High Court Amendment Rules 2020

2020/125

Coat of Arms of New Zealand

High 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 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 2020.

2 Commencement

These rules come into force on 24 July 2020.

3 Principal rules

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

4 Rule 5.36 amended (Authority to file documents)

In rule 5.36(1)(b), replace “as a solicitor or as a barrister and solicitor” with “as a barrister or as a barrister and solicitor”.

5 Rule 5.40 amended (Change of representation or address for service)

After rule 5.40(1), insert:

(1A)

However, a party who has acted in person in a proceeding without a solicitor on the record is not required to file and serve a notice of change of representation if that party wishes to continue to act in person but appoints a lawyer for a limited purpose (other than to file documents in the proceeding). For example, a party may appoint a lawyer to act as the party’s advocate in a hearing or to give assistance in drafting, settling, or revising documents for filing in a proceeding.

6 Rule 7.4 replaced (Further case management conferences)

Replace rule 7.4 with:

7.4 Further case management conferences

(1)

The Judge at the first case management conference of any defended proceeding may require a further case management conference or order one on the application of a party.

(2)

The agenda for a conference under this rule—

(a)

will be set out in the order directing the conference, but a party may add a further matter or matters (if practicable, giving advance notice to the other parties); and

(b)

will include or adapt the Schedule 5 matters; and

(c)

may prescribe steps to be taken in preparation for the conference.

(3)

The parties must file either a joint memorandum or separate memoranda addressing the matters in subclause (2).

(4)

A joint memorandum under subclause (3) must be filed not later than 10 working days before the conference.

(5)

The following provisions apply if each party files a separate memorandum under subclause (3):

(a)

the plaintiff must, not later than 10 working days before the conference, file and serve the first memorandum stating the plaintiff’s position on each of the matters in subclause (2):

(b)

each other party must, not later than 5 working days after the plaintiff serves the first memorandum, file and serve a memorandum stating—

(i)

whether the party agrees or disagrees with the plaintiff’s position on each matter; and

(ii)

in each case where the party disagrees, the reasons for disagreeing and the different position that the party contends for on the matter.

(6)

Rule 7.3(5) to (8) applies to any memorandum filed under subclause (3), with any necessary modifications.

7 Rule 7.24 amended (Notice of opposition to application)

Replace rule 7.24(1) with:

(1)

A respondent who intends to oppose an application must file and serve on every other party a notice of opposition to the application—

(a)

before the end of the tenth working day after being served with the application; and

(b)

no less than 3 working days before the hearing date.

8 Rule 7.39 amended (Synopsis of argument)

Replace rule 7.39(2) with:

(2)

The applicant must file and serve a synopsis of argument (a synopsis) on every other party at least 2 working days before the hearing of the interlocutory application.

9 Rule 7.52 amended (Limitation as to second interlocutory application)

After rule 7.52(2), insert:

(3)

This rule does not apply to a second interlocutory application for summary judgment, in which case rule 12.4(2AA) applies.

10 Rule 8.17 amended (Variation of discovery order)

In rule 8.17(1), replace “rule 7.18” with “rule 7.7”.

11 Rule 12.4 amended (Interlocutory application for summary judgment)

After rule 12.4(2), insert:

(2AA)

The court may grant leave in respect of a second or subsequent application for summary judgment in the same proceeding if special circumstances exist.

12 Rule 14.12 amended (Disbursements)

In rule 14.12(1), revoke the definition of relevant issue.

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 24 July 2020, amend the High Court Rules 2016 (the principal rules) as follows:

  • rule 5.36, which provides for the authority required to file documents, is amended to correct an error. The current reference to “a solicitor or barrister and solicitor” should be a reference to “a barrister or barrister and solicitor”:

  • rule 5.40, which requires notice to be given if a party has a change in representation, is amended to provide that a litigant in person is not required to file a notice of change in representation if they appoint a lawyer for a limited purpose:

  • rule 7.4, which relates to the procedure for further case management conferences, is amended to provide for the procedure where parties file separate memoranda for a further case management conference:

  • rules 7.24 and 7.39 are amended to provide that filing and service of a notice of opposition must be at least 3 working days before the hearing date and the applicant’s synopsis of submissions must be filed and served at least 2 working days before the hearing date:

  • rules 7.52 and 12.4, which together provide for limitations on applications for second interlocutory applications for summary judgment, are amended to provide the court with an additional power to grant leave in respect of a second or subsequent interlocutory application for summary judgment in the same proceeding if special circumstances exist:

  • rule 8.17, which relates to variation of discovery order, is amended to update a reference. Rule 8.17 is currently subject to rule 7.18. However, this rule has been revoked and is largely replicated in rule 7.7:

  • rule 14.12, which relates to disbursements, is amended to revoke the definition of relevant issue, as that term does not appear in rule 14.12.

Issued under the authority of the Legislation Act 2019.

Date of notification in the Gazette: 25 June 2020.

These rules are administered by the Ministry of Justice.