High Court Amendment Rules (No 2) 2010

2010/394

Coat of Arms of New Zealand

High Court Amendment Rules (No 2) 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 1st day of November 2010

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 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.

Contents

1 Title

2 Commencement

3 Principal rules amended

Part 1
Miscellaneous amendments

4 Information at foot of cover page

5 Matters to be considered at case management conferences for proceedings other than appeals

6 New rule 11.6A inserted

7 Judgments to be sealed, dated, and served

8 Heading of documents

9 Application for adjudication by creditor

10 Notification of order appointing Official Assignee as receiver and manager

11 Issue of warrant of arrest

12 Applications without notice

13 Registrars may make some orders

Part 2
Constituency election petitions

14 Revocation of constituency election petition rules

Part 3
Tauranga registry cases

15 New rule 10.1 substituted

16 Date of hearing

Part 4
Limitation Act 2010 changes

17 Calculating periods of time

18 Filing of amended pleading

19 When leave to issue enforcement process necessary

Part 5
Unit Titles Act 2010 procedure

20 Applications under certain enactments

Part 6
Proper registry for classified information applications

21 Identification of proper registry

Part 7
Amendments to Schedule 1 of the High Court Rules

22 New forms substituted

23 New forms inserted

24 Amendments to forms G 34, G 38, G 39, J 1 to J 4, AD 11, and AD 12

25 Form G 6 amended

26 Form G 7 amended

27 Form G 32 amended

28 Form G 37 amended

29 Form E 5 amended

30 Forms E 8 to E 12 amended

31 Form CL 2 amended

32 Admiralty forms amended

33 Form Arb 2 amended

34 Form C 9 amended

35 Form B 2 amended

Part 8
Amendment to Schedule 3

36 Schedule 3 amended

Schedule 1
Substituted forms

Schedule 2
New forms


Rules

1 Title
  • These rules are the High Court Amendment Rules (No 2) 2010.

2 Commencement
  • (1) These rules (other than Part 5 and Part 6) come into force on 1 January 2011.

    (2) Part 5 comes into force on the date when the Unit Titles Act 2010 comes into force.

    (3) Part 6 comes into force on 2 December 2010.

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

Part 1
Miscellaneous amendments

4 Information at foot of cover page
  • (1) The heading to rule 5.16 is amended by omitting page and substituting sheet.

    (2) Rule 5.16(1) is amended by omitting page and substituting sheet.

5 Matters to be considered at case management conferences for proceedings other than appeals
6 New rule 11.6A inserted
  • The following rule is inserted after rule 11.6:

    11.6A General court order
    • (1) This rule applies to any order of the court, other than an order on an interlocutory application or an order that under these rules must or may be drawn up in a particular form.

      (2) When this rule applies, the order of the court must be in form G 40.

7 Judgments to be sealed, dated, and served
8 Heading of documents
  • Rule 19.9 is amended by revoking subclause (2) and substituting the following subclause:

    • (2) However, if there is neither a defendant nor a respondent to the proceeding, the heading must be in the following form:

      In the matter of [title of enactment]

      And

      In the matter of an application by

      [full name, place of residence, occupation] for an order that [specify nature of the order(s) being sought].

9 Application for adjudication by creditor
  • Rule 24.11 is amended by adding the following subclause:

    • (5) An order of adjudication made on the application must be in form B 16.

10 Notification of order appointing Official Assignee as receiver and manager
  • Rule 24.24 is amended by adding the following subclause:

    • (4) The order referred to in this rule must be in form B 17.

11 Issue of warrant of arrest
  • Rule 25.35(3) is amended by omitting 24.34 and substituting 25.34.

12 Applications without notice
  • Rule 27.4(4) is amended by inserting 7.23(2) after rule.

13 Registrars may make some orders
  • (1) Rule 27.14(2)(g) is amended by omitting rule 27.10(6)(b) and substituting rules 27.10(6)(b) and 27.10(7).

    (2) Rule 27.14(2) is amended by adding ; and and also by adding the following paragraph:

    • (m) rule 7.23(5).

Part 2
Constituency election petitions

14 Revocation of constituency election petition rules
  • Part 15 and forms 83 to 88 of the High Court Rules (relating to constituency election petitions), which continued in force under section 8(2) of the Judicature (High Court Rules) Amendment Act 2008 despite the enactment of the Constituency Election Petition Rules 2008 superseding those provisions, are revoked as from 1 February 2009.

Part 3
Tauranga registry cases

15 New rule 10.1 substituted
  • Rule 10.1 is revoked and the following rule is substituted:

    10.1 Venue and changing it
    • (1) The place of trial is the town where the registry of the court in which the statement of defence is to be filed is situated.

      (2) Despite subclause (1), if that registry is in Masterton, the place of trial is Wellington.

      (3) Despite subclause (1), if that registry is in Tauranga, the court may direct at any time that the place of trial is either Hamilton or Rotorua.

      (4) Despite subclauses (1) to (3), the court may at any time order that the proceeding be tried at a place—

      • (a) that the parties consent to; or

      • (b) where the proceeding can be more conveniently or more fairly tried.

      (5) When the court orders a change of venue, it may direct that all subsequent steps in the proceeding be taken at the place where the trial is to take place.

16 Date of hearing
  • Rule 31.6(2) is amended—

    • (a) by omitting ; or from paragraph (c); and

    • (b) by revoking paragraph (d).

Part 4
Limitation Act 2010 changes

17 Calculating periods of time
  • Rule 1.17(3) is amended by omitting 1950 wherever it appears and substituting in each case 2010.

18 Filing of amended pleading
  • (1) Rule 7.77(2)(a) is amended by inserting relief in respect of before a fresh cause of action,.

    (2) Rule 7.77(4) is amended by omitting served and substituting filed.

19 When leave to issue enforcement process necessary
  • (1) Rule 17.9(2)(b) is amended by inserting (which for a judgment that is an arbitral award entered as a judgment has the meaning given to it by subclause (2A)) after the date of the judgment.

    (2) Rule 17.9 is amended by inserting the following subclause after subclause (2):

    • (2A) Date of the judgment in subclause (2)(b) for a judgment that is an arbitral award entered as a judgment means the date on which the award became enforceable by action in New Zealand.

Part 5
Unit Titles Act 2010 procedure

20 Applications under certain enactments
  • Rule 19.2 is amended by inserting the following paragraph after paragraph (z):

    • (za) sections 74, 140, 141, 165, 187, 193, 196, 197, 210, 211, and 214 of the Unit Titles Act 2010.

Part 6
Proper registry for classified information applications

21 Identification of proper registry
  • Rule 5.1(1) is amended by adding the following paragraph:

    • (e) despite paragraphs (a) to (c), the court at Wellington or the court at Auckland in the case of applications under the Immigration Act 2009 in proceedings involving classified information.

Part 7
Amendments to Schedule 1 of the High Court Rules

22 New forms substituted
23 New forms inserted
  • Schedule 1 is amended by inserting, in their appropriate order, the forms G 40, B 16, and B 17 as set out in Schedule 2 of these rules.

24 Amendments to forms G 34, G 38, G 39, J 1 to J 4, AD 11, and AD 12
25 Form G 6 amended
  • Form G 6 is amended by omitting form G 2, G 4, or G 5 and substituting form G 3, G 4, or G 5.

26 Form G 7 amended
  • Form G 7 is amended by inserting the following above paragraph 1:

    Complete and attach the memorandum as set out in form G 10.

27 Form G 32 amended
  • Form G 32 is amended by revoking paragraph 1 and substituting the following paragraph:

    • 1 The applicant, [name, place of residence, occupation], applies for an order/orders* [specify orders sought, numbering them if more than 1].

28 Form G 37 amended
  • Form G 37 is amended by omitting I, [full name, address], swear— and substituting I, [full name, place of residence, occupation], swear—.

