High Court Rules 2016 Amendment Rules (No 2) 2017

  • Corrections have been made to Schedule 1 on 29 August 2017 and on 7 September 2017 under section 25(1)(j)(ii) of the Legislation Act 2012, and to Schedule 1 on 7 November 2019 under section 25(1)(g) of the Legislation Act 2012.

2017/191

Coat of Arms of New Zealand

High Court Rules 2016 Amendment Rules (No 2) 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 7th day of August 2017

Present:
Her Excellency the Governor-General in Council

These rules are made under section 148 of the Senior Courts Act 2016—

(a)

on the advice and with the consent of the Executive Council; and

(b)

with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee continued under section 155 of the Senior Courts Act 2016 (of whom at least 1 was a Judge of the High Court).

Contents

1Title
2Commencement
3Principal rules
4Rule 1.3 amended (Interpretation)
5Rule 2.1 amended (Jurisdiction and powers)
6Rule 5.7 amended (Cover sheet, numbering, and fastening of document)
7Rule 5.11 amended (Heading on statement of claim and counterclaim)
8New rules 5.35A to 5.35C and cross-heading inserted
Striking out proceeding before service
5.35ARegistrar may refer plainly abusive proceeding to Judge before service
5.35BJudge’s powers to make orders and give directions before service
5.35CRequirement for signature and release of proceeding in certain circumstances
9Rule 5.49 amended (Appearance and objection to jurisdiction)
10Rule 6.8 amended (Substituted service)
11Rule 6.29 amended (Court’s discretion whether to assume jurisdiction)
12Rule 7.1AA amended (Outline of case management procedures for different types of proceedings)
13Rule 7.3 replaced (First case management conferences)
7.3First case management review
7.3AFirst case management conference
14Rule 7.6 amended (Allocation of key dates)
15Rule 7.23 replaced (Application without notice)
7.23Application without notice
16Rule 8.11 amended (Preparation for first case management conference)
17Rule 9.7 amended (Requirements in relation to briefs)
18Rule 9.77 amended (Exhibits to affidavits)
19Rule 9.85 amended (Authority to take affidavits in New Zealand)
20Rule 14.2 amended (Principles applying to determination of costs)
21Rule 14.12 amended (Disbursements)
22Rule 19.2 amended (Applications under certain enactments)
23Rule 23.4 amended (Method of application for registration)
24Rule 27.4 amended (Applications without notice)
25Rule 27.10 replaced (Where application is filed)
27.10Where application is filed
26Rule 27.14 amended (Registrars may make some orders)
27Schedule 1 amended
28Schedule 4 amended
Schedule 1
Form G 1 replaced
Schedule 2
Form G 32 replaced
Schedule 3
New form PR 1AA inserted
Explanatory note
Administrative Information