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| 1.1 | Title | |
| 1.2 | Objective | |
| 1.3 | Interpretation | |
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| 1.4 | Application | |
| 1.4A | Transitional, savings, and related provisions | |
| 1.5 | Non-compliance with rules | |
| 1.6 | Cases not provided for | |
| 1.7 | Oral applications for relief | |
| 1.8 | Consent instead of leave of court | |
| 1.9 | Amendment of defects and errors | |
| 1.10 | Security | |
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| 1.11 | Speaking in Māori | |
| 1.12 | Translation of documents into te reo Māori | |
| 1.13 | Failure to give notice | |
| 1.14 | Translation may be ordered by court | |
| 1.15 | Affidavit in language other than English | |
| 1.16 | Sign language | |
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| 1.17 | Calculating periods of time | |
| 1.18 | When time expires when court registry is closed | |
| 1.19 | Extending and shortening time | |
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| 1.20 | Lawyers’ duties | |
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| 1.21 | Variation of forms | |
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| 1.22 | Communication with foreign court | |
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| 2.1 | Jurisdiction and powers | |
| 2.2 | Interim order on transfer of proceeding | |
| 2.3 | Review of decision [Revoked] | |
| 2.4 | Appeal to Court of Appeal [Revoked] | |
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| 2.5 | Registrars’ jurisdiction and powers relating to interlocutory applications | |
| 2.6 | Additional jurisdiction for certain Registrars | |
| 2.7 | Limits on jurisdiction | |
| 2.8 | Powers ancillary to jurisdiction | |
| 2.9 | Jurisdiction in other registries | |
| 2.10 | Form of order | |
| 2.11 | Review of Registrar’s decision | |
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| 3.1 | Registry hours | |
| 3.2 | Court holidays | |
| 3.3 | Sitting on court holidays | |
| 3.3A | Vacations | |
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| 3.3B | Emergencies | |
| 3.4 | Closure of court or registries in emergencies | |
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| 3.4A | Judge may direct form of participation in hearings and at trials | |
| [Revoked] | |
| 3.5 | Interpretation [Revoked] | |
| 3.6 | Application [Revoked] | |
| 3.7 | General right of access to formal court record and certain applications under Administration Act 1969 [Revoked] | |
| 3.8 | Right of parties to access court file or documents [Revoked] | |
| 3.9 | Access to documents during substantive hearing stage [Revoked] | |
| 3.10 | Meaning of relevant deadline in rule 3.9 [Revoked] | |
| 3.11 | Access to court files, documents, and formal court record in other cases [Revoked] | |
| 3.12 | Restrictions on access [Revoked] | |
| 3.13 | Applications for permission to access documents, court file, or formal court record other than at hearing stage [Revoked] | |
| 3.14 | Decisions on applications under rule 3.13 [Revoked] | |
| 3.15 | Review of decisions by Registrar [Revoked] | |
| 3.16 | Matters to be taken into account [Revoked] | |
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| 3.17 | Application for order | |
| 3.18 | Powers of court in relation to application | |
| 3.19 | Disposal of securities and income | |
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| 4.1 | Limit on parties | |
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| 4.2 | Plaintiffs | |
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| 4.3 | Defendants | |
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| 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 | |
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| 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 | |
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| 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 | |
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| 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 | |
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| 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 | |
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| 4.54 | Change of name | |
| 4.55 | Parties wrongly joined | |
| 4.56 | Striking out and adding parties | |
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| 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 | |
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| 5.1 | Identification of proper registry | |
| 5.1A | Filing generally | |
| 5.1B | When documents filed | |
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| 5.2 | Non-complying documents | |
| 5.3 | Paper | |
| 5.4 | Contents to be typed, etc | |
| 5.5 | Margin | |
| 5.6 | Signature to be original [Revoked] | |
| 5.7 | Cover sheet, numbering, and fastening of document | |
| 5.8 | Description of document | |
| 5.9 | Heading generally | |
| 5.10 | Format of cover sheet | |
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| 5.11 | Heading on statement of claim and counterclaim | |
| 5.12 | Heading on judgment and certain orders | |
| 5.13 | Heading on other documents | |
| 5.14 | Division into paragraphs | |
| 5.15 | Numbers | |
| 5.16 | Information at foot of cover sheet | |
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| 5.17 | Distinct matters to be stated separately | |
| 5.18 | Denial of representative character | |
| 5.19 | Denial of contract | |
| 5.20 | Effect of document to be stated | |
| 5.21 | Notice requiring further particulars or more explicit pleading | |
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| 5.22 | Notice of proceeding to be filed with statement of claim | |
| 5.23 | Requirements as to notice of proceeding | |
| 5.24 | When not necessary to file notice of proceeding | |
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| 5.25 | Proceeding commenced by filing statement of claim | |
| 5.26 | Statement of claim to show nature of claim | |
| 5.27 | Statement of claim to specify relief sought | |
| 5.28 | Inclusion of several causes of action | |
| 5.29 | Joint plaintiffs | |
| 5.30 | Joining claims by or against spouses or partners | |
| 5.31 | Specifying relief sought | |
| 5.32 | Amount of money claim | |
| 5.33 | Special damages | |
| 5.34 | Set-off | |
| 5.35 | Representative capacity of party | |
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| 5.35A | Registrar may refer plainly abusive proceeding to Judge before service | |
