(1) These rules shall be deemed part of the District Courts Rules 1948.

(2) Where the Insolvency Act or these rules provide for an application to the Court and no form of application or no form of procedure is prescribed, the provisions of the District Courts Rules 1948 and the general practice of the Court shall apply.

(3) These rules shall be so construed as to secure the just, speedy, and inexpensive determination of any proceedings.

(1) Where any form in Schedule 1 hereto is prescribed or authorised to be used, such variations may be made therein as the circumstances of any particular case may require.

(2) Every notice, order, or other document issued out of a Court pursuant to Part 16 of the Insolvency Act or these rules shall be signed by a District Court Judge or the Registrar

(3) All documents relating to summary instalment orders shall be intituled in the manner shown in form 1.

The Registrar of every Court shall keep a record book in form 2, in which book shall be entered particulars of every application for a summary instalment order and the result of every such application.

Where by these rules, the time for doing any act or thing is limited, the Court may on application extend the time, either before or after the expiration thereof, upon such terms and conditions (if any) as it thinks fit.

An application by a debtor for a summary instalment order shall be in form 3 and shall be accompanied by a statement of the affairs of the debtor in form 4 verified by statutory declaration.

(1) When an application by a debtor is filed, the Registrar shall appoint a day for the hearing of the application by the Court, and shall send a notice in form 7 to all creditors listed by the debtor of the time and place of the hearing.

(2) The Registrar shall also send to the debtor notice of the time and place of hearing in form 8.

An application by a creditor for a summary instalment order shall be in form 5, and shall be filed in duplicate.

A copy of the application together with a notice in form 6 and a copy of form 4 shall be served on the debtor calling upon him to file in the Court within 14 days of the date of the notice a statement of his affairs in form 4, verified by statutory declaration.

(1) If the debtor fails to file within the prescribed time the statement required by rule 10 hereof the applicant may apply to the Court for a summons in form 9 calling upon the debtor to appear and be examined on oath as to the facts relevant to the application.

(2) The summons shall be served personally on the debtor and the person effecting service shall at the time of service pay or tender to the person served the sum estimated to be payable to him for allowances and travelling expenses, but not fees, pursuant to the Witnesses and Interpreters Fees Regulations 1974:

Provided that no such allowances and expenses shall be payable unless the sum so estimated exceeds 50 cents.

(3) If the debtor fails to attend and no just excuse is offered for his failure, the Court, if satisfied that the summons was duly served on him and that the allowances and expenses payable under subclause (2) hereof were paid or tendered to him, may issue a warrant in form 10 for his attendance at the hearing.

(4) The provisions of subclauses (7) to (18) of rule 198 the District Courts Rules 1948 shall, with the necessary modifications, apply to an examination under this rule.

A creditor making an application for an order may, within 1 month of the making of an order or within such further time as the Court may allow, apply to the Court for taxation of his costs as prescribed by rule 33 hereof and a certificate of costs which the Registrar of the Court may give in form 11. A copy of any such certificate shall be sent by the Registrar to the supervisor or, if no supervisor is appointed, to the debtor.

Upon the debtor filing a statement of his affairs the Registrar shall take the action required by rule 8 hereof as in the case of an application by a debtor:

Provided that the notice to the debtor of the time and place of hearing shall be served personally on him and the person effecting service shall at the time of service pay or tender to the person served allowances and travelling expenses as provided in rule 11 hereof.

(1) At any time between the filing and the hearing of an application for a summary instalment order the Court in which the application is filed may suspend proceedings on any judgment or order of that Court against the debtor, or on any execution, judgment summons, or order of committal issued against the property or person of the debtor in respect of any debt included in the debtor's list of creditors whether issued by the Court in which the application is filed, or issued by any other District Court and sent for execution to the Court in which the application is filed.

(2) Any other Court in which a judgment or order has been obtained against the debtor, or from which an execution or order of committal was issued against the debtor, or to which an execution or order of committal issued by any other District Court has been sent for execution, may in like manner, on proof that an application for a summary instalment order in respect of his debts has been filed, suspend proceedings on the judgment, order, execution or order of committal.

(3) If in any such case the bailiff is in possession under a warrant of execution, the Court may on application order the bailiff to withdraw from possession until after the hearing of the application for a summary instalment order.

