District Courts Rules 2009

  • revoked
  • District Courts Rules 2009: revoked, on 1 July 2014, by rule 22.1 of the District Courts Rules 2014 (LI 2014/179).

Reprint
as at 1 July 2014

Coat of Arms of New Zealand

District Courts Rules 2009

(SR 2009/257)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 31st day of August 2009

Present:
His Excellency the Governor-General in Council

  • District Courts Rules 2009: revoked, on 1 July 2014, by rule 22.1 of the District Courts Rules 2014 (LI 2014/179).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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.

Contents

1.1 Title

1.2 Commencement

Part 1
Preliminary provisions

1.3 Objective

1.4 Courts to give effect to objective

1.5 Application of rules

1.6 Application of High Court Rules

1.7 Mediation or other alternative dispute resolution

1.8 Interpretation

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

1.13 Cases not provided for

1.14 Amendment of defects and errors

1.15 Correction of accidental slip or omission

Time

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

1.19 Court holidays

1.20 Sittings on court holidays

1.21 Closing or opening by special order

1.22 Office hours

Postal provision

1.23 Filing by post

Forms and documents

1.24 General requirements

1.25 Form of documents

1.26 Paper

1.27 Margin

1.28 Signature to be original

1.29 Cover sheet, numbering, and fastening of document

1.30 Description of document

1.31 Format of cover sheet

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

1.36 Numbers

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 1Preliminary provisions

2.1 Application of this Part

Subpart 2How to start court proceeding

Overview

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

Alternative procedure

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

Notice of claim procedure

2.10 Plaintiff to file and serve notice of claim

2.11 Contents of notice of claim

Defendant to respond

2.12 Defendant to serve response on plaintiff within 20 working days, and opportunity to apply for rule 2.7 order

2.13 Contents of response

Plaintiff to serve information capsule

2.14 Plaintiff to serve information capsule on defendant within 20 working days

Defendant to serve information capsule

2.15 Defendant to serve information capsule on plaintiff within 20 working days

Completion of filing and subsequent procedure

2.16 Overview diagram

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 20 working days

2.23 Service of application for leave

2.24 Setting aside notice

2.25 Default in filing response

2.26 Application of rules to fourth, etc, party notices

Counterclaims

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

Claims between defendants

2.30 Right to give notice

2.31 Notice of claim to be filed and served

2.32 Response

2.33 Effect of omission to give notice

2.34 Application of rules relating to third and subsequent party notices

Reply

2.35 Right to file and serve reply

2.36 Contents of reply

2.37 Affirmative defence or positive allegation treated as being admitted unless denied

Service of documents

2.38 High Court Rules and other rules that apply

Amendment of pleadings

2.38A Filing of amended notice of claim or counterclaim before response served

2.38B Filing of amended pleading in other cases

Subpart 3How proceedings dealt with

Judgment by default or on formal proof

2.39 Application for judgment in case of default, discontinuance, admission of facts, or lack of defence

2.39A Applications using forms 6A and 6CCA

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 Procedural requirements relating to summary judgment applications

2.43A Particular rules about summary judgment

Short trial

2.44 Purpose of short trial

2.45 Features of short trial

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

Simplified trial disclosure

2.51 Pre-trial disclosure and interlocutory applications for simplified trial

2.52 Witnesses at simplified trial

Simplified trial

2.53 Features of simplified trial

Full trial

2.54 Full trial follows High Court procedure

Part 3
Rules about particular aspects of proceedings

Subpart 1General rules about determining proper court, transferred proceedings, translations, and other matters

Proper court

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

3.5 Speaking in Māori

3.6 Translation of documents into te reo Māori

3.7 Failure to give notice

3.8 Translation may be ordered by court

3.9 Affidavit in language other than English

3.10 Sign language

Access to court documents

3.11 Interpretation

3.12 Application

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

3.18 Restrictions on access

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

Hearings in chambers

3.23 Publication about hearing in chambers

Evidence by deposition

3.24 Order for examination of witness

3.25 Examination of witnesses

3.26 Objection to question

3.27 Refusal to attend and be sworn

3.28 Costs

3.29 Failure to appear

3.30 Deposition as evidence

Subpart 2Rules about lawyers' duties, funds in court, parties, incapacitated persons, interpleader, service, etc

Lawyers' duties

3.31 Lawyers' duties

Funds in court

3.32 Investment of funds in court

Parties

3.33 Parties generally

3.34 Incapacitated persons and litigation guardians

3.35 Change of parties and adjusting parties

Interpleader

3.36 Interpleader before judgment

Filing and signing documents

3.37 Authority to file and sign documents

Appearances

3.38 Appearance

Set-off and counterclaim against Crown

3.39 Restriction on right of set-off or counterclaim

Service of documents

3.40 Prompt service required

3.41 Extension of time for service

3.42 Methods of service

3.43 Substituted service

3.44 Service generally

Recovery of specific property subject to security

3.45 Recovery of specific property

Subpart 3Rules about interlocutory applications, interrogatories, discovery, inspection, receivers, accounts and inquiries, affidavits, etc

Application

3.46 Application of this subpart

Memorandums of consent

3.47 Consent instead of leave of court

Registrars' jurisdiction and powers under this subpart

3.48 Powers of Registrars

Conferences and directions

3.49 Case management conferences

3.50 Directions as to conduct of proceeding [Revoked]

Hearing, setting down, and counsel assisting

3.51 Allocation of hearing dates and close of pleadings dates, and counsel assisting

Interlocutory applications and orders

3.52 Interlocutory applications and interlocutory orders

Interim relief, preservation of property, receivers, interim payments

3.53 Interim relief

3.54 Interim preservation, etc, of property

3.55 Receivers

3.56 Interim payments

Arbitration

3.57 Arbitration by consent

Discovery and inspection

3.58 Discovery orders

3.59 Orders for particular discovery

Discovery

[Revoked]

3.60 Discovery: affidavits of documents, privilege, public interest

3.61 Discovery: inspection, copying, contempt

Evidence

3.62 Evidentiary provisions related to discovery and inspection

Interrogatories

3.63 Interrogatories

Admission of facts

3.64 Admission of facts

Evidence

3.65 Briefs, oral evidence directions, and chronologies

3.66 Inspection and testing of property

3.67 Court-appointed experts

3.68 Expert evidence generally

3.69 Preserving evidence

Affidavits

3.70 Form and content of affidavits

3.71 Swearing or making of affidavits

Consolidations

3.72 Consolidation of proceedings

Separate decision of questions

3.73 Separate decisions

3.74 Removal into High Court

Accounts and inquiries

3.75 Accounts and inquiries

3.76 General provisions affecting accounts and inquiries

Section 62 or 62A reports

3.77 Report under section 62 or 62A of Act

Abandonment of excess

3.78 Abandonment of excess if more than $200,000 found due on taking of accounts

Part 4
Costs

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

4.11 Effect on costs

4.12 Disbursements

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

Security for costs

4.20 Power to make order for security for costs

4.21 How security to be given

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

6.1 Application of this Part

6.2 Starting proceedings

6.3 High Court Rules applied to proceedings under this Part

6.4 Directions as to service

Part 7
Proceedings under Harassment Act 1997

7.1 Application of Part

7.2 Interpretation

7.3 Construction

7.4 Procedure and practice

7.5 Application of rules in other Parts

7.6 Cases not provided for

Forms

7.7 Forms

7.8 Headings

Main applications

7.9 How to start proceedings

7.10 Form of main application

7.11 Documents accompanying main applications

7.12 Supporting affidavits

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

Notice of defence

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

Representatives

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

Service

7.26 Personal service of applications

7.27 Main applications served by Registrar

7.28 Parties may not effect service

7.29 Substituted service

Conferences

7.30 Power of Judge to call conference

7.31 Orders and directions

Amendments

7.32 Amendment before service

Transfer of proceeding or hearing

7.33 Transfer of proceeding

7.34 Transfer of hearing

7.35 Transfer with or without application

7.36 Procedure on transfer of proceeding

7.37 Procedure on transfer of hearing

Form of restraining order

7.38 Form of restraining order

Availability of records for criminal proceedings

7.39 Transfer of information to criminal court

Interlocutory applications

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

8.1 Application of this Part

8.2 Interpretation

8.3 Application of rules in other Parts

Removal orders

8.4 Starting proceeding

8.5 Application for removal order

8.6 Procedure on applications for removal order

8.7 Removal orders

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

Notices of objection

8.11 Notice of objection

8.12 Manner in which notice of objection to be dealt with

Interlocutory applications

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

General

9.1 Application of this Part

9.2 Interpretation

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

9.10 Service

9.11 Opposition to application for adjudicator’s determination to be enforced

Part 9A
Search warrants issued under Financial Markets Authority Act 2011

[Revoked]

9A.1 Form of search warrant [Revoked]

Part 10
Proceedings in admiralty

10.1 Application of this Part

10.2 Interpretation

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

11.1 Interpretation

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

11.6 Service

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

Evidence at trial

12.1 How evidence to be given

12.2 Witness summons

12.3 Affidavit evidence by agreement

Evidence in trans-Tasman proceedings

12.4 Evidence in trans-Tasman proceedings

Procedure for giving evidence by affidavit

12.5 Procedure

Venue, adjournments, and appearances

12.6 Hearing

12.7 Adjournment

General rules about judgments

12.8 Judgment

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

Retrial

12.15 Power to order retrial

12.16 Application for retrial

Summary judgment procedure

[Revoked]

12.17 Summary judgment [Revoked]

Dismissal

12.18 Dismissal for want of prosecution

Judgment on admission

12.19 Judgment on admission

Discontinuance

12.20 Discontinuance

12.21 Restrictions on right to discontinue proceeding

Judgment by default

12.22 Application of rules 12.23 to 12.35 and effect of filing appearance

12.23 Interpretation

12.24 Liquidated demand

12.25 Land

12.26 Chattels

12.27 Hire purchase or conditional purchase agreement

12.28 Unliquidated demand

12.29 Evidence relating to damages

12.30 Other proceedings

12.31 Several causes of action

12.32 Several defendants

12.33 Affidavits to be filed

12.34 Judgment may be set aside or varied

12.35 Default judgment against the Crown

12.36 Overseas service cases

Part 13
Appeals to High Court

13.1 Agreement not to appeal

13.2 Leave to appeal

Part 14
Appeals to District Courts

14.1 Application of this Part

14.2 Interpretation

14.3 How to bring appeal

14.4 Judge may call conference and give directions

14.5 Time for appeal

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

14.12 Cross-appeal

14.13 Documents to be lodged with Registrar

14.14 Order for transcript of evidence

14.15 Report by decision-maker

14.16 Rights of parties

Hearing of appeal

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

14.20 Counsel assisting court

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

14.24 Dismissal of appeal

14.25 Registrar to notify decision of court

Part 15
Enforcement

Enforcement generally

15.1 Payment in reduction of amount

15.2 Sale of personal property

15.3 Examination of any party

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

15.9 Stay of judgment, etc

15.10 Discharge of person under section 98 of Act

15.11 Receipt to be attached to warrant

15.12 Bailiff to enforce warrants, etc

15.13 New order for payment of unsatisfied judgment

15.14 Application for civil enforcement process

Assessment of judgment debtors

15.15 Hearing in different court or place

15.16 Non-appearance of judgment creditor or witness at assessment hearing

15.17 Record of assessment hearing

15.18 Warrant of arrest

15.19 Review of Registrar’s decision

Contempt of enforcement proceedings

15.20 Contempt of enforcement proceedings

15.21 Hearing of contempt of enforcement proceedings if judgment debtor outside court district

Fees, costs, and expenses

15.22 Certain fees, costs, and expenses incurred by judgment creditor may be recovered

Charging orders

15.23 Interpretation

15.24 Application for charging order

15.25 Filing of application for charging order

15.26 Value of property exceeding $200,000

15.27 Charging order where amount involved small

15.28 Form of charging order

15.29 Application for relief by persons prejudicially affected

15.30 Claim of third person on property charged

15.31 Apportionment when more than 1 charging order

15.32 Charging order final in first instance

15.33 Registration of charging order under Land Transfer Act 1952

15.34 Registration of charging order under Deeds Registration Act 1908

15.35 Lodging of charging order under Mining Act 1971

15.36 Sale before registration of charging order

15.37 Discharge of land or mining privilege from charging order

15.38 Charging order expires after 2 years

15.39 Property other than land that may be charged

15.40 Interim charging order

15.41 Effect of interim charging order

15.42 Liability for breach of interim charging order

15.43 Money may be paid into court

15.44 Application to make interim charging order final

Miscellaneous provisions relating to charging orders

15.45 Costs of charging orders

15.46 Removal of final charging order to High Court

Warrants to seize property

15.47 Application for warrant to seize property

15.48 Order of priority

15.49 Issue, duration, and renewal

15.50 Enforcement against firm

15.51 Concurrent warrants to seize property

15.52 Costs of warrants to seize property

15.53 Holding over enforcement and withdrawing from possession

15.54 Reissue of warrant to seize property

15.55 Possession fees

15.56 Bailiff to make inventory

15.57 Accounts of sale

15.58 Bailiff to furnish statements to Registrar

15.59 Court may order enforcement on returned warrant to seize property

15.60 Application for private sale

Delivery of chattels

15.61 Warrant for recovery of chattels

15.62 Warrant of committal

15.63 Warrant to seize property for value of chattels and for damages, etc

15.64 Where possession ordered to be taken until security given

Recovery of land

15.65 Warrant to recover land

Warrant of committal

15.66 Judgment or order enforceable by committal

15.67 Application for warrant of committal

15.68 Discharge of person in custody

15.69 Release on bail pending hearing of application for discharge from custody

Garnishee proceedings

15.70 Interpretation

15.71 Garnishee proceeding

15.72 Where debt exceeds $200,000

15.73 Starting proceeding

15.74 Service and effect of service

15.75 Statement to be filed by sub-debtor in respect of deposit or other accounts

15.76 Payment into court by sub-debtor

15.77 Payment out of court of money paid by sub-debtor

15.78 Garnishee order where sub-debtor does not pay into court or appear

15.79 Order in other cases

15.80 Where debt stated to belong to third party

15.81 Garnishee orders in respect of deposit and other accounts

15.82 Discharge of sub-debtor as against judgment debtor

15.83 Court may refuse order

15.84 Where money due by sub-debtor under judgment or order

15.85 Money in court

15.86 Debts owing by firm

15.87 Costs

15.88 Garnishee proceeding against the Crown

Third party claim process relating to enforcement

15.89 Notice of claim

15.90 Notice to enforcement creditor

15.91 Appraisement

15.92 Admission of claim

15.93 Order protecting bailiff

15.94 Starting proceeding

15.95 Service

15.96 Security for costs where claimant does not reside in New Zealand

15.97 Particulars and grounds of claim to be lodged

15.98 Withdrawal or admission

15.99 Claim for damages by claimant

15.100 Claim for damages by enforcement creditor

15.101 Payment into court where damages claimed

Writs of arrest

15.102 Application for writ

15.103 Form of writ and procedure

Proceedings by and against executors and administrators

15.104 Costs where executor sues and fails

15.105 Judgment and enforcement against executor or administrator

15.106 Assets after judgment

Miscellaneous provisions relating to transmission and authentication of documents, etc

15.107 How documents may be sent

15.108 Authentication of documents

Part 16
Penal and disciplinary provisions

16.1 Proceedings on complaint of assault or rescue

16.2 Misconduct or neglect of officers

16.3 Witnesses and costs

16.4 Non-attendance, etc, of witness

16.5 Notice before imposing or enforcing fine

16.6 Contempt of court

16.7 Enforcement of fine

Part 17
Revocation and transitional provisions

17.1 Revocation

17.2 Transitional provisions

Schedule 1
Forms

Schedule 2
Appropriate daily recovery rates

Schedule 3
Time allocations


Rules

1.1 Title
  • These rules are the District Courts Rules 2009.

1.2 Commencement
  • These rules come into force on 1 November 2009.

Part 1
Preliminary provisions

1.3 Objective
  • 1.3.1 The objective of these rules is to secure the just, speedy, and inexpensive determination of any proceeding or interlocutory application.

    1.3.2 The objective of these rules includes, so far as is practicable,—

    • (a) ensuring that all parties are treated equally; and

    • (b) saving expense; and

    • (c) dealing with the case in ways that are proportionate to—

      • (i) the importance of the case; and

      • (ii) the complexity of the issues; and

      • (iii) the amount of money involved; and

      • (iv) the financial position of each party; and

    • (d) ensuring that the case is dealt with speedily and fairly; and

    • (e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

    Compare: Civil Procedure Rules 2002 r 1.2 (Vanuatu)

1.4 Courts to give effect to objective
  • The courts must give effect to the objective of these rules when they—

    • (a) do any act under these rules; or

    • (b) interpret these rules.

    Compare: SR 1992/109 r 4; Civil Procedure Rules 2002 r 1.3 (Vanuatu)

1.5 Application of rules
  • 1.5.1 These rules apply to—

    • (b) unless otherwise provided in these rules or any other enactment, other civil proceedings taken in a District Court or before a Judge.

    1.5.2 These rules do not apply to proceedings to which the Family Courts Rules 2002 apply, namely—

    • (a) proceedings in Family Courts; or

    • (b) proceedings in District Courts acting under—

      • (i) section 151 of the Children, Young Persons, and Their Families Act 1989; or

    1.5.3 Nothing in this rule prevents the parties in a civil proceeding from applying to the court or a Registrar for an order under rule 1.7 directing the parties to settle their dispute by mediation or other alternative dispute resolution.

    Compare: SR 1992/109 r 2(1), (1A)

1.6 Application of High Court Rules
  • 1.6.1 These rules apply specified High Court Rules (for example, by listing them in the style HCR 5.36—authority to file documents) and the intention is that each High Court Rule applied by these rules applies with the modifications (if any) indicated in these rules and with the other modifications necessary for District Courts.

    1.6.2 In general, modifications are necessary because—

    • (a) there are jurisdictional differences between District Courts and the High Court:

    • (b) District Courts have offices and the High Court has registries:

    • (c) a proceeding (other than one in admiralty or defamation, or to enforce an arbitral award) will be started by filing a notice of claim, and subsequently the proceeding will follow the procedure for responses, information capsules, and notices of pursuit of claim unless a court grants leave for the parties to follow the High Court procedure for statements of claim or originating applications:

    • (d) new forms called information capsules are to be exchanged by the parties:

    • (e) judicial settlement conferences and judicial directions conferences are provided for under these rules rather than case management conferences.

    1.6.3 In applying a High Court Rule that uses a term or expression that is defined in these rules (for example, court), the term or expression has the meaning given by these rules unless these rules otherwise provide or the context otherwise requires.

    1.6.4 In applying a High Court Rule that refers to another provision of or to a form prescribed by those rules, that other provision or form also applies for the purposes of these rules unless these rules otherwise provide or the context otherwise requires.

    1.6.5 For example, in High Court Rules applied by rule 3.44 of these rules (service generally),—

    • (a) a reference to a statement of claim will have to be read as a reference to a notice of claim if the proceeding is or has been pursued under rules 2.10 to 2.17 :

    • (b) a reference to a statement of defence will have to be read as a reference to a response if the proceeding is or has been pursued under those rules.

1.7 Mediation or other alternative dispute resolution
  • 1.7.1 The parties in a proceeding may apply at any time to the court or a Registrar for an order directing the parties to attempt to settle their dispute by an agreed form of mediation or other alternative dispute resolution specified in the order.

    1.7.2 The court or Registrar may make the order only by consent of the parties.

    1.7.3 The fact that the parties are actively pursuing settlement may be taken into account by the court or Registrar in considering an application by 1 or more of the parties for an extension of time under rule 1.18.

    Compare: SR 1992/109 r 433(8); HCR 7.79(5)

1.8 Interpretation
  • In these rules, unless the context otherwise requires,—

    Act means, except in Parts 7 to 11, the District Courts Act 1947

    address for service, in relation to a party, means the address of a place in New Zealand at which a document may be left for that party, or to which it may be sent by post to that party, under these rules or, if the party is a defendant as defined in section 4(1) of the Trans-Tasman Proceedings Act 2010 who is served in Australia under section 13 of that Act with an initiating document for a proceeding, the address of a place in New Zealand or Australia that, under section 18 of that Act, is or is to be treated as the defendant's address for service for the proceeding

    allocate, in relation to a mode of trial, means to decide to proceed by way of that mode of trial

    approved form, in relation to any matter, means a form approved for the purpose of the matter under the Act by the chief executive of the Ministry of Justice

    chattels includes all things that are not land

    civil proceedings, in relation to the Crown, has the same meaning as in section 2(1) of the Crown Proceedings Act 1950

    court

    • (a) means a District Court; and

    • (b) includes a District Court Judge

    court holiday means a day that is a holiday under rule 1.19

    Crown has the same meaning as in section 2(2) of the Crown Proceedings Act 1950

    defendant means a person served or intended to be served with a proceeding (other than a third or subsequent party served with a proceeding under these rules)

    document means—

    • (a) any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, images, or sounds can be derived, and includes—

      • (i) a label, marking, or other writing that identifies or describes a thing of which it forms part, or to which it is attached:

      • (ii) a book, map, plan, graph, or drawing:

      • (iii) a photograph, film, or negative; and

    • (b) information electronically recorded or stored, and information derived from that information

    enforce, in relation to a judgment, means enforce or execute the judgment under Part 6 of the Act

    file, in relation to a document, means to lodge the document in the form required by these rules in the proper court (as determined under rule 3.1), together with the filing fee (if any) that is payable

    full trial means a full trial allocated at a judicial directions conference under rule 2.48.2

    HCF means High Court form (as prescribed by the High Court Rules)

    HCR means High Court rule

    High Court Rules means the rules from time to time set out in Schedule 2 of the Judicature Act 1908 (as amended from time to time)

    incapacitated person has the same meaning as in HCR 4.29

    information capsule means,—

    • (a) in relation to a plaintiff, the plaintiff's information capsule under rule 2.14:

    • (b) in relation to a defendant, the defendant's information capsule under rule 2.15

    interlocutory application means an application for an interlocutory order

    interlocutory order

    • (a) means an order or a direction of the court that—

      • (i) is made or given for the purposes of a proceeding or an intended proceeding; and

      • (ii) concerns a matter of procedure or grants some relief ancillary to that claimed in a pleading; and

    • (b) includes—

      • (i) an order for a new trial; and

      • (ii) an order striking out the whole or part of a pleading; and

      • (iii) an order varying or rescinding an interlocutory order

    land includes any estate, right, title, or interest in land

    lawyer has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006

    litigation guardian has the same meaning as in HCR 4.29

    Māori means a person of the Māori race of New Zealand; and includes any descendant of that person

    minor has the same meaning as in HCR 4.29

    nearer or nearest, in relation to any place, means nearer or nearest by the most practicable route

    notice of claim means a plaintiff's notice of claim filed under rule 2.10

    notice of pursuit of claim means a notice of pursuit of claim filed under rule 2.17.2(d)

    opposite party means, in relation to any party, any other party whose interests are opposed to those of that party

    plaintiff means the person by whom or on whose behalf a proceeding is brought

    pleading includes a notice of claim, a statement of claim, a response, a statement of defence, a reply, and a counterclaim

    proceeding

    • (a) means any application to the court for the exercise of the civil jurisdiction of the court other than an interlocutory application; and

    proper court, in relation to a proceeding, means the court determined under rule 3.1 for the purposes of the proceeding

    Registrar includes a Deputy Registrar

    response includes a defendant's response under rule 2.12, a third party's response under rule 2.22, and a defendant's response under rule 2.32 to a cross-claim

    sale order means a writ of sale

    short trial means a short trial allocated under rule 2.40.2

    simplified trial means a simplified trial allocated at a judicial directions conference under rule 2.48.2

    solicitor has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006

    will say statement, in relation to a witness, means a statement that records the gist of what the plaintiff or defendant (as the case may be) believes the witness will say

    working day means any day of the week other than—

    • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

    • (b) a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

    Compare: SR 1992/109 r 3(1)

    Rule 1.8 address for service: amended, on 11 October 2013, by rule 4 of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

    Rule 1.8 approved form: inserted, on 14 April 2014, by rule 4 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

1.9 Further provisions about interpretation
  • 1.9.1 A word or an expression used in a rule or form in these rules and not defined in these rules but defined in an enactment dealing with the subject matter of that rule or form, unless the context otherwise requires, has the meaning given to it by that enactment.

    1.9.2 In these rules, unless the context otherwise requires, a reference to a proceeding for the recovery of land or chattels is treated as including a proceeding against the Crown for an order declaring that the plaintiff is entitled as against the Crown to, or to the possession of, the land or chattels.

    1.9.3 In a judgment, order, direction, or other document forming part of a proceeding or of an interlocutory application, unless the context otherwise requires,—

    month means a calendar month

    working day has the same meaning as in rule 1.8.

    1.9.4 In these rules, a reference to the time fixed, ordered, or allowed for taking any action is subject to any order made under rule 1.18.

    Compare: SR 1992/109 r 3(2)–(4)

    Rule 1.9.4: inserted, on 14 June 2012, by rule 4 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

1.10 Non-compliance with rules
  • 1.10.1 The fact that these rules have not been fully complied with at any stage of a proceeding does not of itself invalidate—

    • (a) the proceeding; or

    • (b) any step taken in the proceeding; or

    • (c) any document, judgment, or order in the proceeding.

    1.10.2 In the case of non-compliance described in rule 1.10.1,—

    • (a) the court may set aside entirely the steps or proceeding, or do 1 or more of the following:

      • (i) set aside in part the steps or proceeding:

      • (ii) set aside, wholly or in part, any step in the proceeding:

      • (iii) set aside, wholly or in part, any document, judgment, or order in the steps or proceeding:

      • (iv) allow the steps or proceeding to be amended; and

    • (b) whether or not the court acts under paragraph (a), the court may make any other order (for example, as to costs, or adjourning the proceeding) that it thinks fit in the interests of justice.

    1.10.3 The court must not set aside entirely the steps taken or proceeding just because they were not taken or started in the way or by the kind of process required by these rules.

    1.10.4 The court must not act under rule 1.10.2(a) on an interlocutory application made by a party unless—

    • (a) the application has been made within a reasonable time of the non-compliance concerned; and

    • (b) the party has not taken any fresh step after becoming aware of the non-compliance.

    1.10.5 Rule 1.10.4 does not prevent the court from making an order on its own initiative (whether or not the party has made an interlocutory application for the purpose).

    Compare: SR 1992/109 r 5; SR 2002/261 r 17

1.11 Directions in case of doubt
  • 1.11.1 If any party or intended party to a proceeding is in doubt regarding a matter to which this rule applies, that party or intended party may apply without notice to the court for directions.

    1.11.2 This rule applies to any doubt a party has as to—

    • (a) the joinder of any person as a party; or

    • (b) the proper court in which to take any step in the proceeding; or

    • (c) any other matter of procedure under these rules.

    1.11.3 Any step taken in accordance with the directions given on any application under rule 1.11.1 is treated as having been properly taken.

    Compare: SR 1992/109 r 8

1.12 Questions concerning application of these rules
  • 1.12.1 A party in a proceeding may apply to the court for an order determining, and directions relating to, any question that arises as to the application of these rules.

    1.12.2 The court may determine the question and give any directions that it thinks fit in the interests of justice.

    1.12.3 Regardless of whether a party makes an application under rule 1.12.1, the court may, on its own initiative, determine any question as to the application of these rules and give any directions that it thinks fit in the interests of justice.

    Compare: SR 1992/109 r 2(2); HCR 1.4(4)

1.13 Cases not provided for
  • 1.13.1 If any case arises for which no form of procedure is prescribed by any Act, rule, or regulation or by these rules, the court must dispose of the case as nearly as may be practicable in accordance with the provisions of the rules affecting any similar case or in accordance with the provisions of the High Court Rules.

    1.13.2 If there are no relevant High Court Rules, the court must dispose of the case in the manner that the court thinks best calculated to promote the objective of these rules.

    Compare: SR 1992/109 r 9

1.14 Amendment of defects and errors
  • 1.14.1 The court or a Registrar may, before, at, or after the trial of any proceeding, amend any defects and errors in the pleadings or procedure in the proceeding, whether or not there is anything in writing to amend, and whether or not the defect or error is that of the party (if any) applying to amend.

    1.14.2 The court may, at any stage of a proceeding, make, either on its own initiative or on the application of a party to the proceeding, any amendments to any pleading or the procedure in the proceeding that are necessary for determining the real controversy between the parties.

    1.14.3 Amendments made under rule 1.14.1 or 1.14.2 may be made with or without costs and on terms that the court thinks fit in the interests of justice.

    Compare: SR 1992/109 r 11

1.15 Correction of accidental slip or omission
  • 1.15.1 A judgment or order that contains a clerical mistake or an error arising from any accidental slip or omission, whether the mistake, error, slip, or omission was made by an officer of the court or not, or a judgment or order that is so drawn up as not to express what was actually decided and intended, may be corrected by the court or (if the judgment or order was made by a Registrar) by the Registrar.

    1.15.2 The correction may be made by the court or the Registrar, as the case may be, on its or his or her own initiative or on an interlocutory application made for that purpose.

    Compare: SR 1992/109 r 12

Time

1.16 Calculating periods of time
  • 1.16.1 A period of time fixed by the rules or by a judgment, order, or direction or by a document in a proceeding must be calculated in accordance with this rule and rule 1.17.

    1.16.2 When a time of 1 day or a longer time is to be reckoned by reference to a given day or event, the given day or the day of the given event must not be counted.

    1.16.3 Nothing in this rule or in rules 1.17 and 1.18 affects the reckoning of a period of time fixed by the Limitation Act 2010 or any other statute or the application of the Interpretation Act 1999 in relation to the Limitation Act 2010 or any other statute.

    Compare: SR 1992/109 r 13; HCR 1.17

    Rule 1.16.3: amended, on 1 January 2011, by rule 4 of the District Courts (Limitation Act 2010) Amendment Rules 2010 (SR 2010/395).

1.17 When time expires on day when court office is closed
  • When the time for doing any act at an office of the court expires on a day on which that office is closed, so that that act cannot be done on that day, the act is in time if done on the next day on which that office is open.

    Compare: SR 1992/109 r 15; HCR 1.18

1.18 Extending and shortening time
  • 1.18.1 The court may, in its discretion, extend or shorten the time allowed by these rules, or fixed by any order, for doing any act or taking any proceeding or any step in a proceeding, on such terms (if any) as the court thinks fit in the interests of justice.

    1.18.2 The court may order an extension of time although the application for the extension is not made until after the expiration of the time allowed or fixed.

    1.18.2A To avoid doubt, a proceeding does not come to an end just because the time allowed by rule 2.10, 2.14, 2.17, 2.39A, 2.47, or 3.40 or any other rule for taking any action in that proceeding expires, if that time is later extended under rule 1.18.2.

    1.18.3 The court or a Registrar may order an extension of time on application made by written notice instead of by interlocutory application, if the parties consent.

    Compare: SR 1992/109 r 6; HCR 1.19

    Rule 1.18.2A: inserted, on 14 June 2012, by rule 5 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

Offices, holidays, and office hours

1.19 Court holidays
  • 1.19.1 Holidays must be observed in the court and in the offices of the court on the following days:

    • (a) the days in the period beginning on Good Friday and ending with the close of the Monday following Easter:

    • (b) the days in the period beginning 25 December in any year and ending with the close of 2 January in the following year:

    • (c) Saturdays and Sundays:

    • (d) the Sovereign’s birthday:

    • (e) Anzac Day:

    • (f) Labour Day:

    • (g) Waitangi Day:

    • (h) the day observed as the anniversary of the province in which the court is situated:

    • (i) in each place where an office of the court is situated, any day which in that place is—

      • (i) a public holiday; or

      • (ii) a proclaimed holiday:

    • (j) any days on which any office of the court is closed by an order under rule 1.21.

    1.19.2 This rule is subject to the Holidays Act 2003.

    Compare: SR 1992/109 r 17

1.20 Sittings on court holidays
  • 1.20.1 The court may sit on a court holiday if a Judge considers it desirable to do so in order to dispose of business.

    1.20.2 Despite rule 1.20.1, the court may sit on a Sunday, Christmas Day, New Year’s Day, or Good Friday only if a Judge is of the view that the business to be disposed of is extremely urgent.

    1.20.3 If the court sits on a court holiday, it may,—

    • (a) authorise the receipt or issue of any document complying with these rules:

    • (b) authorise the service of any document received or issued under paragraph (a).

    Compare: SR 1992/109 r 18; HCR 3.3

1.21 Closing or opening by special order
  • 1.21.1 The Minister of the Crown who is responsible for the Ministry of Justice may by general or special order direct that any office may be closed on any day specified in the order.

    1.21.2 Despite rule 1.19, any office of the court may from time to time be closed or opened by special order of a Judge.

    1.21.3 If an order to close an office is made under rule 1.21.2, the Registrar must ensure that the order is advertised immediately in the manner directed by a Judge.

    Compare: SR 1992/109 r 19

1.22 Office hours
  • 1.22.1 The office of the court must be open from 9 am to 5 pm on every day that is not a court holiday.

    1.22.2 The Minister of the Crown who is responsible for the Ministry of Justice may from time to time authorise the closing of the office of any court for 1 hour.

    1.22.3 If the Registrar is Registrar of 2 or more courts, or in any other special circumstances, the offices of those courts must be open on the days and at the times from time to time determined by the Minister of the Crown who is responsible for the Ministry of Justice.

    1.22.4 A notice of the office hours must be posted in some convenient place accessible to the public.

    Compare: SR 1992/109 r 20

Postal provision

1.23 Filing by post
  • 1.23.1 Documents to be filed may be posted together with the applicable fee to the Registrar at the proper office of the court.

    1.23.2 A posted document is filed when the Registrar receives it with the applicable fee.

    1.23.3 The Registrar must notify the applicant of the hearing date (if any) allocated for the application.

    1.23.4 If the application is made without notice and does not require an appearance, the Registrar must notify the applicant of the result of the application.

    Compare: SR 1992/109 r 37; HCR 7.21

Forms and documents

1.24 General requirements
  • 1.24.1 The forms set out in Schedule 1 must be used in relevant proceedings under these rules. The forms specific to District Courts are set out fully in the schedule, and High Court forms incorporated by reference in these rules are referred to in the table at the beginning of the schedule.

    1.24.2 Despite anything in this Part, reformatted versions of forms set out in Schedule 1 may be provided by the chief executive of the Ministry of Justice for general use and be received for filing. For example, such versions may use different type sizes or fonts, or reposition information or notes.

    1.24.2A If, by these rules, any form is directed or authorised to be used, any variations may be made to the form as the circumstances of any particular case may require, and any information may be added as is required for identification or other official purposes.

    1.24.3 The High Court forms incorporated in these rules need to be modified to suit District Courts.

    1.24.4 A document that does not comply with these rules may be received for filing only by leave of the court or a Registrar.

    1.24.5 The cost of an application under rule 1.24.4 must be borne by the party making it, and may not be claimed as costs against another party under Part 4.

    1.24.6 Despite rule 1.24.4, a document presented for filing by a party who is not represented by a solicitor may be received and corrected by a Registrar, with the consent of that party.

    1.24.7 A document required by these rules for which no form is specified (either in these rules or in a High Court Rule applied for the purpose of these rules) must—

    • (b) conform as closely as possible to the general style of forms in Schedule 1.

    1.24.8 A document required by these rules for which a form is specified (either in these rules or in a High Court Rule applied for the purpose of these rules) must, in addition, have a cover sheet that complies with rules 1.29 to 1.32.

    1.24.9 Nothing in rule 1.24.7 or 1.24.8 applies to a document to which any provision of Part 15 of these rules or Part 6 of the Act applies.

    Compare: SR 1992/109 r 21

    Rule 1.24.2: amended, on 14 April 2014, by rule 5(1) of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

    Rule 1.24.2A: inserted, on 14 April 2014, by rule 5(2) of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

    Rule 1.24.8: inserted, on 14 June 2012, by rule 6 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 1.24.9: inserted, on 14 April 2014, by rule 5(3) of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

1.25 Form of documents
  • All documents filed in a proceeding must—

    • (a) be legible; and

    • (b) be typewritten, printed, produced in permanent form by photocopying, or be in neat handwriting; and

    • (c) show the number of the proceedings (if any); and

    • (d) have a cover sheet and be numbered in accordance with rule 1.29; and

    • (e) be divided into consecutively numbered paragraphs, with each paragraph dealing with a separate topic; and

    • (f) show the address for service of the party’s lawyer or, if the party is not represented by a lawyer, the party’s address for service.

1.26 Paper
  • Each sheet of paper must be of international size A4.

    Compare: SR 1992/109 r 22

1.27 Margin
  • 1.27.1 A margin of at least one-quarter of the width of the paper must be left on the left-hand side of each page.

    1.27.2 However, if the reverse side of a page is used, a margin of at least one-quarter of the width of the paper must be left on the right-hand side of that page.

    Compare: SR 1992/109 r 23

1.28 Signature to be original
  • If a document is required to be signed,—

    • (a) the signature must be an original signature; and

    • (b) immediately below the original signature, the name of the signatory must be—

      • (i) legibly typed, printed, or stamped; or

      • (ii) legibly written in the style of printed matter.

    Compare: SR 1992/109 r 25

1.29 Cover sheet, numbering, and fastening of document
  • 1.29.1 The first sheet of a document is the cover sheet, showing the matters specified in rules 1.30 and 1.31.

    1.29.2 The cover sheet is not numbered, even if the heading is continued on another sheet under rule 1.31.2.

    1.29.3 Each page after the cover sheet must be numbered consecutively, starting with the number 1.

    1.29.4 All sheets of a document must be securely fastened together.

    Compare: SR 1992/109 r 28

1.30 Description of document
  • 1.30.1 Each document must show on its cover sheet, immediately below the heading, a description of the document adequate to show its precise nature.

    1.30.2 The description must include—

    • (a) words indicating the party by whom or on whose behalf the document is filed; and

    • (b) the words application without notice in the case of an application so made.

