“34

• Carbon copies shall not be filed as original documents; but such copies, if clear and legible, may be used as exhibits to affidavits.”

“36A

• The heading of every judgment and of every order (being an order that is required to be registered under any enactment) shall be the same as the heading on the statement of claim.”

“238

• “(1) The date shown on the notice of application as the date for the hearing of the application shall be that allocated by the Registrar when the notice of the application is filed.

  “(2) Subject to subclause (3), the Registrar shall enter the application on the Chambers list for that date without any further request.

  “(3) Every interlocutory application for judgment under rule 136 or rule 137 shall be heard in open Court.

  “(4) The Registrar shall keep a ready list for interlocutory applications that the Court has directed shall be heard in open Court or that are required by subclause (3) to be heard in open Court.

  “(5) When an interlocutory application first comes before a Judge in Chambers, it shall be the duty of counsel to be ready to advise the Judge of the likely time needed for the hearing of the application.

  “(6) Before the hearing of the application (including an application under rule 136 or rule 137), a Judge in Chambers may make such orders as he thinks fit, including orders as to the date and place of hearing and the time within which any party may file affidavits.

  “(7) The Judge may exercise the powers conferred by subclause (6) when directing that an interlocutory application be heard in open Court or at any time and whether upon formal application or otherwise.”

• “(3) An application in respect of which no appearance is required may be disposed of at any time notwithstanding that the date for hearing shown in the notice of application may not have arrived, and the Registrar shall, as soon as possible after such disposal, give notice of the result thereof to—

  • “(a) The applicant or the applicant's solicitors; and

  • “(b) Any party who has consented in writing to the application or that party's solicitor; and

  • “(c) Any party who has filed written submissions under subclause (1)(c) or that party's solicitor.

• “(4) Where an application has been forwarded to another registry for disposal under rule 255, notice under subclause (3) shall be given by the Registrar in whose registry the application was filed.”

“442

• At the request of all the parties to a proceeding, a Judge may, at any time before the trial commences, convene a conference in Chambers of the parties for the purpose of negotiating for a settlement of the proceeding or of any issue, and may assist in such negotiations; but that Judge shall not preside at the trial of the proceeding unless—

  • “(a) All parties taking part in the conference consent; or

  • “(b) The only matter for resolution at the trial is a question of law.”

“448A Application of this Part to proceedings under Chattels Transfer Act 1924

• “(1) This Part applies to every proceeding in which the relief claimed is solely under section 13 of the Chattels Transfer Act 1924.

  “(2) The Registrars (not being Deputy Registrars) for the time being exercising their office at the registries of Auckland, Hamilton, Rotorua, Palmerston North, Wellington, Christchurch, and Dunedin shall have the jurisdiction and powers of the Court in Chambers conferred by section 13(1) of the Chattels Transfer Act 1924, but only in respect of the extension of time for the registration of an instrument or of an affidavit of renewal of an instrument.

  “(3) The provisions of rules 272 to 275 shall apply to the exercise of the jurisdiction conferred by subclause (2).

“448B Application of this Part to certain proceedings under the Land Transfer Act 1952 in relation to caveats

• This Part applies to every proceeding in which the relief is claimed solely under any of the provisions of sections 140, 143, 144, 145, and 148 of the Land Transfer Act 1952 (all of which provisions relate to caveats).”

• “(2) Subject to any direction by the Court in any particular case, nothing in subclause (1) applies in respect of—

  • “(a) A proceeding under the Law Reform (Testamentary Promises) Act 1949:

  • “(b) A proceeding in which relief by way of specific performance is sought.”

“541A

• Duplicates of any judgment, enfaced with the word ‘duplicate’, may be issued to any party.”

“596

• “(1) Notice of the time and place of every intended sale shall be given by advertisement in such newspaper or newspapers as the officer deems sufficient.

  “(2) The notice shall be first published,—

  • “(a) In any case where the property to be sold is or includes land, in some newspaper at east 21 days before the date of the intended sale:

  • “(b) In any other case, in some newspaper at least 5 days before the date of the intended sale.

  “(3) The notice may be republished in the same or such other newspaper or newspapers in such manner and to such extent as the officer deems sufficient.

  “(4) The notice—

  • “(a) Shall contain the information specified in rule 598; and

  • “(b) Shall be in such form and shall contain such further particulars as the officer deems sufficient.”

• “(2) An application under subclause (1) may be filed by post in accordance with rule 240 as if the application were an interlocutory application.”

• “(4) If the application for a grant is filed in a wrong registry, the Court may order that the application, and all other documents filed in the proceeding, be transferred to the proper registry.”

“658

• “If-

  • “(a) The will has been signed by the testator by mark or by some other person by direction of the testator and it is not certified in the attestation clause that the will was read over and understood by the testator before the testator signed it; or

  • “(b) It appears that the testator was blind or illiterate and it is not certified in the attestation clause that the will was read over to and understood by the testator before he signed it; or

  • “(c) For any other reason the Court is doubtful whether or not the testator had knowledge of the contents of the will at the time of its execution or had, at that time, full possession of his mental faculties,—

  “evidence satisfying the Court that the testator had that knowledge or full possession of his mental faculties shall be given in accordance with rule 664.”

“The length of time required for the trial or hearing is estimated—

• “(a) By counsel (or solicitor) for the Plaintiff to be days:

• “(b) By counsel (or solicitor) for the Defendant to be days:

• “(c) By counsel (or solicitor) for the [Additional party] to be days.”

“1

• The above-named deceased (whom I knew) died at [Place] in [Country] on or about the day of 19.”

“8

• [If the applicant is the widow or the widower of the deceased] I am the widow (or the widower) of the above-named deceased and, at the time of the death of the above-named deceased, there was not in force any absolute decree or order or any legislative enactment for my divorce from the above-named deceased or for the dissolution or nullity of the marriage between the above-named deceased and myself.”OR

“8

• [If the applicant is a former spouse of the deceased and, despite the existence of a decree or order or legislative enactment of the kind described in section 2 of the Wills Amendment Act 1977, the applicant's appointment as executor is not null and void by virtue of that section] I am a former spouse of the above-named deceased and, despite the fact that, at the time of the death of the above named deceased, there was in force a [Give particulars of the decree or order or legislative enactment for the divorce of the deceased from the deponent or for the dissolution or nullity of the marriage between the above-named deceased and the applicant], my appointment as executor is not null and void by virtue of section 2 of the Wills Amendment Act 1977 because [State the facts showing why the applicant's appointment is not rendered null and void by that section].”

“In the High Court of New Zealand

“(Administrative Division)

Registry No. Under the [Specify enactment] In the matter of [Specify claim, etc.] Between [Full name] Appellant and [Full name] Respondent