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Judicature Modernisation Bill Government Bill As reported from the Justice and Electoral Committee Commentary Recommendation The Justice and Electoral Committee has examined the Judicature Modernisation and recommends that it be passed with the amend- ments shown.

Introduction The Judicature Modernisation Bill is an omnibus bill that seeks to make courts more transparent and to provide for more modern, ef- ficient court processes.
The bill is intended to help make the just- ice system more people-centred, modern, and accessible by reform- ing the composition, jurisdiction, powers, and procedure of New Zealand’s courts.

The bill seeks to implement the Government’s response to the Law Commission’s report Review of the Judicature Act 1908: Towards a New Courts Act, which recommended the reorganisation, consoli- dation, and updating of courts legislation.
The bill includes related changes to the courts systems, including enabling electronic pro- cesses for courts and tribunals.

178—2 2 Judicature Modernisation Bill Commentary The bill is in six parts.

Part 1 would create a new act, the Senior Courts Act, to provide a single statute for the High Court, the Court of Appeal, and the Supreme Court.

Part 2 of the bill would repeal the District Courts Act 1947, replacing it with a new District Court Act establishing a single District Court in New Zealand.
Part 3 would create a new Judicial Review Procedure Act, repealing the Judicature Amendment Act 1972 but continuing the substance of it redrafted in contemporary language.

Part 4 of the bill would cover the courts’ award of interest on money, creating an Interest on Money Claims Act.

Part 5 would mirror in part the Electronic Transactions Act 2002 in creating an Electronic Courts and Tribunals Act, and Part 6 of the bill would amend 17 other enactments.
This commentary covers the main amendments we recommend to the bill; it does not cover minor or technical amendments.

Panels Clause 18 of the bill provides for the establishment of a panel of High Court judges to hear commercial cases, and of other panels to hear other proceedings.

We recommend inserting new subclause 18(6) so that any party to a case could request that their case be heard by a panel judge, subject to the Chief High Court Judge’s power to determine otherwise.
We recommend the removal of subclause 18(6) in the bill as drafted regarding matters of practice or procedure.

We consider that the High Court Rules provisions in the bill would allow rules to be made for any other matters of practice and procedure concerning panels with- out this additional provision.
Orders limiting commencement or continuation of civil proceedings Clause 162 provides for the High Court to make limited orders, ex- tended orders, and general orders restricting, to varying degrees, a person from commencing or continuing civil proceedings.

We rec- ommend inserting new subclause 162(6) to clarify that powers limit- ing civil proceedings would not derogate from a court’s inherent powers to control its own proceedings.
This would make it clear that the court could still control its processes as it saw fit for proceedings “without merit” in situations where clauses 162 to 165 do not apply.

Commentary Judicature Modernisation Bill 3 We also recommend the addition of subclause 162(7) to make it clear that an appeal is part of a substantive proceeding, rather than a sep- arate proceeding.
This would allow a litigant’s overall behaviour to be considered when making an order restricting the commencing or continuing of civil proceedings.

We recommend amending subclause 163(1) so that the test for the number of proceedings considered by a Judge before making an order under clause 162 would be “at least 2 proceedings” rather than “more than one”.
This would clarify the minimum number of proceedings required, while recognising that a small number of substantive pro- ceedings can lead to a substantial amount of related litigation that is totally without merit.

We also recommend defining “proceedings” further in subclause 163(5), as proceedings “instituted or conducted by the person to be restrained, whether against the same person or different persons.” We recommend amending subclause 164(2) to provide for an order to be made “for up to three years”.
This would provide more flexibility than specifying a three-year period.

Clause 165 includes a number of procedural provisions concerning limited orders, extended orders, and general orders, including ap- peals against orders made by the High Court.

We recommend in- serting new subclause 165(2A) to allow the court, of its own voli- tion, to make any of the three types of order restricting a person from continuing or initiating a civil proceeding.
We are aware that com- parable overseas jurisdictions allow the court to initiate proceedings, and consider this would be consistent with a court’s inherent powers to control its own proceedings.

We also recommend amending subclause 165(3A) to prevent a per- son with an order against them from appealing a decision refusing leave to file a new proceeding.
We consider that such a person would have had appeal opportunities to test the validity of the order itself; and in deciding whether an application to file the proceedings was appropriate, the court would be well apprised of the person’s back- ground and the merits of the application.
Our amendments to this subclause would also require applications for leave to file proceed- ings to be determined by written submission, while allowing the court to conduct an oral hearing if it considered there were exceptional cir- cumstances and it was appropriate to do so in the interests of just- 4 Judicature Modernisation Bill Commentary ice.

Finally, we recommend consequential amendments to provisions concerning orders restricting civil proceedings in other courts.
Publishing of final written judgments on internet Clause 167 of the bill as introduced would require every final written judgment of a senior court to be published online unless there was good reason not to do so.

We consider that while the presumption in favour of publication is warranted, some amendments to the clause are needed.
Specifically, we recommend inserting new subclause 167(4) defining a “final written judgment” as either a written reserved judgment or an oral judgment transcribed by an official transcription service, which determines or substantially determines the outcome of a case.

This would include sentencing decisions in criminal cases.
We also recommend inserting subclause 167(3) to include as good reasons not to publish part or all of a judgment, the existence of a pertinent suppression order or statutory requirement; judgments of limited public value (for example, default judgments issued in the civil jurisdiction of the District Court); and the judge having deter- mined against publication in the interests of justice, having consid- ered the general presumption in favour of publication.
These amend- ments would reduce uncertainty about what might constitute good reason not to publish.

We also recommend inserting new subclause 167(1) to require the publication of final written judgments as soon as practicable.

We recognise that this would not guarantee that every case was published quickly (for example appeal processes may delay some judgments for a considerable time), but it would encourage the timely publication of judgments in general.
Information sharing We recommend inserting new clause 171A into Part 1 of the bill (and related clauses elsewhere) to allow the Ministry of Justice to disclose information held on its databases to other agencies in response to bulk requests for permitted information.

Permitted information would be defined in the bill as a sub-category of court records that could be shared with other agencies which had entered into Approved Infor- mation Sharing Agreements with the Ministry of Justice.
Such agree- Commentary Judicature Modernisation Bill 5 ments would not require the Ministry of Justice to disclose any mat- ters suppressed by court order or statute.

Obligations on Registrars A number of pieces of legislation require court registrars to disclose information to registration authorities about people with certain con- victions.

For example, a registrar must notify the Veterinary Coun- cil if he or she knows that a person convicted of offences against the Animal Welfare Act 1999 is a vet.
However, most legislative provi- sions requiring disclosure of information are silent about the effect of a suppression order, and some create additional uncertainty.
To address this we recommend inserting new clauses 171B and 419B to exempt a requirement for a registrar to notify a registration author- ity of certain information from the effects of any suppression order; and to provide that where the registrar’s obligation to disclose infor- mation to the registration authority is subject to the Court expressly ordering otherwise, the disclosure requirement is not affected by any suppression order that does not specifically address disclosure to a registration authority.
Maximum number of District Court judges We do not recommend any change to clause 193, which sets the maxi- mum permitted number of permanent District Court judges and sets out how full- and part-time judges count towards this cap.
We con- sider that the existing mechanisms for assessing and delivering ju- dicial resources, including the judicial cap, appointment of acting judges, semi-regular review of judicial capacity, and examination of the likely judicial resource required for new legislation, work well.

However, some of us would like provision for a regular review of judicial capacity and expectations to be included in the bill, consid- ering that this would provide more transparency.
Equity and good conscience Clause 291 of the bill would allow the court, in proceedings where the amount claimed or the value of property is $3,000 or less, to receive any evidence and make a decision based on the principles of equity and good conscience.

We recommend amending clause 291 to increase the amount to $5,000 to reflect inflation since the amount 6 Judicature Modernisation Bill Commentary was last adjusted in 1989.
We decided not to recommend aligning the monetary amount with the threshold of the Disputes Tribunal, as the mandates of the District Court and the tribunal differ fundamentally to the extent that the two amounts seem not to be comparable.

