High Court Amendment Rules (No 2) 2013

2013/214

Coat of Arms of New Zealand

High Court Amendment Rules (No 2) 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

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 (No 2) 2013.

2 Commencement
  • (1) These rules (except rules 18 and 19) come into force on 1 July 2013.

    (2) Rules 18 and 19 come into force on 1 September 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 7.3 amended (First case management conferences)
  • (1) In rule 7.3(4), replace 10 days with 10 working days.

    (2) In rule 7.3(5), replace 10 days with 10 working days.

    (3) In rule 7.3(5), replace 5 days with 5 working days.

5 Rule 7.47 amended (Drawing up and sealing interlocutory order)
  • In rule 7.47(3)(c), replace both the date on which it was made and the date on which it was sealed with the date on which it was made.

6 Rule 15.16 amended (Admission of cause of action)
7 Rule 15.17 amended (Admission of defence)
8 Schedule 1, form G 3 amended
  • In Schedule 1, form G 3, paragraph 2, replace the Legal Services Act 2000 with the Legal Services Act 2011.

9 Schedule 1, form G 14 amended
  • In Schedule 1, form G 14, paragraph 3, replace 22 with 25.

10 Schedule 1, form G 15 amended
  • In Schedule 1, form G 15, paragraph 2, replace 8 with 10.

11 Schedule 1, form G 20 amended
  • In Schedule 1, form G 20, delete Sealed: [date].

12 Schedule 1, form G 21 amended
  • In Schedule 1, form G 21, delete Sealed: [date].

13 Schedule 1, form G 25 amended
  • In Schedule 1, form G 25, delete Sealed: [date].

14 Schedule 1, form G 26 amended
  • In Schedule 1, form G 26, delete Sealed: [date].

15 Schedule 1, form G 27 amended
  • In Schedule 1, form G 27, delete Sealed: [date].

16 Schedule 1, form E 4 replaced
17 Schedule 1, form E 6 replaced
18 Schedule 1, form PR 4 amended
  • In Schedule 1, form PR 4, paragraph 7, Statement C, replace my father and his wife/my mother and her husband with my father and his wife or husband/my mother and her husband or wife.

19 Schedule 1, form PR 5 amended
  • In Schedule 1, form PR 5, paragraph 7, Statement C, replace his wife/her husband with his wife or husband/her husband or wife.

20 Schedule 1, form PR 11 amended
  • (1) In Schedule 1, form PR 11, paragraph 2, Statement A, replace registry of that Registry with office of that Registry.

    (2) In Schedule 1, form PR 11, delete Sealed: [date].

21 Schedule 1, form B 2 amended
  • In Schedule 1, form B 2, replace clause 2 with:

    • 2 The judgment creditor also claims costs against you of $[amount], which includes—

      • (a) a fee of $[amount] for filing this notice; and

      • (b) a fee of $150 for serving this notice.

22 Schedule 7 amended
  • In the Schedule 7 heading, replace r 7.5(8) with r 7.25(2).


Schedule
Forms E 4 and E 6 replaced

cls 16, 17

Form E 4
Charging order on land

r 17.40(2)

*Before the Honourable Justice [name, date]

*Omit if order is issued as of right.

To [name of liable party]

This court orders that your estate, right, title, or interest in possession, remainder, reversion, or expectancy (whether vested or contingent) in [land description] is charged with payment of the amount for which the entitled party, [name], may obtain/has obtained* judgment. The amount charged is $[amount]†.

*Select one.
†If this order seeks less than the full amount for which judgment was sealed, add the following words: “(less than the full amount of the judgment debt)”.

Date:

Signature:

(Registrar/Deputy Registrar*)

*Select one.

Form E 6
Final charging order

r 17.40(2)

Before the Honourable Justice [name, date]

To [name of liable party]

This court orders that your estate, right, title, or interest in [property description] be charged with payment of the amount for which the entitled party, [name], has obtained judgment and $[amount], being the costs and disbursements incurred in obtaining this order. The total amount charged is $[amount]*.

*If this order seeks less than the full amount for which judgment was sealed, add the following words: “(less than the full amount of the judgment debt is being charged by this order)”.

Date:

Signature:

(Deputy Registrar)

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 (except for rules 18 and 19) come into force on 1 July 2013, change a number of provisions in the High Court Rules that require updating or correction, in light of earlier changes made to the High Court Rules. These rules also change 2 forms to enable the name of the Judge to be recorded on the form, where that information may be relevant to the validity or effect of the order described in the form. Rules 18 and 19 (which come into force on 1 September 2013) make changes to the High Court Rules that are consequential on the enactment of the Marriage (Definition of Marriage) Act 2013. Rule 21 alters form B 2 to provide the costs that may be claimed by a judgment creditor include a filing fee as well as a fee for service.


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

Date of notification in Gazette: 23 May 2013.

These rules are administered by the Ministry of Justice.