    Compare: SR 1992/109 r 29

1.31 Format of cover sheet
  • 1.31.1 The cover sheet of an originating document and of a notice of interlocutory application must—

    • (a) include only—

      • (i) the heading; and

      • (ii) the description of the document; and

      • (iii) if applicable, the next event date; and

      • (iv) if applicable, the name of the Judge to whom the proceeding has been assigned; and

      • (v) the information required by rule 1.32; and

    • (b) leave ample space between the description of the document and the subscription for the inclusion of a minute.

    1.31.2 The heading may, where necessary, be continued on another sheet.

    1.31.3 In rule 1.31.1(a)(iii), next event date means, if allocated, the date and nature of a hearing or conference that is to be held next after the date on which the document is filed.

    Compare: SR 1992/109 r 29A; HCR 5.10

1.32 Information at foot of cover sheet
  • 1.32.1 The following information must appear at the foot of the cover sheet of a document for filing:

    • (a) the name of the solicitor or firm of solicitors (if any) presenting it for filing and the name of any agent by whom the document is filed; and

    • (b) if the document is presented for filing by or on behalf of a solicitor or firm of solicitors,—

      • (i) the name and telephone number of the principal or employee dealing with the proceeding; and

      • (ii) the address of any post office box or document exchange box number used by the solicitor or firm; and

      • (iii) any fax number used by the solicitor or firm; and

      • (iv) any email address used by the solicitor or firm.

    1.32.2 The fact that the name of a solicitor or firm of solicitors is subscribed on a document is prima facie evidence that the document was filed by that solicitor or firm of solicitors.

    1.32.3 A related requirement to include a memorandum at the end of the first document filed by a party is in HCR 5.44 (as applied by rule 3.37.9).

    Compare: SR 1992/109 r 35

1.33 Heading on statement of claim and counterclaim
  • 1.33.1 The heading of a statement of claim, and of any counterclaim intended to be served on any person other than the plaintiff, must show—

    • (a) the number of the proceeding:

    • (b) the office of the court in which it is filed:

    • (c) if the statement of claim or counterclaim seeks relief in reliance on jurisdiction conferred by an Act, the title of that Act:

    • (d) if the relief sought in the statement of claim or counterclaim relates to the validity or interpretation of an instrument, the name of the maker of, or the names of the parties to, the instrument and its date:

    • (e) the full name and the place of residence and occupation of every plaintiff and defendant, so far as they are known to the party presenting the document for filing.

    1.33.2 The form to be used for the purposes of rule 1.33.1 is form 1 or an appropriately modified HCF G 1.

    1.33.3 Rules 1.33.1 and 1.33.2 do not apply if form 2 or 2CC is being used.

    Compare: SR 1992/109 r 30

1.34 Heading of judgment and certain orders
  • The heading of a judgment and of an order (that is required to be registered under any enactment) must be the same as the heading on the notice of claim or other document by which the proceeding was started.

    Compare: SR 1992/109 r 31

1.35 Heading of other documents
  • 1.35.1 The heading of a document (other than a document by which a proceeding is started or a document to which rule 1.34 applies) is to be abbreviated as follows:

    • (a) first or Christian names of persons must be denoted by initials only, unless full names are necessary to distinguish between persons having the same initials:

    • (b) if 2 or more persons are joined in the same interest, the name of the first named only of such persons must be set out, followed by the words and another or and others (as the case may be):

    • (c) places of residence and descriptions of persons (unless necessary to distinguish 2 or more persons required to be named and bearing the same name) and indications of the interest in which a person is a party must be omitted:

    • (d) the names of corporations must be set out in full, but it is not necessary to state the fact of incorporation or refer to the registered office or make any other addition.

    1.35.2 However, a fuller title may be used on a change of parties or if any party considers that a person has in a previous document been wrongly named or described, or for other sufficient reason.

    Compare: SR 1992/109 r 32

1.36 Numbers
  • Numbers must be expressed in figures and not in words.

    Compare: SR 1992/109 r 34

1.37 Documents that must be sealed
  • The following documents must be sealed with the seal of the court before being issued by that court:

    • (a) final orders:

    • (b) documents requiring certification for use in proceedings before another court or Tribunal:

    • (c) orders made on interlocutory applications that are sealed under HCR 7.47 (as applied by rule 3.52.29).

    Compare: SR 1992/109 r 36

1.38 Rules about authority to file and sign documents

Part 2
General procedure for civil claims where no other procedure provided

Subpart 1Preliminary provisions

2.1 Application of this Part
  • 2.1.1 This Part applies to civil claims in District Courts, unless a different procedure applies by virtue of another Part of these rules or another enactment.

    2.1.2 This Part applies to proceedings covered by any of the following Parts only to the extent provided in that following Part:

    • (a) Part 6 (proceedings that are required to be started by filing an originating application):

    • (c) Part 8 (proceedings under subpart 6 of Part 8 of the Local Government Act 2002):

    • (e) Part 10 (proceedings in admiralty):

    • (f) Part 11 (entry of award as judgment under article 35 of Schedule 1 of Arbitration Act 1996).

Subpart 2How to start court proceeding

Overview

2.2 Overview of notice of claim procedure
  • The following diagram is a guide to the notice of claim procedure:

    .

    Rule 2.2 diagram: replaced, on 14 June 2012, by rule 7 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

General provisions about notice of claim procedure and alternative procedure

2.3 How to start claim, and procedure that applies
  • 2.3.1 A plaintiff starts the following by filing a statement of claim under rule 2.9:

    • (a) a proceeding in admiralty:

    • (b) a proceeding in defamation:

    • (c) an action to enforce an arbitral award.

    2.3.2 A plaintiff starts any other proceeding under this Part by filing a notice of claim under rule 2.10.

    2.3.3 The notice of claim procedure in rules 2.10 to 2.17 (which includes serving a response, exchanging information capsules, and completing the filing requirements in order to pursue the claim) applies to all proceedings started under rule 2.10 unless the court otherwise orders under rule 2.7 or these rules otherwise provide.

    2.3.4 When starting a proceeding under rule 2.10, a plaintiff may apply under rule 2.7 for leave to file a statement of claim or originating application, and then to proceed under that rule instead of under the notice of claim procedure in rules 2.10 to 2.17. A defendant may apply under rule 2.12.2 for an order requiring the plaintiff to file a statement of claim or originating application.

    2.3.5 Rules 3.44.21 to 3.44.30 enable notices of claim to be served overseas in accordance with the relevant High Court Rules.

    2.3.6 Rules 2.12.6 and 3.38.1 enable a defendant to object to the court’s jurisdiction in accordance with HCR 5.49.

    2.3.7 Rule 2.50 enables the court to strike out pleadings or to stay or dismiss proceedings, and to grant indemnity costs in certain circumstances when a plaintiff fails to pursue a claim.

    2.3.8 Part 3 sets out or lists rules about particular aspects of proceedings (such as the transfer of proceedings, translations, search of court records, authority to file and sign documents, parties, incapacitated persons, and interlocutory proceedings), which rules apply generally unless the context otherwise requires.

    Rule 2.3.3: amended, on 14 June 2012, by rule 8 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.4 Rules about service of documents
2.5 Who must sign document under this Part
  • A document that is to be filed or served under this Part (for example, a notice of claim, response, notice of pursuit of claim, or reply) must be signed by—

    • (a) the individual taking the action; or

    • (b) if a body corporate is taking the action, an officer authorised to sign on behalf of the body corporate or a duly authorised agent of the body corporate; or

    • (c) if a partnership or trust is taking the action, a person signing according to the Partnership Act 1908 or the Trustee Act 1956, or a duly authorised agent of the partnership or trust; or

    • (d) if a charitable trust is taking the action, a person who is authorised to sign on behalf of the charitable trust; or

    • (e) if an unincorporated body is taking the action, a person who is authorised to sign on behalf of the unincorporated body; or

    • (f) in any case, a solicitor who is authorised to sign by, or on behalf of, the party taking the action.

2.6 Undisputed facts treated as being admitted
  • A fact stated in a notice of claim that is not disputed in the defendant’s response is treated as being admitted for the purpose of proof.

    Compare: SR 1992/109 r 136(3); HCR 5.48(3)

Alternative procedure

2.7 Court’s discretion to grant leave to file statement of claim or originating application
  • 2.7.1 A plaintiff may, by an interlocutory application made when filing the plaintiff’s notice of claim under rule 2.10, apply to the court for an order under rule 2.7.5 granting the plaintiff leave—

    • (a) to file a statement of claim and continue under this rule; or

    • (b) to file an originating application and continue under this rule.

    2.7.2 If the plaintiff makes an application under rule 2.7.1, the proceeding must not be served until the court has determined the application.

    2.7.3 An application under rule 2.7.1 may in the first instance be made without notice, but the court may require notice to be given in accordance with the court’s directions.

    2.7.4 In deciding whether to make an order under rule 2.7.5,—

    • (a) the court must have regard to the objective set out in rule 1.3; and

    • (b) for the purpose of this rule, that objective includes having regard to the following matters:

      • (i) the amount of money involved:

      • (ii) the importance of the case:

      • (iii) the degree of difficulty or complexity to which the issues in the proceedings give rise:

      • (iv) the urgency of the matter:

      • (v) the financial position of each party:

      • (vi) any other matters the court considers relevant.

    2.7.5 The court may make an order accordingly and the proceeding continues subject to any directions in the order.

2.8 Procedure following granting of leave under rule 2.7
  • 2.8.1 If leave is granted under rule 2.7 to proceed by way of a statement of claim, the following rules apply instead of rules 2.12 to 2.37:

    • (a) HCR 4.4 to 4.22 (third, fourth, and subsequent parties and claims between defendants):

    • (b) HCR 5.17 to 5.35, and 7.77 (pleadings, notice of proceeding, statement of claim, and amendment of pleading), subject to rule 2.48.6:

    2.8.2 If leave is granted under rule 2.7 to proceed by way of an originating application,—

    • (a) the originating application must be filed in the proper court, as determined under rule 3.1; and

    2.8.3 The rules applying under rule 2.8.1 or 2.8.2 are subject to any directions stated in the relevant order granting leave.

    2.8.4 An order under rule 2.7 may contain any ancillary directions to enable the proceeding to be dealt with under subpart 3 (rules 2.39 to 2.54), including (without limitation) directions—

    • (a) as to service of documents:

    • (b) requiring a judicial settlement conference to be convened on a specified date:

    • (c) requiring the parties to exchange will say statements:

    • (d) requiring the parties to exchange the documents supporting their case.

    2.8.5 If an application is made under rule 2.7.1, the following provisions apply until the application is determined by the court:

    • (b) time stops running under those rules.

    2.8.6 The plaintiff may proceed to judgment under rule 2.39 if the defendant fails, within the time allowed, to file a statement of defence to the plaintiff’s statement of claim.

    2.8.7 Rules 2.38 and 3.40 to 3.44 indicate or set out rules that apply to the service of documents.

Admiralty, arbitral awards, and defamation

2.9 How to start proceedings relating to admiralty, arbitral awards, or defamation
  • 2.9.1 A plaintiff starts a proceeding in defamation or admiralty by filing a statement of claim, but prior leave is not required under rule 2.7.

    2.9.2 A proceeding for the entry of an arbitral award as a judgment is taken in the manner set out in Part 11, but prior leave is not required under rule 2.7 if enforcement action is started by filing a statement of claim.

    2.9.3 Rules 2.8.1 and 2.8.6 apply with the necessary modifications to every proceeding referred to in rule 2.9.1 and to every statement of claim to enforce an arbitral award, and the court may give any directions under rules 2.8.3 and 2.8.4 that it could give in any case where leave is required.

    2.9.4 Further rules about proceedings in admiralty are set out in Part 10.

Notice of claim procedure

2.10 Plaintiff to file and serve notice of claim
  • 2.10.1 A plaintiff starts a proceeding (other than a proceeding in admiralty or defamation, or to enforce an arbitral award) by filing a notice of claim in form 2.

    2.10.2 A plaintiff starts a proceeding against 2 or more defendants by filing a single notice of claim in form 2 that names each defendant.

    2.10.3 The plaintiff must, as soon as practicable after filing the notice of claim, serve a copy of the notice of claim on each defendant.

    2.10.4 The proceeding comes to an end if the plaintiff does not serve the notice of claim within 12 months after the date on which the notice of claim is filed or within the further time allowed by the court under rule 2.10.6.

    2.10.5 The plaintiff may, before or after the expiration of the period referred to in rule 2.10.4, apply to the court or a Registrar for an order extending that period in respect of any person who has not been served.

    2.10.6 On application under rule 2.10.5, the court or Registrar, if satisfied that reasonable efforts have been made to serve the notice of claim, or for other good reason, may extend the period of service by 6 months starting on the date on which the order is made and so on from time to time while the proceeding is pending.

    2.10.7 A proceeding that comes to an end under this rule is treated as having been discontinued by the plaintiff.

    Compare: SR 1992/109 rr 112, 133, 134

2.11 Contents of notice of claim
  • A notice of claim must—

    • (a) state the plaintiff’s name and address for service; and

    • (b) state the defendant’s name and address; and

    • (c) give a succinct description of the facts justifying the plaintiff’s claim; and

    • (d) contain a signed statement verifying the truth of these facts; and

    • (e) state the relief or remedy the plaintiff seeks; and

    • (f) state whether or not the plaintiff seeks an award of interest; and

    • (g) contain the other matters (if any) indicated by form 2.

Defendant to respond

2.12 Defendant to serve response on plaintiff within 20 working days, and opportunity to apply for rule 2.7 order
  • 2.12.1 A defendant who wishes to respond to a notice of claim must complete and serve a response on the plaintiff within 20 working days after the date on which the plaintiff’s notice of claim is served on the defendant.

    2.12.2 A defendant may, by an interlocutory application, apply to the court for an order requiring the plaintiff—

    • (a) to file a statement of claim and continue under rule 2.7; or

    • (b) to file an originating application and continue under rule 2.7.

    2.12.3 An application under rule 2.12.2 must—

    • (a) be made before, and within the time allowed for, serving the response; and

    • (b) be served together with the response.

    2.12.4 Rules 2.7.4 and 2.7.5 apply with the necessary modifications to applications under rule 2.12.2.

    2.12.5 The plaintiff may proceed to judgment under rule 2.39 if the defendant fails to comply with rule 2.12.1.

    2.12.6 A defendant who wishes to object to the claim on the ground that a District Court does not have jurisdiction to hear and determine the claim may, within the time allowed for serving a response in form 3 and instead of serving a response in that form, file and serve an appearance in form HCF G 7 stating the defendant's objection and grounds for it in accordance with HCR 5.49 (as applied by rule 3.38.1).

    2.12.7 Rules 2.27 and 2.28 provide for the making of counterclaims.

    Rule 2.12 heading: amended, on 14 June 2012, by rule 9(1) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.12.1: amended, on 14 June 2012, by rule 9(2) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.13 Contents of response
  • 2.13.1 In a defendant’s response, which must be in form 3, the defendant must—

    • (a) admit the claim and immediately pay or comply with the requested relief or remedy; or

    • (b) admit the claim but offer an alternative remedy to that requested in the notice of claim; or

    • (c) deny the claim; or

    • (d) partially admit and partially deny the claim.

    2.13.2 A response must also indicate whether the defendant intends to make any counterclaims against the plaintiff. If the defendant does intend to counterclaim, a copy of the filed form 2CC must be attached to the defendant's response when the response is served.

    2.13.3 A response that denies or partially denies the claim must also—

    • (a) succinctly state the defendant’s version of the facts (for example, if the defendant denies the claim or part of a claim, or does not know about an event or fact stated in the notice of claim or could not reasonably have found out about it, the defendant must say so and explain why); and

    • (b) succinctly state any facts the defendant intends to rely on at the trial that are not stated in the notice of claim; and

    • (c) contain a signed statement verifying the truth of those facts; and

    • (d) state an address for service.

    2.13.4 A response must contain the other matters (if any) indicated by form 3.

Plaintiff to serve information capsule

2.14 Plaintiff to serve information capsule on defendant within 20 working days
  • 2.14.1 A plaintiff who wishes to pursue a claim after being served with the defendant’s response must complete an information capsule and serve it on the defendant within 20 working days after the date on which the defendant’s response is served on the plaintiff.

    2.14.2 The purpose of a plaintiff’s information capsule is to—

    • (a) inform the defendant of the essential nature of the plaintiff’s case; and

    • (b) disclose to the defendant the information on which the plaintiff intends to rely, as at the time of service of the capsule.

    2.14.3 In a plaintiff’s information capsule, which must be in form 4, the plaintiff must—

    • (a) rebut the defences raised by identifying and addressing the essential facts in dispute; and

    • (b) explain why any offer (other than an offer expressly stated to be without prejudice except as to costs) made by the defendant has been rejected (for example, by stating why the offer is considered unsatisfactory); and

    • (c) list the witnesses the plaintiff intends to call during the trial; and

    • (d) include or attach will say statements for each witness; and

    • (e) list or describe sufficiently the essential documents supporting the plaintiff’s claim; and

    • (f) to the best of the plaintiff’s knowledge and belief, verify the contents on oath or by affirmation.

    2.14.3A The plaintiff must, as soon as practicable and at the plaintiff's cost, give the defendant a copy of each essential document listed or described in the plaintiff's information capsule that is requested by the defendant.

    2.14.3B A defendant may apply for, and the court may make, an interlocutory order requiring a plaintiff to comply with rule 2.14.3A.

    2.14.4 The plaintiff’s proceeding comes to an end if the plaintiff does not serve the plaintiff’s information capsule on the defendant within the 20-day period specified in rule 2.14.1.

    2.14.5 The plaintiff may start the claim again, subject to any relevant limitation period, only by starting afresh under rule 2.10.

    2.14.6 A proceeding that comes to an end under this rule is treated as having been discontinued by the plaintiff.

    Rule 2.14 heading: amended, on 14 June 2012, by rule 10(1) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.14.1: amended, on 14 June 2012, by rule 10(2) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.14.3A: inserted, on 14 June 2012, by rule 10(3) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.14.3B: inserted, on 14 June 2012, by rule 10(3) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.14.4: amended, on 14 June 2012, by rule 10(4) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

Defendant to serve information capsule

2.15 Defendant to serve information capsule on plaintiff within 20 working days
  • 2.15.1 A defendant who, after being served with the plaintiff’s information capsule, still wishes to contest the plaintiff’s claim must complete an information capsule and serve it on the plaintiff within 20 working days after the date on which the plaintiff’s information capsule is served on the defendant.

    2.15.2 The purpose of a defendant’s information capsule is to—

    • (a) inform the plaintiff of the essential nature of the defendant’s case; and

    • (b) disclose to the plaintiff the information on which the defendant intends to rely, as at the time of service of the defendant's information capsule.

    2.15.3 In a defendant’s information capsule, which must be in form 5, the defendant must—

    • (a) identify and address the facts in dispute that the defendant believes are the essential facts, and respond to the plaintiff’s rebuttal; and

    • (b) describe any offer made to and rejected by the plaintiff; and

    • (c) explain why any offer (other than an offer expressly stated to be without prejudice except as to costs) made by the plaintiff has been rejected (for example, by stating why the offer is considered unsatisfactory); and

    • (d) list the witnesses the defendant intends to call during the trial; and

    • (e) include or attach will say statements for each witness; and

    • (f) list or describe sufficiently the essential documents supporting the defendant’s case; and

    • (g) to the best of the defendant’s knowledge and belief, verify the contents on oath or by affirmation.

    2.15.3A The defendant must, as soon as practicable and at the defendant's cost, give the plaintiff a copy of each essential document listed or described in the defendant's information capsule that is requested by the plaintiff.

    2.15.3B A plaintiff may apply for, and the court may make, an interlocutory order requiring a defendant to comply with rule 2.15.3A.

    2.15.4 The plaintiff may proceed to judgment under rule 2.39 if the defendant fails to comply with rule 2.15.1.

    Rule 2.15 heading: amended, on 14 June 2012, by rule 11(1) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.15.1: amended, on 14 June 2012, by rule 11(2) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.15.3A: inserted, on 14 June 2012, by rule 11(3) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.15.3B: inserted, on 14 June 2012, by rule 11(3) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

Completion of filing and subsequent procedure

2.16 Overview diagram
  • The following diagram is a guide to the procedure that applies under the rest of this Part:

    .

    Rule 2.16 diagram: replaced, on 14 June 2012, by rule 12 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.17 Plaintiff may pursue claim after exchange of information capsules or discontinue
  • 2.17.1 A plaintiff who settles a proceeding under rules 2.10 to 2.15 must, as soon as practicable after settlement, file a notice of discontinuance in form HCF G 24 (and, for this purpose, paragraph 2 of the notice need only state that the proceeding has been settled).

    2.17.2 If a proceeding is not settled under rules 2.10 to 2.15, the plaintiff may pursue it before the court only by taking all of the following steps:

    • (a) the plaintiff must serve on each defendant a notice of pursuit of claim in form 6 (without completing the affidavit section) and, as soon as practicable after service of each form 6, file each completed form 6; and

    • (b) the plaintiff must, when filing under paragraph (a), also file a single copy of the following documents in the proceeding:

      • (i) each form 3 (response by defendant) that has been served on the plaintiff; and

      • (ii) each form 4 (plaintiff's information capsule) that has been served on each defendant; and

      • (iii) each form 5 (defendant's information capsule) that has been served on the plaintiff.

    2.17.3 The date of proof of service of form 6 determines when the court has to make decisions as to the mode of trial under rule 2.40.

    2.17.4 The proceeding comes to an end if the plaintiff does not pursue the claim under rule 2.17.2 within 90 working days after the date on which the defendant’s information capsule is served on the plaintiff.

    2.17.5 The plaintiff may start the claim again, subject to any relevant limitation period, only by starting afresh under rule 2.10.

    2.17.6 A proceeding that comes to an end under this rule is treated as having been discontinued by the plaintiff.

Third and subsequent party notices

2.18 Grounds for joining other parties
  • 2.18.1 A defendant in a proceeding may claim against a person who is not a party to the proceeding (the third party) on the ground that the defendant is entitled to a contribution, indemnity, or other relief or remedy.

    2.18.2 The third party becomes a party to the proceeding with the same rights and obligations in the proceeding as if the defendant had started the proceeding against the third party.

    Compare: SR 1992/109 r 77(1), (3)

2.19 Requirements of third party notice
  • A third party notice, which must be in form 7, must—

    • (a) be signed by the defendant; and

    • (b) inform the third party of—

      • (i) the claim by the plaintiff against the defendant; and

      • (ii) the fact that service of the notice makes the third party a party to the proceedings; and

      • (iii) the claim by the defendant against the third party; and

      • (iv) the steps that the third party is required to take if the third party wishes to dispute either claim; and

      • (v) the consequences that will follow if the third party fails to dispute either claim.

    Compare: SR 1992/109 r 177

2.20 Filing and service of third party notice
  • 2.20.1 A defendant who claims against a third party must,—

    • (a) within 15 working days after service of the plaintiff’s notice of pursuit of claim or within any further time that the court allows by leave, file the third party notice together with the defendant's notice of claim against the third party; and

    • (b) serve those documents on the plaintiff immediately after filing; and

    • (c) serve those documents on the third party within 15 working days after the date of filing.

    2.20.2 Rule 2.11 applies with the necessary modifications to a notice of claim filed under 2.20.1.

    2.20.3 When serving documents under rule 2.20.1(c), the defendant must also serve on the third party—

    • (a) a copy of the plaintiff’s notice of claim against the defendant; and

    • (b) a copy of the defendant’s response to the plaintiff’s notice of claim; and

    • (c) a copy of the defendant’s and plaintiff’s information capsules; and

    • (d) a copy of the plaintiff’s notice of pursuit of claim; and

    • (e) a list of any other documents that, up till that time, have been served by the plaintiff on the defendant or by the defendant on the plaintiff.

    Compare: SR 1992/109 rr 178, 179

2.21 Restrictions on entering judgment and allocation of hearing date
  • 2.21.1 If a defendant meets the defendant’s obligations to the plaintiff under rule 2.20.1, then, until the expiry of the time within which the third party may file a response under rule 2.22, the plaintiff may not, without leave of the court,—

    • (a) enter judgment in the proceeding; or

    • (b) apply for the allocation of a hearing date for the proceeding.

    2.21.2 The plaintiff may apply to the court for leave to do either of the things mentioned in rule 2.21.1(a) or (b) before the third party response time expires.

    2.21.3 The plaintiff must give notice of an application for leave to the defendant and (if the third party has been served) to the third party.

    Compare: SR 1992/109 r 180

2.22 Third party responses to be served within 20 working days
  • 2.22.1 A third party must file, and serve on each plaintiff and defendant, a response to the third party notice within 20 working days after the date on which the defendant’s third party notice is served on the third party.

    2.22.1A A third party must file and serve with the third party's response an information capsule in form 5 that complies with rule 2.15.3.

    2.22.2 Rules 2.5, 2.6, and 2.13 apply with the necessary modifications to a third party response.

    Compare: SR 1992/109 r 181

    Rule 2.22 heading: amended, on 14 June 2012, by rule 13(1) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.22.1: amended, on 14 June 2012, by rule 13(2) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.22.1A: inserted, on 14 June 2012, by rule 13(3) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.23 Service of application for leave
  • If an application to the court for leave to issue a third party notice is required, it must be served on the other parties to the proceeding.

    Compare: SR 1992/109 r 182; HCR 4.15

2.24 Setting aside notice
  • 2.24.1 If a third party notice has been issued and served without prior leave of the court, the third party, plaintiff, or any other party served with the notice may apply to the court to set aside the notice.

    2.24.2 If a third party notice has been served by leave of the court, the third party may apply to the court to set aside the notice.

    2.24.3 On the hearing of the application, the court may—

    • (a) set aside the third party notice and dismiss the defendant’s notice of claim against the third party either on the merits or without prejudice to the right of the defendant to pursue the claim against the third party by an independent proceeding; or

    • (b) give any other directions relating to the third party notice that it thinks fit in the interests of justice.

    Compare: SR 1992/109 r 183

2.25 Default in filing response
  • 2.25.1 If the third party does not file a response within the time allowed, the third party—

    • (a) is treated as admitting the validity of, and is bound by, any judgment given in the proceeding, whether by consent, default, or otherwise; and

    • (b) is bound by any decision in the proceeding on any question specified in the defendant’s notice of claim.

    2.25.2 When contribution or indemnity or any relief or remedy is claimed against the third party in the defendant's notice of claim, the third party is treated as admitting liability in respect of the contribution, indemnity, relief, or remedy.

    2.25.3 Rules 2.25.1 and 2.25.2 do not apply in the case of third party proceedings against the Crown unless the court so orders on an application served on the Crown not less than 7 working days before the day for the hearing of those matters specified in the application.

    Compare: SR 1992/109 r 184

2.26 Application of rules to fourth, etc, party notices
  • Rules 2.18 to 2.25 apply with the necessary modifications to fourth and subsequent party notices.

    Compare: SR 1992/109 r 185

Counterclaims

2.27 Counterclaim against plaintiff only
  • 2.27.1 A defendant who wishes to counterclaim against the plaintiff only starts the counterclaim under rule 2.27.2. or 2.27.4.

    2.27.2 A defendant who counterclaims under the notice of claim procedure in rules 2.10 to 2.17 (as modified by rule 2.27.3) must—

    • (a) file a notice of counterclaim in form 2CC within 20 working days after the date on which the plaintiff's notice of claim is served on the defendant; and

    • (b) serve form 2CC at the same time as the defendant's response to the notice of claim is served by attaching form 2CC to the response.

    2.27.3 Rules 2.12 to 2.17 apply with the necessary modifications to counterclaims under rule 2.27.2, including the following modifications:

    • (a) a plaintiff who is served with form 2CC must serve a response in form 3CC within 20 working days after the date on which form 2CC is served (see rules 2.12 and 2.13):

    • (b) the defendant must serve an information capsule in form 4CC within 20 working days after the date on which form 3CC is served (see rule 2.14):

    • (c) the plaintiff must serve an information capsule in form 5CC within 20 working days after the date on which form 4CC is served (see rule 2.15):

    • (d) the defendant pursues the counterclaim by serving form 6CC (without completing the affidavit section) and, within 90 working days after the date on which form 5CC is served, filing the completed form 6CC together with copies of forms 3CC, 4CC, and 5CC (see rule 2.17).

    2.27.4 If the High Court Rules referred to in rule 2.8.1(d) apply, a defendant counterclaims against the plaintiff only by filing and serving a statement of counterclaim in accordance with those rules.

    2.27.5 The plaintiff rebuts the defendant’s counterclaims under rule 2.27.4 by filing and serving a statement of defence in accordance with the High Court Rules referred to in rule 2.8.1(d), and those High Court Rules apply instead of the modified rules 2.12 to 2.17.

    Compare: SR 1992/109 rr 168, 170–172

    Rule 2.27.2(a): amended, on 14 June 2012, by rule 14(1) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.27.3(a): amended, on 14 June 2012, by rule 14(2) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.27.3(b): amended, on 14 June 2012, by rule 14(2) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.27.3(c): amended, on 14 June 2012, by rule 14(2) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.28 Counterclaim against plaintiff and another person
  • 2.28.1 A defendant who wishes to counterclaim against the plaintiff along with any other person (whether a party to the proceeding or not) for any relief relating to or connected with the original subject matter of the proceeding must, within the time allowed by rule 2.27, start the counterclaim in accordance with rule 2.27.

    2.28.2 The other person against whom the counterclaim is made is called a counterclaim defendant.

    2.28.3 Rule 2.27 applies with the necessary modifications to counterclaims under this rule.

    Compare: SR 1992/109 r 173(1)–(5)

2.29 Further provisions about counterclaims, including High Court Rules applied
  • 2.29.1 The court may at any time order that a counterclaim be struck out, on any terms it thinks appropriate, if it appears that—

    • (a) by reason of the counterclaim a plaintiff is likely to be unduly delayed in obtaining the plaintiff’s relief; or

    • (b) the hearing (if a hearing is necessary) is to be held at a place where it could not be held if a counterclaim defendant had been made defendant to an independent proceeding instituted against the counterclaim defendant by the defendant in respect of the subject matter of the counterclaim; or

    • (c) the relief in the counterclaim is not related to or connected with the original subject matter of the proceeding.

    2.29.2 Rules 2.27, 2.28, 2.29.1, and 2.29.3 and 2.29.4 apply to a counterclaim by a counterclaim defendant in the same way as if the counterclaim defendant were a defendant in a separate proceeding brought by the defendant. For this purpose, defendant includes the counterclaim defendant and plaintiff includes the defendant who has joined the counterclaim defendant.

    2.29.3 HCR 5.58—place of trial of counterclaim.

    2.29.4 HCR 5.59—status of counterclaim if proceeding stayed.

    2.29.5 HCR 5.61—restriction when the Crown involved (as applied by rule 3.39).

    Compare: SR 1992/109 rr 169, 173(6)–176

Claims between defendants

2.30 Right to give notice
  • 2.30.1 This rule applies if, in a proceeding, a defendant (defendant A) claims against another defendant (defendant B) in circumstances where, had defendant B not been a defendant, defendant A would be entitled to issue and serve a third party notice on defendant B.

    2.30.2 When this rule applies, defendant A may, not later than 30 working days before the hearing date for the proceeding, file and serve on defendant B and on the plaintiff a notice in form 8 to that effect.

    Compare: SR 1992/109 rr 186, 189

2.31 Notice of claim to be filed and served
  • 2.31.1 A defendant who files a notice under rule 2.30 must file and serve with that notice a notice of claim against the other defendant.

    2.31.2 Rule 2.11 applies with the necessary modifications to a notice of claim under rule 2.31.1.

    Compare: SR 1992/109 r 187

2.32 Response
  • 2.32.1 A defendant who is served with a notice under rule 2.30 (defendant B) must file a response to the claim made by the defendant who served the notice (defendant A) only if defendant B wishes to raise an affirmative defence to defendant A’s claim.

    2.32.2 Rules 2.5, 2.6, and 2.13 apply with the necessary modifications to a response under rule 2.32.1.

    Compare: SR 1992/109 r 188

2.33 Effect of omission to give notice
  • The omission of a defendant to give a notice under rule 2.30 does not prevent the court from giving any judgment or granting any relief in favour of that defendant that might have been given or granted had that rule not been made.

    Compare: SR 1992/109 r 190

2.34 Application of rules relating to third and subsequent party notices
  • 2.34.1 A defendant who wishes to dispute a claim notified under rule 2.30 must, within 15 working days after the date on which the notice of claim is served on the defendant,—

    • (a) file a response to the claim; and

    • (b) serve a copy of the response on—

      • (i) the other defendant who made the claim; and

      • (ii) the plaintiff; and

      • (iii) the other parties who have filed an address for service.

    2.34.2 Rules 2.18 to 2.25 (except rule 2.22.1) apply with the necessary modifications to claims under rules 2.30 to 2.33.

    Compare: SR 1992/109 r 191

Reply

2.35 Right to file and serve reply
  • 2.35.1 If a response pleads any affirmative defence or contains any positive allegation affecting any other party, the plaintiff or that other party may, within 15 working days after the date on which that response is served on the plaintiff or other party, file and serve a reply on the party serving the response.

    2.35.2 It is not necessary to file and serve a reply under rule 2.35.1 unless the court so orders.

    Compare: SR 1992/109 r 192

2.36 Contents of reply
  • A reply, which must be in form 9, must be limited to answering the affirmative defence or positive allegation, but otherwise must comply with the rules as to responses so far as they are applicable.

    Compare: SR 1992/109 r 193

2.37 Affirmative defence or positive allegation treated as being admitted unless denied
  • An affirmative defence or positive allegation in a response that is not denied is treated as being admitted for the purpose of proof.

    Compare: SR 1992/109 r 194; HCR 5.63(2)

Service of documents

2.38 High Court Rules and other rules that apply
  • 2.38.1 The rules set out or listed in rules 3.40 to 3.44 apply to the service of documents (other than originating applications) under this Part.

    2.38.2 The documents concerned include (without limitation)—

    • (a) a plaintiff’s notice of claim:

    • (b) a defendant’s response:

    • (c) a plaintiff’s information capsule:

    • (d) a defendant’s information capsule:

    • (e) a plaintiff’s notice of pursuit of claim:

    • (f) third or subsequent party notices:

    • (g) a counterclaim against a plaintiff only or against a plaintiff and another person:

    • (h) claims between defendants:

    • (i) a reply to a response:

    • (j) a statement of claim, notice of proceeding, and statement of defence under rules 2.7 to 2.9.

    Compare: SR 1992/109 rr 214–249

Amendment of pleadings

  • Heading: inserted, on 14 June 2012, by rule 15 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.38A Filing of amended notice of claim or counterclaim before response served
  • 2.38A.1 A pleading that is proceeding under rules 2.10 to 2.17 may be amended only in accordance with this rule.

    2.38A.2 A plaintiff who has filed and served a notice of claim, but has not been served with a response within the time allowed, may within 10 working days after the last day on which the response was allowed to be served, or later with the leave of the court, file an amended notice of claim and serve a copy of it on every other party.

    2.38A.3 A defendant who has filed and served a notice of counterclaim, but has not been served with a response within the time allowed, may within 10 working days after the last day on which the response was allowed to be served, or later with the leave of the court, file an amended notice of counterclaim and serve a copy of it on every other party.

    2.38A.4 If a response has been served, a party may, at any time before a trial date is allocated, file an amended pleading and serve a copy of it on every other party.

    2.38A.5 A party who files an amended pleading after the response has been served must, contemporaneously with filing, serve an appropriately updated information capsule on every other party.

    2.38A.6 In any case, once a trial date has been allocated, any party may at any time before trial file an amended pleading only—

    • (a) with the leave of the court; or

    • (b) with the consent of all other parties to the proceeding.

    2.38A.7 If a claim or counterclaim is amended,—

    • (a) the defendant or plaintiff, as the case may be, may serve a response and that response must be served within 10 working days after the date on which the amendment is filed; and

    2.38A.8 An amended pleading may introduce, as an alternative or otherwise,—

    • (a) a fresh cause of action, which is not statute-barred; or

    • (b) a fresh ground of defence.

    2.38A.9 An amended pleading may introduce a fresh cause of action whether or not that cause of action has arisen since the filing of the notice of claim.

    Rule 2.38A: inserted, on 14 June 2012, by rule 15 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.38B Filing of amended pleading in other cases
  • 2.38B.1 In any case not provided for in rule 2.38A, a party in a proceeding may at any time before trial file an amended pleading and serve a copy of it on every other party.

    2.38B.2 HCR 7.77(2) to (8) (filing of amended pleading) apply to the amended pleading.

    Rule 2.38B: inserted, on 14 June 2012, by rule 15 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

Subpart 3How proceedings dealt with

Judgment by default or on formal proof

2.39 Application for judgment in case of default, discontinuance, admission of facts, or lack of defence
  • 2.39.1 A plaintiff who is pursuing a claim under rules 2.10 to 2.17 may apply immediately for judgment if—

    • (a)  the defendant does not, within the time allowed,—

      • (i) serve on the plaintiff the defendant's form 3 (response by defendant); or

      • (ii) serve on the plaintiff the defendant's form 5 (defendant's information capsule); or

    • (b) the defendant's form 3 contains an admission of the facts stated in the plaintiff's form 2 (notice of claim); or

    • (c) the defendant's form 3 does not disclose any defence to the plaintiff's claim in form 2.

    2.39.2 A defendant who is pursuing a counterclaim under rule 2.27 or 2.28 may apply immediately for judgment if—

    • (a)  the plaintiff does not, within the time allowed,—

      • (i) serve on the defendant the plaintiff's form 3CC (response by plaintiff (for counterclaim)); or

      • (ii) serve on the defendant the plaintiff's form 5CC (plaintiff's information capsule (for counterclaim)); or

    • (b) the plaintiff's form 3CC contains an admission of the facts stated in the defendant's form 2CC (notice of counterclaim); or

    • (c) the plaintiff's form 3CC does not disclose any defence to the defendant's counterclaim in form 2CC.

