District Courts Rules 2014

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2014/179

District Courts Rules 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 26th day of May 2014

Present:
His Excellency the Governor-General in Council

Pursuant to section 122 of the District Courts Act 1947, section 11 of the Admiralty Act 1973, section 16 of the Arbitration Act 1996, section 42 of the Harassment Act 1997, section 81 of the Construction Contracts Act 2002, and section 213 of the Local Government Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and (in relation to the jurisdiction conferred by the District Courts Act 1947, the Admiralty Act 1973, or the Construction Contracts Act 2002), with the concurrence of the Chief District Court Judge and at least 2 members of the Rules Committee established under section 51B of the Judicature Act 1908 (of whom at least 1 was a District Court Judge), makes the following rules.

Contents

1.2 Commencement

Part 1
Rules of general application

Subpart 1 —Objective and interpretation

1.4 Interpretation

Subpart 2 —Application and compliance

1.5 Application of rules

1.6 Transitional and savings provisions

1.7 Application issues

1.8 Non-compliance with rules

1.9 Directions as to conduct of proceedings

1.11 Cases not provided for

1.12 Amendment of defects and errors

1.13 Oral applications for relief

1.14 Consent instead of leave of court

Subpart 3 —Use of Māori language, translations, and sign language

1.15 Speaking in Māori

1.16 Translation of documents into te reo Māori

1.17 Failure to give notice

1.18 Translation may be ordered by court

1.19 Affidavit in language other than English

1.20 Sign language

Subpart 4 —Time

1.21 Calculating periods of time

1.22 When time expires when court registry is closed

1.23 Extending and shortening time

Subpart 5 —Lawyers’ obligations

1.24 Lawyers’ duties

Subpart 6 —Forms

1.25 Variation of forms

Subpart 7 —International co-operation

1.26 Communication with foreign court

Part 2
Court administration

Subpart 1 —Registry hours and court holidays

2.1 Court holidays

2.2 Sittings on court holidays

2.3 Closing or opening by special order

2.4 Registry hours

2.5 Epidemics and emergencies

Postal provision

2.6 Filing by post

Subpart 2 —Registrars

2.7 Registrars’ jurisdiction and powers relating to interlocutory applications

2.8 Limits on jurisdiction

2.9 Powers ancillary to jurisdiction

2.10 Jurisdiction in other registries

2.11 Form of order

2.12 Review of Registrar’s decision

Subpart 3 —Investment of funds in court

2.13 Application for order

2.14 Powers of court in relation to application

2.15 Disposal of securities and income

Part 3
Access to court documents

3.1 Interpretation

3.2 Application

3.3 General right of access to formal court record

3.4 Right of parties to access court file or documents

3.5 Access to documents during substantive hearing stage

3.6 Meaning of relevant deadline in rule 3.5

3.7 Access to court files, documents, and formal court record in other cases

3.8 Restrictions on access

3.9 Applications for permission to access documents, court file, or formal court record other than at hearing stage

3.10 Decisions on applications under rule 3.9

3.11 Review of decisions by Registrar

3.12 Matters to be taken into account

Subpart 1 —Limit on parties

4.1 Limit on parties

Subpart 2 —Plaintiffs

Subpart 3 —Defendants

Subpart 4 —Third, fourth, and subsequent parties

4.4 Third parties

4.5 Fourth parties

4.6 Subsequent parties

4.7 Status of third, fourth, and subsequent parties

4.8 Court’s power and discretion

4.9 Application of third party notice rules to fourth and subsequent party notices

4.10 Requirements of third party notice

4.11 Filing of third party notice

4.12 Service on third party

4.13 Service on plaintiff

4.14 Filing and service of statement of defence

4.15 Service of application for leave

4.16 Setting aside third party notice

4.17 Default in filing statement of defence

Subpart 5 —Claims between defendants

4.18 Right to give notice

4.19 Statement of claim to be filed and served

4.20 Statement of defence

4.21 Form of notice

4.22 Effect of omission to give notice

Subpart 6 —Impact of certain capacities

4.23 Trustees, executors, and administrators

4.24 Persons having same interest

4.26 Person trading as firm

4.27 Representation by other persons

Subpart 7 —Incapacitated persons

4.29 Incapacitated person, litigation guardian, and minor defined

4.30 Incapacitated person must be represented by litigation guardian

4.31 Minor must be represented by litigation guardian

4.32 Minor may apply to conduct proceeding without litigation guardian

4.33 Application of rules 4.34 to 4.46 to minors