(4) A District Court Judge may, if he thinks fit, on application by the bailiff made in accordance with rule 282 of the District Courts Rules 1948 make an order for payment by the execution creditor to the bailiff of any possession fees or expenses incurred by the bailiff which are not recovered out of the money (if any) received under the execution.

(5) Where proceedings are suspended under this rule, costs already incurred by the creditor or ordered to be paid under subclause (4) hereof shall form part of the debt due to the creditor unless the Court otherwise orders.

(6) An order suspending proceedings shall be in form 12.

(7) Where a stay or suspension is requested under section 148 of the Insolvency Act or this rule in respect of proceedings taken in a Court other than that in which the application is filed, the Registrar of the Court in which the application is filed shall on the request of the debtor issue to him a certificate in form 13.

(8) Any warrant suspended or stayed under this rule or section 148 of the Insolvency Act may, subject to that section, be reissued with the leave of the Court and upon such conditions as the Court thinks just.

(9) While any proceedings are suspended under subclause (1) or subclause (2) of this rule the debtor shall not sell, assign, charge, pledge, or dispose of his property or any part thereof without the prior consent of the Court.

(10) Where proceedings are suspended or stayed under this rule or under section 148 of the Insolvency Act any money received under any process by any Registrar shall be dealt with as follows:

• (a) If a summary instalment order is made in the Court receiving the money, such money shall be dealt with as that Court shall direct:

• (b) If a summary instalment order is made in any other Court, such money shall be paid by the Registrar of the Court receiving the money to the Registrar of the Court in which the summary instalment order is made and the last-mentioned Registrar shall deal with the money as the Court directs.

Any creditor who desires to object at the hearing of the application to the making of an order or, where the debtor is the applicant, to any part of the debtor's proposal, may give written notice of his objection to the Registrar and the debtor and the applicant creditor (if any) not less than 3 clear days before the day appointed for the hearing of the application, and shall state the grounds of his objection. The notice may be in the form of a letter.

Upon the application coming before the Court for hearing—

• (a) The debtor shall attend in person unless the Court otherwise directs, and he may be heard on any matter affecting the application, and may also be examined on oath by any person who has a right to be heard, and shall answer all questions put to him and allowed by the Court:

• (b) The debtor shall bring with him to Court all books of account and other documents relating to his debts:

• (c) If the debtor fails to attend and no just excuse is offered for his failure, the Court, if satisfied that the notice was duly served on him and that the allowances and expenses payable under rule 13 hereof were paid or tendered to him, may issue a warrant in form 10 for his attendance at the hearing:

• (d) Any person who satisfies the Court that he is a creditor, whether or not he has received a notice of the application, may attend the hearing and be heard on the application together with such witnesses as he may call:

• (e) Where the applicant is a creditor who resides or carries on business more than 30 miles from the Court in which the application is to be heard, evidence by affidavit shall be admissible on his behalf in accordance with the District Courts Rules 1948 and if the applicant does not appear at the hearing and an affidavit has been lodged he shall be deemed to have appeared at the hearing and to have tendered the evidence in the affidavit:

• (f) The Court may, if the evidence tendered is insufficient to enable it to assess the merits of the application or the ability of the debtor to comply with any proposal made or for other cause, adjourn the hearing of the application for an inquiry and report from a suitable person:

• (g) The Court may appoint the Registrar as supervisor if no other person is willing to act.

On the making of an order, an order in form 14 shall be drawn up, and a copy shall be served on the debtor and sent to any supervisor appointed by the Court. A notice in form 15 of the making of the order shall be sent to all known creditors (including those whose debts are in dispute) by the supervisor or by the Registrar if no supervisor is appointed.

(1) Any bond required by the Court under Part 16 of the Insolvency Act shall be in form 16 and shall, unless the Court otherwise directs, be given to the Registrar to enure for the benefit of the Registrar for the time being.

(2) Every such bond shall be:

• (a) Given at the expense of the person giving it; and

• (b) Lodged with the Registrar before the supervisor enters upon his duties.

Every person appointed a supervisor shall be bound to undertake and perform diligently the duties of a supervisor in terms of the order and of the Insolvency Act and of these rules until the order made by the Court is set aside, rescinded, or discharged or until he resigns with the leave of the Court.