29 Form E 5 amended
  • Form E 5 is amended by inserting Omit the following words if the order is issued as of right without judicial order. above Before the Honourable Justice [name, date].

30 Forms E 8 to E 12 amended
  • Forms E 8 to E 12 are amended by omitting [name of enforcing officer] wherever it occurs and substituting in each case the Sheriff at [place].

31 Form CL 2 amended
  • Form CL 2 is amended by omitting G 3 and substituting G 10.

32 Admiralty forms amended
  • (1) Forms AD 2, AD 4, and AD 5 are amended by omitting You may obtain the appropriate form at any registry of the High Court in each case from paragraph 1 under the heading Directions for entering appearance.

    (2) Form AD 5 is amended by omitting You must endorse the notice of proceeding before it is issued.

    (3) Forms AD 2, AD 4, and AD 5 are amended by inserting, in each case after the paragraphs under the heading Directions for entering appearance, the paragraph You must endorse the notice of proceeding before it is issued. The endorsement must contain a concise statement of the nature of the claim, the relief or remedy required, and the amount claimed (if any). In the case of a proceeding in rem add: The plaintiff claims against the [name of ship or describe property] under sections [specify] of the Admiralty Act 1973.

33 Form Arb 2 amended
  • Form Arb 2 is amended by revoking paragraph 1 and substituting the following paragraph:

    • 1 On [date] at [time], or as soon after that as the applicant may be heard, [name of party seeking leave] will seek leave to appeal from an award dated [date] made by [arbitral tribunal name(s)].

34 Form C 9 amended
  • Form C 9 is amended by revoking paragraph 4.

35 Form B 2 amended
  • (1) Paragraph 2 of form B 2 is amended by omitting a fee for filing a request for this notice of $[amount] and.

    (2) Form B 2 is amended by inserting the following paragraph after paragraph 2:

    • 3 A certified copy of the judgment or order on which this bankruptcy notice is based is attached.

      Date:

      (Deputy Registrar).

    (3) The Note to the form is amended by omitting item 18 and substituting item 17.

Part 8
Amendment to Schedule 3

36 Schedule 3 amended
  • (1) This rule amends Schedule 3.

    (2) Item 10 is amended by omitting Execution and substituting Enforcement.

    (3) Item 10.3 is amended by omitting Writ of sale and substituting Sale order.


Schedule 1
Substituted forms

r 22

Form E 6
Final charging order

r 17.40(2)

To [name of liable party]

This court orders that your estate, right, title, or interest in [property description] be charged with payment of the amount for which the entitled party, [name], has obtained judgment and $[amount], being the costs and disbursements incurred in obtaining this order. The total amount charged is $[amount]*.

*If this order seeks less than the full amount for which judgment was sealed, add the following words: (Less than the full amount of the judgment debt is being charged by this order.)

Date:

Deputy Registrar


Form E 7
Sale order

r 17.62(4)

To the Sheriff at [place]

  • 1 This court authorises and requires you or your authorised agent to seize all the land and chattels (which include money, cheques, bills of exchange, promissory notes, bonds, and other securities for money) of [name] (the liable party) except—

    • (a) necessary tools of trade to a value not exceeding $5,000; and

    • (b) necessary household furniture and effects to a value not exceeding $10,000 (including the clothes belonging to the liable party (and his or her family)).

  • 2 If money seized is not enough, you are authorised and required to obtain more money and deal with it in accordance with rules 17.62 to 17.79 of the High Court Rules. You are authorised and required to obtain more money by—

    • (a) receiving and recovering—

      • (i) the money payable to you under any cheques, bills of exchange, and promissory notes; or

      • (ii) money secured by bonds or other securities for money; and

    • (b) selling the liable party's seized chattels; and

    • (c) selling the liable party's estate, right, title, or interest in any land (whether it is in possession, remainder, reversion, or expectancy).

Note

The money seized will not be enough if it—

  • (a) cannot discharge any claims that by law are entitled to be paid in priority to the entitled party's claim; and

  • (b) cannot pay the costs and expenses of executing this order; and

  • (c) is not—

    • (i) the whole/portion* of the judgment debt sought by this order of $[amount]; and

    • (ii) interest at the rate for the time being prescribed by or under section 87 of the Judicature Act 1908 or at a different rate fixed by the court; and

    • (iii) subsequent costs/disbursements† of $[amount].

    *Select depending on whether enforcement is sought for less than the full amount for which judgment was sealed. If less than the full amount, add the following words: (, which is less than the full amount of the judgment debt).
    †Select one.

Date:

Deputy Registrar


Form PR 1
Affidavit for obtaining grant of probate

r 27.4

In the High Court of New Zealand

[Name of registry] Registry

No: [number of proceeding]

In the estate of [full name, place, occupation] (deceased)

I/We*, [full name, place of residence, occupation], swear/severally swear/solemnly and sincerely affirm/severally solemnly and sincerely affirm*—

*Select one.
  • 1 The deceased, [name as on cover sheet], whom I/we* knew, died at [place, country] on or about [date].

    *Select one.
  • 2 For this paragraph select the first of the following statements that applies.

  • Statement A
  • I was/We were* present when the deceased died.

    *Select one.
  • Statement B
  • I/We* attended the deceased’s funeral.

    *Select one.
  • Statement C
  • I/We* saw the deceased’s dead body.

    *Select one.
  • Statement D
  • The deceased is the person named [full name] in the death certificate/certified copy of the death certificate* that is attached and marked “A”.

    *Select one.
  • If the applicant or applicants for the grant did not know the deceased and does or do not know about the deceased’s death personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased or knows or know about the deceased’s death personally.

  • 3 When the deceased died, he/she* resided at [place, country].

    *Select one.
  • 4 The nearest registry† of this court to the place stated in paragraph 3, by the most practicable route, is [name of registry].

    †If the deceased did not reside in New Zealand when he or she died, rule 27.10(3) to (6) of the High Court Rules applies.
  • 5 I/We* believe the document dated [date] and marked “[specify]” now produced and shown to me/us* is the deceased’s last will.

    *Select one.
  • 6 Include this paragraph only if the deceased made a document (including a codicil) changing the will. If more than 1 codicil was made, amend this paragraph by referring to each of them as the first codicil or the second codicil, etc.

  • The deceased made a document/codicil* changing the will referred to in paragraph 5. I/We* believe the document dated [date] and marked [specify] now produced and shown to me/us* is that document/codicil*.

    *Select one.
  • 7 For this paragraph select the statement that applies.

  • Statement A
  • I am the executor/We are the executors* named in the will.

    *Select one.
  • Statement B
  • I am/We are* the surviving/substituted* executor/executors* named in the will.

    *Select one.
  • Statement C
  • I am the/I am an/We are the/We are some of the* executor/executors* of the will according to its tenor.

    *Select one.
  • 8 Include this paragraph only if it applies. Select the statement that applies.

  • Statement A
  • The deceased’s will was made on or after 1 November 2007. I am the deceased’s surviving spouse/surviving civil union partner*. When the deceased died, no order, decree, or enactment was in force between the deceased and myself providing for our separation or the dissolution of our marriage/civil union*.

    *Select one.
  • Statement B
  • The deceased’s will was made before 1 November 2007. I am the deceased’s surviving spouse. When the deceased died, no order, decree, or enactment was in force between the deceased and myself providing for the dissolution of our marriage.

  • Statement C
  • The deceased’s will was made on or after 1 November 2007. I am the deceased’s former spouse/former civil union partner*. When the deceased died, a [state details of order, decree, or enactment in force between the parties providing for their separation or the dissolution of their marriage or civil union] was in force. However, my appointment as executor is not void under section 19 of the Wills Act 2007 because [state why].