    2.39.3 A plaintiff who files a statement of claim in accordance with these rules may apply immediately for judgment if the defendant does not, within the time allowed, file a statement of defence to the plaintiff's statement of claim.

    2.39.4 When rule 2.39.1 applies,—

    • (a) the plaintiff's proceeding comes to an end if the plaintiff does not file the plaintiff's form 6A (application for judgment) within the time allowed; and

    • (b) rules 2.17.5 (starting claim again) and 2.17.6 (treated as discontinuance) apply as if the proceeding had come to an end under rule 2.17.

    2.39.5 When rule 2.39.2 applies,—

    • (a) a defendant's counterclaim comes to an end if the defendant does not file the defendant's form 6CCA (application for judgment (for counterclaim)) within the time allowed; and

    • (b) rules 2.17.5 (starting claim again) and 2.17.6 (treated as discontinuance) apply as if the proceeding had come to an end under rule 2.17.

    2.39.6 A defendant may apply immediately for judgment for costs if the plaintiff's claim is, or is treated as having been, discontinued.

    2.39.7 A plaintiff in a counterclaim may apply immediately for judgment for costs if the defendant's counterclaim is, or is treated as having been, discontinued.

    2.39.8 Part 12 contains the procedure for obtaining judgment under this rule.

    Rule 2.39: replaced, on 14 June 2012, by rule 16 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.39A Applications using forms 6A and 6CCA
  • A person applies for judgment under rule 2.39 by filing an application together with any other required documents within the time allowed, as specified in the relevant one of the following paragraphs:

    • Rule 2.39.1(a)(i): defendant has not served form 3
    • (a) form 6A must be filed within the period starting on the 21st working day and ending with the close of the 90th working day after the date on which the plaintiff's form 2 was served on the defendant:

    • Rule 2.39.1(a)(ii): defendant has not served form 5
    • (b) form 6A must be filed within the period starting on the 21st working day and ending with the close of the 90th working day after the date on which the plaintiff's form 4 was served on the defendant:

    • Rule 2.39.1(b): defendant admits facts stated in plaintiff's form 2
    • (c) form 6A and a copy of the defendant's form 3 must be filed within the period starting on the first working day after the date on which the defendant's form 3 was served on the plaintiff and ending with the close of the 90th working day after the date on which the plaintiff's form 2 was served on the defendant:

    • Rule 2.39.1(c): defendant's form 3 does not disclose any defence to plaintiff's form 2
    • (d) form 6A and a copy of the defendant's form 3 must be filed within the period starting on the first working day after the date on which the defendant's form 3 was served on the plaintiff and ending with the close of the 90th working day after the date on which the plaintiff's form 2 was served on the defendant:

    • Rule 2.39.2(a)(i): plaintiff has not served form 3CC
    • (e) form 6CCA must be filed within the period starting on the 21st working day and ending with the close of the 90th working day after the date on which the defendant's form 2CC was served on the plaintiff:

    • Rule 2.39.2(a)(ii): plaintiff has not served form 5CC
    • (f) form 6CCA, a copy of the plaintiff's form 3CC, and a copy of the defendant's form 4CC must be filed within the period starting on the 21st working day and ending with the close of the 90th working day after the date on which the defendant's form 4CC was served on the plaintiff:

    • Rule 2.39.2(b): plaintiff admits facts stated in defendant's form 2CC
    • (g) form 6CCA and a copy of the plaintiff's form 3CC must be filed within the period starting on the first working day after the date on which the plaintiff's form 3CC was served on the defendant and ending with the close of the 90th working day after the date on which the defendant's form 2CC was served on the plaintiff:

    • Rule 2.39.2(c): plaintiff's form 3CC does not disclose any defence to defendant's form 2CC
    • (h) form 6CCA and a copy of the plaintiff's form 3CC must be filed within the period starting on the first working day after the date on which the plaintiff's form 3CC was served on the defendant and ending with the close of the 90th working day after the date on which the defendant's form 2CC was served on the plaintiff:

    • Rule 2.39.6: plaintiff's claim discontinued
    • (i) form 6A and a copy of the defendant's forms 3 and 5 (if served) must be filed within the period starting on the 21st working day and ending with the close of the 90th working day after the date on which the defendant's form 3 or 5 (as the case may be) was served on the plaintiff:

    • Rule 2.39.7: defendant's counterclaim discontinued
    • (j) form 6CCA and a copy of the plaintiff's form 3CC and 5CC (if served) must be filed within the period starting on the 21st working day and ending with the close of the 90th working day after the date on which the plaintiff's form 3CC or 5CC (as the case may be) was served on the plaintiff.

    Rule 2.39A: inserted, on 14 June 2012, by rule 16 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

Start of trial allocation procedure

2.40 Court or Registrar to decide whether to allocate short trial
  • 2.40.1 The modes of trial available in a proceeding are—

    • (a) the short trial:

    • (b) the simplified trial:

    • (c) the full trial.

    2.40.2 The court or a Registrar must first either allocate a short trial or decide not to allocate a short trial; and rules 2.44 to 2.46 apply if a short trial is allocated.

    2.40.3 A decision under rule 2.40.2 must be made as soon as practicable after the expiry of 15 working days after the date on which the court receives proof of service of the notice of proceeding or notice of pursuit of claim, unless a third or subsequent party notice is filed within that 15-day period or a counterclaim is filed in accordance with rule 2.27 or 2.28.

    2.40.4 If a third or subsequent party notice has been filed within that 15-day period, a decision under rule 2.40.2 must be made as soon as practicable after the expiry of 30 working days after the date by which the third or subsequent party notice is required to be filed.

    2.40.5 If a counterclaim has been filed in accordance with rule 2.27 or 2.28, a decision under rule 2.40.2 must be made as soon as practicable after the expiry of 15 working days after the date on which the court receives proof of service of the notice of pursuit of counterclaim or the statement of counterclaim or notice of proceeding (if any) in respect of the counterclaim.

    2.40.6 If the court or Registrar decides not to allocate a short trial,—

    • (a) a judicial settlement conference must be held by a Judge under rule 2.47:

    • (b) if the parties do not settle the proceedings at the judicial settlement conference stage, rule 2.48 provides that the judicial settlement conference becomes a judicial directions conference, and at that conference a simplified trial or full trial is allocated.

    2.40.7 A simplified trial or full trial proceeds on the date set for the trial unless summary judgment is given in the proceedings before the trial starts.

    2.40.8 A judicial settlement conference must be held as soon as practicable after the period ending 30 working days after the date of the relevant decision not to allocate a short trial.

    Compare: SR 1992/109 rr 425–430

2.41 Criteria for deciding appropriate mode of trial
  • In deciding the appropriate mode of trial, the court or a Registrar may have regard to the following:

    • (a) the number of parties:

    • (b) the complexity of the issues:

    • (c) the amount at stake:

    • (d) proportionality:

    • (e) the nature of the action:

    • (f) party requests:

    • (g) any other matter the court or Registrar considers relevant.

Availability of summary judgment

2.42 Summary judgment procedure generally
  • 2.42.1 An application for summary judgment must be made by an interlocutory application.

    2.42.2 The summary judgment procedure under these rules is available—

    • (a) to enforce an agreed settlement arranged under rule 1.7 (mediation or other alternative dispute resolution) or 2.47 (judicial settlement conference) that is not completed as agreed:

    • (b) to recover a debt under section 23 or 24 of the Construction Contracts Act 2002:

    • (c) in any other proceedings commenced under these rules other than a proceeding under Part 14 (appeals).

    2.42.3 In a case proceeding under rule 2.8, summary judgment is available in accordance with the relevant High Court Rules (with any modifications indicated in these rules).

    2.42.4 The High Court Rules listed in rule 2.43A apply to other aspects of applications for summary judgment under these rules.

    2.42.5 The summary judgment procedure is not available in proceedings under Part 14 (appeals).

    2.42.6 The following diagram is a guide to the summary judgment procedure:

    .

    Rule 2.42: replaced, on 14 June 2012, by rule 17 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.43 Procedural requirements relating to summary judgment applications
  • 2.43.1 A party may file an application for summary judgment,—

    • (a) in a proceeding described in rule 2.42.2(a) (to enforce an agreed settlement), within 20 working days after the date on which the notice of claim or notice of counterclaim is filed, or later with the leave of the court:

    • (b) in a proceeding described in rule 2.42.2(b) (to recover a debt under section 23 or 24 of the Construction Contracts Act 2002), within 20 working days after the date on which the notice of claim or notice of counterclaim is filed, or later with the leave of the court:

    • (c) in any other proceeding started under these rules in which a response is required to be served, within 20 working days after the date by which the response is required to be served on the plaintiff or counterclaimant (as the case may be), or later with the leave of the court.

    2.43.2 The following provisions apply on and from the time of filing the application for summary judgment until the application is determined by the court:

    • (b) time stops running under those rules.

    2.43.3 The supporting affidavit must, in addition to meeting the requirements of HCR 12.4 (as applied by rule 2.43A of these rules), include all the information that the party would otherwise be required to provide in an information capsule if the operation of rules 2.14 to 2.17 had not been suspended.

    2.43.4 The notice of opposition required by HCR 12.9 (as so applied) must be filed and served within 15 working days after the date of service of the application for summary judgment.

    2.43.5 The affidavit in answer required by HCR 12.9 (as so applied) must, in addition to meeting the requirements of HCR 12.9, include all the information that the party would otherwise be required to provide in an information capsule if the operation of rules 2.14 to 2.17 had not been suspended.

    2.43.6 The affidavit in reply required by HCR 12.11 (as so applied) must be filed and served within 10 working days after the date of service of the notice of opposition.

    2.43.7 If the court dismisses an application for summary judgment to which rule 2.43.1 applies, the court must, when giving reasons for that dismissal, allocate—

    • (a) a short trial; or

    • (b) a simplified trial; or

    • (c) a full trial.

    2.43.8 If the court allocates a simplified trial or full trial,—

    • (a) the court must convene a judicial directions conference as soon as practicable and rules 2.48.3 to 2.48.7 apply:

    • (b) the court may also convene a judicial settlement conference, and in that case rule 2.47 applies.

    Rule 2.43: replaced, on 14 June 2012, by rule 17 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.43A Particular rules about summary judgment
  • 2.43A.1 HCR 12.2—judgment where there is no defence or where no cause of action can succeed.

    2.43A.2 HCR 12.3—summary judgment on liability.

    2.43A.3 HCR 12.4—interlocutory application for summary judgment. However, in a case following the procedure under rules 2.12 to 2.17 of these rules, rule 2.43.1 provides when an application may be made.

    2.43A.4 HCR 12.5—service out of New Zealand.

    2.43A.5 HCR 12.6—requirements as to notice of proceeding.

    2.43A.6 HCR 12.7—time for service.

    2.43A.7 HCR 12.8—postponement of hearing.

    2.43A.8 HCR 12.9—notice of opposition and affidavit in answer. The notice must be served within the period allowed by rule 2.43.4 of these rules.

    2.43A.9 A defendant who has filed both a notice of opposition and an affidavit in answer must, at the same time, file a response in form 3 in the registry of the court in which the notice of opposition and the affidavit were filed.

    2.43A.10 HCR 12.11—affidavits in reply. The affidavit in reply must be served within the period allowed by rule 2.43.6 of these rules.

    2.43A.11 HCR 12.12—disposal of application.

    2.43A.12 HCR 12.13—time for filing statement of defence on dismissal of plaintiff's application.

    2.43A.13 HCR 12.14—setting aside judgment.

    2.43A.14 HCR 12.15—discontinuance.

    2.43A.15 HCR 12.16—application to counterclaims and claims against third parties. However, HCR 12.1 does not apply.

    Rule 2.43A: inserted, on 14 June 2012, by rule 17 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

Short trial

2.44 Purpose of short trial
  • 2.44.1 The short trial is intended for claims where the court or a Registrar considers that 1 or more of the following apply:

    • (a) the case can come to a hearing quickly:

    • (b) the issues are relatively uncomplicated or a modest amount is at stake:

    • (c) the trial time is not likely to exceed a day.

    2.44.2 The court or Registrar must set a date for trial, and any interlocutory steps must occur not later than 15 working days before the date for trial and are confined to—

    • (a) exchanging further or revised will say statements:

    • (b) exchanging further documents on which a party intends to rely:

    • (c) the examination of witnesses under rule 3.24.

    2.44.3 However, the court or Registrar may, for good reason consistent with the objective of these rules, allow interlocutory steps that would not otherwise comply with this rule.

    2.44.4 The power in rule 2.44.3 includes power to apply High Court Rules relating to interlocutory matters listed in subpart 3 of Part 3.

    2.44.5 The High Court Rules referred to in rule 2.44.4 apply to proceedings allocated a short trial only to the extent that they are specifically applied by the court or Registrar.

2.45 Features of short trial
  • 2.45.1 The features of the short trial procedure are as follows:

     StepsRequirements
     1Interlocutory stepsThe only pre-hearing steps allowed are those described in rule 2.44.2.
     2Statements of evidenceThe only evidential statements allowed to be produced are the will say statements.
     3Oral evidenceOral evidence is allowed.
     4Production of bundles of documents for trialNo bundles are required.
     5Judicial settlement conferenceThis conference is not required.

    2.45.2 The total time for the presentation of a party's case must not exceed the total time calculated as follows:

     ItemTime limit (minutes)
     1Examination of witnesses40 per witness
     2Cross-examination of witnesses20 per witness
     3Re-examination of witnesses10 per witness
     4Submissions for a party30 per party

    2.45.3 However, the court may, for good reason consistent with the objective of these rules, extend the total time available to a party.

2.46 Review of decision to allocate short trial
  • 2.46.1 A party may apply for a review of a decision to allocate a short trial.

    2.46.1A However, a party has no right to apply for a review of a decision under rule 2.43.7(a) to allocate a short trial (where an application for summary judgment has been dismissed).

    2.46.2 An application for review must be in form 10 and be filed within 15 working days after the date of allocation.

    2.46.3 The court may decide the application on the papers or decide it after hearing submissions.

    2.46.4 The court may—

    • (a) confirm the decision under review; or

    • (b) revoke the decision and order that a judicial settlement conference be convened under rule 2.47.

    Rule 2.46.1A: inserted, on 14 June 2012, by rule 18 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

Conferences for simplified trial and full trial, and interlocutory matters

2.47 Judicial settlement conference
  • 2.47.1 The purpose of a judicial settlement conference is to give the parties to the proceeding an opportunity to negotiate a settlement of the claim or any issue.

    2.47.2 A judicial settlement conference must be convened by a Judge and held in chambers.

    2.47.3 A Judge who convenes a judicial settlement conference may assist the parties in their negotiations, but that Judge must not preside at the trial (if any) unless—

    • (a) all parties taking part in the conference consent; or

    • (b) the only matter for resolution at the hearing is a question of law.

    2.47.4 A proceeding is treated as having been discontinued 30 working days after the date on which the Judge endorses the proceeding as having been settled, unless one of the following applies:

    • (a) the parties, by notice to the Judge given before the close of that 30-day period, may consent to an extension of that period, and in that case the Judge must direct accordingly and the discontinuance takes effect on the close of that extended period:

    • (b) in any other case, the Judge may, in the interests of justice, direct that the proceeding be discontinued with effect on and from some other date stated by the Judge.

    Compare: SR 1992/109 rr 437, 438

2.48 Judicial directions conference
  • 2.48.1 If the Judge assisting the parties at a judicial settlement conference is satisfied that the parties are unable to settle the claim or issue,—

    • (a) the Judge must, as soon as practicable, indicate that he or she has formed that view; and

    • (b) when that indication has been given, the conference becomes a judicial directions conference.

    2.48.2 At a judicial directions conference of the parties, the Judge must allocate a short trial, simplified trial, or full trial for the proceeding.

    2.48.3 The other matters to be dealt with by the Judge at a judicial directions conference include—

    • (a) identifying and, wherever practicable, disposing of interlocutory applications and interlocutory matters that are outstanding at the time:

    • (b) on the application of a party, directing that details about any settlement offer that is no longer relevant be removed from an information capsule:

    • (c) assessing whether more formal pleadings are required and giving directions concerning the pleadings:

    • (d) giving directions as to how evidence is to be adduced and documentary exhibits produced:

    • (e) assessing the likely duration of the trial:

    • (f) setting a date for the trial.

    2.48.4 The High Court Rules relating to interlocutory and other matters listed in subpart 3 of Part 3 apply, subject to rule 2.49,—

    • (a) to proceedings allocated a full trial; and

    • (b) in any other case, only to the extent (if any) expressly provided in these rules or ordered by the Judge.

    2.48.5 The High Court Rules listed in rule 3.49 (case management conferences) apply to a judicial directions conference.

    2.48.6 In a proceeding to which rule 2.8 applies, HCR 5.21 and 7.77 apply if a judicial directions conference is held for a proceeding and apply only from the start of the conference. The reference to HCR 1.9 in HCR 7.77(9) is to be read as a reference to rule 1.14 of these rules.

    2.48.7 In a proceeding to which rule 2.17 applies,—

    • (a) HCR 5.21 and 7.77 (as modified by rule 2.48.6) also apply if a judicial directions conference is held for a proceeding and apply only from the start of the conference:

    • (b) other High Court Rules about pleadings (including HCR 5.17 to 5.20 and 5.22 to 5.35) apply only if and to the extent directed by the Judge under rule 2.48.3(c).

    Compare: HCR 7.2–7.4

    Rule 2.48.2: amended, on 14 June 2012, by rule 19 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

2.49 Interlocutory applications
  • 2.49.1 This rule applies to all interlocutory applications under the Act.

    2.49.2 An intending plaintiff may apply for discovery of particular documents under rule 3.59.2 by making an interlocutory application before starting a proceeding.

    2.49.3 A party may apply for any of the following in a proceeding by making an interlocutory application after the proceeding starts:

     Nature of application Rule(s)
     1Mediation or alternative dispute resolution 1.7
     2Objection to jurisdiction 2.12.6 and 3.38.1
     3

      
     4Leave extending time under rule 2.49.5 for making interlocutory application 2.49
     5Striking out pleading, staying or dismissing proceeding, or applying for indemnity costs 2.50
     6Directions as to service 3.34.12 and 3.44
     7Leave to serve document out of New Zealand 3.44.22
     8Injunction or interlocutory injunction 3.52.1 and 3.53.1
     9Any other interlocutory order, or relief, not covered by rule 2.49.4 2.49

    2.49.3A In a proceeding following the procedure under rules 2.10 to 2.17, a party may make an application for summary judgment at any time allowed by rule 2.43.

    2.49.4 A party may apply for any of the following in a proceeding by making an interlocutory application at or after the start of the judicial directions conference for that proceeding:

     Nature of application Rule(s)
     1

      
     2Pre-trial disclosure for a simplified trial 2.51.3
     3Interrogatories 3.63
     4Discovery, except for discovery of particular documents before proceeding starts 3.58 to 3.62 and 3.65
     5Inspection or testing of property 3.66
     6Any other interlocutory relief or order provided for in rules 3.46 to 3.78, except an application for an injunction or interlocutory injunction 3.46 to 3.78

    2.49.5 If a judicial directions conference is convened for a proceeding, interlocutory applications in the proceeding must be made within 30 working days beginning on the day after the conference starts or within any further time that the Judge may allow by leave.

    2.49.6 A Judge may, for good reason consistent with the objective of these rules, grant leave allowing an extension of the 30-day period in rule 2.49.5.

    2.49.7 An interlocutory application for summary judgment must be dealt with in open court.

    2.49.8 An interlocutory application other than an application for summary judgment must be dealt with in open court unless—

    • (a) it is not in the public interest that the matter be dealt with in open court; or

    • (b) a Judge considers there are other reasons why the matter should not be dealt with in open court.

    Rule 2.49.2: amended, on 14 June 2012, by rule 20(1) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.49.3 table item 3: revoked, on 14 June 2012, by rule 20(2) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.49.3A: inserted, on 14 June 2012, by rule 20(3) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.49.4 table item 1: revoked, on 14 June 2012, by rule 20(4) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 2.49.4 table item 3: amended, on 1 February 2012, by rule 4(1) of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

    Rule 2.49.4 table item 4: amended, on 1 February 2012, by rule 4(2) of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

2.50 Striking out pleadings, staying or dismissing proceedings, and costs for want of prosecution
  • 2.50.1 The court may order that the whole or any part of a pleading be struck out if the pleading—

    • (a) discloses no reasonable cause of action, defence, or case appropriate to the nature of the pleading; or

    • (b) is likely to cause prejudice, embarrassment, or delay in the proceeding; or

    • (c) is otherwise an abuse of the process of the court.

    2.50.2 An order under rule 2.50.1 may be made at any stage of the proceeding, and may be subject to any terms that the court considers appropriate.

    2.50.3 The court may order that a proceeding be stayed or dismissed generally or in relation to any claim for relief if the court considers that—

    • (a) no reasonable cause of action is disclosed; or

    • (b) the proceeding is frivolous or vexatious; or

    • (c) the proceeding is an abuse of the process of the court.

    2.50.4 A defendant may apply for indemnity costs under rule 4.6.4(f) if—

    • (a) the defendant has served the defendant's response in accordance with rules 2.12 and 2.13 but the plaintiff has not served the plaintiff's information capsule within the 30-working-day period stated in rule 2.14.1; or

    • (b) the defendant has served the defendant's information capsule in accordance with rule 2.15 but the plaintiff has not pursued the plaintiff's claim under rule 2.17 within the 90-working-day period stated in rule 2.17.4.

    Compare: SR 1992/109 rr 209, 481

Simplified trial disclosure

2.51 Pre-trial disclosure and interlocutory applications for simplified trial
  • 2.51.1 A party must disclose the documents the party intends to rely on at a simplified trial.

    2.51.2 At least 15 working days before the trial, a party must—

    • (a) give a copy of the documents to each other party; and

    • (b) serve the party’s affidavits of evidence in chief on each other party.

    2.51.3 A party may, by an interlocutory application, apply for an order that another party disclose particular documents.

    2.51.4 A Judge may order that the documents be disclosed if the Judge is satisfied that—

    • (a) the documents are relevant to the issues between the parties; or

    • (b) disclosure is necessary to decide the matter fairly; or

    • (c) for any other reason the documents should be disclosed.

    2.51.5 A party to a simplified trial may, by an interlocutory application, apply for summary judgment under rule 2.42 or 2.43.

    2.51.6 The only interlocutory applications that may be made in a proceeding for which a simplified trial is allocated are—

    • (b) an application for summary judgment:

    • (c) any other kind of interlocutory application allowed by the Judge in the interests of justice.

    Compare: Civil Procedure Rules 2002 r 8.28 (Vanuatu)

2.52 Witnesses at simplified trial
  • 2.52.1 A witness need appear at a simplified trial only if—

    • (a) a party has served a notice to cross-examine the witness in form 11 and filed it before the trial starts; or

    • (b) the Judge so requests.

    2.52.2 Each party is limited to 1 expert witness per specialist discipline unless the court allows more witnesses by leave.

Simplified trial

2.53 Features of simplified trial
  • 2.53.1 The features of the simplified trial are as follows:

     Steps Requirements
     1Pre-trial disclosure (documents and affidavits of evidence in chief) This is to be in accordance with rule 2.51.
     2Witnesses As allowed under rule 2.52.

    2.53.2 The total time for the presentation of a party's case must not exceed the total time calculated as follows:

     Description of proceeding Time limit (minutes)
     1Cross-examination of witnesses 50 per witness
     2Re-examination of witnesses 10 per witness
     3Submissions for a party 30 per party

    2.53.3 However, the court may, for good reason consistent with the objective of these rules, extend the total time available to a party.

Full trial

2.54 Full trial follows High Court procedure
  • For proceedings allocated a full trial,—

    • (a) the High Court Rules listed in subpart 3 of Part 3 apply, subject to rule 2.49 (interlocutory applications):

    • (b) the procedure for disposing of proceedings is set out in Part 12.

Part 3
Rules about particular aspects of proceedings

Subpart 1General rules about determining proper court, transferred proceedings, translations, and other matters

Proper court

3.1 How to determine proper court
  • Documents that are required by these rules to be filed must be filed in the court—

    • (a) either—

      • (i) nearest to the residence or principal place of business of the defendant; or

      • (ii) if the defendant is neither resident nor has a principal place of business in New Zealand, selected by the plaintiff; or

    • (b) nearest to the place where the actions that led to the claim happened; or

    • (c) nearest to the place where the property that is the subject of the claim is located; or

    • (d) determined by a court or Registrar on the court’s or Registrar’s own initiative or on application.

    Compare: SR 1992/109 r 113; Civil Procedure Rules 2002 r 2.4 (Vanuatu)

Transfer from District Court to High Court

3.2 Transfer under section 43 of Act
  • 3.2.1 A notice under section 43(1) of the Act may be in form 12, and must be filed by the defendant not later than 5 working days after service of the notice of pursuit of claim or notice of proceeding on the defendant, including the day of service.

    3.2.2 A notice under section 43(2) of the Act may be in form 13, and must be filed by the defendant not later than 5 working days after service of the notice of pursuit of claim or notice of proceeding on the defendant, including the day of service.

    3.2.3 An order transferring a proceeding may be in form 14.

    Compare: SR 1992/109 r 252

3.3 Papers to be forwarded to High Court
  • On the making of an order transferring a proceeding from a District Court to the High Court, the Registrar must forward all papers in the proceeding to the Registrar of the High Court whose registry is named in the order.

    Compare: SR 1992/109 r 253

Proceedings transferred from High Court

3.4 Transfer under section 46 of Act
  • 3.4.1 This rule applies to proceedings transferred to the court by the High Court under section 46 of the Act.

    3.4.2 A Judge—

    • (a) must convene a judicial directions conference and proceed under rule 2.48:

    • (b) in addition to the matters provided in rule 2.48.3, may do either or both of the following:

      • (i) decide to convene a judicial settlement conference:

      • (ii) despite rule 2.48.2, allocate a short trial, simplified trial, or full trial.

    3.4.3 Existing summary judgment applications included in proceedings transferred to the court are stayed until determined by the court.

    3.4.4 These rules apply accordingly, subject to any actions taken by the Judge under rule 3.4.2, as if the proceedings had started in a District Court.

    Compare: SR 1992/109 r 254

Use of Māori language, translations, and sign language

3.5 Speaking in Māori
  • 3.5.1 This rule applies to a person entitled under section 4(1) of the Maori Language Act 1987 to speak Māori in a proceeding or at the hearing of an interlocutory application.

    3.5.2 If a person to whom this rule applies wishes to speak Māori in a proceeding or at the hearing of an interlocutory application, that person, or if the person is a witness, the party intending to call that person, must file and serve on every other party to the proceeding a notice of his or her intention to speak Māori.

    3.5.3 The notice must state that the person intends to speak Māori at—

    • (a) all conferences and hearings; or

    • (b) all conferences and hearings held after a specified conference or hearing; or

    • (c) a specified conference or hearing.

    3.5.4 The notice must be in form HCF G 12.

    3.5.5 The notice must be filed and served,—

    • (a) if the person intends to speak Māori at all conferences and hearings, not less than 15 working days before the first conference or hearing; or

    • (b) if the person intends to speak Māori at conferences and hearings held after a particular conference or hearing, not less than 15 working days before the first conference or hearing at which the person intends to speak Māori; or

    • (c) if the person intends to speak Māori at a particular conference or hearing, not less than 15 working days before the conference or hearing.

    Compare: SR 1992/109 r 68A

3.6 Translation of documents into te reo Māori
  • 3.6.1 A person upon whom in any proceeding a document is served is entitled to receive a translation of the document into the Māori language if he or she—

    • (a) applies, orally or in writing, to the Registrar in the place where the proceeding is pending, within 15 working days after the date of service, for a translation into the Māori language of the document; and

    • (b) states a postal address for the service of the translation (if an address for service has not already be given); and

    • (c) satisfies the Registrar that he or she is unable to read the document but could read it if it were translated into the Māori language.

    3.6.2 The Registrar must require that translation to be prepared by the party or person on whose behalf the document was served.

    3.6.3 The translation must be certified correct by a person holding an endorsed certificate of competency under section 18 of the Maori Language Act 1987.

    3.6.4 The translation may be served—

    • (a) personally; or

    • (b) at the address for service (if any) of the person entitled to the translation; or

    • (c) by sending it by registered post addressed to that person at the stated postal address.

    3.6.5 When the translation is sent by registered post, it is treated as having been served when it would be delivered or available for delivery at its address in the ordinary course of registered post.

    3.6.6 The costs of preparing, certifying, and serving the translation are in the discretion of the court as costs in the proceeding.

    3.6.7 Unless the court otherwise orders,—

    • (a) the document is treated as not having been served until the translation is served in accordance with rule 3.6.4; and

    • (b) the proceeding in which the document is issued must be stayed as far as the person entitled to the translation is concerned until the translation is so served; and

    • (c) every subsequent document served on the person in the proceeding and every enforcement process or other process issued against the person to enforce any judgment entered or order made in the proceeding must, unless the person is at the time represented by a solicitor, be accompanied by a translation into the Māori language complying with this rule.

    Compare: SR 1992/109 rr 65–67

3.7 Failure to give notice
  • A failure to comply with rule 3.5 does not prevent a person speaking Māori at a conference or hearing, but—

    • (a) the court may adjourn the conference or hearing to enable the Registrar to arrange for a person who holds a certificate of competency under section 15(2)(a) or (c) of the Maori Language Act 1987, or some other person competent to interpret Māori, to be available at the adjourned conference or hearing:

    • (b) the court may treat the failure to comply as a relevant consideration in an award of costs.

    Compare: SR 1992/109 r 68B

3.8 Translation may be ordered by court
  • 3.8.1 The court may at any time order that a translation into the Māori language, complying with rules 3.6.2 to 3.6.7, of any document served, before or after the making of the order, upon a Māori person concerned in a proceeding be served on that person, whether or not the person has applied for it under rule 3.6.1.

    3.8.2 An order may be made subject to such terms and conditions as the court thinks fit in the interests of justice.

    3.8.3 The court may, on ordering a translation under this rule, grant an adjournment of the proceeding if it thinks fit in the interests of justice.

    Compare: SR 1992/109 r 68

3.9 Affidavit in language other than English
  • 3.9.1 An affidavit in a language other than English (non-English-language affidavit) may be filed in a proceeding.

    3.9.2 The non-English-language affidavit must be accompanied by an affidavit by an interpreter to which is exhibited—

    • (a) a copy of the non-English-language affidavit; and

    • (b) the interpreter’s translation of the non-English-language affidavit.

    Compare: HCR 1.15

3.10 Sign language
  • 3.10.1 Any person permitted by the New Zealand Sign Language Act 2006 to use New Zealand Sign Language in a proceeding or at the hearing of any interlocutory application or at a conference must give the court and all other parties 15 working days' notice of that person’s intention to do so.

    3.10.2 A Judge may at any time, on application by or on behalf of a party, make any order that he or she thinks fit in the interests of justice relating to—

    • (a) providing, with the Registrar’s assistance, a competent interpreter, and ensuring that the interpreter is available; and

    • (b) the interpretation of the sign language into English or Māori and the interpretation of English or Māori words used in court into sign language; and

    • (c) the costs of and incidental to any interpretation ordered; and

    • (d) the method of making and recording the sign language communication.

    3.10.3 A failure to give notice as required by rule 3.10.1 does not prevent any permitted person using New Zealand Sign Language, however—

    • (a) the failure is a relevant consideration in an award of costs; and

    • (b) the Judge may adjourn the conference or hearing or trial to enable the Registrar to arrange for a competent interpreter to be available at the adjourned conference or hearing or trial.

    3.10.4 In this rule, competent interpreter means an interpreter who meets the standards of competency specified in regulations made under the New Zealand Sign Language Act 2006; and in the absence of such regulations means a person who the Judge is satisfied is competent to translate from English or Māori (as the case requires) into New Zealand Sign Language and from New Zealand sign language into English or Māori (as the case requires).

    Compare: HCR 1.16

Access to court documents

3.11 Interpretation
  • In this rule and rules 3.12 to 3.22, unless the context otherwise requires,—

    access means to search, inspect, or copy under the supervision of an officer of the court

    court file means a collection of documents in the custody or control of the court that relate to a proceeding (including any interlocutory application associated with the proceeding)

    document

    • (a) means any written material in the custody or control of the court that relates to a proceeding (including any interlocutory application associated with the proceeding), whether or not kept on a court file; and

    • (b) includes documentary exhibits, video recordings, records in electronic form, films, photographs, and images in electronic form; but

    • (c) excludes—

      • (i) notes made by or for a Judge for his or her personal use; and

      • (ii) any material that relates to the administration of the court

    formal court record means any of the following kept in an office of the court:

    • (a) a register or index:

    • (b) any published list that gives notice of a hearing:

    • (c) a document that—

      • (i) may be accessed under an enactment other than these rules; or

      • (ii) constitutes notice of its contents to the public:

    • (d) a judgment, order, or minute of the court, including any record of the reasons given by the Judge.

    Compare: HCR 3.5

3.12 Application
  • 3.12.1 Rules 3.11 and 3.13 to 3.22 apply to documents while they are in the custody or control of the court and until they are transferred to Archives New Zealand.

    3.12.2 These rules do not require any person to prepare a document that is not in existence at the time the document is sought.

    3.12.3 Nothing in rules 3.11 or 3.13 to 3.22 applies to documents to which the Family Courts Rules 2002 apply.

    Compare: HCR 3.6

3.13 General right of access to formal court record
  • Subject to rule 3.18, every person has the right to access the formal court record kept in an office of the court.

    Compare: HCR 3.7(1)

3.14 Right of parties to access court file or documents
  • 3.14.1 The parties to a proceeding, and their counsel, may (whether during or after the completion of the proceeding), under the supervision of an officer of the court,—

    • (a) search and inspect the court file or any document relating to the proceeding, without payment of a fee; and

    • (b) copy any part or parts of the court file or any document relating to the proceeding on payment of any prescribed fee.

    3.14.2 Despite rule 3.14.1, a record of court proceedings in electronic form may be copied only with the permission of the court.

    3.14.3 Despite rule 3.14.1, a Judge may direct that the court file or any document relating to the proceeding not be accessed by the parties or their counsel without the permission of the court.

    Compare: HCR 3.8

3.15 Access to documents during substantive hearing stage
  • 3.15.1 This rule applies during the hearing of a proceeding (other than the hearing of an interlocutory application) and until—

    • (a) the close of the 20th working day after the court has given the final judgment on the proceeding; or

    • (b) the discontinuance of the proceeding before the final judgment is given.

    3.15.2 During the period to which this rule applies, any person may access any of the following documents relating to the proceeding:

    • (a) any pleading, reference, notice, or application filed in the court:

    • (b) affidavits, depositions, or other written statements admitted into evidence for the purposes of the hearing:

    • (c) documents admitted into evidence for the purposes of the hearing:

    • (d) if any evidence given orally at the hearing has been transcribed, a transcript of that evidence.

    3.15.3 Despite rule 3.15.2, a Judge may, on his or her initiative or on request, direct that any document, or part of a document, relating to the proceeding not be accessed without the permission of a Judge.

    3.15.4 A request for access to a document under this rule is made informally to the Registrar by letter that—

    • (a) identifies the requested document; and

    • (b) gives the reasons for the request.

    3.15.5 The following provisions apply when a request for access to a document is made under rule 3.15.4:

    • (a) the Registrar must promptly give the parties or their counsel a copy of the request:

    • (b) a party who wishes to object must, before the relevant deadline (within the meaning of rule 3.16), give written notice of the objection to the Registrar, to the person who made the request, and to the other parties or their counsel:

    • (c) on receipt of an objection, the Registrar must promptly refer the objection and the request to the Judge for determination:

    • (d) unless the document is subject to a restriction stated in rule 3.15.3 or 3.18, the Registrar must promptly give the person who made the request access to the document—

      • (i) if the Registrar receives no objection before the expiry of the relevant deadline (within the meaning of rule 3.16); or

      • (ii) if the parties or their counsel earlier agree that the person be given access to the document:

    • (e) every request that relates to a document that is subject to a restriction under rule 3.15.3 or 3.18 is taken to be a request for the permission of a Judge, and must be promptly referred to the Judge by the Registrar.

    3.15.6 The Judge may determine an objection referred to the Judge under rule 3.15.5(c) or a request for permission under rule 3.15.3 or 3.15.5(e) in any manner the Judge considers just.

    3.15.7 For the purposes of rule 3.15.2(b) and (c), admitted into evidence does not include evidence admitted provisionally.

    Compare: HCR 3.9

3.16 Meaning of relevant deadline in rule 3.15
  • 3.16.1 For the purpose of rule 3.15, where a party or counsel receives a copy of a request given to the party or counsel under that rule, relevant deadline means whichever of the following times is applicable:

    • (a) if the copy of the request is received on a day on which the hearing is proceeding, 3 pm on the first working day after the date on which the copy is received:

    • (b) if the copy of the request is received on any other day, 3 pm on the third working day after the date on which the copy is received.

    3.16.2 For the purposes of rule 3.16.1, a person is deemed to receive a request—

    • (a) on the day on which it is emailed, faxed, or handed to the person:

    • (b) on the day after the date on which it is posted to the person.

    3.16.3 This rule overrides HCR rule 6.6 (as applied by rule 3.44.7).

    Compare: HCR 3.10

3.17 Access to court files, documents, and formal court record in other cases
  • If a person is not eligible to access a document, court file, or any part of the formal court record under any of rules 3.13 to 3.15, the person may access the document, court file, or any part of the formal court record with the permission of the court, given on an application made under rule 3.19.

    Compare: HCR 3.11

3.18 Restrictions on access
3.19 Applications for permission to access documents, court file, or formal court record other than at hearing stage
  • 3.19.1 This rule applies whenever the permission of the court is necessary under these rules and is sought to access a document, court file, or any part of the formal court record, except where access may be sought under rule 3.15.

    3.19.2 An application under this rule is made informally to the Registrar by a letter that—

    • (a) identifies the document, court file, or part of the formal court record that the applicant seeks to access; and

    • (b) gives the reasons for the application.

