High Court Amendment Rules 2012

2012/93

Coat of Arms of New Zealand

High Court Amendment Rules 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 14th day of May 2012

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 established under section 51B of the Judicature Act 1908 (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 2012.

2 Commencement
  • These rules come into force on the 28th day after the date of their notification in the Gazette.

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

4 Schedule 2 replaced
5 Schedule 3 replaced

Schedule 1
Schedule 2 replaced

r 4

Schedule 2
Appropriate daily recovery rates

r 14.4

Note: The following are the appropriate daily recovery rates for the categories of proceedings referred to in rule 14.3.

Category of proceedings (rule 14.3)Appropriate daily recovery rate ($)
11,320
21,990
32,940

Schedule 2
Schedule 3 replaced

r 5

Schedule 3
Time allocations

r 14.5

General civil proceedings Allocated days or part days
  ABC
 Commencement    
1Commencement of proceeding by plaintiff 1.6310
2Commencement of defence by defendant 126
 Other pleadings and notices    
3Reply 0.40.82.4
4Counterclaim 0.81.64.8
5Cross-notice between defendants 0.61.24
6Third party notice and statement of claim 1.22.47
7Notice of appearance 0.20.20.2
8Notice of appearance with protest to jurisdiction 0.30.62
9Pleading in response to amended pleading (payable regardless of outcome except when formal or consented to) 0.30.62
 Case management    
10Preparation for first case management conference (including discussion about discovery) 0.20.41
11Filing memorandum for first or subsequent case management conference or mentions hearing 0.20.41
12Appearance at mentions hearing or callover 0.20.20.2
13Appearance at first or subsequent case management conference 0.30.30.7
14Preparation for and appearance at issues conference 0.51
15Preparation for and appearance at pre-trial conference 0.51
 Interrogatories, discovery and inspection    
16Notice to answer interrogatories 0.414
17Answer to interrogatories 0.414
18Notice to admit facts 0.40.82.4
19Admissions of facts 0.40.82.4
20List of documents on discovery 0.72.57
21Inspection of documents 0.51.56
 Interlocutory applications (including applications for summary judgment and for review of interlocutory decisions)    
22Filing interlocutory application 0.30.62
23Filing opposition to interlocutory application 0.30.62
24Preparation of written submissions 0.51.53
25Preparation by applicant of bundle for hearing 0.40.61
26Appearance at hearing of defended application for sole or principal counsel The time occupied by the hearing measured in quarter days
27Second and subsequent counsel if allowed by court 50% of allowance for appearance for principal counsel
28Obtaining judgment without appearance 0.30.30.5
29Sealing order or judgment 0.20.20.2
 Trial preparation and appearance    
30Plaintiff's or defendant's preparation of briefs or affidavits 1.52.55
31Plaintiff's preparation of list of issues, authorities, and common bundle 1.52.55
32Defendant's preparation of list of issues, authorities, and common bundle 124
33Preparation for hearing 235
34Appearance at hearing for sole or principal counsel The time occupied by the hearing measured in quarter days
35Second and subsequent counsel if allowed by court 50% of allowance for appearance for principal counsel
36Other steps in proceeding not specifically mentioned As allowed by the court
 Originating applications    
37Filing application and supporting affidavits 126
38Filing note of opposition and supporting affidavits 126
39Case management (as for ordinary proceeding)    
40Preparation of written submissions 0.51.53
41Preparation by applicant of bundle for hearing 0.40.61
42Appearance at hearing for sole or principal counsel The time occupied by the hearing measured in quarter days
43Second and subsequent counsel if allowed by court 50% of allowance for appearance for principal counsel
 Bankruptcy proceedings    
44Filing and serving bankruptcy notice 0.10.20.6
45Filing application for adjudication by creditor 0.30.61.8
46Appearance at hearing 0.20.41.2
47Supporting party on bankruptcy 0.20.41.2
 Company liquidation proceedings    
48Issuing statutory demand 0.10.20.6
49Filing statement of claim and other documents 0.30.61.8
50Appearance at hearing 0.20.41.2
51Supporting party on liquidation 0.20.41.2
 Appeals    
52Commencement of appeal or cross-appeal 0.513
53Commencement of response to appeal or cross-appeal 0.30.51
54Case management (as for ordinary proceeding)    
55Preparation of Case on Appeal 0.512
56Preparation of written submissions 136
57Appearance at hearing for sole or principal counsel The time occupied by the hearing measured in quarter days
58Second and subsequent counsel if allowed by court 50% of allowance for appearance for principal counsel
 Enforcement of judgment or order    
59Charging order without application 0.30.31
60Charging order with application, including any unopposed order 0.50.51.4
61Sale order, including sale of seized property 0.50.50.7
62Other enforcement process 0.50.50.7

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 come into force on the 28th day after the date of their notification in the Gazette.

Under rule 14.2 of the High Court Rules, one of the principles governing an award of costs is: (c) costs should be assessed by applying the appropriate daily recovery rate to the time considered reasonable for each step reasonably required in relation to the proceeding or interlocutory application. This rule is designed to remove from Judges much of the burden in fixing the costs to be recovered by a successful party.

The substituted Schedule 2 of the High Court Rules states new appropriate daily recovery rates, which have not been revised upwards for several years and were not changed when the current High Court Rules were introduced by the Judicature (High Court Rules) Amendment Act 2008. The substituted Schedule 3 of the High Court Rules incorporates a revision of the time allocations carried out by the Rules Committee. Both revisions have involved consultation with the legal profession.


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

Date of notification in Gazette: 17 May 2012.

These rules are administered by the Ministry of Justice.