    *Select one.
  • Statement D
  • The deceased’s will was made before 1 November 2007. I am the deceased’s former spouse. When the deceased died, a [state details of order, decree, or enactment in force between the parties providing for the dissolution of their marriage] was in force. However, my appointment as executor is not void under section 19, as modified by section 40(2)(q), of the Wills Act 2007 because [state why].

  • 9 Include this paragraph only if it applies. Select the statement that applies.

  • Statement A
  • [Full name], the other executor named in the will, died at [place, country] on or about [date].

  • Statement B
  • [Full name], the other executor named in the will, renounced probate of the will by the renunciation document dated [date] that is attached and marked “[specify]”.

  • Statement C
  • The deceased’s will was made on or after 1 November 2007. [Full name], the other executor named in the will, is the deceased’s former spouse/former civil union partner*. Section 19 of the Wills Act 2007 makes the appointment void. The relevant document in force when the deceased died was [state details of order, decree, or enactment in force between the parties providing for their separation or the dissolution of their marriage or civil union]. A certified/sealed* copy of the document is attached and marked “[specify]”.

    *Select one.
  • Statement D
  • The deceased’s will was made before 1 November 2007. [Full name], the other executor named in the will, is the deceased’s former spouse. Section 19, as modified by section 40(2)(q), of the Wills Act 2007 makes the appointment void. The relevant document in force when the deceased died was [state details of order, decree, or enactment in force between the parties providing for the dissolution of their marriage]. A certified/sealed* copy of the document is attached and marked “[specify]”.

    *Select one.
  • Statement E
  • [Full name], the other executor named in the will, does not join in the application because he/she* is incapable of acting as an executor because [state why].

    *Select one.
  • Statement F
  • [Full name], the other executor named in the will, does not join in the application because he/she* is overseas at present. His/her* current address is [address]. I/We* gave notice to him/her* of his/her* appointment as executor under the will and of my/our* intention to make the application. A copy of the notice/An acknowledgment of the notice* is attached and marked “[specify]”.

    *Select one.
  • Statement G
  • [Full name], the other executor named in the will, does not join in the application because he/she* is 19 years old and is not, and never has been, married and is not, and never has been, in a civil union/is 18 years old and is not, and never has been, married and is not, and never has been, in a civil union/is not yet 18 years old*. He/she* was born on [date].

    *Select one.
  • Statement H
  • [If the applicant(s) are the executor(s) according to the tenor of the will, state the facts proving this.]

  • 10 If you selected statement A for paragraph 9, for this paragraph select the first of the following statements that applies, otherwise omit this paragraph.

  • Statement A
  • I was/We were* present when the other executor died.

    *Select one.
  • Statement B
  • I/We* attended the other executor’s funeral.

    *Select one.
  • Statement C
  • I/We* saw the other executor’s dead body.

    *Select one.
  • Statement D
  • The other executor is the person named [full name] in the death certificate that is attached and marked “[specify]”.

  • 11 I/We* will faithfully execute the will (including any document/codicil* changing the will) of which probate is granted in accordance with the law. If the court requires me/us* to, I/we* will file in the court and verify by affidavit—

    • (a) an accurate inventory of the deceased’s estate; and

    • (b) an account of the deceased’s estate that—

      • (i) is accurate; and

      • (ii) states the dates and details of all receipts and disbursements; and

      • (iii) states which of the receipts and disbursements were on capital account and which were on revenue account.

    *Select one.
    †Include words in the brackets only where such a document or codicil exists.

Severally sworn/affirmed* by both persons/by all of the persons* named above at [place, date]

or

Sworn/Affirmed* at [place, date]

before me:


*Select one.

[print name]

(A solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace)

*Select one.

Form PR 2
Affidavit for obtaining grant of letters of administration with will annexed

r 27.4

The cover sheet for this form should have the same heading as that set out in form PR 1.

No: [number of proceeding]

In the estate of [full name, place, occupation] (deceased)

I/We*, [full name, place of residence, occupation], swear/severally swear/solemnly and sincerely affirm/severally solemnly and sincerely affirm*—

*Select one.
  • 1 The deceased, [name as on cover sheet], whom I/we* knew, died at [place, country] on or about [date].

    Select one.
  • 2 For this paragraph select the first of the following statements that applies.

  • Statement A
  • I was/We were* present when the deceased died.

    *Select one.
  • Statement B
  • I/We* attended the deceased's funeral.

    *Select one.
  • Statement C
  • I/We* saw the deceased’s dead body.

    *Select one.
  • Statement D
  • The deceased is the person named [full name] in the death certificate/certified copy of the death certificate* that is attached and marked “A”.

    *Select one.
  • If the applicant or applicants for the grant did not know the deceased and does or do not know about the deceased’s death personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased and know(s) about the deceased’s death personally.

  • 3 When the deceased died, he/she* resided at [place, country].

    *Select one.
  • 4 The nearest registry† of this court to the place stated in paragraph 3, by the most practicable route, is [name of registry].

    †If the deceased did not reside in New Zealand when he or she died, rule 27.10(3) to (6) of the High Court Rules applies.
  • 5 I/We* believe the document dated [date] and marked “[specify]” now produced and shown to me/us* is the deceased’s last will.

    *Select one.
  • 6 Include this paragraph only if the deceased made a document (including a codicil) changing the will. If more than 1 codicil was made, amend this paragraph by referring to each of them, as the first codicil or second codicil, etc.

  • The deceased made a document/codicil* changing the will referred to in paragraph 5. I/We* believe the document dated [date] and marked [specify] now produced and shown to me/us* is that document/codicil*.

    *Select one.
  • 7 For this paragraph select the statement that applies.

  • Statement A
  • No executor is named in the will.

  • Statement B
  • [Full name], the sole executor named in the will, died at [place, country] on or about [date].

  • Statement C
  • [Full name], the sole executor named in the will, renounced probate of the will by the renunciation document dated [date] that is attached and marked “[specify]”.

  • Statement D
  • The deceased’s will was made on or after 1 November 2007. [Full name], the sole executor named in the will, is the deceased’s former spouse/former civil union partner*. Section 19 of the Wills Act 2007 makes the appointment void. The relevant document in force when the deceased died was [state details of order, decree, or enactment in force between the parties providing for their separation or the dissolution of their marriage or civil union]. A certified/sealed* copy of the document is attached and marked “[specify]”.

    *Select one.
  • Statement E
  • The deceased’s will was made before 1 November 2007. [Full name], the sole executor named in the will, is the deceased’s former spouse. Section 19, as modified by section 40(2)(q), of the Wills Act 2007 makes the appointment void. The relevant document in force when the deceased died was [state details of order, decree, or enactment in force between the parties providing for the dissolution of their marriage]. A certified/sealed* copy of the document is attached and marked “[specify]”.

    *Select one.
  • Statement F
  • [Full name], the sole executor named in the will, is incapable of acting as an executor because [state why].

  • Statement G
  • [Full name], the sole executor named in the will, is 19 years old and is not, and never has been, married and is not, and never has been, in a civil union/is 18 years old and is not, and never has been, married and is not, and never has been, in a civil union/is not yet 18 years old*. He/she* was born on [date].

    *Select one.
  • Statement H
  • [Full name], an executor named in the will, is an executor to whom section 19 of the Administration Act 1969 applies. No one entitled to apply for an order nisi under that section has done so within 4 months after the will-maker’s death.

  • 8 If you selected statement B for paragraph 7, for this paragraph select the first of the following statements that applies, otherwise omit this paragraph.

  • Statement A
  • I was/We were* present when the sole executor died.

    *Select one.
  • Statement B
  • I/We* attended the sole executor’s funeral.

    *Select one.
  • Statement C
  • I/We* saw the sole executor’s dead body.

    *Select one.
  • Statement D
  • The sole executor is the person named [full name] in the death certificate attached and marked “[specify]”.