| 5.35B | Judge’s powers to make orders and give directions before service | |
| 5.35C | Requirement for signature and release of proceeding in certain circumstances | |
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| 5.36 | Authority to file documents | |
| 5.36A | Authority of certain Australian solicitors in certain trans-Tasman proceedings | |
| 5.37 | Solicitor’s warranty as to authorisation to file documents | |
| 5.38 | Solicitor on record | |
| 5.39 | Authority to sign documents | |
| 5.40 | Change of representation or address for service | |
| 5.41 | Withdrawal of solicitor who has ceased to act for party | |
| 5.42 | Address for service of party whose solicitor has ceased to act | |
| 5.43 | Solicitors to inform clients of orders or directions | |
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| 5.44 | Memorandum at end of first document filed by party | |
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| 5.45 | Order for security of costs | |
| 5.46 | Solicitor not to be surety | |
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| 5.47 | Filing and service of statement of defence | |
| 5.48 | Requirements of statement of defence | |
| 5.49 | Appearance and objection to jurisdiction | |
| 5.50 | Appearance for ancillary purposes | |
| 5.51 | Appearance reserving rights | |
| 5.52 | Forms | |
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| 5.53 | Counterclaim against plaintiff only | |
| 5.54 | Heading of counterclaim | |
| 5.55 | Filing and service | |
| 5.56 | Defence to counterclaim | |
| 5.57 | Counterclaim against plaintiff and another person | |
| 5.58 | Place of trial of counterclaim | |
| 5.59 | Status of counterclaim if proceeding stayed | |
| 5.60 | Counterclaim by counterclaim defendant | |
| 5.61 | Restriction when the Crown involved | |
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| 5.62 | Duty to file and serve reply | |
| 5.63 | Contents of reply | |
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| 5.64 | Application of rules | |
| 5.65 | Documents to be filed in proper registry | |
| 5.66 | On filing treated as proceeding | |
| 5.67 | Title of documents | |
| 5.68 | Time for filing statement of defence | |
| 5.69 | Transfer under section 91 of District Court Act 2016 | |
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| 5.70 | Service generally | |
| 5.71 | Personal service required | |
| 5.72 | Prompt service required | |
| 5.73 | Extension of time for service | |
| 5.73A | Notice of service to Registrar | |
| [Revoked] | |
| 5.74 | Interpretation [Revoked] | |
| 5.75 | Registration procedure [Revoked] | |
| 5.76 | Effect of registration [Revoked] | |
| 5.77 | Renewal of registration [Revoked] | |
| [Revoked] | |
| 5.78 | Requirements for e-filing [Revoked] | |
| 5.79 | Provisional filing [Revoked] | |
| 5.80 | Acceptance of provisionally filed documents [Revoked] | |
| 5.81 | Affidavits and formal undertakings [Revoked] | |
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| 6.1 | Methods of service | |
| 6.1A | Power to limit acceptable methods of service in emergency | |
| 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 | |
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| 6.12 | Personal service on New Zealand corporations | |
| 6.13 | Personal service in New Zealand on foreign corporations | |
| 6.13A | Personal service on Australian corporations, partnerships, and attorneys | |
| 6.13B | Personal service in Australia on foreign corporations | |
| 6.14 | Personal service on unincorporated societies | |
| 6.15 | Personal service on partnership or apparent partnership | |
| 6.16 | Personal service on attorney or agent of absentee | |
| 6.17 | Service on representatives | |
| 6.18 | Service on solicitor | |
| 6.19 | Service of statement of claim on certain days void | |
| 6.20 | Failure to give address for service | |
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| 6.21 | Service of foreign process | |
| 6.22 | Sheriff to effect service | |
| 6.23 | Method of service | |
| 6.24 | Return as to service | |
| 6.25 | Certification | |
| 6.26 | Sealing and transmission of certificate | |
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| 6.27 | When allowed without leave | |
| 6.28 | When allowed with leave | |
| 6.29 | Court’s discretion whether to assume jurisdiction | |
| 6.30 | Service of other documents outside New Zealand | |
| 6.31 | Notice to defendant served outside New Zealand | |
| 6.32 | Service outside New Zealand | |
| 6.33 | Service through official channels | |
| 6.34 | Service in convention countries | |
| 6.35 | Time for filing defence | |
| 6.36 | Subpart does not apply to service in Australia of documents for or in certain trans-Tasman proceedings | |
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| 7.1AA | Outline of case management procedures for different types of proceedings | |
| 7.1 | Proceedings subject of case management | |
| 7.2 | Case management conferences generally | |
| 7.3 | First case management review | |
| 7.3A | First case management conference | |
| 7.4 | Further case management conferences | |
| 7.5 | Issues conferences | |
| 7.6 | Allocation of key dates | |
| 7.7 | Steps after close of pleadings date restricted | |
| 7.8 | Pre-trial conferences | |
| 7.9 | Cancellation of conference | |
| 7.10 | Limitation of right of appeal | |
| 7.11 | Timetable and monitoring obligations | |
| 7.12 | Lists of proceedings | |
| 7.13 | Registrar’s functions in relation to hearing dates | |
| 7.14 | Case management conferences for appeals | |
| 7.15 | Directions for conduct of appeal | |
| 7.16 | Jury notice | |
| 7.17 | Case management conferences for proceedings under Part 30 | |
| 7.18 | No steps after setting down date without leave [Revoked] | |
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| 7.19 | Contents, form, and filing of interlocutory application | |
| 7.20 | Affidavit to be filed with application | |
| 7.21 | Filing by post | |
| 7.22 | Service of application and supporting affidavit | |
| 7.23 | Application without notice | |
| 7.24 | Notice of opposition to application | |
| 7.25 | Affidavit to be filed with notice of opposition | |
| 7.26 | Affidavit in reply | |
| 7.27 | Evidence normally given by affidavit | |
| 7.28 | Cross-examination of maker of affidavit | |
| 7.29 | Rules governing affidavits | |
| 7.30 | Statements of belief in affidavits | |
| 7.31 | When admissions binding | |
| 7.32 | Previous affidavits and agreed statements of fact | |
| 7.33 | Allocation of hearing date | |
| 7.34 | Mode of hearing | |
