1.1 Title
1.2 Commencement
Part 1
Preliminary provisions
1.3 Objective
1.4 Courts to give effect to objective
1.5 Application of rules
1.6 Application of High Court Rules
1.7 Mediation or other alternative dispute resolution
1.8 Interpretation
1.9 Further provisions about interpretation
1.10 Non-compliance with rules
1.11 Directions in case of doubt
1.12 Questions concerning application of these rules
1.13 Cases not provided for
1.14 Amendment of defects and errors
1.15 Correction of accidental slip or omission
Time
1.16 Calculating periods of time
1.17 When time expires on day when court office is closed
1.18 Extending and shortening time
Offices, holidays, and office hours
1.19 Court holidays
1.20 Sittings on court holidays
1.21 Closing or opening by special order
1.22 Office hours
Postal provision
1.23 Filing by post
Forms and documents
1.24 General requirements
1.25 Form of documents
1.26 Paper
1.27 Margin
1.28 Signature to be original
1.29 Cover sheet, numbering, and fastening of document
1.30 Description of document
1.31 Format of cover sheet
1.32 Information at foot of cover sheet
1.33 Heading on statement of claim and counterclaim
1.34 Heading of judgment and certain orders
1.35 Heading of other documents
1.36 Numbers
1.37 Documents that must be sealed
1.38 Rules about authority to file and sign documents
Part 2
General procedure for civil claims where no other procedure provided
Subpart 1—Preliminary provisions
2.1 Application of this Part
Subpart 2—How to start court proceeding
Overview
2.2 Overview of notice of claim procedure
General provisions about notice of claim procedure and alternative procedure
2.3 How to start claim, and procedure that applies
2.4 Rules about service of documents
2.5 Who must sign document under this Part
2.6 Undisputed facts treated as being admitted
Alternative procedure
2.7 Court’s discretion to grant leave to file statement of claim or originating application
2.8 Procedure following granting of leave under rule 2.7
Admiralty, arbitral awards, and defamation
2.9 How to start proceedings relating to admiralty, arbitral awards, or defamation
Notice of claim procedure
2.10 Plaintiff to file and serve notice of claim
2.11 Contents of notice of claim
Defendant to respond
2.12 Defendant to serve response on plaintiff within 20 working days, and opportunity to apply for rule 2.7 order
2.13 Contents of response
Plaintiff to serve information capsule
2.14 Plaintiff to serve information capsule on defendant within 20 working days
Defendant to serve information capsule
2.15 Defendant to serve information capsule on plaintiff within 20 working days
Completion of filing and subsequent procedure
2.16 Overview diagram
2.17 Plaintiff may pursue claim after exchange of information capsules or discontinue
Third and subsequent party notices
2.18 Grounds for joining other parties
2.19 Requirements of third party notice
2.20 Filing and service of third party notice
2.21 Restrictions on entering judgment and allocation of hearing date
2.22 Third party responses to be served within 20 working days
2.23 Service of application for leave
2.24 Setting aside notice
2.25 Default in filing response
2.26 Application of rules to fourth, etc, party notices
Counterclaims
2.27 Counterclaim against plaintiff only
2.28 Counterclaim against plaintiff and another person
2.29 Further provisions about counterclaims, including High Court Rules applied
Claims between defendants
2.30 Right to give notice
2.31 Notice of claim to be filed and served
2.32 Response
2.33 Effect of omission to give notice
2.34 Application of rules relating to third and subsequent party notices
Reply
2.35 Right to file and serve reply
2.36 Contents of reply
2.37 Affirmative defence or positive allegation treated as being admitted unless denied
Service of documents
2.38 High Court Rules and other rules that apply
Amendment of pleadings
2.38A Filing of amended notice of claim or counterclaim before response served
2.38B Filing of amended pleading in other cases
Subpart 3—How proceedings dealt with
Judgment by default or on formal proof
2.39 Application for judgment in case of default, discontinuance, admission of facts, or lack of defence
2.39A Applications using forms 6A and 6CCA
Start of trial allocation procedure
2.40 Court or Registrar to decide whether to allocate short trial
2.41 Criteria for deciding appropriate mode of trial
Availability of summary judgment
2.42 Summary judgment procedure generally
2.43 Procedural requirements relating to summary judgment applications
2.43A Particular rules about summary judgment
Short trial
2.44 Purpose of short trial
2.45 Features of short trial
2.46 Review of decision to allocate short trial
