District Court Rules 2014

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Reprint as at 1 September 2017

Coat of Arms of New Zealand

District Court Rules 2014

(LI 2014/179)

Rules name: amended, on 1 March 2017, by section 246(a) of the District Court Act 2016 (2016 No 49).

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 26th day of May 2014

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Ministry of Justice.

Pursuant to section 122 of the District Courts Act 1947, section 11 of the Admiralty Act 1973, section 16 of the Arbitration Act 1996, section 42 of the Harassment Act 1997, section 81 of the Construction Contracts Act 2002, and section 213 of the Local Government Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and (in relation to the jurisdiction conferred by the District Courts Act 1947, the Admiralty Act 1973, or the Construction Contracts Act 2002), 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.

Contents

1.1Title
1.2Commencement
1.3Objective
1.4Interpretation
1.5Application of rules
1.6Transitional and savings provisions
1.7Application issues
1.8Non-compliance with rules
1.9Directions as to conduct of proceedings
1.10Security
1.11Cases not provided for
1.12Amendment of defects and errors
1.13Oral applications for relief
1.14Consent instead of leave of court
1.15Speaking in Māori
1.16Translation of documents into te reo Māori
1.17Failure to give notice
1.18Translation may be ordered by court
1.19Affidavit in language other than English
1.20Sign language
1.21Calculating periods of time
1.22When time expires when court registry is closed
1.23Extending and shortening time
1.24Lawyers’ duties
1.25Variation of forms
1.26Communication with foreign court
2.1Court holidays
2.2Sittings on court holidays
2.3Closing or opening by special order
2.4Registry hours
2.5Epidemics and emergencies
2.6Filing by post
2.7Registrars’ jurisdiction and powers relating to interlocutory applications
2.8Limits on jurisdiction
2.9Powers ancillary to jurisdiction
2.10Jurisdiction in other registries
2.11Form of order
2.12Review of Registrar’s decision
2.13Application for order
2.14Powers of court in relation to application
2.15Disposal of securities and income
3.1Location of rules concerning access to court documents
3.2Application [Revoked]
3.3General right of access to formal court record [Revoked]
3.4Right of parties to access court file or documents [Revoked]
3.5Access to documents during substantive hearing stage [Revoked]
3.6Meaning of relevant deadline in rule 3.5 [Revoked]
3.7Access to court files, documents, and formal court record in other cases [Revoked]
3.8Restrictions on access [Revoked]
3.9Applications for permission to access documents, court file, or formal court record other than at hearing stage [Revoked]
3.10Decisions on applications under rule 3.9 [Revoked]
3.11Review of decisions by Registrar [Revoked]
3.12Matters to be taken into account [Revoked]
4.1Limit on parties
4.2Plaintiffs
4.3Defendants
4.4Third parties
4.5Fourth parties
4.6Subsequent parties
4.7Status of third, fourth, and subsequent parties
4.8Court’s power and discretion
4.9Application of third party notice rules to fourth and subsequent party notices
4.10Requirements of third party notice
4.11Filing of third party notice
4.12Service on third party
4.13Service on plaintiff
4.14Filing and service of statement of defence
4.15Service of application for leave
4.16Setting aside third party notice
4.17Default in filing statement of defence
4.18Right to give notice
4.19Statement of claim to be filed and served
4.20Statement of defence
4.21Form of notice
4.22Effect of omission to give notice
4.23Trustees, executors, and administrators
4.24Persons having same interest
4.25Partners
4.26Person trading as firm
4.27Representation by other persons
4.28Relators
4.29Incapacitated person, litigation guardian, and minor defined
4.30Incapacitated person must be represented by litigation guardian
4.31Minor must be represented by litigation guardian
4.32Minor may apply to conduct proceeding without litigation guardian
4.33Application of rules 4.34 to 4.46 to minors
4.34Court may set aside step in proceeding
4.35Appointment of litigation guardian
4.36Application to be served on person for whom litigation guardian is to be appointed
4.37Notification of appointment
4.38Powers of litigation guardian
4.39Heading on documents when incapacitated person is represented
4.40Service of documents
4.41Representation to be disregarded in making award of costs
4.42Award of costs enforceable against incapacitated person or litigation guardian
4.43Liability of former litigation guardian for costs subsequently awarded against incapacitated person
4.44Compliance with liability order