  • 9 I am/We are* [state facts showing applicant’s or applicants’ right to the grant in terms of rules 27.26 and 27.27 or 27.28. Attach any consent given by any other person whose priority is higher than, or equal to, that of the applicant or applicants].

    *Select one.
  • 10 Omit this paragraph if it does not apply.

  • No child of the deceased died before the deceased leaving issue entitled to share under the will.

  • 11 Include this paragraph if there are other children of the deceased who are beneficiaries in the will but not applicants. Otherwise, state The deceased was not survived by any other children.

    In addition to myself, the deceased was survived by the following children, all of whom (except when otherwise stated) are adult:

    [state full names and places of residence]

    The consent of [name] and [name], the other children of the deceased and beneficiaries referred to in clause(s) [clause number(s)] of the will to my/our* application, are attached and marked [specify] and [specify].

    *Select one.
  • 12 Omit this paragraph if it does not apply.

  • I am the deceased’s surviving spouse/surviving civil union partner/surviving de facto partner/former spouse/former civil union partner/former de facto partner*.

  • I am still a beneficiary under the will.

  • I have not ceased to be a beneficiary under the will under section 19 of the Wills Act 2007 [if the will was made on or after 1 November 2007]/section 19, as modified by section 40(2)(q), of the Wills Act 2007 [if the will was made before 1 November 2007]*.

  • I have not ceased to be a beneficiary under the will under section 61 of the Property (Relationships) Act 1976. I chose option B under section 61. I lodged a notice of choice of option under section 65(2)(c) in this court on [date]. A copy is attached and marked “[specify]”.

    *Select one.

Omit paragraphs 13 and 14 when a trustee corporation within the meaning of section 2 of the Administration Act 1969 applies for the grant, either alone or jointly with another person.

  • 13 For this paragraph select the statement that applies.

  • Statement A
  • I/We* have made reasonable inquiries for the purposes of section 5A(1)(a) of the Status of Children Act 1969 as to the existence of a parent or child of the deceased, in addition to those already known to me/us* who could claim an interest in the deceased’s estate/part of the deceased’s estate* only because of the Status of Children Act 1969 and the deceased’s will. The inquiries included those required by section 5A(2) of the Status of Children Act 1969. The nature of the inquiries was [specify].

    *Select one.
  • Statement B
  • Making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 would unduly delay a grant of administration because [state why].

  • Statement C
  • Getting in or preserving the assets of the deceased’s estate requires the making of an immediate grant of administration because [state why].

  • Statement D
  • No useful purpose would be served by making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 because [state why].

  • 14 If you selected statement A for paragraph 13, for this paragraph select the statement that applies, otherwise omit this paragraph.

  • Statement A
  • The result of my/our* inquiries was that I/we* did not discover any such parent or child.

    *Select one.
  • Statement B
  • The result of my/our* inquiries was that I/we* discovered [full name(s) and the relationship of those discovered].

    *Select one.
  • 15 Include the following paragraph where those discovered are children.

    The person/Those* discovered is/are* aged [specify ages], being a child/children* to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

    *Select one.
  • 16 To the best of my/our* knowledge, information, and belief, the gross value of the deceased’s estate does not exceed $[amount].

    *Select one.
  • 17 I/We* will faithfully execute the will (including any document/codicil* changing the will) annexed to the letters of administration in accordance with the law. If the court requires me/us* to, I/we* will file in the court and verify by affidavit—

    • (a) an accurate inventory of the deceased’s estate; and

    • (b) an account of the deceased’s estate that—

      • (i) is accurate; and

      • (ii) states the dates and details of all receipts and disbursements; and

      • (iii) states which of the receipts and disbursements were on capital account and which were on revenue account.

    *Select one.
  • The words in the brackets should be included only where such a document or codicil exists.

Severally sworn/affirmed* by both persons/by all of the persons* named above at [place, date]

or

Sworn/Affirmed* at [place, date]

Before me:


*Select one.

[print name]

(a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace)

*Select one.

Form PR 3
Affidavit for obtaining grant of administration on intestacy to surviving spouse, civil union partner, or de facto partner

r 27.4

The cover sheet for this form should have the same heading as that set out in form PR 1.

No: [number of proceeding]

In the estate of [full name, place, occupation] (deceased)

I, [full name, place of residence, occupation], swear/solemnly and sincerely affirm*—

*Select one.
  • 1 The deceased, [name as on cover sheet], whom I/we* knew, died at [place, country] on or about [date].

    *Select one.
  • 2 For this paragraph select the first of the following statements that applies.

  • Statement A
  • I was present when the deceased died.

  • Statement B
  • I attended the deceased’s funeral.

  • Statement C
  • I saw the deceased’s dead body.

  • Statement D
  • The deceased is the person named [full name] in the death certificate/certified copy of the death certificate* that is attached and marked “A”.

    *Select one.
  • If the applicant or applicants for the grant did not know the deceased and does or do not know about the deceased’s death personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased and knows or know about the deceased’s death personally.

  • 3 At the time of death the deceased resided at [place, country].

  • 4 The nearest registry* of this court to the place stated in paragraph 3, by the most practicable route, is [name of registry].

    *If the deceased did not reside in New Zealand when he or she died, rule 27.10(3) to (6) of the High Court Rules applies.
  • 5 I have made full inquiries and searches for a will made by the deceased. I am satisfied that the deceased died without leaving a will and was wholly intestate.

  • 6 For this paragraph select the statement that applies.

  • Statement A
  • I am the surviving spouse/civil union partner* of the deceased. I am entitled to succeed on the intestacy. My beneficial interest in the estate is not affected—

    • (a) [in the case of a surviving spouse] by section 12(2) of the Matrimonial Proceedings Act 1963 (as applied by section 191(3) of the Family Proceedings Act 1980); or

    • (b) [in the case of a surviving spouse or surviving civil union partner] by section 26(1) of the Family Proceedings Act 1980; or

    • (c) [in every case] by the choice I have made between option A and option B, under section 61 of the Property (Relationships) Act 1976, because I have chosen option B and I lodged a notice of choice of option in accordance with section 65(2)(c) of that Act in this court on [date]. A copy is attached and marked “[specify]”.

      *Select one.
 Statement B
 (a) I am the surviving de facto partner of the deceased. I am entitled to succeed on the intestacy. My beneficial interest in the estate is not affected by the choice I have made between option A and option B, under section 61 of the Property (Relationships) Act 1976, because I have chosen option B and I lodged a notice of choice of option in accordance with section 65(2)(c) of that Act in this court on [date]. A copy is attached and marked “[specify]”.
 (b) My interest is not affected by section 77B of the Administration Act 1969 (which negates the beneficial interest of a surviving de facto partner to a relationship of short duration in some circumstances [if you claim that section 77B(2) applies, state the facts supporting your claim].
  • 7 For this paragraph select the statement that applies.

  • Statement A
  • The deceased was not survived by a de facto partner entitled to succeed on the intestacy.

  • Statement B
  • The deceased was not survived by a husband/wife*, or by a civil union partner or by another de facto partner, entitled to succeed on the intestacy.

    *Select one.
  • Statement C
  • The deceased was also survived by a husband/wife/civil union partner/1 or more other de facto partners* entitled to succeed on the intestacy, namely: [list full name(s) and places of residence].

    *Select one.
  • 8 If you selected statement C for paragraph 7, for this paragraph select the statement(s) that apply, otherwise omit this paragraph.

  • Statement A
  • On [date], I gave written notice to [full names], the survivors of the deceased who are named in the preceding paragraph, that I intended to apply to this court for letters of administration of the estate.

  • Statement B
  • Of the survivors of the deceased who are named in the preceding paragraph, [number of survivors], namely, [full names and country of residence for each], reside beyond the jurisdiction of the court.

  • Statement C
  • I attach to this affidavit the consents, marked specify, of [full names], survivors of the deceased who are named in paragraph 7, to letters of administration of the deceased's estate being granted to me.