Conferences for simplified trial and full trial, and interlocutory matters
2.47 Judicial settlement conference
2.48 Judicial directions conference
2.49 Interlocutory applications
2.50 Striking out pleadings, staying or dismissing proceedings, and costs for want of prosecution
Simplified trial disclosure
2.51 Pre-trial disclosure and interlocutory applications for simplified trial
2.52 Witnesses at simplified trial
Simplified trial
2.53 Features of simplified trial
Full trial
2.54 Full trial follows High Court procedure
Part 3
Rules about particular aspects of proceedings
Subpart 1—General rules about determining proper court, transferred proceedings, translations, and other matters
Proper court
3.1 How to determine proper court
Transfer from District Court to High Court
3.2 Transfer under section 43 of Act
3.3 Papers to be forwarded to High Court
Proceedings transferred from High Court
3.4 Transfer under section 46 of Act
Use of Māori language, translations, and sign language
3.5 Speaking in Māori
3.6 Translation of documents into te reo Māori
3.7 Failure to give notice
3.8 Translation may be ordered by court
3.9 Affidavit in language other than English
3.10 Sign language
Access to court documents
3.11 Interpretation
3.12 Application
3.13 General right of access to formal court record
3.14 Right of parties to access court file or documents
3.15 Access to documents during substantive hearing stage
3.16 Meaning of relevant deadline in rule 3.15
3.17 Access to court files, documents, and formal court record in other cases
3.18 Restrictions on access
3.19 Applications for permission to access documents, court file, or formal court record other than at hearing stage
3.20 Decisions on applications under rule 3.19
3.21 Review of decisions by Registrar
3.22 Matters to be taken into account
Hearings in chambers
3.23 Publication about hearing in chambers
Evidence by deposition
3.24 Order for examination of witness
3.25 Examination of witnesses
3.26 Objection to question
3.27 Refusal to attend and be sworn
3.28 Costs
3.29 Failure to appear
3.30 Deposition as evidence
Subpart 2—Rules about lawyers' duties, funds in court, parties, incapacitated persons, interpleader, service, etc
Lawyers' duties
3.31 Lawyers' duties
Funds in court
3.32 Investment of funds in court
Parties
3.33 Parties generally
3.34 Incapacitated persons and litigation guardians
3.35 Change of parties and adjusting parties
Interpleader
3.36 Interpleader before judgment
Filing and signing documents
3.37 Authority to file and sign documents
Appearances
3.38 Appearance
Set-off and counterclaim against Crown
3.39 Restriction on right of set-off or counterclaim
Service of documents
3.40 Prompt service required
3.41 Extension of time for service
3.42 Methods of service
3.43 Substituted service
3.44 Service generally
Recovery of specific property subject to security
3.45 Recovery of specific property
Subpart 3—Rules about interlocutory applications, interrogatories, discovery, inspection, receivers, accounts and inquiries, affidavits, etc
Application
3.46 Application of this subpart
Memorandums of consent
3.47 Consent instead of leave of court
Registrars' jurisdiction and powers under this subpart
3.48 Powers of Registrars
Conferences and directions
3.49 Case management conferences
3.50 Directions as to conduct of proceeding [Revoked]
Hearing, setting down, and counsel assisting
3.51 Allocation of hearing dates and close of pleadings dates, and counsel assisting
Interlocutory applications and orders
3.52 Interlocutory applications and interlocutory orders
Interim relief, preservation of property, receivers, interim payments
3.53 Interim relief
3.54 Interim preservation, etc, of property
3.55 Receivers
3.56 Interim payments
Arbitration
3.57 Arbitration by consent
Discovery and inspection
3.58 Discovery orders
3.59 Orders for particular discovery
Discovery
[Revoked]
3.60 Discovery: affidavits of documents, privilege, public interest
3.61 Discovery: inspection, copying, contempt
Evidence
3.62 Evidentiary provisions related to discovery and inspection
Interrogatories
3.63 Interrogatories
Admission of facts
3.64 Admission of facts
Evidence
3.65 Briefs, oral evidence directions, and chronologies
3.66 Inspection and testing of property
3.67 Court-appointed experts
3.68 Expert evidence generally
3.69 Preserving evidence
Affidavits
3.70 Form and content of affidavits
3.71 Swearing or making of affidavits
Consolidations
3.72 Consolidation of proceedings
Separate decision of questions
3.73 Separate decisions
3.74 Removal into High Court
Accounts and inquiries
3.75 Accounts and inquiries
3.76 General provisions affecting accounts and inquiries
Section 62 or 62A reports
3.77 Report under section 62 or 62A of Act