4.45Litigation guardian may be reimbursed for costs out of property of incapacitated person
4.46Retirement, removal, or death of litigation guardian
4.47Procedure when person ceases to be incapacitated person
4.48Procedure when minor attains full age
4.49Proceeding not to come to end
4.50Procedure on death, bankruptcy, and devolution
4.51Devolution when proceeding pending
4.52New parties order
4.53Discharge or variation of new parties order
4.54Change of name
4.55Parties wrongly joined
4.56Striking out and adding parties
4.57Interpretation
4.58Right to interplead
4.59Form of application
4.60Affidavit in support
4.61Time for applying
4.62Claimants to file affidavits
4.63Powers of court
4.64Costs of applicant
5.1How to determine proper registry
5.2Transfer under section 43 of Act
5.3Papers to be forwarded to High Court
5.4Transfer under section 46 of Act
5.5Non-complying documents
5.6Paper
5.7Contents to be typed, etc
5.8Margin
5.9Signature to be original
5.10Cover sheet, numbering, and fastening of document
5.11Description of document
5.12Heading generally
5.13Format of cover sheet
5.14Heading on statement of claim and counterclaim
5.15Heading on judgment and certain orders
5.16Heading on other documents
5.17Division into paragraphs
5.18Numbers
5.19Information at foot of cover sheet
5.20Distinct matters to be stated separately
5.21Denial of representative character
5.22Denial of contract
5.23Effect of document to be stated
5.24Notice requiring further particulars or more explicit pleading
5.25Notice of proceeding to be filed with statement of claim
5.26Requirements as to notice of proceeding
5.27When not necessary to file notice of proceeding
5.28Proceeding commenced by filing statement of claim
5.29Statement of claim to show nature of claim
5.30Statement of claim to specify relief sought
5.31Inclusion of several causes of action
5.32Joint plaintiffs
5.33Representative capacity of party
5.34Specifying relief sought
5.35Amount of money claim
5.36Special damages
5.37Set-off
5.38Authority to file documents
5.39Authority of certain Australian solicitors in certain trans-Tasman proceedings
5.40Solicitor’s warranty as to authorisation to file documents
5.41Solicitor on record
5.42Authority to sign documents
5.43Change of representation or address for service
5.44Withdrawal of solicitor who has ceased to act for party
5.45Address for service of party whose solicitor has ceased to act
5.46Solicitors to inform clients of orders or directions
5.47Memorandum at end of first document filed by party
5.48Power to make order for security for costs
5.49Filing and service of statement of defence
5.50Requirements of statement of defence
5.51Appearance and objection to jurisdiction
5.52Appearance for ancillary purposes
5.53Appearance reserving rights
5.54Forms
5.55Counterclaim against plaintiff only
5.56Heading of counterclaim
5.57Filing and service
5.58Defence to counterclaim
5.59Counterclaim against plaintiff and another person
5.60Place of trial of counterclaim
5.61Status of counterclaim if proceeding stayed
5.62Counterclaim by counterclaim defendant
5.63Restriction when the Crown involved
5.64Duty to file and serve reply
5.65Contents of reply
5.66Service generally
5.67Personal service required
5.68Prompt service required
5.69Extension of time for service
5.70Notice of service to Registrar
6.1Methods of service
6.2Service of copies
6.3Notices
6.4Personal service on spouses or partners
6.5Service at address for service
6.6Service by means of post office box, document exchange, fax, or email
6.7Service under agreement
6.8Substituted service
6.9Notices to be given by Registrar
6.10Proof of service
6.11Personal service
6.12Personal service on New Zealand corporations
6.13Personal service in New Zealand on foreign corporations
6.14Personal service on Australian corporations, partnerships, and attorneys
6.15Personal service in Australia on foreign corporations
6.16Personal service on unincorporated societies
6.17Personal service on partnership or apparent partnership
6.18Personal service on attorney or agent of absentee
6.19Service on representatives
6.20Service on solicitor
6.21Service of statement of claim on certain days void
6.22Failure to give address for service
6.23When allowed without leave
6.24When allowed with leave
6.25Court’s discretion whether to assume jurisdiction
6.26Service of other documents outside New Zealand
6.27Notice to defendant served outside New Zealand
6.28Service outside New Zealand
6.29Service through official channels
6.30Service in convention countries
6.31Time for filing defence
6.32Subpart does not apply to service in Australia of documents for or in certain trans-Tasman proceedings
7.1Proceedings subject of case management
7.2First case management conference