Warrant to seize property Clause 349 sets out the effect of a warrant to seize property, the powers it would confer on a bailiff or constable, and the types of prop- erty that would be protected from seizure under such a warrant.
We recommend adjusting the value of the tools of trade and necessary household furniture and effects which may not be seized, to make them consistent with the equivalent provision (rule 17.62) in the High Court Rules.

This would mean amending subclauses 349(2)(a)(i) and (ii) to raise the value of personal property of the judgment debtor that would be exempt from seizure to $5,000 for their necessary tools of trade, and $10,000 for their necessary household furniture and ef- fects.
We consider that the value of property deemed necessary to ensure a person’s basic livelihood should be treated consistently in the District and High Courts.

Interest on money claims Part 4 of the bill would provide for interest to be paid as compensation for delay in the payment of debts, damages and other money claims in respect of which civil proceedings had been commenced.
We recom- mend amending clause 452 and inserting a worked example to clarify the calculation of interest to be awarded under clause 450.

We also recommend the insertion of new subclauses 453(4) to (6) concerning the rights of parties to a proceeding if the court is satisfied that there is an error in the internet site interest rate calculations.

In the bill as drafted the award of interest was only to apply to judg- ment amounts exceeding $5,000.
As the internet site interest rate cal- culator can calculate interest on smaller judgment sums, we recom- mend the removal of subclauses 460(3) and 464(1)(b) so that when a money judgment is given for an amount of $5,000 or less the court must award interest on the same basis as applies for higher judgment amounts.
We also recommend the insertion of new subclause 465(4) so that the court is not precluded from awarding interest if a party claiming interest fails to specify that claim in accordance with sub- Commentary Judicature Modernisation Bill 7 clause 465(1), provided the claim (or counterclaim) is later remedied according to the rules of the court.
Regulations Clause 502 sets out the regulation-making powers under Part 5 of the bill (electronic courts and tribunals) including the power to set con- ditions on the use of permitted documents.

To allow the flexible im- plementation of electronic technology in courts and tribunals, we rec- ommend inserting new subclause 502(ea) providing for regulations to mandate electronic dealing for classes of court or tribunal users.
We recognise that certain classes of court users, such as lawyers, tend to be better equipped technologically than members of the public.

Therefore, we consider it desirable to include the ability to compel certain classes of court users to deal electronically.

Labour Party minority view Although Labour supports this bill we are, nevertheless, concerned about two aspects.
The first is the omission from the purposes clause (clause 3) of any reference to a commitment to parliamentary sovereignty, the rule of law, judicial independence and the Treaty of Waitangi.

These concepts comprise fundamental values in the New Zealand justice system, and it is surprising they have not been drafted into this very important re-write of the statute governing our judicial system.

The terms appear in the present Supreme Court Act 2003, and they should be in this bill.
The second aspect that is a cause for concern is the age of retirement of judges.

Under the existing Human Rights Act discrimination on the grounds of age is declared to be unlawful and employers may not contract for, or otherwise insist upon, a fixed age of retirement.

We see no good reason to allow such discrimination in the case of judges.

8 Judicature Modernisation Bill Commentary Appendix Committee process The Judicature Modernisation Bill was referred to the committee on 5 December 2013.
The closing date for submissions was 21 February 2014.

We received and considered 25 submissions from interested groups and individuals, and heard 13 submissions.

We received ad- vice from the Ministry of Justice.

