“DCRs means rules of the District Courts Rules 2009

“HCRs or High Court Rules means the rules from time to time set out in Schedule 2 of the Judicature Act 1908 (as amended from time to time)

“Registrar's list date, in relation to a Registrar's list, means the date on which applications entered on that list will next be reviewed by the Registrar”.

“working day, in relation to a Court, means a day on which the Court office is not closed under DCR 1.19 or 1.21 (and DCR 1.17 applies accordingly).”

• “(1) A Registrar who accepts for filing an application on notice must immediately either—

  • “(a) enter the application on a Registrar's list and assign it a Registrar's list date; or

  • “(b) fix a date and time for the hearing of the application.

• “(2) A Registrar must then promptly—

  • “(a) inform the applicant and respondent of—

    • “(i) the Registrar's list date assigned under subclause (1)(a); or

    • “(ii) the date and time fixed for the hearing of the application under subclause (1)(b); and

  • “(b) complete, for each person required or intended to be served with the application, a copy of any notice to respondent or similar notice (set out in Schedules 2 to 9) indicating that the application has been made and how, in general terms, it may be responded to or defended; and

  • “(c) issue for service on (that is, in general terms, make ready and complete for delivering to) each person of that kind a copy of the documents specified in subclause (3).”

• “(4) Subclauses (2) and (3) do not apply where the Registrar accepts for filing an application on notice for a separation order made under section 20 of the Family Proceedings Act 1980 (see instead rules 341 and 342).”

“46 Forms for entering appearance

• “(1) Form G 22 (set out in Schedule 1) may be used for the purpose of entering an appearance under rule 43.

  “(2) Form G 23 (set out in Schedule 1) may be used for the purpose of entering an appearance under rule 44.

  “(3) Form G 24 (set out in Schedule 1) may be used for the purpose of entering an appearance under rule 45.”

• “(2) The Judge may at any time before or during the hearing of an application, either on his or her own initiative or on an interlocutory application for the purpose by a party, direct the Registrar to arrange for—

  • “(a) a judicial conference to be convened under rule 174; or

  • “(b) a settlement conference to be convened under rule 178.

• “(2A) A direction may be made under subclause (2)—

  • “(a) on such terms as the Judge thinks fit; and

  • “(b) whether or not a conference referred to in subclause (1) has been convened.”

“113 Personal service: District Courts Rules 2009 apply

• The following DCRs apply, so far as applicable and with all necessary modifications, to proceedings in a Court:

  • “(a) 3.44.12, which applies HCR 6.12—personal service on New Zealand corporations:

  • “(b) 3.44.13, which applies HCR 6.13—personal service in New Zealand on foreign corporations:

  • “(c) 3.44.14, which applies HCR 6.14—personal service on unincorporated societies:

  • “(d) 3.44.15, which applies HCR 6.15—personal service on partnership or apparent partnership:

  • “(e) 3.44.16, which applies HCR 6.16—personal service on attorney or agent of absentee.”

“130 Service on absentee: District Courts Rules 2009 apply

• “(1) The DCRs set out in subclause (2) apply, so far as applicable and with all necessary modifications, to proceedings in a Court under any of the Acts specified in subclause (3).

  “(2) The DCRs referred to in subclause (1) are—

  • “(a) 3.44.21, which applies HCR 6.27—when (service out of New Zealand) allowed without leave:

  • “(b) 3.44.22, which applies HCR 6.28—when (service out of New Zealand) allowed with leave:

  • “(c) 3.44.25, which applies HCR 6.31—notice to defendant served outside New Zealand.

  “(3) The Acts referred to in subclause (1) are—

  • “(a) Adoption Act 1955:

  • “(b) Births, Deaths, Marriages, and Relationships Registration Act 1995:

  • “(c) Child Support Act 1991:

  • “(d) Children, Young Persons, and Their Families Act 1989:

  • “(e) Domestic Actions Act 1975:

  • “(f) Domestic Violence Act 1995:

  • “(g) Family Protection Act 1955:

  • “(h) Law Reform (Testamentary Promises) Act 1949:

  • “(i) Marriage Act 1955:

  • “(j) Property (Relationships) Act 1976:

  • “(k) Protection of Personal and Property Rights Act 1988.

  “(4) DCR 3.44.28 (which applies HCR 6.34 relating to service in convention countries) applies, so far as applicable and with all necessary modifications, to proceedings in a Court under any of the following Acts:

  • “(a) Care of Children Act 2004:

  • “(b) Family Proceedings Act 1980:

  • “(c) those Acts listed in subclause (3)(a), (b), and (d) to (j).”

“Use of Māori language, translations, and sign language

“131 Māori and other languages: District Court Rules 2009 apply

• The following DCRs apply, so far as applicable and with all necessary modifications, to proceedings in a Court:

  • “(a) 3.5—speaking in Māori:

  • “(b) 3.6—translation of documents into te reo Māori:

  • “(c) 3.7—failure to give notice:

  • “(d) 3.8—translation may be ordered by court:

  • “(e) 3.10—sign language.”

