High Court Rules 2016

  • This version was replaced on 29 January 2018 to make a correction to rule 20.13(3) under section 25(1)(k) of the Legislation Act 2012, and on 13 June 2018 to make corrections to Schedule 1 form G 1 under section 25(1)(g) of the Legislation Act 2012, and on 5 February 2019 to make a correction to Schedule 1 form B 5 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012.
2.11 Review of Registrar’s decision

(1)

An affected party to a proceeding or an intended proceeding may apply to a Judge by interlocutory application for a review of any of the following:

(a)

a Registrar’s exercise of jurisdiction:

(b)

a Registrar’s refusal to file a document tendered for filing:

(c)

a Registrar’s refusal to perform a duty placed on him or her under these rules.

(2)

The Judge may, on review, make any orders he or she thinks just.

(3)

It is not necessary to apply for an order for an extraordinary remedy under Part 30 or to make an application for review under the Judicial Review Procedure Act 2016 when seeking a review under subclause (1)(b) or (c).

(4)

Notice of an application for review must be filed,—

(a)

if it is made by a party who was present or represented when the decision or refusal of the Registrar was given, within 5 working days of the decision or refusal; or

(b)

if it is made by a party who was not present or represented, within 5 working days after the receipt by the party of notice of the decision or refusal.

(5)

An application for review under this rule is not a stay of proceeding or a step in the proceeding, unless a Judge, or a Registrar acting under rule 2.5, so directs.

Compare: 1908 No 89 Schedule 2 r 276

Rule 2.11(3): amended, on 1 March 2017, by section 183(a) of the Senior Courts Act 2016 (2016 No 48).