4.34 Court may set aside step in proceeding

4.35 Appointment of litigation guardian

4.36 Application to be served on person for whom litigation guardian is to be appointed

4.37 Notification of appointment

4.38 Powers of litigation guardian

4.39 Heading on documents when incapacitated person is represented

4.40 Service of documents

4.41 Representation to be disregarded in making award of costs

4.42 Award of costs enforceable against incapacitated person or litigation guardian

4.43 Liability of former litigation guardian for costs subsequently awarded against incapacitated person

4.44 Compliance with liability order

4.45 Litigation guardian may be reimbursed for costs out of property of incapacitated person

4.46 Retirement, removal, or death of litigation guardian

4.47 Procedure when person ceases to be incapacitated person

4.48 Procedure when minor attains full age

Subpart 8 —Change of parties by death, bankruptcy, or devolution

4.49 Proceeding not to come to end

4.50 Procedure on death, bankruptcy, and devolution

4.51 Devolution when proceeding pending

4.52 New parties order

4.53 Discharge or variation of new parties order

Subpart 9 —Adjusting parties

4.54 Change of name

4.55 Parties wrongly joined

4.56 Striking out and adding parties

Subpart 10 —Interpleader

4.57 Interpretation

4.58 Right to interplead

4.59 Form of application

4.60 Affidavit in support

4.61 Time for applying

4.62 Claimants to file affidavits

4.63 Powers of court

4.64 Costs of applicant

Part 5
Commencement of proceedings and filing of documents

Subpart 1 —Proper registry of the court, transfer to High Court, transfer to District Court

5.1 How to determine proper registry

Transfer from District Court to High Court

5.2 Transfer under section 43 of Act

5.3 Papers to be forwarded to High Court

Proceedings transferred from High Court

5.4 Transfer under section 46 of Act

Subpart 2 —Formal requirements for documents

5.5 Non-complying documents

5.7 Contents to be typed, etc

5.9 Signature to be original

5.10 Cover sheet, numbering, and fastening of document

5.11 Description of document

5.12 Heading generally

5.13 Format of cover sheet

Subpart 3 —Heading of court documents

5.14 Heading on statement of claim and counterclaim

5.15 Heading on judgment and certain orders

5.16 Heading on other documents

5.17 Division into paragraphs

5.19 Information at foot of cover sheet

Subpart 4 —Pleadings generally

5.20 Distinct matters to be stated separately

5.21 Denial of representative character

5.22 Denial of contract

5.23 Effect of document to be stated

5.24 Notice requiring further particulars or more explicit pleading

Subpart 5 —Notice of proceeding

5.25 Notice of proceeding to be filed with statement of claim

5.26 Requirements as to notice of proceeding

5.27 When not necessary to file notice of proceeding

Subpart 6 —Statement of claim

5.28 Proceeding commenced by filing statement of claim

5.29 Statement of claim to show nature of claim

5.30 Statement of claim to specify relief sought

5.31 Inclusion of several causes of action

5.32 Joint plaintiffs

5.33 Representative capacity of party

5.34 Specifying relief sought

5.35 Amount of money claim

5.36 Special damages

Subpart 7 —Authority of solicitors to act

5.38 Authority to file documents

5.39 Authority of certain Australian solicitors in certain trans-Tasman proceedings

5.40 Solicitor’s warranty as to authorisation to file documents

5.41 Solicitor on record

5.42 Authority to sign documents

5.43 Change of representation or address for service

5.44 Withdrawal of solicitor who has ceased to act for party

5.45 Address for service of party whose solicitor has ceased to act

5.46 Solicitors to inform clients of orders or directions

Subpart 8 —Memorandum on first document

5.47 Memorandum at end of first document filed by party

Subpart 9 —Security for costs

5.48 Power to make order for security for costs

Subpart 10 —Statement of defence and appearance

5.49 Filing and service of statement of defence

5.50 Requirements of statement of defence

5.51 Appearance and objection to jurisdiction

5.52 Appearance for ancillary purposes

5.53 Appearance reserving rights

Subpart 11 —Counterclaims

5.55 Counterclaim against plaintiff only

5.56 Heading of counterclaim

5.57 Filing and service

5.58 Defence to counterclaim

5.59 Counterclaim against plaintiff and another person

5.60 Place of trial of counterclaim

5.61 Status of counterclaim if proceeding stayed

5.62 Counterclaim by counterclaim defendant

5.63 Restriction when the Crown involved

Subpart 12 —Reply

5.64 Duty to file and serve reply

5.65 Contents of reply

Subpart 13 —Service of statement of claim, notice of proceeding, and list of documents relied on

