District Court Rules 2014

1.16 Translation of documents into te reo Māori

(1)

A person upon whom in any proceeding a document is served is entitled to receive a translation of the document into the Māori language if he or she—

(a)

applies, orally or in writing, to the Registrar in the place where the proceeding is pending, within 10 working days after the date of service, for a translation into the Māori language of the document; and

(b)

states a postal address for the service of the translation (if an address for service has not already been given); and

(c)

satisfies the Registrar that he or she is unable to read the document but could read it if it were translated into the Māori language.

(2)

The Registrar must require that translation to be prepared by the party or person on whose behalf the document was served.

(3)

The translation must be certified correct by a person holding an endorsed certificate of competency under clause 4 of Schedule 6 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016.

(4)

The translation may be served—

(a)

personally; or

(b)

at the address for service (if any) of the person entitled to the translation; or

(c)

by sending it by registered post addressed to that person at the stated postal address.

(5)

When the translation is sent by registered post, it is treated as having been served when it would be delivered or available for delivery at its address in the ordinary course of registered post.

(6)

The costs of preparing, certifying, and serving the translation are in the discretion of the court to be treated as costs in the proceeding.

(7)

Unless the court otherwise orders,—

(a)

the document is treated as not having been served until the translation is served in accordance with subclause (4); and

(b)

the proceeding in which the document is issued must be stayed as far as the person entitled to the translation is concerned until the translation is so served; and

(c)

every subsequent document served on the person in the proceeding and every enforcement process or other process issued against the person to enforce any judgment entered or order made in the proceeding must, unless the person is at the time represented by a solicitor, be accompanied by a translation into the Māori language complying with this rule.

Compare: HCR 1.12; SR 2009/257 r 3.6

Rule 1.16(3): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).