    3.19.3 The application is heard and determined by a Judge or, if a Judge directs the Registrar to do so, by the Registrar.

    3.19.4 On receipt of an application made in accordance with rule 3.19.2, the Judge or Registrar may direct that the person file an interlocutory application or originating application.

    3.19.5 The applicant must give notice of the application to any person who is, in the opinion of the Judge or Registrar, adversely affected by the application.

    3.19.6 The Judge or Registrar may dispense with the giving of notice under rule 3.19.5 if it would be impracticable to require notice to be given.

    3.19.7 The Judge or Registrar may deal with an application on the papers, at an oral hearing, or in any other manner the Judge or Registrar considers just.

    Compare: HCR 3.13

3.20 Decisions on applications under rule 3.19
  • 3.20.1 The Judge or Registrar may refuse an application made under rule 3.19 or grant it in whole or in part without conditions or subject to any conditions that the Judge or Registrar thinks appropriate.

    3.20.2 A Judge may permit access to a series of files for the purposes of research.

    Compare: HCR 3.14

3.21 Review of decisions by Registrar
  • 3.21.1 Any decision by a Registrar under rule 3.20 is subject to review by a Judge on the application of the applicant or any person affected.

    3.21.2 HCR 2.11 (as applied by rule 3.48.6) applies as if the reference in that rule to a party were a reference to the applicant or any person affected.

    Compare: HCR 3.15

3.22 Matters to be taken into account
  • In determining an application under rule 3.19, or a request for permission under rule 3.15, or the determination of an objection under that rule, the Judge or Registrar must consider the nature of, and the reasons for, the application or request and take into account each of the following matters that is relevant to the application, request, or objection:

    • (a) the orderly and fair administration of justice:

    • (b) the protection of confidentiality, privacy interests (including those of children and other vulnerable members of the community), and any privilege held by, or available to, any person:

    • (c) the principle of open justice, namely, encouraging fair and accurate reporting of, and comment on, court hearings and decisions:

    • (d) the freedom to seek, receive, and impart information:

    • (e) whether a document to which the application or request relates is subject to any restriction under rule 3.18:

    • (f) any other matter that the Judge or Registrar thinks just.

    Compare: HCR 3.16

Hearings in chambers

3.23 Publication about hearing in chambers
  • Particulars of the hearing in chambers of any proceeding or interlocutory application or of the decision or both (including the reasons for the decision) may be published unless a Judge or Registrar, exercising jurisdiction in chambers, otherwise directs.

    Compare: SR 1992/109 r 74; HCR 7.35

Evidence by deposition

3.24 Order for examination of witness
  • 3.24.1 On the application of a party in a proceeding allocated a trial, the court may make orders on any terms that it thinks fit for the examination of any person on oath before a Judge or Registrar at a time and place (other than that appointed or to be appointed for the hearing of the proceeding) appointed by the court.

    3.24.2 The application must be made by way of notice.

    3.24.3 Immediately on receiving the order for examination, the Registrar must—

    • (a) appoint a time and place for the examination; and

    • (b) notify the applicant of the time and place appointed; and

    • (c) give notice in form 15 to all interested parties of the intention to hold the examination and of the appointed time and place.

    3.24.4 At any time after receiving an order for examination under this rule, the Registrar may issue a witness summons under rule 12.2.

    Compare: SR 1992/109 r 378(1)–(3)

3.25 Examination of witnesses
  • 3.25.1 The examination of the witnesses must take place in court or in the Registrar’s office, except that the Registrar may, if he or she thinks fit, examine any witness at any other place; and the parties may attend the examination with or without counsel or a solicitor.

    3.25.2 The Registrar may administer an oath to each witness, who may be examined, cross-examined, and re-examined as at the trial of a proceeding.

    3.25.3 However, if a witness who attends at an examination under this rule is represented at that examination by a solicitor, the Registrar may, if the parties to the proceeding agree, allow the witness to give evidence by affidavit instead of, or in addition to, being examined on oath by the Registrar.

    3.25.4 In any case, the witness may be cross-examined and re-examined on the facts deposed to in the affidavit or on any other matter on which the witness could have been cross-examined or re-examined at the trial of the proceeding.

    3.25.5 The deposition must be taken down in writing by or in the presence of the Registrar.

    3.25.6 The time limits in rule 2.45.2 for the examination, cross-examination, and re-examination of witnesses apply under this rule as if the proceeding were a short trial.

    Compare: SR 1992/109 r 378(4)–(8)

3.26 Objection to question
  • 3.26.1 The Registrar does not have power to decide on the admissibility of any evidence.

    3.26.2 If a party objects to any evidence,—

    • (a) the Registrar must take down the question and the answer, or admit the document, and make a note of the objection on the deposition:

    • (b) the court may, on application by a party, decide the validity of the objection.

    3.26.3 If the witness objects to any question put to the witness before the Registrar,—

    • (a) the Registrar must make a note of the question and the objection on the deposition:

    • (b) the court may, on application by the witness, decide the validity of the objection.

    Compare: SR 1992/109 r 379

3.27 Refusal to attend and be sworn
  • 3.27.1 This rule applies if a witness refuses to—

    • (a) attend; or

    • (b) be sworn; or

    • (c) answer any lawful question; or

    • (d) produce any document.

    3.27.2 The Registrar must make and sign a certificate of refusal and file it in the court.

    3.27.3 The party requiring the attendance of the witness may apply to a Judge for an order directing the witness to do 1 or more of the following:

    • (a) attend:

    • (b) be sworn:

    • (c) answer any question:

    • (d) produce any document.

    3.27.4 The Judge may make any order the Judge thinks fit.

    3.27.5 When the examination of each witness has been concluded, the Registrar must read the deposition to the witness, and they must both sign each page. If the witness refuses to sign the deposition, the Registrar must make a note of the refusal on the deposition, and the deposition may be tendered in evidence, even though it is not signed by the witness.

    3.27.6 Forms 16 and 17 must be attached to the depositions, and those documents together with any exhibits suitably marked and the certificate of costs in accordance with rule 3.28 must be sent to the office of the court at which the trial of the proceeding is to take place.

    Compare: SR 1992/109 r 380

3.28 Costs
  • 3.28.1 The costs of the examination, together with the allowances for solicitors and witnesses in accordance with Schedules 2 and 3, must be certified by the Registrar in form 18.

    3.28.2 However, the costs and allowances are in all cases in the discretion of the court.

    Compare: SR 1992/109 r 381

3.29 Failure to appear
  • 3.29.1 This rule applies if, at the time appointed or at any adjournment, the party applying to take evidence fails to appear or fails to proceed with the examination.

    3.29.2 The Registrar must—

    • (a) strike out the application; and

    • (b) immediately send to the court of hearing a certificate in form 19 together with the documents referred to in rule 3.27.6; and

    • (c) if the opposite party appears, forward a certificate of costs in accordance with rule 3.28.

    Compare: SR 1992/109 r 382

3.30 Deposition as evidence
  • 3.30.1 Evidence given in accordance with these rules before any Registrar may be tendered in the proceeding in respect of which the examination took place as if the evidence were given in the course of the hearing of that proceeding, and the signature of the Registrar to the deposition must be judicially noticed without any proof of it.

    3.30.2 On the application of the opposite party and on being satisfied that the party securing an order for examination is not proceeding with due diligence to implement the order, the court may rescind the order and make any other order that it thinks fit in the interests of justice.

    3.30.3 If, in the opinion of the court, the credibility of a witness whose evidence has been taken at a distance is likely to be of decisive importance, the court may decline to accept the deposition and require the party tendering it to call the witness to give oral evidence at the hearing.

    Compare: SR 1992/109 r 383

Subpart 2Rules about lawyers' duties, funds in court, parties, incapacitated persons, interpleader, service, etc

Lawyers' duties

3.31 Lawyers' duties

Funds in court

3.32 Investment of funds in court
  • 3.32.1 HCR 3.17—application for order.

    3.32.2 HCR 3.18—powers of court in relation to application.

    3.32.3 HCR 3.19—disposal of securities and income.

    3.32.4 Neither the Registrar nor the Crown is liable for any loss either of capital or of income in respect of any investment made under and in accordance with an order under rule 3.32.2.

    Compare: SR 1992/109 r 73

Parties

3.33 Parties generally
3.34 Incapacitated persons and litigation guardians
  • 3.34.1 HCR 4.29—incapacitated person, litigation guardian, and minor defined.

    3.34.2 HCR 4.30—incapacitated person must be represented by litigation guardian.

    3.34.3 HCR 4.31—minor must be represented by litigation guardian.

    3.34.4 HCR 4.32—minor may apply to conduct proceeding without litigation guardian.

    3.34.5 HCR 4.33—application of rules 4.34 to 4.46 to minors.

    3.34.6 HCR 4.34—court may set aside step in proceeding.

    3.34.7 HCR 4.35—appointment of litigation guardian.

    3.34.8 HCR 4.36—application to be served on person for whom litigation guardian is to be appointed.

    3.34.9 HCR 4.37—notification of appointment.

    3.34.10 HCR 4.38—powers of litigation guardian.

    3.34.11 HCR 4.39—heading on documents when incapacitated person is represented.

    3.34.12 HCR 4.40—service of documents.

    3.34.13 HCR 4.41—representation to be disregarded in making award of costs.

    3.34.14 HCR 4.42—award of costs enforceable against incapacitated person or litigation guardian.

    3.34.15 HCR 4.43—liability of former litigation guardian for costs subsequently awarded against incapacitated person.

    3.34.16 HCR 4.44—compliance with liability order.

    3.34.17 HCR 4.45—litigation guardian may be reimbursed for costs out of property of incapacitated person.

    3.34.18 HCR 4.46—retirement, removal, or death of litigation guardian.

    3.34.19 HCR 4.47—procedure where person ceases to be incapacitated person.

    3.34.20 HCR 4.48—procedure when minor attains full age.

    Compare: SR 1992/109 rr 84–98

3.35 Change of parties and adjusting parties
  • 3.35.1 HCR 4.49—proceeding not to come to end. This rule applies subject to section 52 of the District Courts Act 1947.

    3.35.2 HCR 4.50—procedure on death, bankrupcy, and devolution.

    3.35.3 HCR 4.51—devolution when proceeding pending.

    3.35.4 HCR 4.52—new parties order.

    3.35.5 HCR 4.53—discharge or variation of new parties order.

    3.35.6 HCR 4.54—change of name.

    3.35.7 HCR 4.55—parties wrongly joined.

    3.35.8 HCR 4.56—striking out and adding parties.

    Compare: SR 1992/109 rr 102–111

Interpleader

3.36 Interpleader before judgment
  • 3.36.1 For the purposes of rules 3.36.2 to 3.36.8, unless the context otherwise requires,—

    applicant means a person entitled under section 111 of the Act to apply to the court for relief by way of interpleader (which relief is provided for by rule 3.36.7)

    claimant means a person claiming against an applicant in terms of section 111 of the Act

    execution creditor means a person who has issued an enforcement process under Part 15

    execution debtor means a person against whose property an enforcement process has been issued under Part 15.

    3.36.2 HCR 4.58—right to interplead. Subclause (1) applies as if it referred to an application under section 111 of the Act. Subclause (2) applies as if it referred to any enforcement process under Part 15 of these rules to recover personal property (rather than to a sale order or possession order within the meaning of the High Court Rules).

    3.36.3 HCR 4.59—form of application.

    3.36.4 HCR 4.60—affidavit in support.

    3.36.5 HCR 4.61—time for applying.

    3.36.6 HCR 4.62—claimants to file affidavits.

    3.36.7 HCR 4.63—powers of court.

    3.36.8 HCR 4.64—costs of applicant.

    Compare: SR 1992/109 rr 195–202

Filing and signing documents

3.37 Authority to file and sign documents
  • 3.37.1 HCR 5.36—authority to file documents.

    3.37.1A HCR 5.36A—authority of certain Australian solicitors in certain trans-Tasman proceedings.

    3.37.2 HCR 5.37—solicitor’s warranty as to authorisation to file documents.

    3.37.3 HCR 5.38—solicitor on record.

    3.37.4 HCR 5.39—authority to sign documents.

    3.37.5 HCR 5.40—change of representation or address for service.

    3.37.6 HCR 5.41—withdrawal of solicitor who has ceased to act for party.

    3.37.7 HCR 5.42—address for service of party whose solicitor has ceased to act.

    3.37.8 HCR 5.43—solicitors to inform clients of orders or directions.

    3.37.9 HCR 5.44—memorandum at end of first document filed by party. First documents filed under rule 2.17 are taken to comply with this rule so long as they are in the form set out in Schedule 1 or authorised under rule 1.24.2.

    Compare: SR 1992/109 rr 38, 40–44B

    Rule 3.37.1A: inserted, on 11 October 2013, by rule 5 of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

Appearances

3.38 Appearance
  • 3.38.1 HCR 5.49—appearance and objection to jurisdiction.

    3.38.2 HCR 5.50—appearance for ancillary purposes.

    3.38.3 HCR 5.51—appearance for reserving rights.

    3.38.4 HCR 5.52—forms.

    Compare: SR 1992/109 rr 139–142

Set-off and counterclaim against Crown

3.39 Restriction on right of set-off or counterclaim
  • HCR 5.61—restriction when the Crown involved.

    Compare: SR 1992/109 r 169

Service of documents

3.40 Prompt service required
  • 3.40.1 A statement of claim and notice of proceeding must be served—

    • (a) as soon as practicable after they are filed; and

    • (b) if directions as to service are sought, as soon as practicable after any directions have been given.

    3.40.2 Unless the document is served within 12 months starting on the date on which the document is filed or within any further time allowed by the court, the proceeding is treated as having been discontinued by the plaintiff against any defendant or other person directed to be served who has not been served.

    3.40.3 Rules 3.40.1 and 3.40.2 do not apply to notices of claim under rule 2.10 or notices of pursuit of claim under rule 2.17.

    Compare: SR 1992/109 r 133

3.41 Extension of time for service
  • 3.41.1 The plaintiff may, before or after the expiration of the period referred to in rule 3.40, apply to the court or a Registrar for an order extending that period in respect of any person (who is a defendant or other person directed to be served) who has not been served.

    3.41.2 On an application under rule 3.41.1, the court or the Registrar, if satisfied that reasonable efforts have been made to effect service on that defendant or person, or for other good reason, may extend the period of service by 6 months starting on the date on which the order is made and so on from time to time while the proceeding is pending.

    Compare: SR 1992/109 r 134

3.42 Methods of service
  • 3.42.1 Any of the following methods may be used for serving a document that is required by these rules to be served:

    • (a) personal service:

    • (b) service at an address for service given in accordance with these rules:

    • (c) service at an address directed by the court or a Registrar as the address for service for the party or person:

    • (d) if the solicitor for the party or person has, under rule 1.32, specified a post office box address, document exchange box number, fax number, or email address,—

      • (i) by posting the document to that post office box address; or

      • (ii) by leaving the document at a document exchange for direction to that document exchange box number; or

      • (iii) by transmitting the document electronically to that fax number or email address:

    • (e) if a defendant has been served in Australia under section 13 of the Trans-Tasman Proceedings Act 2010 with an initiating document for the proceeding, by posting the document to an address for service of the party or person to be served.

    3.42.2 In any case not provided for by these rules, service must be effected by the method and at the place the court or Registrar directs.

    3.42.3 This rule does not apply if an Act, a rule, or a form set out in Schedule 1 requires or specifies a special and exclusive method of service.

    Compare: SR 1992/109 r 214

    Rule 3.42.1(e): inserted, on 11 October 2013, by rule 6 of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

3.43 Substituted service
  • If reasonable efforts have been made to serve a document by a method allowed or required under these rules, and either the document has come to the knowledge of the person to be served or it cannot be promptly served, the court or a Registrar may—

    • (a) direct—

      • (i) that instead of service, specified steps be taken that are likely to bring the document to the notice of the person to be served; and

      • (ii) that the document be treated as served on the happening of a specified event, or on the expiry of a specified time:

    • (b) when steps have been taken for the purpose of bringing, or which have a tendency to bring, the document to the notice of the person on whom it is required to be served, direct that the document be treated as served on that person on a specified date:

    • (c) subject to any conditions that the court thinks just to impose, dispense with service of a document on a person and give to the party by whom the document is required to be served leave to proceed as if the document had been served.

    Compare: SR 1992/109 r 239

3.44 Service generally
  • 3.44.1 HCR 5.70—service generally.

    3.44.2 HCR 5.71—personal service required.

    3.44.3 HCR 6.2—service of copies.

    3.44.4 Notices—rules 3.42 and 3.43 of these rules, and HCR 6.2, 6.4 to 6.7, and 6.9 to 6.20 apply to any notice that by these rules, or by any order made under these rules, is required to be given to any person, whether or not that person is a party or the notice is required to be filed in the court.

    3.44.5 HCR 6.4—personal service on spouses or partners.

    3.44.6 HCR 6.5—service at address for service.

    3.44.7 HCR 6.6—service by means of post office box, document exchange, fax, or email. References in HCR 6.6 to provisions of HCR 6.1 are to be read as references to the corresponding provisions of rule 3.42 of these rules.

    3.44.8 HCR 6.7—service under agreement.

    3.44.9 HCR 6.9—notices to be given by Registrar.

    3.44.10 HCR 6.10—proof of service. See also rule 12.33 of these rules.

    3.44.11 HCR 6.11—personal service.

    3.44.12 HCR 6.12—personal service on New Zealand corporations.

    3.44.13 HCR 6.13—personal service in New Zealand on foreign corporations.

    3.44.13A HCR 6.13A—personal service on Australian corporations, partnerships, and attorneys.

    3.44.13B HCR 6.13B—personal service in Australia on foreign corporations.

    3.44.14 HCR 6.14—personal service on unincorporated societies.

    3.44.15 HCR 6.15—personal service on partnership or apparent partnership.

    3.44.16 HCR 6.16—personal service on attorney or agent of absentee.

    3.44.17 HCR 6.17—service on representatives.

    3.44.18 HCR 6.18—service on solicitor.

    3.44.19 HCR 6.19—service of statement of claim on certain days void.

    3.44.20 HCR 6.20—failure to give address for service.

    3.44.21 HCR 6.27—when (service out of New Zealand) allowed without leave.

    3.44.22 HCR 6.28—when (service out of New Zealand) allowed with leave.

    3.44.23 HCR 6.29—court's discretion whether to assume jurisdiction.

    3.44.24 HCR 6.30—service of other documents outside New Zealand.

    3.44.25 HCR 6.31—notice to defendant served outside New Zealand.

    3.44.26 HCR 6.32—service outside New Zealand.

    3.44.27 HCR 6.33—service through official channels.

    3.44.28 HCR 6.34—service in convention countries.

    3.44.29 HCR 6.35—time for filing defence.

    3.44.29A HCR 6.36—subpart does not apply to service in Australia of documents for or in certain trans-Tasman proceedings.

    3.44.30 HCR 15.11—overseas service cases.

    Compare: SR 1992/109 rr 131, 132, 215–219, 223–227, 231–236, 241–244, 246, 247

    Rule 3.44.7: amended, on 11 October 2013, by rule 7(1) of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

    Rule 3.44.13A: inserted, on 11 October 2013, by rule 7(2) of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

    Rule 3.44.13B: inserted, on 11 October 2013, by rule 7(3) of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

    Rule 3.44.29A: inserted, on 11 October 2013, by rule 7(4) of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

    Rule 3.44.30: replaced, on 4 February 2013, by rule 4 of the District Courts (Case Management) Amendment Rules 2012 (SR 2012/406).

Recovery of specific property subject to security

3.45 Recovery of specific property
  • HCR 7.78—recovery of specific property subject to lien or other security.

    Compare: SR 1992/109 r 203

Subpart 3Rules about interlocutory applications, interrogatories, discovery, inspection, receivers, accounts and inquiries, affidavits, etc

Application

3.46 Application of this subpart
  • 3.46.1 The High Court Rules and other rules listed or set out in this subpart apply in relation to cases for which a full trial is allocated, but do not apply in relation to other cases unless these rules otherwise provide.

    3.46.2 The provisions about affidavits in rules 3.70, 3.71, and 12.5 apply generally for the purposes of these rules.

    3.46.3 However, rules 3.46.1 and 3.46.2 are subject to rule 2.49 (interlocutory applications).

Memorandums of consent

3.47 Consent instead of leave of court
  • 3.47.1 When the leave of the court is required in any matter of procedure, and all parties and persons who are affected consent to the grant of leave, a party may file a memorandum signed by all those parties and persons evidencing that consent and its terms and conditions.

    3.47.2 The Registrar must either—

    • (a) make and seal an order in terms of the memorandum; or

    • (b) refer the memorandum to the court, in which case the memorandum must be treated as an interlocutory application for the leave.

    Compare: SR 1992/109 r 10

Registrars' jurisdiction and powers under this subpart

3.48 Powers of Registrars
  • 3.48.1 HCR 2.5—Registrars' jurisdiction and powers relating to interlocutory applications. Disregard the exclusion of Deputy Registrars.

    3.48.2 HCR 2.7—limits on jurisdiction. Disregard the reference to HCR 2.6.

    3.48.3 HCR 2.8—powers ancillary to jurisdiction. Disregard the reference to HCR 2.6.

    3.48.4 HCR 2.9—jurisdiction in other registries. Disregard the reference to HCR 2.6.

    3.48.5 HCR 2.10—form of order. Disregard the reference to HCR 2.6.

    3.48.6 HCR 2.11—review of Registrar’s decision. Disregard subclause (3).

    Compare: SR 1992/109 rr 293–298

Conferences and directions

3.49 Case management conferences
  • 3.49.1 HCR 7.2—case management conferences generally.

    3.49.2 HCR 7.3 and Schedule 5—first case management conferences.

    3.49.3 HCR 7.4—further case management conferences.

    3.49.4 HCR 7.5—issues conferences.

    3.49.5 HCR 7.8—pre-trial conferences.

    3.49.6 HCR 7.9—cancellation of conference.

    3.49.7 HCR 7.10—limitation of right of appeal.

    Rule 3.49: replaced, on 4 February 2013, by rule 5 of the District Courts (Case Management) Amendment Rules 2012 (SR 2012/406).

3.50 Directions as to conduct of proceeding
  • [Revoked]

    Rule 3.50: revoked, on 4 February 2013, by rule 6 of the District Courts (Case Management) Amendment Rules 2012 (SR 2012/406).

Hearing, setting down, and counsel assisting

3.51 Allocation of hearing dates and close of pleadings dates, and counsel assisting
  • 3.51.1 HCR 7.6—allocation of key dates.

    3.51.2 HCR 7.7—steps after close of pleadings date restricted. The reference to HCR 1.9 in subclause (2)(c) is to be read as a reference to rule 1.14 of these rules.

    3.51.3 HCR 7.11—timetable and monitoring obligations.

    3.51.4 HCR 7.12—lists of proceedings.

    3.51.5 HCR 7.13—Registrar's functions in relation to hearing dates.

    Rule 3.51: replaced, on 4 February 2013, by rule 7 of the District Courts (Case Management) Amendment Rules 2012 (SR 2012/406).

Interlocutory applications and orders

3.52 Interlocutory applications and interlocutory orders
  • 3.52.1 HCR 7.19—contents, form, and filing of interlocutory application.

    3.52.2 HCR 7.20—affidavits to be filed with application.

    3.52.3 HCR 7.21—filing by post.

    3.52.4 HCR 7.22—service of application and supporting affidavit.

    3.52.5 HCR 7.23—application without notice.

    3.52.6 HCR 7.24—notice of opposition to application.

    3.52.7 HCR 7.25—affidavit to be filed with notice of opposition.

    3.52.8 HCR 7.26—affidavit in reply.

    3.52.9 HCR 7.27—evidence normally given by affidavit.

    3.52.10 HCR 7.28—cross-examination of maker of affidavit.

    3.52.11 HCR 7.29—rules governing affidavits.

    3.52.12 HCR 7.30—statement of belief in affidavits.

    3.52.13 HCR 7.31—when admissions binding.

    3.52.14 HCR 7.32—previous affidavits and agreed statements of fact.

    3.52.15 HCR 7.33—allocation of hearing date.

    3.52.16 HCR 7.34(2)—mode of hearing. HCR 7.34(2) applies subject to rule 2.49.8 of these rules.

    3.52.17 Rule 3.23 applies to the publication of particulars about hearings in chambers instead of HCR 7.35.

    3.52.18 HCR 7.36—application for summary judgment to be heard in open court.

    3.52.19 HCR 7.37—no hearing required if respondents consent or do not oppose.

    3.52.20 HCR 7.38—respondent who consents, or who does not oppose, need not attend hearing.

    3.52.21 HCR 7.39—synopsis of argument.

    3.52.22 HCR 7.40—failure to attend.

    3.52.23 HCR 7.41—certain applications may be made orally at hearing.

    3.52.24 HCR 7.42—adjournment.

    3.52.25 HCR 7.43—making of interlocutory orders. The reference to HCR 1.6 is to be read as a reference to rule 1.13 of these rules.

    3.52.26 HCR 7.44—power to grant interlocutory order or interlocutory relief.

    3.52.27 HCR 7.45—interlocutory orders may be made subject to conditions.

    3.52.28 HCR 7.46—determination of application without notice.

    3.52.29 HCR 7.47—drawing up and sealing interlocutory order.

    3.52.30 HCR 7.48—enforcement of interlocutory order.

    3.52.31 HCR 7.49—order may be varied or rescinded if shown to be wrong.

    3.52.32 HCR 7.50—order relating to management of proceeding may be varied if circumstances change. Disregard references to Associate Judges and the Court of Appeal.

    3.52.33 HCR 7.51—order may be rescinded if fraudulently or improperly obtained.

    3.52.34 HCR 7.52—limitation as to second interlocutory application.

    Compare: SR 1992/109 rr 255–257, 259–292

Interim relief, preservation of property, receivers, interim payments

3.53 Interim relief
  • 3.53.1 HCR 7.53—application for injunction.

    3.53.2 HCR 7.54—undertaking as to damages.

    3.53.3 An interlocutory injunction to which section 42(2) of the Act applies (restraining a party to a proceeding from removing from New Zealand, or otherwise dealing with, assets in New Zealand) must be in form 19A (freezing order).

    3.53.4 For the purposes of rule 3.53.3,—

    • (a) an application for a freezing order must be made by interlocutory application under rule 3.52:

    Compare: SR 1992/109 r 258

    Rule 3.53.3: inserted, on 14 June 2012, by rule 21 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

    Rule 3.53.4: inserted, on 14 June 2012, by rule 21 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

3.54 Interim preservation, etc, of property
  • 3.54.1 HCR 7.55—preservation of property.

    3.54.2 HCR 7.56—sale of perishable property before hearing.

    3.54.3 HCR 7.57—order to transfer part of property to person with interest in property.

    3.54.4 HCR 7.58—interim payment of income to person with interest in income.

    Compare: SR 1992/109 rr 349–354

3.55 Receivers
3.56 Interim payments
  • 3.56.1 HCR 7.68—interpretation.

    3.56.2 HCR 7.69—application for interim payment.

    3.56.3 HCR 7.70—order for interim payment in respect of damages.

    3.56.4 HCR 7.71—order for interim payment in respect of sums other than damages.

    3.56.5 HCR 7.72—method of payment.

    3.56.6 HCR 7.73—directions on interim payment application.

    3.56.7 HCR 7.74—non-disclosure of interim payment.

    3.56.8 HCR 7.75—adjustment on final judgment or order or on discontinuance.

    3.56.9 HCR 7.76—counterclaims and other proceedings.

    Compare: SR 1992/109 rr 355A–355J

Arbitration

3.57 Arbitration by consent

Discovery and inspection

  • Heading: replaced, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

3.58 Discovery orders
  • 3.58.1 HCR 8.1—interpretation. For the purposes of applying subpart 1 of Part 8 of the High Court Rules to a claim that proceeds under rule 2.17 of these rules, pleading means a notice of claim or counterclaim, a response to a claim or counterclaim, a reply, a third party notice, or a subsequent party notice.

    3.58.2 HCR 8.2—co-operation.

    3.58.3 HCR 8.3—preservation of documents.

    3.58.4 HCR 8.4—initial disclosure.

    3.58.5 HCR 8.5(1) and (2)—discovery orders to be made at case management conferences. The reference to a case management conference is to be read as a reference to a judicial directions conference.

    3.58.6 HCR 8.6—two kinds of discovery order.

    3.58.7 HCR 8.7—standard discovery.

    3.58.8 HCR 8.8—tailored discovery.

    3.58.9 HCR 8.9—presumption as to tailored discovery. Disregard paragraphs (b), (d), and (e).

    3.58.10 HCR 8.10—obligation of a party ordered to make tailored discovery.

    3.58.11 HCR 8.11—preparation for first case management conference. The reference to a case management conference is to be read as a reference to a judicial directions conference.

    3.58.12 HCR 8.12—orders that may be made. The reference to a case management conference is to be read as a reference to a judicial directions conference.

    3.58.13 HCR 8.13—solicitor's discovery obligations.

    3.58.14 HCR 8.14—extent of search.

    3.58.15 HCR 8.15—affidavit of documents.

    3.58.16 HCR 8.16—schedule appended to affidavit of documents.

    3.58.17 HCR 8.17—variation of discovery order.

    3.58.18 HCR 8.18—continuing obligations.

    3.58.19 HCR Schedule 9—discovery checklist and listing and exchange protocol. In the definition of document in Part 3 of Schedule 9, the reference to HCR 1.3 is to be read as a reference to rule 1.8 of these rules.

    Rule 3.58: replaced, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

3.59 Orders for particular discovery
  • 3.59.1 HCR 8.19—order for particular discovery against party after proceeding commenced.

    3.59.2 HCR 8.20—order for particular discovery before proceeding commenced.

    3.59.3 HCR 8.21—order for particular discovery against non-party after proceeding commenced.

    3.59.4 HCR 8.22—costs of discovery.

    Rule 3.59: replaced, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

Discovery

[Revoked]

  • Heading: revoked, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

3.60 Discovery: affidavits of documents, privilege, public interest
  • 3.60.1 HCR 8.23—incorrect affidavit of documents to be amended.

    3.60.2 HCR 8.24—who may swear affidavit of documents.

    3.60.3 HCR 8.25—challenge to privilege or confidentiality claim.

    3.60.4 HCR 8.26—Crown documents and public interest.

    Rule 3.60: replaced, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

3.61 Discovery: inspection, copying, contempt
  • 3.61.1 HCR 8.27—inspection of documents.

    3.61.2 HCR 8.28—privilege and confidentiality.

    3.61.3 HCR 8.29—order facilitating inspection.

    3.61.4 HCR 8.30—use of documents.

    3.61.5 HCR 8.33—contempt of court.

    Rule 3.61: replaced, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

Evidence

  • Heading: inserted, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

3.62 Evidentiary provisions related to discovery and inspection
  • 3.62.1 HCR 8.31—effect of failure to include document.

    3.62.2 HCR 8.32—notice to produce documents or things.

    Rule 3.62: replaced, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

Interrogatories

  • Heading: inserted, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

3.63 Interrogatories
  • 3.63.1 HCR 8.34—interrogatories by notice.

    3.63.2 HCR 8.35—duties of party served.

    3.63.3 HCR 8.36—limitation of interrogatories by notice.

    3.63.4 HCR 8.37—multiple parties.

    3.63.5 HCR 8.38—order to answer.

    3.63.6 HCR 8.39—contents of statement.

    3.63.7 HCR 8.40—objection to answer.

    3.63.8 HCR 8.41—who may swear affidavit verifying statement in answer to interrogatories.

    3.63.9 HCR 8.42—insufficient answer.

    3.63.10 HCR 8.43—incorrect answer to be amended.

    3.63.11 HCR 8.44—answers as evidence.

    3.63.12 HCR 8.45—public interest.

    3.64.13 HCR 8.46—defamation proceedings.

    Rule 3.63: replaced, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

Admission of facts

  • Heading: replaced, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

3.64 Admission of facts
  • 3.64.1 HCR 8.47—notice to admit facts.

    3.64.2 HCR 8.48—judgment on admission of facts.

    Rule 3.64: replaced, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

Evidence

  • Heading: inserted, on 1 February 2012, by rule 5 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

3.65 Briefs, oral evidence directions, and chronologies
  • 3.65.1 HCR 9.1—objective and scope. Disregard the reference in subclause (2) to the common bundle.

    3.65.2 HCR 9.2—exchange of documents and index.

    3.65.3 HCR 9.7—requirements in relation to briefs.

    3.65.4 HCR 9.8—supplementary briefs.

    3.65.5 HCR 9.9—exchange of chronology of facts intended to be relied upon at trial or hearing. In applying this rule,—

    • (a) the period in subclause (1) is replaced by a period of 15 working days after the date of the judicial directions conference:

    • (b) disregard references to the common bundle.

    3.65.6 HCR 9.10—oral evidence directions.

    3.65.7 HCR 9.11—compliance with Evidence Act 2006.

    3.65.8 HCR 9.12—evidence-in-chief at trial.

    3.65.9 HCR 9.13—briefs not given in evidence.

    3.65.10 HCR 9.14—privilege and admissibility not affected by briefs.

    3.65.11 HCR 9.15—cross-examination duties.

    3.65.12 HCR 9.16—plaintiff's synopsis of opening.

    Rule 3.65: replaced, on 4 February 2013, by rule 8 of the District Courts (Case Management) Amendment Rules 2012 (SR 2012/406).

3.66 Inspection and testing of property
3.67 Court-appointed experts
  • 3.67.1 HCR 9.36—appointment of court expert.

    3.67.2 HCR 9.37—submission of question to court expert.

    3.67.3 HCR 9.38—report of court expert.

    3.67.4 HCR 9.39—experiments and tests.

    3.67.5 HCR 9.40—cross-examination of court expert.

    3.67.6 HCR 9.41—remuneration of court expert.

    3.67.7 HCR 9.42—calling of expert witnesses.

    Compare: SR 1992/109 rr 342–348

3.68 Expert evidence generally
  • 3.68.1 HCR 9.43 and Schedule 4—expert witness to comply with code of conduct.

    3.68.2 HCR 9.44—court may direct conference of expert witnesses.

    3.68.3 HCR 9.45—status of joint witness statement by expert witnesses.

    3.68.4 HCR 9.46—evidence of expert witnesses at trial.

3.69 Preserving evidence

Affidavits

3.70 Form and content of affidavits
  • 3.70.1 HCR 9.76—form and contents of affidavits.

    3.70.2 HCR 9.77—exhibits to affidavits.

    3.70.3 HCR 9.78—interlineation, alteration, or erasure in affidavit.

    3.70.4 HCR 9.79—irregularity in form of affidavit.

    3.70.5 HCR 9.80—service copies of affidavits.

    3.70.6 HCR 9.81—affidavit may be sworn on Sunday.

    3.70.7 HCR 9.82—affidavits made on behalf of corporation.

    3.70.8 HCR 9.83—affidavit by 2 or more persons.

    3.70.9 HCR 9.84—affidavit by blind or illiterate person.

    3.70.10 HCR 9.85—authority to take affidavits in New Zealand.

    3.70.11 HCR 9.86—authority to take affidavits in places outside New Zealand.

    3.70.12 HCR 9.87—meaning of authenticated deposition.

    3.70.13 HCR 9.88—admissibility of authenticated deposition.

    3.70.14 HCR 9.89—application of other rules.

    3.70.15 Rules about the procedure for giving evidence by affidavit are in rule 12.5 of these rules.

    Compare: SR 1992/109 rr 508–521A

3.71 Swearing or making of affidavits

Consolidations

3.72 Consolidation of proceedings

Separate decision of questions

3.73 Separate decisions
  • 3.73.1 HCR 10.14—definition of question.

    3.73.2 HCR 10.15—orders for decision.

    3.73.3 HCR 10.17—agreed result.

    3.73.4 HCR 10.18—record, etc, of decision.

    3.73.5 HCR 10.19—disposal of proceeding if proceeding substantially affected by decision of question.

    3.73.6 HCR 10.20—form and contents of case.

    3.73.7 HCR 10.21—insufficient case or disputed facts or documents.

    Compare: SR 1992/109 rr 417–424

3.74 Removal into High Court
  • 3.74.1 If the court makes an order under rule 3.73.2 for the decision of a question of law, it may further order that the question be removed into the High Court.

    3.74.2 The court must direct which documents, or classes of documents, relating to the proceeding are to be forwarded to the High Court.

    Compare: SR 1992/109 r 419

Accounts and inquiries

3.75 Accounts and inquiries
  • 3.75.1 HCR 16.1—interpretation.

    3.75.2 HCR 16.2—orders for accounts and inquiries.

    3.75.3 HCR 16.3—directions.

    3.75.4 HCR 16.4—summary order for accounts.

    3.75.5 HCR 16.5—mutual accounts.

    3.75.6 HCR 16.6—account-taker.

    3.75.7 HCR 16.7—directions as to evidence.

    3.75.8 HCR 16.8—remuneration of accountant.

    3.75.9 HCR 16.9—form and verification of account.

    3.75.10 HCR 16.10—filing and service of account.

    3.75.11 HCR 16.11—notice of receipt that is not admitted.

    3.75.12 HCR 16.12—notice of error.

    3.75.13 HCR 16.13—admission of items.

    3.75.14 HCR 16.14—appointment and notice for taking accounts.

    3.75.15 HCR 16.15—parties to attend account hearing.

    3.75.16 HCR 16.16—adjournment of account hearing.

    3.75.17 HCR 16.17—power of summary decision.

    3.75.18 HCR 16.18—examination of accounting party.

    3.75.19 HCR 16.19—production of documents.

    3.75.20 HCR 16.20—interest on debts of deceased person.

    3.75.21 HCR 16.22—accounting and estimates.

    3.75.22 HCR 16.23—directions for inquiries.

    Compare: SR 1992/109 rr 386–406

3.76 General provisions affecting accounts and inquiries
  • 3.76.1 HCR 16.24—powers of persons taking accounts or making inquiries.