We also considered a report from the Regulations Review Committee on the regulation-making powers in the bill.
Committee membership Scott Simpson (Chairperson) Paul Foster-Bell Joanne Hayes Raymond Huo Andrew Little Alfred Ngaro Denis O’Rourke Holly Walker Hon Kate Wilkinson Judicature Modernisation Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Hon Judith Collins Judicature Modernisation Bill Government Bill Contents 6A Title Commencement Part 1 Senior courts Subpart 1—Preliminary provisions Purposes Interpretation This Part binds the Crown Subpart 2—High Court Constitution of High Court High Court continued Number of High Court Judges Seal Powers of High Court to be exercised by High Court Judges Sessions of High Court and adjournments Court offices Jurisdiction of High Court Jurisdiction of High Court Power to award damages as well as, or in substitution for, injunction or specific performance Jurisdiction in relation to persons who lack competence to manage their affairs When civil proceeding to be tried before Judge alone 178—2 Page 27 27 27 28 30 30 31 31 32 32 32 33 34 34 34 1 Judicature Modernisation Bill Certain civil proceedings may be tried by High Court Judge with jury Question of foreign law must be decided by High Court Judge Proceedings in place of writs Panels of Judges Panels Jurisdiction of Associate Judges Associate Judge may exercise certain powers of High Court Ancillary powers of Associate Judge Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge
 in chambers Application of provisions relating to witnesses and contempt No power to order committal, attachment, or arrest Power to act as referee Transfer of proceeding to High Court Judge Appeals against decisions of Associate Judges Jurisdiction of High Court Judges not affected Commissioners for oaths, affidavits, and affirmations Power to appoint Commissioners Effect of oath, affidavit, or affirmation Revocation of commission Registrars, Sheriffs, and officers of High Court Appointment of Registrars,
 Deputy Registrars, and other officers of High Court Powers of Registrars Sheriffs Powers of Sheriffs Sheriff not to act as lawyer or agent Service of process when Sheriff disqualified Persons arrested by Sheriffs may be committed to prison at once Miscellaneous matters Arrest of defendant about to leave New Zealand Witness not required to attend hearing of civil proceeding unless allowances and expenses paid Failure of witness to attend Judicature Modernisation Bill Refusal to give evidence High Court may require person to undergo medical examination Subpart 3—Court of Appeal Constitution Court of Appeal continued Seal Court of Appeal to sit in divisions Composition of divisions Assignment of Judges to divisions Powers exercisable by Judges Court of Appeal to sit as full court in certain cases Cases of sufficient significance for full court Authority of High Court Judges to act as Judges of Court of Appeal Judgment of Court of Appeal Sessions of Court of Appeal Adjournments Jurisdiction Jurisdiction Court of Appeal may remit proceeding to High Court Judgment of Court of Appeal may be enforced by High Court Transfer of civil proceeding from High Court to Court of Appeal Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court Reasons for granting or refusing leave
 to appeal Procedure if Judges absent Registrar and other officers of Court of Appeal Appointment of Registrar, Deputy Registrar, and other officers of Court of Appeal Powers of Registrar and Deputy Registrar Subpart 4—Supreme Court Preliminary matters Interpretation Constitution of Supreme Court Supreme Court continued Seal 41 42 43 44 45 46 48 49 51 52 53 54 55 56 57 58 59 60 61 62 62A Judicature Modernisation
58 59 60 60 60 62 62 3 Judicature Modernisation Bill Jurisdiction of Supreme Court Appeals against decisions of Court of Appeal in civil cases Appeal against decisions of High Court in civil proceedings Appeals against decisions of other courts in civil proceedings Appeals against decisions in criminal proceedings Procedural requirements Leave to appeal Appeals to be by leave Criteria for leave to appeal No direct appeal from court other than Court of Appeal unless exceptional circumstances established Applications for leave Court to state reasons for refusal to give leave Powers and judgment of Supreme Court Appeals to proceed by way of rehearing General powers Power to remit proceeding Exercise of powers of court Orders and directions on interlocutory applications may be made or given by 1 Judge Presiding Judge Procedure if Judges absent Judgment of Supreme Court Decisions of Supreme Court may be enforced by High Court Registrar and other officers of Supreme Court Appointment of Registrar, Deputy Registrar, and other officers of Supreme Court Powers of Registrar Subpart 5—Senior court Judges Head Judges Head of New Zealand judiciary Head of Supreme Court Head of Court of Appeal Head of High Court Judicature Modernisation Bill Judicial appointment process Attorney-General to publish information concerning judicial appointment process Eligibility for appointment
 Eligibility for appointment as Judge or Associate Judge Eligibility for appointment as Court of Appeal Judge Eligibility for appointment as Supreme Court Judge Eligibility for appointment as Chief High Court Judge Eligibility for appointment as President of Court of Appeal Eligibility for appointment as Chief Justice 93 94 95 96 97 98 99 Appointments Judges appointed by Governor-General Appointment as permanent Judge 100 101 101A High Court Judge or Associate Judge may not hold lower judicial office 101B
 Court of Appeal Judge continues as Judge of High Court Supreme Court Judge continues as Judge of High Court 102 but no other court Terms and conditions of appointment not to be changed without consent 104 105 Attorney-General may authorise Judges to sit part-time Part-time Judges Acting Judges Acting Chief Justice Acting President of Court of Appeal Acting Chief High Court Judge Appointment of acting Judges of Supreme Court by Chief Justice Appointment of acting Judges of Supreme Court by Governor-General Appointment of acting Judges of Court of Appeal Appointment of acting Judges of High Court Appointment of acting Associate Judges Requirements before Attorney-General gives advice on appointment of acting Judge Term of acting Judges appointed by Governor-General Term of appointment of acting Associate Judges Jurisdiction, powers, protections, etc, of acting Judges Conclusive proof of authority to act Judicature Modernisation Bill Seniority of Judges Chief Justice most senior Judge Seniority of Supreme Court Judges Seniority of Court of Appeal Judges Seniority of High Court Judges Permanent Judges senior to acting Judges Seniority of acting Judges Seniority of Associate Judges Tenure of office Tenure of Chief Justice Tenure of President of Court of Appeal Tenure of Chief High Court Judge Tenure of Supreme Court Judges, Court of
 Appeal Judges, High Court Judges, and Associate Judges Resignation Governor-General must approve certain resignations Judges to retire at 70 years Removal from office Salaries and allowances Salaries and allowances of permanent Judges and Associate Judges Salaries and allowances of part-time Judges Salaries and allowances of acting Judges Superannuation or retiring allowances of Associate Judges Higher duties allowance Salary of Judge not to be reduced Restrictions Judge not to undertake other employment or
 hold other office Protocol relating to activities of Judges Judge not to practise as lawyer Subpart 6—Rules of court and miscellaneous provisions Rules of practice and procedure Purpose of rules of practice and procedure High Court Rules Rules of practice and procedure generally Rules of practice and procedure of High Court Rules of practice and procedure of Court of Appeal and Supreme Court Judicature Modernisation Bill 148 149 150 151 152 Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars Rules of practice and procedure under other Acts Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court Publication of High Court Rules under Legislation Act 2012 Rules Committee Regulations Regulations Regulations providing for waiver, etc, of fees Postponement of fees 153 154 155 156 Manner in which section 154 or 155 applications to be made Review of Registrar’s decision concerning fees 157 157A Judge or Registrar may waive certain fees Costs 158 Jurisdiction of court to award costs in all cases Appointment of technical advisers Court of Appeal and Supreme Court may appoint technical advisers Appointment and other matters 159 160 161 Contempt of court Contempt Restriction on commencing
 or continuing proceeding Judge may make order restricting commencement or continuation of proceeding Ground for making section 162 order Terms of section 162 order Procedure and appeals relating to section 162 orders Reserved judgments and publication of final judgments Reserved judgments Final written judgments to be published on Internet 162 163 164 165 166 167 168 Recusal guidelines Recusal 95 96 96 96 96 97 98 99 99 100 100 101 101 101 102 103 103 104 104 105 106 107 7 Judicature Modernisation Bill
 Foreign creditors 170 Memorials of judgments obtained out of New Zealand 108 may be registered 171 Access to information Access to court records, judicial information, or ministry information 171A Sharing of permitted information with other departments 171B Requirements that Registrars disclose information Payment of fees collected Fees to be paid into Crown Bank Account Provisions and rules of general application Judicial officers to continue in office to complete proceedings Costs where intervener or counsel assisting court appears Judgment against one of several persons jointly liable not a bar to action against others Rules of equity prevail over rules of common law 172 173 174 175 176 178 Discharge of juror or jury Discharge of jurors Repeals, revocations, consequential amendments, and savings and transitional provisions Repeals Consequential amendments Regulations continued Rules continued Transitional provisions Part 2 District Court Preliminary provisions Purposes Interpretation Part binds the Crown Application of this Part Subpart 1—Establishment of District Court District Court Seal Judicature Modernisation Bill 190 Divisions of court 191 Court offices Divisions of court Court offices Subpart 2—Judges Appointment of Judges Appointment of Judge 192 193 Maximum number of Judges 194 Appointment of Judge to sit in other jurisdiction
 or division of court Appointment of jury trial Judges 195 197 Who is eligible for appointment as Judge 198 200 201 Tenure of Judges Restrictions on Judges Protocol relating to activities of Judges Powers of Judges Powers of Judges Exercise of jurisdiction Additional powers of Judges Other functions of Judges Immunity of Judges Chief District Court Judge Chief District Court Judge Tenure of Chief District Court Judge Acting Chief District Court Judge Resignation, retirement, and removal Resignation
 Retirement Removal Part-time Judges Attorney-General may authorise permanent Judge to sit part-time Acting Judges Appointment of acting Judges Term of appointment of acting Judge Acting Judge must be authorised to act Judicature Modernisation Bill Remuneration 217 218 219 220 Remuneration of Chief District Court Judge, principal Judges, and permanent Judges Remuneration of part-time or acting Judge Reduction in remuneration of Chief District Court Judge or principal Judge Judge’s remuneration must not be reduced Subpart 3—Community Magistrates Community Magistrates Appointment of Community Magistrate 221 222 Who is eligible for appointment as Community Magistrate Functions and powers of Community Magistrate 223 Tenure of Community Magistrate 224 Retirement, resignation, and removal 225 Remuneration of Community Magistrate must not be 226 reduced Restrictions on Community Magistrates 227 Immunity for Community Magistrates No proceeding against Community Magistrate unless he or she acted without jurisdiction No proceeding against Community Magistrate to be commenced in District Court Onus of proof Plaintiff may be ordered to give security for costs Indemnity to Community Magistrate 228 229 230 231 232 Chief Community Magistrate Chief Community Magistrate 233 234 Appointment of Chief Community Magistrate
 235 Who is eligible for appointment as Chief Community Magistrate Tenure of Chief Community Magistrate Functions of Chief Community Magistrate Acting Chief Community Magistrate Acting Community Magistrates Appointment of acting Community Magistrates Term of appointment of acting Community Magistrate Acting Community Magistrate must be authorised to act Judicature
138 138 139 139 140 140 242 243 244 Judicature Modernisation Bill Remuneration Remuneration of Chief Community Magistrate and Community Magistrates Remuneration of acting Community Magistrate Registrars, bailiffs, and other officers of court Appointment of Registrars, Deputy Registrars, and other officers of court Powers of Registrars and Deputy Registrars Registrar must hold record of proceedings Admissibility of document required to be held by Registrar Appointment of bailiffs Appointment of deputy bailiffs Powers and duties of bailiffs Powers, etc, of deputy bailiffs 245 246 247 248 249 250 251 252 Misconduct of officers 253 Officer of court must not act as lawyer in court proceedings Court business Sessions of court and adjournments 254 Subpart 4—Jurisdiction Criminal jurisdiction of District Court 255 Criminal jurisdiction of court Civil jurisdiction of District Court General civil jurisdiction 256 257 Money recoverable by statute Jurisdiction in equity 258 Jurisdiction in relation to partnerships 259 Exceptions 260 Jurisdiction to recover land in certain cases 261 Abandonment of part of claim to give court jurisdiction 262 Extension of jurisdiction by consent 263 Jurisdiction exclusive of interest 264 Causes of action not to be divided 265 Remedies 266 Proceedings against absent defendant 267 268 269 Subpart 5—Transfer of proceedings Transfer of proceeding in which amount or value of claim exceeds $90,000 Transfer of proceeding in which amount or value of claim does not exceed $90,000 141 141 141 142 142
claim does not exceed $ Judicature Modernisation Bill 270 271 272 273 274 275 276 277 278 Procedure for transfer of proceeding High Court Judge may order removal of proceeding into High Court Transfer of proceeding if no jurisdiction Transfer of proceeding to High Court if counterclaim exceeds jurisdiction Transfer of summary judgment applications to High Court Determination of question of law by High Court Transfer of proceeding from
 High Court to District Court Procedure on transfer of proceeding to District Court Costs in cases transferred Subpart 6—Procedure Parties Trustees, executors, and administrators 279 280 Minors 281 282 Persons jointly liable Bankruptcy of plaintiff Witnesses 283 Witness expenses 284 285 286 Who may take affidavit Offence to disobey witness summons Examination of witnesses and service of process overseas Discovery Pre-commencement discovery Discovery against non-party after proceeding commenced Subpart 7—Hearing Right to appear Trial by Judge Equity and good conscience Judge must record various matters Reference to arbitration Application to set arbitral award aside Judge may refer matter to Registrar or referee Judge may refer matter of account to Registrar, etc Reference by consent 287 288 289 290 291 292 293 294 295 296 297 Subpart 8—Judgments, orders, and removal of judgments Judgments and orders 298 Finality of judgments and orders Judicature Modernisation Bill Technical defects do not invalidate judgment, order, or proceeding Payment of judgments or orders Stay if party unable to pay judgment amount Removal of judgments Removal of judgment of District Court into High Court Proceeding in High Court on judgment or order of District Court Removal of judgment or order of High Court into District Court Subpart 9—Appeals Appeals to High Court
 Interpretation General right of appeal No appeal if agreement that decision would be binding Security for appeal Appeals to be by way of rehearing Powers of High Court on appeal Repayment of judgment amount and interest Enforcement proceedings Subpart 10—Enforcement of judgments Enforcement proceedings Types of enforcement proceeding Judgment may be enforced in any District Court Judgment or order for payment of money Judgment or order in nature of injunction, etc Discovery order Judgment or order for recovery
 of land Judgment or order for delivery of specific chattels Time when enforcement proceeding may commence Time when enforcement proceeding may commence: general rule Exception to general rule: attachment orders Restrictions on enforcement proceeding Restriction on enforcement of judgment more than 6 years old No enforcement of order for payment by instalments without default Proceeding on cross-judgment Judicature Modernisation Bill 325 326 327 328 329 330 331 332 333 334 335 Stay of enforcement proceeding Stay of enforcement proceeding for inability to pay Stay of proceeding on appeal Information about judgment debtor’s means Filing of financial statement Notice to complete financial statement Court to request information about judgment debtor’s means Court may order hearing if information about judgment debtor’s means not provided, etc Application for financial assessment hearing Power to arrest judgment debtor or officer Financial assessment hearing Registrar may exercise jurisdiction of court under sections 329, 330, 331, 333, 335, 337, and 343 Orders by court following filing of financial statement, etc Attachment orders Interpretation Attachment orders Content of attachment orders Effect of attachment orders Liability of employer 336 337 338 339 340
 341 Wrongful treatment of employee 342 343 344 Extent to which attachment orders bind the Crown Variation, suspension, and discharge of attachment orders Review of Registrar’s decision Contempt of enforcement proceedings 345 346 Contempt of enforcement proceedings Process for dealing with application for contempt of enforcement proceedings 175 176 176 177 177 177 179 180 181 181 182 183 183 184 184 186 187 188 189 190 190 191 347 Warrant to arrest may be issued if judgment debtor cannot 192 348 be served or