  • 9 For this paragraph select the statement that applies.

  • Statement A
  • The deceased was not survived by a child—

    • (a) who was born to the deceased; or

    • (b) who was adopted by the deceased; or

  • Omit paragraphs (c) and (d) if the deceased was female.

    • (c) in respect of whom the deceased had admitted paternity; or

    • (d) in respect of whom the deceased was adjudged, before or after his death, to be the father.

  • Statement B
  • The deceased was survived by the following children, all of whom, except where otherwise shown, are adult: [list full names, places of residence, and occupations of the children of the deceased and, in the case of any child who is a minor, the child’s age].

  • 10 Include this paragraph if you selected statement B for paragraph 9, otherwise omit.

  • The children named in paragraph [number] are children to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

  • 11 Include this paragraph if you selected statement B for paragraph 9, otherwise omit.

  • The deceased was not survived by any other child—

    • (a) who was born to the deceased; or

    • (b) who was adopted by the deceased; or

  • Omit paragraphs (c) and (d) if the deceased was female.

    • (c) in respect of whom the deceased had admitted paternity; or

    • (d) in respect of whom the deceased was adjudged, before or after his death, to be the father.

  • 12 For this paragraph select the statement that applies.

  • Statement A
  • I have made reasonable inquiries for the purposes of the Status of Children Act 1969 as to the existence of a parent or child of the deceased (in addition to those already known to me) who could claim an interest in the estate by reason only of that Act and the enactments governing the distribution of intestate estates. Those inquiries, which included those required by section 5A(2) of the Status of Children Act 1969, consisted of [specify].

  • Statement B
  • Making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 would unduly delay a grant of administration because [state why].

  • Statement C
  • The getting in or preservation of the assets of the estate of the deceased requires the making of an immediate grant of administration because [state why].

  • Statement D
  • No useful purpose would be served by making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 because [state why].

  • 13 If you selected statement A for paragraph 12, for this paragraph select the statement that applies, otherwise omit this paragraph.

  • Statement A
  • The result of my inquiries was that I did not discover any such parent or child. Attached and marked “[specify]” is a certificate from the office of the Registrar-General confirming the absence of a record of any such parent or child.

  • Statement B
  • The result of my inquiries was that I discovered [full names and relationship of those discovered].

  • 14 Include the following paragraph where those discovered are children.

  • The person/Those* discovered is/are* aged [specify ages] being a child/children* to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

    *Select one.
  • 15 To the best of my knowledge, information, and belief, the gross value of the estate left by the deceased does not exceed $[amount].

  • 16 I will faithfully administer the estate in accordance with the law, and will, if required by the court, file in the court and verify by affidavit—

    • (a) a true and complete inventory of the deceased’s estate; and

    • (b) a true and complete account of the deceased’s estate—

      • (i) setting out the dates and particulars of all receipts and disbursements; and

      • (ii) showing, in my opinion, which of the receipts and disbursements are on account of capital and which are on account of income.

Sworn/Affirmed* at [place, date]

Before me:

*Select one.

[print name]

(a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace)


*Select one.

Form PR 4
Affidavit for obtaining grant of administration on intestacy to daughter or son of deceased

r 27.4

The cover sheet for this form should have the same heading as that set out in form PR 1.

No: [number of proceeding]

In the estate of [full name, place, occupation] (deceased)

I, [full name, place of residence, occupation], swear/solemnly and sincerely affirm*—

*Select one.

Note: This form must be appropriately modified if more than 1 daughter or son is applying.

  • 1 The deceased, [name as on cover sheet], whom I/we* knew, died at [place, country] on or about [date].

    *Select one.
  • 2 For this paragraph select the first of the following statements that applies.

  • Statement A
  • I was present when the deceased died.

  • Statement B
  • I attended the deceased’s funeral.

  • Statement C
  • I saw the deceased’s dead body.

  • Statement D
  • The deceased is the person named [full name] in the death certificate/certified copy of the death certificate* that is attached and marked A.

    *Select one.
  • If the applicant or applicants for the grant do not know about the deceased's death personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased and know(s) about the deceased's death personally.

  • 3 At the time of death the deceased resided at [place, country].

  • 4 The nearest registry of this court to the place stated in paragraph 3, by the most practicable route, is [name of registry].

  • 5 I have made full inquiries and searches for a will made by the deceased. I am satisfied that the deceased died without leaving a will and was wholly intestate.

  • 6 I am a daughter/son* of the deceased.

    *Select one.
  • 7 For this paragraph select the statement that applies. Note: Statements B and C should be appropriately altered if the deceased entered a civil union that was dissolved or affected by court order.

  • Statement A
  • At the time of his death, my father was a widower/At the time of her death, my mother was a widow* and was not living in a de facto relationship.

    *Select one.
  • Statement B
  • I attach to this affidavit a copy of the order/decree absolute* marked [specify], dissolving my father’s/mother’s* marriage. He/She* did not subsequently marry or enter into a civil union, and, at the time of his/her* death, he/she* was not living in a de facto relationship.

    *Select one.
  • Statement C
  • I attach to this affidavit a copy of the separation order/decree of judicial separation* marked [specify], made between my father and his wife/my mother and her husband*. The order/decree* was in force at the time of his/her* death, and, at the time of his/her* death, he/she* was not living in a de facto relationship.

    *Select one.
  • Statement D
  • The deceased was survived by a spouse/civil union partner/de facto partner* who was entitled to succeed on the intestacy, but his/her* beneficial interest in the estate was affected by the choice he/she* made between option A and option B, under section 61 of the Property (Relationships) Act 1976, because he/she* chose option A. Attached and marked [specify] is a copy of the choice of option.

    *Select one.
  • Statement E
  • The deceased never married or entered into a civil union and at the time of his/her* death, he/she* was not living in a de facto relationship.

    *Select one.
  • 8 For this paragraph select the statement that applies.

  • Statement A
  • The deceased was not survived by any other child—

    • (a) who was born to the deceased; or

    • (b) who was adopted by the deceased; or

  • Omit paragraphs (c) and (d) if the deceased was female.

    • (c) in respect of whom the deceased had admitted paternity; or

    • (d) in respect of whom the deceased was adjudged, before or after his death, to be the father.

  • Statement B
  • In addition to myself, the deceased was survived by the following children, all of whom, except where otherwise shown, are adult: [list full names, places of residence, and occupations of the other children of the deceased and, in the case of a child who is a minor, the age of that child].

  • 9 If you selected statement B for paragraph 8, for this paragraph select the statement(s) that apply, otherwise omit this paragraph.

  • Statement A
  • On [date], I gave written notice to [full names], adult children of the deceased who are named in paragraph 8, that I intended to apply to this court for letters of administration of the estate of the deceased. Attached and marked [specify] is a copy/copies* of that notice/those notices*).

    *Select one.
  • Statement B
  • I attach to this affidavit the consents, marked [specify] of [full names], adult children of the deceased who are named in paragraph [specify], to letters of administration of the deceased's estate being granted to me.

  • 10 For this paragraph select the statement that applies.

  • Statement A
  • Neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies to me.

  • Statement B
  • Both in the case of the children of the deceased who are named in paragraph [number] of this affidavit and in my case, neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

  • 11 For this paragraph select the statement that applies.

  • Statement A
  • I have made reasonable inquiries for the purposes of the Status of Children Act 1969 as to the existence of a parent or child of the deceased (in addition to those already known to me) who could claim an interest in the estate of the deceased by reason only of that Act and the enactments governing the distribution of intestate estates. Those inquiries, which included those required by section 5A(2) of the Status of Children Act 1969, consisted of [specify].

  • Statement B
  • Making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 would unduly delay the making of a grant of administration because [state why].