5.66 Service generally

5.67 Personal service required

5.68 Prompt service required

5.69 Extension of time for service

5.70 Notice of service to Registrar

Subpart 1 —Methods and proof of service

6.1 Methods of service

6.2 Service of copies

6.4 Personal service on spouses or partners

6.5 Service at address for service

6.6 Service by means of post office box, document exchange, fax, or email

6.7 Service under agreement

6.8 Substituted service

6.9 Notices to be given by Registrar

6.10 Proof of service

6.11 Personal service

Subpart 2 —Corporations, partners, attorneys, and agents

6.12 Personal service on New Zealand corporations

6.13 Personal service in New Zealand on foreign corporations

6.14 Personal service on Australian corporations, partnerships, and attorneys

6.15 Personal service in Australia on foreign corporations

6.16 Personal service on unincorporated societies

6.17 Personal service on partnership or apparent partnership

6.18 Personal service on attorney or agent of absentee

6.19 Service on representatives

6.20 Service on solicitor

6.21 Service of statement of claim on certain days void

6.22 Failure to give address for service

Subpart 3 —Service out of New Zealand

6.23 When allowed without leave

6.24 When allowed with leave

6.25 Court's discretion whether to assume jurisdiction

6.26 Service of other documents outside New Zealand

6.27 Notice to defendant served outside New Zealand

6.28 Service outside New Zealand

6.29 Service through official channels

6.30 Service in convention countries

6.31 Time for filing defence

6.32 Subpart does not apply to service in Australia of documents for or in certain trans-Tasman proceedings

Part 7
Case management

Subpart 1 —Case management

7.1 Proceedings subject of case management

7.2 First case management conference

7.3 Judicial settlement conference

7.4 Second case management conference

7.5 Additional case management conferences

7.6 Steps after close of pleadings date restricted

7.7 Cancellation of case management conference

7.8 Limitation of right of appeal

7.9 Timetable and monitoring obligations

7.10 Lists of proceedings

7.11 Registrar's functions in relation to hearing dates

Subpart 2 —Interlocutory applications and interlocutory orders

7.12 Contents, form, and filing of interlocutory application

7.13 Affidavit to be filed with application

7.14 Filing by post

7.15 Service of application and supporting affidavit

7.16 Application without notice

7.17 Notice of opposition to application

7.18 Affidavit to be filed with notice of opposition

7.19 Affidavit in reply

7.20 Evidence normally given by affidavit

7.21 Cross-examination of maker of affidavit

7.22 Rules governing affidavits

7.23 Statements of belief in affidavits

7.24 When admissions binding

7.25 Previous affidavits and agreed statements of fact

7.26 Allocation of hearing date

7.27 Mode of hearing

7.28 Publication about hearing in chambers

7.29 Application for summary judgment to be heard in open court

7.30 No hearing required if respondents consent or do not oppose

7.31 Respondent who consents, or who does not oppose, need not attend hearing

7.32 Synopsis of argument

7.33 Failure to attend

7.34 Certain applications may be made orally at hearing

7.35 Adjournment

7.36 Making of interlocutory orders

7.37 Power to grant interlocutory order or interlocutory relief

7.38 Interlocutory orders may be made subject to conditions

7.39 Determination of application without notice

7.40 Drawing up and sealing interlocutory order

7.41 Enforcement of interlocutory order

7.42 Order relating to management of proceeding may be varied if circumstances change

7.43 Order may be rescinded if fraudulently or improperly obtained

7.44 Limitation as to second interlocutory application

Subpart 3 —Interim relief

7.45 Application for injunction

7.46 Undertaking as to damages

7.47 Preservation of property

7.48 Sale of perishable property before hearing

7.49 Order to transfer part of property to person with interest in property

7.50 Interim payment of income to person with interest in income

Subpart 4 —Receivers

7.51 Application

7.52 Address for service

7.53 Receiver must give security

7.54 Remuneration of receiver

7.55 Accounts of receiver

7.56 Examination of accounts

7.57 Default by receiver

7.58 Powers of receiver

7.59 Accounts on death of receiver

Subpart 5 —Interim payments

7.60 Interpretation

7.61 Application for interim payment

7.62 Order for interim payment in respect of damages

7.63 Order for interim payment in respect of sums other than damages

7.64 Method of payment

7.65 Directions on interim payment application

7.66 Non-disclosure of interim payment

7.67 Adjustment on final judgment or order or on discontinuance

7.68 Counterclaims and other proceedings

Subpart 6 —Amendment of pleading

7.69 Filing of amended pleading

Subpart 7 —Recovery of specific property subject to lien

7.70 Recovery of specific property subject to lien or other security

Subpart 8 —Arbitration

7.71 Arbitration by consent

Part 8
Discovery, inspection, and interrogatories requirements

Subpart 1 —Discovery and inspection

8.1 Interpretation

8.2 Co-operation

8.3 Preservation of documents

8.4 List of documents relied on

8.5 Discovery orders to be made at second 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 second 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 9
Evidence