7.3Judicial settlement conference
7.4Second case management conference
7.5Additional case management conferences
7.6Steps after close of pleadings date restricted
7.7Cancellation of case management conference
7.8Limitation of right of appeal
7.9Timetable and monitoring obligations
7.10Lists of proceedings
7.11Registrar’s functions in relation to hearing dates
7.12Contents, form, and filing of interlocutory application
7.13Affidavit to be filed with application
7.14Filing by post
7.15Service of application and supporting affidavit
7.16Application without notice
7.17Notice of opposition to application
7.18Affidavit to be filed with notice of opposition
7.19Affidavit in reply
7.20Evidence normally given by affidavit
7.21Cross-examination of maker of affidavit
7.22Rules governing affidavits
7.23Statements of belief in affidavits
7.24When admissions binding
7.25Previous affidavits and agreed statements of fact
7.26Allocation of hearing date
7.27Mode of hearing
7.28Publication about hearing in chambers
7.29Application for summary judgment to be heard in open court
7.30No hearing required if respondents consent or do not oppose
7.31Respondent who consents, or who does not oppose, need not attend hearing
7.32Synopsis of argument
7.33Failure to attend
7.34Certain applications may be made orally at hearing
7.35Adjournment
7.36Making of interlocutory orders
7.37Power to grant interlocutory order or interlocutory relief
7.38Interlocutory orders may be made subject to conditions
7.39Determination of application without notice
7.40Drawing up and sealing interlocutory order
7.41Enforcement of interlocutory order
7.42Order relating to management of proceeding may be varied if circumstances change
7.43Order may be rescinded if fraudulently or improperly obtained
7.44Limitation as to second interlocutory application
7.45Application for injunction
7.46Undertaking as to damages
7.47Preservation of property
7.48Sale of perishable property before hearing
7.49Order to transfer part of property to person with interest in property
7.50Interim payment of income to person with interest in income
7.51Application
7.52Address for service
7.53Receiver must give security
7.54Remuneration of receiver
7.55Accounts of receiver
7.56Examination of accounts
7.57Default by receiver
7.58Powers of receiver
7.59Accounts on death of receiver
7.60Interpretation
7.61Application for interim payment
7.62Order for interim payment in respect of damages
7.63Order for interim payment in respect of sums other than damages
7.64Method of payment
7.65Directions on interim payment application
7.66Non-disclosure of interim payment
7.67Adjustment on final judgment or order or on discontinuance
7.68Counterclaims and other proceedings
7.69Filing of amended pleading
7.70Recovery of specific property subject to lien or other security
7.71Arbitration by consent
8.1Interpretation
8.2Co-operation
8.3Preservation of documents
8.4List of documents relied on
8.5Discovery orders to be made at second case management conferences
8.6Two kinds of discovery
8.7Standard discovery
8.8Tailored discovery
8.9Presumption as to tailored discovery
8.10Obligation of party ordered to make tailored discovery
8.11Preparation for second case management conference
8.12Orders that may be made
8.13Solicitor’s discovery obligations
8.14Extent of search
8.15Affidavit of documents
8.16Schedule appended to affidavit of documents
8.17Variation of discovery order
8.18Continuing obligations
8.19Order for particular discovery against party after proceeding commenced
8.20Order for particular discovery before proceeding commenced
8.21Order for particular discovery against non-party after proceeding commenced
8.22Costs of discovery
8.23Incorrect affidavit of documents to be amended
8.24Who may swear affidavit of documents
8.25Challenge to privilege or confidentiality claim
8.26Crown documents and public interest
8.27Inspection of documents
8.28Privilege and confidentiality
8.29Order facilitating inspection
8.30Use of documents
8.31Effect of failure to include document
8.32Notice to produce documents or things
8.33Contempt of court
8.34Interrogatories by notice
8.35Duties of party served
8.36Limitation of interrogatories by notice
8.37Multiple parties
8.38Order to answer
8.39Contents of statement
8.40Objection to answer
8.41Who may swear affidavit verifying statement in answer to interrogatories
8.42Insufficient answer
8.43Incorrect answer to be amended
8.44Answers as evidence
8.45Public interest
8.46Defamation proceedings
8.47Notice to admit facts
8.48Judgment on admission of facts
9.1Objective and scope
9.2Exchange of documents and index
9.3Timing
9.4Preparation of common bundle
9.5Consequences of incorporating document in common bundle
