High Court Amendment Rules 2011

2011/350

Coat of Arms of New Zealand

High Court 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 108 of the Marine and Coastal Area (Takutai Moana) Act 2011 and 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 2011.

2  Commencement
  • These rules come into force on 3 November 2011.

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

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

    • (na) sections 100 and 111 of the Marine and Coastal Area (Takutai Moana) Act 2011:.

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.

The High Court may make an order recognising a protected customary right or customary marine title (a recognition order) under subpart 2 of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011 (the Act). A recognition order may be varied or cancelled in certain circumstances (section 111 of the Act).

The present rules provide that applications for a recognition order, or to vary or cancel one, must be made by originating application under Part 19 of the High Court Rules. This procedure obviates the need for a notice of proceeding and statement of claim (although the latter may be specially directed under rule 7.9(2)) and empowers a Judge to give directions to secure the just, speedy, and inexpensive determination of an application. The service of an application for a recognition order is already provided for by section 102 of the Act, and the requirement for its public notice is already imposed by section 103.

These rules come into force on 3 November 2011.


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.