District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011

2011/347

Coat of Arms of New Zealand

District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 3rd day of October 2011

Present:
His Excellency the Governor-General in Council

Pursuant to section 122 of the District Courts Act 1947, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and 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.

Rules

1  Title
  • These rules are the District Courts (Discovery, Inspection, and Interrogatories) Amendment Rules 2011.

2  Commencement
  • These rules come into force on 1 February 2012.

3  Principal rules amended
4  Interlocutory applications
  • (1) Item 3 in the table in rule 2.49.4 is amended by omitting 3.58 and substituting 3.63.

    (2) Item 4 in the table in rule 2.49.4 is amended by omitting 3.60 to 3.65 and substituting 3.58 to 3.62 and 3.65.

5  New rules 3.58 to 3.64 and headings substituted
  • Rules 3.58 to 3.64, and the headings above rules 3.58, 3.60, and 3.64, are revoked and the following rules and headings substituted:

    Discovery and inspection

    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.

    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.

    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.

    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.

    Evidence

    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.

    Interrogatories

    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.

    Admission of facts

    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.

    Evidence

6  Increased costs and indemnity costs
  • Rule 4.6.3(b)(iv) is amended by omitting a notice for discovery and substituting an order for discovery.

7  Refusal of, or reduction in, costs
  • Rule 4.7(e)(iv) is amended by omitting a notice for discovery and substituting an order for discovery.

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, which come into force on 1 February 2012, amend the District Courts Rules 2009 and are necessary as a consequence of the enactment of the High Court Amendment Rules (No 2) 2011. The discovery, inspection, and interrogatories provisions in Part 8 of the High Court Rules, as applied by the District Court Rules 2009, are replaced with effect on 1 February 2012 by new provisions set out in the High Court Amendment Rules (No 2) 2011. These rules update the District Courts Rules 2009 to reflect the numbering and content of the corresponding new High Court Rules.


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

Date of notification in Gazette: 6 October 2011.

These rules are administered by the Ministry of Justice.