High Court and District Court Rules Changes in Force 1 August
Several changes to the High Court and District Court Rules will come into force on 1 August. These result from the High Court Amendment Rules 2019 and the District Court Amendment Rules 2019.
The changes will be incorporated into the rules on the legislation.govt.nz website at that time.
High Court Rules
To view the changes before 1 August, refer to the High Court Amendment Rules 2019.
The changes include:
- rule 7.23(5) (Application without notice) is amended to clarify that the rule does not apply to applications for probate:
- new rule 11.8A ( Further submissions after end of hearing but before judgment) is inserted to incorporate Practice Note 3 in the principal rules. It applies after a proceeding or an application has been heard but before judgment has been given. A party may file a memorandum seeking leave to make further submissions.
- rule 19.2 is amended to provide that applications under certain enactments must be made by way of originating application. These are an application under section 329 of the Companies Act 1993 to restore a company to the New Zealand register, an application under section 319 of the Property Law Act 2007 to authorise entry onto or over neighbouring land, an application under section 76 of the Public Trust Act 2001 to appoint Public Trust an executor, administrator, or trustee, and an application under section 8 of the Trustee Companies Act 1967 to appoint a trustee company an executor, administrator, or trustee:
- Schedule 1 (Forms) is amended to revoke 3 forms associated with the High Court Commercial List, which has now been dissolved and replaced with the Commercial Panel:
- Schedule 2 (Appropriate daily recovery rates) is replaced with a new schedule, which provides for increased daily recovery rates. The daily recovery rates are:
- category 1 proceedings - increased from $1,480 to $1,590;
- category 2 proceedings - increased from $2,230 to $2,390
- category 3 proceedings - increased from $3,300 to $3,530:
- Schedule 3 (Time allocations) is amended in relation to the time allocations for a number of steps in general civil proceedings. The effect of the amendments is to differentiate between time allocations for affidavit hearings and witness hearings. The amendments are intended to relate the allocations more closely to the length of the hearing and provide a separate allocation for the preparation of the common bundle:
- Schedule 5 (Matters for case management conference) is amended to provide for 2 additional factors for consideration at case management conferences. The first is whether expert witnesses should conference and the manner in which expert evidence is to be given (ie, in the normal course of a party’s case, consecutively, or by way of panel). The second is whether an electronic common bundle and/or electronic casebook is to be prepared
- Correction of drafting errors affecting rules 9.30 and 9.31 (correcting section reference)
District Court Rules
The changes include:
To view the changes before 1 August, refer to the District Court Amendment Rules 2019.
- Rule 20.88 (Opposition to application for adjudicator’s determination to be enforced) is amended to reduce the period within which a defendant opposing enforcement of an adjudicator’s determination under section 74 of the Construction Contracts Act 2002 must file an application. The period is reduced from 15 working days to 5 working days. The amendment is consequential on the same amendment to section 74(1) of the Construction Contracts Act 2002. That amendment was made by section 51(1) of the Construction Contracts Amendment Act 2015:
- Schedule 2, form 18 (interlocutory application without notice) is replaced to reflect amendments to rule 7.16 (Application without notice) made by rule 9 of the District Court Amendment Rules 2017. The new form 18 aligns with the equivalent form G 32 of Schedule 1 of the High Court Rules 2016:
- Schedule 5 is amended to provide for new daily recovery rates:
- category 1 proceedings - increased from $1,180 to $1,270.
- category 2 proceedings - increased from $1,780 to $1,910.
- category 3 proceedings - increased from $2,640 to $2,820.