Subpart 1 —Briefs, oral evidence directions, common bundles, and chronologies

9.1 Objective and scope

9.2 Exchange of documents and index

9.4 Preparation of common bundle

9.5 Consequences of incorporating document in common bundle

9.6 Consequence of not incorporating document in common bundle

9.7 Requirements in relation to briefs

9.8 Supplementary briefs

9.9 Exchange of chronology of facts intended to be relied upon at trial or hearing

9.10 Oral evidence directions

9.11 Compliance with Evidence Act 2006

9.12 Evidence-in-chief at trial

9.13 Briefs not given in evidence

9.14 Privilege and admissibility not affected by briefs

9.15 Cross-examination duties

9.16 Plaintiff's synopsis of opening

Subpart 2 —Evidence by depositions

9.17 Order for examination of witness or for letters of request

9.18 Security for costs for taking evidence outside New Zealand

9.19 Documents for examiner

9.20 Procedure for examination before examiner

9.21 Examination of additional persons

9.22 Objection to question

9.23 Form of report

9.24 Depositions as evidence

Subpart 3 —Inspection and testing

9.25 Order for inspection, etc

9.26 Notice of application

Subpart 4 —Experts

9.27 Appointment of court expert

9.28 Submission of question to court expert

9.29 Report of court expert

9.30 Experiments and tests

9.31 Cross-examination of court expert

9.32 Remuneration of court expert

9.33 Calling of expert witnesses

9.34 Expert witness to comply with code of conduct

9.35 Court may direct conference of expert witnesses

9.36 Status of joint witness statement by expert witnesses

9.37 Evidence of expert witnesses at trial

Subpart 5 —Preserving evidence

9.38 Right to preserve evidence

9.39 Procedures in which the Crown may have interest

9.40 Examination of witness

9.41 Subsequent admissibility

Subpart 6 —Evidence at trial

9.42 Evidence to be given orally

9.43 Issue of witness summonses

9.44 Service of summons

9.45 Evidence of person in custody

9.46 Affidavit evidence by agreement

9.47 Affidavit evidence under order of court

9.48 Agreed statement of facts

Subpart 7 —Evidence in trans-Tasman proceedings

9.49 Interpretation

9.50 Issue of subpoenas by District Court for service in Australia

9.51 Leave to serve New Zealand subpoena on witness in Australia

9.52 Service of subpoena on witness in Australia

9.53 Application to set aside New Zealand subpoena

9.54 Service of documents on applicant

9.55 Hearing of application

9.56 Failure to comply with subpoena

9.57 Evidence and submissions by remote appearance medium from Australia

Subpart 8 —Procedure when evidence given by affidavit

9.58 Application of rules 9.59 to 9.64

9.59 Time for filing plaintiff’s affidavits

9.60 Time for filing defendant’s affidavits

9.61 Time for filing affidavits in reply

9.62 Use of affidavits

9.63 Swearing of affidavits

9.64 Cross-examination of person who has sworn affidavit

9.65 Person refusing to make affidavit

9.66 Form and contents of affidavits

9.67 Exhibits to affidavits

9.68 Interlineation, alteration, or erasure in affidavit

9.69 Irregularity in form of affidavit

9.70 Service copies of affidavits

9.71 Affidavit may be sworn on Sunday

9.72 Affidavits made on behalf of corporation

9.73 Affidavit by 2 or more persons

9.74 Affidavit by blind or illiterate person

9.75 Authority to take affidavits in New Zealand

9.76 Authority to take affidavits in places outside New Zealand

9.77 Meaning of authenticated deposition

9.78 Admissibility of authenticated deposition

9.79 Application of other rules

Subpart 1 —Mode of trial

10.1 Criteria for mode of trial

10.2 Mode of trial may be changed before trial

10.3 Timetable for short trial

10.4 Features of short trial

Simplified trial

10.5 Affidavits of evidence and copies of documents for simplified trial

10.6 Witnesses at simplified trial

10.7 Features of simplified trial

10.8 Full procedure applies to full trial

Subpart 2 —Place

10.9 Venue and changing it

Subpart 3 —Adjournments, methods of trial

10.10 Adjournment of trial

10.11 Method of trial

10.12 Court may order separate trials

10.13 When neither party appears