 fails to appear at hearing Judgment debtor doing community work is discharged on payment Warrants to seize property 349 Warrant to seize property 350 351 352 Immobilisation of motor vehicles Disposal of securities seized Offence of rescuing goods seized 193 193 194 195 195 14 Judicature Modernisation Bill Sale of goods seized under warrant to seize property Period to elapse before sale Goods must be sold by public auction unless court orders otherwise Purchaser from bailiff acquires goods free of all ownership and other proprietary interests Immunity of bailiff who sells without notice of claim to goods Goods seized under warrant to seize property that are subject to security interest Personal property securities register to be checked Claims in respect of goods seized under warrant to seize property Priority of High Court and District Court executions Sale of goods subject to third party claim Third party claim process 353 354 355 356 357 358 359 360 361 Garnishee proceedings Garnishee proceedings 362 363 Money held on deposit or in account Application of section 363 364 Liability to deliver or disclose deposit book, deposit 365 receipt, etc Charging orders Charging orders Variation or discharge of charging order Effect of charging order Charging order in respect of land expires after 2 years Registration of charging order over land or mining privilege Removal of charging order into High Court Order or warrant to detain in prison Issue and execution of order or
 warrant to detain in prison Form of warrant to detain Person to be detained in prison Power of judge to order discharge 366 367 368 369 370 371 372 373 374 375 Warrant for recovery of land 376 Warrant for recovery of land 377 Time for executing warrant of recovery of land 196 196 196 197 197 197 198 199 199 200 200 201 201 201 202 202 203 203 203 204 204 204 204 205 205 15 Judicature Modernisation Bill 378 379 380 381 382 383 Effect of possession given under warrant for recovery of land Irregularity or
 informality in execution of warrant Person illegally obtaining warrant liable for trespass Immunity of Judge, etc, when warrant illegally obtained Execution of warrant may be stayed on giving bond Effect of judgment for tenant or occupier in proceeding for trespass Recovery of chattels 384 Warrant for recovery of chattels 385 Further proceedings if chattels not recovered Liability and protection of officers 386 387 Neglect by bailiffs Liability of court officer for irregularity or informality in execution of warrant Liability of bailiff acting under warrant 388 389 Warrant is proof of court’s authority 390 391 Service of documents under this Part Service provisions modified in special cases Service Subpart 11—Miscellaneous and general provisions Warrants to arrest 392 Arrest of debtor about to leave New Zealand 393 Interpleader 394 Contempt of court Interpleader Contempt Restriction on commencing or continuing civil proceeding Judge may make order restricting commencement or continuation of civil proceeding Ground for making section 395 order Terms of section 395 order Procedure and appeals relating to section 395 orders 395 396 397 398 399 Recusal guidelines Recusal 16 205 206 206 206 207 207 208 208 208 208 209 209 210 211 212 214 214 215 215 216 216 217 Judicature Modernisation Bill Reserved judgments and Internet publication of final written judgments Information regarding reserved judgments Final written judgments to be published on Internet Financial provisions
 Payment and recovery of fees Enforcement of fines Fines and fees must be paid to Crown Bank Account Miscellaneous Prescribed documents to be sealed Proof of service of documents Subtenant to give notice of proceeding to subtenant’s immediate landlord No privilege for lawyers Constable must assist court or Judge Keeper of prison must detain prisoner on request of bailiff or constable Rules of practice and procedure Application of rules Regulations Regulations providing for waiver, etc, of fees Regulations
 providing for postponement of fees Chief executive may approve forms Reviews of decisions of Registrars concerning fees Application of Part Access to court records, judicial information, or ministry information 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 419A Sharing of permitted information with other departments 419B Requirements that Registrars disclose information 419C Judge or Registrar may waive certain fees Subpart 12—Repeals, consequential amendments, and transitional provisions 420 421 422 District Courts Act 1947 repealed Consequential amendments Transitional provisions Part 3 Judicial review procedure Preliminary provisions 423 424 Purpose of this Part Interpretation 217 217 218 218 219 219 219 220 220 220 221 221 223 223 224 225 226 226 227 227 228 229 229 229 229 231 231 232 17 Judicature Modernisation Bill 425 Meaning of statutory power Part binds the Crown 426 This Part subject to certain provisions of Employment 427 Relations Act 2000 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 Judicial review Application for judicial review Respondents Respondent to file statement of defence Proceedings for mandamus, prohibition, or certiorari must be treated as application for review Proceedings for declaration or injunction may be treated as application for review Case management conference Orders and directions Interim orders Relief that court may grant Court may direct reconsideration
 of matter to which statutory power of decision relates Discretion of court to refuse to grant relief Discretion of court to refuse to grant relief for defect in form or technical irregularity Appeals References in enactments Repeal, transitional provision, and consequential amendments Repeal Transitional provision Consequential amendments Part 4 Interest on money claims Preliminary provisions Purpose Application Interpretation Part binds the Crown Subpart 1—Award of interest Interest to be awarded Period
 for mandatory award of interest 449 450 Mandatory award of interest 451 Initial amount 18 233 233 233 234 235 235 235 236 236 237 238 239 240 241 241 241 241 242 242 242 243 243 243 245 245 246 246 Judicature Modernisation Bill Calculation of interest awarded under section 450 Internet site calculator Calculation if judgment debt paid in full in 1 payment Calculation if judgment debt paid in instalments References to paying debt in full or paying instalments Discretion if money judgment expressed in foreign currency Discretion in special circumstances Subpart 2—Where interest is not to be awarded No interest to be awarded on penalty Restrictions on award of interest for certain specified periods No interest to be awarded for period contrary to provisions of another Act Award of interest if contract makes relevant provision Rules of interpretation for contractual provisions Special provision for interest or lump sum relating to contracts entered into before commencement Subpart 3—Supplementary and miscellaneous provisions Court may not award interest unless procedural requirements complied with Preservation of common law and equitable rights Regulations Transitional provisions for civil proceedings already commenced in senior court Transitional provision for civil proceedings already commenced in District court Amendments to other enactments Part 5 Electronic courts and tribunals Preliminary provisions Purpose Interpretation Part binds the Crown General
 provisions Part applies to certain courts and tribunals Permitted documents may be used Consent may be inferred from person’s conduct Presumption of validity Certain documents to be treated as permitted documents Judicature Modernisation Bill Manner in which permitted documents meet certain
 non-electronic requirements Requirement for information to be in writing Requirement for information to be recorded in writing Requirement for information to be given in writing Requirement to provide multiple copies of information Requirement to provide information in certain form Requirement for signatures Requirement for signatures of witnesses Requirement for seals Presumption about reliability of electronic signatures Requirement to retain document or information that is in paper-based form Requirement to retain information that is in electronic form Extra conditions for electronic communications Requirement to provide or produce information that is in paper-based form Requirement to provide or produce information that is in electronic form Requirement to provide access to information that is in paper-based form Requirement to provide access to information that is in electronic form Requirement relating to content of information Copyright in permitted documents Rules regarding transmission of permitted documents Time of dispatch of permitted documents Time of receipt of permitted documents Place of filing Fees and regulations Filing fees payable for permitted documents Regulations 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 Consequential amendments and transitional provisions Amendment to Electronic Identity Verification Act 2012 503 504 Amendment to Electronic Transactions Act 2002 504A Amendment to Resource
 Management Act 1991 505 Transitional provisions 262 263 263 263 263 264 264 264 265 265 266 266 266 267 268 268 268 269 269 269 269 270 270 271 271 271 272 20 Judicature Modernisation Bill 506 507 508 Part 6 Amendments to other enactments Subpart 1—Amendments to Arbitration Act 1996 Principal Act Section 2 amended (Interpretation) New section 6A inserted (Minister of Justice to appoint body to resolve certain matters) 6A Minister of Justice to appoint body to resolve certain matters 509 Schedule 1 amended
 510 511 512 513 514 515 516 517 518 519 520 521 522 523 Subpart 2—Amendment to Bills of Exchange Act 1908 Principal Act New section 96A inserted (Actions on other lost instruments) 96A Actions on other lost instruments Subpart 3—Amendment to Building Societies Act 1965 Principal Act amended New section 136A inserted (Jurisdiction of District Court) 136A Jurisdiction of District Court Subpart 4—Amendment to Children, Young Persons, and Their Families Act 1989 Principal Act Section 434 amended (Principal Youth Court Judge) Subpart 5—Amendments to Companies Act 1993 Principal Act Section 2 amended (Interpretation) Section 235 amended (Interpretation) Section 240 amended (Interpretation) New section 240B inserted (Liquidation of associations) 240B Liquidation of associations New Schedule 10 inserted Subpart 6—Amendment to Contractual Remedies Act 1979 Principal Act New section 4A inserted (Stipulations not essence of contracts) 4A Stipulations not essence of contracts Judicature Modernisation Bill Subpart 7—Amendment to Copyright Act 1994 Principal Act New section 222A inserted (Power to award interest) 222A Power to award interest Subpart 8—Amendments to Courts (Remote Participation) Act 2010 Principal Act Section 8 replaced (Use of audio-visual links in criminal procedural matters) 8 Use of audio-visual links in criminal procedural
 matters Section 13 replaced (Determining place of hearing) 13 Determining place of hearing Subpart 9—Amendments to Criminal Procedure Act 2011 Principal Act Section 74 amended (Category 4 offences) Section 133 amended (Amendment of charge) Section 146 amended (Withdrawal of charge) New section 362A inserted (Jurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of charges) 362A Jurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of
 charges 534 Section 365 repealed (Contempt of court) Subpart 10—Amendments to Employment Relations Act 2000 Contempt of court or Authority Principal Act Section 5 amended (Interpretation) Section 187 amended (Jurisdiction of court) Section 196 replaced (Contempt of court or Authority) 196 New section 198A inserted (Registrar may take affidavit) 198A Registrar may take affidavit Section 200 amended (Appointment of Judges) New sections 200AA and 200AB inserted 200AA Judge not to undertake other employment or hold other office 200AB Protocol relating to activities of Judges Judicature Modernisation Bill 542 543 544 Section 201 amended (Seniority) Section 207 amended (Appointment of temporary Judges) New sections 222A to 222G inserted 222A Information regarding reserved judgments 222B Final written judgments to be published on Internet 222C Recusal guidelines 222D Judge may make order restricting commencement or continuation of proceeding 222E Grounds for making section 222D order 222F Terms of section 222D order 222G Procedure and appeals relating to section 222D orders Section 237 amended (Regulations) New sections 237B to 237D inserted 237B Regulations providing for waiver, etc, of fees 237C Postponement of fees 237D Reviews of decisions of Registrars concerning fees Subpart 11—Amendment to Family Courts Act 1980 Principal Act Section 7
 amended (Acting Family Court Judges) Subpart 12—Amendment to Insolvency Act 2006 Principal Act Section 6 amended (Corporations and other entities not subject to Act) Subpart 13—Amendments to Local Government (Rating) Act 2002 Principal Act Section 70 amended (Rating unit may be sold or leased) Section 75 amended (Application of proceeds of rating sale or lease) Subpart 14—Amendments to Property Law Act 2007 Principal Act New section 27A inserted (Writing required for discharge of debt by acceptance of part in
 satisfaction) 27A Writing required for discharge of debt by acceptance of part in satisfaction 546 547 548 549 550 551 552 553 554 555 556 557 New subpart 5A of Part 2 inserted 282 282 283 283 283 284 284 285 285 285 286 287 287 288 288 289 289 289 289 290 290 290 290 290 290 291 23 53A 53B Judicature Modernisation Bill Subpart 5A—Assignment of securities and rights of creditor to surety who pays debt Interpretation Surety who pays debt entitled to assignment of all securities held by creditor Rights of surety Rights of co-sureties, etc, as between themselves 53C 53D New sections 74A and 74B inserted 74A 74B Recovery of payments made under mistake of law Payments made under mistake of law or fact not always recoverable Subpart 15—Amendments to Resource Management Act 1991 Principal Act Section 2 amended (Interpretation) Section 250 amended (Appointment of Environment Judges and alternate Environment Judges) New sections 250A and 250B inserted 250A Judge not to undertake other employment or hold other office 250B Protocol relating to activities of Judges Section 282 replaced (Power to commit for contempt) 282 Contempt of court New sections 288A to 288G inserted 288A Information regarding reserved judgments 288B Final written judgments to be published on Internet 288C Recusal guidelines 288D Judge may make order restricting commencement or continuation of proceeding 288E Grounds for making section 288D order 288F Terms of section 288D order 288G Procedure and appeals
 relating to section 288D orders Subpart 16—Amendments to Te Ture Whenua Maori Act 1993 Principal Act Section 4 amended (Interpretation) Section 7 amended (Appointment of Judges) New sections 7AA and 7AB inserted Judicature Modernisation Bill 7AA Judge not to undertake other employment or hold 300 570 571 other office Protocol relating to activities of
 Judges 7AB Section 90 replaced (Power to remove for contempt) Contempt of court 90 New sections 98A to 98H inserted 98A 98B Information regarding reserved judgments Final written judgments to be published on Internet Recusal guidelines Judge may make order restricting commencement or continuation of proceeding Grounds for making section 98D order Terms of section 98D order Procedure and appeals relating to section 98D orders References to Judge in sections 98D to 98G 98C 98D 98E 98F 98G 98H Subpart 17—Amendments to Trans-Tasman Proceedings Act 2010 Principal Act Section 3 amended (Purpose of, and guides to, this Act) Section 4 amended (Interpretation) Section 6 repealed (Trans-Tasman market proceedings provisions not affected) Section 53 amended (When registrable Australian judgments are enforceable in New Zealand) New Part 3 inserted 572 573 574 575 576 577 Part 3 Special provisions applying to certain proceedings in High Court of New Zealand and Federal Court of Australia Part not limited by Part 1 or 2 Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part Interpretation High Court may order New Zealand proceedings to be heard in Australia Australian counsel entitled to practise in High Court High Court may set aside subpoena issued in New Zealand proceeding Judicature Modernisation Bill Injunctions and orders
 in New Zealand proceedings Issue of subpoenas in New Zealand proceedings Powers of Federal Court of Australia Issue of subpoenas in Australian proceedings Failure of witness to comply with subpoena issued in Australian proceeding Federal Court of Australia may administer oaths in New Zealand Orders made by Federal Court of Australia not subject to review Contempt of Federal Court of Australia Arrangements to facilitate sittings Privileges and immunities of Judges, counsel, and witnesses in Australian
 proceedings High Court may take evidence at request of Federal Court Power to make rules for purposes of this Part Transitional provision for certain proceedings commenced before commencement of this Part 85 86 87 88 89 90 91 92 93 94 95 96 97 578 579 580 Consequential amendment to Evidence Act 2006 Consequential amendment to Judicature Act 1908 Consequential amendments for Part 6 Schedule 1 High Court Rules Schedule 2 Categories of information for purposes of section 171 Schedule 3 Consequential amendments relating to Senior Courts Schedule 4 Transitional provisions relating to Senior Courts Schedule 5 Categories of information for purposes of section 419 (District Court) Schedule 6 Consequential amendments relating to District Court Schedule 7 Transitional provisions relating to District Court 309 309 309 310 311 312 312 313 313 314 314 315 316 316 317 317 318 1123 1128 1142 1148 1153 1209 26 Judicature Modernisation Bill Part 1 cl 3 Schedule 8 Consequential amendments to other enactments: judicial review procedure Schedule 9 Consequential amendments to other enactments: interest on money claims Schedule 10 New Schedule 10 inserted Schedule 11 Consequential amendments relating to Part 6 1211 1216 1222 1225 The Parliament of New Zealand enacts as follows: 1 2 (1) (2) 3 Title This Act is the Judicature Modernisation Act 2013.
Commencement This Act comes into force on a date appointed by the Gov- 5 ernor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.