    3.76.2 HCR 16.25—duty of persons summoned to attend.

    3.76.3 HCR 16.26—time for proving claims.

    3.76.4 HCR 16.27—statement of claim to be filed. A notice of claim is to be filed instead of a statement of claim.

    3.76.5 HCR 16.28—failure to claim within time.

    3.76.6 HCR 16.29—result to be certified.

    3.76.7 HCR 16.30—party may ask for court's decision.

    3.76.8 HCR 16.31—certificate when approved to be signed by Judge.

    3.76.9 HCR 16.32—effect of certificate when filed.

    3.76.10 HCR 16.33—distribution before all persons entitled are ascertained.

    3.76.11 HCR 16.34—payment of share carried over to separate trust account.

    Compare: SR 1992/109 rr 407–416

Section 62 or 62A reports

3.77 Report under section 62 or 62A of Act
  • 3.77.1 A report under section 62 or 62A of the Act—

    • (a) must be in writing; and

    • (b) must be filed in the office of the court; and

    • (c) is open to inspection by the parties.

    3.77.2 The Registrar must, on the filing of the report, give notice of the report to all parties.

    3.77.3 When the report has been filed,—

    • (a) if the further consideration of the proceeding has been adjourned to a particular day, any party may—

      • (i) apply on that day to a Judge to adopt the report; or

      • (ii) give not less than 3 working days’ notice of the party’s intention to make an application on that day to vary the report or to remit the report or any part of the report for further inquiry or report:

    • (b) if the further consideration has not been adjourned to a particular day, any party may, on not less than 3 working days’ notice, apply to a Judge to—

      • (i) adopt or vary the report; or

      • (ii) remit the report or any part of the report for further inquiry and report.

    Compare: SR1992/109 r 412

Abandonment of excess

3.78 Abandonment of excess if more than $200,000 found due on taking of accounts
  • 3.78.1 This rule applies if, on taking an account, it appears that a plaintiff is entitled to a larger amount than $200,000, and the plaintiff has not by the plaintiff’s notice of claim or statement of claim abandoned the excess over $200,000.

    3.78.2 The plaintiff may, if the defendant does not agree to extend the jurisdiction of the court under section 37 of the Act, by leave of the court abandon the excess over $200,000, and judgment may be entered accordingly.

    Compare: SR 1992/109 r 413

Part 4
Costs

4.1 Costs at discretion of court
  • 4.1.1 All matters are at the discretion of the court if they relate to costs—

    • (a) of a proceeding; or

    • (b) incidental to a proceeding; or

    • (c) of a step in a proceeding.

    4.1.2 Rules 4.2 to 4.10 are subject to rule 4.1.1.

    4.1.3 The provisions of any Act override rules 4.1.1 and 4.1.2.

    Compare: SR 1992/109 r 45

4.2 Principles applying to determination of costs
  • The following general principles apply to the determination of costs:

    • (a) the party who fails with respect to a proceeding or an interlocutory application should pay costs to the party who succeeds:

    • (b) an award of costs should reflect the complexity and significance of the proceeding:

    • (c) costs should be assessed by applying the appropriate daily recovery rate to the time considered reasonable for each step reasonably required in relation to the proceeding or interlocutory application:

    • (d) an appropriate daily recovery rate should normally be two-thirds of the daily rate considered reasonable in relation to the proceeding or interlocutory application:

    • (e) what is an appropriate daily recovery rate and what is a reasonable time should not depend on the skill or experience of the solicitor or counsel involved or on the time actually spent by the solicitor or counsel involved or on the costs actually incurred by the party claiming costs:

    • (f) an award of costs should not exceed the costs incurred by the party claiming costs:

    • (g) so far as possible the determination of costs should be predictable and expeditious.

    Compare: SR 1992/109 r 46

4.3 Categorisation of proceedings
  • 4.3.1 For the purposes of rule 4.2(b), proceedings must be classified as falling within 1 of the following categories:

     Category 1 proceedingsProceedings of a straightforward nature able to be conducted by counsel considered junior.
     Category 2 proceedingsProceedings of average complexity requiring counsel of skill and experience considered average.
     Category 3 proceedingsProceedings that because of their complexity or significance require counsel to have special skill and experience.

    4.3.2 The court may at any time determine in advance a proceeding's category, which applies to all subsequent determinations of costs in the proceeding, unless there are special reasons to the contrary.

    4.3.3 Each step specified in item 19 of Schedule 3 must be treated as having been taken in a category 2 proceeding.

    4.3.4 Unless the court otherwise directs, rule 4.3.3 applies to a proceeding even if the court has, under rule 4.3.2, determined the category of the proceeding.

    Compare: SR 1992/109 r 47

4.4 Appropriate daily recovery rates
  • For the purposes of rule 4.2(c), the appropriate daily recovery rates for the categories of proceedings referred to in rule 4.3

    • (b) must be applied to those categories.

    Compare: SR 1992/109 47A

4.5 Determination of reasonable time
  • 4.5.1 For the purposes of rule 4.2(c), a reasonable time for a step in a proceeding is—

    • (b) a time determined by analogy with that schedule, if Schedule 3 does not apply; or

    • (c) the time assessed as likely to be required for the particular step, if no analogy can usefully be made.

    4.5.2 A determination of what is a reasonable time for a step in a proceeding under rule 4.5.1 must be made by reference—

    • (a) to band A, if a comparatively small amount of time for the particular step is considered reasonable; or

    • (b) to band B, if a normal amount of time for the particular step is considered reasonable; or

    • (c) to band C, if a comparatively large amount of time is considered reasonable.

    Compare: SR 1992/109 r 47B

4.6 Increased costs and indemnity costs
  • 4.6.1 Despite rules 4.2 to 4.5, the court may make an order—

    • (a) increasing costs otherwise payable under those rules (increased costs); or

    • (b) that the costs payable are the actual costs, disbursements, and witness expenses reasonably incurred by a party (indemnity costs).

    4.6.2 The court may make the order at any stage of a proceeding in relation to any step in the proceeding.

    4.6.3 The court may order a party to pay increased costs if—

    • (a) the nature of the proceeding or the step in the proceeding is such that the time required by the party claiming costs would substantially exceed the time allocated under band C; or

    • (b) the party opposing costs has contributed unnecessarily to the time or expense of the proceeding or step in the proceeding by—

      • (i) failing to comply with these rules or a direction of the court; or

      • (ii) taking or pursuing an unnecessary step or an argument that lacks merit; or

      • (iii) failing, without reasonable justification, to admit facts, evidence, or documents or accept a legal argument; or

      • (iv) failing, without reasonable justification, to comply with an order for discovery, notice for further particulars, notice for interrogatories, or other similar requirement under these rules; or

      • (v) failing, without reasonable justification, to accept an offer of settlement whether in the form of an offer under rule 4.10 or some other offer to settle or dispose of the proceeding; or

    • (c) the proceeding is of general importance to persons other than just the parties and it was reasonably necessary for the party claiming costs to bring the proceeding or participate in the proceeding in the interests of those affected; or

    • (d) some other reason exists that justifies the court making an order for increased costs despite the principle that the determination of costs should be predictable and expeditious.

    4.6.4 The court may order a party to pay indemnity costs if—

    • (a) the party has acted vexatiously, frivolously, improperly, or unnecessarily in commencing, continuing, or defending a proceeding or a step in a proceeding; or

    • (b) the party has ignored or disobeyed an order or direction of the court or breached an undertaking given to the court or another party to the proceeding; or

    • (c) costs are payable from a fund, the party claiming costs is a necessary party to the proceeding affecting the fund, and the party claiming costs has acted reasonably in the proceeding; or

    • (d) the person in whose favour the order of costs is made was not a party to the proceeding and has acted reasonably in relation to the proceeding; or

    • (e) the party claiming costs is entitled to indemnity costs under a contract or deed; or

    • (f) the party claiming costs is a defendant and—

      • (i) the defendant served the defendant's response in accordance with rules 2.12 and 2.13 but the plaintiff did not serve the plaintiff's information capsule within the 30-day period stated in rule 2.14.1; or

      • (ii) the defendant served the defendant's information capsule in accordance with rule 2.15 but the plaintiff did not pursue the plaintiff's claim under rule 2.17 within the 90-day period stated in rule 2.17.4; or

    • (g) some other reason exists that justifies the court making an order for indemnity costs despite the principle that the determination of costs should be predictable and expeditious.

    Compare: SR 1992/109 r 47C

    Rule 4.6.3(b)(iv): amended, on 1 February 2012, by rule 6 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

4.7 Refusal of, or reduction in, costs
  • Despite rules 4.2 to 4.5, the court may refuse to make an order for costs or may reduce the costs otherwise payable under those rules if—

    • (a) the nature of the proceeding or the step in a proceeding is such that the time required by the party claiming costs would be substantially less than the time allocated under band A; or

    • (b) the property or interests at stake in the proceeding were of exceptionally low value; or

    • (c) the issues at stake were of little significance; or

    • (d) although the party claiming costs has succeeded overall, that party has failed in relation to a cause of action or issue that significantly increased the costs of the party opposing costs; or

    • (e) the party claiming costs has contributed unnecessarily to the time or expense of the proceeding or step in the proceeding by—

      • (i) failing to comply with these rules or a direction of the court; or

      • (ii) taking or pursuing an unnecessary step or an argument that lacks merit; or

      • (iii) failing, without reasonable justification, to admit facts, evidence, or documents or accept a legal argument; or

      • (iv) failing, without reasonable justification, to comply with an order for discovery, notice for further particulars, notice for interrogatories, or other similar requirement under these rules; or

      • (v) failing, without reasonable justification, to accept an offer of settlement, whether in the form of an offer under rule 4.10 or some other offer to settle or dispose of the proceeding; or

    • (f) some other reason exists that justifies the court refusing costs or reducing costs despite the principle that the determination of costs should be predictable and expeditious.

    Compare: SR 1992/109 r 47D

    Rule 4.7(e)(iv): amended, on 1 February 2012, by rule 7 of the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011 (SR 2011/347).

4.8 Costs in interlocutory applications
  • 4.8.1 Costs on an opposed interlocutory application, unless there are special reasons to the contrary,—

    • (a) must be fixed in accordance with these rules when the application is determined; and

    • (b) become payable when they are fixed.

    4.8.2 Despite rule 4.8.1, the court may reverse, discharge, or vary an order for costs on an interlocutory application if satisfied subsequently that the original order should not have been made.

    4.8.3 This rule does not apply to an application for summary judgment.

    Compare: SR 1992/109 r 47E

4.9 Costs may be determined by different Judge
  • Costs may be determined by a Judge other than the Judge who heard the matter to which the costs relate, if the Judge who heard the matter to which the costs relate is not available conveniently to make the determination.

    Compare: SR 1992/109 r 47F

4.10 Written offers without prejudice except as to costs
  • 4.10.1 A party to a proceeding may at any time make to any other party to the proceeding a written offer that—

    • (a) is expressly stated to be without prejudice except as to costs; and

    • (b) relates to an issue in the proceeding.

    4.10.2 The fact that the offer has been made must not be communicated to the court until the question of costs is to be decided.

    Compare: SR 1992/109 r 47G

4.11 Effect on costs
  • 4.11.1 The effect (if any) that the making of an offer under rule 4.10 has on the question of costs is at the discretion of the court.

    4.11.2 Rules 4.11.3 and 4.11.4—

    • (a) are subject to rule 4.11.1; and

    • (c) apply to an offer made under rule 4.10 by a party to a proceeding (party A) to another party to it (party B).

    4.11.3 Party A is entitled to costs on the steps taken in the proceeding after the offer is made, if party A—

    • (a) offers a sum of money to party B that exceeds the amount of a judgment obtained by party B against party A; or

    • (b) makes an offer that would have been more beneficial to party B than the judgment obtained by party B against party A.

    4.11.4 The offer may be taken into account if party A makes an offer that—

    • (a) does not fall within paragraph (a) or (b) of rule 4.11.3; and

    • (b) is close to the value or benefit of the judgment obtained by party B.

    Compare: SR 1992/109 r 47H

4.12 Disbursements
  • 4.12.1 In this rule, disbursement, in relation to a proceeding,—

    • (a) means an expense paid or incurred for the purposes of the proceeding that would ordinarily be charged for separately from professional services in a solicitor’s bill of costs; and

    • (b) includes—

      • (i) fees of court for the proceeding:

      • (ii) expenses for serving documents for the purposes of the proceeding:

      • (iii) expenses for photocopying documents required by these rules or by a direction of the court:

      • (iv) expenses of conducting a conference by telephone or video link; but

    • (c) does not include counsel’s fee.

    4.12.2 A disbursement may be included in the costs awarded for a proceeding to the extent that the disbursement is—

    • (a) of a class that is either—

      • (i) approved by the court for the purposes of the proceeding; or

      • (ii) specified in rule 4.12.1(b); and

    • (b) specific to the conduct of the proceeding; and

    • (c) necessary for the conduct of the proceeding; and

    • (d) reasonable in amount.

    4.12.3 A Judge may direct a Registrar to exercise the powers of the court under this rule.

    Compare: SR 1992/109 r 47I

4.13 Joint and several liability for costs
  • The liability of each of 2 or more parties ordered to pay costs is joint and several, unless the court otherwise directs.

    Compare: SR 1992/109 r 48

4.14 Defendants defending separately
  • The court must not allow more than 1 set of costs, unless it appears to the court that there is good reason to do so, if—

    • (a) several defendants defended a proceeding separately; and

    • (b) it appears to the court that all or some of them could have joined in their defence.

    Compare: SR 1992/109 r 49

4.15 Claim and counterclaim both established
  • The court must award costs as if each party had succeeded in an independent proceeding, unless, in the court’s opinion, the justice of the case otherwise requires, if—

    • (a) the plaintiff succeeds in his or her proceeding; and

    • (b) the defendant succeeds in a counterclaim.

    Compare: SR 1992/109 r 50

4.16 Set-off if costs allowed to both parties
  • If opposite parties are awarded costs against each other, their respective costs must be set off and the lesser sum must be deducted from the greater, unless the court otherwise directs.

    Compare: SR 1992/109 r 51

4.17 Solicitor acting in person
  • A solicitor who is a party to a proceeding and acts in person is entitled to solicitors’ costs.

    Compare: SR 1992/109 r 52

4.18 Proceeding transferred from High Court
  • 4.18.1 This rule applies if a proceeding has been transferred from the High Court to a District Court and the amount remaining in dispute at the date on which the Registrar receives the documents referred to in section 47 of the Act is less than the amount originally claimed.

    4.18.2 The costs incurred after that date must be allowed on the scale and subject to the rules applicable to the costs of a proceeding started in a District Court to recover the amount remaining in dispute.

    Compare: SR 1992/109 r 53

4.19 Enforcement of order for costs
  • An order for the payment of costs may be enforced in the same manner as any other order of a District Court for the payment of money.

    Compare: SR 1992/109 r 54

Security for costs

4.20 Power to make order for security for costs
  • 4.20.1 This rule applies if the court is satisfied, on the application of a defendant,—

    • (a) that a plaintiff—

      • (i) is resident outside New Zealand; or

      • (ii) is a corporation incorporated outside New Zealand; or

      • (iii) is, within the meaning of section 158 of the Companies Act 1955 or section 5 of the Companies Act 1993, as the case may be, a subsidiary of a corporation incorporated outside New Zealand; or

    • (b) that there is reason to believe that a plaintiff will be unable to pay the costs of the defendant if the plaintiff is unsuccessful in the plaintiff’s proceeding.

    4.20.2 This rule does not apply if the matter proceeds in the short trial mode.

    4.20.3 When this rule applies, the court may, if it thinks fit in all the circumstances, order the giving of security for costs.

    4.20.4 An order under rule 4.20.3—

    • (a) must require the plaintiff or plaintiffs against whom the order is made to give security for costs in respect of the sum that the court considers sufficient—

      • (i) by paying that sum into court; or

      • (ii) by giving, to the satisfaction of the Registrar, security for that sum; and

    • (b) may stay the proceeding until the sum is paid or the security given, as the case may be.

    4.20.5 The court may treat a plaintiff as being resident out of New Zealand even though the plaintiff is temporarily resident in New Zealand.

    4.20.6 The court may make an order under rule 4.20.3 even if the defendant has taken a step in the proceeding before applying for security.

    4.20.7 References in this rule to a plaintiff and defendant are references to the person (however described on the record) who, because of a document filed in the proceeding (for example, a counterclaim), is in the position of plaintiff or defendant.

    Compare: SR 1992/109 r 61

4.21 How security to be given
  • 4.21.1 If any officer is empowered to take security from any person for any purpose, the security must be given by the number of sureties and in the form and for the amount that the officer empowered to take security thinks proper.

    4.21.2 Any person required to give security may appeal to the court against any decision under rule 4.21.1.

    Compare: SR 1992/109 r 62

4.22 Solicitor not to be surety
  • A party's solicitor may not be accepted as surety for a security that the party is required to give under rule 4.20.3.

    Compare: SR 1992/109 r 63

4.23 Surety becoming bankrupt or insolvent
  • If any surety becomes bankrupt or insolvent or makes a composition with his or her creditors, all further steps in the proceeding by the principal party to the security may be stayed by the court until another surety has been found.

    Compare: SR 1992/109 r 64

Part 5
Procedure in special cases

5.1 Application of this Part generally
  • This Part applies to—

    • (a) proceedings in which the relief claimed is wholly within the equitable jurisdiction of the court:

    • (b) any proceeding by a person affected by a mortgage or charge (whether legal or equitable) of an interest in land for the purpose of determining—

      • (i) the person's rights or obligations under the mortgage or charge; or

      • (ii) the exercise or purported or threatened exercise of any right or power alleged to arise out of the mortgage or charge:

    • (c) any other proceeding to which the court directs that this Part applies.

    Compare: SR 1992/109 rr 439, 441; HCR 18.1(d)

5.2 Application of this Part to proceedings under Industrial and Provident Societies Act 1908
  • 5.2.1 This Part also applies to proceedings in which the relief is claimed solely under the Industrial and Provident Societies Act 1908 but subject to any rules of the relevant society made under that Act.

    5.2.2 Nothing in this rule prevents a person who is otherwise able to claim relief by filing an originating application under Part 6 from doing so, but in that case nothing in this Part applies to that proceeding.

    Compare: SR 1992/109 rr 440, 442

5.3 High Court Rules applied to proceedings under this Part
  • 5.3.1 HCR 18.7—application for directions as to service. Disregard HCR 18.7(1)(d) and (4).

    5.3.2 HCR 18.8—orders giving directions as to service.

    5.3.3 HCR 18.9—proceeding without service.

    5.3.4 HCR 18.11—time for serving affidavit in support of appearance.

    5.3.5 HCR 18.12—statement of defence to be filed.

    5.3.6 HCR 18.15—evidence generally by agreed statement of facts or affidavit. In applying HCR 9.72 to 9.89, apply rule 3.71 (swearing of affidavits) of these rules instead of HCR 9.73. Disregard HCR 18.15(2)(a).

    Compare: 1992/109 rr 444, 445, 448, 450, 451

Part 6
Originating applications

6.1 Application of this Part
  • 6.1.1 An application to the court under any of the following enactments must be filed as an originating application under this Part:

    • (b) sections 8, 9, 19, and 20 of the Alcoholism and Drug Addiction Act 1966:

    • (h) sections 9 and 10 of the Criminal Records (Clean Slate) Act 2004:

    • (ia) sections 32 and 33 of the Cultural Property (Protection in Armed Conflict) Act 2012:

    • (p) [Revoked]

    • (r) section 14(4) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:

    6.1.2 An application to the court under an enactment that expressly provides for the application to be made by originating application must be filed as an originating application under this Part.

    6.1.3 A party may apply without notice for permission to start a proceeding by originating application under this Part and the court may, in the interests of justice, permit the proceeding to start in that way. The proposed originating application must be filed with the application for permission.

    6.1.4 This Part applies to any originating application subject to the Act under which the application is made and any regulations or rules made under that Act.

    6.1.5 Despite rule 6.1.1(c), a second or subsequent application to the court under the Arbitration Act 1996 concerning the same arbitration, whether brought by the plaintiff or the defendant, must be made by interlocutory application in the same proceeding as the first application.

    Compare: SR 1992/109 r 452

    Rule 6.1.1(ia): inserted, on 1 July 2013, by rule 4 of the District Courts (Cultural Property (Protection in Armed Conflict) Act 2012) Amendment Rules 2013 (SR 2013/195).

    Rule 6.1.1(p): revoked, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).

    Rule 6.1.1(t): substituted, on 1 December 2009, by rule 4 of the District Courts (Criminal Proceeds (Recovery) Act 2009) Amendment Rules 2009 (SR 2009/312).

    Rule 6.1.1(z): inserted, on 14 June 2012, by rule 22 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

6.2 Starting proceedings
  • A proceeding that may be started by originating application is started when the originating application is filed in the proper court, as determined under rule 3.1, or when the court gives permission under rule 6.1.3.

    Compare: SR 1992/109 r 453(1)

6.3 High Court Rules applied to proceedings under this Part
  • 6.3.1 HCR 19.8—memorandum relating to filing and address for service.

    6.3.2 HCR 19.9—heading of documents. Form 1 may be used instead of HCF G 1.

    6.3.3 HCR 19.10—application of rules relating to interlocutory applications.

    6.3.4 HCR 19.11—directions as to parties and conduct of applications.

    6.3.5 HCR 19.13—evidence.

    6.3.6 HCR 19.14—cross-examination of person making affidavit.

    Compare: SR 1992/109 rr 453(2)–(4), 454–461

6.4 Directions as to service
  • HCR 18.8 (orders giving directions as to service) applies as it applies in Part 5 (under rule 5.3.2).

    Compare: SR 1992/109 r 456

Part 7
Proceedings under Harassment Act 1997

7.1 Application of Part
  • This Part applies to proceedings under the Harassment Act 1997.

    Compare: SR 1992/109 r 461A(1)

7.2 Interpretation
  • In this Part, unless the context otherwise requires,—

    Act means the Harassment Act 1997

    associated respondent means—

    • (a) a person against whom a restraining order applies as a result of a direction under section 18 of the Act; or

    • (b) a person against whom a direction under section 18 of the Act is sought

    interlocutory application does not include a main application; but includes an application that is ancillary to a main application

    main application means—

    • (a) an application, under section 9 of the Act, for a restraining order:

    • (b) an application, under section 22 of the Act, for a variation of a restraining order:

    • (c) an application, under section 23 of the Act, for a discharge of a restraining order

    protected person means a person for whose protection a restraining order is made.

    Compare: SR 1992/109 r 461B

7.3 Construction
  • This Part must be construed so as to—

    • (a) ensure that the object of the Act (as set out in section 6) is attained; and

    • (b) secure the just, speedy, simple, and inexpensive determination of proceedings under the Act.

    Compare: SR 1992/109 r 461C

7.4 Procedure and practice
  • 7.4.1 This Part prevails over any inconsistent practice in any proceeding under the Act.

    7.4.2 When a Judge hears or determines a proceeding under the Act, the Judge may from time to time give directions that are not inconsistent with the Act or this Part and that the Judge thinks proper for regulating the business of the court over which he or she presides.

    Compare: SR 1992/109 r 461D

7.5 Application of rules in other Parts
  • 7.5.1 The following rules do not apply to proceedings under the Act:

    • (b) the following High Court Rules:

      • (i) HCR 4.34 (court may set aside step in proceeding):

      • (ii) HCR 4.48 (procedure when minor attains full age):

      • (iii) HCR 4.56 (striking out and adding parties):

      • (iv) HCR 5.21 to 5.24 (further particulars, notice of proceeding):

      • (v) HCR 5.70 and 5.71 (service):

      • (vi) HCR 7.7 (admissions and agreements):

      • (vii) HCR 7.53 (application for injunction):

      • (viii) HCR 8.1 to 8.42 (interrogatories, notice to admit facts, discovery):

      • (ix) HCR 9.34 and 9.35 (inspection and testing):

      • (x) HCR 10.1 (venue and changing it):

      • (xi) HCR 11.6 (form of judgment):

      • (xii) HCR 11.11 (judgment to be sealed, dated, and served):

      • (xiii) HCR Part 12 (summary judgment).

    7.5.2 Unless excluded by rule 7.5.1, the provisions of a rule in another Part apply to proceedings under the Act so far as they are applicable and with the necessary modifications.

    7.5.3 The court must apply rule 7.5.2 and the provisions of a rule to which rule 7.5.2 applies in the manner the court thinks best calculated to—

    • (a) ensure that the object of the Act (as set out in section 6) is attained; and

    • (b) promote the ends of justice.

    Compare: SR 1992/109 r 461E

7.6 Cases not provided for
  • 7.6.1 The court may give directions with respect to the procedure and practice to be followed in a particular case if the court is satisfied, in the circumstances of the particular case,—

    • (a) that the provisions of the Act, or of these rules, or the practice of the court, do not make adequate provision for procedure or practice; or

    • (b) that difficulties have arisen or doubt exists as to the appropriate procedure or practice.

    7.6.2 The directions must in the opinion of the court be necessary to—

    • (a) ensure that the object of the Act (as set out in section 6) is attained; and

    • (b) promote the ends of justice.

    Compare: SR 1992/109 r 461F; SR 1996/148 r 6(3)

Forms

7.7 Forms
  • 7.7.1 Any form authorised or directed to be used by this Part may be varied if the circumstances of a particular case require.

    7.7.2 Without limiting the generality of rule 7.7.1,—

    • (a) if a form authorised or directed to be used by this Part contains or specifies material that is inapplicable in the circumstances of a particular case, that material may be deleted or omitted from the completed form:

    • (b) if a form authorised or directed to be used by this Part contains explanatory material intended only for the information of a particular person, that material need not be included in a copy of the form that is required to be served on or given to another person to whom that material is not relevant.

    7.7.3 If these rules do not authorise or direct the use of a particular form, the parties or the court may devise an appropriate form, using forms that are authorised or directed to be used by these rules as guides.

    Compare: SR 1992/109 r 461G

7.8 Headings
  • 7.8.1 An application, notice, or order must have, on the first page, a general heading (which may be in form 20) that shows—

    • (a) the office of the court in which the application or other matter is proceeding; and

    • (b) the distinguishing number of the application or other matter; and

    • (c) the name of the Act; and

    • (d) subject to rules 7.8.2 and 7.14, the full name, address, and occupation of each party, so far as they are known to the party presenting the document for filing.

    7.8.2 Unless any form authorised or directed to be used under these rules otherwise requires, and subject to rule 7.14, all other documents that are filed, issued, or served in a proceeding under the Act must have on the first page a general heading that complies with rule 7.8.1, except that, in a case in which it is not necessary to distinguish between 2 or more persons,—

    • (a) given names may be indicated by initials only:

    • (b) addresses and occupations may be omitted.

    Compare: SR 1992/109 r 461H

Main applications

7.9 How to start proceedings
  • 7.9.1 A proceeding under the Act must be started by filing a main application in the proper court, as determined by rule 7.16.

    7.9.2 A main application must be made on notice to every person intended to be affected by the order sought by the application.

    Compare: SR 1992/109 r 461I; SR 1996/148 r 13

7.10 Form of main application
  • 7.10.1 An application for a restraining order must be in form 21.

    7.10.2 An application, under section 22 of the Act, for a variation of a restraining order must be in form 22.

    7.10.3 An application, under section 23 of the Act, for a discharge of a restraining order must be in form 22.

    Compare: SR 1992/109 r 461J

7.11 Documents accompanying main applications
  • 7.11.1 A main application must be accompanied by—

    • (a) a notice of proceeding in form 23, which must be signed by the applicant or the applicant’s solicitor or counsel; and

    • (b) an affidavit by or on behalf of the applicant, and containing (where applicable) the matters specified in rule 7.12.

    7.11.2 A copy of a restraining order that is to be used in support of a main application filed in another court, or a copy of a copy of the restraining order, must be filed with the main application unless the Registrar otherwise directs.

    Compare: SR 1992/109 r 461K

7.12 Supporting affidavits
  • 7.12.1 An affidavit accompanying a main application must set out the matters on which the application is based.

    7.12.2 An affidavit accompanying an application for a restraining order must contain sufficient particulars to—

    • (a) show the grounds on which the applicant claims to be entitled to the order; and

    • (b) inform the court of the facts relied on in support of the application.

    7.12.3 An affidavit to which rule 7.12.2 relates must, in particular,—

    • (a) indicate the nature and history of the harassment that the applicant alleges the respondent has engaged in, including—

      • (i) an outline of the current situation or most recent incident; and

      • (ii) an outline of the behaviour that forms part of a pattern of behaviour from which protection is needed; and

      • (iii) details of any contact with Police about the behaviour from which protection is needed; and

    • (b) show why special conditions are regarded as necessary to protect the applicant from further harassment (if applicable); and

    • (c) show why a direction that the restraining order apply against an associated respondent is sought (if applicable), including—

      • (i) details of the way in which the respondent is encouraging or has encouraged the associated respondent’s behaviour; and

      • (ii) an outline, similar to that required by paragraph (a), of the nature and history of the harassment that the applicant alleges the associated respondent has engaged in.

    7.12.4 If an application is made under section 13 of the Act by a representative, an affidavit containing the matters specified in rules 7.12.2 and 7.12.3 may be made by any person who has knowledge of the relevant facts.

    Compare: SR 1992/109 r 461L

7.13 Number of copies to be filed
  • There must be filed with every main application the number of copies of the application and the accompanying documents that the Registrar directs is required for service.

    Compare: SR 1992/109 r 461M

7.14 Request that residential address be kept confidential
  • 7.14.1 In this rule and in rule 7.15, applicant means—

    • (a) a person who applies for a restraining order; and

    • (b) a protected person who is a party to a proceeding under the Act.

    7.14.2 An applicant who wishes that his or her residential address be kept confidential from the other party or parties must file a notice in form 24

    • (a) stating the applicant’s residential address; and

    • (b) requesting that the address be kept confidential.

    7.14.3 On filing the notice in accordance with rule 7.14.2, the applicant is not required to disclose the applicant’s residential address in a document that is available to another party (despite any other rule).

    7.14.4 To the extent that a document discloses any matter that is to be kept confidential in accordance with this rule or rule 7.15, the document may not be searched, inspected, or copied under rules 3.11 to 3.22 unless the court otherwise directs.

    7.14.5 An applicant who changes his or her address from that shown in a notice filed in accordance with rule 7.14.2 may, by notice in form 24, notify that change of address to the Registrar.

    7.14.6 Neither this rule nor rule 7.15 affect the obligation to state an address for service in accordance with rule 3.37.9.

    Compare: SR 1992/109 r 461N(1)–(3), (5)–(7)

7.15 Request that address of applicant’s solicitor be kept confidential
  • 7.15.1 If an applicant’s solicitor has instructed another solicitor (the agent) to act as the agent of the applicant’s solicitor in the proceeding, the applicant may also request in the notice filed under rule 7.14.2 that the name and address of the applicant’s solicitor be kept confidential.

    7.15.2 When rule 7.15.1 applies,—

    • (a) the name of the applicant’s solicitor is not required to be disclosed in a document that is available to another party if the name of the agent is disclosed in that document; and

    • (b) any rule requiring disclosure of the name of the applicant’s solicitor in a document that is available to another party may be complied with by disclosing the name of the agent.

    Compare: SR 1992/109 r 461N(4)

7.16 Proper court for filing main application
  • 7.16.1 The proper court, for the purposes of rule 7.9, is—

    • (a) the court nearest to the place where the applicant or one of the applicants resides; or

    • (b) the court nearest to the place specified by the applicant or one of the applicants as his or her address for service; or

    • (c) the court nearest to the place where the respondent or an associated respondent resides; or

    • (d) with the written consent of every respondent and every associated respondent, any other court.

    7.16.2 Written consent given under rule 7.16.1(d) must be filed with the application.

    Compare: SR 1992/109 r 461O

7.17 Proceedings started in wrong court
  • 7.17.1 The Registrar may refuse to file a proceeding that, in the Registrar’s opinion, is tendered for filing in the wrong court.

    7.17.2 If the Registrar refuses to file a proceeding, the applicant may apply to a Judge for a direction that the applicant is entitled to file the proceeding in that court.

    7.17.3 If a proceeding is started in the wrong court, a Judge may, on any terms and conditions that the Judge considers appropriate,—

    • (a) transfer the proceeding to the court in which it ought to have been started; or

    • (b) order that the proceeding continue in the court in which it was started.

    7.17.4 No objection may be taken at the hearing or at a subsequent proceeding on the ground that the proceeding was filed in the wrong court.

    7.17.5 Rule 7.17.4 does not limit rule 7.17.3.

    Compare: SR 1992/109 r 461P

7.18 Procedure on filing main applications
  • The Registrar must do the following if a main application is filed:

    • (a) enter the application in the records of the court; and

    • (b) fix a date and time for the hearing of the application, which must be as soon as practicable; and

    • (c) inform all parties to the proceeding of the date and time fixed for the hearing; and

    • (d) ensure that the respondent and any associated respondent is served with copies of—

      • (i) the application; and

      • (ii) the notice of proceeding; and

      • (iii) the affidavit accompanying the application.

    Compare: SR 1992/109 r 461Q

Notice of defence

7.19 Requirement to file and serve notice of defence or address for service
  • 7.19.1 A respondent or an associated respondent who intends to defend a main application must, not less than 5 working days before the date set for the hearing, file in court—

    • (a) a notice of defence in form 25; and

    • (b) an affidavit setting out sufficient particulars to indicate the grounds on which the defence is based, and sufficient information to inform the court of the facts relied on in support of the defence.

    7.19.2 The notice of defence and affidavit required to be filed in court under rule 7.19.1 must be served on the applicant not less than 5 working days before the date set for the hearing.

    7.19.3 Rules 7.19.1 and 7.19.2 are subject to any directions given by a Judge in relation to any particular case.

    7.19.4 A respondent who does not intend to defend a main application may give an address for service by filing in court a notice of that address and serving a copy on every other party to the proceeding.

    Compare: SR 1992/109 r 461R(1), (2), (5)

7.20 Consequences of failure to file and serve notice of defence
  • 7.20.1 If a respondent or an associated respondent fails to comply with rule 7.19.1 or 7.19.2 , the court may—

    • (a) strike out the defence; or

    • (b) allow the respondent or associated respondent to defend the application, or appear at the hearing, only on such terms as the court considers appropriate.

    7.20.2 Rule 7.20.1 does not limit any other power the court may exercise if a party fails to comply with these rules.

    Compare: SR 1992/109 r 461R(3), (4)

Representatives

7.21 Appointment of representative of certain minors
  • 7.21.1 This rule applies to a minor who—

    • (a) is under 16 years of age; or

    • (b) is 16 years of age and elects under section 11(2A) of the Act to make an application for a restraining order by a representative.

    7.21.2 For the purposes of section 11 of the Act, a representative of a minor to whom this rule applies must be appointed as a litigation guardian of the minor under rule 3.34.7.

    7.21.3 Rules 3.34.7, 3.34.8, and 3.34.13 to 3.34.17 apply to the minor and every reference in those rules to an incapacitated person must be read as if it was also a reference to a minor.

    Compare: SR 1992/109 r 461S

7.22 Applications against minors
  • A minor who is aged 17 or over, or who has been married or in a civil union or de facto relationship, who wishes to defend an application against him or her for a restraining order must defend the application on his or her own behalf, without a litigation guardian.

    Compare: SR 1992/109 r 461SA

7.23 Appointment of representative of person unable or unwilling to take proceeding
  • Rules 3.34.13 to 3.34.18 apply to a representative appointed under section 13 of the Act and to the person on whose behalf the representative was appointed as if each reference in those rules—

    • (a) to a litigation guardian were a reference to the representative; and

    • (b) to an incapacitated person were a reference to the person on whose behalf the representative was appointed.

    Compare: SR 1992/109 r 461T

7.24 Effect of minor turning 17, marrying, or entering into civil union
  • 7.24.1 If a minor in relation to whom a representative has been appointed turns 17 years or marries or enters into a civil union before turning 17, all subsequent steps must be taken in the minor’s name.

    7.24.2 If the minor continues to prosecute or defend the proceeding, he or she is liable for all the costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had started it or had become a party to it at a time when he or she was not a minor.

    Compare: SR 1992/109 r 461U

7.25 Effect of ceasing to be unable or unwilling to take proceedings
  • 7.25.1 A party on whose behalf a representative was appointed under section 13 of the Act and who ceases to be a person to whom that section applies must take all subsequent steps in the proceeding in the party’s own name.

    7.25.2 A party who continues to take steps in the proceeding after he or she ceases to be a person to whom section 13 of the Act applies is liable for all the costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had started it or had become a party to it when he or she was not a person to whom that section applied.

    Compare: SR 1992/109 r 461V

Service

7.26 Personal service of applications
  • 7.26.1 A main application and the documents required under the Act or under this Part to accompany the application must be served personally on every person who is required to be served with the application and those documents.

    7.26.2 Rule 7.26.1 is subject to rule 7.29.

    7.26.3 Service of the application must be made—

    • (a) not less than 15 working days before the day of the hearing of the application, if service is effected in New Zealand; or

    • (b) not less than 21 working days before the day of the hearing of the application, if service is effected out of New Zealand.

    Compare: SR 1992/109 r 461W

7.27 Main applications served by Registrar
  • 7.27.1 The Registrar must serve or cause to be served, without delay, every main application under the Act unless this Part otherwise provides.

    7.27.2 Any other document required to be served for the purpose of any proceeding under the Act—

    • (a) must be served by the Registrar if a Judge so directs:

    • (b) in the absence of a direction under paragraph (a), may be served by the Registrar.

    7.27.3 The Registrar may authorise service of a document that he or she is required to serve under this rule to be effected by—

    • (a) a bailiff; or

    • (b) a constable, if—

      • (i) no bailiff is available to serve the document; or

      • (ii) the court or the Registrar considers it appropriate in the circumstances; or

    • (c) a solicitor for a party; or

    • (d) a solicitor acting as agent for that solicitor; or

    • (e) a person employed or engaged by a party or by either solicitor.

