District Courts (Case Management) Amendment Rules 2012: revoked, on 1 July 2014, pursuant to rule 22.1 of the District Courts Rules 2014 (LI 2014/179).

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 10th day of December 2012

Present:
His Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These rules are administered by the Ministry of Justice.

Pursuant to section 122 of the District Courts Act 1947, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Chief District Court Judge and at least 2 members of the Rules Committee established under section 51B of the Judicature Act 1908 (of whom at least 1 was a District Court Judge), makes the following rules.

Rules

1 Title

These rules are the District Courts (Case Management) Amendment Rules 2012.

2 Commencement

These rules come into force on 4 February 2013.

3 Principal rules

These rules amend the District Courts Rules 2009 (the principal rules).

4 Rule 3.44 amended (Service generally)

Replace rule 3.44.30 with:

3.44.30

HCR 15.11—overseas service cases.

5 Rule 3.49 replaced (Case management conferences)

Replace rule 3.49 with:

3.49 Case management conferences

3.49.1

HCR 7.2—case management conferences generally.

3.49.2

HCR 7.3 and Schedule 5—first case management conferences.

3.49.3

HCR 7.4—further case management conferences.

3.49.4

HCR 7.5—issues conferences.

3.49.5

HCR 7.8—pre-trial conferences.

3.49.6

HCR 7.9—cancellation of conference.

3.49.7

HCR 7.10—limitation of right of appeal.

6 Rule 3.50 revoked (Directions as to conduct of proceeding)

Revoke rule 3.50.

7 Rule 3.51 replaced (Allocation of hearing dates and setting down dates)

Replace rule 3.51 with:

3.51 Allocation of hearing dates and close of pleadings dates, and counsel assisting

3.51.1

HCR 7.6—allocation of key dates.

3.51.2

HCR 7.7—steps after close of pleadings date restricted. The reference to HCR 1.9 in subclause (2)(c) is to be read as a reference to rule 1.14 of these rules.

3.51.3

HCR 7.11—timetable and monitoring obligations.

3.51.4

HCR 7.12—lists of proceedings.

3.51.5

HCR 7.13—Registrar’s functions in relation to hearing dates.

8 Rule 3.65 replaced (Briefs of evidence)

Replace rule 3.65 with:

3.65 Briefs, oral evidence directions, and chronologies

3.65.1

HCR 9.1—objective and scope. Disregard the reference in subclause (2) to the common bundle.

3.65.2

HCR 9.2—exchange of documents and index.

3.65.3

HCR 9.7—requirements in relation to briefs.

3.65.4

HCR 9.8—supplementary briefs.

3.65.5

HCR 9.9—exchange of chronology of facts intended to be relied upon at trial or hearing. In applying this rule,—

(a)

the period in subclause (1) is replaced by a period of 15 working days after the date of the judicial directions conference:

(b)

disregard references to the common bundle.

3.65.6

HCR 9.10—oral evidence directions.

3.65.7

HCR 9.11—compliance with Evidence Act 2006.

3.65.8

HCR 9.12—evidence-in-chief at trial.

3.65.9

HCR 9.13—briefs not given in evidence.

3.65.10

HCR 9.14—privilege and admissibility not affected by briefs.

3.65.11

HCR 9.15—cross-examination duties.

3.65.12

HCR 9.16—plaintiff’s synopsis of opening.

Michael Webster,
for 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 4 February 2013, amend the District Courts Rules 2009 (the principal rules) by updating cross-references to High Court Rules that have been replaced by the High Court Amendment Rules (No 2) 2012. The changes relate to—

case management (rules 3.49 to 3.51 of the principal rules):

briefs, oral evidence directions, and chronologies (rule 3.65 of the principal rules).

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 13 December 2012.

Notes

1 General

This is a consolidation of the District Courts (Case Management) Amendment Rules 2012 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

District Courts Rules 2014 (LI 2014/179): rule 22.1

District Courts (Case Management) Amendment Rules 2012