Harmful Digital Communications Rules 2016

2016/227

Coat of Arms of New Zealand

Harmful Digital Communications Rules 2016

Patsy Reddy, Governor-General

Order in Council

At Wellington this 17th day of October 2016

Present:
Her Excellency the Governor-General in Council

These rules are made under section 122(1) of the District Courts Act 1947 and section 27 of the Harmful Digital Communications Act 2015—

(a)

on the advice and with the consent of the Executive Council; and

(b)

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 is a District Court Judge).

Contents

1Title
2Commencement
3Objective
4Outline
5Interpretation
6Transitional, savings, and related provisions
7Application of rules
8Questions about application of rules
9Powers to extend or shorten time given in rules and orders for doing acts, etc
10How proceedings are started
11Making an application
12Information to be included in supporting affidavits
13Affidavit in support of application by representative
14Request that applicant’s residential address be kept confidential
15Request that applicant’s identity not be released
16Applications on notice must be referred to Judge
17Procedure after application on notice filed
18Notice of opposition to application on notice
19Time for filing notice of opposition
20Service of notice of opposition
21Procedure after application without notice filed
22Issue of interim order
23Notice that defendant wants to be heard on application
24Changing without notice application to an application on notice following Judge’s consideration
25Issue of harmful digital communication order
26Applying for variation or discharge of order
27Applying for order concerning disclosure of personal information
28Requirements applying to all documents in a proceeding
29Authentication
30Filing documents in court
31Number of copies to be filed
32Amending application or notice of opposition before service
33Amending documents in proceedings
34Service of applications, orders, and directions
35Personal service
36Service on lawyer accepting personal service on behalf of person
37Who can serve documents
38Service at address for service
39Methods of service if address for service is lawyer’s office
40Treatment of documents served on lawyer
41Lawyer must acknowledge document transmitted electronically
42Substituted service
43Proof of service of document
44Transfer of proceeding
45Transfer of hearing
46Transfer with or without application
47Procedure on transfer of hearing
48Cases not provided for
49Application of District Courts Rules 2014
Explanatory note
Administrative Information