10.14 When only plaintiff appears

10.15 When only defendant appears

10.16 Judgment following non-appearance may be set aside

10.17 When both parties appear

Subpart 4 —Consolidation of proceedings

10.18 When order may be made

10.19 Application of rule 10.18

Subpart 5 —Separate decision of questions

10.20 Definition of question

10.21 Orders for decision

10.22 Agreed result

10.23 Record, etc, of decision

10.24 Disposal of proceeding if proceeding substantially affected by decision of question

10.25 Form and contents of case

10.26 Insufficient case or disputed facts or documents

Subpart 6 —Counsel assisting

10.27 Counsel assisting

Part 11
Judgment

Subpart 1 —General provisions

11.1 Interpretation

11.2 Types of judgment

11.3 How judgment given

11.4 Time judgment given

11.5 Delivery time of written judgment

11.6 Form and certificates of judgments

11.7 Duplicate judgments

11.8 Death or incapacity of Judge before judgment

11.9 Recalling judgment

11.10 Correction of accidental slip or omission

Subpart 2 —Sealing and notification

11.11 Judgments to be sealed, dated, and served

11.12 When judgment takes effect

11.13 Steps before judgment sealed

11.14 Registrar’s role on receipt of judgment

Subpart 3 —Giving effect to judgments

11.15 Conduct of proceedings after judgment

11.16 Applying for dismissal because of inactivity

11.17 Judgment directing sale of property

11.18 Judgment for balance of claim over counterclaim

11.19 Judgment for balance of counterclaim

11.20 Cross judgments

11.21 Judgment if third party defends

11.22 Interest on judgment debt

11.23 Satisfaction of judgment

Subpart 4 —Retrial

11.24 Power to order retrial

11.25 Application for retrial

Part 12
Summary judgment

12.1 Application of summary judgment procedure

12.2 Judgment when there is no defence or when no cause of action can succeed

12.3 Summary judgment on liability

12.4 Interlocutory application for summary judgment

12.5 Service out of New Zealand

12.6 Requirements as to notice of proceeding

12.7 Time for service

12.8 Postponement of hearing

12.9 Notice of opposition and affidavit in answer

12.10 Statement of defence

12.11 Affidavits in reply

12.12 Disposal of application

12.13 Time for filing statement of defence on dismissal of plaintiff’s application

12.14 Setting aside judgment

12.15 Discontinuance

12.16 Application to counterclaims and claims against third parties

Part 13
Summary proceeding for recovery of land

13.1 Interpretation

13.2 Application of Part

13.3 Defendants

13.4 Affidavit in support

13.6 Time for filing statement of defence

13.7 Power of court to make unlawful occupiers defendants

13.8 Judgment for possession

13.9 Possession order

14.1 Costs at discretion of court

14.2 Principles applying to determination of costs

14.3 Categorisation of proceedings

14.4 Appropriate daily recovery rates

14.5 Determination of reasonable time

14.6 Increased costs and indemnity costs

14.7 Refusal of, or reduction in, costs

14.8 Costs in interlocutory applications

14.9 Costs may be determined by different Judge

14.10 Written offers without prejudice except as to costs

14.11 Effect on costs

14.12 Disbursements

14.13 Joint and several liability for costs

14.14 Defendants defending separately

14.15 Claim and counterclaim both established

14.16 Set-off if costs allowed to both parties

14.17 Solicitor acting in person

14.18 Proceeding transferred from High Court

14.19 Enforcement of order for costs

Part 15
Disposal other than by trial

Subpart 1 —Dismissal or stay without trial

15.1 Dismissing or staying all or part of proceeding

15.2 Dismissal for want of prosecution

Subpart 2 —Judgment by default

15.3 Application where appearance

15.4 Affidavits to be filed

15.5 When several causes of action

15.6 When several defendants

15.7 Liquidated demand

15.8 Recovery of land or chattels

15.9 Formal proof for other claims

15.10 Judgment may be set aside or varied

15.11 Overseas service cases

Subpart 3 —Judgment on admission

15.12 Judgment on admission of facts

15.13 Admission of cause of action

15.14 Admission of defence

