District Court Rules 2014

  • This version was replaced on 11 September 2018 to make corrections to Schedule 2, form 92 under section 25(1)(j)(iii) of the Legislation Act 2012.
  • Previous title has changed

Part 5 Commencement of proceedings and filing of documents

Subpart 1—Proper registry of the court, transfer to High Court, transfer to District Court

5.1 How to determine proper registry

(1)

Documents that are required by these rules to be filed in the court must be filed in the registry—

(a)

either—

(i)

nearest to the residence or principal place of business of the defendant; or

(ii)

if the defendant is neither resident nor has a principal place of business in New Zealand, selected by the plaintiff; or

(b)

nearest to the place where the actions or omissions that led to the claim happened; or

(c)

nearest to the place where the property that is the subject of the claim is located; or

(d)

determined by the court or Registrar on the court’s or Registrar’s own initiative or on application.

(2)

If it appears to a Judge or Registrar, on application by either of the parties, that the statement of claim has been filed in the wrong registry, he or she may direct that the statement of claim and all documents be transferred to the proper registry.

(3)

If it appears to a Judge or Registrar, on application by either of the parties, that a different registry would be more convenient to the parties, he or she may direct that the statement of claim or all documents be transferred to that registry, and that registry becomes the proper registry.

Compare: HCR 5.1; SR 2009/257 r 3.1