High Court Amendment Rules 2014

2014/127

Coat of Arms of New Zealand

High Court Amendment Rules 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 14th day of April 2014

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 consent of the Executive Council and with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee established under section 51B of the Judicature Act 1908 (of whom at least 1 was a Judge of the High Court), makes the following rules.

Rules

1 Title

  • These rules are the High Court Amendment Rules 2014.

2 Commencement
3 Principal rules

  • These rules amend the High Court Rules set out in Schedule 2 of the Judicature Act 1908 (the principal rules).

4 Rule 9.60 amended (Leave to serve New Zealand subpoena on witness in Australia)

  • In rule 9.60(5), replace “rule 3.11” with “rule 3.12(4)”.

5 Rule 12.5 amended (Service out of New Zealand)

  • In rule 12.5, after “25”, insert “working”.

6 Rule 15.9 amended (Formal proof for other claims)

  • In rule 15.9(2), after “formal proof”, insert “and no notice is required to be given to the defendant”.

7 Rule 19.2 amended (Applications under certain enactments)

  • In rule 19.2(p), replace “section 41 of the Patents Act 1953” with “section 112 of the Patents Act 2013”.

8 Rule 22.1 amended (Interpretation)

  • (1) In rule 22.1, definition of Act, replace “1953” with “2013”.

    (2) In rule 22.1, definition of journal, replace “New Zealand Patent Office Journal” with “Journal of the Intellectual Property Office of New Zealand”.

9 Rule 22.9 amended (Application of subpart to application under section 39)

  • (1) In the heading to rule 22.9, replace “section 39” with “section 89”.

    (2) In rule 22.9, replace “section 39” with “section 89”.

10 Rule 22.16 amended (Procedure when amendment allowed)

  • In rule 22.16(2), replace “Patents Regulations 1954 at the Patent Office” with “Patents Regulations 2014 at the Intellectual Property Office of New Zealand”.

11 Rule 22.17 amended (Application by originating application)

  • In rule 22.17(1), replace “section 41” with “section 112”.

12 Rule 22.19 replaced (Particulars if validity of patent disputed)

  • Replace rule 22.19 with:

    “22.19 Particulars if validity of patent disputed

    • Particulars of an objection to the validity of a patent must—

      • “(a) be delivered with—

        • “(i) an application for revocation under section 112 of the Act; or

        • “(ii) a defence in a proceeding for infringement of a patent; or

        • “(iii) a counterclaim for revocation under section 147 of the Act; and

      • “(b) include the grounds on which the validity of the patent is disputed; and

      • “(c) include particulars clearly stating issues intended to be raised.”

13 Rule 22.23 revoked (Particulars supplied by defendant)
14 Rule 26.27 amended (Opposition to entry as judgment)

  • After rule 26.27(4), insert:

    • “(5) To avoid doubt, an application under this rule is concerned with the recognition or enforcement of an award and not with any question of law arising out of the award that may be determined by the court or the Court of Appeal under clause 5 of Schedule 2 of the Act.”

15 Schedule 1, form G 6 amended

  • In Schedule 1, form G 6, insert after paragraph 8:

    “Note: This form should not be used if the defendant is to be served in Australia under section 13 of the Trans-Tasman Proceedings Act 2010. Use instead the information that section 15 of that Act requires to be served on the defendant (see form 1 of the Schedule of the Trans-Tasman Proceedings Regulations and Rules 2013).”

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which (except for rules 7 to 13) come into force on 3 June 2014, correct errors in rules 9.60 and 12.5 and clarify that form G 6 is not to be used in proceedings under section 13 of the Trans-Tasman Proceedings Act 2010. These rules also align the drafting of rules 15.9 and 26.27 with the language to be used in the new District Courts Rules 2014, in order to ensure better consistency between the 2 sets of rules and to resolve 2 legal questions that are not currently addressed expressly in the High Court Rules. Rules 7 to 13, which come into force on 13 September 2014, will amend the High Court Rules consequentially on the commencement of the remaining uncommenced provisions of the Patents Act 2013.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 17 April 2014.

These rules are administered by the Ministry of Justice.