    Compare: SR 1992/109 r 461X

7.28 Parties may not effect service
  • Personal service of a document may not be effected by a party to the proceeding, but the party may be present when service is effected.

    Compare: SR 1992/109 r 461Y

7.29 Substituted service
  • If for any sufficient reason service of a document cannot be effected in the manner specified by this Part, the court or a Registrar may give any direction provided for by rule 3.43 (substituted service) or make any order provide for by that rule.

    Compare: SR 1992/109 r 461Z

Conferences

7.30 Power of Judge to call conference
  • 7.30.1 For the purpose of ensuring that every application under the Act may be determined in a just, expeditious, and economical manner, a Judge may at any time, either on application by either party or their solicitors or counsel or without an application by any of them, on any terms the Judge thinks fit, direct the holding of a conference of—

    • (a) parties; or

    • (b) the solicitors or counsel representing the parties.

    7.30.2 The Judge must preside over the conference and may adjourn the conference from time to time and from place to place.

    7.30.3 The solicitor or counsel representing any party may attend either in the place of the party or with the party, if the conference is held under rule 7.30.1(a).

    7.30.4 Any party who is not represented by a solicitor or counsel may attend the conference, if the conference is held under rule 7.30.1(b).

    Compare: SR 1992/109 r 461ZC

7.31 Orders and directions
  • 7.31.1 At any conference held under rule 7.30, the Judge presiding may make any orders and give any directions as appear best adapted—

    • (a) to ensure that the object of the Act (as set out in section 6) is attained; and

    • (b) to secure the just, expeditious, and economical disposal of the application under the Act.

    7.31.2 Rule 7.31.1 includes (without limitation) the power to—

    • (a) settle the issues to be determined:

    • (b) direct by whom and within what time any affidavit or other document must be filed:

    • (c) require any party to make admissions in respect of questions of fact, and, if that party refuses or fails to make an admission in respect of any question of fact, require that party (subject to the direction of the Judge hearing the application) to bear the costs of proving that question at the hearing:

    • (d) shorten, extend, or fix a time for the filing of any document or the doing of any other thing:

    • (e) require further or better particulars of any facts or other circumstances connected with the application:

    • (f) fix a time and place for the hearing of the proceeding:

    • (g) give any consequential directions that may be necessary.

    7.31.3 The court may do the following if a party fails to comply with an order or a direction given or made under this rule:

    • (a) if the party failing to comply with the order or direction is the applicant, order the proceeding to be dismissed or stayed until the order is complied with:

    • (b) if the party failing to comply with the order or direction is not the applicant, order that the party be allowed to defend or to appear at the hearing only on any terms the court considers appropriate:

    • (c) take the failure into account in exercising the court's power to make an order as to costs.

    7.31.4 Rule 7.31.3 does not limit any other power the court may exercise where a party fails to comply with an order or direction.

    Compare: SR 1992/109 r 461ZD

Amendments

7.32 Amendment before service
  • 7.32.1 The Registrar may, on the written request of the applicant at any time before the service of an application, amend the application filed in the court.

    7.32.2 The Registrar may, on the written request of the respondent, or any associated respondent, at any time before service of a notice of defence or a notice of opposition, amend the notice filed in court.

    Compare: SR 1992/109 r 461ZE

Transfer of proceeding or hearing

7.33 Transfer of proceeding
  • A court or Registrar may order that a proceeding in that court be transferred to another court if the court or, as the case requires, the Registrar is satisfied that the proceeding can be more conveniently or fairly dealt with in that other court.

    Compare: SR 1992/109 r 461ZF

7.34 Transfer of hearing
  • A court or Registrar may order that the hearing of an application filed in that court be transferred to another court if the court or, as the case requires, the Registrar is satisfied that the application can be more conveniently or fairly heard in that other court.

    Compare: SR 1992/109 r 461ZG

7.35 Transfer with or without application
  • 7.35.1 A court or Registrar may order a transfer under rule 7.33 or rule 7.34

    • (a) on the court's or, as the case requires, the Registrar's own initiative; or

    • (b) on the application of a party on not less than 3 working days' notice.

    7.35.2 The applicant may ask the court to review a decision of the Registrar to decline an application to transfer a proceeding or hearing, and in that case the court may make any decision on the application that it thinks fit.

    7.35.3 If an order is made for transfer of a proceeding or hearing,—

    • (a) the order must be endorsed on the application; and

    • (b) the Registrar must cause notice of the transfer to be given to all parties.

    Compare: SR 1992/109 r 461ZH

7.36 Procedure on transfer of proceeding
  • 7.36.1 If an order is made under rule 7.33 for the transfer of a proceeding,—

    • (a) the Registrar of the court in which the order is made must send to the Registrar of the other court all the documents in his or her custody relating to the proceeding; and

    • (b) the Registrar of the court to which the proceeding is transferred must enter the proceeding in the records of that court.

    7.36.2 On transfer, the proceeding continues as if it had been originally filed in the court to which it has been transferred.

    7.36.3 This rule applies with any necessary modifications to the transfer of a proceeding to the High Court under section 43 of the District Courts Act 1947.

    Compare: SR 1992/109 r 461ZI

7.37 Procedure on transfer of hearing
  • 7.37.1 If an order is made under rule 7.34 for the transfer of a hearing,—

    • (a) the Registrar of the court in which the application is pending must—

      • (i) send to the Registrar of the other court all the documents in his or her custody relating to the proceeding; and

      • (ii) note the records of the court accordingly; and

    • (b) the Registrar of the court in which the proceeding is to be heard must make an appropriate entry in the records of the court.

    7.37.2 For the purposes of the hearing, the application must be dealt with as if it had been filed in the court of hearing.

    7.37.3 When the hearing is concluded,—

    • (a) the Registrar of the court of hearing must return all the documents relating to the proceeding, including every order that has been made in that proceeding, to the Registrar of the court from which the documents were sent; and

    • (b) the Registrar to whom the documents are returned must record every order made in the proceeding in the records of the court.

    Compare: SR 1992/109 r 461ZJ

Form of restraining order

7.38 Form of restraining order

Availability of records for criminal proceedings

7.39 Transfer of information to criminal court
  • 7.39.1 In this rule, harassment offence means an offence against—

    • (b) any other enactment in any case if the offence—

      • (i) is committed by a person against whom a restraining order is in force, or in respect of whom a proceeding on an application for a restraining order is pending, at the time the offence is committed; and

      • (ii) is committed against a person for whose protection the restraining order was made or has been applied for, as the case may be; and

      • (iii) consists of or includes a specified act within the meaning of section 4 of the Act.

    7.39.2 This rule applies if, in the course of a criminal proceeding in respect of an harassment offence, there is reason to believe that—

    • (a) the defendant in that criminal proceeding is or has been a respondent or an associated respondent to a proceeding (the civil proceeding) under the Act for a restraining order; and

    • (b) information relating to the civil proceeding may be relevant to the criminal proceeding, including (without limitation) for the purposes of assisting with the preparation of a probation officer's report under section 26 of the Sentencing Act 2002.

    7.39.3 When this rule applies, the court dealing with the criminal proceeding, or a Registrar of that court, may request the Registrar of the court in which the civil proceeding was brought to supply either or both of the following:

    • (a) information about the current status of the civil proceeding:

    • (b) a copy of any order made in the civil proceeding.

    7.39.4 A Registrar to whom a request is made under rule 7.39.3 must, without delay, provide to the requesting court or Registrar as much of the information requested as the requested Registrar has available to him or her.

    Compare: SR 1992/109 r 461ZL

Interlocutory applications

7.40 Interlocutory applications
  • The High Court Rules listed in rule 3.52 apply with the necessary modifications to interlocutory applications made in proceedings under the Act.

    Compare: SR 1992/109 r 461ZA

7.41 Applications for extending time used as delaying tactic
  • No order extending time may be made under rule 1.18 if it appears to the court or the Registrar, as the case may be, that the application for the order is made with the principal object of delaying the proceeding to the detriment of the other party.

    Compare: SR 1992/109 r 461ZB

Part 8
Proceedings under subpart 6 of Part 8 of Local Government Act 2002

8.1 Application of this Part
  • This Part applies to proceedings under subpart 6 of Part 8 of the Local Government Act 2002.

8.2 Interpretation
  • In this Part, unless the context otherwise requires, Act means the Local Government Act 2002.

8.3 Application of rules in other Parts
  • 8.3.1 The following rules do not apply to proceedings under subpart 6 of Part 8 of the Act:

    • (a) the following provisions of these rules:

      • (i) rule 1.7 (mediation and other alternative dispute resolution):

    • (b) the following High Court Rules:

      • (i) HCR 5.21 (further particulars):

      • (ii) HCR 5.70 and 5.71 (service):

      • (iii) HCR 7.53 (application for injunction):

      • (iv) HCR 8.1 to 8.42 (interrogatories, notice to admit facts, discovery):

      • (v) HCR 9.34 and 9.35 (inspection and testing):

      • (vi) HCR 10.1 (venue and changing it):

      • (vii) HCR 11.6 (form of judgment):

      • (viii) HCR 11.11 (judgments to be sealed, dated, and served):

      • (ix) HCR Part 12 (summary judgment).

    8.3.2 Unless excluded by rule 8.3.1, the provisions of a rule in another Part apply to proceedings under subpart 6 of Part 8 of the Act so far as they are applicable and with the necessary modifications.

    8.3.3 For the purpose of applying a rule in accordance with rule 8.3.2, pleading includes an application for a removal order and a notice of objection.

    Compare: SR 1992/109 r 461ZO

Removal orders

8.4 Starting proceeding
  • 8.4.1 A proceeding is started by filing an application for a removal order under section 215 of the Act in the court that is nearest to the property to which the application relates.

    8.4.2 The proper heading of an application is form 1.

    Compare: SR 1992/109 r 461ZP

8.5 Application for removal order
  • 8.5.1 An application for a removal order must be in form 27.

    8.5.2 The application must state whether the applicant seeks—

    • (a) removal or alteration of all or part of the fence, vegetation, or structure:

    • (b) a consequential order, including an order that entry be made onto any portion of land adjoining the property to which the application relates:

    • (c) directions as to service under clause 2 of Schedule 14 of the Act.

    8.5.3 An application for the alteration of all or part of the fence, structure, or vegetation—

    • (a) must state the nature of that alteration; and

    • (b) may have a drawing or plan of the alteration attached to it.

    8.5.4 An affidavit made by or on behalf of the applicant, setting out the matters on which the application is based, must be filed with every application for a removal order.

    8.5.5 The affidavit must contain sufficient information to inform the court of—

    • (a) the grounds on which the application is based; and

    • (b) the facts relied on in support of the application; and

    • (c) the reasons for seeking the removal of all or part of a fence, a structure, or vegetation (if applicable); and

    • (d) the reasons for seeking the alteration of all or part of a fence, a structure, or vegetation (if applicable); and

    • (e) the reasons why entry onto a portion of land adjoining the property is necessary to enforce a removal or alteration (if applicable).

    Compare: SR 1992/109 r 461ZQ

8.6 Procedure on applications for removal order
  • 8.6.1 The Registrar must fix a date and time for a hearing if an appearance is necessary or required for an application for a removal order, and must inform the applicant accordingly.

    8.6.2 The Registrar must immediately inform the applicant of the terms of any order made on an application for which no appearance is necessary or required.

    Compare: SR 1992/109 r 461ZR

8.7 Removal orders
8.8 Service of removal order on respondent
  • 8.8.1 After a removal order is made, the respondent must, without delay, be served with a copy of—

    • (a) the removal order; and

    • (b) the application for the order; and

    • (c) a copy of each affidavit filed in support of the application.

    8.8.2 Despite rule 8.8.1, a Judge or Registrar may direct that the removal order is to be served on the respondent without 1 or more of the copies required by rule 8.8.1(b) and (c), but in that case must direct that the respondent be given opportunity to collect the documents not served on the respondent from a specified place.

    8.8.3 Rule 8.8.1 is subject to any direction given by the court under clause 2 of Schedule 14 of the Act.

    Compare: SR 1992/109 r 461ZT

8.9 Service of removal order on other parties
  • 8.9.1 After a removal order is made, all persons (other than the respondent) entitled to object under section 217(1) of the Act must, without delay, be served with a copy of—

    • (a) the removal order; and

    8.9.2 A copy of the application for the order and the affidavit or affidavits filed in support of the application need not be served on a person to whom rule 8.9.1 applies, but the Registrar must, on request, make copies of those documents available to that person.

    8.9.3 Rule 8.9.1 is subject to any direction given by the court under clause 2 of Schedule 14 of the Act.

    Compare: SR 1992/109 r 461ZU

8.10 Mode of service of removal order
  • 8.10.1 A removal order must be served personally unless rule 8.10.2 or 8.10.3 applies.

    8.10.2 A removal order may be served on a respondent who is the occupier of the property to which the order relates by leaving a copy of the order in a prominent position at the property.

    8.10.3 If for any sufficient reason a removal order cannot be served in the manner specified by this rule, the court or a Registrar may give any direction provided for by rule 3.43 (substituted service) or make any order provided for by that rule.

    8.10.4 This rule is subject to any direction given by the court under clause 2 of Schedule 14 of the Act as to the manner in which service is to be effected on a specified party.

    8.10.5 This rule does not apply to service of an order that confirms, varies, or discharges the removal order following the making of an objection.

    Compare: 1992/109 r 461ZV

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

8.12 Manner in which notice of objection to be dealt with
  • 8.12.1 The Registrar must, if an oral hearing is to be held under clause 7 of Schedule 14 of the Act, notify every person who has been served with a copy of the removal order that he or she is entitled to—

    • (a) appear at the hearing, either in person or by his or her solicitor or counsel; or

    • (b) make submissions in writing in relation to the objection.

    8.12.2 The Registrar must, if the court has determined to decide an objection made by a person described in clause 3(a)(iii) to (v) of Schedule 14 of the Act without an oral hearing, notify the applicant and every other person entitled to object under section 217(1) of the Act that he or she may make written submissions in relation to the objection.

    8.12.3 A written submission made in response to a notice given under rule 8.12.1(b) or 8.12.2 must be lodged with the court within 5 working days after the date on which the Registrar notifies the objector under either of those provisions, or within any longer period that the court may specify in the notice.

    8.12.4 The Registrar must ensure that a copy of the objection accompanies a notice given under rule 8.12.1 or 8.12.2 if a copy of the objection has not previously been served on the person to whom the notice is given.

    8.12.5 A Registrar may exercise the powers of the court under—

    • (a) clause 7(3) of Schedule 14 of the Act (to determine if objections by persons other than the respondent or the owner are to be decided with or without an oral hearing); and

    • (b) clause 7(4) of Schedule 14 of the Act (to decide whether hearings are to be heard together).

    Compare: SR 1992/109 r 461ZX

Interlocutory applications

8.13 Interlocutory applications
  • The High Court Rules listed in rule 3.52 apply with the necessary modifications to interlocutory applications made in proceedings under subpart 6 of Part 8 of the Act.

    Compare: SR 1992/109 r 461ZY

8.14 Applications for extending time used as delaying tactic
  • No order extending time may be made under rule 1.18 if it appears to the court or the Registrar, as the case may be, that there is no genuine reason or excuse for the application.

    Compare: SR 1992/109 r 461ZZ

Entry of land to enforce removal orders

8.15 Notice where land entered to enforce removal order
  • 8.15.1 The notice of entry required to be given under section 221(1)(d) of the Act by an applicant to the relevant owner and occupier,—

    • (a) following entry of the property to which the order relates, must be in form 31:

    • (b) following entry of a property adjoining the property to which the order relates, must be in form 32.

    8.15.2 A notice referred to in rule 8.15.1 may be served—

    • (a) on the occupier by leaving the notice in a prominent position on the property that was entered:

    • (b) by posting the notice to the owner’s address, if the owner is not the occupier.

    Compare: SR 1992/109 r 461ZZA

Part 9
Proceedings under Construction Contracts Act 2002

General

9.1 Application of this Part
  • This Part applies to—

    • (a) an application for review; and

    • (b) an application for an adjudicator’s determination to be enforced.

    Compare: SR 1992/109 r 461ZZC

9.2 Interpretation
  • In this Part, unless the context otherwise requires,—

    application for an adjudicator’s determination to be enforced

    • (a) means an application for an adjudicator’s determination to be enforced by entry as a judgment in accordance with subpart 2 of Part 4 of the Act; and

    • (b) if the adjudicator has recorded in the adjudicator’s determination his or her approval for the issue of a charging order in respect of a construction site, includes an application, under section 76(2)(a) of the Act, for the issue of that charging order

    application for review means an application made by an owner who is not a respondent under section 52 of the Act for a review of—

    • (a) an adjudicator’s determination that the owner is jointly and severally liable with the respondent to make a payment to the claimant; and

    • (b) an adjudicator’s approval for the issue of a charging order in respect of the construction site

    party to the relevant adjudication proceedings

    • (a) means the claimant or the respondent in those proceedings; and

    • (b) if the context requires, includes the owner of the construction site who was not a respondent in, but was a party to, those proceedings

    relevant adjudication proceedings means the adjudication proceedings that relate to—

    • (a) an application for review; or

    • (b) an application for an adjudicator’s determination to be enforced.

    Compare: SR 1992/109 r 461ZZB

9.3 Application of other rules and practice of court
  • The other Parts of these rules, the District Courts Act 1947, and the general practice of the court (including the procedure and practice in chambers) apply if this Part applies except in so far as they are modified by, or inconsistent with, the Act or this Part.

    Compare: SR 1992/109 r 461ZZD

Review of adjudicator’s determination in respect of owner who is not respondent

9.4 Form of application for review
  • An application for review must be made by filing a notice in form 4 of Schedule 1 of the Regulations within the time set out in section 53(2) of the Act.

    Compare: SR 1992/109 r 461ZZE

9.5 Where to file application for review
  • An application for review must be filed in the court nearest to the place at which the relevant adjudication proceedings were held.

    Compare: SR 1992/109 r 461ZZF

9.6 Procedure after filing of application for review
  • 9.6.1 After an application for review is filed,—

    • (a) the Registrar must—

      • (i) enter the application in the records of the court; and

      • (ii) refer the application to a Judge without delay; and

      • (iii) endorse on the copy of the application to be served by the applicant under paragraph (b) the date and time that has been fixed for the hearing; and

    • (b) the applicant must serve a copy of the application that is endorsed with the date and time fixed for the hearing, and of any accompanying documents, on—

      • (i) the respondent; and

      • (ii) any other party to the relevant adjudication proceedings.

    9.6.2 It is not necessary to serve a copy of the application for review on the adjudicator whose determination is the subject of the application, unless the court otherwise directs.

    Compare: SR 1992/109 r 461ZZG

9.7 Notice of opposition to application for review
  • 9.7.1 If a party to the relevant adjudication proceedings intends to oppose the application for review, that party must, within 15 working days after being served with the application,—

    • (a) file in the court a notice of opposition; and

    • (b) serve a copy of the notice and of any accompanying documents on—

      • (i) the applicant; and

      • (ii) any other party to the relevant adjudication proceedings.

    9.7.2 The notice must state—

    • (a) the party’s intention to oppose the application; and

    • (b) the grounds of opposition.

    9.7.3 It is not necessary to serve a copy of the notice on the adjudicator whose determination is the subject of the application, unless the court otherwise directs.

    Compare: SR 1992/109 r 461ZZH

9.8 Adjudicator to forward documents relating to adjudication proceedings on request
  • An adjudicator whose determination is the subject of an application for review must, on the request of the Registrar, forward to the court all documents in his or her custody relating to the determination within 5 working days after receiving the request.

    Compare: SR 1992/109 r 461ZZI

Enforcement of adjudicator’s determination

9.9 Application for adjudicator’s determination to be enforced
  • 9.9.1 An application for an adjudicator’s determination to be enforced must—

    • (b) be accompanied by a copy of the adjudicator’s determination that is sought to be enforced.

    9.9.2 The application must be filed in the court nearest to the place at which the relevant adjudication proceedings were held.

    Compare: SR 1992/109 r 461ZZJ

9.10 Service
  • Either before or immediately after the filing of an application for an adjudicator’s determination to be enforced, the plaintiff must serve a copy of the application and of any accompanying documents on—

    • (a) the defendant; and

    • (b) any other party to the relevant adjudication proceedings.

    Compare: SR 1992/109 r 461ZZK

9.11 Opposition to application for adjudicator’s determination to be enforced
  • 9.11.1 A defendant who wishes to oppose the application for an adjudicator’s determination to be enforced must, within 15 working days after the date on which a copy of the application is served on the defendant,—

    • (a) file an application in the court seeking an order that enforcement of the adjudicator’s determination be refused; and

    • (b) serve a copy of the application and of any accompanying documents on—

      • (i) the plaintiff; and

      • (ii) any other party to the relevant adjudication proceedings.

    9.11.2 The application must be in form 34.

    Compare: SR 1992/109 r 461ZZL

Part 9A
Search warrants issued under Financial Markets Authority Act 2011

[Revoked]

  • Part 9A: revoked, on 1 October 2012, by rule 4 of the District Courts (Financial Markets Authority Form of Search Warrant) Amendment Rules 2012 (SR 2012/234).

9A.1 Form of search warrant
  • [Revoked]

    Rule 9A.1: revoked, on 1 October 2012, by rule 4 of the District Courts (Financial Markets Authority Form of Search Warrant) Amendment Rules 2012 (SR 2012/234).

Part 10
Proceedings in admiralty

10.1 Application of this Part
  • This Part applies to proceedings in any District Court in its admiralty jurisdiction.

    Compare: SR 1992/109 r 461ZZM

10.2 Interpretation
  • In this Part, unless the context otherwise requires,—

    Act means the Admiralty Act 1973

    Registrar means the Registrar of a District Court; and includes a Deputy Registrar.

    Compare: SR 1992/109 r 461ZZN

10.3 Application of other rules and practice of court
  • The other Parts of these rules, the District Courts Act 1947, and the general practice of the court (including the procedure and practice in chambers) apply if this Part applies except in so far as they are modified by, or inconsistent with, the Act or this Part.

    Compare: SR 1992/109 r 461ZZO

10.4 Preliminary acts to be filed in collision cases
  • In an action arising out of a collision between ships, unless the court otherwise orders on the application of any intended party to the proceedings,—

    • (a) the plaintiff must file a preliminary act when filing the statement of claim and the notice of proceeding:

    • (b) the defendant must file a preliminary act when filing the statement of defence.

    Compare: SR 1992/109 r 461ZZP(1)

10.5 Meaning of preliminary act
  • A preliminary act is a document containing a statement of the following particulars:

    • (a) the names of the ships that came into collision and their ports of registry:

    • (b) particulars (referring to the period immediately before the collision) of the person in command, the persons on the bridge, and the persons keeping a lookout on the plaintiff’s ship (if the plaintiff is filing a preliminary act) and on the defendant’s ship (if the defendant is filing a preliminary act):

    • (c) the date and time of the collision:

    • (d) the place of the collision:

    • (e) the direction and force of the wind:

    • (f) the state of the weather, including visibility:

    • (g) the state, direction, and force of the tidal or other current:

    • (h) the ship’s course and speed through the water when the other ship was first seen or immediately before any measures were taken in connection with its presence, whichever was the earlier:

    • (i) the lights (if any) carried by the ship:

    • (j) the distance and bearing of the other ship if and when its echo was first observed by radar:

    • (k) the distance, bearing, and approximate heading of the other ship when first seen:

    • (l) the other ship’s light or combination of lights (if any) when first seen:

    • (m) the other lights or combination of lights (if any) of the other ship that were subsequently seen before the collision, and the time of the sighting:

    • (n) the alterations (if any) made to the ship’s course and speed after the earlier of the 2 times referred to in paragraph (h) up to the time of the collision, and the times of those alterations, and the measures (if any), other than alterations of course or speed, taken to avoid the collision, and the times of those measures:

    • (o) the parts of each ship that first came into contact and the approximate angle between the 2 ships at the moment of contact:

    • (p) the sound signals or other signals (if any) given, and the times of those sound signals or other signals:

    • (q) the sound signals or other signals (if any) heard or seen from the other ship, and the times of hearing or seeing those sound signals or other signals.

    Compare: SR 1992/109 r 461ZZP(2)

10.6 Notice of filing of preliminary act to be served on other parties
  • A party filing a preliminary act must, within 3 working days of filing, serve notice of the filing on every other party.

    Compare: SR 1992/109 r 461ZZP(3)

10.7 Registrar to seal and file preliminary acts
  • 10.7.1 The Registrar must seal every preliminary act and file it in a closed envelope (which must be sealed with the official stamp of the court and show the date of filing), and, unless the court otherwise orders, the envelope must not be opened until a date has been fixed for a hearing and a consent to the opening of the preliminary acts is filed.

    10.7.2 The consent must be signed by each of the parties who has filed a preliminary act.

    Compare: SR 1992/109 r 461ZZQ

10.8 Failure to lodge preliminary act
  • 10.8.1 This rule applies if, in any proceeding referred to in rule 10.4, a defendant fails within the prescribed period to lodge a preliminary act and the plaintiff has lodged a preliminary act.

    10.8.2 When this rule applies, rules 12.23 to 12.35 (judgment by default) apply as if the defendant’s failure to lodge a preliminary act within that period were a failure to file and serve a statement of defence within the period fixed by or under these rules for doing those things.

    Compare: SR 1992/209 r 461ZZR

10.9 Actions for limitation of liability
  • 10.9.1 If, in any proceeding in the admiralty jurisdiction of the court, a party seeks relief under Part 7 of the Maritime Transport Act 1994, that relief must be sought in the High Court under subpart 4 of HCR Part 25 (HCR 25.25 to 25.28).

    10.9.2 The court may—

    • (a) proceed to a hearing on liability; or

    • (b) stay the proceeding pending the outcome of the proceeding in the High Court; or

    • (c) order that the proceeding be transferred to the High Court.

    10.9.3 Any order for the transfer of a proceeding to the High Court may be made subject to any conditions that the court thinks fit requiring that the defendant give security for the costs of the proceeding in the High Court.

    Compare: SR 1992/209 r 461ZZS

10.10 Inspection of ship or other property
  • 10.10.1 The court may, on the application of any party, make an order for the inspection by a court expert, or by any party or witness, of any ship or other property, whether real or personal, if the inspection is necessary or desirable for the purpose of obtaining full information or evidence in connection with any issue in the proceeding.

    10.10.2 Nothing in rule 10.10.1 limits the court's powers under the District Courts Act 1947 or these rules.

    Compare: SR 1992/109 r 461ZZT

Part 11
Entry of award as judgment under article 35 of Schedule 1 of Arbitration Act 1996

11.1 Interpretation
  • In this Part, unless the context otherwise requires,—

    Act means the Arbitration Act 1996

    arbitral tribunal has the same meaning as in section 2(1) of the Act

    Schedule 1 means Schedule 1 of the Act.

    Compare: HCR 26.1

11.2 Entry of judgment where all parties agree
  • 11.2.1 All parties to an award who agree that it may be entered as a judgment may apply to a Registrar by letter signed by all parties or their solicitor or counsel requesting the entry of the award as a judgment.

    11.2.2 The Registrar must enter the award as a judgment as soon as practicable—

    • (a) if he or she is satisfied that all parties have agreed; and

    • (b) if he or she is satisfied with respect to the matters set out in article 35(2) of Schedule 1.

    Compare: HCR 26.20

11.3 Entry of judgment in other cases
  • 11.3.1 If rule 11.2 does not apply, a party to an award who wishes to enforce it may—

    • (a) enforce it by action; or

    • (b) apply to the court for entry of the award as a judgment.

    11.3.2 A party electing the method set out in rule 11.3.1(a) starts a proceeding by filing a statement of claim under rule 2.9.

    11.3.3 A party electing the method set out in rule 11.3.1(b) must follow the procedure set out in rules 11.4 to 11.9.

    Compare: HCR 26.21

11.4 Application for entry of award as judgment
  • 11.4.1 The party to the award must file an originating application in the proper court, as determined in accordance with rule 3.1.

    11.4.2 The originating application—

    • (b) must not name the arbitral tribunal as a defendant.

    11.4.3 HCR 5.44 applies to the originating application.

    Compare: HCR 26.22

11.5 Affidavit to be filed in support
  • At the same time as the originating application is filed, the plaintiff must file an affidavit proving the matters set out in article 35(2) of Schedule 1.

    Compare: HCR 26.23

11.6 Service
  • 11.6.1 The plaintiff must serve copies of both the originating application and the affidavit on the defendant either before or immediately after filing the originating application.

    11.6.2 Rule 11.6.1 does not apply if the plaintiff obtains an order under rule 11.7.

    Compare: HCR 26.24

11.7 Entry as judgment without notice in exceptional circumstances
  • 11.7.1 In exceptional circumstances, the plaintiff may, on or after the filing of the originating application, file an application without notice for an order that the award be entered as a judgment.

    11.7.2 The application must be supported by an affidavit that sets out the exceptional circumstances that justify the order sought.

    11.7.3 The court may determine the application without notice and make the order sought if satisfied that the order is required in the interests of justice.

    11.7.4 If the court makes the order sought, the court may also direct that the award not be enforced before the order has been served on the defendant and a period specified by the court has expired after that service.

    Compare: HCR 26.25

11.8 Entry as judgment if defendant takes no steps
  • 11.8.1 The Registrar must enter the award as a judgment as soon as practicable if—

    • (a) the defendant has failed to file and serve an application in accordance with rule 11.9 within the time specified in rule 11.8.2; and

    • (b) the plaintiff makes an application for the entry.

    11.8.2 The time is whichever of the following applies:

    • (a) 15 working days after the plaintiff’s application is served on the defendant; or

    • (b) a period fixed by the court of less than 15 working days after the order fixing that period is served on the defendant.

    11.8.3 An application to the Registrar under rule 11.8.1(b)—

    • (a) is made by letter signed by the plaintiff or his or her solicitor or counsel requesting the entry of the award as a judgment; and

    • (b) need not be served on the defendant.

    11.8.4 An application for an order under rule 11.8.2(b) may be made without notice.

    11.8.5 An order under rule 11.8.2(b) does not take effect unless it is served on the defendant together with the documents referred to in rule 11.6.1.

    11.8.6 Rule 11.8.5 applies even if the originating application to which the order relates has already been served on the defendant, and in that case the previous service of the application ceases to have effect when the order is made.

    Compare: HCR 26.26

11.9 Opposition to entry as judgment
  • 11.9.1 This rule applies if a defendant wishes to oppose the originating application.

    11.9.2 The plaintiff’s application is stayed pending the determination of an application under this rule.

    11.9.3 The defendant must file and serve an application seeking an order for refusal of recognition and enforcement in terms of article 36 of Schedule 1.

    11.9.4 The application referred to in rule 11.9.3 must be—

    • (a) filed and served within the time specified in rule 11.8.2; and

    • (b) treated as if it were an originating application under Part 6; and

    • (c) disposed of in accordance with Part 6; and

    • (d) determined at the same time as the plaintiff’s application to enforce the award by entry as a judgment.

    11.9.5 To avoid doubt, an application under this rule is concerned with the recognition or enforcement of an award and not with any question of law arising out of the award that may be determined by the High Court or Court of Appeal under clause 5 of Schedule 2 of the Act.

    Compare: HCR 26.27

Part 12
Disposal of proceedings

Evidence at trial

12.1 How evidence to be given
  • 12.1.1 HCR 9.51—evidence to be given orally.

    12.1.2 HCR 9.54—evidence of person in custody.

    12.1.3 HCR 9.56—affidavit evidence under order of court.

    12.1.4 HCR 9.57—agreed statement of facts.

    Compare: SR 1992/109 rr 495–500

12.2 Witness summons
  • 12.2.1 A party to a proceeding must make a request to the Registrar if the party wants a person summoned as a witness to—

    • (a) give oral evidence at the trial; or

    • (b) produce at the trial any document in his or her possession or control.

    12.2.2 On receiving a request under rule 12.2.1, the Registrar must issue a witness summons in form 36 and a copy of it.

    12.2.3 The summons must be served on the witness personally at a reasonable time before the day fixed for the hearing.

    12.2.4 The sum payable for allowances and travelling expenses, but not fees, under the Witnesses and Interpreters Fees Regulations 1974 must be paid or tendered to the witness at the time the summons is served.

    Compare: SR 1992/109 r 496

12.3 Affidavit evidence by agreement
  • 12.3.1 In any proceeding the parties may file an agreement signed by the parties that the evidence, or any part of the evidence, will be given by affidavit.

    12.3.2 Despite any agreement filed under rule 12.3.1, the court may direct that evidence of any disputed fact or issue be given in accordance with HCR 9.51.

    Compare: SR 1992/109 r 498

Evidence in trans-Tasman proceedings

12.4 Evidence in trans-Tasman proceedings
  • 12.4.1 HCR 9.58—interpretation.

    12.4.2 HCR 9.59(1), (2)—issue of subpoenas for service in Australia. An order for a subpoena may be obtained in the same manner and subject to the same conditions as a witness summons under rule 12.2 of these rules.

    12.4.2A HCR 9.60—leave to serve New Zealand subpoena on witness in Australia.

    12.4.3 HCR 9.61—service of subpoena on witness in Australia.

    12.4.3A HCR 9.62—application to set aside New Zealand subpoena.

    12.4.3B HCR 9.63—service of documents on applicant.

    12.4.3C HCR 9.64—hearing of application.

    12.4.4 HCR 9.65—failure to comply with subpoena.

    12.4.5 HCR 9.67—evidence and submissions by remote appearance medium from Australia.

    12.4.6 Leave to issue a subpoena for service in Australia must be obtained from the relevant court as defined in section 150 of the Evidence Act 2006 (section 154 of the Evidence Act 2006 and HCR 9.60).

    Compare: SR 1992/109 rr 500A–500E

    Rule 12.4.2A: inserted, on 11 October 2013, by rule 8(1) of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

    Rule 12.4.3A: inserted, on 11 October 2013, by rule 8(2) of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

    Rule 12.4.3B: inserted, on 11 October 2013, by rule 8(2) of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

    Rule 12.4.3C: inserted, on 11 October 2013, by rule 8(2) of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

    Rule 12.4.5: amended, on 11 October 2013, by rule 8(3) of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

    Rule 12.4.6: amended, on 11 October 2013, by rule 8(4) of the District Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/352).

Procedure for giving evidence by affidavit

12.5 Procedure
  • 12.5.1 HCR 9.68—application.

    12.5.2 HCR 9.69—time for filing plaintiff’s affidavits. The reference to HCR 9.55 is to be read as a reference to rule 12.3 of these rules.

    12.5.3 HCR 9.70—time for filing defendant’s affidavits.

    12.5.4 HCR 9.71—time for filing affidavits in reply.

    12.5.5 HCR 9.72—use of affidavits.

    12.5.6 HCR 9.74—cross-examination of person who has sworn affidavit.

    12.5.7 HCR 9.75—person refusing to make affidavit.

    12.5.8 Rules about the form, content, and swearing of affidavits are in rules 3.70 and 3.71 of these rules.

    Compare: SR 1992/109 rr 501–507

Venue, adjournments, and appearances

12.6 Hearing
  • 12.6.1 HCR 10.1—venue and changing it. Disregard the references to the specified places.

    12.6.2 HCR 10.6—when neither party appears.

    12.6.3 HCR 10.7—when only plaintiff appears.

    12.6.4 HCR 10.8—when only defendant appears.

    12.6.5 HCR 10.9—judgment following non-appearance may be set aside.

    12.6.6 HCR 10.10—when both parties appear.

    Compare: SR 1992/109 rr 483–489

12.7 Adjournment
  • The hearing of an application may, from time to time, be adjourned on any terms that the court or a Registrar thinks just.

    Compare: SR 1992/109 r 284

General rules about judgments

12.8 Judgment
  • 12.8.1 HCR 11.1—interpretation.

    12.8.2 HCR 11.2—types of judgment

    12.8.3 HCR 11.3—how judgment given.

    12.8.4 HCR 11.4—time judgment given.

    12.8.5 HCR 11.5—delivery time of written judgment.

    12.8.6 HCR 11.6—form of judgment.

    12.8.7 HCR 11.7—duplicate judgments.

    12.8.8 HCR 11.9—recalling judgment.

    12.8.9 HCR 11.11—judgments to be sealed, dated, and served.

    12.8.10 HCR 11.12—when judgment takes effect.

    12.8.11 HCR 11.13(1)—steps before judgment sealed.

    12.8.12 HCR 11.14—Registrar's role on receipt of judgment.

    12.8.13 HCR 11.20—conduct of proceeding after judgment.

    12.8.14 HCR 11.21—applying for dismissal because of inactivity.

    12.8.15 HCR 11.22—judgment directing sale of property.

    12.8.16 HCR 11.23—judgment for balance of claim over counterclaim.

    12.8.17 HCR 11.24—judgment for balance of counterclaim.

    12.8.18 HCR 11.25—cross judgments.

    12.8.19 HCR 11.26—judgment if third party defends.

    12.8.20 HCR 11.28—satisfaction of judgment.

    Compare: SR 1992/109 rr 522–533, 540

12.9 Time for doing any act must be stated
  • A judgment requiring any person to do an act, other than the payment of money or costs, must state the time within which the act must be done.

    Compare: SR 1992/109 r 534

12.10 Deed directed to be prepared
  • 12.10.1 A judgment directing the preparation and execution of any deed may state which party prepares the deed, at whose expense the deed is to be prepared, and to whom it must be submitted for approval.

    12.10.2 If the parties cannot agree on the form of the deed, the court may, on application by any party on notice, settle the deed itself.

    Compare: SR 1992/109 r 535

12.11 Certificate of judgment or order
  • 12.11.1 A party to any proceeding who requires a certificate of any judgment or order must state in writing whether it is required for the purposes of section 66 of the Act, or for evidential purposes.

    12.11.2 If a person applying for a certificate of judgment or order is not a party to the proceeding to which the judgment or order relates—

    • (a) that person must state in writing, with particulars, the purpose for which it is required, and the capacity in which the person is applying; and

    • (b) the Registrar may, if the Registrar thinks fit, grant the application, or refer it to the Judge.

