterclaim against plaintiff and another person
2.29 Further provisions about counterclaims, including High Court Rules applied
2.31 Notice of claim to be filed and served
2.33 Effect of omission to give notice
2.34 Application of rules relating to third and subsequent party notices
2.35 Right to file and serve reply
2.37 Affirmative defence or positive allegation treated as being admitted unless denied
2.38 High Court Rules and other rules that apply
Subpart 3—How proceedings dealt with
Judgment by default or on formal proof
2.39 Plaintiff may proceed to judgment if no response from defendant
Start of trial allocation procedure
2.40 Court or Registrar to decide whether to allocate short trial
2.41 Criteria for deciding appropriate mode of trial
Availability of summary judgment
2.42 Summary judgment procedure generally
2.43 Summary judgment to enforce claim if settlement fails
2.46 Review of decision to allocate short trial
Conferences for simplified trial and full trial, and interlocutory matters
2.47 Judicial settlement conference
2.48 Judicial directions conference
2.49 Interlocutory applications
2.50 Striking out pleadings, staying or dismissing proceedings, and costs for want of prosecution
2.51 Pre-trial disclosure and interlocutory applications for simplified trial
2.52 Witnesses at simplified trial
2.53 Features of simplified trial
2.54 Full trial follows High Court procedure
Part 3
Rules about particular aspects of proceedings
Subpart 1—General rules about determining proper court, transferred proceedings, translations, and other matters
3.1 How to determine proper court
Transfer from District Court to High Court
3.2 Transfer under section 43 of Act
3.3 Papers to be forwarded to High Court
Proceedings transferred from High Court
3.4 Transfer under section 46 of Act
Use of Māori language, translations, and sign language
3.6 Translation of documents into te reo Māori
3.8 Translation may be ordered by court
3.9 Affidavit in language other than English
3.13 General right of access to formal court record
3.14 Right of parties to access court file or documents
3.15 Access to documents during substantive hearing stage
3.16 Meaning of relevant deadline in rule 3.15
3.17 Access to court files, documents, and formal court record in other cases
3.19 Applications for permission to access documents, court file, or formal court record other than at hearing stage
3.20 Decisions on applications under rule 3.19
3.21 Review of decisions by Registrar
3.22 Matters to be taken into account
3.23 Publication about hearing in chambers
3.24 Order for examination of witness
3.27 Refusal to attend and be sworn
Subpart 2—Rules about lawyers' duties, funds in court, parties, incapacitated persons, interpleader, service, etc
3.32 Investment of funds in court
3.34 Incapacitated persons and litigation guardians
3.35 Change of parties and adjusting parties
3.36 Interpleader before judgment
3.37 Authority to file and sign documents
Set-off and counterclaim against Crown
3.39 Restriction on right of set-off or counterclaim
3.41 Extension of time for service
Recovery of specific property subject to security
3.45 Recovery of specific property
Subpart 3—Rules about interlocutory applications, interrogatories, discovery, inspection, receivers, accounts and inquiries, affidavits, etc
3.46 Application of this subpart
3.47 Consent instead of leave of court
Registrars' jurisdiction and powers under this subpart
3.49 Case management conferences
3.50 Directions as to conduct of proceeding
Hearing, setting down, and counsel assisting
3.51 Allocation of hearing dates and setting down dates
Interlocutory applications and orders
3.52 Interlocutory applications and interlocutory orders
Interim relief, preservation of property, receivers, interim payments
3.54 Interim preservation, etc, of property
3.59 Orders for particular discovery
[Revoked]
3.60 Discovery: affidavits of documents, privilege, public interest
3.61 Discovery: inspection, copying, contempt
3.62 Evidentiary provisions related to discovery and inspection
3.66 Inspection and testing of property
3.68 Expert evidence generally
3.70 Form and content of affidavits
3.71 Swearing or making of affidavits
3.72 Consolidation of proceedings
Separate decision of questions
3.76 General provisions affecting accounts and inquiries
3.77 Report under section 62 or 62A of Act
3.78 Abandonment of excess if more than $200,000 found due on taking of accounts
4.1 Costs at discretion of court
4.2 Principles applying to determination of costs
4.3 Categorisation of proceedings
4.4 Appropriate daily recovery rates
4.5 Determination of reasonable time
4.6 Increased costs and indemnity costs
4.7 Refusal of, or reduction in, costs
4.8 Costs in interlocutory applications
4.9 Costs may be determined by different Judge
4.10 Written offers without prejudice except as to costs
4.13 Joint and several liability for costs
4.14 Defendants defending separately
4.15 Claim and counterclaim both established
4.16 Set-off if costs allowed to both parties