The power conferred by subsection (1) includes (without limitation) the power to bring different provisions of the High 10 Court Rules set out in Schedule 1 into force on different dates.
Part 1 Senior courts Subpart 1—Preliminary provisions 15 Purposes The purposes of this Part are to— (a) consolidate in a single statute the provisions of the Judi- cature Act 1908 and the Supreme Court Act 2003; and continue the High Court, the Court of Appeal, and the 20 Supreme Court, and provide for their— (b) 27 Part 1 cl 4 Judicature Modernisation Bill (i) (ii) (iii) constitution and jurisdiction; and practice and procedure; and judicial and other officers, including their— (A) (B) selection; and appointment and conditions; and (c) make provision for any other related matters; and (d) improve the transparency of court arrangements in a manner consistent with judicial independence.
4 (1) Interpretation In this Part, unless the context otherwise requires,— Associate Judge means an Associate Judge of the High Court Chief High Court Judge— (a) means the person holding that office under section 5 10 (b) 100; and includes a Judge of the High Court acting in place of the 15 Chief High Court Judge under section 108 20 Chief Justice means the Chief Justice of New Zealand holding office under section 100 Court of Appeal means the Court of Appeal of New Zealand continued under section 43 defendant means a person served or intended to be served with any application to the High Court for the exercise of its civil or criminal jurisdiction Gazette means the New Zealand Gazette High Court means the High Court of New Zealand continued 25 under section 6 High Court Rules means the rules set out in Schedule 1, as amended from time to time interlocutory application— (a) means any application to the High Court in any civil 30 proceedings or criminal proceedings, or intended civil proceedings or intended criminal proceedings, for— (i) an order or a direction relating to a matter of procedure; or in the case of civil proceedings, for some relief 35 ancillary to that claimed in a pleading; and (ii) (b) includes an application for a new trial; and 28 Judicature Modernisation Bill Part 1 cl 4 (c) includes an application to review an order made, or a direction given, on any application to which paragraph (a) or (b) applies: 5 Judge means a Judge of the High Court judgment includes decree lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006 medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practi- 10 tioners Competence Assurance Act 2003 as a practitioner of the profession of medicine Minister means the Minister or Ministers of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is or are for the time being responsible
 for the 15 administration of this Part plaintiff means a person who makes an application (other than an interlocutory application) to the High Court for the exercise of its civil or criminal jurisdiction President of the Court of Appeal means the Court of Appeal 20 Judge holding office under section 100 Supreme Court means the Supreme Court of New Zealand continued under section 66 working day, in relation to the High Court and the Court of Appeal, means a day that is not— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, or Waitangi Day; or the day observed as the anniversary day of the former province in which the court is located; or a day in the period commencing on 25 December in one year and ending with 15 January in the next year working day, in relation to the Supreme Court, has the mean- ing given in section 65.
(b) (c) 25 30 (2) A reference in any enactment to a senior court in New Zealand 35 must, unless the context otherwise requires, be read as a refer- ence to the High Court, the Court of Appeal, or the Supreme Court.
29 Part 1 cl 5 Judicature Modernisation Bill (3) A reference in any enactment to a senior court of a country other than New Zealand must, unless the context otherwise requires, be read as a reference to a court that has jurisdic- tion comparable to the jurisdiction of a senior court in New Zealand.