(1) Every creditor shall within 14 days of the making of an order lodge a proof of debt in form 17 and shall, if called upon, at his own expense prove his debt to the satisfaction of the supervisor.

(2) On the receipt of a proof of debt the supervisor shall consider it and note on the proof of debt form whether he admits or rejects the claim (either wholly or in part) and the date of his decision.

(3) Notice of the rejection of a claim (either wholly or in part) shall be given forthwith by the supervisor to the creditor in form 18.

(4) Any objection by a creditor to the acceptance or rejection of a claim (either wholly or in part) by the supervisor shall be filed within 21 days of the rejection or acceptance of the proof. Notice of every such application shall be served on the supervisor and the debtor, and, if applicable, the creditor whose claim is being objected to, and the debtor shall and the supervisor and the creditor may appear and be heard on the application.

(5) Every creditor who has lodged a proof shall be entitled to see and examine the proofs of other creditors at all reasonable times.

(6) A creditor may with leave of the supervisor from time to time amend his proof by submitting a fresh proof of debt in form 17.

Forthwith after the making of an order without the appointment of a supervisor, the Registrar shall send to creditors notice in form 15. The Registrar shall consider all proofs of debt submitted and shall take the action required by a supervisor by rule 20 hereof in relation thereto.

(1) If, after a summary instalment order has been made, any person claims that the debtor has incurred liability to him before the making of the order, and that the amount due to him has not been included in the administration due to no fault on his part, he may send to the supervisor, or to the Registrar of the Court in which the order was made if no supervisor has been appointed, proof of debt in form 17 and, if the supervisor or the Registrar accepts the proof, the debt may be included in the administration of the estate of the debtor. If the proof of debt is not so accepted, the creditor may apply to the Court for a direction in relation thereto.

(2) Any person who, after the making of an order, becomes a creditor of the debtor, may send to the supervisor, or if no supervisor has been appointed, to the Registrar, a proof of debt in form 17. If the supervisor or Registrar accepts the proof, the person so applying may in terms of the Insolvency Act be included as a creditor in the administration of the estate of the debtor, but shall not be entitled to any dividend under the order until the creditors included in the administration as having been creditors before the making of the order have been paid. If the proof of debt is not accepted by the supervisor or Registrar, the creditor may apply to the Court for a direction in relation thereto.

(3) If the amount of any debt proved under subclause (1) or subclause (2) of this rule is such that its inclusion in the administration may appreciably affect the performance of the order the supervisor or, if no supervisor has been appointed, the debtor shall apply to the Court for a variation of the terms of the order.

(4) Any creditor whose proof of debt is admitted late under subclause (1) of this rule, shall be entitled to participate in dividends payable after the date of admission of his debt but he shall not be entitled to disturb the distribution of any dividend declared before he proved his debt.

(1) Unless the Court otherwise directs pursuant to subclause (6) of this rule, all money paid to a supervisor under an order shall be paid into a bank to the credit of an account opened in the name of the debtor, the supervisor, and such other person (if any) as the supervisor considers desirable.

(2) All payments made out of the account shall be made by cheque.

(3) Unless otherwise provided in the order, payments to creditors shall be made every 2 months during the currency of the order.

(4) Notwithstanding the provisions of subclause (3) of this rule, where any dividend (other than a final dividend) payable to a creditor, is of a sum less than $2, the supervisor may if he thinks fit retain that and any subsequent dividend and accumulate those sums. When the accumulated sum equals or exceeds $2 the supervisor shall pay it to the creditor.

(5) Notwithstanding anything to the contrary in these rules, a supervisor may if he thinks fit liquidate any debt, the total amount of which payable to a creditor under the order is less than $5, in preference to other proved debts of greater amount.

(6) It shall not be necessary for a supervisor to comply with subclause (1) of this rule if the supervisor accounts for the money paid to him under the order in an alternative manner that is approved by the Court either generally or in any particular case. The Court shall not give its approval under this subclause unless it is satisfied that any debtor whose money is accounted for in the alternative manner will be receiving adequate training in handling his money and budgeting his income.

Remittances of dividends to creditors shall be accompanied by an advice note identifying the payment and the period to which it relates. Form 19 may be used.