Abandonment of excess
3.78 Abandonment of excess if more than $200,000 found due on taking of accounts
Part 4
Costs
4.1 Costs at discretion of court
4.2 Principles applying to determination of costs
4.3 Categorisation of proceedings
4.4 Appropriate daily recovery rates
4.5 Determination of reasonable time
4.6 Increased costs and indemnity costs
4.7 Refusal of, or reduction in, costs
4.8 Costs in interlocutory applications
4.9 Costs may be determined by different Judge
4.10 Written offers without prejudice except as to costs
4.11 Effect on costs
4.12 Disbursements
4.13 Joint and several liability for costs
4.14 Defendants defending separately
4.15 Claim and counterclaim both established
4.16 Set-off if costs allowed to both parties
4.17 Solicitor acting in person
4.18 Proceeding transferred from High Court
4.19 Enforcement of order for costs
Security for costs
4.20 Power to make order for security for costs
4.21 How security to be given
4.22 Solicitor not to be surety
4.23 Surety becoming bankrupt or insolvent
Part 5
Procedure in special cases
5.1 Application of this Part generally
5.2 Application of this Part to proceedings under Industrial and Provident Societies Act 1908
5.3 High Court Rules applied to proceedings under this Part
Part 6
Originating applications
6.1 Application of this Part
6.2 Starting proceedings
6.3 High Court Rules applied to proceedings under this Part
6.4 Directions as to service
Part 7
Proceedings under Harassment Act 1997
7.1 Application of Part
7.2 Interpretation
7.3 Construction
7.4 Procedure and practice
7.5 Application of rules in other Parts
7.6 Cases not provided for
Forms
7.7 Forms
7.8 Headings
Main applications
7.9 How to start proceedings
7.10 Form of main application
7.11 Documents accompanying main applications
7.12 Supporting affidavits
7.13 Number of copies to be filed
7.14 Request that residential address be kept confidential
7.15 Request that address of applicant’s solicitor be kept confidential
7.16 Proper court for filing main application
7.17 Proceedings started in wrong court
7.18 Procedure on filing main applications
Notice of defence
7.19 Requirement to file and serve notice of defence or address for service
7.20 Consequences of failure to file and serve notice of defence
Representatives
7.21 Appointment of representative of certain minors
7.22 Applications against minors
7.23 Appointment of representative of person unable or unwilling to take proceeding
7.24 Effect of minor turning 17, marrying, or entering into civil union
7.25 Effect of ceasing to be unable or unwilling to take proceedings
Service
7.26 Personal service of applications
7.27 Main applications served by Registrar
7.28 Parties may not effect service
7.29 Substituted service
Conferences
7.30 Power of Judge to call conference
7.31 Orders and directions
Amendments
7.32 Amendment before service
Transfer of proceeding or hearing
7.33 Transfer of proceeding
7.34 Transfer of hearing
7.35 Transfer with or without application
7.36 Procedure on transfer of proceeding
7.37 Procedure on transfer of hearing
Form of restraining order
7.38 Form of restraining order
Availability of records for criminal proceedings
7.39 Transfer of information to criminal court
Interlocutory applications
7.40 Interlocutory applications
7.41 Applications for extending time used as delaying tactic
Part 8
Proceedings under subpart 6 of Part 8 of Local Government Act 2002
8.1 Application of this Part
8.2 Interpretation
8.3 Application of rules in other Parts
Removal orders
8.4 Starting proceeding
8.5 Application for removal order
8.6 Procedure on applications for removal order
8.7 Removal orders
8.8 Service of removal order on respondent
8.9 Service of removal order on other parties
8.10 Mode of service of removal order
Notices of objection
8.11 Notice of objection
8.12 Manner in which notice of objection to be dealt with
Interlocutory applications
8.13 Interlocutory applications
8.14 Applications for extending time used as delaying tactic
Entry of land to enforce removal orders
8.15 Notice where land entered to enforce removal order
Part 9
Proceedings under Construction Contracts Act 2002
General
9.1 Application of this Part
9.2 Interpretation
9.3 Application of other rules and practice of court
Review of adjudicator’s determination in respect of owner who is not respondent
9.4 Form of application for review
9.5 Where to file application for review
9.6 Procedure after filing of application for review
9.7 Notice of opposition to application for review
9.8 Adjudicator to forward documents relating to adjudication proceedings on request
Enforcement of adjudicator’s determination
9.9 Application for adjudicator’s determination to be enforced