| 7.35 | Publication about hearing in chambers | |
| 7.36 | Application for summary judgment to be heard in open court | |
| 7.37 | No hearing required if respondents consent or do not oppose | |
| 7.38 | Respondent who consents, or who does not oppose, need not attend hearing | |
| 7.39 | Synopsis of argument | |
| 7.40 | Failure to attend | |
| 7.41 | Certain applications may be made orally at hearing | |
| 7.42 | Adjournment | |
| 7.42A | Judge’s powers to make orders and give directions on interlocutory applications | |
| 7.43 | Making of interlocutory orders | |
| 7.43A | Directions as to conduct of proceedings | |
| 7.44 | Power to grant interlocutory order or interlocutory relief | |
| 7.45 | Interlocutory orders may be made subject to conditions | |
| 7.46 | Determination of application without notice | |
| 7.47 | Drawing up and sealing interlocutory order | |
| 7.48 | Enforcement of interlocutory order | |
| 7.49 | Order may be varied or rescinded if shown to be wrong | |
| 7.50 | Order relating to management of proceeding may be varied if circumstances change | |
| 7.51 | Order may be rescinded if fraudulently or improperly obtained | |
| 7.52 | Limitation as to second interlocutory application | |
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| 7.53 | Application for injunction | |
| 7.54 | Undertaking as to damages | |
| 7.55 | Preservation of property | |
| 7.56 | Sale of perishable property before hearing | |
| 7.57 | Order to transfer part of property to person with interest in property | |
| 7.58 | Interim payment of income to person with interest in income | |
| | |
| 7.59 | Application | |
| 7.60 | Address for service | |
| 7.61 | Receiver must give security | |
| 7.62 | Remuneration of receiver | |
| 7.63 | Accounts of receiver | |
| 7.64 | Examination of accounts | |
| 7.65 | Default by receiver | |
| 7.66 | Powers of receiver | |
| 7.67 | Accounts on death of receiver | |
| | |
| 7.68 | Interpretation | |
| 7.69 | Application for interim payment | |
| 7.70 | Order for interim payment in respect of damages | |
| 7.71 | Order for interim payment in respect of sums other than damages | |
| 7.72 | Method of payment | |
| 7.73 | Directions on interim payment application | |
| 7.74 | Non-disclosure of interim payment | |
| 7.75 | Adjustment on final judgment or order or on discontinuance | |
| 7.76 | Counterclaims and other proceedings | |
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| 7.77 | Filing of amended pleading | |
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| 7.78 | Recovery of specific property subject to lien or other security | |
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| 7.79 | Court may assist in negotiating for settlement | |
| 7.80 | Arbitration by consent | |
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| 7.81 | Interim relief in support of overseas proceedings | |
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| 8.1 | Interpretation | |
| 8.2 | Co-operation | |
| 8.3 | Preservation of documents | |
| 8.4 | Initial disclosure | |
| 8.5 | Discovery orders | |
| 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 first case management review | |
| 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 | Enforcement of order | |
| | |
| 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 | |
| | |
| 8.47 | Notice to admit facts | |
| 8.48 | Judgment on admission of facts | |
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| 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 | |
| | |
| 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 | |
| 9.25 | Letters of request where convention exists | |
| 9.26 | Issue of letters of request | |
| 9.27 | Agents of parties | |
| 9.28 | Consequences of non-compliance with undertaking as to expenses | |
| 9.29 | Application by Solicitor-General on letters of request from abroad | |
| | |
| 9.30 | Order for medical examination | |
| 9.31 | Report | |
| 9.32 | Service of report | |
| 9.33 | Evidence of medical practitioner when medical examination ordered | |
| | |
| 9.34 | Order for inspection, etc | |
| 9.35 | Notice of application | |
| | |
| 9.36 | Appointment of court expert | |
| 9.37 | Submission of question to court expert | |
| 9.38 | Report of court expert | |
| 9.39 | Experiments and tests | |
| 9.40 | Cross-examination of court expert | |
| 9.41 | Remuneration of court expert | |
| 9.42 | Calling of expert witnesses | |
| 9.43 | Expert witness to comply with code of conduct | |
| 9.44 | Court may direct conference of expert witnesses | |
| 9.45 | Status of joint witness statement by expert witnesses | |
| 9.46 | Evidence of expert witnesses at trial | |
| | |
| 9.47 | Right to preserve evidence | |
| 9.48 | Procedures in which the Crown may have interest | |
| 9.49 | Examination of witness | |
| 9.50 | Subsequent admissibility | |
| | |
| 9.51 | Evidence to be given orally | |
| 9.52 | Issue of subpoenas | |
| 9.53 | Service of subpoena | |
| 9.54 | Evidence of person in custody | |
| 9.55 | Affidavit evidence by agreement | |
| 9.56 | Affidavit evidence under order of court | |
| 9.57 | Agreed statement of facts | |
| | |
| 9.58 | Interpretation | |
| 9.59 | Issue of subpoenas by High Court for service in Australia | |
| 9.60 | Leave to serve New Zealand subpoena on witness in Australia | |
| 9.61 | Service of subpoena on witness in Australia | |
| 9.62 | Application to set aside New Zealand subpoena | |
| 9.63 | Service of documents on applicant | |
| 9.64 | Hearing of application | |
| 9.65 | Failure to comply with subpoena | |
| 9.66 | Transmission of documents or things to Australian Court | |
| 9.67 | Evidence and submissions by remote appearance medium from Australia | |
| | |
| 9.68 | Application of rules 9.69 to 9.74 | |
| 9.69 | Time for filing plaintiff’s affidavits | |
| 9.70 | Time for filing defendant’s affidavits | |
| 9.71 | Time for filing affidavits in reply | |
| 9.72 | Use of affidavits | |
| 9.73 | Swearing of affidavits | |
| 9.74 | Cross-examination of person who has sworn affidavit | |
| 9.75 | Person refusing to make affidavit | |
| 9.76 | Form and contents of affidavits | |
| 9.77 | Exhibits to affidavits | |
| 9.78 | Interlineation, alteration, or erasure in affidavit | |
| 9.79 | Irregularity in form of affidavit | |
| 9.80 | Service copies of affidavits | |
| 9.81 | Affidavit may be sworn on Sunday | |
| 9.82 | Affidavits made on behalf of corporation | |
| 9.83 | Affidavit by 2 or more persons | |
| 9.84 | Affidavit by blind or illiterate person | |