  • Statement C
  • The getting in or preservation of the assets of the estate of the deceased requires the making of an immediate grant of administration because [state why].

  • Statement D
  • No useful purpose would be served by making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 because [state why].

  • 12 If you selected statement A for paragraph 11, for this paragraph select the statement that applies, otherwise omit this paragraph.

  • Statement A
  • The result of my inquiries was that I did not discover any such parent or child. Attached and marked [specify] is a certificate from the office of the Registrar-General confirming the absence of a record of any such parent or child.

  • Statement B
  • The result of my inquiries was that I discovered [full names and relationship of those discovered].

  • 13 Include the following paragraph where those discovered are children.

  • The person/Those* discovered is/are* aged [specify ages] being a child/children* to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

    *Select one.
  • 14 To the best of my knowledge, information, and belief, the gross value of the estate left by the deceased does not exceed $[amount].

  • 15 I will faithfully administer the deceased’s estate in accordance with the law, and will, if required by the court, file in the court and verify by affidavit—

    • (a) a true and complete inventory of the deceased’s estate; and

    • (b) a true and complete account of the deceased’s estate—

      • (i) setting out the dates and particulars of all receipts and disbursements; and

      • (ii) showing, in my opinion, which of the receipts and disbursements are on account of capital and which are on account of income.

Sworn/Affirmed* at [place, date]

Before me:

*Select one.

[print name]

(a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace)


*Select one.

Form PR 5
Affidavit for obtaining grant of administration on intestacy to parent of deceased

r 27.4

The cover sheet for this form should have the same heading as that set out in form PR 1.

No: [number of proceeding]

In the estate of [full name, place, occupation] (deceased)

This form must be appropriately modified if more than 1 parent is applying.

I, [full name, place of residence, occupation], swear/solemnly and sincerely affirm*—

*Select one.
  • 1 The deceased, [name as on cover sheet], whom I knew, died at [place, country] on or about [date].

  • 2 For this paragraph select the first of the following statements that applies.

  • Statement A
  • I was present when the deceased died.

  • Statement B
  • I attended the deceased’s funeral.

  • Statement C
  • I saw the deceased’s dead body.

  • Statement D
  • The deceased is the person named [full name] in the attached certified copy of the death certificate at [place] marked “A”.

    If the applicant or applicants for the grant do not know about the deceased's death personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased and know(s) about the deceased's death personally.

  • 3 At the time of death the deceased resided at [place, country].

  • 4 The nearest registry of this court to the place stated in paragraph 3, by the most practicable route, is [name of registry].

  • 5 I have made full inquiries and searches for a will made by the deceased. I am satisfied that the deceased died without leaving a will and was wholly intestate.

  • 6 I am the deceased’s father/mother*.

    *Select one.
  • 7 For this paragraph select the statement that applies.

  • Statement A
  • The deceased was not survived by a spouse or civil union partner, or by any de facto partners, entitled to succeed on the intestacy.

  • Statement B
  • I attach to this affidavit a copy of the order/decree absolute* marked “[specify]”, dissolving the marriage/civil union*of my son/daughter*, the deceased. He/She* did not subsequently marry or enter into a civil union, and, at the time of his/her* death, he/she* was not living in a de facto relationship.

    *Select one.
  • Statement C
  • I attach to this affidavit a copy of the separation order/decree of judicial separation* marked “[specify]”, made between my son/daughter*, the deceased, and his wife/her husband/civil union partner*. The order/decree* was in force at the time of his/her* death, and at the time of his/her* death he/she* was not living in a de facto relationship.

    *Select one.
  • Statement D
  • The deceased was survived by a spouse/civil union partner/de facto partner* who was entitled to succeed on the intestacy, but his/her* beneficial interest in the estate was affected by the choice he/she* made between option A and option B, under section 61 of the Property (Relationships) Act 1976, because he/she* chose option A. Attached and marked “[specify]” is a copy of the choice of option.

    *Select one.
  • 8 For this paragraph select the statement that applies.

  • Statement A
  • I attach to this affidavit the consent marked [specify] of [full name], the father/mother* of the deceased, to letters of administration of the deceased's estate being granted to me.

    *Select one.
  • Statement B
  • [Full name], the father/mother* of the deceased, died at [place, country] on or about [date] and therefore predeceased his/her* son/daughter*.

    *Select one.
  • Statement C
  • [Full name], the father/mother* of the deceased, does not join in the application as he/she* is incapable of acting as administrator because [state why].

    *Select one.
  • 9 The deceased was not survived by a child—

    • (a) who was born to the deceased; or

    • (b) who was adopted by the deceased; or

  • Omit paragraphs (c) and (d) if the deceased was female.

    • (c) in respect of whom the deceased had admitted paternity; or

    • (d) in respect of whom the deceased was adjudged, before or after his death, to be the father.

  • 10 The deceased was not survived by any grandchild—

    • (a) who was born to a child of the deceased; or

    • (b) who was adopted by a child of the deceased; or

    • (c) in respect of whom a son of the deceased had admitted paternity; or

    • (d) in respect of whom a son of the deceased was adjudged, before or after the death of the child of the deceased, to be the father.

  • 11 For this paragraph select the statement that applies.

  • Statement A
  • I have made reasonable inquiries for the purposes of the Status of Children Act 1969 as to the existence of a parent or child of the deceased (in addition to those already known to me) who could claim an interest in the estate of the deceased by reason only of that Act and the enactments governing the distribution of intestate estates. Those inquiries, which included those required by section 5A(2) of the Status of Children Act 1969, consisted of [specify].

  • Statement B
  • Making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 would unduly delay the making of a grant of administration because [state why].

  • Statement C
  • The getting in or preservation of the assets of the estate of the deceased requires the making of an immediate grant of administration because [state why].

  • Statement D
  • No useful purpose would be served by making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 because [state why].

  • 12 If you selected statement A for paragraph 11, for this paragraph select the statement that applies, otherwise omit this paragraph.

  • Statement A
  • The result of my inquiries was that I did not discover any such parent or child. Attached and marked [specify] is a certificate from the office of the Registrar-General confirming the absence of a record of any such parent or child.

  • Statement B
  • The result of my inquiries was that I discovered [full names and relationship of those discovered.].

  • 13 Include the following paragraph where those discovered are children.

  • The person/Those* discovered is/are* aged [specify ages], being a child/children* to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

    *Select one.
  • 14 To the best of my knowledge, information, and belief, the gross value of the estate left by the deceased does not exceed $[amount].

  • 15 I will faithfully administer the deceased’s estate in accordance with the law, and will, when required by the court, file in the court and verify by affidavit—

    • (a) a true and complete inventory of the deceased’s estate; and

    • (b) a true and complete account of the deceased’s estate—

      • (i) setting out the dates and particulars of all receipts and disbursements; and

      • (ii) showing, in my opinion, which of the receipts and disbursements are on account of capital and which are on account of income.

Sworn/Affirmed* at [place, date]

Before me:

*Select one.

[print name]

(a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace)


*Select one.

Form PR 6
Affidavit for obtaining grant of administration on intestacy to brother or sister of deceased

r 27.4

The cover sheet for this form should have the same heading as that set out in form PR 1.

No: [number of proceeding]

In the estate of [full name, place, occupation] (deceased)

This form must be appropriately altered if more than 1 brother or sister is applying.

I, [full name, place of residence, occupation], swear/solemnly and sincerely affirm*—

*Select one.
  • 1 The deceased, [name as on cover sheet], whom I knew, died at [place, country] on or about [date].

  • 2 For this paragraph select the first of the following statements that applies.

  • Statement A
  • I was present when the deceased died.

  • Statement B
  • I attended the deceased’s funeral.

  • Statement C
  • I saw the deceased’s dead body.

  • Statement D
  • The deceased is the person named [full name] in the death certificate/certified copy of the death certificate* attached and marked A.