9.10 Service
9.11 Opposition to application for adjudicator’s determination to be enforced
Part 9A
Search warrants issued under Financial Markets Authority Act 2011
[Revoked]
9A.1 Form of search warrant [Revoked]
Part 10
Proceedings in admiralty
10.1 Application of this Part
10.2 Interpretation
10.3 Application of other rules and practice of court
10.4 Preliminary acts to be filed in collision cases
10.5 Meaning of preliminary act
10.6 Notice of filing of preliminary act to be served on other parties
10.7 Registrar to seal and file preliminary acts
10.8 Failure to lodge preliminary act
10.9 Actions for limitation of liability
10.10 Inspection of ship or other property
Part 11
Entry of award as judgment under article 35 of Schedule 1 of Arbitration Act 1996
11.1 Interpretation
11.2 Entry of judgment where all parties agree
11.3 Entry of judgment in other cases
11.4 Application for entry of award as judgment
11.5 Affidavit to be filed in support
11.6 Service
11.7 Entry as judgment without notice in exceptional circumstances
11.8 Entry as judgment if defendant takes no steps
11.9 Opposition to entry as judgment
Part 12
Disposal of proceedings
Evidence at trial
12.1 How evidence to be given
12.2 Witness summons
12.3 Affidavit evidence by agreement
Evidence in trans-Tasman proceedings
12.4 Evidence in trans-Tasman proceedings
Procedure for giving evidence by affidavit
12.5 Procedure
Venue, adjournments, and appearances
12.6 Hearing
12.7 Adjournment
General rules about judgments
12.8 Judgment
12.9 Time for doing any act must be stated
12.10 Deed directed to be prepared
12.11 Certificate of judgment or order
12.12 Amount payable exceeds jurisdiction
12.13 Further proceedings after issue of certificate
12.14 Death, etc, of Judge before judgment
Retrial
12.15 Power to order retrial
12.16 Application for retrial
Summary judgment procedure
[Revoked]
12.17 Summary judgment [Revoked]
Dismissal
12.18 Dismissal for want of prosecution
Judgment on admission
12.19 Judgment on admission
Discontinuance
12.20 Discontinuance
12.21 Restrictions on right to discontinue proceeding
Judgment by default
12.22 Application of rules 12.23 to 12.35 and effect of filing appearance
12.23 Interpretation
12.24 Liquidated demand
12.25 Land
12.26 Chattels
12.27 Hire purchase or conditional purchase agreement
12.28 Unliquidated demand
12.29 Evidence relating to damages
12.30 Other proceedings
12.31 Several causes of action
12.32 Several defendants
12.33 Affidavits to be filed
12.34 Judgment may be set aside or varied
12.35 Default judgment against the Crown
12.36 Overseas service cases
Part 13
Appeals to High Court
13.1 Agreement not to appeal
13.2 Leave to appeal
Part 14
Appeals to District Courts
14.1 Application of this Part
14.2 Interpretation
14.3 How to bring appeal
14.4 Judge may call conference and give directions
14.5 Time for appeal
14.6 Extension of time for appeal
14.7 Contents of notice of appeal
14.8 Place for filing notice of appeal
14.9 Service of copies of notice of appeal on other parties
14.10 Power to dispense with service
14.11 Appeal not to operate as stay
14.12 Cross-appeal
14.13 Documents to be lodged with Registrar
14.14 Order for transcript of evidence
14.15 Report by decision-maker
14.16 Rights of parties
Hearing of appeal
14.17 Appeal must be by rehearing
14.18 Powers of court in relation to evidence heard on appeal
14.19 Court has powers of decision-maker
14.20 Counsel assisting court
14.21 Appeals from decision arising from contested application
14.22 Appeals from decision arising from uncontested application
14.23 Powers of court hearing appeal
14.24 Dismissal of appeal
14.25 Registrar to notify decision of court
Part 15
Enforcement
Enforcement generally
15.1 Payment in reduction of amount
15.2 Sale of personal property
15.3 Examination of any party
15.4 Application by judgment creditor of partner
15.5 Application by partner of judgment debtor
15.6 Change of parties after judgment
15.7 Change of name, etc, of party after judgment
15.8 Application to Registrar for suspension of judgment, etc
15.9 Stay of judgment, etc
15.10 Discharge of person under section 98 of Act
15.11 Receipt to be attached to warrant
15.12 Bailiff to enforce warrants, etc
15.13 New order for payment of unsatisfied judgment
15.14 Application for civil enforcement process
Assessment of judgment debtors
15.15 Hearing in different court or place
15.16 Non-appearance of judgment creditor or witness at assessment hearing
15.17 Record of assessment hearing
15.18 Warrant of arrest
15.19 Review of Registrar’s decision
Contempt of enforcement proceedings
15.20 Contempt of enforcement proceedings
15.21 Hearing of contempt of enforcement proceedings if judgment debtor outside court district