| 9.85 | Authority to take affidavits in New Zealand | |
| 9.86 | Authority to take affidavits in places outside New Zealand | |
| 9.87 | Meaning of authenticated deposition | |
| 9.88 | Admissibility of authenticated deposition | |
| 9.89 | Application of other rules | |
| | |
| | |
| 10.1 | Venue and changing it | |
| | |
| 10.2 | Adjournment of trial | |
| 10.3 | Method of trial | |
| 10.4 | Court may order separate trials | |
| 10.5 | Existence or accuracy of record | |
| 10.6 | When neither party appears | |
| 10.7 | When only plaintiff appears | |
| 10.8 | When only defendant appears | |
| 10.9 | Judgment following non-appearance may be set aside | |
| 10.10 | When both parties appear | |
| 10.11 | When proceeding tried with jury | |
| | |
| 10.12 | When order may be made | |
| 10.13 | Application of rule 10.12 | |
| | |
| 10.14 | Definition of question | |
| 10.15 | Orders for decision | |
| 10.16 | Removal into Court of Appeal | |
| 10.17 | Agreed result | |
| 10.18 | Record, etc, of decision | |
| 10.19 | Disposal of proceeding if proceeding substantially affected by decision of question | |
| 10.20 | Form and contents of case | |
| 10.21 | Insufficient case or disputed facts or documents | |
| | |
| 10.22 | Counsel assisting | |
| | |
| 10.23 | Interpretation | |
| 10.24 | Judge may preside at hearing of certain matters by video link | |
| 10.25 | Requirements for hearing by video link | |
| 10.26 | Incidental directions | |
| | |
| 10.27 | Disruptive behaviour relating to court proceedings | |
| | |
| | |
| 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 of judgment | |
| 11.6A | General court order | |
| 11.7 | Duplicate judgments | |
| 11.8 | Death or incapacity of Judge before judgment | |
| 11.8A | Further submissions after end of hearing but before judgment | |
| 11.9 | Recalling judgment | |
| 11.10 | Correction of accidental slip or omission | |
| | |
| 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 | |
| | |
| 11.15 | Judgment after proceeding tried with jury | |
| 11.16 | Leave to apply to set aside judgment | |
| 11.17 | Judgment not in accordance with verdict | |
| 11.18 | Application for judgment on special verdict or subject to special case | |
| 11.19 | Application for judgment by both parties | |
| | |
| 11.20 | Conduct of proceedings after judgment | |
| 11.21 | Applying for dismissal because of inactivity | |
| 11.22 | Judgment directing sale of property | |
| 11.23 | Judgment for balance of claim over counterclaim | |
| 11.24 | Judgment for balance of counterclaim | |
| 11.25 | Cross judgments | |
| 11.26 | Judgment if third party defends | |
| 11.27 | Interest as part of judgment debt | |
| 11.28 | Satisfaction of 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 | |
| | |
| 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 | |
| | |
| | |
| 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 on interlocutory applications | |
| 14.9 | Costs may be determined by different Judge or Associate Judge | |
| 14.10 | Written offers without prejudice except as to costs | |
| 14.11 | Effect on costs | |
| 14.12 | Disbursements | |
| 14.13 | Proceedings within jurisdiction of District Court | |
| 14.14 | Joint and several liability for costs | |
| 14.15 | Defendants defending separately | |
| 14.16 | Claim and counterclaim both established | |
| 14.17 | Set-off if costs allowed to both parties | |
| | |
| 14.18 | Appointment to tax costs | |
| 14.19 | Taxation of disbursements | |
| 14.20 | No charge allowed for bill of costs | |
| 14.21 | Registrar sole judge of questions of fact | |
| 14.22 | Direction to Registrar to ascertain expenses | |
| 14.23 | Review of taxation | |
| | |
| | |
| 15.1 | Dismissing or staying all or part of proceeding | |
| 15.2 | Dismissal for want of prosecution | |
| | |
| 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 | |
| 15.12 | Other proceedings [Revoked] | |
| 15.13 | Judgment may be set aside or varied [Revoked] | |
| 15.14 | Overseas service cases [Revoked] | |
| | |
| 15.15 | Judgment on admission of facts | |
| 15.16 | Admission of cause of action | |
| 15.17 | Admission of defence | |
| | |
| 15.18 | Interpretation | |
| 15.19 | Right to discontinue proceeding | |
| 15.20 | Restrictions on right to discontinue proceeding | |
| 15.21 | Effect of discontinuance | |
| 15.22 | Court may set discontinuance aside | |
| 15.23 | Costs | |
| 15.24 | Restriction on subsequent proceedings | |
| 15.25 | Certain remedies not affected | |
| | |
| 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 | Interest on legacies | |
| 16.22 | Accounting and estimates | |
| 16.23 | Directions for inquiries | |
| 16.24 | Powers of persons taking accounts or making inquiries | |
| 16.25 | Duty of persons summoned to attend | |
| 16.26 | Time for proving claims | |
| 16.27 | Statement of claim to be filed | |
| 16.28 | Failure to claim within time | |
| 16.29 | Result to be certified | |
| 16.30 | Party may ask for court’s decision | |
| 16.31 | Certificate when approved to be signed by Judge | |
| 16.32 | Effect of certificate when filed | |
| 16.33 | Distribution before all persons entitled are ascertained | |
| 16.34 | Payment of share carried over to separate trust account | |
| | |
| | |
| 17.1 | Interpretation | |
| 17.2 | Method of enforcing orders | |
| 17.3 | Method of enforcing judgments | |
| 17.4 | No excessive recovery | |
| 17.5 | No enforcement against the Crown | |
| 17.6 | Enforcement by or against non-parties | |
| 17.7 | Enforcement against partners or alleged partners | |
| 17.8 | Issuing enforcement process as of right | |
| 17.9 | When leave to issue enforcement process necessary | |
| | |
| 17.10 | Notice to liable party to complete financial statement | |
| 17.11 | Interpretation | |
| 17.12 | Order for examination | |
| 17.13 | Service of order for examination | |
| 17.14 | Examining party’s affidavit | |
| 17.15 | Procedure for examination | |
| 17.16 | Adjournment of hearing | |
| 17.17 | Orders by court | |
| 17.18 | Failure to comply with order for examination | |
| 17.19 | Certification of breach of arrest order | |
| 17.20 | Discharge of arrest order | |
| | |
| 17.21 | Enforcement process to conform with judgment | |
| 17.22 | Preparation and issue of enforcement processes | |
| 17.23 | Date of enforcement process | |
| 17.24 | Currency and renewal of enforcement processes (except for charging orders) | |
| 17.25 | Expenses of enforcement | |
| 17.26 | Concurrent enforcement processes | |
| 17.27 | Return of enforcement process | |
