District Courts (Case Management) Amendment Rules 2012


Coat of Arms of New Zealand

District Courts (Case Management) Amendment Rules 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 10th day of December 2012

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.


1 Title
  • These rules are the District Courts (Case Management) Amendment Rules 2012.

2 Commencement
  • These rules come into force on 4 February 2013.

3 Principal rules
4 Rule 3.44 amended (Service generally)
  • Replace rule 3.44.30 with:

    • 3.44.30 HCR 15.11—overseas service cases.

5 Rule 3.49 replaced (Case management conferences)
  • Replace rule 3.49 with:

    3.49 Case management conferences
    • 3.49.1 HCR 7.2—case management conferences generally.

      3.49.2 HCR 7.3 and Schedule 5—first case management conferences.

      3.49.3 HCR 7.4—further case management conferences.

      3.49.4 HCR 7.5—issues conferences.

      3.49.5 HCR 7.8—pre-trial conferences.

      3.49.6 HCR 7.9—cancellation of conference.

      3.49.7 HCR 7.10—limitation of right of appeal.

6 Rule 3.50 revoked (Directions as to conduct of proceeding)
7 Rule 3.51 replaced (Allocation of hearing dates and setting down dates)
  • Replace rule 3.51 with:

    3.51 Allocation of hearing dates and close of pleadings dates, and counsel assisting
    • 3.51.1 HCR 7.6—allocation of key dates.

      3.51.2 HCR 7.7—steps after close of pleadings date restricted. The reference to HCR 1.9 in subclause (2)(c) is to be read as a reference to rule 1.14 of these rules.

      3.51.3 HCR 7.11—timetable and monitoring obligations.

      3.51.4 HCR 7.12—lists of proceedings.

      3.51.5 HCR 7.13—Registrar's functions in relation to hearing dates.

8 Rule 3.65 replaced (Briefs of evidence)
  • Replace rule 3.65 with:

    3.65 Briefs, oral evidence directions, and chronologies
    • 3.65.1 HCR 9.1—objective and scope. Disregard the reference in subclause (2) to the common bundle.

      3.65.2 HCR 9.2—exchange of documents and index.

      3.65.3 HCR 9.7—requirements in relation to briefs.

      3.65.4 HCR 9.8—supplementary briefs.

      3.65.5 HCR 9.9—exchange of chronology of facts intended to be relied upon at trial or hearing. In applying this rule,—

      • (a) the period in subclause (1) is replaced by a period of 15 working days after the date of the judicial directions conference:

      • (b) disregard references to the common bundle.

      3.65.6 HCR 9.10—oral evidence directions.

      3.65.7 HCR 9.11—compliance with Evidence Act 2006.

      3.65.8 HCR 9.12—evidence-in-chief at trial.

      3.65.9 HCR 9.13—briefs not given in evidence.

      3.65.10 HCR 9.14—privilege and admissibility not affected by briefs.

      3.65.11 HCR 9.15—cross-examination duties.

      3.65.12 HCR 9.16—plaintiff's synopsis of opening.

Michael Webster,
for 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 4 February 2013, amend the District Courts Rules 2009 (the principal rules) by updating cross-references to High Court Rules that have been replaced by the High Court Amendment Rules (No 2) 2012. The changes relate to—

  • briefs, oral evidence directions, and chronologies (rule 3.65 of the principal rules).

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

Date of notification in Gazette: 13 December 2012.

These rules are administered by the Ministry of Justice.