Fees, costs, and expenses
15.22 Certain fees, costs, and expenses incurred by judgment creditor may be recovered
Charging orders
15.23 Interpretation
15.24 Application for charging order
15.25 Filing of application for charging order
15.26 Value of property exceeding $200,000
15.27 Charging order where amount involved small
15.28 Form of charging order
15.29 Application for relief by persons prejudicially affected
15.30 Claim of third person on property charged
15.31 Apportionment when more than 1 charging order
15.32 Charging order final in first instance
15.33 Registration of charging order under Land Transfer Act 1952
15.34 Registration of charging order under Deeds Registration Act 1908
15.35 Lodging of charging order under Mining Act 1971
15.36 Sale before registration of charging order
15.37 Discharge of land or mining privilege from charging order
15.38 Charging order expires after 2 years
15.39 Property other than land that may be charged
15.40 Interim charging order
15.41 Effect of interim charging order
15.42 Liability for breach of interim charging order
15.43 Money may be paid into court
15.44 Application to make interim charging order final
Miscellaneous provisions relating to charging orders
15.45 Costs of charging orders
15.46 Removal of final charging order to High Court
Warrants to seize property
15.47 Application for warrant to seize property
15.48 Order of priority
15.49 Issue, duration, and renewal
15.50 Enforcement against firm
15.51 Concurrent warrants to seize property
15.52 Costs of warrants to seize property
15.53 Holding over enforcement and withdrawing from possession
15.54 Reissue of warrant to seize property
15.55 Possession fees
15.56 Bailiff to make inventory
15.57 Accounts of sale
15.58 Bailiff to furnish statements to Registrar
15.59 Court may order enforcement on returned warrant to seize property
15.60 Application for private sale
Delivery of chattels
15.61 Warrant for recovery of chattels
15.62 Warrant of committal
15.63 Warrant to seize property for value of chattels and for damages, etc
15.64 Where possession ordered to be taken until security given
Recovery of land
15.65 Warrant to recover land
Warrant of committal
15.66 Judgment or order enforceable by committal
15.67 Application for warrant of committal
15.68 Discharge of person in custody
15.69 Release on bail pending hearing of application for discharge from custody
Garnishee proceedings
15.70 Interpretation
15.71 Garnishee proceeding
15.72 Where debt exceeds $200,000
15.73 Starting proceeding
15.74 Service and effect of service
15.75 Statement to be filed by sub-debtor in respect of deposit or other accounts
15.76 Payment into court by sub-debtor
15.77 Payment out of court of money paid by sub-debtor
15.78 Garnishee order where sub-debtor does not pay into court or appear
15.79 Order in other cases
15.80 Where debt stated to belong to third party
15.81 Garnishee orders in respect of deposit and other accounts
15.82 Discharge of sub-debtor as against judgment debtor
15.83 Court may refuse order
15.84 Where money due by sub-debtor under judgment or order
15.85 Money in court
15.86 Debts owing by firm
15.87 Costs
15.88 Garnishee proceeding against the Crown
Third party claim process relating to enforcement
15.89 Notice of claim
15.90 Notice to enforcement creditor
15.91 Appraisement
15.92 Admission of claim
15.93 Order protecting bailiff
15.94 Starting proceeding
15.95 Service
15.96 Security for costs where claimant does not reside in New Zealand
15.97 Particulars and grounds of claim to be lodged
15.98 Withdrawal or admission
15.99 Claim for damages by claimant
15.100 Claim for damages by enforcement creditor
15.101 Payment into court where damages claimed
Writs of arrest
15.102 Application for writ
15.103 Form of writ and procedure
Proceedings by and against executors and administrators
15.104 Costs where executor sues and fails
15.105 Judgment and enforcement against executor or administrator
15.106 Assets after judgment
Miscellaneous provisions relating to transmission and authentication of documents, etc
15.107 How documents may be sent
15.108 Authentication of documents
Part 16
Penal and disciplinary provisions
16.1 Proceedings on complaint of assault or rescue
16.2 Misconduct or neglect of officers
16.3 Witnesses and costs
16.4 Non-attendance, etc, of witness
16.5 Notice before imposing or enforcing fine
16.6 Contempt of court
16.7 Enforcement of fine
Part 17
Revocation and transitional provisions
17.1 Revocation
17.2 Transitional provisions
Schedule 1
Forms
Schedule 2
Appropriate daily recovery rates
Schedule 3
Time allocations
Gazette information
District Courts Amendment Rules 2010
Reprint notes