High Court Amendment Rules (No 2) 2011

2011/351

High Court Amendment Rules (No 2) 2011

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 3rd day of October 2011

Present:
His Excellency the Governor-General in Council

Pursuant to section 51C of the Judicature Act 1908, His Excellency the Governor-General, acting on the advice and with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules.

Contents

1  Title

2  Commencement

3  Principal rules amended

Part 1
Discovery and inspection and interrogatories

4  New Part 8 substituted

Part 8
Discovery and inspection and interrogatories

Subpart 1—Discovery and inspection

8.1 Interpretation

8.2 Co-operation

8.3 Preservation of documents

8.4 Initial disclosure

8.5 Discovery orders to be made at case management conferences

8.6 Two kinds of discovery

8.7 Standard discovery

8.8 Tailored discovery

8.9 Presumption as to tailored discovery

8.10 Obligation of party ordered to make tailored discovery

8.11 Preparation for first case management conference

8.12 Orders that may be made

8.13 Solicitor's discovery obligations

8.14 Extent of search

8.15 Affidavit of documents

8.16 Schedule appended to affidavit of documents

8.17 Variation of discovery order

8.18 Continuing obligations

8.19 Order for particular discovery against party after proceeding commenced

8.20 Order for particular discovery before proceeding commenced

8.21 Order for particular discovery against non-party after proceeding commenced

8.22 Costs of discovery

8.23 Incorrect affidavit of documents to be amended

8.24 Who may swear affidavit of documents

8.25 Challenge to privilege or confidentiality claim

8.26 Crown documents and public interest

8.27 Inspection of documents

8.28 Privilege and confidentiality

8.29 Order facilitating inspection

8.30 Use of documents

8.31 Effect of failure to include document

8.32 Notice to produce documents or things

8.33 Contempt of court

Subpart 2—Interrogatories

8.34 Interrogatories by notice

8.35 Duties of party served

8.36 Limitation of interrogatories by notice

8.37 Multiple parties

8.38 Order to answer

8.39 Contents of statement

8.40 Objection to answer

8.41 Who may swear affidavit verifying statement in answer to interrogatories

8.42 Insufficient answer

8.43 Incorrect answer to be amended

8.44 Answers as evidence

8.45 Public interest

8.46 Defamation proceedings

Subpart 3—Notice to admit facts

8.47 Notice to admit facts

8.48 Judgment on admission of facts

Part 2
Bundle of documents

5 New rule 9.13 substituted

9.13 Preparation of common bundle

Part 3
Application by prejudiced shareholders

6 Applications for directions as to service

7 New rules 18.14A and 18.14B inserted

18.14A Interlocutory applications under section 174 of the Companies Act 1993

18.14B Service of order made under section 174 of Companies Act 1993

8 Application

9 Applications to be made by statement of claim

10 Advertisement of application

11 Appearance

12 Rule 31.33 revoked

13 Procedure in respect of miscellaneous applications

14 New Schedule 9 added

15 New form G 37 substituted

Schedule 1
New Schedule 9 added

Schedule 2
New form G 37 substituted

Explanatory note

Administrative information

Rules