9.6Consequence of not incorporating document in common bundle
9.7Requirements in relation to briefs
9.8Supplementary briefs
9.9Exchange of chronology of facts intended to be relied upon at trial or hearing
9.10Oral evidence directions
9.11Compliance with Evidence Act 2006
9.12Evidence-in-chief at trial
9.13Briefs not given in evidence
9.14Privilege and admissibility not affected by briefs
9.15Cross-examination duties
9.16Plaintiff’s synopsis of opening
9.17Order for examination of witness or for letters of request
9.18Security for costs for taking evidence outside New Zealand
9.19Documents for examiner
9.20Procedure for examination before examiner
9.21Examination of additional persons
9.22Objection to question
9.23Form of report
9.24Depositions as evidence
9.25Order for inspection, etc
9.26Notice of application
9.27Appointment of court expert
9.28Submission of question to court expert
9.29Report of court expert
9.30Experiments and tests
9.31Cross-examination of court expert
9.32Remuneration of court expert
9.33Calling of expert witnesses
9.34Expert witness to comply with code of conduct
9.35Court may direct conference of expert witnesses
9.36Status of joint witness statement by expert witnesses
9.37Evidence of expert witnesses at trial
9.38Right to preserve evidence
9.39Procedures in which the Crown may have interest
9.40Examination of witness
9.41Subsequent admissibility
9.42Evidence to be given orally
9.43Issue of witness summonses
9.44Service of summons
9.45Evidence of person in custody
9.46Affidavit evidence by agreement
9.47Affidavit evidence under order of court
9.48Agreed statement of facts
9.49Interpretation
9.50Issue of subpoenas by District Court for service in Australia
9.51Leave to serve New Zealand subpoena on witness in Australia
9.52Service of subpoena on witness in Australia
9.53Application to set aside New Zealand subpoena
9.54Service of documents on applicant
9.55Hearing of application
9.56Failure to comply with subpoena
9.57Evidence and submissions by remote appearance medium from Australia
9.58Application of rules 9.59 to 9.64
9.59Time for filing plaintiff’s affidavits
9.60Time for filing defendant’s affidavits
9.61Time for filing affidavits in reply
9.62Use of affidavits
9.63Swearing of affidavits
9.64Cross-examination of person who has sworn affidavit
9.65Person refusing to make affidavit
9.66Form and contents of affidavits
9.67Exhibits to affidavits
9.68Interlineation, alteration, or erasure in affidavit
9.69Irregularity in form of affidavit
9.70Service copies of affidavits
9.71Affidavit may be sworn on Sunday
9.72Affidavits made on behalf of corporation
9.73Affidavit by 2 or more persons
9.74Affidavit by blind or illiterate person
9.75Authority to take affidavits in New Zealand
9.76Authority to take affidavits in places outside New Zealand
9.77Meaning of authenticated deposition
9.78Admissibility of authenticated deposition
9.79Application of other rules
10.1Criteria for mode of trial
10.2Mode of trial may be changed before trial
10.3Timetable for short trial
10.4Features of short trial
10.5Affidavits of evidence and copies of documents for simplified trial
10.6Witnesses at simplified trial
10.7Features of simplified trial
10.8Full procedure applies to full trial
10.9Venue and changing it
10.10Adjournment of trial
10.11Method of trial
10.12Court may order separate trials
10.13When neither party appears
10.14When only plaintiff appears
10.15When only defendant appears
10.16Judgment following non-appearance may be set aside
10.17When both parties appear
10.18When order may be made
10.19Application of rule 10.18
10.20Definition of question
10.21Orders for decision
10.22Agreed result
10.23Record, etc, of decision
10.24Disposal of proceeding if proceeding substantially affected by decision of question
10.25Form and contents of case
10.26Insufficient case or disputed facts or documents
10.27Counsel assisting
11.1Interpretation
11.2Types of judgment
11.3How judgment given
11.4Time judgment given
11.5Delivery time of written judgment
11.6Form and certificates of judgments
11.7Duplicate judgments
11.8Death or incapacity of Judge before judgment
11.9Recalling judgment
11.10Correction of accidental slip or omission
11.11Judgments to be sealed, dated, and served
11.12When judgment takes effect
11.13Steps before judgment sealed
11.14Registrar’s role on receipt of judgment
11.15Conduct of proceedings after judgment
11.16Applying for dismissal because of inactivity
11.17Judgment directing sale of property
11.18Judgment for balance of claim over counterclaim
11.19Judgment for balance of counterclaim
11.20Cross judgments
11.21Judgment if third party defends
11.22Interest on judgment debt
11.23Satisfaction of judgment
11.24Power to order retrial
