High Court Rules 2016

19.2 Applications under certain enactments

Applications to the court under the following enactments must be made by originating application:

(a)

the Arbitration Act 1996 (other than article 35 of Schedule 1 and clause 5 of Schedule 2 of that Act):

(b)

section 21(1)(a) and (b) and Parts 3, 4, and 5 of the Charitable Trusts Act 1957:

(c)

sections 228(1)(d), 233(1)(c), 233(2)(c), 236, 290, 294(5), 295, 299, and 329, and Part 15A of the Companies Act 1993:

(ca)

section 16(2) of the Contempt of Court Act 2019:

(d)

sections 34, 41, 75, 95, 97, and 126 of the Coroners Act 2006:

(e)

sections 58 and 59 of the Corporations (Investigation and Management) Act 1989:

(ea)

sections 32 and 33 of the Cultural Property (Protection in Armed Conflict) Act 2012:

(f)

section 166E of the Customs and Excise Act 1996:

(g)

section 89 of the District Court Act 2016:

(h)

the Habeas Corpus Act 2001:

(i)

section 23A of the Incorporated Societies Act 1908:

(j)

section 10A of the Industrial and Provident Societies Act 1908:

(k)

section 172 of the Senior Courts Act 2016:

(l)

sections 132 and 133 of the Land Transfer Act 1952 and sections 142, 143, 146, 175, and 180 of the Land Transfer Act 2017:

(m)

sections 30, 37, 52, 166, 180, and 182 of the Lawyers and Conveyancers Act 2006:

(n)

section 9A(3) of the Law Reform Act 1936:

(na)

sections 100 and 111 of the Marine and Coastal Area (Takutai Moana) Act 2011:

(o)

section 12(1)(a) of the Minors’ Contracts Act 1969:

(p)

section 112 of the Patents Act 2013 (subject to Part 22 of these rules):

(q)

sections 128, 131, 167, 168, 179, 181, 182, and 186 of the Personal Property Securities Act 1999:

(r)

the Criminal Proceeds (Recovery) Act 2009:

(s)

sections 126, 136, 244, 248, 253, 254, 258, 261, 319, and 357 of the Property Law Act 2007:

(t)

the Protection of Personal and Property Rights Act 1988:

(ta)

section 76 of the Public Trust Act 2001:

(u)

the Reciprocal Enforcement of Judgments Act 1934:

(v)

section 44C(2) and (8) of the Securities Act 1978:

(w)

section 47E of the Terrorism Suppression Act 2002:

(x)

section 136 of the Trusts Act 2019:

(xaa)

section 8 of the Trustee Companies Act 1967:

(xa)

section 14 or 31 of the Wills Act 2007:

(y)

rule 7.81, 9.60, 24.11, 24.35, 24.44, 24.56, 28.4, or 32.2 of these rules:

(z)

any repealed enactment if—

(i)

the application under that enactment could have been made by originating application immediately before the commencement of these rules; and

(ii)

the enactment continues to apply to the applicant:

(za)

sections 74, 140, 141, 165, 187, 193, 196, 197, 210, 211, and 214 of the Unit Titles Act 2010.

Compare: 1908 No 89 Schedule 2 r 458D(1)(a)

Rule 19.2(c): amended, on 1 August 2019, by rule 8(1) of the High Court Amendment Rules 2019 (LI 2019/150).

Rule 19.2(ca): inserted, on 26 August 2020, by rule 16 of the High Court (Contempt of Court) Amendment Rules 2020 (LI 2020/124).

Rule 19.2(d): amended, on 1 September 2017, by rule 22 of the High Court Rules 2016 Amendment Rules (No 2) 2017 (LI 2017/191).

Rule 19.2(ea): inserted, on 1 July 2013, by rule 4 of the High Court (Cultural Property (Protection in Armed Conflict) Act 2012) Amendment Rules 2013 (SR 2013/196).

Rule 19.2(g): replaced, on 1 March 2017, by section 183(a) of the Senior Courts Act 2016 (2016 No 48).

Rule 19.2(k): replaced, on 1 March 2017, by section 183(a) of the Senior Courts Act 2016 (2016 No 48).

Rule 19.2(na): inserted, on 3 November 2011, by rule 4 of the High Court Amendment Rules 2011 (SR 2011/350).

Rule 19.2(p): amended, on 13 September 2014, by rule 7 of the High Court Amendment Rules 2014 (LI 2014/127).

Rule 19.2(r): replaced, on 1 December 2009, by rule 4 of the High Court (Criminal Proceeds (Recovery) Act 2009) Amendment Rules 2009 (SR 2009/313).

Rule 19.2(s): amended, on 1 August 2019, by rule 8(2) of the High Court Amendment Rules 2019 (LI 2019/150).

Rule 19.2(ta): inserted, on 1 August 2019, by rule 8(3) of the High Court Amendment Rules 2019 (LI 2019/150).

Rule 19.2(x): amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).

Rule 19.2(xaa): inserted, on 1 August 2019, by rule 8(4) of the High Court Amendment Rules 2019 (LI 2019/150).

Rule 19.2(xa): inserted, on 1 January 2015, by rule 8 of the High Court Amendment Rules (No 2) 2014 (LI 2014/348).

Rule 19.2(y): amended, on 1 July 2015, by rule 12 of the High Court Amendment Rules 2015 (LI 2015/102).

Rule 19.2(za): inserted, on 20 June 2011, by rule 20 of the High Court Amendment Rules (No 2) 2010 (SR 2010/394).