High Court (Contempt of Court) Amendment Rules 2020

  • Corrections have been made to Schedules 2 and 3 on 6 July 2020 under section 25(1)(j)(iii) of the Legislation Act 2012.

2020/124

Coat of Arms of New Zealand

High Court (Contempt of Court) Amendment Rules 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 22nd day of June 2020

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 that Act (of whom at least 1 was a Judge of the High Court).

Rules

1 Title

These rules are the High Court (Contempt of Court) Amendment Rules 2020.

2 Commencement

These rules come into force on 26 August 2020.

3 Principal rules

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

4 Rule 7.48 amended (Enforcement of interlocutory order)

(1)

In rule 7.48(2)(d), replace “committed” with “fined, ordered to do community work, or committed to prison under section 16 of the Contempt of Court Act 2019”.

(2)

Replace rule 7.48(3) with:

(3)

An interlocutory order may only be enforced by the following (in accordance with subpart 4 of Part 2 of the Contempt of Court Act 2019):

(a)

an order imposing a fine or community work:

(b)

a warrant committing the person to prison:

(c)

a sequestration order.

5 Rule 7.65 amended (Default by receiver)

In rule 7.65(4), delete “or to punish contempt”.

6 Rule 8.33 replaced (Contempt of court)

Replace rule 8.33 with:

8.33 Enforcement of order

(1)

A discovery order or other order made under this subpart may be enforced under subpart 4 of Part 2 of the Contempt of Court Act 2019 against any person who is required to comply with that order.

(2)

This rule does not limit or affect any power or authority of the court to punish a person for not complying with a court order.

7 New subpart 7 of Part 10 inserted

After rule 10.26, insert:

Subpart 7—Disruptive behaviour

10.27 Disruptive behaviour relating to court proceedings

(1)

A warrant committing an offender to prison under section 11(5)(b)(i) of the Contempt of Court Act 2019 must be in form E 9A.

(2)

An order imposing a fine on an offender under section 11(5)(b)(ii) of that Act must be in form E 9B.

(3)

An order requiring an offender to do community work under section 11(5)(b)(iii) of that Act must be in form E 9C.

8 Rule 17.3 amended (Method of enforcing judgments)

After rule 17.3(1)(e), insert:

(ea)

a committal warrant, or an order imposing a fine or community work, made in accordance with subpart 4 of Part 2 of the Contempt of Court Act 2019:

9 Rule 17.12 amended (Order for examination)

Replace rule 17.12(6) with:

(6)

An order under this rule must contain a notice in the following terms:

“You must obey this order. If you do not, you may be arrested and brought before the court. The order may then be enforced against you under subpart 4 of Part 2 of the Contempt of Court Act 2019 and you may be fined, sent to prison, or ordered to do community work for not complying with the order of the court.”

10 Rule 17.18 amended (Failure to comply with order for examination)

Replace rule 17.18(4)(b) with:

(b)

if the examinee fails to comply with any term on which the arrest order is suspended, the examinee may be brought before a Judge so that the Judge may consider whether to impose a sanction under subpart 4 of Part 2 of the Contempt of Court Act 2019, which may result in the Judge imposing a fine, a term of imprisonment, or a period of community work on the examinee.

11 Rule 17.20 replaced (Discharge of arrest order)

Replace rule 17.20 with:

17.20 Discharge of arrest order

(1)

When an examinee is brought before a Judge on a warrant under rule 17.19(3), the Judge must discharge the arrest order unless the Judge is satisfied beyond reasonable doubt that the requirements of section 16(3)(b)(i) to (iii) of the Contempt of Court Act 2019 are met in respect of both—

(a)

the original order to attend court; and

(b)

the terms on which the arrest order was suspended.

(2)

If the Judge does not discharge the arrest order, the Judge may issue a warrant, impose a fine, or make an order under section 16(4) of the Contempt of Court Act 2019.

12 Rule 17.84 replaced (Power to issue arrest order)

Replace rule 17.84 with:

17.84 Power to issue arrest order

(1)

In this subpart, original court order has the same meaning as court order in subpart 4 of Part 2 of the Contempt of Court Act 2019.

(2)

Where an application has been made to the court to enforce an original court order by any person entitled to make an application under section 16(2) of the Contempt of Court Act 2019, a Judge may issue an order arresting the non-complying party if satisfied that the non-complying party has been served with an original court order and has not complied with it.

13 Rule 17.85 replaced (Power to commit to prison for disobedience)

Replace rule 17.85 with:

17.85 Court may impose sanctions for non-compliance with original court order

(1)

Where a party is brought before the court on an arrest order, the court may, if satisfied beyond reasonable doubt that the requirements of section 16(3)(b)(i) to (iii) of the Contempt of Court Act 2019 are met, impose a sanction under section 16(4) of that Act unless the party complies with the original court order.

(2)

A warrant committing a person to prison under section 16(4)(a)(i) of that Act must be in form E 9D.

(3)

An order imposing a fine on a person under section 16(4)(a)(ii) of that Act must be in form E 9E.

(4)

An order requiring a person to do community work under section 16(4)(a)(iii) of that Act must be in form E 9F.