4.17 Solicitor acting in person
4.18 Proceeding transferred from High Court
4.19 Enforcement of order for costs
4.20 Power to make order for security for costs
4.22 Solicitor not to be surety
4.23 Surety becoming bankrupt or insolvent
Part 5
Procedure in special cases
5.1 Application of this Part generally
5.2 Application of this Part to proceedings under Industrial and Provident Societies Act 1908
5.3 High Court Rules applied to proceedings under this Part
Part 6
Originating applications
6.3 High Court Rules applied to proceedings under this Part
Part 7
Proceedings under Harassment Act 1997
7.5 Application of rules in other Parts
7.11 Documents accompanying main applications
7.13 Number of copies to be filed
7.14 Request that residential address be kept confidential
7.15 Request that address of applicant’s solicitor be kept confidential
7.16 Proper court for filing main application
7.17 Proceedings started in wrong court
7.18 Procedure on filing main applications
7.19 Requirement to file and serve notice of defence or address for service
7.20 Consequences of failure to file and serve notice of defence
7.21 Appointment of representative of certain minors
7.22 Applications against minors
7.23 Appointment of representative of person unable or unwilling to take proceeding
7.24 Effect of minor turning 17, marrying, or entering into civil union
7.25 Effect of ceasing to be unable or unwilling to take proceedings
7.26 Personal service of applications
7.27 Main applications served by Registrar
7.28 Parties may not effect service
7.30 Power of Judge to call conference
Transfer of proceeding or hearing
7.35 Transfer with or without application
7.36 Procedure on transfer of proceeding
7.37 Procedure on transfer of hearing
7.38 Form of restraining order
Availability of records for criminal proceedings
7.39 Transfer of information to criminal court
7.40 Interlocutory applications
7.41 Applications for extending time used as delaying tactic
Part 8
Proceedings under subpart 6 of Part 8 of Local Government Act 2002
8.3 Application of rules in other Parts
8.5 Application for removal order
8.6 Procedure on applications for removal order
8.8 Service of removal order on respondent
8.9 Service of removal order on other parties
8.10 Mode of service of removal order
8.12 Manner in which notice of objection to be dealt with
8.13 Interlocutory applications
8.14 Applications for extending time used as delaying tactic
Entry of land to enforce removal orders
8.15 Notice where land entered to enforce removal order
Part 9
Proceedings under Construction Contracts Act 2002
9.3 Application of other rules and practice of court
Review of adjudicator’s determination in respect of owner who is not respondent
9.4 Form of application for review
9.5 Where to file application for review
9.6 Procedure after filing of application for review
9.7 Notice of opposition to application for review
9.8 Adjudicator to forward documents relating to adjudication proceedings on request
Enforcement of adjudicator’s determination
9.9 Application for adjudicator’s determination to be enforced
9.11 Opposition to application for adjudicator’s determination to be enforced
Part 9A
Search warrants issued under Financial Markets Authority Act 2011
Part 10
Proceedings in admiralty
10.3 Application of other rules and practice of court
10.4 Preliminary acts to be filed in collision cases
10.5 Meaning of preliminary act
10.6 Notice of filing of preliminary act to be served on other parties
10.7 Registrar to seal and file preliminary acts
10.8 Failure to lodge preliminary act
10.9 Actions for limitation of liability
10.10 Inspection of ship or other property
Part 11
Entry of award as judgment under article 35 of Schedule 1 of Arbitration Act 1996
11.2 Entry of judgment where all parties agree
11.3 Entry of judgment in other cases
11.4 Application for entry of award as judgment
11.5 Affidavit to be filed in support
11.7 Entry as judgment without notice in exceptional circumstances
11.8 Entry as judgment if defendant takes no steps
11.9 Opposition to entry as judgment
Part 12
Disposal of proceedings
12.3 Affidavit evidence by agreement
Evidence in trans-Tasman proceedings
12.4 Evidence in trans-Tasman proceedings
Procedure for giving evidence by affidavit
Venue, adjournments, and appearances
12.9 Time for doing any act must be stated
12.10 Deed directed to be prepared
12.11 Certificate of judgment or order
12.12 Amount payable exceeds jurisdiction
12.13 Further proceedings after issue of certificate
12.14 Death, etc, of Judge before judgment
12.18 Dismissal for want of prosecution
12.21 Restrictions on right to discontinue proceeding
12.22 Application of rules 12.23 to 12.35 and effect of filing appearance
12.27 Hire purchase or conditional purchase agreement
12.29 Evidence relating to damages
12.31 Several causes of action
12.34 Judgment may be set aside or varied
12.35 Default judgment against the Crown
Part 14
Appeals to District Courts
14.4 Judge may call conference and give directions