| 17.28 | Reissue of enforcement process | |
| 17.29 | Stay of enforcement | |
| 17.30 | Enforcement process may be set aside | |
| | |
| 17.31 | Interpretation | |
| 17.32 | Effect of attachment order | |
| 17.33 | When attachment order may be issued | |
| 17.34 | Attachment order to be served on employer | |
| 17.35 | Priority of attachment order | |
| 17.36 | Protected earnings amount | |
| 17.37 | Liability of employer | |
| 17.38 | Attachment orders in State services | |
| 17.39 | Variation, suspension, and discharge of attachment orders | |
| | |
| 17.40 | Effect of charging order | |
| 17.41 | Leave to issue charging order | |
| 17.42 | Issue of charging order without leave after judgment | |
| 17.43 | Charging order where amount involved small | |
| 17.44 | Application for relief by persons prejudicially affected | |
| 17.45 | Claim of third party on property charged | |
| 17.46 | Apportionment when more than 1 charging order | |
| 17.47 | Charging order for land final when issued | |
| 17.48 | Registration of charging order under Land Transfer Act 1952 | |
| 17.49 | Registration of charging order not under Land Transfer Act 1952 | |
| 17.50 | Sale before registration of charging order | |
| 17.51 | Discharge of land from charging order | |
| 17.52 | Lapse of charging order after 2 years | |
| 17.53 | Personal property may be charged | |
| 17.54 | Interim charging order in first instance | |
| 17.55 | Effect of interim charging order | |
| 17.56 | Liability of persons breaching interim charging order | |
| 17.57 | Money may be paid into court | |
| 17.58 | Court may order sale of property affected | |
| 17.59 | Application to make final charging order after judgment | |
| 17.60 | Execution after charging order made final | |
| 17.61 | Discharge of person served with order | |
| | |
| 17.62 | Effect of sale order | |
| 17.63 | When sale order may be issued | |
| 17.64 | Execution for less than full amount of judgment | |
| 17.65 | Recovery of money owing on cheques and other securities | |
| 17.66 | Discharge of person paying on cheque or other security | |
| 17.66A | Personal property securities register must be checked | |
| 17.66B | Claim by secured party | |
| 17.66C | Court’s power to deal with claim | |
| 17.66D | Purchaser of personal property obtains good title | |
| 17.67 | Disposal of proceeds | |
| 17.68 | Not necessary to seize land | |
| 17.69 | Moving seized chattels | |
| 17.70 | Place of sale | |
| 17.71 | Advertising of notice of sale | |
| 17.72 | Service of notice of sale on liable party | |
| 17.73 | Contents of notice of sale | |
| 17.74 | Method and conditions of sale | |
| 17.75 | Powers of enforcing officer in relation to sale by auction | |
| 17.76 | Power of enforcing officer to seize title deeds | |
| 17.77 | Order of sale of land and chattels | |
| 17.78 | Power of liable party or mortgagee to give directions concerning sale of land | |
| 17.79 | Transfers, etc, to purchaser | |
| 17.80 | Effect of possession order | |
| 17.81 | When possession order may be issued | |
| 17.82 | Combined sale and possession order | |
| | |
| 17.83 | Effect of arrest order | |
| 17.84 | Power to issue arrest order | |
| 17.85 | Court may impose sanctions for non-compliance with original court order or enforceable undertaking | |
| 17.86 | Effect of sequestration order | |
| 17.87 | Court may issue sequestration order | |
| | |
| 17.88 | Arrest of absconding debtor | |
| 17.89 | Process for order to arrest and imprison defendant | |
| 17.90 | Security by absconding debtor | |
| 17.91 | Orders about security | |
| 17.92 | Discharge on payment | |
| | |
| | |
| 18.1 | Types of proceedings | |
| 18.2 | Limited application of this Part to proceedings under Property (Relationships) Act 1976 | |
| 18.3 | This Part subject to rules under other Acts | |
| 18.4 | Commencement of proceedings | |
| | |
| 18.5 | Naming of defendants in cases involving deceased estates or trusts | |
| 18.6 | Persons served by direction of court need not be named as defendant | |
| 18.7 | Applications for directions as to service | |
| 18.8 | Orders giving directions as to service | |
| 18.9 | Proceeding without service | |
| 18.10 | Time for serving claimant’s affidavit in proceedings under Family Protection Act 1955 | |
| 18.11 | Time for serving affidavit in support of appearance | |
| 18.12 | Statement of defence to be filed | |
| | |
| 18.13 | Joining in proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949 | |
| 18.14 | Joinder of claims and consolidation | |
| 18.14A | Procedure under section 174 of Companies Act 1993 | |
| 18.14B | Service of order made under section 174 of Companies Act 1993 | |
| | |
| 18.15 | Evidence generally by agreed statement of facts or affidavit | |
| | |
| | |
| 19.1 | Meaning of originating application | |
| 19.2 | Applications under certain enactments | |
| 19.3 | Application of this Part to certain kinds of proceeding | |
| 19.4 | Certain directions may be sought by originating application | |
| 19.4A | Application under rule 19.4(f) | |
| 19.5 | Court may permit proceeding to be commenced by originating application | |
| 19.5A | Directions as to filing of statement of claim and defence | |
| 19.6 | Certain proceedings must be commenced by interlocutory application | |
| | |
| 19.7 | Commencement of proceeding | |
| 19.8 | Memorandum relating to filing and address for service | |
| 19.9 | Heading of documents | |
| 19.10 | Application of rules relating to interlocutory applications | |
| 19.11 | Directions as to parties and conduct of applications | |
| 19.12 | Originating applications relating to certain proceedings under Companies Act 1993 | |
| 19.12A | Special provisions for service of applications to remove caveats or set aside statutory demands | |
| | |
| 19.13 | Evidence | |
| 19.14 | Cross-examination of person making affidavit | |
| | |
| | |
| 20.1 | Application of this Part | |
| 20.2 | Interpretation | |
| | |
| 20.3 | Application for leave to appeal to court | |
| | |
| 20.4 | Time for appeal if there is right of appeal | |
| 20.5 | Commencement of periods in rules 20.3 and 20.4 | |
| 20.6 | When appeal brought | |
| 20.7 | Power to dispense with service | |
| 20.8 | Filing notice of appeal | |
| 20.9 | Contents of notice of appeal | |
| 20.9A | When to name decision-maker as respondent to appeal | |
| 20.10 | Stay of proceedings | |
| 20.11 | Cross-appeal | |
| 20.12 | Dismissal or stay or abandonment of appeal or cross-appeal | |
| 20.13 | Security for appeal | |
| | |
| 20.14 | Order for transcript of evidence | |
