High Court Amendment Rules 2019

2019/150

Coat of Arms of New Zealand

High Court Amendment Rules 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 1st day of July 2019

Present:
The Right Hon Jacinda Ardern presiding 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).

Rules

1 Title

These rules are the High Court Amendment Rules 2019.

2 Commencement

These rules come into force on 1 August 2019.

3 Principal rules

These rules amend the High Court Rules 2016 (the principal rules).

4 Rule 7.23 amended (Application without notice)

In rule 7.23(5), delete “of letters”.

5 Rule 9.30 amended (Order for medical examination)

In rule 9.30(1), replace “section 100(1)” with “section 44”.

6 Rule 9.31 amended (Report)

In rule 9.31, replace “section 100(1)” with “section 44”.

7 New rule 11.8A inserted (Further submissions after end of hearing but before judgment)

After rule 11.8, insert:

11.8A Further submissions after end of hearing but before judgment

(1)

This rule applies after a proceeding or an application has been heard but before judgment has been given.

(2)

A party may file a memorandum seeking leave to make further submissions.

(3)

The Judge responsible for the judgment may grant leave to a party to make further submissions.

8 Rule 19.2 amended (Applications under certain enactments)

(1)

In rule 19.2(c), replace “and 299,” with “299, and 329,”.

(2)

In rule 19.2(s), after “261,”, insert “319,”.

(3)

After rule 19.2(t), insert:

(ta)

section 76 of the Public Trust Act 2001:

(4)

After rule 19.2(x), insert:

(xaa)

section 8 of the Trustee Companies Act 1967:

9 Rule 30.3 amended (Procedure)

Revoke rule 30.3(4).

10 Schedule 1 amended

In Schedule 1, revoke forms CL 1, CL 2, and CL 3.

11 Schedule 2 replaced

Replace Schedule 2 with the Schedule 2 set out in Schedule 1 of these rules.

12 Schedule 3 amended

In Schedule 3, replace items 30 to 33 and the heading above item 30 with the items and headings set out in Schedule 2 of these rules.

13 Schedule 5 amended

In Schedule 5, replace clause 8(e) to (i) with:

(e)

is expert evidence required and, if so, what are the proposals for that evidence, including prior exchange, whether expert witnesses should conference, and how expert evidence is to be given (ie, in the normal course of a party’s case, consecutively, or by way of panel)?

(f)

are any special resources or requirements needed for the hearing?

(g)

is an electronic common bundle and/or an electronic casebook to be prepared?

(h)

can the proceeding be placed on a short-notice list or put down as a back-up fixture?

(i)

is alternative dispute resolution suitable to try to facilitate settlement prior to trial?

(j)

what is the categorisation of the proceeding in relation to costs?

Schedule 1 Schedule 2 replaced

r 11

Schedule 2 Appropriate daily recovery rate

r 14.4

Note: The following are the appropriate daily recovery rates for the categories of proceedings referred to in rule 14.3.

Category of proceedings (rule 14.3)Appropriate daily recovery rate ($)
11,590
22,390
33,530

Schedule 2 Schedule 3 amended

r 12

Preparing for affidavit hearingTime (in days) allocated, per hearing day, for preparation steps identified in columns 1 and 2
30Preparation of affidavits, list of issues or authorities; and agreeing common bundle

1 for first hearing day:

0.75 per day for the second to fifth hearing days:

no further allowance after the fifth day

2 for first hearing day:

1 per day for the second to fifth hearing days:

no further allowance after the fifth day

4 for first hearing day:

2 per day for the second to fifth hearing days:

no further allowance after the fifth day

31Additional allowance for whichever party prepared common bundle0.50.51
32Preparation for hearing

All bands:

2 days for first hearing day:

1 per day for second to fifth hearing days:

0.75 per day from then on

Preparing for witness hearing(calculated by length of hearing)
33Preparation of briefs, list of issues, authorities, and agreeing common bundle

All bands:

1 per day for first to fifth hearing days:

0.75 per day from sixth to tenth hearing days:

0.5 per day from then on

33AAdditional allowance for whichever party prepared common bundleAll bands: 0.5
33BPreparation for hearing

All bands:

1 per day for first to fifth hearing days:

0.75 per day for sixth to tenth hearing days:

0.5 per day from then on

Appearances at affidavit hearing or witness hearing and other steps

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 August 2019, amend the High Court Rules 2016 (the principal rules) as follows:

  • rule 7.23(5) is amended to clarify that the rule does not apply to applications for probate:

  • rules 9.30 and 9.31 are amended to refer to the correct section of the Senior Courts Act 2016:

  • new rule 11.8A is inserted to incorporate Practice Note 3 in the principal rules:

  • rule 19.2 is amended to provide that applications under certain enactments must be made by way of originating application. These are an application under section 329 of the Companies Act 1993 to restore a company to the New Zealand register, an application under section 319 of the Property Law Act 2007 to authorise entry onto or over neighbouring land, an application under section 76 of the Public Trust Act 2001 to appoint Public Trust an executor, administrator, or trustee, and an application under section 8 of the Trustee Companies Act 1967 to appoint a trustee company an executor, administrator, or trustee:

  • rule 30.3 is amended to remove a spent reference to the Judicature Amendment Act 1972:

  • Schedule 1 is amended to revoke 3 forms associated with the High Court Commercial List, which has now been dissolved and replaced with the Commercial Panel:

  • Schedule 2 is replaced with a new schedule, which provides for increased daily recovery rates. The daily recovery rate for category 1 proceedings is increased from $1,480 to $1,590. The daily recovery rate for category 2 proceedings is increased from $2,230 to $2,390. The daily recovery rate for category 3 proceedings is increased from $3,300 to $3,530:

  • Schedule 3 is amended in relation to the time allocations for a number of steps in general civil proceedings. The effect of the amendments is to differentiate between time allocations for affidavit hearings and witness hearings. The amendments are intended to relate the allocations more closely to the length of the hearing and provide a separate allocation for the preparation of the common bundle:

  • Schedule 5 is amended to provide for 2 additional factors for consideration at case management conferences. The first is whether expert witnesses should conference and the manner in which expert evidence is to be given (ie, in the normal course of a party’s case, consecutively, or by way of panel). The second is whether an electronic common bundle and/or electronic casebook is to be prepared.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 July 2019.

These rules are administered by the Ministry of Justice.