Regulations
1 Title
These regulations are the Employment Court Regulations 2000.
2 Commencement
These regulations come into force on 27 November 2000.
3 Interpretation
(1)
In these regulations, unless the context otherwise requires,—
address for service, in relation to any party, means the address from time to time given by or on behalf of that party in accordance with regulation 27 or, if the party is a defendant as defined in section 4(1) of the Trans-Tasman Proceedings Act 2010 who is served in Australia under section 13 of that Act with an initiating document for a proceeding, the address of a place in New Zealand or Australia that, under section 18 of that Act, is or is to be treated as the defendant’s address for service for the proceeding
Authority means the Employment Relations Authority established by section 156 of the Act
court means the Employment Court established by section 186 of the Act
management system means the system for the management of hearings that is provided for in regulations 55 to 60
officer of the Authority means any employee of the department designated by the chief executive under section 185 of the Act to act as an officer of the Employment Relations Authority
overseas company has the meaning given to it by section 2 of the Companies Act 1993
overseas party means a party—
(a)
who is to be served out of New Zealand; or
(b)
who has been served out of New Zealand
registered post includes any postal service providing a system of recorded delivery, whether provided by New Zealand Post Limited or not
Registrar of the court means any employee of the department designated under section 198 of the Act to act as a Registrar of the court.
(2)
In these regulations, unless the context otherwise requires,—
(a)
a word or expression defined in the Act has the same meaning as it has in the Act:
(b)
a reference to a numbered form is a reference to the form so numbered in Schedule 1.
Compare: SR 1991/226 r 2
Regulation 3(1) address for service: amended, on 11 October 2013, by regulation 4 of the Employment Court (Trans-Tasman Proceedings Act 2010) Amendment Regulations 2013 (SR 2013/346).
Regulation 3(1) overseas company: inserted, on 10 December 2004, by regulation 3 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
Regulation 3(1) overseas party: inserted, on 10 December 2004, by regulation 3 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
4 Determination of proceedings
These regulations must be construed in a manner that best secures the speedy, fair, and just determination of proceedings before the court.
Compare: SR 1991/226 r 3
5 Filing by post
(1)
Any document that is required by these regulations to be filed with the Registrar of the court may be sent by post addressed to the Registrar of the court at the place at which the document is to be filed.
(2)
If a document is sent by post in accordance with subclause (1), any prescribed fees payable in respect of the filing of that document must accompany that document unless they have already been paid.
(3)
The Registrar of the court must acknowledge receipt of all documents sent to the Registrar by post in accordance with subclause (1).
6 Procedure
(1)
Every matter that comes before the court must be disposed of as nearly as may be in accordance with these regulations.
(2)
If any case arises for which no form of procedure has been provided by the Act or these regulations or any rules made under section 212(1) of the Act, the court must, subject to section 212(2) of the Act, dispose of the case—
(a)
as nearly as may be practicable in accordance with—
(i)
the provisions of the Act or the regulations or rules affecting any similar case; or
(iii)
the provisions of the rules (other than those on registrable Australian judgments) in the Trans-Tasman Proceedings Regulations and Rules 2013, but only insofar as the case is or involves a proceeding in which an initiating document is to be or has been served on a defendant in Australia under section 13 of the Trans-Tasman Proceedings Act 2010; or
(b)
if there are no such provisions, then in such manner as the court considers will best promote the object of the Act and the ends of justice.
Regulation 6(2)(a)(ii): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
Regulation 6(2)(a)(iii): inserted, on 11 October 2013, by regulation 5 of the Employment Court (Trans-Tasman Proceedings Act 2010) Amendment Regulations 2013 (SR 2013/346).
6A Challenge in respect of dismissal of frivolous or vexatious proceedings
(1)
An election under section 178Aof the Act is made by filing with the Registrar of the court, within the time prescribed by section 178A(2) of the Act, 3 copies of a statement of claim in form 1AA.
(2)
The statement of claim must be accompanied by a copy of the determination to which the election relates.
(3)
The prescribed fee must be paid at or before the time at which the statement of claim is filed.
Regulation 6A: inserted, on 1 April 2011, by regulation 4 of the Employment Court Amendment Regulations 2011 (SR 2011/25).
Proceedings
7 Challenges to determinations of Authority
(1)
An election under section 179 of the Act is made by filing with the Registrar of the court, within the time prescribed by section 179(2) of the Act, 3 copies of a statement of claim in form 1.
(2)
The statement of claim must be accompanied by a copy of the determination to which the election relates.
(3)
The prescribed fee must be paid at or before the time at which the statement of claim is filed.
8 Other proceedings
(1)
This regulation applies to the following proceedings:
(a)
every application, under section 6(5) of the Act, for an order declaring whether the person or persons named in the application are—
(i)
employees under the Act; or
(ii)
employees or workers within the meaning of any of the Acts specified in section 223(1) of the Act:
(b)
any proceedings founded on tort and brought under section 99 of the Act:
(c)
any proceedings under section 100 of the Act for the grant of an injunction:
(d)
any action under section 133 of the Act for the recovery of a penalty under the Act:
(e)
any application under section 139(4) of the Act for a compliance order:
(f)
any application for review, or other proceedings, brought under section 194 of the Act:
(g)
any other proceedings within the jurisdiction of the court that do not involve a challenge to a determination, or any part of a determination, of the Authority.
(2)
Proceedings to which this regulation applies are commenced by filing, with the Registrar of the court, 3 copies of a statement of claim in form 2.
(3)
The amount of the prescribed fee for filing a statement of claim is reduced by the amount of any fee paid by the plaintiff under regulation 13A for filing an application for leave to serve a statement of claim on an overseas party in the same proceedings.
(4)
The prescribed fee, or the reduced prescribed fee, must be paid at or before the time at which the statement of claim is filed.
Regulation 8(3): substituted, on 10 December 2004, by regulation 4 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
Regulation 8(4): added, on 10 December 2004, by regulation 4 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
9 Proceedings founded on tort and proceedings for grant of injunctions
(1)
The provisions of the High Court Rules 2016 that apply in relation to proceedings founded on tort apply, with all necessary modifications, in relation to any proceedings to which regulation 8(1)(b) applies.
(2)
The provisions of the High Court Rules 2016 that apply in relation to proceedings for the grant of injunctions apply, with all necessary modifications, in relation to any proceedings to which regulation 8(1)(c) applies.
(3)
Subclauses (1) and (2) are subject to the other provisions of these regulations and to any rules made, or directions given, by the court.
Compare: SR 1991/226 rr 16(4), 17(4)
Regulation 9(1): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
Regulation 9(2): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
10 Proceedings on application for review
(2)
Subclause (1) is subject to the other provisions of these regulations and to any rules made, or directions given, by the court.
Compare: SR 1991/226 r 21(4)
Regulation 10(1): amended, on 1 March 2017, by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).
Regulation 10(1): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
10A Statement of claim: challenge in respect of dismissal of frivolous or vexatious proceedings
(1)
A statement of claim filed under regulation 6A must specify, in consecutively numbered paragraphs,—
(a)
the general nature of the claim:
(b)
the facts (but not the evidence of the facts) upon which the claim is based:
(c)
any relevant employment agreement or employment contract or legislation and any provisions of the agreement or the contract or the legislation that are relied upon:
(d)
the grounds of the claim.
(2)
The matters listed in subclause (1) must be specified with such reasonable particularity as to fully, fairly, and clearly inform the court and the defendant of—
(a)
the nature and details of the claim; and
(b)
the grounds upon which the relief set out in section 178A(4) of the Act is sought.
