District Court Act 2016

228 Rules of practice and procedure

(1)

The Governor-General may, by Order in Council, make rules regulating the practice and procedure of the court in the exercise of its jurisdiction—

(a)

under this Act:

(b)

under any other Act.

(2)

Rules made under subsection (1)(a) may be made only with the concurrence of the Chief District Court Judge and 2 or more members of the Rules Committee continued under section 155 of the Senior Courts Act 2016, of whom at least 1 is a District Court Judge.

(3)

The power to make rules under this section includes the power to—

(a)

alter, amend, or revoke existing rules; and

(b)

revoke existing rules and replace them with new rules.

(4)

Without limiting the matters on which rules may be made under subsection (1), rules may be made—

(a)

applying, with or without modification, provisions of the High Court Rules 2016:

(b)

prescribing the circumstances in which a proceeding may be transferred within the District Court and the procedure following transfer:

(c)

prescribing the procedure following the transfer of a proceeding from the District Court to the High Court or from the High Court to the District Court:

(d)

prescribing—

(i)

the procedure in the District Court in relation to the transfer into the High Court, under section 92, of a summary judgment application or any matter arising in a summary judgment application; and

(ii)

the procedure in relation to the removal into the High Court, under section 93, of a question of law:

(e)

prescribing the procedure following the transfer of a judgment of the District Court into the High Court or a judgment of the High Court into the District Court:

(f)

providing for discovery and inspection of documents before the commencement of a proceeding:

(g)

providing for discovery by, and the inspection of the documents of, a person who is not a party to a proceeding:

(h)

requiring a party to a proceeding to obtain the leave of the District Court or the High Court to appeal against or to seek review of a decision given or an order made in a proceeding:

(i)

providing for the examination of a judgment debtor:

(j)

prescribing, according to the nature of the proceeding and the amount involved in the proceeding, the costs and charges to be paid by one party or the parties in the proceeding to the other party or parties, in addition to the moneys paid out of pocket:

(k)

providing for custody of District Court records:

(l)

providing for the receipt of and accounting for money paid into or from the District Court:

(m)

authorising a Registrar to hear and determine any proceeding under this Act (but not if the proceeding is a proceeding under any of sections 74 to 79):

(n)

authorising a Registrar to hear and determine any proceeding under this Act, including a proceeding under any of sections 74 to 79, in which a defendant fails to appear at the hearing or admits the claim:

(o)

prescribing the circumstances in which the powers, privileges, and duties of a Deputy Registrar are not the same as those of a Registrar:

(p)

prescribing the circumstances in which the court may appoint an expert witness and prescribing—

(i)

the procedure to be followed after the expert witness is appointed; and

(ii)

the rights of the parties in relation to the evidence given by the expert witness; and

(iii)

the manner in which the expert witness is to be remunerated:

(q)

prescribing the circumstances in which an order under section 105 or 106 can be made:

(r)

providing for documents to be sent in electronic form under section 208(1)(c), including (without limitation) provisions for the retention of records that evidence the fact that, and the date and time when, those documents were sent to electronic addresses:

(s)

regulating and providing for any other matters that were regulated or provided for by the District Courts Rules 2014 in force immediately before this Act comes into force:

(t)

providing for any other matters in respect of which rules are contemplated or specially authorised by this Act:

(u)

providing for any matter for which rules may be necessary or desirable.

Compare: 1947 No 16 s 122