11.25Application for retrial
12.1Application of summary judgment procedure
12.2Judgment when there is no defence or when no cause of action can succeed
12.3Summary judgment on liability
12.4Interlocutory application for summary judgment
12.5Service out of New Zealand
12.6Requirements as to notice of proceeding
12.7Time for service
12.8Postponement of hearing
12.9Notice of opposition and affidavit in answer
12.10Statement of defence
12.11Affidavits in reply
12.12Disposal of application
12.13Time for filing statement of defence on dismissal of plaintiff’s application
12.14Setting aside judgment
12.15Discontinuance
12.16Application to counterclaims and claims against third parties
13.1Interpretation
13.2Application of Part
13.3Defendants
13.4Affidavit in support
13.5Service
13.6Time for filing statement of defence
13.7Power of court to make unlawful occupiers defendants
13.8Judgment for possession
13.9Possession order
14.1Costs at discretion of court
14.2Principles applying to determination of costs
14.3Categorisation of proceedings
14.4Appropriate daily recovery rates
14.5Determination of reasonable time
14.6Increased costs and indemnity costs
14.7Refusal of, or reduction in, costs
14.8Costs in interlocutory applications
14.9Costs may be determined by different Judge
14.10Written offers without prejudice except as to costs
14.11Effect on costs
14.12Disbursements
14.13Joint and several liability for costs
14.14Defendants defending separately
14.15Claim and counterclaim both established
14.16Set-off if costs allowed to both parties
14.17Solicitor acting in person
14.18Proceeding transferred from High Court
14.19Enforcement of order for costs
15.1Dismissing or staying all or part of proceeding
15.2Dismissal for want of prosecution
15.3Application where appearance
15.4Affidavits to be filed
15.5When several causes of action
15.6When several defendants
15.7Liquidated demand
15.8Recovery of land or chattels
15.9Formal proof for other claims
15.10Judgment may be set aside or varied
15.11Overseas service cases
15.12Judgment on admission of facts
15.13Admission of cause of action
15.14Admission of defence
15.15Interpretation
15.16Right to discontinue proceeding
15.17Restrictions on right to discontinue proceeding
15.18Effect of discontinuance
15.19Court may set discontinuance aside
15.20Costs
15.21Restriction on subsequent proceedings
15.22Certain remedies not affected
16.1Interpretation
16.2Orders for accounts and inquiries
16.3Directions
16.4Summary order for accounts
16.5Mutual accounts
16.6Account-taker
16.7Direction as to evidence
16.8Remuneration of accountant
16.9Form and verification of account
16.10Filing and service of account
16.11Notice of receipt that is not admitted
16.12Notice of error
16.13Admission of items
16.14Appointment and notice for taking accounts
16.15Parties to attend account hearing
16.16Adjournment of account hearing
16.17Power of summary decision
16.18Examination of accounting party
16.19Production of documents
16.20Interest on debts of deceased person
16.21Accounting and estimates
16.22Directions for inquiries
16.23Powers of persons taking accounts or making inquiries
16.24Duty of persons summoned to attend
16.25Time for proving claims
16.26Statement of claim to be filed
16.27Failure to claim within time
16.28Result to be certified
16.29Party may ask for court’s decision
16.30Certificate or report when approved to be signed by Judge
16.31Effect of certificate or report when filed
16.32Distribution before all persons entitled are ascertained
16.33Payment of share carried over to separate trust account
16.34Report under section 62 or 62A of Act
16.35Abandonment of excess if more than $200,000 found due on taking of accounts
17.1Agreement not to appeal
17.2Leave to appeal
18.1Application of this Part
18.2Interpretation
18.3Judge may call conference and give directions
18.4Time for appeal if there is right of appeal
18.5Commencement of periods in rule 18.4
18.6When appeal brought
18.7Power to dispense with service
18.8Filing notice of appeal
18.9Contents of notice of appeal
18.10Stay of decision subject to appeal
18.11Cross-appeal
18.12Dismissal or stay or abandonment of appeal or cross-appeal
18.13Security for appeal
18.14Documents to be lodged with Registrar
18.15Order for transcript of evidence
18.16Report by decision-maker
18.17Further evidence
18.18Decision-maker entitled to be heard on appeal
18.19Appeal is rehearing
18.20Powers of court in relation to evidence heard on appeal
18.21Court has powers of decision-maker
18.22Counsel assisting court
18.23Appeals from decision arising from contested application
18.24Powers of court on appeal
18.25Dismissal of appeal
18.26Repayment of judgment sum and interest
