High Court Rules 2016

Part 5 Commencement of proceedings and filing of documents

Subpart 1—Proper registry of court

5.1 Identification of proper registry

(1)

The proper registry of the court, for the purposes of rules 5.25 and 19.7, is,—

(a)

when a sole defendant is resident or has a principal place of business in New Zealand, the registry of the court nearest to the residence or principal place of business of the defendant, but when there are 2 or more defendants, the proper registry is determined by reference to the first-named defendant who is resident or has a principal place of business in New Zealand:

(b)

when no defendant is resident or has a principal place of business in New Zealand, the registry the plaintiff selects:

(c)

when the Crown is a defendant, the registry nearest to the place where the cause of action or a material part of it arose:

(d)

despite paragraphs (a) to (c), the court at Wellington in the case of proceedings that consist of or include 1 or more of the following kinds of action or application:

(i)

an application for judicial review under the Judicial Review Procedure Act 2016 that arises out of, or relates to, the making of a designation under the Terrorism Suppression Act 2002:

(ii)

an application for, or in the nature of, an extraordinary remedy under Part 30 of these rules that arises out of, or relates to, the making of a designation under the Terrorism Suppression Act 2002:

(iii)

an application under section 35, 47E, or 55 of the Terrorism Suppression Act 2002:

(e)

despite paragraphs (a) to (c), the court at Wellington or the court at Auckland in the case of applications under the Immigration Act 2009 in proceedings involving classified information.

(2)

Despite subclause (1)(a), if the place where the cause of action sued on, or some material part of it, arose is nearer to the place where the plaintiff or the plaintiff first-named in the statement of claim resides than to the place where the defendant resides, the proper registry of the court for the purposes of subclause (1) is, at the option of the plaintiff or the plaintiff first-named, as the case may be, the registry nearest to the residence of the plaintiff or the plaintiff first-named, as the case may be.

(3)

If a plaintiff proposes to exercise the option conferred by subclause (2), the plaintiff must file with the statement of claim and notice of proceeding an affidavit by the plaintiff or the plaintiff’s solicitor stating the place where the cause of action or the material part of it arose, and that that place is nearer to the place where the plaintiff or the plaintiff first-named in the statement of claim resides than to the place where the defendant resides.

(4)

If it appears to a Judge, on application made, that the statement of claim has been filed in the wrong registry of the court, he or she may direct that the statement of claim or all documents filed in the proceeding be transferred to the proper registry.

(5)

If it appears to a Judge, on application made, that a different registry of the court 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: 1908 No 89 Schedule 2 r 107

Rule 5.1(1)(d)(i): amended, on 1 March 2017, by section 183(a) of the Senior Courts Act 2016 (2016 No 48).

Rule 5.1(1)(e): inserted, on 2 December 2010, by rule 21 of the High Court Amendment Rules (No 2) 2010 (SR 2010/394).