    12.11.3 The certificate of judgment or order—

    • (a) must be in form 37, signed by the Registrar, and sealed with the seal of the court; and

    • (b) must have annexed to it a true copy of the judgment or order endorsed This is the judgment (or order) marked ‘A’ referred to in the annexed certificate given by me and the seal of the court at [place] on [date].

    12.11.4 The endorsement must be signed by the Registrar and sealed with the seal of the court.

    Compare: SR 1992/109 r 536

    Rule 12.11.1: amended, on 14 April 2014, by rule 6 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

12.12 Amount payable exceeds jurisdiction
  • A certificate issued under section 68 of the Act, in respect of which the amount payable under the judgment exceeds the jurisdiction of the court, must be filed with an affidavit that—

    • (a) verifies the amount due under the judgment; and

    • (b) states, if necessary, that the excess amount has been abandoned.

    Compare: SR 1992/109 r 537

12.13 Further proceedings after issue of certificate
  • 12.13.1 If a certificate of judgment or order is issued under rule 12.11 for the purposes of section 66 of the Act, no further proceedings may be had in the court from which the certificate is issued, unless the party taking out the certificate returns it to the Registrar or satisfies the Registrar that it has not been filed in the High Court or in another District Court.

    12.13.2 [Revoked]

    12.13.3 [Revoked]

    Compare: SR 1992/109 r 538

    Rule 12.13.1: amended, on 14 April 2014, by rule 7(1) of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

    Rule 12.13.2: revoked, on 14 April 2014, by rule 7(2) of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

    Rule 12.13.3: revoked, on 14 April 2014, by rule 7(2) of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

12.14 Death, etc, of Judge before judgment
  • 12.14.1 If a Judge who has signed a judgment or reasons for judgment dies or retires or becomes otherwise incapable before the judgment is given or the reasons are delivered, any other Judge or the Registrar may give the judgment or deliver those reasons.

    12.14.2 If rule 12.14.1 does not apply and a Judge dies or retires or otherwise becomes incapable of giving judgment, the proceeding or issue must be reheard.

    Compare: SR 1992/109 r 539

Retrial

12.15 Power to order retrial
  • 12.15.1 A retrial may be ordered only if, in the opinion of the court, there has been a miscarriage of justice that justifies a retrial.

    12.15.2 The court may order a retrial on any terms that the court thinks fit.

    12.15.3 The court may hold that there has been a miscarriage of justice that justifies a retrial if—

    • (a) the judgment has been obtained by any unfair or improper practice of the successful party to the prejudice of the opposite party; or

    • (b) material evidence has been discovered since the hearing that could not reasonably have been foreseen or known before the trial; or

    • (c) any witness has been guilty of such misconduct as to affect the result of the trial.

    12.15.4 Rule 12.15.3 does not limit the circumstances in which the court may hold that there has been a miscarriage of justice that justifies a retrial.

    12.15.5 If it appears to the court that the miscarriage of justice affects only part of the matter in dispute, the court may give final judgment on the part not affected and direct a retrial on the affected part only.

    12.15.6 Despite rule 12.15.5, the court must not direct a retrial on the affected part if—

    • (a) the amount of damages awarded in respect of it can be separately ascertained; and

    • (b) the plaintiff consents to reduce the whole sum awarded to him or her by that amount.

    12.15.7 A retrial may be ordered on any question in a proceeding, whatever the grounds on which a retrial is applied for, without interfering with the decision on any other question.

    12.15.8 If there is more than 1 defendant, a retrial may be ordered against any 1 or more of them.

    Compare: SR 1992/109 r 493

12.16 Application for retrial
  • 12.16.1 An application for a retrial must be made by interlocutory application filed within 15 working days after the date of delivery of judgment.

    12.16.2 The application must state the circumstances alleged to have resulted in a miscarriage of justice. No other circumstances will be considered by the court.

    12.16.3 The application does not operate as a stay of proceeding unless the court orders it.

    12.16.4 The court must not receive—

    • (a) any affidavit of any witness to explain or add to evidence given by the witness at the trial; or

    • (b) an affidavit of any facts that might have been given in evidence at the trial.

    12.16.5 Despite rule 12.16.4, the court may receive an affidavit from a material witness showing that he or she made a serious mistake in giving his or her testimony.

    Compare: SR 1992/109 r 494

Summary judgment procedure

[Revoked]

  • Heading: revoked, on 14 June 2012, by rule 23 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

12.17 Summary judgment
  • [Revoked]

    Rule 12.17: revoked, on 14 June 2012, by rule 23 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

Dismissal

12.18 Dismissal for want of prosecution
  • HCR 15.2—dismissal for want of prosecution.

    Compare: SR 1992/109 r 482

Judgment on admission

12.19 Judgment on admission
  • 12.19.1 HCR 15.15—judgment on admission of facts.

    12.19.2 HCR 15.16—admission of cause of action.

    12.19.3 HCR 15.17—admission of defence.

    Compare: SR 1992/109 rr 475–477

Discontinuance

12.20 Discontinuance
  • 12.20.1 HCR 15.18—interpretation.

    12.20.2 HCR 15.19—right to discontinue proceeding.

    12.20.3 HCR 15.21—effect of discontinuance.

    12.20.4 HCR 15.22—court may set discontinuance aside.

    12.20.5 HCR 15.23—costs.

    12.20.6 HCR 15.24—restriction on subsesquent proceedings.

    12.20.7 HCR 15.25—certain remedies not affected. References to the rules concerning third party notices and notices of claims against another defendant are to be read as references to rules 2.18 to 2.26 (third parties) or 2.30 to 2.34 (claims between defendants) of these rules (as the case requires) if the notice has been given under those rules.

    Compare: SR 1992/109 rr 478–480E

12.21 Restrictions on right to discontinue proceeding
  • 12.21.1 A plaintiff may discontinue a proceeding only with the leave of the court if a party to the proceeding has given an undertaking to the court.

    12.21.2 A plaintiff to whom an interim payment has been made, whether voluntarily or under an order made under rule 3.56.3 or 3.56.4, may discontinue the proceeding only with the written consent of the party who made the payment or with the leave of the court.

    12.21.3 A plaintiff may discontinue a proceeding in which there is more than 1 plaintiff only with the consent of every other plaintiff or with the leave of the court. If the plaintiff files a notice of discontinuance under rule 12.20.2, the consent of every other plaintiff must be in writing.

    12.21.4 If there is more than 1 defendant in a proceeding, a plaintiff may discontinue a proceeding against a particular defendant only with the consent of every other defendant or with the leave of the court. If the plaintiff files a notice of discontinuance under rule 12.20.2, the consent of every other defendant must be in writing.

    Compare: SR 1992/109 r 480

Judgment by default

12.22 Application of rules 12.23 to 12.35 and effect of filing appearance
12.23 Interpretation
  • In rules 12.24 to 12.35, unless the context otherwise requires, time allowed means—

    • (a) the number of days stated in a plaintiff's notice of claim in which the defendant must serve a response or the number of days stated in a plaintiff's information capsule in which the defendant must serve the defendant's information capsule, as the case may be:

    • (b) the number of days stated in a plaintiff's notice of proceeding in which the defendant must file a statement of defence.

12.24 Liquidated demand
  • 12.24.1 A plaintiff who claims relief by way of the payment of a liquidated demand in money may, if the defendant has not within the time allowed served a response or information capsule or filed a statement of defence, seal final judgment for—

    • (a) any sum not exceeding the sum claimed in the plaintiff’s notice of claim or statement of claim; and

    • (b) interest (if any) payable as of right, if such interest has been specifically claimed in the notice of claim or statement of claim, calculated up to the date of judgment; and

    • (c) costs and disbursements of an amount fixed by the Registrar.

    12.24.2 A plaintiff claiming costs and disbursements must—

    • (a) set out the amount claimed and how that amount is calculated, together with any submissions in support of the claim, in the form 6A filed by the plaintiff; or

    • (b) in any other case, file a memorandum setting out those matters.

    12.24.3 Registrars have the jurisdiction and powers of the court under these rules to fix costs and disbursements under rule 12.24.1(c).

    Compare: SR 1992/109 r 463

12.25 Land
  • 12.25.1 This rule applies if—

    • (a) a plaintiff claims relief by way of the recovery of land; and

    • (b) the defendant has not within the time allowed served a response or information capsule or filed a statement of defence, or the defendant's response or information capsule or statement of defence is limited to part only of the land claimed.

    12.25.2 When this rule applies, the plaintiff may seal judgment—

    • (a) that the person whose title is asserted in the plaintiff's notice of claim or information capsule or statement of claim recover possession of the land claimed or any part to which the defendant's response or information capsule or statement of defence does not apply; and

    • (b) for the costs of the proceeding up to the date of sealing judgment.

    Compare: SR 1992/109 r 464

12.26 Chattels
  • 12.26.1 This rule applies if—

    • (a) a plaintiff claims relief by way of the recovery of chattels; and

    • (b) the defendant has not within the time allowed served a response or information capsule or filed a statement of defence, or the defendant's response or information capsule or statement of defence is limited to part only of the chattels claimed.

    12.26.2 When this rule applies, the plaintiff may seal judgment—

    • (a) that the plaintiff recover possession of the chattels claimed, or any of them to which the defendant's response or information capsule or statement of defence does not apply, or the value of the chattels; and

    • (b) for the costs of the proceeding up to the date of sealing judgment.

    12.26.3 The plaintiff may have the proceeding tried for the purpose of assessing the value of any chattels if the possession of the chattels was claimed but not recovered.

    Compare: SR 1992/109 r 465

12.27 Hire purchase or conditional purchase agreement
  • 12.27.1 If the relief sought is the recovery of goods and money payable under a hire purchase or conditional purchase agreement, the court may—

    • (a) enter judgment for possession; and

    • (b) reserve leave to the plaintiff to apply on notice for any further relief to which the plaintiff may be entitled.

    12.27.2 An application for further relief under this rule may be heard and determined by any Judge, including the Judge who reserved leave.

    Compare: SR 1992/109 r 466

12.28 Unliquidated demand
  • If the relief claimed by the plaintiff is payment of an unliquidated demand in money and the defendant does not within the time allowed serve a response or information capsule or file a statement of defence, the proceeding must be tried for the purpose of assessing damages.

    Compare: SR 1992/109 r 467

12.29 Evidence relating to damages
  • 12.29.1 This rule applies at any hearing for assessment of damages under rule 12.26.3 or 12.28.

    12.29.2 No defendant may, except by leave of the court, adduce evidence, other than in mitigation of damages.

    12.29.3 A plaintiff must, unless the court directs otherwise, give by affidavit—

    • (a) evidence of those aspects of the defendant’s liability that are required to be shown; and

    • (b) evidence of the plaintiff’s damages.

    Compare: SR 1992/109 r 468

12.30 Other proceedings
  • 12.30.1 In all other proceedings in which a defendant has not within the time allowed served a response or information capsule or filed a statement of defence,—

    • (a) the plaintiff may, after giving notice to the defendant, apply for judgment against the defendant for any relief to which the plaintiff considers the plaintiff is entitled, and judgment may be given for the relief to which the plaintiff may be entitled on the facts set out in the notice of claim; or

    • (b) the plaintiff may set the case down for hearing and judgment may be given for the relief to which the plaintiff may be entitled.

    12.30.2 The court may, if it thinks fit in the interests of justice, dispense with the requirement to give notice in rule 12.30.1(a).

    12.30.3 In any hearing under rule 12.30.1(b), the plaintiff must, unless the court directs otherwise, give by affidavit—

    • (a) evidence of the aspects of the defendant’s liability that are required to be shown; and

    • (b) evidence of the plaintiff’s damages.

    12.30.4 This rule is subject to rule 12.35.

    Compare: SR 1992/109 r 469

12.31 Several causes of action
  • If the plaintiff’s notice of claim or statement of claim contains more than 1 cause of action, the plaintiff may proceed separately under rules 12.24 to 12.35 in respect of any or each cause of action to which no response has been filed.

    Compare: SR 1992/109 r 470

12.32 Several defendants
  • If there are several defendants, the plaintiff may—

    • (b) despite any judgment given under those rules, continue the proceeding against any other defendant against whom the cause of action subsists.

    Compare: SR 1992/109 r 471

12.33 Affidavits to be filed
  • 12.33.1 Before judgment can be sealed on an application under rule 2.39.1 (notice of claim procedure), the plaintiff must file form 6A (including the completed affidavit section).

    12.33.2 Before judgment can be sealed on an application under rule 2.39.4 (statement of claim procedure), the plaintiff must file—

    • (a) an affidavit of service of the statement of claim and of the notice of proceeding; and

    • (b) if the statement of claim and notice of proceeding have not been served personally on the defendant or on a solicitor accepting service on the defendant’s behalf, an affidavit verifying the statement of claim.

    12.33.3 An affidavit of service under rule 12.33.2 must be in form HCF G 16 (which applies by virtue of rule 3.44.10).

    12.33.4 Before judgment can be sealed on an application under rule 2.39.5 (counterclaim procedure), the defendant must file form 6CCA (including the completed affidavit section).

    Compare: SR 1992/109 r 472; HCR 15.4

12.34 Judgment may be set aside or varied
  • Any judgment obtained by default may be set aside or varied by the court on any terms it thinks fit, if it appears to the court that there has been, or may have been, a miscarriage of justice.

    Compare: SR 1992/109 r 473

12.35 Default judgment against the Crown
  • 12.35.1 Judgment by default under rules 12.24 to 12.32 cannot be entered against the Crown except by leave of the court.

    12.35.2 A party seeking default judgment against the Crown must—

    • (a) apply for the leave of the court; and

    • (b) serve notice of the application at least 5 working days before the time specified in the notice for hearing the application.

    Compare: SR 1992/109 r 474

12.36 Overseas service cases
  • HCR 15.14 applies (as provided by rule 3.44.30 of these rules).

Part 13
Appeals to High Court

13.1 Agreement not to appeal
  • An agreement not to appeal must be in form 38 and must be filed in the court before the trial.

    Compare: SR 1992/109 r 541

13.2 Leave to appeal
  • An application for leave to appeal must be made on notice in form 39.

    Compare: SR 1992/109 r 542(1)

Part 14
Appeals to District Courts

14.1 Application of this Part
  • 14.1.1 This Part applies to all appeals to a District Court under any enactment.

    14.1.2 This Part applies subject to any express provision in the Act conferring the right of appeal.

    Compare: SR 1992/109 r 544

14.2 Interpretation
  • In this Part,—

    appropriate court means the court at which the appeal is, in accordance with rule 14.8, to be filed

    appropriate officer means the Registrar, Secretary, clerk, or any other officer responsible for the administration of the office of the decision-maker

    decision includes any order made by a decision maker

    decision-maker means a tribunal, person, or body of persons—

    • (a) exercising a power of decision from which there is a right of appeal to the court; and

    • (b) from whose decision the appeal is brought or sought to be brought.

    Compare: SR 1992/109 r 545

14.3 How to bring appeal
  • An appellant brings an appeal by—

    • (a) filing a notice of appeal in the appropriate court; and

    • (b) serving a copy of that notice on the appropriate officer of the decision-maker, or, if there is no appropriate officer, on the decision-maker.

    Compare: SR 1992/109 r 546

14.4 Judge may call conference and give directions
  • 14.4.1 For the purpose of ensuring that any appeal or intended appeal is determined in a convenient and expeditious manner, and that all matters in dispute are effectively and completely determined, a Judge may hold a conference of parties, intended parties, or counsel presided over by the Judge—

    • (a) at any time, and on any terms the Judge thinks fit:

    • (b) on the application of any party or intended party or without application.

    14.4.2 A Judge presiding at a conference may—

    • (a) settle the issues to be determined:

    • (b) direct which persons are to be named as the respondents, or direct that the name of any party be added or struck out:

    • (c) fix a time for the filing of affidavits or other documents:

    • (d) fix a time and place for the hearing of the appeal:

    • (f) give directions as to the manner in which evidence is to be brought before the court at the hearing of the appeal:

    • (g) give any other directions necessary for the proper determination of the appeal.

    14.4.3 At any time before the hearing of an appeal has started, a Judge may, for the purposes of rule 14.4.1, exercise any of the powers specified in rule 14.4.2 without holding a conference.

    Compare: SR 1992/109 r 546A

14.5 Time for appeal
  • The notice of appeal must be filed and served in accordance with rule 14.3 within 1 month after the date of the decision.

    Compare: SR 1992/109 r 547

14.6 Extension of time for appeal
  • 14.6.1 The court may extend the time allowed for filing and serving a notice of appeal, or for taking any step in relation to an appeal, if the enactment conferring the right of appeal—

    • (a) allows the extension; or

    • (b) does not limit the time allowed for appeal.

    14.6.2 A party seeking an extension must apply by interlocutory application on notice to all other parties who may be affected by the appeal.

    14.6.3 An application for extension may be made before or after the expiry of the time allowed for appeal or for taking any step in relation to the appeal.

    Compare: SR 1992/109 r 548

14.7 Contents of notice of appeal
  • 14.7.1 The notice of appeal must, unless the court directs otherwise,—

    • (a) bear a heading in form 1 that—

      • (i) refers to the enactment under which the appeal is brought; and

      • (ii) refers to the matter as being in the matter of an appeal from a decision of a tribunal or person; and

    • (b) specify the decision or the part of the decision appealed from; and

    • (c) specify any error of law alleged by the appellant; and

    • (d) specify any question of law to be resolved; and

    • (e) specify the grounds of the appeal in sufficient detail to give full advice of the issues involved to the court, the other parties, and the decision-maker; and

    • (f) specify the relief sought.

    14.7.2 The grounds of the appeal may be amended by leave of the court.

    14.7.3 The notice of appeal must not name the decision-maker as a respondent.

    14.7.4 Nothing in rule 14.7.3 limits or affects rule 14.21.

    Compare: SR 1992/109 r 549

14.8 Place for filing notice of appeal
  • 14.8.1 The appropriate court for the purposes of this Part is—

    • (a) the court nearest to the place where the decision appealed from was made; or

    • (b) any other court in which the parties agree that the notice of appeal may be filed.

    14.8.2 If it appears to the court or Registrar, on application, that the notice of appeal has been filed in the wrong court, or that any other court would be more convenient to the parties, the court or Registrar may direct that—

    • (a) the notice of appeal be filed in another court; or

    • (b) the documents relating to the appeal be transferred to another court.

    14.8.3 If rule 14.8.1(b) applies, the parties must endorse on, or lodge with the notice of appeal a memorandum of their agreement to the notice of appeal being filed in the court in which it is filed.

    Compare: SR 1992/109 r 550

14.9 Service of copies of notice of appeal on other parties
  • 14.9.1 The appellant must, before or immediately after filing and serving the notice of appeal under rule 14.3, serve a copy of the notice of appeal on every other party to the matter in which the decision was made.

    14.9.2 If the matter in which the decision was made involved the hearing of a charge against any person under any Act, the person or body prosecuting the charge is, for the purposes of rules 14.9.1 and 14.9.3, a party to that matter.

    14.9.3 Every party served with a copy of the notice of appeal under rule 14.9.1 is, for the purposes of rule 14.16, a respondent to the appeal.

    Compare: SR 1992/109 r 551

14.10 Power to dispense with service
  • Despite rule 14.9, the court may dispense with service on a party of a copy of the notice of appeal on any terms the court thinks fit in the interests of justice.

    Compare: SR 1992/109 r 552

14.11 Appeal not to operate as stay
  • An appeal does not stay proceedings on the decision appealed from unless the court or decision-maker orders it.

    Compare: SR 1992/109 r 553

14.12 Cross-appeal
  • 14.12.1 A person (other than the appellant) who wishes to contend at the hearing of an appeal that the decision appealed from should be varied or discharged must, at least 30 working days before the day fixed for hearing the appeal, file and serve a notice of cross-appeal.

    14.12.2 This Part applies to cross-appeals with the necessary modifications.

    Compare: SR 1992/109 r 554

14.13 Documents to be lodged with Registrar
  • 14.13.1 The appropriate officer of the decision-maker must, as soon as possible after being served with the notice of appeal, send to the Registrar at the appropriate court—

    • (a) 2 copies of any papers that are lodged with the decision-maker and that relate to the decision appealed from; and

    • (b) any exhibits in the custody of the decision-maker; and

    • (c) 2 copies of the whole of the decision appealed from.

    14.13.2 Rule 14.13.1 applies unless the court otherwise directs.

    14.13.3 The appropriate officer must also send to the Registrar 2 copies of any transcribed notes of any evidence given at any hearing before the decision-maker that were made for the purposes of, or under the direction of, the decision-maker.

    14.13.4 No further verification is required of the contents of any transcript provided under rule 14.13.3 if the appropriate officer has certified it as correct.

    14.13.5 If an enactment provides for the appointment of a person other than a Judge to sit with the court or as a member of the court to hear any specified appeal, the number of copies of documents required by rules 14.13.1(a), 14.13.1(c), and 14.13.3 must be increased to a number sufficient to provide a copy each for the court records, the Judge, and every other person required to hear the appeal.

    14.13.6 Rule 14.13.3 does not apply to any notes made personally by the decision-maker or (if the decision-maker is a tribunal) a member of the tribunal.

    Compare: SR 1992/109 r 555

14.14 Order for transcript of evidence
  • 14.14.1 The court may, on application by any party, make an order requiring a transcript to be made of the whole of the evidence given at a hearing before the decision-maker.

    14.14.2 An application for a transcript must be made within the following periods, unless the court gives leave to make it at some later date:

    • (a) in the case of an appellant, no later than 1 month after the date of lodging of the notice of appeal:

    • (b) in the case of any other party, no later than 1 month after the date of service of a copy of the notice of appeal on that party.

    14.14.3 The court must give notice to the decision-maker before making an order for a transcript.

    14.14.4 A decision-maker who wishes to appear and be heard before an order for a transcript is made must file, within 14 days after the date of being served notice under rule 14.14.3, a notice of intention to appear and be heard.

    14.14.5 A notice filed under rule 14.14.4 entitles the decision-maker and every party to the appeal to be heard before an order for a transcript is made.

    14.14.6 The court may, if it thinks fit, require a report to be made and lodged under rule 14.15 instead of requiring a transcript.

    14.14.7 The decision-maker may apply at any time to the court for an order that the parties to the appeal pay for the cost of making the transcript.

    14.14.8 The court may make an order for a transcript—

    • (a) on any conditions that it thinks fit:

    • (b) even if the appeal is abandoned, or dismissed for want of prosecution.

    14.14.9 The following provisions apply once the order is made:

    • (a) a sealed copy of the order must be served immediately on the decision-maker:

    • (b) the decision-maker must certify the correctness of the transcript and send a copy of the transcript to the Registrar at the appropriate court:

    • (c) no further verification is required of the contents of the certified transcript.

    14.14.10 In rule 14.14.9, decision-maker includes an appropriate officer of the decision- maker.

    Compare: SR 1992/109 r 556

14.15 Report by decision-maker
  • 14.15.1 The decision-maker must, if the court directs, lodge with the Registrar a report setting out—

    • (a) any considerations, other than findings of fact, to which the decision-maker had regard in making the decision but which are not set out in the decision; and

    • (b) any material indicating the effect that the decision might have on the general administration of the enactment under which the decision was made; and

    • (c) any other matters relevant to the decision or to the general administration of the enactment that should be drawn to the attention of the court.

    14.15.2 If a report has been lodged under rule 14.15.1, the court may direct the decision-maker to lodge a further report.

    14.15.3 The decision-maker must provide a copy of the report and any further report to every party to the appeal.

    14.15.4 Every party to the appeal is entitled to be heard and to tender evidence on any matter referred to in the report.

    Compare: SR 1992/109 r 557

14.16 Rights of parties
  • 14.16.1 A respondent to an appeal who wishes to appear and be heard at the hearing of the appeal must, within 15 working days after the date of being served a copy of the notice of appeal, file in the appropriate court a notice of the respondent’s intention to appear and be heard. That notice must include an address for service.

    14.16.2 The parties to the appeal are—

    • (a) the appellant; and

    • (b) any respondent who gives a notice of intention to appear and be heard as a respondent.

    14.16.3 The parties to the appeal are entitled to—

    • (a) be served with every document relating to the appeal that is, from then on, filed or lodged with the Registrar; and

    • (b) receive a notice of the date set down for the hearing of the appeal; and

    • (c) apply for an order for security for costs of the appeal.

    14.16.4 A decision-maker who is entitled to be heard under rule 14.21 must give notice under this rule, after which the decision-maker is entitled to be served with documents and to be given notice as if the decision-maker were a respondent to the appeal.

    14.16.5 Either before or immediately after filing a notice under this rule, the person filing the notice must serve a copy of it—

    • (a) on every other party to the matter in which the decision was given; and

    • (b) in the case of a notice served under rule 14.16.1, on the appropriate officer of the decision-maker or (if the decision-maker is an individual) on the decision-maker.

    Compare: SR 1992/109 r 558

Hearing of appeal

14.17 Appeal must be by rehearing
  • Appeals are by way of rehearing.

    Compare: SR 1992/109 r 560(1)

14.18 Powers of court in relation to evidence heard on appeal
  • 14.18.1 The court has full discretionary power to rehear all or any part of evidence taken before the decision-maker.

    14.18.2 The court must rehear the evidence of any witness if the court has reason to believe that any note of the evidence of that witness made by direction of the decision-maker is or may be incomplete in any material particular.

    14.18.3 The court has full discretionary power to hear and receive further evidence on questions of fact, either by oral evidence or by affidavit.

    14.18.4 The court must also have regard to any report lodged by the decision-maker under rule 14.15, including any matters referred to in the report and any evidence tendered on the report, whether or not those matters would otherwise be admissible in evidence.

    14.18.5 The court may, in exercising its powers under this rule and rules 14.19 to 14.22, receive as evidence any statement, document, information, or matter that the decision-maker would have been entitled to receive at the hearing at first instance.

    Compare: SR 1992/109 r 560(2)–(6)

14.19 Court has powers of decision-maker
  • In any appeal, the court has all the powers and discretions of the decision-maker—

    • (a) to hold the hearing or any part of it in private; and

    • (b) to make orders prohibiting the publication of any report or description of the proceedings or any part of them.

    Compare: SR 1992/109 r 560(7)

14.20 Counsel assisting court
  • In any appeal, the Solicitor-General must, at the request of the court, appoint counsel to appear and be heard as counsel assisting the court.

    Compare: SR 1992/109 r 560(8)

14.21 Appeals from decision arising from contested application
  • 14.21.1 At the hearing of any appeal from a decision made arising from a contested application, the decision-maker is entitled, after obtaining the leave of the court, to be represented and heard on—

    • (a) any issue relating to the procedure followed in the course of reaching the decision appealed from; or

    • (b) any issue relating to the decision-maker or, if the decision-maker is a tribunal, members of the tribunal; or

    • (c) any matter that the decision-maker has referred to in a report made under rule 14.15.

    14.21.2 The decision-maker is not entitled to be represented and heard on any other issue or matter arising in the appeal.

    Compare: SR 1992/109 r 560(9)

14.22 Appeals from decision arising from uncontested application
  • At the hearing of any appeal against a decision made arising from an uncontested application, the decision-maker is entitled to be represented and heard on all matters arising in the appeal.

    Compare: SR 1992/109 r 560(10)

14.23 Powers of court hearing appeal
  • 14.23.1 In allowing an appeal, the court may, unless an enactment provides otherwise,—

    • (a) set aside or quash the decision appealed from:

    • (b) substitute any decision that ought to have been given by the decision-maker:

    • (c) make such further or other orders as the case may require.

    14.23.2 Despite rule 14.23.1, the court may remit all or part of the matter to which the appeal relates to the decision-maker for further consideration and determination.

    14.23.3 In remitting any matter under rule 14.23.2, the court must—

    • (a) advise the decision-maker of its reasons for doing so; and

    • (b) give the decision-maker any direction that it thinks fit in the interests of justice relating to any rehearing, reconsideration, or determination of all or part of the matter referred to it.

    14.23.4 The court or Registrar may, in special circumstances, order that security be given for the costs of the appeal as it thinks just.

    14.23.5 The court is not bound to allow the appeal solely on the ground of improper admission or rejection of evidence, unless, in the opinion of the court, it has led to a substantial wrong or miscarriage of justice.

    Compare: SR 1992/109 r 561

14.24 Dismissal of appeal
  • The court may dismiss the appeal—

    • (a) if the appellant does not appear at the time appointed for hearing the appeal; or

    • (b) on the application of any other party or the decision-maker, if the appellant does not prosecute the appeal with due diligence.

    Compare: SR 1992/109 r 562

14.25 Registrar to notify decision of court
  • On the determination of any appeal, the Registrar must send to the appropriate officer of the decision-maker or (if the decision-maker is an individual) to the decision-maker—

    • (a) a memorandum of the court’s decision; and

    • (b) any application, papers, and exhibits forwarded to the Registrar under rule 14.13 or 14.14.

    Compare: SR 1992/109 r 563

Part 15
Enforcement

  • Part 15: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Enforcement generally

  • Heading: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.1 Payment in reduction of amount
  • A person liable to pay money under a judgment or an order may at any time pay money into court to reduce the amount payable by that person.

    Compare: SR 1992/109 r 564; SR 2009/257 r 15.1

    Rule 15.1: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.2 Sale of personal property
  • 15.2.1 Personal property that is to be sold under a direction in a judgment or order may be sold by public auction or private contract as the Judge directs.

    15.2.2 The Registrar must, if the Judge directs, supervise any sale, detention, or preservation of personal property that has been directed to be sold by public auction or to be detained or preserved.

    15.2.3 The Registrar must, unless the Judge directs otherwise, ensure that personal property that has been directed to be sold by private contract is sold in accordance with the Judge's directions.

    15.2.4 This rule does not apply to enforcement issued under section 79(1)(a) of the Act.

    Compare: SR 1992/109 r 565; SR 2009/257 r 15.2

    Rule 15.2: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.3 Examination of any party
  • If any difficulty arises in relation to the enforcement of a judgment or order for relief other than the payment of money, the Judge or Registrar may, on the application of an interested party, make an order for the attendance and examination of any party or otherwise as the Judge or Registrar thinks fit in the interests of justice.

    Compare: SR 1992/109 r 566; SR 2009/257 r 15.3

    Rule 15.3: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.4 Application by judgment creditor of partner
  • 15.4.1 An application by a separate judgment creditor of a partner for any order under section 26 of the Partnership Act 1908 must be made to the court on notice.

    15.4.2 The notice and any order made on the application must be served on—

    • (a) the judgment debtor; and

    • (b) the partners of the judgment debtor who are in New Zealand.

    Compare: SR 1992/109 r 567(1); SR 2009/257 r 15.4

    Rule 15.4: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.5 Application by partner of judgment debtor
  • 15.5.1 An application by a partner of a judgment debtor under section 26 of the Partnership Act 1908 must be made to the court on notice.

    15.5.2 The notice must be served on—

    • (a) the judgment creditor; and

    • (b) the judgment debtor; and

    • (c) the partners of the judgment debtor who do not agree with the application and are in New Zealand.

    Compare: SR 1992/109 r 567(2); SR 2009/257 r 15.5

    Rule 15.5: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.6 Change of parties after judgment
  • 15.6.1 This rule applies if any change has taken place after judgment by death, assignment, or otherwise—

    • (a) in the parties entitled to a judgment or an order; or

    • (b) in the parties liable under a judgment or an order.

    15.6.2 When this rule applies, the party claiming to be entitled to enforce the judgment or order may apply without notice to the court or a Registrar for leave to issue the necessary process.

    15.6.3 The court or a Registrar may,—

    • (a) if satisfied that the party applying is entitled to issue the process, make an order to that effect; or

    • (b) if not so satisfied, order that any issue or question necessary to determine the rights of the parties be tried and determined in a manner that the court or Registrar thinks fit.

    15.6.4 Despite anything in rule 3.1, the hearing of any issue or question referred to in rule 15.6.3(b) must be started in the court in which the order was made, unless the court or a Registrar otherwise orders.

    15.6.5 Any order made under rule 15.6.3 must be in form 40 and be served on the persons affected.

    15.6.6 No process may issue from an order made under rule 15.6.3 until 5 working days have expired after the date of service, unless the court or a Registrar gives leave.

    15.6.7 A party claiming to be entitled, by reason of one and the same change, to enforce more than 1 judgment or order may—

    • (a) make 1 application in which all the judgments or orders are specified in a schedule; and

    • (b) set out, in the notice of any order made on the application, only that part of the order affecting the person to be served notice.

    Compare: SR 1992/109 r 568; SR 2009/257 r 15.6

    Rule 15.6: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.7 Change of name, etc, of party after judgment
  • If the name, address, or occupation of any party to a judgment or an order differs from that specified in any application for any process for the enforcement of a judgment or an order,—

    • (a) the applicant must satisfy the Registrar that the amended name, address, or occupation applies to that party; and

    • (b) both names, addresses, or occupations, as the case may require, must be specified in the process applied for.

    Compare: SR 1992/109 r 569; SR 2009/257 r 15.7

    Rule 15.7: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.8 Application to Registrar for suspension of judgment, etc
  • 15.8.1 A person who wishes to apply to the court to suspend or stay any judgment, order, enforcement, or order of committal may apply to a Registrar in the absence of the Judge.

    15.8.2 The Registrar may suspend or stay the judgment, order, enforcement, or order of committal until an application can be made to the Judge.

    Compare: SR 1992/109 r 570; SR 2009/257 r 15.8

    Rule 15.8: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.9 Stay of judgment, etc
  • 15.9.1 An order to suspend or stay any judgment, order, enforcement, order of committal, or order for the discharge of a person under the Act must be in form 41.

    15.9.2 A warrant must be recalled if—

    • (a) an order suspending or staying a judgment, order, or enforcement has been made; and

    • (b) enforcement has been issued.

    15.9.3 Even if a warrant is recalled, a Judge may—

    • (a) order the person named in the warrant to pay the costs of the warrant and any fees or expenses incurred by the bailiff before the recall of the warrant; and

    • (b) authorise the bailiff to sell part of the goods seized sufficient to pay for the costs, fees, and expenses referred to in paragraph (a), and the expenses of the sale; and

    • (c) give leave to reissue the warrant.

    Compare: SR 1992/109 r 571(1), (2); SR 2009/257 r 15.9

    Rule 15.9: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.10 Discharge of person under section 98 of Act
  • 15.10.1 This rule applies if an order has been made under section 98 of the Act for the discharge of any person arrested or confined in prison under section 79(2) or (4) of the Act.

    15.10.2 The Registrar of the court must send a copy of the order to the prison manager or bailiff who has custody of the person.

    15.10.3 The prison manager or bailiff must, on receipt of the copy of the order, promptly discharge the person in custody.

    15.10.4 If the terms of a discharge referred to in rule 15.10.1 include liability to rearrest if the terms are not complied with,—

    • (a) the party entitled to the benefit of the judgment or order may, if the terms are not complied with, apply to the court on notice; and

    • (b) the court may order the person to be rearrested and imprisoned for that part of the term of imprisonment that remains unserved at the time of that person’s discharge.

    15.10.5 If an order is made under rule 15.10.4(b), an order must be issued and delivered to the bailiff authorising—

    • (a) the bailiff to rearrest the person; and

    • (b) the prison manager to receive and detain that person for the remainder of the term of imprisonment or until that person is sooner discharged in due course of law.

    Compare: SR 1992/109 r 571(3); SR 2009/257 r 15.10

    Rule 15.10: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.11 Receipt to be attached to warrant
  • 15.11.1 When money is paid on a warrant under an enforcement process, the bailiff or constable must promptly complete and sign a receipt and hand it to the defendant or the person paying the money.

    15.11.2 The bailiff or constable must pay to a Registrar the money that he or she collected under the warrant.

    15.11.3 If money is not received, the constable or bailiff must endorse that fact on the warrant.

    Compare: SR 1992/109 r 573; SR 2009/257 r 15.12

    Rule 15.11: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.12 Bailiff to enforce warrants, etc
  • 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 enforcement or service; and

    • (b) include in the record the date that each process was received; and

    • (c) include in the record—

      • (i) the date of enforcement or service of each warrant, writ, or other process; and

      • (ii) either—

        • (A) a brief description of the outcome of the enforcement or service; or

        • (B) if the warrant, writ, or other process was not enforced or served during the time it was in force, the reason for its non-enforcement or non-service.

    Compare: SR 1992/109 r 574; SR 2009/257 r 15.13

    Rule 15.12: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.13 New order for payment of unsatisfied judgment
  • 15.13.1 If there is an unsatisfied judgment or order,—

    • (a) a party entitled to enforce it may apply to a court for an order that the amount due and unpaid be paid—

      • (i) by instalments; or

      • (ii) if already payable by instalments, by the same or smaller instalments; and

    • (b) the court may make an order on the application accordingly.

    15.13.2 If it appears to the court that a person liable under a judgment or an order for the payment of a sum of money is unable to pay it in 1 sum, the court may, on application by the person liable,—

    • (a) order that the unpaid amount be paid by instalments:

    • (b) vary any order made under paragraph (a).

    15.13.3 If it appears to the court that a person liable under any order for payment by instalments is able to pay the sum ordered to be paid in 1 sum or by larger or earlier instalments than those ordered, the court may, on application by the person entitled to enforce the order,—

    • (a) order that the unpaid amount be paid in 1 sum or by larger or earlier instalments; and

    • (b) vary any order made under paragraph (a).

    15.13.4 All applications under this rule must be made on notice in form 42.

    Compare: SR 1992/109 r 576; SR 2009/257 r 15.15

    Rule 15.13: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.14 Application for civil enforcement process
  • 15.14.1 This rule applies to any application for a civil enforcement process to which this Part or Part 6 of the Act applies.

    15.14.2 The application must be in a form approved in accordance with the Act (if any) or prescribed by these rules.

    15.14.3 If 2 or more judgment debtors are liable under the same judgment or order,—

    • (a) a separate application may be filed in respect of each debtor concerned; and

    • (b) a separate application must be filed in respect of each debtor whom the judgment creditor wishes to be subject to the civil enforcement process; and

    • (c) fees must be paid and costs allowed in respect of each application.