14.6 Extension of time for appeal
14.7 Contents of notice of appeal
14.8 Place for filing notice of appeal
14.9 Service of copies of notice of appeal on other parties
14.10 Power to dispense with service
14.11 Appeal not to operate as stay
14.13 Documents to be lodged with Registrar
14.14 Order for transcript of evidence
14.15 Report by decision-maker
14.17 Appeal must be by rehearing
14.18 Powers of court in relation to evidence heard on appeal
14.19 Court has powers of decision-maker
14.21 Appeals from decision arising from contested application
14.22 Appeals from decision arising from uncontested application
14.23 Powers of court hearing appeal
14.25 Registrar to notify decision of court
15.1 Payment in reduction of amount
15.2 Sale of personal property
15.4 Application by judgment creditor of partner
15.5 Application by partner of judgment debtor
15.6 Change of parties after judgment
15.7 Change of name, etc, of party after judgment
15.8 Application to Registrar for suspension of judgment, etc
15.10 Discharge of person under section 98 of Act
15.12 Receipt to be attached to warrant
15.13 Bailiff to enforce warrants, etc
15.14 Return of warrants to other court
15.15 New order for payment of unsatisfied judgment
Examination of judgment debtors
15.17 Order for examination of judgment debtor
15.18 Examination of judgment debtor in different court
15.19 Non-appearance of judgment creditor or witness at examination
15.22 Review of Registrar’s decision
15.24 Hearing of contempt proceeding if judgment debtor outside court district
15.26 Application for charging order
15.27 Filing of application for charging order
15.28 Value of property exceeding $200,000
15.29 Charging order where amount involved small
15.31 Application for relief by persons prejudicially affected
15.32 Claim of third person on property charged
15.33 Apportionment when more than 1 charging order
15.34 Order final in first instance
15.35 Registration of charging order under Land Transfer Act 1952
15.36 Registration of charging order under Deeds Registration Act 1908
15.37 Lodging of charging order under Mining Act 1971
15.38 Sale before registration of charging order
15.39 Discharge of land or mining privilege from charging order
15.40 Charging order expires after 2 years
15.41 Property other than land that may be charged
15.43 Effect of interim charging order
15.44 Liability for breach of interim charging order
15.45 Money may be paid into court
15.46 Application to make interim charging order final
Miscellaneous provisions relating to charging orders
15.47 Costs of charging orders
15.48 Removal of final charging order to High Court
15.49 Application for distress warrant
15.51 Issue, duration, and renewal
15.52 Enforcement against firm
15.53 Concurrent distress warrants
15.54 Costs of distress warrants
15.55 Holding over enforcement and withdrawing from possession
15.56 Reissue of distress warrant
15.58 Bailiff to make inventory
15.60 Bailiff to furnish statements to Registrar
15.61 Court may order enforcement on returned distress warrant
15.62 Application for private sale
15.64 Warrant for recovery of chattels
15.66 Distress warrant for value of chattels and for damages, etc
15.67 Where possession ordered to be taken until security given
15.70 Judgment or order enforceable by committal
15.71 Application for warrant of committal
15.72 Discharge of person in custody
15.73 Release on bail pending hearing of application for discharge from custody
15.76 Where debt exceeds $200,000
15.78 Service and effect of service
15.79 Statement to be filed by sub-debtor in respect of deposit or other accounts
15.80 Payment into court by sub-debtor
15.81 Payment out of court of money paid by sub-debtor
15.82 Garnishee order where sub-debtor does not pay into court or appear
15.84 Where debt stated to belong to third party
15.85 Garnishee orders in respect of deposit and other accounts
15.86 Discharge of sub-debtor as against judgment debtor
15.88 Where money due by sub-debtor under judgment or order
15.92 Garnishee proceeding against the Crown
Interpleader proceedings relating to enforcement
15.94 Notice to enforcement creditor
15.97 Order protecting bailiff
15.100 Security for costs where claimant does not reside in New Zealand
15.101 Particulars and grounds of claim to be lodged
15.102 Withdrawal or admission
15.103 Claim for damages by claimant
15.104 Claim for damages by enforcement creditor
15.105 Payment into court where damages claimed
15.107 Form of writ, and procedure
Proceedings by and against executors and administrators
15.108 Costs where executor sues and fails
15.109 Judgment and enforcement against executor or administrator
15.111 Form of distress warrant
Part 16
Penal and disciplinary provisions
16.1 Proceedings on complaint of assault or rescue
16.2 Misconduct or neglect of officers
16.4 Non-attendance, etc, of witness
16.5 Notice before imposing or enforcing fine
Part 17
Revocation and transitional provisions
Schedule 2
Appropriate daily recovery rates
