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 2024.

2 Commencement

These rules come into force on 1 September 2024.

3 Principal rules

These rules amend the High Court Rules 2016.

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

(1)

Revoke rule 5.40(4).

(2)

Revoke rule 5.40(7).

5 Rule 14.2 amended (Principles applying to determination of costs)

(1)

In rule 14.2(1)(f), after “party claiming costs”, insert “(not being a party acting in person)”.

(2)

After rule 14.2(2), insert:

(2A)

In subclause (1)(f), party acting in person—

(a)

means a party who is without a solicitor on the record and who represents their own personal interests; and

(b)

includes a party who is a lawyer and who represents their own personal interests.

6 Schedule 1AA amended

In Schedule 1AA,—

(a)

insert the Part set out in Schedule 1 of these rules as the last Part; and

(b)

make all necessary consequential amendments.

7 Schedule 2 replaced

Replace Schedule 2 with the Schedule 2 set out in Schedule 2 of these rules.

Schedule 1 New Part 2 inserted into Schedule 1AA

r 6

Part 2 Provision relating to High Court Amendment Rules 2024

3 Application of principle in rule 14.2(1)(f) to award of costs made to party acting in person

(1)

If an award of costs is made to a party acting in person,—

(a)

the award in respect of the costs incurred by the party before 1 September 2024 is subject to the principle set out in rule 14.2(1)(f) as in force immediately before 1 September 2024; and

(b)

the award in respect of the costs incurred by the party on or after 1 September 2024 is subject to the principle set out in rule 14.2(1)(f) as in force on 1 September 2024.

(2)

In this clause, party acting in person has the meaning set out in rule 14.2(2A).

Schedule 2 Schedule 2 replaced

r 7

Schedule 2 Appropriate daily recovery rates

r 14.4

Part 1 Rates where party has solicitor on record

Category of proceedings (rule 14.3)		Appropriate daily recovery rate ($)
1		1,590
2		2,390
3		3,530

Part 2 Rates where party acting in person

Category of proceedings (rule 14.3)		Appropriate daily recovery rate ($)
1		500
2		500
3		500

Note: In this Part, party acting in person has the same meaning as in rule 14.2(2A).

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 2024, amend the High Court Rules 2016 (the principal rules) to—

revoke rule 5.40(4) of the principal rules so that an affidavit proving service of a notice of change of representation is no longer required:
provide for a party who is acting in person to claim costs at the appropriate daily recovery rate of $500 for all categories of proceedings.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 1 August 2024.

These rules are administered by the Ministry of Justice.

High Court Amendment Rules 2024