(5)

A sequestration order issued under section 16(4)(b) of that Act must be in form E 10.

14 Rule 17.86 amended (Effect of sequestration order)

Replace rule 17.86(2)(a) with:

(a)

the party complies with the original court order or an order to pay money into court in the way specified in the order; or

15 Rule 17.87 amended (Power to issue sequestration order)

(1)

In the heading to rule 17.87, replace “Power to” with “Court may”.

(2)

Replace rule 17.87(1) with:

(1)

Where the court is satisfied beyond reasonable doubt that the requirements of section 16(3)(b)(i) to (iii) of the Contempt of Court Act 2019 have been met, the court may issue a sequestration order against the property of the non-complying party.

16 Rule 19.2 amended (Applications under certain enactments)

After rule 19.2(c), insert:

(ca)

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

17 Rule 25.18 replaced (Solicitor’s undertaking)

Replace rule 25.18 with:

25.18 Solicitor’s undertaking

A written undertaking by a solicitor to give security or to pay money into court instead of bail in an action in rem given by a solicitor on behalf of any person may be enforced under subpart 4 of Part 2 of the Contempt of Court Act 2019 if the solicitor fails to comply with that undertaking.

18 Rule 25.40 replaced (Contempt to move ship under arrest)

Replace rule 25.40 with:

25.40 Breach of court order to move ship under arrest

(1)

This rule applies to—

(a)

the master of a ship who has been given notice of the issue of a warrant of arrest of the ship:

(b)

any other person who has been given notice of the arrest of the ship.

(2)

It is a breach of an order of the court for the master or other person to move the ship from where it is lying without the consent of the Registrar, and enforcement action may be taken under subpart 4 of Part 2 of the Contempt of Court Act 2019 against any person who moves an arrested ship.

19 Schedule 1 amended

(1)

In Schedule 1, after form E 9, insert the forms E 9A to E 9F set out in Schedule 1 of these rules.

(2)

In Schedule 1, replace form E 10 with the form E 10 set out in Schedule 2 of these rules.

(3)

In Schedule 1, replace form AD 10 with the form AD 10 set out in Schedule 3 of these rules.

Schedule 1 New forms E 9A to E 9F inserted in Schedule 1

r 19(1)

Form E 9A Warrant of committal for disruptive behaviour relating to court proceedings

r 10 27(1)

Before the Honourable Justice [name, date]

To the Sheriff at [place], and to each and every constable in New Zealand, and to the manager of the [specify prison]] at [place]
1

On [date], [full name], the offender, wilfully disrupted the proceedings of the High Court at [place]/wilfully disobeyed an order or a direction of the court at [place]* and was ordered to stand committed for [period] to the prison at [place] for the offence.

*Select one.
2

This court therefore orders you, the Sheriff and others, to take [name] and to deliver that person to the manager of the prison, together with this warrant, and you, the manager, to receive [name] and to keep that person safely in the prison for [period of time] from the arrest under this warrant, or until that person is sooner discharged by order of this court.

Date:

Signature:

(High Court Judge)

Form E 9B Order for fine for disruptive behaviour relating to court proceedings

r 10.27(2)

Complete and insert the heading as set out in form G 1.

Before the Honourable Justice [name, date]

1

On [date], [full name], the offender, wilfully disrupted the proceedings of the High Court at [place]/wilfully disobeyed an order or a direction of the court at [place]*.

*Select one.
2

This court orders that [name] pay a fine of $[amount].

3

This court also orders that immediately on [date] [name] pay to the Registrar of this court the fine of $[amount].

Date:

Signature:

(Registrar/Deputy Registrar*)

*Select one.

Form E 9C Order for community work for disruptive behaviour relating to court proceedings

r 10.27(3)

Complete and insert the heading as set out in form G 1.

Before the Honourable Justice [name, date]

1

On [date], [full name], the offender, wilfully disrupted the proceedings of the High Court at [place]/wilfully disobeyed an order or a direction of the court at [place]*.

*Select one.
2

This court orders that [name] complete [period of time] of community work for the offence.

3

The starting date of the sentence is the date of this order.

4

This court also orders that [name] must report to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours after the start of the sentence of community work.

5

The offender must work as directed by the probation officer until the sentence is complete.

Date:

Signature:

(Registrar/Deputy Registrar*)

*Select one.

Form E 9D Warrant of committal for failing to comply with court order

r 17.85(2)

Before the Honourable Justice [name, date]

To the Sheriff at [place] and/a constable at [place]*
*Select one.

To the manager of the prison at [place]

1

On [date], this court ordered that [name] be committed to prison for failing to comply with an order of this court.

2

You, the bailiff/constable*, are therefore ordered to arrest [name] and safely convey and deliver that person to the manager of the prison at [place], and you, the manager, are ordered to receive [name] and keep that person safely in the prison for the term of [period of time] or until that person is sooner discharged by order of this court.

*Select one.

Date:

Signature:

(Registrar/Deputy Registrar*)

*Select one.

Form E 9E Order for fine for failing to comply with court order

r 17.85(3)

Complete and insert the heading as set out in form G 1.