| 20.15 | Report by decision-maker | |
| 20.16 | Further evidence | |
| | |
| 20.17 | Decision-maker entitled to be heard on appeal [Revoked] | |
| 20.18 | Appeal is rehearing | |
| 20.19 | Powers of court on appeal | |
| 20.20 | Repayment of judgment sum and interest | |
| 20.21 | Registrar to notify result of appeal | |
| | |
| 20.22 | Applications for leave | |
| | |
| 21.1 | Application | |
| 21.2 | Some rules in Part 20 apply | |
| 21.3 | Interpretation | |
| 21.4 | Method of commencing appeal or reference | |
| 21.5 | Time for appeal | |
| 21.6 | Notice of appeal | |
| 21.7 | Place for filing notice | |
| 21.8 | Lodging of draft case stated | |
| 21.9 | Contents of case | |
| 21.10 | Order for transcription of evidence | |
| 21.11 | When case deemed to be stated | |
| 21.12 | Power to amend case | |
| 21.13 | Security for costs | |
| 21.14 | Determination of questions | |
| | |
| 22.1 | Interpretation | |
| | |
| 22.2 | Appointment | |
| 22.3 | Nominating scientific adviser and settling questions and instructions | |
| 22.4 | Report | |
| 22.5 | Cross-examination | |
| 22.6 | Experiment or test | |
| 22.7 | Further or supplementary report | |
| 22.8 | Remuneration | |
| | |
| 22.9 | Application of subpart to application under section 89 | |
| 22.10 | Notifying Commissioner | |
| 22.11 | Advertisement | |
| 22.12 | Right to be heard | |
| 22.13 | Time for making application | |
| 22.14 | Service of notice of interlocutory application | |
| 22.15 | Duty of court to give directions | |
| 22.16 | Procedure when amendment allowed | |
| | |
| 22.17 | Application by originating application | |
| 22.18 | Respondent begins proceeding | |
| | |
| 22.19 | Particulars if validity of patent disputed | |
| 22.20 | Particulars if want of novelty alleged | |
| 22.21 | Service of notice on Solicitor-General | |
| 22.22 | Particulars supplied by plaintiff | |
| 22.23 | Particulars supplied by defendant [Revoked] | |
| 22.24 | Evidence restricted to particulars delivered | |
| 22.25 | Amendment of particulars | |
| | |
| 22.26 | Application of Part 20 | |
| 22.27 | Method and time of bringing appeal | |
| 22.28 | Contents of notice of appeal | |
| 22.29 | Grounds of appeal | |
| 22.30 | Service of notice of appeal | |
| 22.31 | Commissioner to transmit papers | |
| 22.32 | Contentions raised by respondent | |
| 22.33 | Respondent’s notice | |
| 22.34 | Appeal by way of rehearing | |
| 22.35 | Proceeding heard and determined in public | |
| 22.36 | Documentary evidence | |
| 22.37 | Cross-examination of witnesses | |
| | |
| 22.38 | Costs | |
| | |
| | |
| 23.1 | Scope and interpretation | |
| 23.2 | Application of other Parts | |
| 23.3 | Subpart subject to Orders in Council | |
| 23.4 | Method of application for registration | |
| 23.5 | Title and content of application | |
| 23.6 | Place of filing | |
| 23.7 | Supporting affidavits | |
| 23.8 | Copy judgment and translation | |
| 23.9 | Judicial notice of authentication of judgment | |
| 23.10 | Evidence of exchange rates and interest | |
| 23.11 | Evidence of right to registration | |
| 23.12 | Further evidence | |
| 23.13 | Registration of part of judgment | |
| 23.14 | Security for costs | |
| 23.15 | Order for registration | |
| 23.16 | Method of registration | |
| 23.17 | Date of registration | |
| 23.18 | Notice of registration | |
| 23.19 | Contents of notice of registration | |
| 23.20 | Application to set aside registration | |
| 23.21 | Determination of certain questions | |
| 23.22 | Enforcement of judgments | |
| 23.23 | Form of enforcement process | |
| | |
| 23.24 | Method of application | |
| 23.25 | Issue of certified copy | |
| [Revoked] | |
| 23.26 | Interpretation [Revoked] | |
| 23.27 | Scope [Revoked] | |
| 23.28 | Application of other Parts [Revoked] | |
| 23.29 | Method of application [Revoked] | |
| 23.30 | Title of proceeding [Revoked] | |
| 23.31 | Place of filing [Revoked] | |
| 23.32 | Evidence of exchange rates and interest [Revoked] | |
| 23.33 | Method of registration [Revoked] | |
| 23.34 | Notice of registration [Revoked] | |
| 23.35 | Contents of notice of registration [Revoked] | |
| 23.36 | Service of copy of judgment, order, or injunction [Revoked] | |
| 23.37 | Copy of judgment, order, or injunction to be filed if facsimile produced [Revoked] | |
| 23.38 | Application to set aside registration or for stay of enforcement [Revoked] | |
| | |
| | |
| 24.1 | Interpretation | |
| 24.2 | Application of Part | |
| 24.3 | Application of general rules and practice of court | |
| | |
| 24.4 | Forms | |
| 24.5 | General requirements of documents filed in court | |
| 24.6 | Advertising of notices or proceedings | |
| 24.7 | Discretion of court as to method of taking evidence | |
| | |
| 24.8 | Issue of bankruptcy notice | |
| 24.9 | Service of bankruptcy notice in New Zealand | |
| 24.10 | Setting aside bankruptcy notice | |
| | |
| 24.11 | Application for adjudication by creditor | |
| 24.12 | Verification of creditor’s application | |
| 24.13 | Where application for adjudication to be filed | |
| 24.14 | Registrar to fix hearing date for creditor’s application | |
| 24.15 | Court may alter hearing date for creditor’s application | |
| 24.16 | Service of creditor’s application on debtor | |
| 24.17 | Service of creditor’s application on trustee or supervisor | |
| 24.18 | Debtor’s notice of intention to oppose adjudication | |
| 24.19 | Affidavit evidence of applicant creditor | |
| 24.20 | Applicant creditor’s solicitor’s certificate as to unpaid debt | |
| 24.21 | Death of debtor against whom application filed | |
| | |
| 24.22 | Applicant to deposit sum for Official Assignee’s expenses | |
| 24.23 | Official Assignee may seek additional sum where original deposit insufficient | |
| 24.24 | Notification of order appointing Official Assignee as receiver and manager | |
| 24.25 | Repayment of deposits after order of adjudication | |
| 24.26 | Dismissal of application after order appointing Official Assignee as manager and receiver | |
| | |
| 24.27 | Application for order under section 147 | |
| 24.28 | Official Assignee’s report | |
| 24.29 | Official Assignee to notify employer, etc, about proposed assignment or charge | |
| 24.30 | Official Assignee to serve order of assignment, etc | |
| | |
| 24.31 | Application for order approving composition | |
| 24.32 | Notice to Official Assignee of application to approve composition | |
| 24.33 | Notice of application to approve composition | |
| 24.34 | Official Assignee to account when composition approved | |