    *Select one.
  • If the applicant or applicants for the grant do not know about the deceased's death personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased and know(s) about the deceased's death personally.

  • 3 At the time of death the deceased resided at [place, country].

  • 4 The nearest registry of this court to the place stated in paragraph 3, by the most practicable route, is [name of registry].

  • 5 I have made full inquiries and searches for a will made by the deceased. I am satisfied that the deceased died without leaving a will and was wholly intestate.

  • 6 I am a brother/sister* of the deceased.

    *Select one.
  • 7 For this paragraph select the statement that applies.

  • Statement A
  • The deceased was not survived by a spouse or civil union partner, or by any de facto partner, entitled to succeed on the intestacy.

  • Statement B
  • I attach to this affidavit a copy of the order/decree absolute* marked “[specify]”, dissolving the marriage/civil union* of my brother/sister*, the deceased. He/She* did not subsequently marry or enter into a civil union, and at the time of his/her* death he/she* was not living in a de facto relationship.

  • Statement C
  • I attach to this affidavit a copy of the separation order/decree of judicial separation* marked “[specify]”, made between my brother/sister*, the deceased, and his/her* wife/husband/civil union partner*. The order/decree* was in force at the time of his/her* death, and at the time of his/her* death he/she* was not living in a de facto relationship.

  • Statement D
  • The deceased was survived by a spouse/civil union partner/de facto partner* who was entitled to succeed on the intestacy, but his/her* beneficial interest in the estate was affected by the choice he/she* made between option A and option B, under section 61 of the Property (Relationships) Act 1976, because he/she* chose option A. Attached and marked “[specify]” is a copy of the choice of option.

    *Select one.
  • 8 The deceased was not survived by a parent.

  • 9 The deceased was not survived by any child—

    • (a) who was born to the deceased; or

    • (b) who was adopted by the deceased; or

  • Omit paragraphs (c) and (d) if the deceased was female.

    • (c) in respect of whom the deceased had admitted paternity; or

    • (d) in respect of whom the deceased was adjudged, before or after his death, to be the father.

  • 10 The deceased was not survived by any grandchild—

    • (a) who was born to a child of the deceased; or

    • (b) who was adopted by a child of the deceased; or

    • (c) in respect of whom a son of the deceased had admitted paternity; or

    • (d) in respect of whom a son of the deceased was adjudged, before or after the death of the child of the deceased, to be the father.

  • 11 For this paragraph select the statement that applies.

  • Statement A
  • The deceased was not survived by any other brother or sister.

  • Statement B
  • In addition to myself, the deceased was survived by the following brothers and sisters, all of whom, except where otherwise shown, are adult: [list full names, places of residence, and occupations of the other brothers and sisters of the deceased and, in the case of any brother or sister who is a minor, the age of that brother or sister].

  • 12 If you selected statement B for paragraph 11, for this paragraph select the statement(s) that apply, otherwise omit this paragraph.

  • Statement A
  • On [date], I gave written notice to [full names], adult brothers and sisters of the deceased who are named in paragraph 11, that I intended to apply to this court for letters of administration of the deceased’s estate. Attached and marked “[specify]” is a copy of that notice.

  • Statement B
  • I attach to this affidavit the consents, marked “[specify]”, of [full names], adult brothers and sisters of the deceased who are named in paragraph 11, granting me letters of administration of the deceased’s estate.

  • 13 For this paragraph select the statement that applies.

  • Statement A
  • Neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies to me.

  • Statement B
  • Both in the case of the brothers and sisters of the deceased who are named in paragraph 11 of this affidavit and in my case, neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

  • 14 For this paragraph select the statement that applies.

  • Statement A
  • I have made reasonable inquiries for the purposes of the Status of Children Act 1969 as to the existence of a parent or child of the deceased (in addition to those already known to me) who could claim an interest in the estate of the deceased by reason only of that Act and the enactments governing the distribution of intestate estates. Those inquiries, which included those required by section 5A(2) of the Status of Children Act 1969, consisted of [specify].

  • Statement B
  • Making the inquiries specified in section 5A(1) of the Status of Children Act 1969 would unduly delay the making of a grant of administration because [state why].

  • Statement C
  • The getting in or preservation of the assets of the estate of the deceased requires the making of an immediate grant of administration because [state why].

  • Statement D
  • No useful purpose would be served by making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 because [state why].

  • 15 If you selected statement A for paragraph 14, for this paragraph select the statement that applies, otherwise omit this paragraph.

  • Statement A
  • The result of my inquiries was that I did not discover any such parent or child. Attached and marked [specify] is a certificate from the office of the Registrar-General confirming the absence of a record of any such parent or child.

  • Statement B
  • The result of my inquiries was that I discovered [full names and relationship of those discovered.].

  • 16 Include the following paragraph where those discovered are children.

  • The person/Those* discovered are* [specify ages], being a child/children* to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

    *Select one.
  • 17 To the best of my knowledge, information, and belief, the gross value of the estate left by the deceased does not exceed $[amount].

  • 18 I will faithfully administer the deceased’s estate in accordance with the law, and will, if required by the court, file in the court and verify by affidavit—

    • (a) a true and complete inventory of the deceased’s estate; and

    • (b) a true and complete account of the deceased’s estate—

      • (i) setting out the dates and particulars of all receipts and disbursements; and

      • (ii) showing, in my opinion, which of the receipts and disbursements are on account of capital and which are on account of income.

Sworn/Affirmed* at [place, date]

Before me:

*Select one.

[print name]

(a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace)


*Select one.

Form PR 7
Probate in common form

r 27.31(1)

In the High Court of New Zealand

[Name of registry] Registry

No: [number of proceeding]

In the estate of [name, place of residence, occupation] (deceased)

  • 1 For this paragraph select the statement that applies.

  • Statement A
  • The deceased, [full name], died at [place, country] on or about [date] leaving a will. A copy is attached.

  • Statement B
  • The deceased, [full name], died at [place, country] on or about [date] leaving a will and [specify number] document(s)/codicil(s)* changing the will. Copies are attached.

    *Select one.
  • 2 For this paragraph select the statement that applies.

  • Statement A
  • The will was proved before the Registrar/Senior Deputy Registrar* in chambers at [place] acting under rule 27.14 of the High Court Rules and probate of the will was granted today.

    *Select one.
  • Statement B
  • The will and [specify number] document(s)/codicil(s)* changing the will were proved before the Registrar/Senior Deputy Registrar* in chambers at [place] acting under rule 27.14 of the High Court Rules and probate of the will and [specify number] document(s)/codicils* changing the will was granted today.

    *Select one.
  • 3 This probate document appoints [full name(s), place(s) of residence, occupation(s)], the executor/executors* [or state basis for the grant as stated in paragraph 2 of the application] named in the will/document/codicil that changed the will as the administrator/administrators* of the deceased's estate.

    *Select one.
  • 4 [Specify any other order made as part of the grant].

Date:

Deputy Registrar


Form PR 8
Letters of administration with will annexed

r 27.31(1)

In the High Court of New Zealand

[Name of registry] Registry

No: [number of proceeding]

In the estate of [name, place of residence, occupation] (deceased)

To [full name, place of residence, occupation] the [state basis for entitlement to grant as specified in rule 27.26 that allowed grant of administration]
  • 1 For this paragraph select the statement that applies.

  • Statement A
  • The deceased, [full name], died at [place, country] on or about [date] leaving a will. A copy is attached.

    *Select one.
     
  • Statement B
  • The deceased, [full name], died at [place, country] on or about [date] leaving a will and [specify number if more than one] document(s)/codicil(s)* changing the will. Copies are attached.

    *Select one.
     
  • 2 For this paragraph select the statement that applies.

  • Statement A
  • The will was proved before the Registrar/Senior Deputy Registrar in chambers at [place] acting under rule 27.14 of the High Court Rules and letters of administration with the will annexed was granted today.

