High Court Amendment Rules 2013

2013/128

Coat of Arms of New Zealand

High Court Amendment Rules 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 22nd day of April 2013

Present:
The Right Hon John Key presiding 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 2013.

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

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

4 Rule 27.10 replaced (Where application is filed)
  • Replace rule 27.10 with:

    27.10 Where application is filed
    • (1) This rule applies to an application, and all other documents, filed under this Part.

      (2) Irrespective of the place where the deceased died, the application and documents must be filed in the registry of the court at Wellington.

      (3) If an application or a document is filed in the wrong registry of the court, the court may order the transfer of the application or document to the proper registry.

      Compare: 1908 No 89 Schedule 2 r 643.

5 Rule 27.11 amended (Where caveat is lodged)
  • Replace rule 27.11(3) with:

    • (3) The caveat must be lodged with the Registrar of the court at Wellington.

6 Schedule 1, form PR 1 amended
  • In Schedule 1, form PR 1, revoke paragraph 4.

7 Schedule 1, form PR 2 amended
  • In Schedule 1, form PR 2, revoke paragraph 4.

8 Schedule 1, form PR 3 amended
  • In Schedule 1, form PR 3, revoke paragraph 4.

9 Schedule 1, form PR 4 amended
  • In Schedule 1, form PR 4, revoke paragraph 4.

10 Schedule 1, form PR 5 amended
  • In Schedule 1, form PR 5, revoke paragraph 4.

11 Schedule 1, form PR 6 amended
  • In Schedule 1, form PR 6, revoke paragraph 4.

12 Schedule 1, form PR 7 amended
  • (1) In Schedule 1, form PR 7, paragraph 2, statement A, delete at [place].

    (2) In Schedule 1, form PR 7, paragraph 2, statement B, delete at [place].

13 Schedule 1, form PR 8 amended
  • (1) In Schedule 1, form PR 8, paragraph 2, statement A, delete at [place].

    (2) In Schedule 1, form PR 8, paragraph 2, statement B, delete at [place].

14 Schedule 1, form PR 9 amended
  • In Schedule 1, form PR 9, paragraph 4, delete at [place].

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 June 2013, provide that applications for probate made on and after 4 June 2013 and any other documents filed under Part 27 of the High Court Rules must be filed in the Wellington registry of the High Court, rather than (as at present) the registry nearest to the place where the deceased resided or (in the case where a person resided overseas when he or she died) the place in New Zealand where that person owned property.


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

Date of notification in Gazette: 26 April 2013.

These rules are administered by the Ministry of Justice.