18.27Registrar to notify decision of court
19.1Payment in reduction of amount
19.2Sale of personal property
19.3Examination of any party
19.4Application by judgment creditor of partner
19.5Application by partner of judgment debtor
19.6Change of parties after judgment
19.7Change of name, etc, of party after judgment
19.8Application to Registrar for suspension of judgment, etc
19.9Stay of judgment, etc
19.10Discharge of person under section 98 of Act
19.11Receipt to be attached to warrant
19.12Bailiff to enforce warrants, etc
19.13New order for payment of unsatisfied judgment
19.14Application for civil enforcement process
19.15Hearing in different place
19.16Non-appearance of judgment creditor or witness at assessment
19.17Record of assessment hearing
19.18Warrant of arrest
19.19Review of Registrar’s decision
19.20Contempt of enforcement proceedings
19.21Hearing of contempt of enforcement proceedings if judgment debtor at distance
19.22Certain fees, costs, and expenses incurred by judgment creditor may be recovered
19.23Interpretation
19.24Application for charging order
19.25Filing of application for charging order
19.26Value of property exceeding $200,000
19.27Charging order where amount involved small
19.28Form of charging order
19.29Application for relief by persons prejudicially affected
19.30Claim of third person on property charged
19.31Apportionment when more than 1 charging order
19.32Charging order final in first instance
19.33Registration of charging order under Land Transfer Act 1952
19.34Registration of charging order under Deeds Registration Act 1908
19.35Lodging of charging order under Crown Minerals Act 1991
19.36Sale before registration of charging order
19.37Discharge of land or mining privilege from charging order
19.38Charging order expires after 2 years
19.39Property other than land that may be charged
19.40Interim charging order
19.41Effect of interim charging order
19.42Liability for breach of interim charging order
19.43Money may be paid into court
19.44Application to make interim charging order final
19.45Costs of charging orders
19.46Removal of final charging order to High Court
19.47Application for warrant to seize property
19.48Order of priority
19.49Issue, duration, and renewal
19.50Enforcement against firm
19.51Concurrent warrants to seize property
19.52Costs of warrants to seize property
19.53Holding over enforcement and withdrawing from possession
19.54Reissue of warrant to seize property
19.55Possession fees
19.56Bailiff to make inventory
19.57Accounts of sale
19.58Bailiff to furnish statements to Registrar
19.59Court may order enforcement on returned warrant to seize property
19.60Application for private sale
19.61Warrant for recovery of chattels
19.62Warrant of committal
19.63Warrant to seize property for value of chattels and for damages, etc
19.64Where possession ordered to be taken until security given
19.65Warrant to recover land
19.66Judgment or order enforceable by committal
19.67Application for warrant of committal
19.68Discharge of person in custody
19.69Release on bail pending hearing of application for discharge from custody
19.70Interpretation
19.71Garnishee proceeding
19.72Where debt exceeds $200,000
19.73Starting proceeding
19.74Service and effect of service
19.75Statement to be filed by sub-debtor in respect of deposit or other accounts
19.76Payment into court by sub-debtor
19.77Payment out of court of money paid by sub-debtor
19.78Garnishee order where sub-debtor does not pay into court or appear
19.79Order in other cases
19.80Where debt stated to belong to third party
19.81Garnishee orders in respect of deposit and other accounts
19.82Discharge of sub-debtor as against judgment debtor
19.83Court may refuse order
19.84Where money due by sub-debtor under judgment or order
19.85Money in court
19.86Debts owing by firm
19.87Costs
19.88Garnishee proceeding against the Crown
19.89Notice of claim
19.90Notice to enforcement creditor
19.91Appraisement
19.92Admission of claim
19.93Order protecting bailiff
19.94Starting proceeding
19.95Service
19.96Security for costs where claimant does not reside in New Zealand
19.97Particulars and grounds of claim to be lodged
19.98Withdrawal or admission
19.99Claim for damages by claimant
19.100Claim for damages by enforcement creditor
19.101Payment into court where damages claimed
19.102Application for writ
19.103Form of writ, and procedure
19.104Costs where executor sues and fails
19.105Judgment and enforcement against executor or administrator
19.106Assets after judgment
19.107How documents may be sent
19.108Authentication of documents
20.1Types of proceedings
20.2Application of this Part to proceedings under Industrial and Provident Societies Act 1908
20.3This Part subject to rules under other Acts