(1) The debtor or any creditor included in the administration of the estate or the supervisor or the Registrar may apply to the Court for a discharge of the supervisor from his obligations under the order.

(2) If satisfied that the appointment of another supervisor is desirable, the Court may:

• (a) Discharge a supervisor from further obligations under the order on such conditions, whether as to the payment of money received by him or otherwise, as the Court may direct, including a requirement for the filing in the Court of a statement of account showing all amounts received and paid by the supervisor under the order and for the audit of accounts as provided by rule 26 hereof; and

• (b) Appoint as supervisor another suitable person who is willing to supervise the compliance of the debtor with the terms of the order.

(3) Where another supervisor has been appointed under this rule the order shall have effect as if the substituted supervisor were named therein.

(1) Within 1 month or such longer period as the Registrar may allow after a period of 6 months from the making of an order and at the end of every subsequent period of 6 months until the order is set aside or rescinded or discharged or its administration completed, the supervisor or, if no supervisor has been appointed, the debtor, shall file in the Court accounts, supported by a bank statement or other statement of account showing his receipts and payments during the previous period of 6 months.

(2) All accounts filed by a supervisor or debtor under this rule shall be inspected by the Registrar and may be audited at any time by any person whom the Registrar may appoint, and the supervisor or debtor shall for the purpose of the audit produce to the auditor appointed all books of account, documents, and papers relating to the administration of the affairs of the debtor.

(3) The costs of the audit shall be deemed part of the costs of administration payable by the debtor.

A direction to an employer to pay a debtor's salary or wages to a supervisor shall be in form 20. The direction shall be served upon the employer either personally or by leaving it at or sending it by registered post addressed to the employer at his place of residence or business or at any of his places of business.

(1) Every application under subsection (13) or subsection (14) of section 146 of the Insolvency Act shall be made on notice, but it shall not be necessary to serve the application on the creditors unless the Court so directs. Rule 143 of the District Courts Rules 1948 shall be read subject to the provisions of this subclause.

(2) The supervisor or, if no supervisor has been appointed, the Registrar, shall give notice in form 21 to all creditors of any variation made by the Court in the order or of the setting aside, rescission, or discharge of the order.

Where a debtor has filed an application for a summary instalment order and the Court has refused to make such an order, or where such an order (whether made on the debtor's application or on the application of a creditor) has been set aside or rescinded or discharged, no person may make another application in any Court for such an order within 6 months thereafter without first obtaining the leave of the Court in which the order was refused, set aside, rescinded, or discharged.

If the debtor wilfully fails to comply with the terms of an order made against him, the supervisor shall notify the Registrar and all creditors.

Upon the failure of a debtor to make any payment in accordance with the terms of a summary instalment order, the debtor or supervisor may apply to the Court for an order that all proceedings stayed under section 148 of the Insolvency Act be not resumed or commenced, and that order shall have like effect as a stay of proceedings under the said section 148.

(1) After the debtor has met all his obligations under any order or where the order has been set aside, rescinded, or discharged, the supervisor, or the debtor if no supervisor has been appointed, shall, not later than 1 month after the debtor has paid the final instalment due under the order or the order has been set aside, rescinded, or discharged, as the case may be, file in the Court a notice in form 22 that the administration is complete or terminated. The notice shall be accompanied by a statement of account supported by a bank statement or other statement of account showing all amounts received and paid under the order. If the Registrar so directs the accounts shall be audited by a person appointed by him as required by rule 26 hereof.

(2) Any money paid under an order and remaining unclaimed on the completion of the administration of the order shall be paid into Court to be held by the Registrar in his Trust Account and disposed of in terms of the Public Finance Act 1977 or any regulations or instructions made thereunder.

(1) The fees of Court to be taken in respect of proceedings under Part 16 of the Insolvency Act or these rules shall be those specified in Schedule 2 hereto.

(1A) Subclause (1) is subject to rules 33A and 33B.

(2) A supervisor may, if he so desires, charge the fees prescribed in Schedule 2 hereto to defray the costs of administering the order including his own expenses.

(3) For the purposes of section 149(1) of the Insolvency Act and rule 12 hereof the costs allowable to a creditor shall include all disbursements for fees of Court, witnesses' fees, expenses, and allowances and other necessary payments together with solicitors' costs on the appropriate scale prescribed in Schedule 2 hereto.

