District Court Rules 2014

Subpart 2—Originating applications

20.13 Application of this subpart

(1)

An application to the court under any of the following enactments must be filed as an originating application under this subpart:

(a)

sections 3, 8, 12, 13, and 20 of the Adoption Act 1955:

(b)

sections 8, 9, 19, and 20, of the Alcoholism and Drug Addiction Act 1966:

(c)

Arbitration Act 1996 (other than a proceeding to enforce an award by way of action—see rule 20.101):

(d)

section 72A of the Arms Act 1983:

(f)

sections 126, 130, 156, 158, 227, 330, and 381 of the Building Act 2004:

(g)

section 62 of the Civil Aviation Act 1990:

(i)

sections 9 and 10 of the Criminal Records (Clean Slate) Act 2004:

(j)

sections 52, 58(1), and 78(1) of the Crown Minerals Act 1991:

(k)

section 23(3) of the Defamation Act 1992:

(l)

sections 95D, 96, and 180 of the Electoral Act 1993:

(n)

section 32 of the Gas Act 1992:

(o)

Part 3A and section 126 of the Health Act 1956:

(p)

section 105 of the Land Transport Act 1998:

(q)

section 12 of the Layby Sales Act 1971:

(r)
[Revoked]

(s)

section 14(4) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:

(t)

sections 9, 12, and 16 of the Minors’ Contracts Act 1969:

(u)

sections 313 to 318, 332 to 343, and 357 of the Property Law Act 2007:

(w)

sections 153(1), 154(1), 157(1)(b), 158(1), 159(1), 160(2)(c), and 163(1) of the Search and Surveillance Act 2012:

(x)
[Revoked]

(2)

An application to the court under an enactment that expressly provides for the application to be made by originating application must be filed as an originating application under this subpart.

(3)

A party may apply without notice for permission to start a proceeding by originating application under this subpart, and the court may, if the court thinks just, permit the proceeding to start in that way. The proposed originating application must be filed with the application for permission.

(4)

This subpart applies to any originating application subject to the Act under which the application is made and any regulations or rules made under that Act.

(5)

Despite subclause (1)(c), a second or subsequent application to the court under the Arbitration Act 1996 concerning the same arbitration, whether brought by the plaintiff or the defendant, must be made by interlocutory application in the same proceeding as the first application.

Compare: SR 2009/257 r 6.1

Rule 20.13(1)(o): amended, on 4 January 2017, by section 20(1) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Rule 20.13(1)(r): revoked, on 14 August 2018, by section 38 of the Minors (Court Consent to Relationships) Legislation Act 2018 (2018 No 22).

Rule 20.13(1)(x): revoked, on 4 January 2017, by section 20(2) of the Health (Protection) Amendment Act 2016 (2016 No 35).