(3)
Each paragraph of a statement of claim must be concise and confined to 1 topic.
Regulation 10A: inserted, on 1 April 2011, by regulation 5 of the Employment Court Amendment Regulations 2011 (SR 2011/25).
11 Statement of claim
(1)
Every statement of claim filed under regulation 7 or regulation 8 must specify, in consecutively numbered paragraphs,—
(a)
the general nature of the claim:
(b)
the facts (but not the evidence of the facts) upon which the claim is based:
(c)
any relevant employment agreement or employment contract or legislation and any provisions of the agreement or the contract or the legislation that are relied upon:
(d)
the relief sought, including, in the case of money, the method by which the claim is calculated:
(e)
the grounds of the claim:
(f)
any claim for interest, including the method by which the interest is to be calculated:
(g)
in the case of a statement of claim filed under regulation 7, whether a full hearing (a hearing de novo) is sought, and, if not, the matters required by section 179(4) of the Act, namely,—
(i)
any error of law or fact alleged by the plaintiff; and
(ii)
any question of law or fact to be resolved; and
(iii)
the grounds on which the election is made, which grounds are to be specified with such reasonable particularity as to give full advice to both the court and the other parties of the issues involved; and
(2)
The matters listed in subclause (1) must be specified with such reasonable particularity as to fully, fairly, and clearly inform the court and the defendant of—
(a)
the nature and details of the claim; and
(c)
the grounds upon which it is sought.
(3)
Each paragraph of a statement of claim must be concise and must be confined to 1 topic.
Compare: SR 1991/226 r 25
12 Service of statement of claim
The plaintiff must, as soon as practicable after filing a statement of claim, serve a copy of that statement of claim, and of any attachments to that statement of claim, on the defendant.
Compare: SR 1991/226 rr 14(3), 15(3), 16(3), 17(3)
13 Summary of argument
(1)
This regulation applies to the following proceedings:
(a)
any matter which is the subject of an election under section 179 of the Act, but which is not to be heard de novo:
(b)
any application for review, or other proceedings, brought under section 194 of the Act:
(c)
any other proceedings to which this regulation applies by virtue of a direction of the court.
(2)
The plaintiff, in any proceedings to which this regulation applies, must, at least 14 clear days before the date fixed for the hearing, file, with the Registrar of the court, a summary of the plaintiff’s argument in support of the statement of claim.
(3)
The defendant, in any proceedings to which this regulation applies, must, at least 7 clear days before the date fixed for the hearing, file, with the Registrar of the court, a summary of the defendant’s argument in opposition to the statement of claim.
(4)
The plaintiff must, as soon as practicable after filing a summary under subclause (2), serve a copy of that summary on the defendant.
(5)
The defendant must, as soon as practicable after filing a summary under subclause (3), serve a copy of that summary on the plaintiff.
Compare: SR 1991/226 rr 10, 11
13A Application for leave
(1)
An application for leave in any proceedings must be made in form 2A.
(2)
The application must—
(a)
state the grounds on which the application is made; and
(b)
be accompanied by an affidavit verifying the grounds on which the application is made.
(3)
The prescribed fee for filing an application for leave to serve a statement of claim on an overseas party is not payable by a plaintiff who has paid a fee under regulation 8 for filing a statement of claim in the same proceedings.
(4)
The prescribed fee, if payable, must be paid at or before the time at which the application is filed.
Regulation 13A: inserted, on 10 December 2004, by regulation 5 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
Special leave to remove matter to court
14 Application for special leave to remove matter to court
(1)
Every application under section 178(3) of the Act for special leave to remove a matter from the Authority to the court must be filed with the Registrar of the court.
(2)
The application—
(b)
must state the grounds on which the application is made; and
(c)
must be accompanied by a copy of the Authority’s determination declining to remove the proceedings to the court; and
(d)
may be accompanied by an affidavit verifying the grounds on which the application is made.
(3)
The prescribed fee must be paid at or before the time at which the application is filed.
Compare: SR 1991/226 r 18(1), (2)
15 Service of application for special leave
The applicant must, as soon as practicable after filing the documents required by regulation 14, serve a copy of each of those documents on the respondent to the application for special leave.
Compare: SR 1991/226 r 18(3)
16 Opposition to application for special leave
Except where the Registrar of the court or a Judge otherwise orders, every respondent who intends to oppose the application for special leave must—
(a)
file with the Registrar of the court, within 30 clear days after the date of the service on the respondent of the application for special leave, a written notice stating that the respondent opposes the application for special leave; and
(b)
without delay, serve a copy of that written notice on the applicant.
Compare: SR 1991/226 r 18(4)
Joinder of causes of action
17 Joinder of causes of action
(1)
A person who wishes to commence, at the same time, 2 or more proceedings against the same person or against different persons in relation to the same subject matter, may commence those proceedings by filing, with the Registrar of the court,—
(a)
a statement of claim in form 2; and
(b)
all of the other documents required for the commencement of the proceedings.
(2)
Proceedings commenced under subclause (1) must, for the purpose of the payment of a prescribed fee, be deemed to be 1 proceeding; but the fee payable in respect of those proceedings is the highest single fee that would be payable if each of those proceedings were commenced separately.
(3)
If proceedings commenced under subclause (1) are against more than 1 person, the plaintiff must serve the statement of claim on each such person.
Compare: SR 1991/226 r 24(1), (3)
18 Power of court to order separate hearings
In any case where justice so requires, the court may order separate hearings of proceedings and, for that purpose, may direct the sequence of the separate hearings, or may make such other order as the court thinks just.
Compare: 1908 No 89 Schedule 2 r 113
Statement of defence
19 Obligation to file statement of defence
(1)
Except where the Registrar of the court or a Judge otherwise orders, every defendant who intends to defend any proceedings in the court must file a statement of defence with the Registrar of the court.
(2)
The statement of defence must be filed,—
(a)
for a defendant served in New Zealand, within 30 clear days after the date of the service of the statement of claim on the defendant; or
(3)
Every defendant must, as soon as practicable after filing a statement of defence under subclause (1), serve a copy of the statement of defence on the plaintiff.
(4)
Every defendant who fails to comply with subclauses (1) to (3) may defend the proceedings only with the leave of the court.
(5)
Except where a Judge otherwise directs, nothing in this regulation applies to any action that has been accorded urgency under clause 21 of Schedule 3 of the Act or the court’s equity and good conscience jurisdiction.
Compare: SR 1991/226 r 26(1)–(5), (7)
Regulation 19(2): substituted, on 10 December 2004, by regulation 6 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
20 Statement of defence
(1)
Every statement of defence filed in accordance with these regulations—
(b)
must specify, in consecutively numbered paragraphs,—
(i)
whether the defendant admits or denies each of the allegations of fact contained in the plaintiff’s statement of claim so far as those allegations affect the defendant; and
(ii)
where the defendant has a positive defence, the details of that defence.
(2)
The details of a positive defence must include—
(a)
the general nature of the defence; and
(b)
the facts (but not the evidence of the facts) upon which the defence is based; and
(c)
references to any relevant employment agreement or employment contract or legislation and to any provisions of the agreement or the contract or the legislation that are relied upon.
(3)
Each paragraph of the statement of defence must be concise and must be confined to 1 topic.
(4)
Every statement of defence must specify the matters listed in subclause (1)(b) with such reasonable particularity as to fully, fairly, and clearly inform the court and the other parties of the nature and details of the defence to the plaintiff’s claim.
