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 Amendment Rules 2025.

2 Commencement

These rules come into force on 1 September 2025.

3 Principal rules

These rules amend the High Court Rules 2016.

4 New rule 5.6 inserted (Signature on documents)

After rule 5.5, insert:

5.6 Signature on documents

If a document is signed, the name of the signatory must appear immediately below the signature and must be—

(a)

legibly typed, printed, or stamped; or

(b)

legibly written in the style of printed matter.

5 Rule 5.13 amended (Heading on other documents)

In rule 5.13(1)(d), replace “registered office” with “place of residence”.

6 Rule 6.31 replaced (Notice to defendant served outside New Zealand)

Replace rule 6.31 with:

6.31 Notice to defendant served outside New Zealand

(1)

Subclause (2) applies if either of the following is required to be served on a defendant who is out of New Zealand:

(a)

a notice of proceeding with an attached memorandum in form G 3, G 4, or G 5:

(b)

an originating application that has attached at the end a memorandum (which may be in form G 10) stating the matters set out in rule 5.44.

(2)

The memorandum referred to in subclause (1)(a) or (b) must include a notice, which may be in form G 6, informing the defendant of—

(a)

the scope of the jurisdiction of the court in respect of claims against persons who are not resident in New Zealand; and

(b)

the grounds alleged by the plaintiff in relying on that jurisdiction; and

(c)

the defendant’s right to enter an appearance and objection to the jurisdiction of the court under rule 5.49.

7 Rule 9.7 amended (Requirements in relation to briefs)

Before rule 9.7(4)(b), insert:

(a)

must be signed by the witness with a statement that the evidence is true and correct:

8 New rule 15.9A inserted (When amended pleading filed but not served)

After rule 15.9, insert:

15.9A When amended pleading filed but not served

(1)

This rule applies if—

(a)

the plaintiff in a proceeding files an amended pleading before trial; and

(b)

the amended pleading is not served on the defendant in reliance on rule 6.20.

(2)

Leave of the court is required before judgment is sealed under rule 15.7 or 15.8, or entered under rule 15.9.

9 Rule 15.20 amended (Restrictions on right to discontinue proceeding)

After rule 15.20(1)(a)(iii), insert:

(iv)

has directed that the leave of the court must be obtained to discontinue the proceeding; or

10 Rule 29.2 amended (Procedure for assignment of panel Judge)

After rule 29.2(6), insert:

Nomination not precluded by application for summary judgment

(6A)

A memorandum may be filed under subclause (2) or (5) notwithstanding that an interlocutory application for summary judgment has been made in the proceeding under rule 12.4.

11 Schedule 1 amended

In Schedule 1, form G 6, replace “form G 3, G 4, or G 5 as appropriate” with “form G 3, G 4, G 5, or G 10 as appropriate”.

Rachel Hayward,
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 1 September 2025, amend the High Court Rules 2016 (the principal rules) to—

reinstate in the principal rules the following 2 provisions that were revoked by the High Court (COVID-19 Preparedness) Amendment Rules 2020:
- rule 5.6 of the principal rules, which sets out how a document is to be signed, is reinstated but without the requirement for a signature to be an original signature; and
- rule 9.7(4)(a) of the principal rules, which provides that a brief of evidence of a witness must be signed, is reinstated with an additional requirement that the witness must state that the evidence in the brief is true and correct:
ensure that rule 5.13(1)(d) of the principal rules is consistent with rule 5.11(1)(g) by replacing the reference to registered office with a reference to place of residence:
replace rule 6.31 of the principal rules with a new provision clarifying that a defendant who is out of New Zealand must be served with notice of the matters set out in form G 6 irrespective of whether the proceeding is commenced by a statement of claim or an originating application:
insert into the principal rules new rule 15.9A, which provides that if an amended pleading filed by the plaintiff is not served on the defendant because the defendant has not given an address for service, judgment by default may not be entered under rule 15.7, 15.8, or 15.9 without the leave of the court having first been obtained:
insert new rule 15.20(1)(a)(iv) into the principal rules to provide that if, in a proceeding, the court has directed that the leave of the court must be obtained to discontinue the proceeding, the plaintiff may discontinue the proceeding only with the leave of the court:
clarify in rule 29.2 of the principal rules that a plaintiff or defendant may file a memorandum nominating a panel Judge to deal with the proceeding despite an application for summary judgment having been made:
indicate in Schedule 1 that form G 6 may also be added to a memorandum in form G 10 that is served on a defendant who is out of New Zealand (so as to comply with the requirement in new rule 6.31).

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 24 July 2025.

These rules are administered by the Ministry of Justice.

High Court Amendment Rules 2025