“134 Change of parties: District Courts Rules 2009 apply

• “(1) The following DCRs apply, so far as applicable and with all necessary modifications, to proceedings in a Court:

  • “(a) 3.35.1, which applies HCR 4.49—proceeding not to come to end:

  • “(b) 3.35.2, which applies HCR 4.50—procedure on death, bankruptcy, and devolution:

  • “(c) 3.35.3, which applies HCR 4.51—devolution when proceeding pending:

  • “(d) 3.35.4, which applies HCR 4.52—new parties order:

  • “(e) 3.35.5, which applies HCR 4.53—discharge or variation of new parties order:

  • “(f) 3.35.6, which applies HCR 4.54—change of name.

  “(2) DCR 3.35.1 applies subject to section 52 of the District Courts Act 1947.”

“137 Interrogatories: District Courts Rules 2009 apply

• The following DCRs apply, so far as applicable and with all necessary modifications, to proceedings in a Court:

  • “(a) 3.58.1, which applies HCR 8.1—interrogatories by notice:

  • “(b) 3.58.2, which applies HCR 8.2—duties of party served:

  • “(c) 3.58.3, which applies HCR 8.3—limitation of interrogatories by notice:

  • “(d) 3.58.4, which applies HCR 8.4—multiple parties:

  • “(e) 3.58.5, which applies HCR 8.5—order to answer:

  • “(f) 3.58.6, which applies HCR 8.6—contents of statement:

  • “(g) 3.58.7, which applies HCR 8.7—objection to answer:

  • “(h) 3.58.8, which applies HCR 8.8—who may swear affidavit verifying statement in answer to interrogatories:

  • “(i) 3.58.9, which applies HCR 8.9—insufficient answer:

  • “(j) 3.58.10, which applies HCR 8.10—incorrect answer to be amended:

  • “(k) 3.58.11, which applies HCR 8.11—answers as evidence:

  • “(l) 3.58.12, which applies HCR 8.12—public interest.”

• “(1) The following DCRs apply, so far as applicable and with all necessary modifications, to proceedings in a Court:

  • “(a) 3.24—order for examination of witness:

  • “(b) 3.25—examination of witnesses:

  • “(c) 3.26—objection to question:

  • “(d) 3.27—refusal to attend and be sworn:

  • “(e) 3.28—costs:

  • “(f) 3.29—failure to appear:

  • “(g) 3.30—deposition as evidence.

• “(2) In applying DCRs 3.24 and 3.25 in accordance with subclause (1), the reference in DCR 3.24.4 to a witness summons under DCR 12.2 must be read as a reference to a witness summons under DCR 50.”

• “(1) The following DCRs apply, so far as applicable and with all necessary modifications:

  • “(a) 3.70.11, which applies HCR 9.86—authority to take affidavits in places outside New Zealand:

  • “(b) 3.70.12, which applies HCR 9.87—meaning of authenticated deposition:

  • “(c) 3.70.13, which applies HCR 9.88—admissibility of authenticated desposition.”

“Evidence in trans-Tasman proceedings”.

“173 Interpretation

• In rules 173A to 173E, unless the context otherwise requires, terms that are defined in the Evidence Act 2006 have the meanings given to them by that Act.

“173A Leave to serve New Zealand subpoena on witness in Australia

• Leave to issue a subpoena for service on a witness in Australia must be obtained from the High Court (section 154 of the Evidence Act 2006 and HCR 9.60).

“173B Issue of subpoenas for service in Australia

• “(1) A subpoena issued by the Court for service on a witness in Australia that requires the witness to testify, whether or not it also requires the witness to produce documents or things, must be in form G 25 (set out in Schedule 1).

  “(2) A subpoena issued by the Court for service on a witness in Australia that requires the witness to produce documents or things, but does not require the witness to testify, must be in form G 26 (set out in Schedule 1).

  “(3) A subpoena referred to in subclause (1) or (2) may be obtained in the same manner and subject to the same conditions as a witness summons under rule 50.

“173C Service of subpoena on witness in Australia

• Every statement that, in accordance with section 156 of the Evidence Act 2006, is required to accompany a subpoena that is served on a witness in Australia must be in form G 27 (set out in Schedule 1).

“173D Failure to comply with subpoena

• A certificate under section 161 of the Evidence Act 2006 must be in form G 28 (set out in Schedule 1).

“173E Evidence and submissions by video link and telephone conference: District Courts Rules 2009 apply

• DCR 12.4.5 (which applies HCR 9.67 relating to evidence and submissions by video link and telephone conference) applies, so far as applicable with all necessary modifications, to proceedings in a Court.”