(5)
Every admission or denial must not be evasive but must substantively answer the point.
Compare: SR 1991/226 r 27
21 Response where hearing de novo not sought
(1)
This regulation applies if a statement of claim has been filed in accordance with regulation 7, but the plaintiff does not seek a hearing de novo.
(2)
If this regulation applies, the defendant may, in addition to complying with regulation 20, include in the statement of defence filed in accordance with regulation 19, an indication of the defendant’s view of the appropriate nature and extent of the hearing.
(3)
When a defendant has filed a statement of defence that includes a response in accordance with subclause (2), the plaintiff may file with the Registrar a further document replying to the defendant’s response.
(4)
Any such further document must be filed within 14 clear days after the date of the service of the statement of defence on the plaintiff.
(5)
The court must, after the plaintiff has filed a further document under subclause (3), or the time allowed by subclause (4) for filing a further document under subclause (3) has expired, give a direction under section 182(3) of the Act as to the nature and extent of the hearing.
Presentation of cases
22 Right to begin
If any proceedings involve a challenge to a determination of the Authority, the court must decide the order in which the plaintiff and the defendant are to present their respective cases and, in so deciding, must take into account the nature of the proceedings.
Place for filing documents
23 Place for filing statement of claim under regulation 7
Every statement of claim filed under regulation 7 must be filed in the office of the court that is in the same area as the office of the Authority that originally determined the matter.
Compare: SR 1991/226 r 28
24 Place for filing other originating documents
(1)
Every statement of claim filed under regulation 8 and every other originating document required to be filed must be filed in such office of the court (being an office in Auckland, Wellington, or Christchurch)—
(a)
as the person filing the statement of claim or other originating document considers to be nearest by the most convenient route to the place at which the events that gave rise to the cause of action or matter occurred; or
(b)
as is agreed on by the parties and noted on the statement of claim or other originating document.
(2)
The Registrar of the court of his or her own motion, or on the application of any party, may direct the transfer of any proceedings (including proceedings relating to an offence) from any office of the court to any other office of the court.
(3)
The filing of an originating document in the wrong office of the court does not render the proceedings or the document invalid.
Compare: SR 1991/226 r 29
Regulation 24(1)(a): amended, on 10 December 2004, by regulation 7 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
25 Place of hearing
(1)
The place at which any proceedings are heard must (unless the court, of its own motion or on the application of any party, otherwise directs) be the place at which the originating documents in those proceedings are filed.
(2)
The court, in giving a direction under subclause (1), must have regard to—
(a)
the needs of the parties and of the court; and
(b)
the convenience to the parties, the witnesses, and the court; and
(c)
the interests of justice.
Compare: SR 1991/226 r 30
26 Place for filing other documents
(1)
Every document filed in proceedings that have been commenced must be filed—
(a)
in the office of the court in which the originating documents in the proceedings are filed; or
(b)
if those proceedings have, pursuant to a direction under regulation 24(2), been transferred from one office of the court to another, in the office of the court to which those proceedings have been transferred.
(2)
The filing of a document in the wrong office of the court does not render the proceedings or the document invalid.
Compare: SR 1991/226 r 31
Service
27 Address for service
(1)
Every document filed with the Registrar of the court must contain at its foot a memorandum stating by whom the document was filed, and, if filed on behalf of any person, the name of that person.
(2)
The memorandum must also state an address for service, being an address at which any document may be left for, or sent to, the party filing the memorandum.
(3)
Any party may change that party’s address for service by—
(a)
filing with the Registrar of the court a notice of the change showing the new address for service; and
(b)
serving a copy of the notice on the opposing party.
(4)
Every memorandum or notice giving an address for service must set out a sufficient address for service, which must be the full postal address of either—
(a)
a place in New Zealand; or
(b)
a postal box provided in New Zealand by New Zealand Post Limited or some other provider of a postal service.
(4A)
Subclause (4) is subject to section 18 of the Trans-Tasman Procedings Act 2010 in the case of a defendant as defined in section 4(1) of that Act who is served in Australia under section 13 of that Act with an initiating document for the proceeding.
(5)
Every memorandum or notice may, in addition to giving the full postal address required by subclause (4), give—
(a)
a facsimile number for service; and
(b)
a document exchange number for service; and
(c)
an email address for service; and
(d)
a telephone number of the person by whom or on whose behalf the document is filed.
Compare: SR 1991/226 r 32
Regulation 27(4A): inserted, on 11 October 2013, by regulation 6 of the Employment Court (Trans-Tasman Proceedings Act 2010) Amendment Regulations 2013 (SR 2013/346).
28 Service of notices and documents
(1)
Except where the Registrar of the court or a Judge otherwise orders or these regulations otherwise require, every notice, order, or other document which is required to be served under the Act or these regulations and which relates to proceedings before the court may be served only—
(a)
by a party to the proceedings; or
(b)
by the authorised agent of a party to the proceedings; or
(c)
in the case of a notice of hearing, by the Registrar of the court.
(2)
Except where an Act, or these regulations, prescribes a particular or exclusive mode of service, service of a notice, order, or other document which is required to be served by the Act or these regulations and which relates to proceedings before the court may be effected,—
(a)
if the opposing party has not given an address for service,—
(i)
by leaving the notice, order, or document with the person to be served, or, if that person does not accept it, by putting it down in that person’s presence and bringing it to that person’s notice; or
(ii)
by sending it by registered post to the last known residence or place of business of the person to be served; or
(iii)
if the person to be served is a company or an organisation (including a union), by sending the notice, order, or document by registered post to the registered office of that company or organisation or to any postal box held in New Zealand by that company or organisation and provided by New Zealand Post Limited or some other provider of a postal service; or
(iv)
in such other manner as the Registrar of the court or a Judge directs:
(b)
if the opposing party has given an address for service,—
(i)
by leaving the notice, order, or document with the person to be served or, if that person does not accept it, by putting it down in that person’s presence and bringing it to that person’s notice; or
(ii)
by leaving the notice, order, or document at that address for service at any time between 9 am and 5 pm; or
(iii)
if the person to be served has given a facsimile number for service, by transmitting the notice, order, or document to that facsimile number; or
(iv)
if the person to be served has given a document exchange box number for service, by sending the notice, order, or document to that document exchange box; or
(v)
if the person to be served has given an email address for service, by sending the notice, order, or document to that email address; or
(vi)
by sending the notice, order, or document by registered post, ordinary post, or courier to that address for service; or
(vii)
if a person, being a barrister, solicitor, or other representative, represents in writing that that person is authorised to accept service of any notice, order, or document on behalf of the person to be served, by serving the notice, order, or document on that barrister, solicitor, or other representative in accordance with subparagraphs (i) to (vi); or
(viii)
in such other manner as the Registrar of the court or a Judge directs.
(3)
Nothing in this regulation applies to the service of a witness summons.
Compare: SR 1991/226 r 34
29 Service on New Zealand corporations
(1)
Service of a notice, order, or other document required to be served by the Act or these regulations may be effected on a corporation incorporated in New Zealand—
(a)
by service in accordance with regulation 28(2)(a)(i) or regulation 28(2)(b)(i) on—
(i)
the mayor, chairperson, president, principal administrative officer, managing director, secretary, treasurer, or other similar officer of the corporation; or
(ii)
any member, officer, or employee of the corporation at the corporation’s head office or principal place of business; or
(b)
by leaving the notice, order, or document at the corporation’s registered office; or
(c)
by serving the notice, order, or document on a member, officer, or employee of the corporation in such manner as the Registrar of the court or a Judge directs.