| | |
| 24.35 | Applications by Official Assignee for cancellation of irregular transactions or retransfer of property or payment of value | |
| | |
| 24.36 | Filing and service of objection to discharge | |
| 24.37 | Service, etc, of notice of application for discharge | |
| 24.38 | Report of Official Assignee | |
| 24.39 | Opposition by creditor to discharge | |
| 24.40 | Conditions affecting salary, etc, after order of discharge | |
| 24.41 | Annulment of adjudication to be advertised | |
| | |
| 24.42 | Proposal and statement of affairs and affidavit | |
| 24.43 | Trustee’s report on proposal | |
| | |
| 24.44 | Application for order to administer under Part 6 of Act | |
| 24.45 | Application by creditor or beneficiary | |
| 24.46 | Duty of Registrar when order made | |
| 24.47 | Duty of administrator when order made | |
| 24.48 | Person who has intermeddled in estate may be ordered to give particulars | |
| 24.49 | Administration election | |
| | |
| 24.50 | Applications to vary or discharge order or decision of Registrar or District Court Judge | |
| 24.51 | Appeals to Court of Appeal | |
| | |
| 24.52 | Applications to court by Official Assignee | |
| 24.53 | Official Assignee’s liability for costs | |
| | |
| 24.54 | Filing decisions of District Court | |
| | |
| 24.55 | Interpretation | |
| 24.56 | Applications for recognition of foreign proceedings | |
| 24.57 | Other procedural requirements | |
| 24.58 | Relief after recognition | |
| 24.59 | Modification or termination | |
| | |
| 24.60 | Appointment of administrator under section 239L of Companies Act 1993 | |
| 24.61 | Applications in course of administration | |
| 24.62 | Proper registry of court | |
| | |
| | |
| 25.1 | Interpretation | |
| 25.2 | Scope of this Part | |
| 25.3 | Application of other rules and practice of court | |
| 25.4 | Parties can apply for directions if procedure not prescribed | |
| 25.5 | Form of application | |
| | |
| 25.6 | Action in personam or in rem, or both, started by notice of proceeding | |
| 25.7 | Notice of proceeding for action in personam | |
| 25.8 | Notice of proceeding for action in rem | |
| 25.9 | Notice of proceeding for action both in rem and in personam | |
| 25.10 | How to serve notice of proceeding in action in rem on ship, cargo, or other property | |
| 25.11 | Other provisions about service in action in rem | |
| 25.12 | Defendant must enter appearance | |
| 25.13 | Content of memorandum | |
| 25.14 | Time limits for entering appearance | |
| 25.15 | Provisions about filing | |
| 25.16 | Service of memorandum | |
| 25.17 | Defendant may apply for orders | |
| 25.18 | Solicitor’s undertaking | |
| 25.19 | Substituted defendants, third parties, and interveners | |
| 25.20 | Statement of claim | |
| 25.21 | Statement of defence | |
| | |
| 25.22 | Meaning of preliminary act | |
| 25.23 | Preliminary acts to be filed in collision cases | |
| 25.24 | Proceedings against party in default where other party fails to lodge preliminary act | |
| | |
| 25.25 | Actions for limitation of liability | |
| 25.26 | Plaintiff must apply to court within 5 working days | |
| 25.27 | Protection against other parties | |
| 25.28 | Order limiting plaintiff’s liability | |
| | |
| 25.29 | Who may seek judgment by default in action in personam | |
| 25.30 | Default in filing and service of statement of claim | |
| 25.31 | Third parties | |
| 25.32 | Application for judgment by default in action in rem | |
| 25.33 | Judgment by default in action in rem | |
| | |
| | |
| 25.34 | Application for warrant of arrest of property | |
| 25.35 | Issue of warrant of arrest | |
| 25.36 | Service of warrant | |
| 25.37 | Currency of warrant | |
| 25.38 | Notice of arrest of property | |
| 25.39 | No Crown indemnity required | |
| 25.40 | Breach of court order to move ship under arrest | |
| 25.41 | Application for directions concerning property under arrest | |
| 25.42 | Request for caveat against arrest of property | |
| 25.43 | Entry of caveat | |
| 25.44 | Request for instrument of release | |
| 25.45 | Issue of release | |
| 25.46 | Caveat against release and payment | |
| 25.47 | Discharge of cargo under arrest from ships not under arrest and of cargo not under arrest | |
| 25.48 | Security | |
| 25.49 | Payment out of court | |
| 25.50 | Interveners | |
| 25.51 | Appraisement and sale of property | |
| 25.52 | Determination of priority of claims where court orders sale of ship | |
| | |
| 25.53 | Inspection of ship, etc | |
| 25.54 | Consent orders | |
| 25.55 | Registrar may seek court’s assistance | |
| 25.56 | Parties may seek review of Registrar’s decision | |
| | |
| | |
| 26.1 | Interpretation | |
| 26.2 | Application | |
| | |
| 26.3 | Originating application to commence appeal | |
| 26.4 | Affidavit to be filed in support | |
| 26.5 | Service | |
| 26.6 | Amending appeal grounds | |
| 26.7 | Notice of opposition to application | |
| 26.8 | Cross-appeal | |
| 26.9 | Record of arbitration | |
| 26.10 | Service and filing of record | |
| 26.11 | Transcript of evidence | |
| 26.12 | Service and filing of transcript | |
| 26.13 | Hearing of appeal | |
| 26.14 | Leave to appeal to Court of Appeal | |
| | |
| 26.15 | Applications for leave to appeal | |
| 26.16 | Submissions | |
| 26.17 | Granting leave | |
| 26.18 | Refusing leave | |
| 26.19 | Applying to Court of Appeal for leave to appeal | |
| | |
| 26.20 | Entry of judgment if all parties agree | |
| 26.21 | Entry of judgment in other cases | |
| 26.22 | Application for entry of award as judgment | |
| 26.23 | Affidavit to be filed in support | |
| 26.24 | Service | |
| 26.25 | Entry as judgment without notice in exceptional circumstances | |
| 26.26 | Entry as judgment if defendant takes no steps | |
| 26.27 | Opposition to entry as judgment | |
| | |
| | |
| 27.1 | Wills and intestacies to which this Part applies | |
| 27.2 | Interpretation | |
| | |
| 27.3 | Kinds of applications for grants | |
| 27.4 | Applications without notice | |
| 27.5 | Restrictions if possibly invalid will exists | |
| | |
| 27.6 | Applications in solemn form | |
| 27.7 | Respondents and additional parties | |
| 27.8 | Compromises | |
| 27.9 | Pleadings | |
| 27.10 | Where application is filed | |
| 27.11 | Where caveat is lodged | |
| 27.12 | Evidence of death | |
| 27.13 | Sale of perishable property | |
| 27.14 | Registrars may make some orders | |
| 27.15 | Application of rules 27.16 to 27.28 | |
| 27.16 | Evidence as to execution | |
| 27.17 | Evidence of validity | |
| 27.18 | Doubt as to will-maker’s understanding | |