“174 Judge may direct that judicial conference be held

• To ensure that an application is determined as fairly, inexpensively, simply, and speedily as is consistent with justice, a Judge may direct that a judicial conference be held.

“175 Judicial conference: nature and purpose

• “(1) Every judicial conference is presided over by a Judge.

  “(2) The purpose of a judicial conference is to enable a Judge to make any orders and give any directions that the Judge considers—

  • “(a) are consistent with the purpose and spirit of the family law Act under which the proceedings arise; and

  • “(b) are necessary to ensure that an application is determined as fairly, inexpensively, simply, and speedily as is consistent with justice.

“175A Judicial conference: how convened

• “(1) A Registrar must convene a judicial conference if directed to do so by a Judge under rule 52(2)(a).

  “(2) A Registrar may convene a judicial conference on his or her own initiative at any time before the hearing of an application if he or she considers it in the best interests of one or more of the parties to do so.

“175B Judicial conference: who may attend

• “(1) The Registrar must give notice of the date, time, and place of the judicial conference to the parties to the application.

  “(2) If a lawyer is acting for a party,—

  • “(a) notice of the date, time, and place of the judicial conference may be given to the party's lawyer; and

  • “(b) notice to a party's lawyer is to be treated as notice to the party.

  “(3) A party, or his or her lawyer, may be required to attend the judicial conference.

  “(4) A party who is required to attend a judicial conference may arrange for his or her lawyer to attend with him or her.

“175C Judicial conference: adjournment

• The Judge presiding over a judicial conference may adjourn the judicial conference at any time and to any place.

“175D Judicial conference: orders and directions pending determination of application

• “(1) At a judicial conference, the presiding Judge may, pending determination of an application, make any orders and directions that the Judge is empowered to make by—

  • “(a) the family law Act under which the proceedings arise; and

  • “(b) these rules.

  “(2) Without limiting the generality of subclause (1), the Judge may do any of the following:

  • “(a) settle the issues to be determined at the hearing:

  • “(b) direct that a person be joined as a party to the application, or that the name of a party be joined or struck out:

  • “(c) direct which parties are to be served:

  • “(d) direct a person to file an affidavit or other document within a specified time:

  • “(e) require a party to make an admission in respect of a question of fact and, if the party refuses or fails to make an admission of that kind, require that the party (subject to the direction of the Judge hearing the application) bear the costs of proving that question at the hearing:

  • “(f) reduce, extend, or fix a time for the filing of a document or the doing of some other thing:

  • “(g) require the provision of further or better particulars of any facts or other circumstances connected with the application:

  • “(h) require a party to make discovery, produce documents, or both:

  • “(i) permit a party to administer interrogatories:

  • “(j) with the consent of the parties, make an order for settlement relating to the application that has the same effect as if it were an order made under rule 179:

  • “(k) issue any warrant or summons:

  • “(l) fix a time and place for the hearing of the proceedings:

  • “(m) determine which witnesses may give oral evidence in support:

  • “(n) if the proceedings relate to or include an application under the Property (Relationships) Act 1976,—

    • “(i) appoint a person under section 38(1) of that Act to make an inquiry into the matters of fact in issue between the parties, and to report on them to the Court; or

    • “(ii) make an order or issue a warrant or summons authorised by any of rules 397 to 402:

  • “(o) give any consequential directions the Judge considers necessary.

“175E Judicial conference: order determining application

• “(1) This rule applies when a party to the proceedings on whom service has not been dispensed with altogether—

  • “(a) has been served with the application; and

  • “(b) has been notified that he or she is required to attend a judicial conference; and

  • “(c) has failed to file and serve a notice of defence or notice of intention to appear—

    • “(i) within the time specified in or under rule 41; or

    • “(ii) at any time before the judicial conference; and

  • “(d) does not attend, or is not represented by his or her lawyer, at the judicial conference.

  “(2) At the judicial conference, the presiding Judge may proceed in accordance with rule 55(2), to hear the application. The judicial conference is then to be treated as the hearing of the application.”

• “(1) The purpose of a settlement conference is to settle the issues in dispute between the parties.

• “(2) A Registrar must convene a settlement conference if directed to do so by a Judge under rule 52(2)(b) and, in accordance with the direction, require any of the following persons to attend:

  • “(a) the parties to the application:

  • “(b) the lawyers representing the parties to the application.”

“207 Costs at discretion of Court

• “(1) The Court has discretion to determine the costs of—

  • “(a) any proceeding:

  • “(b) any step in a proceeding:

  • “(c) any matter incidental to a proceeding.