(2)
Subclause (1) is in addition to any provision made by or under any Act or these regulations for service of a notice, order, or other document on a corporation unless the provision so made is expressed to be exclusive of any other mode of service.
Compare: SR 1991/226 r 35
29A Service in New Zealand on overseas companies
A document that must be served in legal proceedings under the Act on an overseas company may be served in New Zealand only under section 389 of the Companies Act 1993.
Regulation 29A: inserted, on 10 December 2004, by regulation 8 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
29B Service in Australia on corporations
(1)
A document in a proceeding in which an initiating document is to be or has been served on a defendant under section 13 of the Trans-Tasman Proceedings Act 2010 may be served in Australia—
(a)
on a company registered in Australia under the Corporations Act 2001 (Aust), by sending the document by registered post to—
(i)
the registered office of that company; or
(ii)
a postal box held in Australia by that company and provided by an Australian postal operator (as defined in subclause (2)):
(b)
on a corporation incorporated in Australia (other than a company specified in paragraph (a)) in the same way as if it were a corporation to which regulation 29 applies:
(c)
on a foreign company registered under section 601CE of the Corporations Act 2001 (Aust) as follows:
(i)
by delivery to a person named in the register kept for the purposes of Division 2 of Part 5B.2 of that Act as a director of the foreign company and who is resident in Australia; or
(ii)
by delivery to a person named in that register as being authorised to accept service in Australia of documents on behalf of the foreign company; or
(iii)
by delivery to an employee of the foreign company at the foreign company’s place of business in Australia or, if the foreign company has more than 1 place of business in Australia, at the foreign company’s principal place of business in Australia; or
(iv)
by serving it in accordance with any directions as to service given by the court having jurisdiction in the proceeding; or
(v)
in accordance with an agreement made with the foreign company:
(d)
on a foreign corporation of the kind specified in subclause (3) by serving it in accordance with regulation 28(2)(a)(i)—
(i)
on a person appearing to have control of the business of that corporation; and
(ii)
at the principal or only place of business of that corporation in Australia.
(2)
Australian postal operator, in subclause (1)(a)(ii), means—
(a)
a corporation that is, or is a successor to, the corporation that on 11 October 2013 was the Australian Postal Corporation (and was also known as Australia Post) continued in existence by the Australian Postal Corporation Act 1989 (Aust); or
(b)
a PPO (that is to say, a private postal operator) that is a registered PPO as defined in section 3(1) of the Ombudsman Act 1976 (Aust).
(3)
Subclause (1)(d) applies to a foreign corporation that—
(a)
is not a foreign company registered under section 601CE of the Corporations Act 2001 (Aust); and
(b)
is incorporated but not in Australia and not in New Zealand; and
(c)
has a place of business in Australia; and
(d)
does not have a place of business in New Zealand.
(4)
Subclause (1) does not affect service on a party in accordance with regulation 28(2)(b) if the party has given, or is to be treated as having given, an address for service.
Regulation 29B: inserted, on 11 October 2013, by regulation 7 of the Employment Court (Trans-Tasman Proceedings Act 2010) Amendment Regulations 2013 (SR 2013/346).
30 Service on unincorporated societies
(1)
Service of a notice, order, or other document required to be served by the Act or these regulations may be effected on an unincorporated society by service in accordance with regulation 28(2)(a)(i) or regulation 28(2)(b)(i) on the president, chairperson, or secretary or any similar officer of the society.
(2)
Subclause (1) is in addition to any provision made by or under any Act or these regulations for service of a notice, order, or other document on an unincorporated society unless the provision so made is expressed to be exclusive of any other mode of service.
Compare: SR 1991/226 r 36
31 Service on partnership or apparent partnership
(1)
Service of a notice, order, or other document required to be served by the Act or these regulations on a partnership or on a person carrying on business in the name of a firm apparently consisting of more than 1 person may be effected by service in accordance with regulation 28(2)(a)(i) or regulation 28(2)(b)(i)—
(a)
on any partner or on any such person; or
(b)
at the principal place in New Zealand of the business of the partnership or apparent partnership, on any person appearing to have the control of the business there.
(2)
Subclause (1) is in addition to any provision made by or under any Act or these regulations for service of a notice, order, or document on a partnership or on a person carrying on business in the name of a firm apparently consisting of more than 1 person unless the provision so made is expressed to be exclusive of any other mode of service.
Compare: SR 1991/226 r 37
31AA Service in Australia on partnerships and attorneys
(1)
A document in a proceeding in which an initiating document is to be or has been served on a defendant under section 13 of the Trans-Tasman Proceedings Act 2010 may be served in Australia—
(a)
on a partnership, or on a person carrying on business in the name of a firm apparently consisting of more than 1 person, by serving it in accordance with regulation 28(2)(a)(i)—
(i)
on any partner or on that person; or
(ii)
at the principal place in Australia of the business of the partnership or apparent partnership, on any person appearing to have control of the business there:
(b)
on a person who is out of Australia and New Zealand by serving, in accordance with regulation 28(2)(a)(i), an attorney or agent of that person in Australia if the attorney or agent is authorised—
(i)
to transact that person’s affairs generally and to defend proceedings; or
(ii)
to transact the person’s affairs in respect of the subject matter of the proceeding and to defend the particular proceeding.
(2)
Subclause (1) does not affect service on a party in accordance with regulation 28(2)(b) if the party has given, or is to be treated as having given, an address for service.
Regulation 31AA: inserted, on 11 October 2013, by regulation 8 of the Employment Court (Trans-Tasman Proceedings Act 2010) Amendment Regulations 2013 (SR 2013/346).
31A Leave to serve statement of claim on overseas party
(1)
This regulation applies when a plaintiff seeks the leave of the court under clause 5A(a) of Schedule 3 of the Act to serve a statement of claim on an overseas party (because that party is not a defendant in Australia on whom, or on which, the statement of claim may under section 13 of the Trans-Tasman Proceedings Act 2010 be served without the court’s leave).
(2)
An application for leave must be made on notice to every party to the proceedings other than the overseas party.
(3)
An application for leave must be supported by an affidavit providing the court with information for the purposes of subclause (5) or subclause (6).
(4)
The court may give leave—
(a)
in the cases described in subclause (5); or
(b)
in any case in which the court considers that it should give leave, having regard to the factors in subclause (6).
(5)
For the purposes of subclause (4)(a), the cases are as follows:
(a)
the overseas party has submitted to the jurisdiction of the court; or
(b)
the employment agreement that is the subject of the proceedings—
(i)
was made in New Zealand; or
(ii)
was made by or through an agent trading or residing in New Zealand; or
(iii)
was to be wholly or partly performed in New Zealand; or
(iv)
was expressly or impliedly to be governed by New Zealand law; or
(v)
is said in the statement of claim to have been breached in New Zealand, wherever it was made; or
(c)
the overseas party is a necessary and proper party to the proceedings brought by the plaintiff against a person who is to be, or has been, served in New Zealand.
(6)
For the purposes of subclause (4)(b), the factors are as follows:
(a)
where the overseas party is or may be found; and
(b)
whether the overseas party is a New Zealand citizen; and
(c)
the amount or value of the matter in dispute; and
(d)
the importance of the matter; and
(e)
the existence of a court with jurisdiction in the matter in the place where the overseas party is; and
(f)
the comparative cost and convenience of having the matter dealt with in New Zealand or in the place where the overseas party is.
