High Court Amendment Rules (No 2) 2009

2009/334

Crest

High Court Amendment Rules (No 2) 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 27th day of October 2009

Present:
His Excellency the Governor-General in Council

Pursuant to section 51C of the Judicature Act 1908, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules.

Rules

1 Title

  • These rules are the High Court Amendment Rules (No 2) 2009.

2 Commencement

  • These rules come into force on 1 December 2009.

3 Principal rules amended

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

4 New rule 3.3A inserted

  • The following rule is inserted after rule 3.3:

    “3.3A Vacations

    • “(1) There is to be a long vacation beginning on 20 December and ending with the close of 31 January.

      “(2) There is to be an Easter vacation beginning on the day before Good Friday and ending with the close of the Saturday following Easter.”

5 Who may swear affidavit of documents

  • Rule 8.30(2)(b) is amended by omitting “a registry” and substituting “an office”.

6 Issue of subpoenas

  • Rule 9.52 is amended by adding the following subclause:

    • “(4) Upon receiving a written request under this rule the Registrar must forthwith issue the order or orders of subpoena requested.”

7 New subpart 6 of Part 10 inserted

  • The following subpart is inserted after rule 10.22:

    “Subpart 6—Hearings by video link

    “10.23 Interpretation

    • In this subpart,—

      “eligible persons means the persons that the Judge considers should be treated as eligible persons for the purposes of a hearing by video link

      “judicial location means the courtroom or other place where the Judge hearing a matter by video link is located

      “remote location means the courtroom or other place, outside the judicial location, where a party, witness, counsel, or other person participating in the hearing of a matter by video link is located

      “video link means facilities that enable audio and visual communication between persons at a judicial location and persons at a remote location.

    “10.24 Judge may preside at hearing of certain matters by video link

    • “(1) For the purposes of section 26IB of the Act, a Judge may, by video link, preside at the hearing of any matter referred to in section 26I of the Act.

      “(2) A Judge may direct that a matter be heard by video link on the application of 1 or more parties or on the Judge's own initiative.

      “(3) This rule is subject to rule 10.25.

      “(4) This rule does not limit or affect the inherent jurisdiction of the court.

    “10.25 Requirements for hearing by video link

    • A Judge must not preside at the hearing of a matter by video link under rule 10.24 unless he or she is satisfied that—

      • “(a) the judicial location and every remote location is equipped with facilities that will—

        • “(i) enable all eligible persons at every remote location to see and hear the Judge and all eligible persons at the judicial location; and

        • “(ii) enable the Judge and all eligible persons at the judicial location to see and hear all eligible persons at every remote location; and

        • “(iii) enable any document necessary for the purposes of the hearing to be viewed at both the judicial location and every remote location; and

      • “(b) use of a video link is, in all the circumstances, consistent with fairness and the interests of justice.

    “10.26 Incidental directions

    • “(1) A Judge presiding at the hearing of a matter by video link under rule 10.24 may give directions concerning the procedure for the hearing as he or she thinks fit.

      “(2) Without limiting subclause (1), the Judge may—

      • “(a) direct that an officer of the court, or other person approved by the court, be present to operate video equipment:

      • “(b) direct that an officer of the court, or other person approved by the court, be present to assist in the hearing, and in particular to—

        • “(i) introduce persons appearing or witnesses giving evidence:

        • “(ii) assist with the administration of oaths and affirmations:

        • “(iii) assist with the implementation of any directions or requests given or made by the Judge:

      • “(c) direct seating arrangements at a remote location to ensure all participants in the hearing can be seen and heard:

      • “(d) direct when the video link must be operational in relation to his or her own entry to, or rising from, the judicial location.”

8 New rule 19.12A inserted

  • The following rule is inserted after rule 19.12:

    “19.12A Special provisions for service of applications to remove caveats or set aside statutory demands

    • “(1) An originating application under section 143 of the Land Transfer Act 1952 for the removal of a caveat may be served, in accordance with rule 6.5, at the address for service stated in the caveat.

      “(2) An originating application under section 290 of the Companies Act 1993 to set aside a statutory demand may be served, in accordance with rule 6.5, at the address shown in the statutory demand as the creditor's address or the address for payment.”

9 Schedule 1 amended

  • Form G 25 of Schedule 1 is amended by revoking paragraph 3 and substituting the following paragraph:

    • “3 This order of subpoena is issued by [full name], the party/solicitor for the party.*”

      “*Select one.”
10 Schedule 4 amended

  • Schedule 4 is amended by revoking clause 7 and substituting the following clause:

    • “7 In conferring with another expert witness, the expert witness must exercise independent and professional judgment, and must not act on the instructions or directions of any person to withhold or avoid agreement.”

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules amend the High Court Rules introduced by the Judicature (High Court Rules) Amendment Act 2008.

They come into force on 1 December 2009.

Rule 4 makes provision for a long vacation and the Easter vacation, which had not been included in the new High Court Rules.

Rules 5 and 10 correct minor errors in the new High Court Rules.

Rules 6 and 9 amend rule 9.52 and Form G 25 to clarify the Registrar's duty when a request to issue a subpoena is received, and to make it unnecessary to obtain the leave of a High Court Judge.

Rule 7 reintroduces a detailed procedure for hearings by video link that was first introduced into the previous High Court Rules by rule 5 of the High Court Amendment Rules (No 3) 2006 (SR 2006/211).

Rule 8 authorises the service of certain originating applications at the address for service given in the legal documents to which they are responding.

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

Date of notification in Gazette: 29 October 2009.

These rules are administered by the Ministry of Justice.