5 5 This Part binds the Crown This Part binds the Crown.

6 (1) (2) (3) (4) Subpart 2—High Court Constitution of High Court High Court continued There continues to be a High Court of New Zealand.
The High Court consists of— (a) (b) the Chief Justice of New Zealand; and the other High Court Judges who are from time to time appointed.

The number of High Court Judges appointed from time to time referred to in subsection (2)(b) may not exceed 55.
For the purposes of subsection (3),— (a) a permanent Judge who is sitting on a full-time basis counts as 1: a permanent Judge who is sitting on a part-time basis counts as an appropriate fraction of 1: an acting Judge counts as 0: the aggregate number (for example, 54.5) must not ex- ceed 55.
(b) (c) (d) 10 15 20 25 (5) Despite subsection (3), the Governor-General may appoint more than 55 High Court Judges (additional judges) if the Governor-General thinks that 1 or more additional Judges are required because of— (a) the absence of any Judge on leave preliminary to retire- 30 ment; or the anticipated absence of any Judge on leave prelimin- ary to retirement.
(b) The appointment of an additional Judge under subsection (5) must fill the vacancy next occurring in the office of Judge, 35 (6) 30 5 10 Judicature Modernisation Bill Part 1 cl 7 (7) (8) not being a vacancy filled by an earlier appointment under subsection (5).

The High Court is a court of record.