| 27.19 | Doubt as to originality of signature | |
| 27.20 | Doubt as to date | |
| 27.21 | Changes | |
| 27.22 | Revocations or revivals by other document | |
| 27.23 | Revocation | |
| 27.24 | Duplicate wills | |
| | |
| 27.25 | Circumstances in which grant may be made | |
| 27.26 | Priority of potential administrators for purposes of rule 27.25 | |
| 27.27 | Proving entitlement to grant | |
| 27.28 | Grant while executor is minor | |
| | |
| 27.29 | Time for making grant | |
| 27.30 | Grants to attorneys | |
| 27.31 | Common or solemn form | |
| | |
| 27.32 | Inventory and account filed by administrator | |
| | |
| 27.33 | Administration of overseas assets | |
| | |
| 27.34 | Recall of grant | |
| | |
| 27.35 | Order of priority for grant in case of intestacy | |
| 27.36 | Justification of entitlement to grant | |
| | |
| 27.37 | Form of application for commission | |
| 27.38 | Affidavit in support | |
| 27.39 | Documents to be filed and verified | |
| 27.40 | Power to adopt previous accounts | |
| 27.41 | Power to refer matter to Registrar for inquiry | |
| 27.42 | Notice of inquiry by Registrar | |
| 27.43 | Evidence before Registrar | |
| 27.44 | Costs | |
| 27.45 | Power to dispense with rules | |
| | |
| 28.1 | Interpretation | |
| 28.2 | Commencement of New Zealand proceedings | |
| 28.3 | Registry of court in which proceedings to be commenced | |
| 28.4 | Issue of subpoenas for service in Australia | |
| 28.5 | Service of subpoena | |
| 28.6 | Subpoenas for production | |
| 28.7 | Setting aside subpoena issued in New Zealand proceeding | |
| 28.8 | Failure to comply with subpoena in New Zealand proceeding | |
| 28.9 | Payment of additional amounts to persons complying with subpoena in New Zealand proceeding | |
| 28.10 | Transmission of documents to Federal Court | |
| 28.11 | Certification of judgments, orders, and injunctions in New Zealand proceedings | |
| 28.12 | Evidence and submissions by video link and telephone conference | |
| | |
| 29.1 | Interpretation | |
| 29.2 | Procedure for assignment of panel Judge | |
| 29.3 | Cancellation of assignment | |
| 29.4 | Heading of documents | |
| 29.5 | Registry for filing and registry for hearings | |
| 29.6 | Application of other rules | |
| [Revoked] | |
| 29.1 | Interpretation [Revoked] | |
| 29.2 | Application of this Part [Revoked] | |
| 29.3 | Entry on commercial list by endorsement [Revoked] | |
| 29.4 | Entry on commercial list by order [Revoked] | |
| 29.5 | Entry on commercial list of appeals against determinations of Commerce Commission [Revoked] | |
| 29.6 | Entry on commercial list of applications for directions by liquidators or receivers [Revoked] | |
| 29.7 | Documents to be served on and filed and served by defendant [Revoked] | |
| 29.8 | Heading of documents [Revoked] | |
| 29.9 | Interlocutory applications [Revoked] | |
| 29.10 | Application for directions [Revoked] | |
| 29.11 | Response to application for directions [Revoked] | |
| 29.12 | Hearing of application for directions [Revoked] | |
| 29.13 | Removal from list [Revoked] | |
| 29.14 | Proceedings in other registries [Revoked] | |
| 29.15 | Memorandum that decision will be final [Revoked] | |
| 29.16 | Additional powers of commercial list Judge [Revoked] | |
| 29.17 | Disputes concerning construction [Revoked] | |
| 29.18 | Form of documents [Revoked] | |
| | |
| 30.1 | Crown Proceedings Act 1950 not affected | |
| 30.2 | Interpretation | |
| 30.3 | Procedure | |
| 30.4 | Interim orders | |
| | |
| 31.1 | Application | |
| 31.2 | Hearing of applications | |
| 31.3 | Applications to be made by statement of claim | |
| 31.4 | Proper registry of court | |
| 31.5 | Notice of proceeding and verifying affidavit | |
| 31.6 | Date of hearing | |
| 31.7 | Exclusion of rules relating to setting down [Revoked] | |
| 31.8 | Directions [Revoked] | |
| 31.9 | Advertisement of application | |
| 31.10 | Restriction on advertising of proceeding | |
| 31.11 | Power to stay liquidation proceedings | |
| 31.12 | Service of proceeding | |
| 31.13 | Affidavit of service | |
| 31.14 | Evidence of advertising | |
| 31.15 | Entitlement to copy of statement of claim, etc | |
| 31.16 | Statement of defence | |
| 31.17 | Time for filing statement of defence | |
| 31.18 | Appearance | |
| 31.19 | Time for filing appearance | |
| 31.20 | Effect of failure to file statement of defence or appearance | |
| 31.21 | Evidence as to unpaid debts | |
| 31.22 | Interlocutory applications | |
| 31.23 | Power to appoint interim liquidator | |
| 31.24 | Additional and substituted plaintiffs in liquidation proceeding | |
| 31.25 | Consolidation of proceedings | |
| 31.26 | Discontinuance of proceeding | |
| 31.27 | Requirements in relation to order appointing interim liquidator | |
| 31.28 | Costs, charges, and expenses of interim liquidator and Official Assignee | |
| | |
| 31.29 | Obligation to send notice of order appointing liquidator or interim liquidator of company | |
| 31.30 | Order and copies to be sealed | |
| 31.31 | Contents of order putting company into liquidation | |
| 31.32 | Transmission of order putting company into liquidation | |
| 31.33 | Service of order made under section 174 of Companies Act 1993 [Revoked] | |
| 31.34 | Service of notice to officer executing process that company being put into liquidation | |
| 31.35 | Procedure in respect of miscellaneous applications | |
| 31.36 | Applications involving allegations of fraud, negligence, misfeasance, or similar behaviour | |
| 31.37 | Liquidator’s notice to set aside voidable transaction or voidable charge | |
| 31.38 | Proper registry of court | |
| 31.39 | Transitional provision for companies registered under the Companies Act 1955 | |
| | |
| 32.1 | Interpretation | |
| 32.2 | Freezing order | |
| 32.3 | Ancillary order | |
| 32.4 | Respondent need not be party to proceeding | |
| 32.5 | Order against judgment debtor or prospective judgment debtor or third party | |
| 32.6 | Form and further terms of freezing order | |
| 32.7 | Duration of freezing order | |
| 32.8 | Discharge or variation of freezing order | |
| 32.9 | Jurisdiction | |
| 32.10 | Costs | |
| | |
| 33.1 | Interpretation | |
| 33.2 | Search order | |
| 33.3 | Requirements for grant of search order | |
| 33.4 | Restriction on entrants | |
| 33.5 | Applicant’s undertaking and duty | |
| 33.6 | Terms of search order | |
| 33.7 | Independent solicitors | |
| 33.8 | Review of search | |
| 33.9 | Costs | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| [Revoked] | |
| | |
| | |
| Notes | |