  “(2) In exercising that discretion, the Court may apply any or all of the following DCRs, so far as applicable and with all necessary modifications:

  • “(a) 4.2—principles applying to determination of costs:

  • “(b) 4.3—categorisation of proceedings:

  • “(c) 4.4—appropriate daily recovery rates:

  • “(d) 4.5—determination of reasonable time:

  • “(e) 4.6—increased costs and indemnity costs:

  • “(f) 4.7—refusal of, or reduction in, costs:

  • “(g) 4.8—costs in interlocutory applications:

  • “(h) 4.9—costs may be determined by different Judge:

  • “(i) 4.10—written offers without prejudice except as to costs:

  • “(j) 4.11—effect on costs:

  • “(k) 4.12—disbursements.

  “(3) This rule is subject to the provisions of the family law Act under which the proceedings are brought.

“207A Enforcement of order for costs

• An order for the payment of costs may be enforced in the same manner as an order of a District Court for the payment of money.

“207B Security for costs: District Courts Rules 2009 apply

• The following DCRs apply, so far as applicable and with all necessary modifications, to proceedings in a Court:

  • “(a) 4.20—power to make order for security for costs:

  • “(b) 4.21—how security to be given:

  • “(c) 4.22—solicitor not to be surety:

  • “(d) 4.23—surety becoming bankrupt or insolvent.”

“208 Funds in court

• The following DCRs apply, so far as applicable and with all necessary modifications, to a proceeding in a Court:

  • “(a) 3.32.1, which applies HCR 3.17—application for order:

  • “(b) 3.32.2, which applies HCR 3.18—powers of court in relation to application:

  • “(c) 3.32.3, which applies HCR 3.19—disposal of securities and income:

  • “(d) 3.32.4—no liability on the Crown.

“Inspection and testing

“208A Inspection and testing of property

• The following DCRs apply, so far as applicable and with all necessary modifications, to a proceeding in a Court:

  • “(a) 3.66.1, which applies HCR 9.34—order for inspection, etc:

  • “(b) 3.66.2, which applies HCR 9.35—notice of application.

“Interim preservation, etc, of property

“208B Interim preservation, etc, of property

• The following DCRs apply, so far as applicable and with all necessary modifications, to a proceeding in a Court:

  • “(a) 3.54.1, which applies HCR 7.55—preservation of property:

  • “(b) 3.54.2, which applies HCR 7.56—sale of perishable property before hearing:

  • “(c) 3.54.3, which applies HCR 7.57—order to transfer part of property to person with interest in property:

  • “(d) 3.54.4, which applies HCR 7.58—interim payment of income to person with interest in income.”

“214 Contempt of court: District Courts Rules 2009 apply

• DCR 16.6 and forms 105 and 106 of the District Courts Rules 2009 (which relate to contempt) apply, so far as applicable and with all necessary modifications, to a proceeding in a Court.”

“295A Judicial conference: orders and directions pending determination of application

• “(1) At a judicial conference, the presiding Judge may, pending determination of an application, make any orders and directions that the Judge is empowered to make by—

  • “(a) the Act; or

  • “(b) these rules.

  “(2) Without limiting the generality of subclause (1), the Judge may do any of the following:

  • “(a) make a direction under section 74 of the Act:

  • “(b) make an order that the Court is empowered to make under section 78, 88, or 92 of the Act:

  • “(c) make an order that the Court is empowered to make under section 127 of the Act in respect of an order, or any condition of an order, made under any of those sections referred to in paragraph (b):

  • “(d) ask the Registrar to convene a mediation conference under section 170 of the Act:

  • “(e) fix a date and time for the hearing of the application.

“295B Judicial conference: order determining application

• “(1) This rule applies where a party to the proceedings on whom service is not altogether dispensed with—

  • “(a) has been served personally with the application (proved in accordance with rule 127); and

  • “(b) has been notified that he or she is required to attend a judicial conference; and

  • “(c) has failed to file and serve a notice of intention to appear—

    • “(i) within the time specified in rule 291(2) or under rule 41(b); or

    • “(ii) at any time before the judicial conference; and

  • “(d) does not attend, or is not represented by his or her lawyer, at the judicial conference.

  “(2) At the judicial conference, the presiding Judge may proceed, in accordance with rule 55(2), to hear the application. The judicial conference is then to be treated as the hearing of the application.”

“324 Enforcement of occupation orders and tenancy orders: District Courts Rules 2009 apply

• The following DCRs apply, so far as applicable and with all necessary modifications, to proceedings in a Court:

  • “(a) 15.68—issue of warrant:

  • “(b) 15.69—form of warrant.”

“325 Enforcement of ancillary furniture orders and furniture orders: District Courts Rules 2009 apply

• DCR 15.64 (which relates to warrant for recovery of chattels) applies, so far as applicable and with all necessary modifications, to a proceeding in a Court.”

• “(2) The office is the office for the District Court of which the Court is a division.”

• “(4) The Registrar must keep the Court office open during the office hours stated in, or fixed under, DCR 1.22, and DCR 1.22.4 applies accordingly.”