Before the Honourable Justice [name, date]

To [full name] of [address]

1

At the sitting of the [specify court] at [place] on [date], you were ordered to pay a fine of $[amount] for failing to comply with an order of that court.

2

This court orders that you pay a fine of $[amount].

3

This court also orders that immediately on [date] you pay to the Registrar of this court the fine of $[amount].

Date:

Signature:

(Registrar/Deputy Registrar*)

*Select one.

Form E 9F Order for community work for failing to comply with court order

r 17.85(4)

Complete and insert the heading as set out in form G 1.

Before the Honourable Justice [name, date]

To [full name] of [address]

1

At the sitting of the [specify court] at [place] on [date], you were ordered to do [period of time] of community work for failing to comply with an order of the court.

2

The date on which the sentence is imposed is [date].

3

You must report in person to a probation officer in the probation area closest to you as soon as possible, and not later than 72 hours after the date on which the sentence is imposed.

Date:

Signature:

(Registrar/Deputy Registrar*)

*Select one.

Schedule 2 Form E 10 of Schedule 1 replaced

r 19(2)

Form E 10 Sequestration order

rr 17.85(5), 17.86(3)

Before the Honourable Justice [name, date]

To the Sheriff at [place]

This court orders that you are appointed sequestrator and authorised and required to enter and take possession of all the land and chattels of [name of liable party] (the liable party). The sequestrator must obtain the rents and profits from the property until—

(a)

the liable party complies with the original court order in the way specified in the original court order made at [place, date]; or

(b)

the court orders otherwise.

Date:

Signature:

(Registrar/Deputy Registrar*)

*Select one.

Schedule 3 Form AD 10 of Schedule 1 replaced

r 19(3)

Form AD 10 Notice by Registrar of arrest of property

r 25.38(1)

[Name of ship or property]

1

The ship named/property described* above is in custody or possession of the Registrar of the High Court of New Zealand under a warrant of arrest from this court.

*Select one.
2

A person who attempts to remove the property or interfere with it without the written authority of the Registrar, or of the Registrar’s officers or agents, will breach the order of the court.

Date:

Signature:

(Registrar/Deputy Registrar*)

*Select one.

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 come into force on 26 August 2020. They amend the High Court Rules 2016 (the principal rules) to give effect to provisions in the Contempt of Court Act 2019 (the Act). The amendments relate to the rules governing the procedures for enforcing court orders in subpart 4 of Part 2 of the Act.

The rules are amended as follows:

  • rule 7.48 is updated to reflect that the court has authority to enforce interlocutory orders under the Act and to make it clear that those orders must be made in accordance with subpart 4 of Part 2 of the Act:

  • rule 7.65 is amended to remove a reference to punishing contempt to align with the Act, which uses the term “enforcement”:

  • rule 8.33 is replaced to clarify that discovery orders or other orders made under subpart 1 of Part 8 of the principal rules are now enforceable under subpart 4 of Part 2 of the Act:

  • new subpart 7 of Part 10 is inserted, which contains new rule 10.27. The new rule provides for the following 3 new court forms:

    • new form E 9A (warrant of committal for disruptive behaviour relating to court proceedings):

    • new form E 9B (order for fine for disruptive behaviour relating to court proceedings):

    • new form E 9C (order for community work for disruptive behaviour relating to court proceedings):

  • rule 17.3 is amended to add committal warrants to the list of processes available to a Judge to enforce judgments. The amendment makes a clear separation between the arrest stage and committal to prison or imposition of any other penalty (eg, a fine or community work):

  • rule 17.12 is amended to update the warning at the end of an examination order to reflect the changes made to rules 17.3 and 17.18:

  • rule 17.18 is amended and rule 17.20 is replaced to reflect that a Judge’s authority to commit a person to prison now comes from the Act:

  • rule 17.84 is amended to give the Judge power to arrest and bring a person before the court. Rule 17.85 is replaced accordingly so that the Judge will then exercise jurisdiction under the Act when imposing any sanction. That rule provides for the following 3 new court forms:

    • new form E 9D (warrant of committal to prison for failing to comply with court order) under rule 17.85(2) (as amended):

    • new form E 9E (order for fine for failing to comply with court order) under rule 17.85(3) (as amended):

    • new form E 9F (order for community work for failing to comply with court order) under rule 17.85(4) (as amended):

  • rule 17.86 is amended to remove a reference to contempt of court and amend the wording in line with changes made to rule 17.87:

  • rule 17.87 is amended to reflect that, under the Act, the High Court may issue a sequestration order as a sanction on finding that the requirements of section 16(3)(b)(i) to (iii) of the Act have been met:

  • rule 19.2 is amended to provide that applications under section 16(2) of the Act must be made by originating application:

  • rule 25.18 is replaced to update the solicitor’s undertaking to refer to subpart 4 of Part 2 of the Act:

  • rule 25.40 is amended to update references to link to the Act:

  • Schedule 1 contains the forms provided for by new rules 10.27 and 17.85.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 25 June 2020.

These rules are administered by the Ministry of Justice.