This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 1 July 2015, amend the District Courts Rules 2014 (the principal rules). Rules 6.6 and 9.54 of the principal rules are amended to add an additional 2 days to the periods after which certain documents served by ordinary post are treated as having been served. The amendment to rule 7.2 of the principal rules clarifies that memoranda related to case management may be filed by fax or email transmission. Rule 9.75 is amended to enable an affidavit to be sworn before a Registrar of the High Court.
The rules also amend rule 15.7 of the principal rules to include in the definition of liquidated demand a demand that is quantified in, or can be precisely calculated on the basis of, or by reference to, an enactment relied on by the plaintiff. This change will enable plaintiffs to obtain a judgment by default for such claims, if those claims are not defended (which was the position under the District Courts Rules 2009), rather than having to proceed by way of formal proof.
The reference in rule 16.6 of the principal rules to a chartered accountant who is a member of the New Zealand Institute of Chartered Accountants is replaced with a reference to a qualified statutory accountant (within the meaning of section 5(1) of the Financial Reporting Act 2013).
These rules also correct errors in 3 forms in Schedule 2 of the principal rules and an error in the time allocations provided in item 24A of Schedule 4 of the principal rules (which relates to costs).
Finally, these rules replace Schedule 5 of the principal rules (which relate to appropriate daily rates of recovery) to increase those rates to take account of changes in the New Zealand Producers Price Index since those rates were last adjusted in 2012.
Date of notification in Gazette: 28 May 2015.
These rules are administered by the Ministry of Justice.