(4) The Court may in its discretion disallow the whole or any part of any costs.

(1) A person (the applicant) otherwise responsible for the payment of a fee required in connection with a proceeding or an intended proceeding may apply to a Registrar for a waiver of the fee.

(2) The Registrar may waive the fee payable by the applicant if satisfied,—

• (a) on the basis of 1 of the criteria specified in subclause (3), that the applicant is unable to pay the fee; or

• (b) that the proceeding,—

  • (i) on the basis of 1 of the criteria specified in subclause (4), concerns a matter of genuine public interest; and

  • (ii) is unlikely to be commenced or continued unless the fee is waived.

(3) For the purposes of these rules, an applicant is unable to pay the fee sought to be waived if—

• (a) the applicant has been granted legal aid in respect of the matter for which the fee is payable; or

• (b) the applicant has not been granted legal aid in respect of the matter for which the fee is payable and the applicant—

  • (i) is dependent for the payment of his or her living expenses on a benefit of a kind specified in any of paragraphs (a) to (e), (h), and (j) of the definition of income-tested benefit in section 3(1) of the Social Security Act 1964; or

  • (ii) is wholly dependent for the payment of his or her living expenses on New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001 or a veteran's pension under the War Pensions Act 1954; or

  • (iii) would otherwise suffer undue financial hardship if he or she paid the fee.

(4) For the purposes of these rules, a proceeding that concerns a matter of genuine public interest is—

• (a) a proceeding that has been or is intended to be commenced to determine a question of law that is of significant interest to the public or to a substantial section of the public; or

• (b) a proceeding that—

  • (i) raises issues of significant interest to the public or to a substantial section of the public; and

  • (ii) has been or is intended to be commenced by an organisation that, by its governing enactment, constitution, or rules, is expressly or by necessary implication required to promote matters in the public interest.

(5) An application under subclause (1) must be made in a form approved for the purpose by the Secretary for Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

(1) A Registrar may, on application by a person who is awaiting the determination of an application under rule 33A or section 123A of the District Courts Act 1947, postpone the payment of the fee to which the application relates until the date on which the person is notified of the determination.

(2) A Registrar may exercise the power under subclause (1) if satisfied that the person awaiting the determination of his or her application would be prejudiced if the matter to which the fee relates did not proceed before the determination.

(3) An application under subclause (1) must be made in a form approved for the purpose by the Secretary for Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

(1) This rule applies to a fee (the fee) that has been postponed under rule 33B.

(2) If the effect of a determination under rule 33B or section 123A of the District Courts Act 1947 is that the fee is not to be waived, the fee—

• (a) must be paid, without delay, to the Registrar; and

• (b) is recoverable as a debt due to the Crown in any court of competent jurisdiction.

(3) Following a determination that has the effect referred to in subclause (2), the person responsible for paying the fee may not take a step in the proceeding to which the fee relates unless the fee is paid.

(4) This rule has effect subject to rule 33B during any period that the question of the waiver of the fee is the subject of a pending application under section 123A of the District Courts Act 1947.

(1) A Registrar may, on application made to him or her, refund a fee that has already been paid if satisfied that—

• (a) no application, under rule 33A, for a waiver of the fee was made; and

• (b) the fee would have been waived, in accordance with rule 33A, had that application been made; and

• (c) the criteria that would have justified that waiver still apply at the date of the application for the refund.

(2) An application under subclause (1) must be made in a form approved for the purpose by the Secretary for Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

(1) Subject to the provisions of these rules, where in any proceedings under Part 16 of the Insolvency Act or these rules any summons, notice, or other document is required to be served on any person, service shall be personal service in accordance with rule 85 of the District Courts Rules 1948.

(2) Subject to the provisions of these rules, any notice or other document required or authorised by Part 16 of the Insolvency Act or these rules to be sent or given to any person may be sent or given by leaving it at or by sending it by prepaid letter post to—

• (a) In the case of the Registrar, the office of the Court; and

• (b) In any other case, the address for service, or, if there is no address for service, at the person's last known or usual place of abode.

(3) A notice or document sent by post in accordance with subclause (2) of this rule shall be deemed to have been given at the time at which the letter would have been delivered in the ordinary course of post.