(7)
The court gives leave by making an order.
Regulation 31A: inserted, on 10 December 2004, by regulation 9 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
Regulation 31A(1): amended, on 11 October 2013, by regulation 9 of the Employment Court (Trans-Tasman Proceedings Act 2010) Amendment Regulations 2013 (SR 2013/346).
31B Service on overseas party in convention country
(1)
This regulation applies when—
(b)
a convention on the service of documents in proceedings in the courts is in force between—
(i)
the Sovereign of New Zealand and the Head of State of another country; or
(ii)
the New Zealand Government and the government of another country; and
(c)
the convention provides for the service of documents by official means in the other country; and
(d)
the plaintiff wants to use the convention’s provisions; and
(e)
there in nothing in the convention’s provisions that prevents the plaintiff from using them.
(2)
The plaintiff may file a request for the service of the plaintiff’s statement of claim on an overseas party.
(3)
The request must be made in form 2B.
(4)
The request must be accompanied by the following for each overseas party:
(a)
the statement of claim; and
(c)
a copy of the statement of claim for the purpose of using it as an exhibit to the evidence verifying service; and
(e)
if any overseas party’s language is not English,—
(i)
a translation of the statement of claim into the party’s language for service with the statement of claim; and
(ii)
a statement that satisfies the Registrar verifying the translation as correct; and
(iii)
a copy of the translation for the purpose of using it as an exhibit to the evidence verifying service.
(5)
The Registrar must—
(a)
seal the documents described in subclause (4)(a), (b), (c), (e)(i), and (e)(iii) with the seal of the court; and
(b)
send the request for service and the documents described in subclause (4) to the chief executive of the Ministry of Justice for transmission through the appropriate channels to the other country for service.
(6)
Sufficient proof of service is provided by a certificate that—
(a)
describes the documents served; and
(b)
states the fact and date of service; and
(c)
is given by—
(i)
the competent authority of the other country; or
(ii)
a New Zealand consular officer; or
(iii)
a British consular officer; and
(d)
is sent by the chief executive of the Ministry of Justice to the Registrar.
(7)
If the Registrar files the certificate, it is equivalent to an affidavit of service of the documents described in the certificate.
(8)
This regulation does not render invalid or insufficient any mode of service in a country referred to in subclause (1) if the mode of service—
(a)
is otherwise valid or sufficient under these regulations; and
(b)
is not—
(i)
expressly excluded by the convention; or
(ii)
contrary to the law of the country.
Regulation 31B: inserted, on 10 December 2004, by regulation 9 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
31C Service on overseas party in other circumstances
(1)
This regulation applies when—
(2)
The following must be served on each overseas party:
(a)
the statement of claim; and
(d)
if any overseas party’s language is not English,—
(i)
a translation of the statement of claim into the party’s language for service with the statement of claim; and
(ii)
a statement that satisfies the Registrar verifying the translation as correct.
(3)
The Registrar must seal the following documents with the seal of the court before they are sent overseas:
(a)
the statement of claim; and
(c)
a copy of the statement of claim for the purpose of using it as an exhibit to the evidence verifying service; and
(d)
if any overseas party’s language is not English,—
(i)
a translation of the statement of claim into the party’s language for service with the statement of claim; and
(ii)
a copy of the translation for the purpose of using it as an exhibit to the evidence verifying service.
Regulation 31C: inserted, on 10 December 2004, by regulation 9 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
31D Overseas party may file objection to jurisdiction
(2)
The objection must be made in form 2D.
(3)
This regulation is subject to section 27(1) of the Trans-Tasman Proceedings Act 2010, which provides that a New Zealand court cannot stay a civil proceeding before it on forum grounds connected with Australia otherwise than in accordance with subpart 2 of Part 2 of that Act.
Regulation 31D: inserted, on 10 December 2004, by regulation 9 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
Regulation 31D(3): inserted, on 11 October 2013, by regulation 10 of the Employment Court (Trans-Tasman Proceedings Act 2010) Amendment Regulations 2013 (SR 2013/346).
31E Time within which overseas party to file objection to jurisdiction or statement of defence
(1)
This regulation applies to an overseas party filing an objection to the court’s jurisdiction or a statement of defence.
(2)
The overseas party must file within one of the following times:
(a)
for a party served within the Commonwealth of Australia, 30 clear days after the date of service on the party or, if the party is served under section 13 of the Trans-Tasman Proceedings Act 2010, the applicable period specified in section 17(1)(a) or (b) of that Act; or
(b)
for a party served elsewhere, 50 clear days after the date of service on the party; or
(c)
wherever the party is served, the time specified by the court in an order made under subclause (3).
(3)
The court may make an order extending the time for an overseas party to file an objection or a statement.
Regulation 31E: inserted, on 10 December 2004, by regulation 9 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
Regulation 31E(2)(a): amended, on 11 October 2013, by regulation 11 of the Employment Court (Trans-Tasman Proceedings Act 2010) Amendment Regulations 2013 (SR 2013/346).
31F Application of regulations 27 to 31 to service on overseas party
Regulation 31F: inserted, on 10 December 2004, by regulation 9 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
31G Court may decline jurisdiction
(1)
The court may decline to hear and determine proceedings in which there is an overseas party if it is satisfied that—
(a)
it is more appropriate for the matter to be resolved in a place outside New Zealand; and
(b)
the plaintiff will have a fair opportunity in the place to make the plaintiff’s case; and
(c)
the plaintiff will receive proper justice in the place; and
(d)
the defendant will suffer unfair disadvantage if the proceedings are heard in New Zealand.
(2)
This regulation does not limit any rule of law, but is subject to section 27(1) of the Trans-Tasman Proceedings Act 2010 (under which a New Zealand court is prevented from staying a proceeding before it on forum grounds connected with Australia otherwise than in accordance with subpart 2 of Part 2 of that Act).
Regulation 31G: inserted, on 10 December 2004, by regulation 9 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
Regulation 31G(2): amended, on 11 October 2013, by regulation 12 of the Employment Court (Trans-Tasman Proceedings Act 2010) Amendment Regulations 2013 (SR 2013/346).
Translations into Maori
32 Translations into Maori
Where, under these regulations, a document is served on any person who is a Maori within the meaning of Te Ture Whenua Maori Act 1993, the provisions of rules 1.16 to 1.19 of the District Courts Rules 2014 apply with all necessary modifications.
Compare: 1957 No 87 s 30
Regulation 32: amended, on 1 July 2014, by regulation 4 of the Employment Court Amendment Regulations 2014 (LI 2014/175).
Witnesses
33 Witness summons
(1)
A summons issued under clause 6 of Schedule 3 of the Act (being a summons to a person to appear and give evidence before the court) must be in form 5.
(2)
The summons must be in triplicate in respect of each person on whom it is to be served.
(3)
Each copy need contain only the name and address of the person on whom it is to be served.
(4)
The Registrar must—
(a)
sign the summons and the 2 copies; and
(b)
seal them with the seal of the court.
(5)
If the court is issuing the summons on its own volition, the Registrar of the court must retain both copies and arrange for service of the summons.
(6)
If the summons is being issued on the application of a party to the proceedings, the Registrar of the court must retain 1 copy and issue the summons and the other copy to the applicant for the summons for service.
Compare: SR 1991/226 r 38
34 Service of witness summons
(1)
A summons issued under clause 6 of Schedule 3 of the Act must be served—
(a)
by the applicant for the summons or the applicant’s authorised agent; or
(b)
if the court issues the summons on its own volition, by the Registrar of the court or the authorised agent of the Registrar of the court.