    *Select one.
     
  • Statement B
  • The will and [specify number] document(s)/codicil(s) changing the will were proved before the Registrar/Senior Deputy Registrar in chambers at [place] acting under rule 27.14 of the High Court Rules, and letters of administration with the will and [specify number] document(s)/codicils* changing the will annexed was granted today.

    *Select one.
  • 3 The circumstance in rule 27.25(1) to (3) of the High Court Rules allowing the grant of administration was [specify].

  • 4 These letters of administration authorise you—

    • (a) to administer the deceased’s estate; and

    • (b) to demand and recover whatever debts may belong to the deceased’s estate; and

    • (c) to pay whatever debts the deceased owed; and

    • (d) to pay the legacies contained in the will and [specify number] document(s)/codicil(s)* changing the will to the extent the estate allows.

      *Select one.
  • 5 For this paragraph select the statement that applies.

  • Statement A
  • You are appointed as the administrator with the will annexed of all of the deceased's estate.

  • Statement B
  • You are appointed as the administrator with the will and [specify number] document(s)/codicil(s)* changing the will annexed of all of the deceased's estate.

    *Select one.

[Specify any other order made as part of the grant.]

Date:

Deputy Registrar


Form PR 9
Letters of administration on intestacy

r 27.31(1)

In the High Court of New Zealand

[Name of registry] Registry

No: [number of proceeding]

In the estate of [full name, place of residence, occupation] (deceased)

To [full name, place of residence, occupation] [state basis for entitlement to grant as specified in rule 27.35(4) that gives right to apply for administration, that is, the relationship to the deceased] .

  • 1 The deceased, [full name], died at [place, country] on or about [date] without leaving a will.

  • 2 These letters of administration authorise you—

    • (a) to administer the deceased's estate; and

    • (b) to demand and recover whatever debts may belong to the deceased's estate; and

    • (c) to pay whatever debts the deceased owed, so far as the estate extends.

  • 3 You are appointed as the administrator of all of the deceased's estate.

  • 4 This grant was made today by the Registrar/Senior Deputy Registrar* in chambers at [place] acting under rule 27.14 of the High Court Rules.

    *Select one.

Date:

Deputy Registrar


Form C 6
Advertisement of application for putting company into liquidation

r 31.9(6)

This document notifies you that—
  • 1 On [date], an application for putting [full name of company] into liquidation was filed in the High Court at [place]. Its reference number is [court file number]. The application is to be heard by the High Court at [place, date, time].

  • 2 A person, other than the defendant company, who wants to appear at the hearing of the application must file an appearance not later than the second working day before that day.

  • 3 The statement of claim and the verifying affidavit may be inspected at the registry of the court or at the plaintiff's address for service.

  • 4 The plaintiff is [full name], whose address for service is [address]. The plaintiff's solicitor is [name], whose address is [address].

Date:


Form C 12
Order putting company into liquidation

r 31.31(1)

This document notifies you that

  • 1 The application made by the plaintiff [name] was determined by the Honourable Justice/Associate Judge* [name] on [date, time].

    *Select one.
  • 2 This court orders that the defendant company be put into liquidation by the court under the Companies Act 1993, and appoints [full name of liquidator] as liquidator.

  • 3 It also orders that the cost of $[amount] of the application be paid out of the assets of the defendant company.

  • 4 Before making this order, the court—

    • (a) heard [name of counsel] for the plaintiff, and [name of counsel] for [description of other party or person]; and

    • (b) read the statement of claim and the affidavit of [full name] verifying the allegations in the statement of claim; and

    • (c) sighted the advertisements for the statement of claim published in [specify date on which the advertisement appeared in the New Zealand Gazette, and name and date of issue of any other newspapers containing an advertisement for the statement of claim]; and

    • (d) Omit this paragraph if it does not apply.

    • [Specify any other evidence.]

Date:

Deputy Registrar


Schedule 2
New forms

r 23

Form G 40
General court order

r 11.6A

Complete and insert the heading as set out in form G 1.

Before the Honourable Justice [name, date]

After reading [identify relevant court documents] and the affidavit(s) of [full name(s)] and after hearing/on the application of* [name], counsel/solicitor/ on behalf of [†specify party applying for the order], and [name(s)], counsel/solicitor† on behalf of [specify the other party or parties], this court orders (by consent, if appropriate): [specify the order or orders made. When more than 1 order is made, they must be numbered.]

*Select on the application of if no appearance.
†Select one.

Date:

Deputy Registrar


Form B 16
Order adjudicating debtor bankrupt

r 24.11

Before the Honourable Justice/Associate Judge* [name]

Date

Time

*Select one.

On the application of [name, place of residence, occupation], a creditor of the debtor, the court orders that [full name, residential address, occupation] be adjudicated bankrupt and that the creditor be allowed costs and disbursements of $[amount].

Date:

Deputy Registrar


Form B 17
Appointment of Official Assignee as receiver and manager

r 24.24

Before the Honourable Justice/Associate Judge* [name]

*Select one.

On the application of [name, place of residence, occupation], a creditor of the debtor, the court orders that the Official Assignee be appointed as receiver and manager of all/the following part* of the debtor's property†.

*Select one.
†If part only, specify that part precisely.

Date:

Deputy Registrar


Note

Three copies of this order must be filed in the court immediately after the making of the order.

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 (other than Part 5 and Part 6) come into force on 1 January 2011.

They amend the High Court Rules in order to correct some minor mistakes, and to improve the wording of several prescribed forms, mainly probate forms, at the request of the High Court Registrars.

The new form G 40 prescribes the wording of a general court order for use when the court makes an order, other than one made on an interlocutory application or separately prescribed.

Rule 14 revokes Part 15 and forms 83 to 88 of the former High Court Rules that continued in force pursuant to section 8(2) of the Judicature (High Court Rules) Amendment Act 2008. These were procedural requirements for constituency election petitions that have been replaced, as from 1 February 2009, by the Constituency Election Petition Rules 2008.

Rule 15 permits the court to order that the trial of a proceeding take place in either Rotorua or Hamilton when a statement of defence is required to be filed in the Tauranga registry. Company liquidation proceedings, however, will be dealt with by Associate Judges at Tauranga.

Part 4 makes changes related to the Limitation Act 2010. Rule 1.17(3), which relates to calculating periods of time, is amended to update references to the Limitation Act 1950. Rule 7.77(2)(a) is amended so that it recognises clearly that the effect of a limitation defence, if established, is to bar by statute not a cause of action itself, but relief in respect of one. Relief is not statute barred, of course, if a court or tribunal has ordered (for example, under section 50 of the Limitation Act 2010) that relief may be granted in respect of the cause of action as if no limitation defence applies to it. Rule 7.77(4) is amended so that it recognises that, under the law of limitation defences, most limitation periods start when an initiating document for a cause of action is filed, not when that document is served (see, for example, sections 6 and 11 of the Limitation Act 2010). Rule 17.9 requires the court's leave to issue an enforcement process if 6 years have elapsed since the date of the judgment. It is amended so that, for a judgment that is an arbitral award entered as a judgment, that 6-year period starts (as does the 6-year period under section 35 of the Limitation Act 2010 for enforcing a judgment by action) on the close of the date on which the award became enforceable by action in New Zealand. (A similar amendment is to be made to the requirement in section 80 of the District Courts Act 1947 for leave to enforce a District Court judgment more than 6 years old.)

Part 5 has the effect of requiring applications to the High Court under the Unit Titles Act 2010 to be commenced by originating application.

Part 6 prescribes that applications under the Immigration Act 2009 in proceedings involving classified information must be filed in the High Court at either Wellington or Auckland.


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

Date of notification in Gazette: 4 November 2010.

These rules are administered by the Ministry of Justice.