20.4Commencement of proceedings
20.5Naming of defendants in cases involving deceased estates or trusts
20.6Persons served by direction of court need not be named as defendant
20.7Applications for directions as to service
20.8Orders giving directions as to service
20.9Proceeding without service
20.10Time for serving affidavit in support of appearance
20.11Statement of defence to be filed
20.12Evidence generally by agreed statement of facts or affidavit
20.13Application of this subpart
20.14Commencing proceedings
20.15Memorandum relating to filing and address for service
20.16Heading of documents
20.17Application of rules relating to interlocutory applications
20.18Directions as to parties and conduct of applications
20.19Evidence
20.20Cross-examination of person making affidavit
20.21Applications for directions as to service
20.22Application of subpart
20.23Interpretation
20.24Construction
20.25Procedure and practice
20.26Application of rules in other Parts
20.27Cases not provided for
20.28Forms
20.29Headings
20.30How to start proceedings
20.31Form of main application
20.32Documents accompanying main applications
20.33Supporting affidavits
20.34Number of copies to be filed
20.35Request that residential address be kept confidential
20.36Request that address of applicant’s solicitor be kept confidential
20.37Proper registry for filing main application
20.38Proceedings started in wrong court
20.39Procedure on filing main applications
20.40Requirement to file and serve notice of defence or address for service
20.41Consequences of failure to file and serve notice of defence
20.42Appointment of representative of certain minors
20.43Applications against minors
20.44Appointment of representative of person unable or unwilling to take proceeding
20.45Effect of minor turning 17, marrying, or entering into civil union
20.46Effect of ceasing to be unable or unwilling to take proceedings
20.47Personal service of applications
20.48Main applications served by Registrar
20.49Parties may not effect service
20.50Substituted service
20.51Power of Judge to call conference
20.52Orders and directions
20.53Amendment before service
20.54Transfer of proceeding
20.55Transfer of hearing
20.56Transfer with or without application
20.57Procedure on transfer of proceeding
20.58Procedure on transfer of hearing
20.59Form of restraining order
20.60Transfer of information to criminal court
20.61Interlocutory applications
20.62Applications for extending time used as delaying tactic
20.63Application of this subpart
20.64Interpretation
20.65Application of rules in other Parts
20.66Starting proceeding
20.67Application for removal order
20.68Procedure on applications for removal order
20.69Removal orders
20.70Service of removal order on respondent
20.71Service of removal order on other parties
20.72Mode of service of removal order
20.73Notice of objection
20.74Manner in which notice of objection to be dealt with
20.75Interlocutory applications
20.76Applications for extending time used as delaying tactic
20.77Notice where land entered to enforce removal order
20.78Application of this subpart
20.79Interpretation
20.80Application of other rules and practice of court
20.81Form of application for review
20.82Where to file application for review
20.83Procedure after filing of application for review
20.84Notice of opposition to application for review
20.85Adjudicator to forward documents relating to adjudication proceedings on request
20.86Application for adjudicator’s determination to be enforced
20.87Service
20.88Opposition to application for adjudicator’s determination to be enforced
20.89Application of this subpart
20.90Interpretation
20.91Application of other rules and practice of court
20.92Preliminary acts to be filed in collision cases
20.93Meaning of preliminary act
20.94Notice of filing of preliminary act to be served on other parties
20.95Registrar to seal and file preliminary acts
20.96Failure to lodge preliminary act
20.97Actions for limitation of liability
20.98Inspection of ship or other property
20.99Interpretation
20.100Entry of judgment where all parties agree
20.101Entry of judgment in other cases
20.102Application for entry of award as judgment
20.103Affidavit to be filed in support
20.104Service
20.105Entry as judgment without notice in exceptional circumstances
20.106Entry as judgment if defendant takes no steps
20.107Opposition to entry as judgment
21.1Proceedings on complaint of assault or rescue
21.2Misconduct or neglect of officers
21.3Witnesses and costs
21.4Non-attendance, etc, of witness
21.5Notice before imposing or enforcing fine
21.6Contempt of court
21.7Enforcement of fine
22.1Revocation
Gazette Information
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