(2)
A summons issued under subclause (1) is served by leaving it with the person to be served, or, if that person does not accept it, by putting it down in that person’s presence and bringing it to that person’s notice.
(3)
In any proceeding (other than a proceeding to which urgency has been accorded under clause 21 of Schedule 3 of the Act or the court’s equity and good conscience jurisdiction), the court may set aside a summons if the court considers, on the application of the person served with the summons, that the summons—
(b)
causes, by reason of distance or short notice, undue hardship to that person.
35 Witnesses’ expenses
At the time of the service of a summons in form 5, or at some other reasonable time before the date on which the witness is required to attend, there must be paid or tendered to the witness the sum fixed under clause 7(3) of Schedule 3 of the Act.
Compare: SR 1991/226 r 40
Disbursements and witnesses’ expenses
36 Power of Registrar to fix disbursements and witnesses’ expenses
The Registrar of the court, upon being directed to do so by the court or a Judge, may fix the amount of any—
that are payable by any party to any proceedings to any other party to those proceedings.
Compare: SR 1991/226 r 41
Mutual disclosure and inspection of documents
37 Object
The object of regulations 40 to 52 is to ensure that, where appropriate, each party to proceedings in the court has access to the relevant documents of the other parties to those proceedings, it being recognised that, while such access is usually necessary for the fair and effective resolution of differences between parties to employment relationships, there are circumstances in which such access is unnecessary or undesirable or both.
Compare: SR 1991/226 r 45
38 Relevant documents
(1)
For the purposes of regulation 37 and regulations 40 to 52, a document is relevant, in the resolution of any proceedings, if it directly or indirectly—
(a)
supports, or may support, the case of the party who possesses it; or
(b)
supports, or may support, the case of a party opposed to the case of the party who possesses it; or
(c)
may prove or disprove any disputed fact in the proceedings; or
(d)
is referred to in any other relevant document and is itself relevant.
(2)
For the purposes of regulation 37, this regulation, and regulations 40 to 52, document means a document in any form; and includes—
(a)
any writing on any material:
(b)
any information recorded or stored by means of any tape recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:
(c)
any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
(d)
any book, map, plan, graph, or drawing:
(e)
any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced.
Compare: 1908 No 89 Schedule 2 r 3(1); SR 1991/226 r 46
39 Applicability
Compare: SR 1991/226 r 47
40 Availability of disclosure
(1)
In proceedings to which this regulation applies, any party may require any opposing party—
(a)
to disclose and make available for inspection any documents which are in the opposing party’s possession, custody, or control and which are relevant to any disputed matter in the proceedings; and
(b)
if any document which has been in the opposing party’s possession, custody, or control and which is relevant to any disputed matter in the proceedings is no longer in that party’s possession, custody, or control, to disclose both when it was parted with and what became of it.
(2)
The parties may agree to dispense with or limit the disclosure of documents to which subclause (1) applies.
Compare: SR 1991/226 r 48
41 Time for disclosure
The right conferred by regulation 40(1) may, in any proceeding, be exercised only after—
(a)
a document has been filed in the proceeding by every party; or
(b)
the time within which any party opposed to the application or action is required to file that party’s first document has expired,—
whichever is the sooner.
Compare: SR 1991/226 r 49
42 Notice requiring disclosure
(1)
If a party to any proceedings is entitled to exercise the right conferred by regulation 40(1), that party may serve on the opposing party a notice requiring disclosure.
(3)
Within 14 clear days after the service of the notice, the opposing party must—
(a)
assemble in a convenient place all the relevant documents in the opposing party’s possession, custody, or control and make a concise and ordered list or index of those documents; and
(b)
state in writing to the party who served the notice a time at which (which time must be within 7 clear days after the date on which the time is stated) and a place where the documents assembled, and the list or index made under paragraph (a), may be inspected and copied; and
(c)
if any document which has been in the opposing party’s possession, custody, or control and which is relevant to any disputed matter in the proceedings is no longer in that party’s possession, custody, or control, state in writing to the party who served the notice both when that document was parted with and what became of that document.
(4)
The substance of a notice in form 6 may be included in a statement of defence and service of the statement of defence constitutes, in any such case, service of a notice in form 6.
Compare: SR 1991/226 r 50
43 Duty to comply
Subject to regulation 44, every party who has been served with a notice in form 6—
(a)
must comply with the tenor of that notice; and
(b)
must, in addition, take every reasonable step to facilitate the mutual inspection of documents and any necessary copying.
Compare: SR 1991/226 r 51
44 Objections to disclosure
(1)
Any party who is served with a notice in form 6 may, within 5 clear days after the day on which that party is served with the notice, object to the disclosure of any document or class of documents by giving to the party requesting disclosure a notice of objection in form 7.
(2)
The notice of objection must specify the document or documents to which the objection relates and must state the grounds of objection.
(3)
The only grounds upon which objections may be based are that the document or class of documents—
(a)
is or are subject to legal professional privilege; or
(b)
if disclosed, would tend to incriminate the objector; or
(c)
if disclosed, would be injurious to the public interest.
Compare: SR 1991/226 r 52
45 Challenges to objections
(1)
Any party who is served with a notice of objection in form 7 and who wishes to challenge the objection may, within 5 clear days after the day on which that party is served with the notice, apply to the court in form 8 for an order—
(a)
declaring that the objection to disclosure is ill-founded; and
(b)
directing that the documents be disclosed.
(2)
In deciding whether or not to make an order under subclause (1), the court may inspect the document or documents in issue to ascertain the validity of the claim or objection.
Compare: SR 1991/226 r 53
46 Verification of disclosure
(1)
Any party who is dissatisfied with the documents disclosed in response to a notice in form 6 may, within 5 clear days after the disclosure, apply to the court for a verification order.
(2)
The application must be in form 9.
(3)
For the purposes of this regulation and regulations 47 and 48, verification order means an order requiring the opposing party to disclose, in a sworn or affirmed statement, whether any document or any class of documents specified or described in the notice in form 6 that has not been disclosed in the response to that notice—
(a)
is in the possession, custody, or control of the opposing party; and
(b)
if not, whether any such document or class of documents was ever in the possession, custody, or control of the opposing party; and
(c)
if so, when it was parted with and what became of it.
Compare: SR 1991/226 r 54
47 Power of court to make verification order
If the court, on receiving an application in form 9, is satisfied of the probable existence of the document or class of documents specified or described in the notice in form 6, it may make a verification order.
Compare: SR 1991/226 r 55
48 Verifying statements
Every party who has been served with a verification order made under regulation 47 may swear or affirm a verifying statement before any person empowered to administer oaths or affirmations under the Oaths and Declarations Act 1957.
Compare: SR 1991/226 r 56
49 Business book entries
(1)
If any party requires disclosure of any entries in a business book, the opposing party may, instead of disclosing the original book, provide a copy of any entries in that book.
(2)
Such copies must be verified by an affidavit of some person who has compared the copy with the original book.
Compare: SR 1991/226 r 57
50 Continuing obligation
If any party who has been served with a notice in form 6 obtains, during the proceedings and after responding to that notice, possession, custody, or control of a document relevant to the proceedings, that party’s possession, control, or custody of that document must immediately be disclosed by that party to both the other party to the proceedings and the court.