The High Court is the same court as the High Court continued by section 3(1) of the Judicature Act 1908.
Compare: 1908 No 89 ss 3, 4(1)–(1D) s 4(1) 6A Number of High Court Judges (1) (2) The number of High Court Judges appointed from time to time referred to in section 6(2)(b) may not exceed 55.

For the purposes of subsection (1)— (a) a permanent Judge who is sitting on a full-time basis counts as 1: a permanent Judge who is sitting on a part-time basis counts as an appropriate fraction of 1: the aggregate number (for example 54.5) must not ex- 15 ceed 55.
(b) (c) (3) Despite subsection (1), the Governor-General may appoint more than 55 High Court Judges (additional Judges) if the Governor-General thinks that 1 or more additional Judges are required because of— (a) the absence of any Judge on leave preliminary to retire- ment; or the anticipated absence of any Judge on leave prelimin- ary to retirement.
(b) 20 (4) 7 (1) (2) The appointment of an additional Judge under subsection (3) 25 must fill the vacancy next occurring in the office of Judge, not being a vacancy filled by an earlier appointment under subsection (3).

Seal The High Court must have a seal, and the Registrar of the court 30 is responsible for the seal.

The seal must be used for sealing judgments, orders, certifi- cates, and any other document issued by the court that must be sealed.
Compare: 1908 No 89 s 50 35 31 Part 1 cl 8 Judicature Modernisation Bill 8 (1) (2) Powers of High Court to be exercised by High Court Judges The powers of the High Court may be exercised in any part of New Zealand by a High Court Judge or 2 or more High Court Judges.
Subsection (1) is subject to any enactment that— (a) requires the powers of the High Court to be exercised by the full court or by a specified number of High Court Judges; or provides for the appointment of persons other than High 10 Court Judges to sit with the High Court or as members of the court in any specified proceeding or class of pro- ceeding.
Compare: 1908 No 89 s 19 (b) 5 Sessions of High Court and adjournments 9 (1) A High Court Judge may hold a session of the High Court at 15 any time and place the Judge thinks fit.

(2) A High Court Judge may adjourn a session of the High Court to a time and place the Judge thinks fit.

If a High Court Judge is not present at the time appointed for a 20 session of the court, a Registrar must adjourn the session and may determine the time and place of the next session.
Compare: 1908 No 89 s 52 Court offices The Governor-General may, by notice in the Gazette, declare 25 that an office of the High Court is established at a place and on and after a date stated in the notice.

The Governor-General may, by notice in the Gazette, abolish an office of the High Court.
The following provisions apply on the abolition of an office of 30 the High Court (the abolished office): (a) the Minister may direct that the documents and records in the abolished office must be transferred to another office of the court (the substituted office): (3) 10 (1) (2) (3) 32 Judicature Modernisation Bill Part 1 cl 11 (e) (c) (d) (b) when delivered to the Registrar of the substituted office, the documents and records become subject to the cus- tody of that Registrar: the Registrar of the substituted office may do anything that could under an enactment or a rule have been done 5 by the Registrar of the abolished office: a step in a proceeding that could under an enactment or a rule have been taken in the abolished office may be taken in the substituted office: an act or thing required or authorised by an enactment 10 or a rule to be done by a person at the abolished office in relation to a proceeding or transaction or document may be done by a person at the substituted office: an address for service given by a party in relation to a proceeding in the abolished office continues to be the 15 address for service of the party, but if the address does not comply with any enactment or rule the party must give a new address for service on first filing a document in the proceeding in the substituted office: a High Court Judge may— (i) decide a question as to the application of this section or the procedure to be followed; and (g) 20 (f) (ii) make any order the Judge thinks fit.
Compare: 1989 1908 No 89 s 23A Jurisdiction of High Court 25 11 Jurisdiction of High Court The High Court has— (a) (b) the jurisdiction that it had on the commencement of this Part; and the judicial jurisdiction that may be necessary to admin- 30 ister the laws of New Zealand:; and the jurisdiction conferred on it by any other Act.
(c) Compare: 1908 No 89 s 16 33 Part 1 cl 12 Judicature Modernisation Bill 12 13 (1) (2) Power to award damages as well as, or in substitution for, injunction or specific performance The High Court may award damages in addition to or in sub- stitution for an injunction or specific performance.
Compare: 1908 No 89 s 16A 5 Jurisdiction in relation to persons who lack competence to manage their affairs The High Court has jurisdiction and control in relation to— (a) mentally impaired persons who, in the opinion of the court, lack wholly or partly the competence to manage 10 their own affairs; and the property and managers of those persons.

(b) Subsection (1) is subject to other enactments making provi- sion in relation to those persons or their property or managers.
Compare: 1908 No 89 s 17 14 When civil proceeding to be tried before Judge alone (1) A civil proceeding must be tried before a High Court Judge (2) 15 sitting alone.

This section is subject to section 15.


Compare: 1908 No 89 s 19B Certain civil proceedings may be tried by High Court Judge with jury (1) Any party to a proceeding for defamation, false imprisonment, or malicious prosecution may, on giving notice in accordance with the High Court Rules, require the proceeding to be tried 25 by a High Court Judge with a jury.
(2) Any party to a counterclaim in the proceeding a proceeding for defamation, false imprisonment, or malicious prosecution may, on giving notice in accordance with the High Court Rules, require the counterclaim to be tried by a High Court 30 Judge with a jury.

If a notice is given under subsection (1) or (2), the proceed- ing or counterclaim must be tried in accordance with the sub- section that applies.
(3) 34 15 20 Judicature Modernisation Bill Part 1 cl 17 (3A) A High Court Judge may, on the application of either party, order that a proceeding for defamation, false imprisonment, or malicious prosecution or any issue in the proceeding be tried before a Judge without a jury if it appears to the Judge before the trial that the trial of the proceeding or the issue will— (a) 5 involve mainly the consideration of difficult questions of law; or require any prolonged examination of documents or ac- counts, or any investigation in which difficult questions in relation to scientific, technical, business, or profes- 10 sional matters are likely to arise, being an examination or investigation which cannot conveniently be made with a jury.
(b) (3B) A proceeding for defamation, false imprisonment, or mali- cious prosecution that also contains other causes of action may 15 be tried only before a Judge without a jury.

(4) No civil proceeding other than for defamation, false imprison- ment, or malicious prosecution may be tried by a High Court Judge with a jury.
Compare: 1908 No 89 s 19A(1)–(4)(5) 16 Question of foreign law must be decided by High Court Judge (1) A question about the effect of evidence of a foreign law that arises in a civil or criminal proceeding that is tried by a High Court Judge with a jury must be decided by the Judge alone.

This section overrides section 15.


Compare: 1908 No 89 s 19C (2) 17 (1) Proceedings in place of writs This section applies in any case where, before the commence- ment of the Judicature Amendment Act (No 2) 1985,— (a) the High Court had jurisdiction to grant relief or a rem- edy or do any other thing by way of a writ; or the High Court could issue a writ for the commence- ment or conduct of a proceeding or in relation to a pro- ceeding.
(b) (2) If this section applies,— 35 20 25 30 35 Part 1 cl 18 Judicature Modernisation Bill (a) (b) (c) (d) the court continues to have jurisdiction to grant the re- lief or remedy or to do the thing; but the court may not issue the writ; and the court may grant the remedy or relief or do the thing by way of a judgment or order in accordance with this 5 Part and the High Court Rules; and a proceeding for the remedy or relief or for the court to do the thing must be commenced and conducted in accordance with this Part and the High Court Rules.
This section does not apply to— (a) (b) a writ of habeas corpus under the Habeas Corpus Act 2001; or any writ of execution for the enforcement of a judgment or order of the court; or any writ in aid of any writ of execution.

