District Court Rules 2014

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This version was replaced on 11 September 2018 to make corrections to Schedule 2, form 92 under section 25(1)(j)(iii) of the Legislation Act 2012.
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Reprint as at 14 August 2018

District Court Rules 2014

(LI 2014/179)

Rules name: amended, on 1 March 2017, by section 246(a) of the District Court Act 2016 (2016 No 49).

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 26th day of May 2014

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Ministry of Justice.

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.

1.1	Title
1.2	Commencement
	Part 1 Rules of general application
	Subpart 1—Objective and interpretation
1.3	Objective
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
1.10	Security
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	Location of rules concerning access to court documents
3.2	Application [Revoked]
3.3	General right of access to formal court record [Revoked]
3.4	Right of parties to access court file or documents [Revoked]
3.5	Access to documents during substantive hearing stage [Revoked]
3.6	Meaning of relevant deadline in rule 3.5 [Revoked]
3.7	Access to court files, documents, and formal court record in other cases [Revoked]
3.8	Restrictions on access [Revoked]
3.9	Applications for permission to access documents, court file, or formal court record other than at hearing stage [Revoked]
3.10	Decisions on applications under rule 3.9 [Revoked]
3.11	Review of decisions by Registrar [Revoked]
3.12	Matters to be taken into account [Revoked]
	Part 4 Parties
	Subpart 1—Limit on parties
4.1	Limit on parties
	Subpart 2—Plaintiffs
4.2	Plaintiffs
	Subpart 3—Defendants
4.3	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
4.25	Partners
4.26	Person trading as firm
4.27	Representation by other persons
4.28	Relators
	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
5.6	Paper
5.7	Contents to be typed, etc
5.8	Margin
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
5.18	Numbers
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
5.37	Set-off
	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
5.54	Forms
	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
	Part 6 Service
	Subpart 1—Methods and proof of service
6.1	Methods of service
6.2	Service of copies
6.3	Notices
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
9.3	Timing
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
	Part 10 Trial
	Subpart 1—Mode of trial
10.1	Criteria for mode of trial
10.2	Mode of trial may be changed before trial
	Short 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
	Full 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
13.5	Service
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
	Part 14 Costs
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
15.20	Costs
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
19.87	Costs
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
19.95	Service
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
20.19	Evidence
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
	Forms
20.28	Forms
20.29	Headings
	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
	Service
20.47	Personal service of applications
20.48	Main applications served by Registrar
20.49	Parties may not effect service
20.50	Substituted service
	Conferences
20.51	Power of Judge to call conference
20.52	Orders and directions
	Amendments
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
	Removal orders
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
20.87	Service
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
20.104	Service
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
	Gazette Information
	Reprint notes

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