51 Conditions of disclosure
It is a condition of the disclosure of documents that the integrity and confidentiality of any documents disclosed pursuant to any provision of regulations 40 to 50 or to any notice or order given or made under such provision must be maintained at all times and for all purposes and, in particular, that—
(a)
the party obtaining disclosure must use such documents and their contents for the purposes of the proceeding only and for no other purposes:
(b)
if copies of any documents have been made available by any party,—
(i)
those copies must be returned to that party within 28 clear days after the conclusion of the proceedings or after the conclusion of any related appeal, whichever is the later; and
(ii)
copies of any of those copies must not be retained by the party to whom those copies were made available:
(c)
the information contained in any document so disclosed but not used in evidence in the proceeding—
(i)
must, to the extent that that information is derived from that document, remain confidential to the party whose document it is or in whose possession it was immediately before it was made available to any other party; and
(ii)
must not, to the extent that that information is derived from that document, be disclosed by any person except as may be necessary for the conduct of the proceeding.
Compare: SR 1991/226 r 58
52 Consequence of failure to comply
(1)
If any party who is required by any of these regulations, or by any notice given or order made under the authority of any such provision, to disclose any documents, or to produce any documents for the purpose of inspection, fails to comply with any provision of that regulation or with that order, as the case may be, then, without prejudice to the power of the court to make compliance orders, the court may make such order as it thinks just.
(2)
The orders that may be made under subclause (1) include, if default is made by an applicant, an order that the proceeding or action be adjourned pending compliance or, in the event of repeated defaults, dismissed.
(3)
The court may refuse to receive in evidence any documents tendered by a party who is in default under subclause (1).
Compare: SR 1991/226 r 59
Notice of hearing
53 Notice of hearing
(1)
Subject to subclause (3), where the court is to hear and determine any matter, the Registrar of the court must, unless the parties to the proceeding otherwise agree or the court otherwise orders, give at least 7 clear days notice to those parties of the sitting of the court.
(3)
If a Judge, acting under clause 21 of Schedule 3 of the Act or in the exercise of the equity and good conscience jurisdiction of the court, accords urgency to a proceeding, notice of the sitting of the court at which the court is to hear any matter must be given to the parties by the Registrar of the court in such manner and at such time as the Judge directs.
Compare: SR 1991/226 r 42
Conference
54 Power to convene conference
(1)
A Judge may, at any time before a hearing commences, convene a conference of the parties—
(a)
for the purpose of ensuring the most efficient disposition of the matter; or
(b)
for the purpose of considering the extent to which an attempt has been made to resolve the matter by mediation.
(2)
The Judge who convenes the conference under subclause (1) may take part in the conference, but must not preside at the hearing of the proceeding unless—
(a)
all parties taking part in the conference consent; or
(b)
the only matter for resolution at the hearing is a question of law.
(3)
A Judge may, at any time during the hearing, with the consent of the parties, convene a conference of the parties—
(a)
for the purpose of ensuring the most efficient disposition of the matter; or
(b)
for the purpose of considering the extent to which an attempt has been made to resolve the matter by mediation.
(4)
The Judge presiding at the hearing must arrange for another Judge to take part in the conference unless the parties agree that the hearing Judge should assist, in which case that Judge may do so and continue to preside at the hearing.
(5)
Every conference held under subclause (1) or subclause (3) must be held in Chambers.
Compare: 1908 No 89 Schedule 2 r 442
System for management of hearings
55 Application of system for management of hearings
(1)
Regulations 56 to 60 set out a system for the management of hearings of proceedings before the court.
(2)
The management system applies only to the following cases:
(a)
any substantive case, the hearing of which is estimated by the parties or the court to occupy not less than 3 days (at 5 hours per day); and
(b)
any other case to which the management system is applied by a Judge,—
(i)
of his or her own motion; or
(ii)
on the application of 1 or more of the parties.
(3)
The extent (if any) to which the requirements of the management system are to be observed in relation to the hearing of a particular case is to be such as is determined by a direction given by a Judge after obtaining the views of the parties.
56 Object of management system
The object of the management system is—
(a)
to improve the accuracy with which time is allocated for hearings:
(b)
to reduce the time that Judges are required to spend attending hearings:
(c)
to increase the number of matters resolved without the need for a hearing:
(d)
to reduce the number of interlocutory appearances required:
(e)
to reduce the cost to the parties:
(f)
to improve the speed with which matters are resolved.
57 Plaintiff’s management memorandum
(1)
If the management system applies in relation to the hearing of any proceedings, the plaintiff must, at least 28 clear days before the date appointed for the hearing, file a management memorandum with the Registrar of the court.
(2)
The management memorandum required by subclause (1) must be in form 11.
(3)
The plaintiff must, as soon as practicable after filing the management memorandum required by subclause (1), serve a copy of that memorandum on the defendant.
58 Defendant’s management memorandum
(1)
If the management system applies to the hearing of any proceedings, the defendant must, within 7 clear days after being served with the management memorandum required by regulation 57(1), file a management memorandum with the Registrar of the court.
(2)
The management memorandum required by subclause (1) must be in form 12.
(3)
The defendant must, as soon as practicable after filing the management memorandum required by subclause (1), serve a copy of that memorandum on the plaintiff.
59 Contents of each management memorandum
(1)
Each management memorandum filed by a party under regulation 57 or regulation 58 must—
(a)
make known, by means of a detailed plan set out in the memorandum, that party’s view of the time required to present that party’s case to the court; and
(b)
unless the parties agree otherwise, be accompanied by details of the evidence to be relied on by that party (which details should preferably be in the form of a brief, or draft briefs, of that evidence); and
(c)
subject to subclause (2), be accompanied by a loose leaf and indexed volume containing the documents intended to be used in evidence by that party.
(2)
It is not necessary to comply with subclause (1)(c) if the parties to the proceeding file, in accordance with an agreement between them, a single volume containing the documents to be used in evidence by each party.
Management meeting
60 Management meeting
(1)
In the period of 14 clear days before the first day appointed for the hearing, counsel or advocates must meet a Judge in Chambers so that the Judge may make, in relation to the hearing, with or without the consent of the counsel or advocates, management decisions of the kind described in subclause (3).
(2)
The place, date, and time at which the meeting will be held will be specified in the notice of hearing issued under regulation 53.
(3)
The management decisions in relation to a hearing that may be made at the meeting include decisions that—
(a)
reduce the number of exhibits by excluding any that are—
(b)
limit the evidence in chief to be given—
(i)
by specifying evidence that will not be admitted or is repetitious; or
(ii)
by imposing a limit on the number of witnesses who may be called to prove a particular fact in issue; or
(iii)
by removing material that is not in dispute or not directly relevant to the central issue:
(c)
set the limits in time or subject matter of cross-examination:
(d)
set the order of trial, the length of submissions, and any requirements of the court.
(4)
The requirements of the court under subclause (3)(d) may include a requirement that each party provide, at the end of the presentation of the case, a concise statement of the findings of fact sought from the court.
(5)
On the completion of the management meeting, the presiding Judge will issue to all parties who attended the meeting a memorandum recording the management decisions made at the meeting.
(6)
Unless the court otherwise agrees, the hearing must proceed in accordance with the memorandum issued under subclause (5).
Rehearing
61 Application for rehearing
(1)
Every application under clause 5 of Schedule 3 of the Act for a rehearing must be filed with the Registrar of the court.
(2)
The application—
(b)
must state fully, but concisely, the grounds on which the application is made; and
(c)
must be accompanied by the verifying affidavit required by clause 5(4) of Schedule 3 of the Act.
(3)
The prescribed fee must be paid at or before the time at which the application is filed.