Subpart 4 —Discontinuance

15.15 Interpretation

15.16 Right to discontinue proceeding

15.17 Restrictions on right to discontinue proceeding

15.18 Effect of discontinuance

15.19 Court may set discontinuance aside

15.21 Restriction on subsequent proceedings

15.22 Certain remedies not affected

Part 16
Accounts and inquiries

16.1 Interpretation

16.2 Orders for accounts and inquiries

16.3 Directions

16.4 Summary order for accounts

16.5 Mutual accounts

16.6 Account-taker

16.7 Direction as to evidence

16.8 Remuneration of accountant

16.9 Form and verification of account

16.10 Filing and service of account

16.11 Notice of receipt that is not admitted

16.12 Notice of error

16.13 Admission of items

16.14 Appointment and notice for taking accounts

16.15 Parties to attend account hearing

16.16 Adjournment of account hearing

16.17 Power of summary decision

16.18 Examination of accounting party

16.19 Production of documents

16.20 Interest on debts of deceased person

16.21 Accounting and estimates

16.22 Directions for inquiries

16.23 Powers of persons taking accounts or making inquiries

16.24 Duty of persons summoned to attend

16.25 Time for proving claims

16.26 Statement of claim to be filed

16.27 Failure to claim within time

16.28 Result to be certified

16.29 Party may ask for court’s decision

16.30 Certificate or report when approved to be signed by Judge

16.31 Effect of certificate or report when filed

16.32 Distribution before all persons entitled are ascertained

16.33 Payment of share carried over to separate trust account

Section 62 or 62A reports

16.34 Report under section 62 or 62A of Act

Abandonment of excess

16.35 Abandonment of excess if more than $200,000 found due on taking of accounts

Part 17
Appeals to High Court

17.1 Agreement not to appeal

17.2 Leave to appeal

Part 18
Appeals to District Court

Subpart 1 —Preliminary provisions

18.1 Application of this Part

18.2 Interpretation

18.3 Judge may call conference and give directions

Subpart 2 —Commencement of appeal

18.4 Time for appeal if there is right of appeal

18.5 Commencement of periods in rule 18.4

18.6 When appeal brought

18.7 Power to dispense with service

18.8 Filing notice of appeal

18.9 Contents of notice of appeal

18.10 Stay of decision subject to appeal

18.11 Cross-appeal

18.12 Dismissal or stay or abandonment of appeal or cross-appeal

18.13 Security for appeal

18.14 Documents to be lodged with Registrar

Subpart 3 —Matters leading up to hearing

18.15 Order for transcript of evidence

18.16 Report by decision-maker

18.17 Further evidence

Subpart 4 —Conduct of appeal

18.18 Decision-maker entitled to be heard on appeal

18.19 Appeal is rehearing

18.20 Powers of court in relation to evidence heard on appeal

18.21 Court has powers of decision-maker

18.22 Counsel assisting court

18.23 Appeals from decision arising from contested application

18.24 Powers of court on appeal

18.25 Dismissal of appeal

18.26 Repayment of judgment sum and interest

18.27 Registrar to notify decision of court

Part 19
Enforcement

Enforcement generally

19.1 Payment in reduction of amount

19.2 Sale of personal property

19.3 Examination of any party

19.4 Application by judgment creditor of partner

19.5 Application by partner of judgment debtor

19.6 Change of parties after judgment

19.7 Change of name, etc, of party after judgment

19.8 Application to Registrar for suspension of judgment, etc

19.9 Stay of judgment, etc

19.10 Discharge of person under section 98 of Act

19.11 Receipt to be attached to warrant

19.12 Bailiff to enforce warrants, etc

19.13 New order for payment of unsatisfied judgment

19.14 Application for civil enforcement process

Assessment of judgment debtors

19.15 Hearing in different place

19.16 Non-appearance of judgment creditor or witness at assessment

19.17 Record of assessment hearing

19.18 Warrant of arrest

19.19 Review of Registrar’s decision

Contempt of enforcement proceedings

19.20 Contempt of enforcement proceedings

19.21 Hearing of contempt of enforcement proceedings if judgment debtor at distance