    15.14.4 A judgment creditor is not required to state in an application relating to a judgment debtor that is a body corporate the name of a particular officer who is to appear at any hearing relating to the application.

    Compare: SR 2009/257 r 15.17(2), (3)

    Rule 15.14: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Assessment of judgment debtors

  • Heading: inserted, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.15 Hearing in different court or place
  • 15.15.1 This rule applies if—

    • (a) a financial assessment hearing or a hearing under section 84D of the Act is to be held; and

    • (b) the judgment debtor resides or carries on business 35 km or more from the court—

      • (i) from which the request to the judgment debtor under section 84C of the Act is made by the court or a Registrar; or

      • (ii) in which an application relating to the judgment debtor is filed under section 84E of the Act.

    15.15.2 The court or a Registrar may order that the hearing be held before the court nearest, or at a place near, to where the judgment debtor resides or carries on business.

    15.15.3 A Registrar must appoint a date and time for the hearing and arrange for service of the notice of hearing in accordance with section 108A of the Act.

    Compare: SR 2009/257 r 15.18(1), (2)(b)

    Rule 15.15: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.16 Non-appearance of judgment creditor or witness at assessment hearing
  • 15.16.1 Whether or not a judgment creditor appears at the financial assessment hearing under section 84EB of the Act, the court or a Registrar may, unless rule 15.16.2 applies, make any order or give any direction under section 84EC of the Act.

    15.16.2 The court or a Registrar may adjourn the assessment hearing if it appears to the court or Registrar that the assessment hearing cannot fairly proceed owing to the absence of either the judgment creditor or a witness.

    15.16.3 An adjournment under rule 15.16.2

    • (a) is subject to the payment of costs and travel expenses as the court or Registrar thinks fit in the interests of justice; and

    • (b) must always be to a fixed date.

    Compare: SR 1992/109 r 580; SR 2009/257 r 15.19

    Rule 15.16: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.17 Record of assessment hearing
  • 15.17.1 The court or a Registrar must keep a record of—

    • (a) the date and time of each hearing held under section 84D or 84EB of the Act; and

    • (b) the terms of anything done by the court or a Registrar under section 84EC of the Act.

    15.17.2 A copy of the record under rule 15.17.1 must be provided to every party to the proceeding.

    Compare: SR 1992/109 r 581; SR 2009/257 r 15.20

    Rule 15.17: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.18 Warrant of arrest
  • A warrant to arrest a judgment debtor issued under section 84EA of the Act must be in form 46.

    Compare: SR 1992/109 r 582; SR 2009/257 r 15.21

    Rule 15.18: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.19 Review of Registrar’s decision
  • A person applying under section 84N of the Act for a review of an order or a direction made by a Registrar must—

    • (a) make the notice of application in form 47; and

    • (b) specify in the application the grounds on which it is made in sufficient detail to fully advise the court and other parties of the issues involved.

    Compare: SR 1992/109 r 583; SR 2009/257 r 15.22

    Rule 15.19: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Contempt of enforcement proceedings

  • Heading: inserted, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.20 Contempt of enforcement proceedings
  • 15.20.1 An application under section 84O(3) of the Act for contempt of enforcement proceedings must—

    • (b) specify the grounds on which it is made in sufficient detail to fully advise the court and other parties of the issues involved; and

    • (c) be authenticated by the judgment creditor or the judgment creditor’s solicitor or an agent authorised in writing by the judgment creditor to authenticate the application.

    15.20.2 An application that is authenticated by an agent must be filed with an authority in form 50.

    15.20.3 The following documents must be served personally on the judgment debtor not less than 3 working days before the date of the hearing:

    • (a) a copy of the application; and

    • (b) a summons in form 51 requiring the attendance of the judgment debtor at the hearing of the application.

    15.20.4 An order for community work issued under section 84O(3) of the Act must be in form 52.

    15.20.5 A warrant to arrest a judgment debtor issued under section 84OB(1) of the Act must be in form 53.

    Compare: SR 1992/109 r 584; SR 2009/257 r 15.23(1), (3), (5)–(7)

    Rule 15.20: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.21 Hearing of contempt of enforcement proceedings if judgment debtor outside court district
  • If the judgment debtor resides or carries on business 35 km or more from the court in which the application for an order that the judgment debtor do community work is made, the court or a Registrar may direct that the hearing take place before the court nearest to where the judgment debtor resides or carries on business.

    Compare: SR 1992/109 r 585; SR 2009/257 r 15.24(1)

    Rule 15.21: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Fees, costs, and expenses

  • Heading: inserted, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.22 Certain fees, costs, and expenses incurred by judgment creditor may be recovered
  • A judgment creditor may, unless the court or a Registrar otherwise directs, recover from a judgment debtor—

    • (a) the fees relating to the civil enforcement process against the judgment debtor paid by the judgment creditor in accordance with the regulations that prescribe the fees; and

    • (b) costs relating to that process in accordance with Schedule 3; and

    • (c) an amount for expenses incurred for service of documents, if 1 or more documents relating to that process have been served by or on behalf of the judgment creditor, which amount must not exceed the amount prescribed by regulations made under the Act for service by a bailiff.

    Rule 15.22: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Charging orders

  • Heading: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.23 Interpretation
  • In rules 15.24 to 15.46, unless the context otherwise requires,—

    charging order means an order under section 96A of the Act

    judgment creditor means a person who has obtained a judgment or an order for the payment of money.

    Compare: SR 2009/257 r 15.25

    Rule 15.23: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.24 Application for charging order
  • 15.24.1 A judgment creditor may apply without notice to the court or a Registrar for a charging order.

    15.24.2 The application must—

    • (b) be accompanied by an affidavit in form 55; and

    • (c) describe the property for which the charging order is sought in sufficient detail so as to identify it.

    15.24.3 Section 96A(1A) of the Act specifies which kinds of property may be subject to a charging order.

    Compare: SR 1992/109 r 586; SR 2009/257 r 15.26

    Rule 15.24: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.25 Filing of application for charging order
  • 15.25.1 An application for a charging order must not be filed until 48 hours have expired from the time the judgment was entered, or the order was made, unless a Judge gives leave for immediate enforcement.

    15.25.2 The Registrar must note on the application and on the charging order the precise time that the application for the charging order was made.

    15.25.3 The judgment creditor must prepare and file with the application a draft order and a copy for every person the draft order is intended to affect.

    15.25.4 The Registrar must notify the judgment creditor, as soon as practicable after the application has been heard, of the outcome of the hearing.

    Compare: SR 1992/109 r 587; SR 2009/257 r 15.27(2)–(5)

    Rule 15.25: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.26 Value of property exceeding $200,000
  • An application for a charging order may be filed, and a charging order may be made, even if the property to which the application or charging order relates has a value exceeding $200,000.

    Compare: SR 1992/109 r 588; SR 2009/257 r 15.28

    Rule 15.26: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.27 Charging order where amount involved small
  • If the amount involved is so small that the making of a charging order is vexatious or worthless, the court or a Registrar may—

    • (a) refuse the application for a charging order; or

    • (b) if the charging order has been made (whether as of right or on application), discharge the charging order.

    Compare: SR 1992/109 r 589; SR 2009/257 r 15.29

    Rule 15.27: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.28 Form of charging order
  • A charging order must be in form 56, 57, or 58, as appropriate.

    Compare: SR 1992/109 r 590; SR 2009/257 r 15.30

    Rule 15.28: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.29 Application for relief by persons prejudicially affected
  • 15.29.1 A person alleging that he or she is prejudicially affected by a charging order may, at any time, apply to the court for relief.

    15.29.2 The court may—

    • (a) vary or discharge the order; or

    • (b) cancel the registration or modify the effect of registration of any order affecting land.

    15.29.3 The powers of the court under this rule are in addition to its powers under rules 3.48.6 and 12.15.

    Compare: SR 1992/109 r 591; SR 2009/257 r 15.31

    Rule 15.29: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.30 Claim of third person on property charged
  • 15.30.1 If it is alleged that land or other property affected by a charging order belongs to a third person, or that a third person has a claim on it by way of lien, charge, or otherwise,—

    • (a) the Registrar must issue a summons in form 59 together with a copy of it; and

    • (b) the summons must be served on the third person a reasonable time before the day fixed for the hearing.

    15.30.2 If the third person does not appear at the hearing of the matter, the court, on proof of service, may make any order that it thinks fit in the interests of justice.

    15.30.3 The third person may, on giving 24 hours’ notice of his or her intention to do so, also attend—

    • (a) the application to make a final charging order; or

    • (b) any application to set aside or vary the charging order.

    15.30.4 Despite rule 15.30.3, the Judge may give the third person leave to attend without giving 24 hours’ notice.

    Compare: SR 1992/109 r 592; SR 2009/257 r 15.32

    Rule 15.30: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.31 Apportionment when more than 1 charging order
  • 15.31.1 A person against whom more than 1 charging order is made, or who claims to be affected by more than 1 charging order, may apply to the court for an order under rule 15.31.2.

    15.31.2 The court may determine how much or what part of the property affected by the charging order is for the separate use of each party who has obtained a charging order.

    Compare: SR 1992/109 r 593; SR 2009/257 r 15.33

    Rule 15.31: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.32 Charging order final in first instance
  • If the property sought to be charged is an estate, right, title, or interest in possession, remainder, reversion, or expectancy, and whether vested or contingent, in any land held by the judgment debtor in that judgment debtor’s own name, the charging order is final in the first instance.

    Compare: SR 1992/109 r 594; SR 2009/257 r 15.34

    Rule 15.32: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.33 Registration of charging order under Land Transfer Act 1952
  • 15.33.1 A charging order made under rule 15.32 in respect of land under the Land Transfer Act 1952 must be registered against the certificate of title to the land under that Act.

    15.33.2 The charging order—

    • (a) must—

      • (i) contain a description of the land affected sufficient to identify that land; or

      • (ii) refer to a certificate of title or other instrument containing such a description; and

    • (b) must have drawn on it, or annexed to it, a plan of the land showing its extent, boundaries, and relative position, unless the land is—

      • (i) the whole of the land comprised in a certificate or certificates of title; or

    15.33.3 The judgment creditor must deposit a duplicate of the charging order with the Registrar-General of Land unless the Registrar-General has dispensed with the production of duplicate instruments in accordance with the Land Transfer Act 1952.

    Compare: SR 1992/109 r 595; SR 2009/257 r 15.35

    Rule 15.33: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.34 Registration of charging order under Deeds Registration Act 1908
  • 15.34.1 A charging order made under rule 15.32 in respect of land that is not under the Land Transfer Act 1952 must be registered with the Registrar-General of Land.

    15.34.2 The charging order—

    • (a) must contain a description of the land affected, or refer to the Crown grant or other instrument, sufficient to identify that land; and

    • (b) must have drawn on it, or annexed to it, a plan of the land showing its extent, boundaries, and relative position.

    Compare: SR 1992/109 r 596; SR 2009/257 r 15.36

    Rule 15.34: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.35 Lodging of charging order under Mining Act 1971
  • 15.35.1 A charging order made under rule 15.32 in respect of a mining privilege within the meaning of the Mining Act 1971 must be registered by lodging it with the Registrar-General of Land.

    15.35.2 The charging order—

    • (a) must either—

      • (i) contain a description of the land affected sufficient to identify that land; or

      • (ii) refer to a document granting or issuing the mining privilege, or any other instrument by which the mining privilege was acquired, containing such a description; and

    • (b) must have drawn on it, or annexed to it, a plan of the land showing its extent, boundaries, and relative position, unless the land affected—

      • (i) comprises the whole of the land to which the mining privilege relates; or

      • (ii) is shown separately on a plan deposited under the Mining Act 1971.

    15.35.3 When the charging order is lodged, a copy of it must be deposited with the chief executive of the department responsible for the administration of the Mining Act 1971.

    15.35.4 The Registrar-General of Land is not required to inquire whether rule 15.35.3 has been complied with.

    Compare: SR 1992/109 r 597; SR 2009/257 r 15.37

    Rule 15.35: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.36 Sale before registration of charging order
  • 15.36.1 An unregistered charging order has no effect against a purchaser for valuable consideration.

    15.36.2 Rule 15.36.1 applies even if—

    • (a) the sale order may have been actually delivered for enforcement at the time of purchase; and

    • (b) the purchaser may have had actual or constructive notice of the delivery of the sale order for enforcement.

    Compare: SR 1992/109 r 598; SR 2009/257 r 15.38

    Rule 15.36: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.37 Discharge of land or mining privilege from charging order
  • The land or mining privilege subject to a charging order is discharged from the charging order on registration with the Registrar-General of Land of—

    • (a) a memorandum of satisfaction of the judgment in the proceeding in which the charging order has been issued, or other sufficient evidence of satisfaction; or

    • (b) an order of the court to the effect that the land or mining privilege is discharged from the charging order; or

    • (c) the consent of the person who registered the charging order to the discharge of the land or mining privilege from the charging order.

    Compare: SR 1992/109 r 599; SR 2009/257 r 15.39

    Rule 15.37: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.38 Charging order expires after 2 years
  • 15.38.1 A charging order expires 2 years after the date of the charging order unless, before the expiry of that period,—

    • (a) the charging order is extended under rule 15.38.2; or

    • (b) the charging order has led to a sale order and a person registers any of the following in relation to the land or mining privilege under that sale order:

      • (i) an instrument of transfer:

      • (ii) a deed of conveyance:

      • (iii) an assignment.

    15.38.2 The court or a Registrar may, if the court or Registrar thinks fit in the interests of justice, extend the 2-year period in any case by any period the court or Registrar considers necessary.

    15.38.3 A charging order that has expired ceases to bind the land or mining privilege affected and is treated as having been discharged.

    Compare: SR 1992/109 r 600; SR 2009/257 r 15.40

    Rule 15.38: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.39 Property other than land that may be charged
  • Section 96A(1A) of the Act specifies which kinds of property other than land may be subject to a charging order.

    Compare: SR 1992/109 r 601; SR 2009/257 r 15.41

    Rule 15.39: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.40 Interim charging order
  • 15.40.1 A charging order under rule 15.39

    • (a) is a limited charging order until sufficient cause is shown to the contrary; and

    15.40.2 An interim charging order must be served on the person it is intended to affect.

    15.40.3 If an interim charging order is intended to affect an estate, a right, or an interest in land held under or because of any trust,—

    • (a) that interim charging order may also be registered against the land; or

    • (b) a caveat may be entered in respect of the interim charging order.

    Compare: SR 1992/109 r 602; SR 2009/257 r 15.42

    Rule 15.40: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.41 Effect of interim charging order
  • 15.41.1 A person served with an interim charging order must refrain from—

    • (a) making, agreeing to, or allowing any conveyance, transfer, assignment, or disposition of any estate, right, or interest, or of any share in a partnership or company, of the judgment debtor; or

    • (b) paying over any income, interest, dividends, bonus, profits, or other money due or accruing due to the judgment debtor.

    15.41.2 However, rule 15.41.1 does not prevent a person from doing any of those things in accordance with these rules or with the leave of the court or a Registrar.

    Compare: SR 1992/109 r 603; SR 2009/257 r 15.43

    Rule 15.41: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.42 Liability for breach of interim charging order
  • 15.42.1 The court may order a person who breaches rule 15.41 to pay the judgment creditor—

    • (a) the amount of money paid, or the value of the property disposed of, in breach of that rule; or

    • (b) a sufficient part of the money paid to satisfy the judgment or order that the judgment creditor has obtained in the proceeding.

    15.42.2 An order made under rule 15.42.1 may be in addition to, or in place of, any penalty that may be imposed under any other rule.

    Compare: SR 1992/109 r 604; SR 2009/257 r 15.44

    Rule 15.42: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.43 Money may be paid into court
  • A person served with an interim charging order may pay into court any money to abide the order of the court.

    Compare: SR 1992/109 r 605; SR 2009/257 r 15.45

    Rule 15.43: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.44 Application to make interim charging order final
  • 15.44.1 The judgment creditor may, at any time after obtaining the interim charging order, apply to the court to have the interim charging order made final.

    15.44.2 The application must be made on notice and must be in form 60.

    15.44.3 The court or a Registrar may make orders and give directions for the disposal of money paid into court under rule 15.43 as the court or Registrar thinks fit in the interests of justice.

    Compare: SR 1992/606 r 606; SR 2009/257 r 15.46

    Rule 15.44: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Miscellaneous provisions relating to charging orders

  • Heading: inserted, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.45 Costs of charging orders
  • The judgment creditor may, unless the court or a Registrar otherwise directs, recover from the judgment debtor against whom a charging order has been made the fees, costs, and expenses incurred in respect of, and incidental to, the making of the charging order.

    Compare: SR 1992/109 r 607; SR 2009/257 r 15.47

    Rule 15.45: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.46 Removal of final charging order to High Court
  • 15.46.1 A judgment creditor who has obtained a final charging order may apply to a Registrar of the District Court for the removal of that charging order to the High Court in order that the charging order may be enforced in the same way as if it had been issued by the High Court.

    15.46.2 On removal of the charging order, the High Court must determine any matter raised relating to the charging order in the same way as if the charging order had been issued by the High Court.

    Compare: SR 1992/109 r 608; SR 2009/257 r 15.48

    Rule 15.46: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Warrants to seize property

  • Heading: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.47 Application for warrant to seize property
  • 15.47.1 A judgment creditor who wants a warrant to seize property issued must file an application in form 61.

    15.47.2 The application must not be filed until 48 hours after judgment has been given, or the order made, unless the Judge gives leave for immediate enforcement.

    15.47.3 The Registrar must record the precise time at which the application is made to issue the warrant.

    Compare: SR 1992/109 r 609; SR 2009/257 r 15.49

    Rule 15.47: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.48 Order of priority
  • If more than 1 warrant to seize property is issued against the same person, the warrants must be executed in the order of the times recorded under rule 15.47.3.

    Compare: SR 1992/109 r 610; SR 2009/257 r 15.50

    Rule 15.48: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.49 Issue, duration, and renewal
  • 15.49.1 A warrant to seize property—

    • (a) must be issued by a Registrar in an approved form:

    • (b) may be addressed to any bailiff or constable.

    15.49.2 An unenforced warrant to seize property—

    • (a) expires 1 year after the date of issue unless it is renewed; and

    • (b) may be renewed for 1 year, by leave of the court or a Registrar, before the warrant expires; and

    • (c) may be renewed more than once.

    15.49.3 The Registrar must keep a note of every renewal.

    15.49.4 A warrant that has been renewed has effect and takes priority according to the time of its original issue.

    Compare: SR 1992/109 r 611; SR 2009/257 r 15.51

    Rule 15.49: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.50 Enforcement against firm
  • 15.50.1 Enforcement in the case of a judgment or an order against a firm may issue—

    • (a) against any property of the partnership:

    • (b) against any person who has admitted in the proceeding that he or she was a partner when the cause of action arose, or who has been found liable as a partner:

    • (c) against any person who was individually served with the summons as a partner or a person sought to be made liable if—

      • (i) judgment was entered against the person on a summary judgment application where the person failed to serve a response or to file and serve a statement of defence; or

      • (ii) the person failed to appear at the hearing (if any).

    15.50.2 A party who has obtained a judgment or an order, and who claims to be entitled to issue enforcement against any other person as a partner, may apply to the court for leave to do so, and the following provisions apply:

    • (a) the party must give the alleged partner at least 3 working days’ notice of the application:

    • (b) the notice must be served on the alleged partner personally:

    • (c) on the hearing of the application, the court may, if liability is not disputed, give leave to issue enforcement:

    • (d) if liability is disputed, the court may order the issue of liability to be heard in any manner it thinks fit and may give all necessary directions for that purpose.

    15.50.3 A judgment against a firm must not render liable, release, or otherwise affect any partner who was out of New Zealand when the summons was issued, unless that partner has been individually served with the summons.

    15.50.4 Rule 15.50.3 does not apply to a judgment against the property of the partnership.

    Compare: SR 1992/109 r 612; SR 2009/257 r 15.52

    Rule 15.50: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.51 Concurrent warrants to seize property
  • 15.51.1 Warrants to seize property may be issued concurrently for enforcement in 1 or more courts.

    15.51.2 The costs of more than 1 warrant to seize property must not be allowed except by order of the court or a Registrar.

    Compare: SR 1992/109 r 613; SR 2009/257 r 15.53

    Rule 15.51: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.52 Costs of warrants to seize property
  • The costs of warrants to seize property, whether enforced, unenforced, or unproductive, must be allowed against the enforcement debtor unless—

    • (a) the court or a Registrar otherwise orders; or

    • (b) these rules provide otherwise.

    Compare: SR 1992/109 r 614; SR 2009/257 r 15.54

    Rule 15.52: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.53 Holding over enforcement and withdrawing from possession
  • 15.53.1 At any time before enforcement, the enforcement creditor may require the bailiff to return the warrant to seize property to the court.

    15.53.2 If the enforcement creditor requests the bailiff to withdraw from possession,—

    • (a) the enforcement creditor is, unless rule 15.53.4 applies, treated as having abandoned the enforcement; and

    • (b) the bailiff must record that the warrant was withdrawn by request of the enforcement creditor.

    15.53.3 If the request to withdraw is made in consequence of a claim under rule 15.89 to the seized goods, the enforcement is treated as having been abandoned only in respect of the goods claimed.

    15.53.4 The bailiff must record that the warrant was suspended by request of the enforcement creditor, if the enforcement creditor—

    • (a) requests the bailiff to withdraw from possession; and

    • (b) at the same time, authorises the bailiff to re-enter by filing an authority in form 63 authenticated by the enforcement debtor.

    Compare: SR 1992/109 r 615; SR 2009/257 r 15.55

    Rule 15.53: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.54 Reissue of warrant to seize property
  • 15.54.1 A warrant to seize property that has been returned or suspended under rule 15.53 may not be reissued until after the enforcement creditor applies to a Registrar to reissue the warrant.

    15.54.2 If an application is made to reissue a warrant,—

    • (a) the Registrar must record the date and the precise time of the application; and

    • (b) for the purposes of rules 15.47.3 and 15.48, the reissued warrant is treated as having been applied for at the time so recorded.

    15.54.3 Nothing in this rule—

    • (a) prejudices any right of the enforcement creditor to apply for a fresh warrant; or

    • (b) authorises the reissue of a warrant that has been withdrawn, has expired, or has been superseded by the issue of a fresh warrant.

    Compare: SR 1992/109 r 615; SR 2009/257 r 15.56

    Rule 15.54: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.55 Possession fees
  • A possession fee is not payable if an enforcement is paid out at the time of seizure; but a possession fee is payable if the bailiff, out of necessity, has to place a person in possession of the goods even though enforcement is paid out on the same day.

    Compare: SR 1992/109 r 616; SR 2009/257 r 15.57

    Rule 15.55: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.56 Bailiff to make inventory
  • 15.56.1 If goods are seized in enforcement, the bailiff or a Registrar must provide to the enforcement debtor—

    • (a) a sufficient inventory of the goods seized; and

    • (b) notice, in form 64, of the time at which, and place where, the goods will be sold.

    15.56.2 The inventory and notice must—

    • (b) be left at the place where the goods were seized or sent by post addressed to the enforcement debtor at that place.

    15.56.3 The inventory must be given or sent at the time, or immediately after, the goods are seized.

    15.56.4 The notice must be given or sent at least 24 hours before the time fixed for the sale.

    Compare: SR 1992/109 r 617; SR 2009/257 r 15.58

    Rule 15.56: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.57 Accounts of sale
  • If goods are sold under an enforcement, the bailiff must, at the request of the enforcement debtor, provide the enforcement debtor with a detailed account of the sale and the application of the proceeds.

    Compare: SR 1992/109 r 618; SR 2009/257 r 15.59

    Rule 15.57: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.58 Bailiff to furnish statements to Registrar
  • 15.58.1 The bailiff must deliver to a Registrar immediately after seizure an inventory of all cheques, bills of exchange, promissory notes, bonds, and other securities for money seized or taken by the bailiff under a warrant to seize property.

    15.58.2 When returning a warrant after enforcement, the bailiff must also provide—

    • (a) a copy of the inventory of the goods signed by the bailiff; and

    • (b) if the goods have been sold,—

      • (i) a statement setting out opposite each article the price realised at the sale; and

      • (ii) a balance sheet in respect of the proceeds of the warrant and expenses in form 65.

    15.58.3 If, after a diligent search, the bailiff cannot find any goods to seize, the bailiff must report in form 66 the outcome of the search.

    15.58.4 The Registrar must—

    • (a) require that the bailiff provide to the Registrar the various statements, reports, and balance sheets required by these rules, accompanied by vouchers for all disbursements; and

    • (b) examine those documents.

    15.58.5 A warrant returned in accordance with rule 15.58.2 or 15.58.3 may not be enforced except under rule 15.59.

    Compare: SR 1992/109 r 619(1)–(5); SR 2009/257 r 15.60

    Rule 15.58: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.59 Court may order enforcement on returned warrant to seize property
  • 15.59.1 After a warrant is returned in accordance with rule 15.58, the court may order that the warrant be enforced against any goods referred to or specified in the order, if satisfied that—

    • (a) there are reasonable grounds to believe that the enforcement debtor or any person on behalf of the enforcement debtor has control or possession of goods that could have been seized under the warrant; and

    • (b) no bankruptcy petition based on the enforcement or on the return has been filed.

    15.59.2 If an order is made under rule 15.59.1, the warrant—

    • (a) continues in force for the purposes of the order; and

    • (b) has the same duration and the same priority in respect of enforcement as it had under these rules when it was originally issued.

    15.59.3 Rule 15.59.1 does not apply to any warrant that would have expired under rule 15.49.

    Compare: SR 1992/109 r 619(6); SR 2009/257 r 15.61

    Rule 15.59: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.60 Application for private sale
  • 15.60.1 At least 48 hours’ notice must be given on any application under section 89 of the Act for an order that a sale under a warrant to seize property may be made other than by public auction.

    15.60.2 Notice must be served on the bailiff and on all other parties having an interest in the enforcement.

    15.60.3 The court or a Registrar may direct that the costs of any party attending be paid by any other party, or otherwise as the court or Registrar thinks fit in the interests of justice.

    Compare: SR 1992/109 r 620; SR 2009/257 r 15.62

    Rule 15.60: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Delivery of chattels

  • Heading: inserted, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.61 Warrant for recovery of chattels
  • 15.61.1 A plaintiff who has obtained a judgment or an order for the delivery of specific chattels may apply to a Registrar in form 61A.

    15.61.2 On receiving the application, the Registrar may issue a warrant in form 68 to the bailiff requiring that the bailiff demand and seize the specific chattels (if they can be found) and deliver them to the plaintiff.

    Compare: SR 1992/109 r 622; SR 2009/257 r 15.64

    Rule 15.61: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.62 Warrant of committal
  • Any application for a warrant of committal to enforce a judgment or an order for the delivery of specific chattels must be made and dealt with in accordance with rules 15.66 and 15.67.

    Compare: SR 1992/109 r 623; SR 2009/257 r 15.65

    Rule 15.62: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.63 Warrant to seize property for value of chattels and for damages, etc
  • 15.63.1 A plaintiff may apply to the court on notice to fix the value of chattels if the court has not fixed the value at the hearing.

    15.63.2 If possession of chattels has not been obtained under a warrant issued under rule 15.61, a Registrar may, once the value of the chattels has been fixed, issue a warrant to seize property in an approved form, to recover—

    • (a) the value fixed for the chattels; and

    • (b) any costs and damages awarded at the hearing for detention (unless separate enforcement has been issued).

    15.63.3 Rule 15.63.2 does not prejudice the right of the plaintiff to obtain enforcement, concurrently or at any earlier or later time, for the plaintiff’s costs of suit and any damages awarded to the plaintiff for the detention of the chattels.

    Compare: SR 1992/109 r 624; SR 2009/257 r 15.66

    Rule 15.63: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.64 Where possession ordered to be taken until security given
  • 15.64.1 The bailiff must make an inventory and appraisement of goods that the bailiff has taken possession of under any warrant that—

    • (a) directs the bailiff to take possession of the goods until security is given by some party for the safe keeping of the goods, or for the payment of their value in default of safe keeping; but

    • (b) does not specify the amount of security.

    15.64.2 The amount that the bailiff may receive as a deposit under rule 15.64.3 is—

    • (a) the amount of the appraisement; or

    • (b) the amount approved by a Registrar as sufficient security for—

      • (i) the safe keeping of the goods; and

      • (ii) delivering possession of the goods on request.

    15.64.3 On receiving the deposit, the bailiff must relinquish possession of the goods on the condition that the goods must be redelivered to the bailiff on request or held to abide the order of the court.

    Compare: SR 1992/109 r 625; SR 2009/257 r 15.67

    Rule 15.64: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Recovery of land

  • Heading: inserted, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.65 Warrant to recover land
  • 15.65.1  A plaintiff or judgment creditor who has obtained a judgment or an order for the recovery of land may apply to a Registrar in form 61B for a warrant to recover the land.

    15.65.2 The Registrar may issue a warrant in form 70 for the recovery of land after the expiry of the day on which the defendant is required, by the judgment, to give possession of the land.

    15.65.3 An amount due under a judgment given in the proceeding for rent, mesne profits, damages, or costs may be recovered under a warrant in form 70 or by a warrant to seize property.

    Compare: SR 2009/257 rr 15.68, 15.69

    Rule 15.65: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Warrant of committal

  • Heading: inserted, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.66 Judgment or order enforceable by committal
  • 15.66.1 This rule applies to a judgment or an order that is—

    • (a) enforceable by committal; and

    • (b) made for the benefit of one party (the applicant) against another party (the respondent); and

    • (c) in the nature of an injunction.

    15.66.2 The Registrar must issue a copy of the judgment or order endorsed with a notice in form 71

    • (a) at the time the judgment or order is drawn up; or

    • (b) in any other case, at the request of the applicant.

    15.66.3 The endorsed copy of the judgment or order must be served on the respondent in the manner required under rule 3.44.2 (personal service).

    Compare: SR 1992/109 r 628(1); SR 2009/257 r 15.70

    Rule 15.66: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.67 Application for warrant of committal
  • 15.67.1 If the respondent fails to obey the judgment or order referred to in rule 15.66,—

    • (a)  a Registrar, at the request of the applicant, must issue a notice in form 72 not less than 2 working days after the date of service of the endorsed copy of the judgment or order, unless the Judge gives leave for the notice to be issued sooner; and

    • (b) the notice must be served on the respondent in the manner required under rule 3.44.2 (personal service).

    15.67.2 On the day named in the notice, the Judge may order a warrant of committal to be issued if satisfied that—

    • (a) the respondent has failed to obey the judgment or order; and

    • (b) if the respondent does not appear, the endorsed copy of the judgment or order and the notice have been served on the respondent.

    15.67.3 The order for the issue of the warrant must be in form 73, and the warrant, which must be signed by the Registrar, must be in form 74.

    15.67.4 A copy of the order must be served on the respondent either before or at the time the warrant is executed, unless the Judge otherwise orders.

    Compare: SR 1992/109 r 628(2)–(4); SR 2009/257 r 15.71

    Rule 15.67: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.68 Discharge of person in custody
  • 15.68.1 A person in custody under a warrant who wishes to apply for discharge must—

    • (a) file an affidavit specifying the grounds on which he or she applies for discharge; and

    • (b) not less than 24 hours before the application is made, serve on the party (if any) at whose instance the warrant of committal was issued a copy of the affidavit and a notice of his or her intention to make the application.

    15.68.2 If the order of committal directs that the application for discharge must be made to the Judge, it may be made at any place appointed by the Judge.

    15.68.3 If the order of committal does not direct that the application must be made to the Judge, it may be made to a Registrar.

    15.68.4 The order for discharge must be in form 75.

    Compare: SR 1992/109 r 629; SR 2009/257 r 15.72

    Rule 15.68: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.69 Release on bail pending hearing of application for discharge from custody
  • 15.69.1 A person intending to apply for discharge from custody under rule 15.68.1 may, at the time the affidavit under rule 15.68.1(a) is filed, apply to the Judge to be released on bail pending the hearing of the application for discharge from custody.

    15.69.2 An application under rule 15.69.1 must be served on the party (if any) at whose instance the warrant of committal was issued at the same time as the affidavit under rule 15.68.1(a) is served.

    15.69.3 The order for release on bail under this rule may be made subject to any conditions that the Judge may impose.

    Compare: SR 1992/109 r 630; SR 2009/257 r 15.73

    Rule 15.69: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

Garnishee proceedings

  • Heading: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.70 Interpretation
  • In rules 15.71 to 15.88, unless the context otherwise requires,—

    judgment creditor means a person who has obtained a judgment or an order for the payment of money

    judgment debtor means the person against whom a judgment or an order for the payment of money has been made

    sub-debtor means a person against whom a garnishee order is made or sought in respect of any debt owing from the sub-debtor to the judgment debtor.

    Compare: SR 1992/109 r 631; SR 2009/257 r 15.74

    Rule 15.70: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.71 Garnishee proceeding
  • A judgment creditor may take a garnishee proceeding in accordance with rules 15.72 to 15.88.

    Compare: SR 1992/109 r 631; SR 2009/257 r 15.75

    Rule 15.71: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.72 Where debt exceeds $200,000
  • A garnishee proceeding may be taken even if the amount of debt owing or accruing from the sub-debtor to the judgment debtor exceeds $200,000.

    Compare: SR 1992/109 r 632; SR 2009/257 r 15.76

    Rule 15.72: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.73 Starting proceeding
  • 15.73.1 A garnishee proceeding is started by the judgment creditor filing an affidavit in form 76.

    15.73.2 On the filing of the affidavit, the Registrar must issue a garnishee summons to the sub-debtor in form 77 and a notice to the judgment debtor in form 78.

    Compare: SR 1992/109 r 633; SR 2009/257 r 15.77

    Rule 15.73: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.74 Service and effect of service
  • 15.74.1 At least 15 working days before the day of the hearing,—

    • (a) the summons must be served on the sub-debtor personally; and

    • (b) the notice must be served on the judgment debtor personally.

    15.74.2 When it is served on the sub-debtor, the summons binds in the hands of the sub-debtor as much of the debt owing or accruing from the sub-debtor to the judgment creditor as will satisfy—

    • (a) the debt due under the judgment or order; and

    • (b) the costs entered on the summons.

    Compare: SR 1992/109 r 634; SR 2009/257 r 15.78

    Rule 15.74: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.75 Statement to be filed by sub-debtor in respect of deposit or other accounts
  • 15.75.1 This rule applies if—

    • (a) the debt alleged to be due from the sub-debtor comprises a sum that—

      • (i) stands to the credit of the judgment debtor with the sub-debtor; and

      • (ii) is on deposit with the sub-debtor or is held by the sub-debtor in a current or other account (for example, a deposit account); and

    • (b) it is a condition of the deposit or account that a deposit book, receipt for money paid, or other like document must be produced before any money is withdrawn.

    15.75.2 When this rule applies, the sub-debtor must, as soon as practicable after being served with the summons, and at least 3 working days before the date of hearing,—

    • (a) file a statement in form 79 in the court office; and

    • (b) serve that statement on the judgment creditor and the judgment debtor.

    Compare: SR 1992/109 r 635; SR 2009/257 r 15.79

    Rule 15.75: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.76 Payment into court by sub-debtor
  • 15.76.1 The sub-debtor may, at any time before the day of the hearing, pay into court—

    • (a) the amount admitted to be due from the sub-debtor to the judgment debtor; or

    • (b) if the amount admitted is more than sufficient to satisfy the amount due under the judgment or order and the costs entered on the summons, a sum sufficient to satisfy that amount and those costs.

    15.76.2 The sub-debtor is treated as having been discharged from the proceeding if—

    • (a) the amount admitted to be due from the sub-debtor to the judgment debtor is less than the amount claimed to be owing under the summons; and

    • (b) the judgment creditor files in the court and serves on the judgment debtor and sub-debtor a notice that the judgment creditor accepts the amount.

    Compare: SR 1992/109 r 636; SR 2009/257 r 15.80

    Rule 15.76: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.77 Payment out of court of money paid by sub-debtor
  • 15.77.1 Money paid into court by the sub-debtor may be paid out to the judgment creditor before the day of hearing by a Registrar on production of the written consent of the judgment debtor.

    15.77.2 In the absence of the judgment debtor’s written consent, the court may, on the day of the hearing, after hearing the judgment creditor and the judgment debtor, if they appear, make any order in the proceedings, including an order for costs, that it thinks fit in the interests of justice.

    Compare: SR 1992/109 r 637; SR 2009/257 r 15.81

    Rule 15.77: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.78 Garnishee order where sub-debtor does not pay into court or appear
  • 15.78.1 The court may make an order under rule 15.78.2 if—

    • (a) the sub-debtor does not, before the day of the hearing, pay into court—

      • (i) the amount admitted to be due from the sub-debtor to the judgment debtor or an amount sufficient to satisfy that part of the judgment or order that is unsatisfied; and

      • (ii) the costs entered on the garnishee summons; and

    • (b) the sub-debtor does not, on the day of the hearing, appear and dispute the debt alleged to be due from the sub-debtor to the judgment debtor; and

    • (c) the judgment debtor does not appear on the day of the hearing and show cause to the contrary.

    15.78.2 If rule 15.78.1 applies, the court may order the sub-debtor to pay the judgment creditor—

    • (a) the amount due from the sub-debtor to the judgment debtor or an amount sufficient to satisfy the judgment or order against the judgment debtor; and

    • (b) costs.

    15.78.3 A garnishee order made under this rule—

    • (a) must be entered in the court records:

    • (b) may be enforced as a judgment of the court.

    Compare: SR 1992/109 r 638; SR 2009/257 r 15.82

    Rule 15.78: replaced, on 14 April 2014, by rule 8 of the District Courts (Civil Enforcement) Amendment Rules 2013 (SR 2013/411).

15.79 Order in other cases
  • 15.79.1 A sub-debtor who wishes to dispute liability must, within 5 working days after the service of the summons on the sub-debtor inclusive of the day of