(4)
Under clause 5(2) of Schedule 3 of the Act, a rehearing may not be granted on an application made more than 28 days after the decision or order, unless the court is satisfied that the application could not reasonably have been made sooner.
Compare: SR 1991/226 r 19(1), (2)
62 Service of application for rehearing
(1)
As soon as practicable after the documents are filed under regulation 61, a copy of each of those documents must be served on the respondent to the application for a rehearing.
(2)
Service under subclause (1) must, in accordance with clause 5(3)(a) of Schedule 3 of the Act, take place not less than 7 clear days before the day fixed for the hearing of the application.
Compare: SR 1991/226 r 19(3)
63 Opposition to application for rehearing
Except where the Registrar of the court or a Judge otherwise orders, every respondent to the application for rehearing who intends to oppose the application for rehearing must—
(a)
file with the Registrar of the court, within 30 clear days after the date of the service on the respondent of the application for rehearing, a written notice stating that the respondent opposes the application for rehearing; and
(b)
without delay, serve a copy of that written notice on the applicant.
Compare: SR 1991/226 r 19(4)
Stay of proceedings
64 Power to order stay of proceedings
(1)
If an election is made under section 179 of the Act, the Authority and the court each have power to order a stay of proceedings under the determination to which the election relates.
(2)
If an application for a rehearing is made under clause 5 of Schedule 3 of the Act, the court has power to order a stay of proceedings under the decision or order to which the application relates.
(3)
An order under subclause (1) or subclause (2)—
(a)
may relate to the whole or part of a determination or decision or order, or to a particular form of execution; and
(b)
may be made subject to such conditions, including conditions as to the giving of security, as the Authority or the court thinks fit to impose.
65 Application for stay of proceedings
(1)
Every application for an order under regulation 64(1) or regulation 64(2) must,—
(a)
if made to the Authority, be lodged with an officer of the Authority; and
(b)
if made to the court, be filed with the Registrar of the court.
(2)
The application—
(b)
must state the grounds on which the application is made; and
(c)
must be filed in duplicate.
66 Service of application for stay of proceedings
The applicant must, as soon as practicable after lodging or filing an application for an order under regulation 64(1) or regulation 64(2), serve a copy of that application on the other party to the proceedings.
Regulation 66: amended, on 10 December 2004, by regulation 10 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
67 Opposition to application
Except where the Authority or the Registrar of the court or a Judge otherwise orders, every respondent to an application for an order under regulation 64(1) or regulation 64(2) who intends to oppose the application must—
(a)
file with an officer of the Authority or the Registrar of the court, as the case may require, within 14 clear days after the date of the service on the respondent of the application, a written notice stating that the respondent opposes the application; and
(b)
without delay, serve a copy of that written notice on the applicant.
Costs
68 Discretion as to costs
(1)
In exercising the court’s discretion under the Act to make orders as to costs, the court may have regard to any conduct of the parties tending to increase or contain costs, including any offer made by either party to the other, a reasonable time before the hearing, to settle all or some of the matters at issue between the parties.
(2)
Under subclause (1), the court—
(a)
may have regard to an offer despite that offer being expressed to be without prejudice except as to costs; but
(b)
may not have regard to anything that was done in the course of the provision of mediation services.
69 Security for costs
(1)
This regulation applies in any case where a party to any proceedings that have been decided by the court (not being proceedings in respect of an offence) applies, in accordance with section 214 of the Act, for leave to appeal against the decision of the court.
(2)
In any such case, rule 11 of the Court of Appeal (Civil) Rules 1997 applies, with all necessary modifications, in relation to the application for leave to appeal as if it were an appeal.
Certificate of judgment
70 Power of Registrar to issue certificate of judgment
(1)
If the court, in any proceeding or action, gives a judgment or makes an order requiring the payment of a sum of money, the Registrar of the court may issue a certificate of judgment in relation to that judgment or order.
(2)
Every certificate of judgment issued must be in form 15 and must be sealed with the seal of the court.
(3)
The certificate of judgment may be filed in any District Court, and the judgment or order to which the certificate relates is then enforceable on the basis of that certificate in the same manner as a judgment given or order made by a District Court.
Compare: SR 1991/226 r 44
Offences
71 Prosecutions for offences
(1)
The provisions of Schedule 2 have effect in relation to prosecutions for offences.
(2)
Every charging document in respect of an offence must be in form 16.
(3)
Every charging document for an offence must be filed within 6 months after the date on which the offence was committed.
(4)
Every summons to a defendant that is issued in respect of an offence must be in form 17.
Regulation 71(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Regulation 71(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
72 Records in respect of offences
(1)
The Registrar of the court must keep Criminal Records of all proceedings of the court in respect of offences.
(2)
Subject to the necessary modifications, the Criminal Records kept under subclause (1) must be kept in the form prescribed for the purposes of section 184 of the Criminal Procedure Act 2011.
(3)
There must be entered in those records a minute or memorandum of all proceedings of the court in respect of offences.
(4)
Every such minute or memorandum must be signed by the Judge presiding over the court.
(5)
Any entry in the records kept under subclause (1) or a copy of any such entry or an extract from any such entry, sealed with the seal of the court and purporting to be signed and certified by the Registrar of the court as a true copy or correct extract, is at all times without further proof to be admitted in all courts and places whatsoever as evidence of the entry and proceeding referred to thereby and of the regularity of the proceeding.
(6)
Any such copy of any entry in the records kept under subclause (1) or any such extract from any such entry may be given to any person whom the Registrar of the court is satisfied has a genuine and proper interest in obtaining the copy or extract. In case of doubt or difficulty, the Registrar of the court may refer the matter to a Judge, whose decision is to be final.
Compare: 1957 No 87 s 71(1), (3), (4)
Regulation 72(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Miscellaneous provisions
73 Validation of informal proceedings, etc
Nothing in these regulations limits the powers of the court under section 219 of the Act.
74 Joinder, waiver, and extension of time
Nothing in these regulations limits the powers of the court under section 221 of the Act.
74A What happens to timing when court is closed
(1)
This regulation applies when—
(a)
the time for doing an act at an office of the court ends on a day on which the office is closed; and
(b)
the act cannot be done because the office is closed.
(2)
The act is treated as being in time if it is done on the next day on which the office is open.
Regulation 74A: inserted, on 10 December 2004, by regulation 11 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
74B What happens to timing in Christmas period
(1)
This regulation applies when the period of time within which an act must be done is calculated.
(2)
The 12 days starting with 25 December in one year and ending with the close of 5 January in the next year are not counted.
(3)
Subclause (2) is subject to—
(a)
an express provision in any Act; or
(b)
an express provision in these regulations; or
(c)
a direction of the court.
Regulation 74B: inserted, on 10 December 2004, by regulation 11 of the Employment Court Amendment Regulations 2004 (SR 2004/422).
Fees
75 Fees
(1)
The fees specified in Schedule 3 are payable to the Registrar of the court for the matters set out in that schedule.
(2)
Every such fee is payable by the person commencing the proceedings in respect of which the fee is payable.
(3)
The fees specified in Schedule 3 are inclusive of goods and services tax.
Revocations and saving
76 Revocations and saving
(1)
The Employment Court Regulations 1991 (SR 1991/226) and the Employment Court and Employment Tribunal (Fees) Regulations 1997 (SR 1997/122) are revoked.
(2)
Despite subclause (1), those regulations continue to apply, as if they had not been revoked, to any proceedings in respect of which the Employment Court has jurisdiction under any provision of section 247 or section 248 of the Act.