Fees, costs, and expenses

19.22 Certain fees, costs, and expenses incurred by judgment creditor may be recovered

Charging orders

19.23 Interpretation

19.24 Application for charging order

19.25 Filing of application for charging order

19.26 Value of property exceeding $200,000

19.27 Charging order where amount involved small

19.28 Form of charging order

19.29 Application for relief by persons prejudicially affected

19.30 Claim of third person on property charged

19.31 Apportionment when more than 1 charging order

19.32 Charging order final in first instance

19.33 Registration of charging order under Land Transfer Act 1952

19.34 Registration of charging order under Deeds Registration Act 1908

19.35 Lodging of charging order under Crown Minerals Act 1991

19.36 Sale before registration of charging order

19.37 Discharge of land or mining privilege from charging order

19.38 Charging order expires after 2 years

19.39 Property other than land that may be charged

19.40 Interim charging order

19.41 Effect of interim charging order

19.42 Liability for breach of interim charging order

19.43 Money may be paid into court

19.44 Application to make interim charging order final

Miscellaneous provisions relating to charging orders

19.45 Costs of charging orders

19.46 Removal of final charging order to High Court

Warrants to seize property

19.47 Application for warrant to seize property

19.48 Order of priority

19.49 Issue, duration, and renewal

19.50 Enforcement against firm

19.51 Concurrent warrants to seize property

19.52 Costs of warrants to seize property

19.53 Holding over enforcement and withdrawing from possession

19.54 Reissue of warrant to seize property

19.55 Possession fees

19.56 Bailiff to make inventory

19.57 Accounts of sale

19.58 Bailiff to furnish statements to Registrar

19.59 Court may order enforcement on returned warrant to seize property

19.60 Application for private sale

Delivery of chattels

19.61 Warrant for recovery of chattels

19.62 Warrant of committal

19.63 Warrant to seize property for value of chattels and for damages, etc

19.64 Where possession ordered to be taken until security given

Recovery of land

19.65 Warrant to recover land

Warrant of committal

19.66 Judgment or order enforceable by committal

19.67 Application for warrant of committal

19.68 Discharge of person in custody

19.69 Release on bail pending hearing of application for discharge from custody

Garnishee proceedings

19.70 Interpretation

19.71 Garnishee proceeding

19.72 Where debt exceeds $200,000

19.73 Starting proceeding

19.74 Service and effect of service

19.75 Statement to be filed by sub-debtor in respect of deposit or other accounts

19.76 Payment into court by sub-debtor

19.77 Payment out of court of money paid by sub-debtor

19.78 Garnishee order where sub-debtor does not pay into court or appear

19.79 Order in other cases

19.80 Where debt stated to belong to third party

19.81 Garnishee orders in respect of deposit and other accounts

19.82 Discharge of sub-debtor as against judgment debtor

19.83 Court may refuse order

19.84 Where money due by sub-debtor under judgment or order

19.85 Money in court

19.86 Debts owing by firm

19.88 Garnishee proceeding against the Crown

Third party claim process relating to enforcement

19.89 Notice of claim

19.90 Notice to enforcement creditor

19.91 Appraisement

19.92 Admission of claim

19.93 Order protecting bailiff

19.94 Starting proceeding

19.96 Security for costs where claimant does not reside in New Zealand

19.97 Particulars and grounds of claim to be lodged

19.98 Withdrawal or admission

19.99 Claim for damages by claimant

19.100 Claim for damages by enforcement creditor

19.101 Payment into court where damages claimed

Writs of arrest

19.102 Application for writ

19.103 Form of writ, and procedure

Proceedings by and against executors and administrators

19.104 Costs where executor sues and fails

19.105 Judgment and enforcement against executor or administrator

19.106 Assets after judgment

Miscellaneous provisions relating to transmission and authentication of documents, etc

