High Court Rules 2016

Subpart 4—Service out of New Zealand

6.27 When allowed without leave


This rule applies to a document that initiates a civil proceeding, or is a notice issued under subpart 4 of Part 4 (third, fourth and subsequent parties), which under these rules is required to be served but cannot be served in New Zealand under these rules (an originating document).


An originating document may be served out of New Zealand without leave in the following cases:


when a claim is made in tort and—


any act or omission in respect of which damage was sustained was done or occurred in New Zealand; or


the damage was sustained in New Zealand:


when a contract sought to be enforced or rescinded, dissolved, annulled, cancelled, otherwise affected or interpreted in any proceeding, or for the breach of which damages or other relief is demanded in the proceeding—


was made or entered into in New Zealand; or


was made by or through an agent trading or residing within New Zealand; or


was to be wholly or in part performed in New Zealand; or


was by its terms or by implication to be governed by New Zealand law:


when there has been a breach in New Zealand of any contract, wherever made:


when the claim is for—


a permanent injunction to compel or restrain the performance of any act in New Zealand; or


interim relief in support of judicial or arbitral proceedings commenced or to be commenced outside New Zealand:


when the subject matter of the proceeding is land or other property situated in New Zealand, or any act, deed, will, instrument, or thing affecting such land or property:


when the proceeding relates to the carrying out or discharge of the trusts of any written instrument of which the person to be served is a trustee and which ought to be carried out or discharged according to the law of New Zealand:


when any relief is sought against any person domiciled or ordinarily resident in New Zealand:


when any person out of the jurisdiction is—


a necessary or proper party to proceedings properly brought against another defendant served or to be served (whether within New Zealand or outside New Zealand under any other provision of these rules), and there is a real issue between the plaintiff and that defendant that the court ought to try; or


a defendant to a claim for contribution or indemnity in respect of a liability enforceable by proceedings in the court:


when the proceeding is for the administration of the estate of any deceased person who at the time of his or her death was domiciled in New Zealand:


when the claim arises under an enactment and either—


any act or omission to which the claim relates was done or occurred in New Zealand; or


any loss or damage to which the claim relates was sustained in New Zealand; or


the enactment applies expressly or by implication to an act or omission that was done or occurred outside New Zealand in the circumstances alleged; or


the enactment expressly confers jurisdiction on the court over persons outside New Zealand (in which case any requirements of the enactment relating to service must be complied with):


when the person to be served has submitted to the jurisdiction of the court:


when a claim is made for restitution or for the remedy of constructive trust and the defendant’s alleged liability arises out of acts committed within the jurisdiction:


when it is sought to enforce any judgment or arbitral award.

Compare: 1908 No 89 Schedule 2 r 219