19.107 How documents may be sent

19.108 Authentication of documents

Part 20
Applications in equity and under statutes

Subpart 1 —Special cases

20.1 Types of proceedings

20.2 Application of this Part to proceedings under Industrial and Provident Societies Act 1908

20.3 This Part subject to rules under other Acts

20.4 Commencement of proceedings

Special provisions concerning pleadings, directions, and affidavits

20.5 Naming of defendants in cases involving deceased estates or trusts

20.6 Persons served by direction of court need not be named as defendant

20.7 Applications for directions as to service

20.8 Orders giving directions as to service

20.9 Proceeding without service

20.10 Time for serving affidavit in support of appearance

20.11 Statement of defence to be filed

Evidentiary requirements

20.12 Evidence generally by agreed statement of facts or affidavit

Subpart 2 —Originating applications

20.13 Application of this subpart

20.14 Commencing proceedings

20.15 Memorandum relating to filing and address for service

20.16 Heading of documents

20.17 Application of rules relating to interlocutory applications

20.18 Directions as to parties and conduct of applications

20.20 Cross-examination of person making affidavit

20.21 Applications for directions as to service

Subpart 3 —Proceedings under Harassment Act 1997

20.22 Application of subpart

20.23 Interpretation

20.24 Construction

20.25 Procedure and practice

20.26 Application of rules in other Parts

20.27 Cases not provided for

Main applications

20.30 How to start proceedings

20.31 Form of main application

20.32 Documents accompanying main applications

20.33 Supporting affidavits

20.34 Number of copies to be filed

20.35 Request that residential address be kept confidential

20.36 Request that address of applicant’s solicitor be kept confidential

20.37 Proper registry for filing main application

20.38 Proceedings started in wrong court

20.39 Procedure on filing main applications

Notice of defence

20.40 Requirement to file and serve notice of defence or address for service

20.41 Consequences of failure to file and serve notice of defence

Representatives

20.42 Appointment of representative of certain minors

20.43 Applications against minors

20.44 Appointment of representative of person unable or unwilling to take proceeding

20.45 Effect of minor turning 17, marrying, or entering into civil union

20.46 Effect of ceasing to be unable or unwilling to take proceedings

20.47 Personal service of applications

20.48 Main applications served by Registrar

20.49 Parties may not effect service

20.50 Substituted service

20.51 Power of Judge to call conference

20.52 Orders and directions

20.53 Amendment before service

Transfer of proceeding or hearing

20.54 Transfer of proceeding

20.55 Transfer of hearing

20.56 Transfer with or without application

20.57 Procedure on transfer of proceeding

20.58 Procedure on transfer of hearing

Form of restraining order

20.59 Form of restraining order

Availability of records for criminal proceedings

20.60 Transfer of information to criminal court

Interlocutory applications

20.61 Interlocutory applications

20.62 Applications for extending time used as delaying tactic

Subpart 4 —Proceedings under subpart 6 of Part 8 of Local Government Act 2002

20.63 Application of this subpart

20.64 Interpretation

20.65 Application of rules in other Parts

20.66 Starting proceeding

20.67 Application for removal order

20.68 Procedure on applications for removal order

20.69 Removal orders

20.70 Service of removal order on respondent

20.71 Service of removal order on other parties

20.72 Mode of service of removal order

Notices of objection

20.73 Notice of objection

20.74 Manner in which notice of objection to be dealt with

Interlocutory applications

20.75 Interlocutory applications

20.76 Applications for extending time used as delaying tactic

Entry of land to enforce removal orders

20.77 Notice where land entered to enforce removal order

Subpart 5 —Proceedings under Construction Contracts Act 2002

20.78 Application of this subpart

20.79 Interpretation

20.80 Application of other rules and practice of court

Review of adjudicator’s determination in respect of owner who is not respondent

20.81 Form of application for review

20.82 Where to file application for review

20.83 Procedure after filing of application for review

20.84 Notice of opposition to application for review

20.85 Adjudicator to forward documents relating to adjudication proceedings on request

Enforcement of adjudicator’s determination

20.86 Application for adjudicator’s determination to be enforced

20.88 Opposition to application for adjudicator’s determination to be enforced

Subpart 6 —Proceedings in admiralty

20.89 Application of this subpart

20.90 Interpretation

20.91 Application of other rules and practice of court

20.92 Preliminary acts to be filed in collision cases

20.93 Meaning of preliminary act

20.94 Notice of filing of preliminary act to be served on other parties

20.95 Registrar to seal and file preliminary acts

20.96 Failure to lodge preliminary act

20.97 Actions for limitation of liability

20.98 Inspection of ship or other property

Subpart 7 —Entry of award as judgment under article 35 of Schedule 1 of Arbitration Act 1996

20.99 Interpretation

20.100 Entry of judgment where all parties agree

20.101 Entry of judgment in other cases

20.102 Application for entry of award as judgment

20.103 Affidavit to be filed in support

20.105 Entry as judgment without notice in exceptional circumstances

20.106 Entry as judgment if defendant takes no steps

20.107 Opposition to entry as judgment

Part 21
Penal and disciplinary provisions

21.1 Proceedings on complaint of assault or rescue

21.2 Misconduct or neglect of officers

21.3 Witnesses and costs

21.4 Non-attendance, etc, of witness

21.5 Notice before imposing or enforcing fine

21.6 Contempt of court

21.7 Enforcement of fine

Part 22
Revocation

22.1 Revocation

Schedule 1
Transitional and savings provisions

Schedule 2
Forms

Schedule 3
Case management conferences

Schedule 4
Time allocations

Schedule 5
Appropriate daily recovery rates

Explanatory note

Administrative information