(c) Subsection (3) is subject to the High Court Rules.
Compare: 1908 No 89 s 98A 10 15 Panels of Judges Panels The commercial panel of the High Court from which Judges 20 may be selected to hear and determine commercial proceed- ings is established and may operate subject to this section.
The Governor-General may, by Order in Council made on the recommendation of the Attorney-General after consultation with the Chief Justice and the Chief High Court Judge,— (a) specify a commencement date for the operation of the commercial panel: specify the types of proceedings that may be assigned to the commercial panel: if the Governor-General considers it necessary, provide 30 for the commercial panel to cease its operations on or from a specified date.
(b) (c) 25 The Chief High Court Judge, in consultation with the Attor- ney-General and the Chief Justice, may establish other panels of High Court Judges for the purposes of dealing with proceed- 35 ings other than commercial proceedings.

(3) (4) 18 (1) (2) (3) 36 Judicature Modernisation Bill Part 1 cl 19 (4) (5) (6) The Chief High Court Judge may determine how many High Court Judges are to be on the commercial panel or any other panel and assign Judges to the panels.
The Chief High Court Judge may decide the basis on which cases are to be distributed as between Judges on the commer- 5 cial panel or another panel and Judges who are not on any panel.

The Chief High Court Judge may decide any other matters of practice or procedure relating to the commercial panel or other panels that are not prescribed or provided for by the High 10 Court Rules.
(6) A party may nominate that the party’s case be dealt with by a Judge on a panel and the Chief High Court Judge may assign to the case a Judge or Judges from a panel.
Jurisdiction of Associate Judges 19 Associate Judge may exercise certain powers of High Court (1) An Associate Judge has the jurisdiction and powers of the High Court in relation to the following matters: (a) (b) an application for summary judgment: an application to stay or dismiss an application for the appointment of a liquidator under the Companies Act 1993: reinstating a company to the Register of Companies: any matter arising under the Insolvency Act 1967: case management of proceedings under the Admiralty Act 1973: a proceeding in which relief is claimed solely under any of sections 140, 143, 144, 145, 145A, and 148 of the Land Transfer Act 1952 (which relate to caveats): an assessment of damages where liability has been de- termined or the trial of a proceeding in which only the amount of a debt or damages is in dispute: the entry of a judgment by consent or the making of an order by consent: the making of an order (other than an arrest order or an order relating to an arrest order) that may be made under (ba) (bb) (bc) (c) (d) (e) (f) 15 20 25 30 35 37 Part 1 cl 19 Judicature Modernisation Bill the High Court Rules against a judgment debtor who has been ordered to attend the court for an examination: the making, variation, suspension, or discharge of an attachment order under the High Court Rules: any other matter that an Associate Judge has jurisdiction 5 to deal with under an enactment.
(g) (h) (2) An Associate Judge has the jurisdiction and powers of the court or a High Court Judge under the following enactments: (a) (b) article 11 of Schedule 1 of the Arbitration Act 1996: sections 123, 154, 165 to 168, 173, 179, 232 to 234, 10 236 to 238, Part 15A, and Part 16 of the Companies Act 1993: section 42(2) of the Corporations (Investigations and Management) Act 1989: the Insolvency Act 2006 (except sections 150, 166(3), 15 180, and 236(2)): regulations or rules made under the Insolvency Act 2006: regulations relating to liquidations made under the Companies Act 1993: sections 118, 128, 131, 167, 168, 170, 179, 181, 182, and 186 of the Personal Property Securities Act 1999: the Model Law on Cross-Border Insolvency as set out in Schedule 1 of the Insolvency (Cross-border) Act 2006.
20 (c) (d) (e) (f) (g) (h) (3) An Associate Judge may adjourn a proceeding even though 25 the Associate Judge does not have jurisdiction in relation to the proceeding.

(5) (4) An Associate Judge has the jurisdiction and powers of the court to deal with costs and other matters incidental to the mat- ters over which the Associate Judge has jurisdiction under this 30 section.
Rules made under section 145 or under any other Act in the same manner as rules under that section may contain any pro- visions that may be necessary to enable the proper exercise by Associate Judges of the jurisdiction and powers conferred by 35 this section.
Compare: 1908 No 89 ss 26I(1)–(3), (4)(a), 26O 38 Judicature Modernisation Bill Part 1 cl 21 Ancillary powers of Associate Judge 20 (1) An Associate Judge has, in relation to a proceeding (including a proceeding on an interlocutory application) that is properly before the Associate Judge, the same jurisdiction and power to make an order or exercise an authority as a Judge of the High 5 Court.
(2) Despite subsection (1), an Associate Judge does not have the jurisdiction or powers referred to in section 21(4).

Compare: 1908 No 89 s 26IA 21 (1) (2) (3) Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers Rules made under section 145 and rules made under any other Act in the manner provided in that section may confer on an Associate Judge the jurisdiction and powers of a High Court Judge in chambers specified in the rules.
The rules may specify limitations and restrictions on the juris- diction and powers.

The rules may contain any provisions that may be necessary to enable the proper exercise by Associate Judges of the juris- diction and powers so conferred.
10 15 20 (4) Despite subsection (1), no rules may be made that confer on Associate Judges jurisdiction and power in relation to any of the following: (a) a criminal proceeding other than an uncontested appli- cation for bail or an application to set aside a witness 25 summons: an application for a writ of habeas corpus: a proceeding for the issue or renewal of a writ of se- questration: a proceeding under the Care of Children Act 2004: an action in rem under the Admiralty Act 1973: an application to review, or appeal against, the exercise, or the refusal to exercise, by a Registrar or a Deputy Registrar of any jurisdiction or power conferred on a Registrar or Deputy Registrar by this Part or any other 35 enactment: an application for a search order or an interlocutory or permanent injunction: 30 (b) (c) (d) (e) (f) (g) 39 Part 1 cl 22 Judicature Modernisation Bill (h) (i) (j) (k) an application for review or other relief under Part 3 of the Judicature Modernisation Act 2013: a proceeding for a writ or order in the nature of man- damus, prohibition, or certiorari, or for a declaration or an injunction: a proceeding to remove a person from public office: a proceeding to try the right of a person to hold public office.
Compare: 1908 No 89 s 26J 22 Application of provisions relating to witnesses and contempt Sections 40, 41, and 161 (which relate to the power to deal with witnesses and contempt) apply to a proceeding before an Associate Judge in the same way as they apply to a proceeding before a High Court Judge.

Compare: 1908 No 89 s 26K No power to order committal, attachment, or arrest 23 (1) An Associate Judge does not have power to make an order for (2) 24 the committal, attachment, or arrest of a person.
This section is subject to section 22.

Compare: 1908 No 89 s 26L Power to act as referee An Associate Judge may act as a referee under the High Court Rules in a proceeding or on a question that arises in a proceed- ing.
Compare: 1908 No 89 s 26M Transfer of proceeding to High Court Judge 25 (1) An Associate Judge may, on the application of a party to a pro- ceeding before the Associate Judge or on the Associate Judge’s own initiative, refer the proceeding or a matter in the proceed- 30 ing to a High Court Judge if the Associate Judge is satisfied that because of the complexity of the proceeding or matter it is desirable to do so.
40 Judicature Modernisation Bill Part 1 cl 28 (2) A High Court Judge may, on the application of a party to a proceeding that is being or is to be dealt with by an Associate Judge, order that the proceeding or any part of it be transferred to and dealt with by a High Court Judge if the Judge making the order is satisfied that it is desirable to do so.
(3) A High Court Judge may— (a) (b) dispose of the proceeding; or refer the proceeding or matter back to the Associate Judge with any directions the High Court Judge thinks fit.

Compare: 1908 No 89 s 26N Appeals against decisions of Associate Judges 26 (1) A party to any proceedings may appeal to the Court of Appeal against any order or decision of an Associate Judge in those proceedings.

Section 57 applies to an appeal under subsection (1).
Compare: 1908 No 89 s 26P(1)–(1A) (2) 5 10 15 27 Jurisdiction of High Court Judges not affected Nothing in this Part or the High Court Rules prevents the ex- ercise by a High Court Judge of the jurisdiction and powers 20 conferred on an Associate Judge by this Part or those rules.
Compare: 1908 No 89 s 26R Commissioners for oaths, affidavits, and affirmations Power to appoint Commissioners 28 (1) A High Court Judge may appoint a person to be a Commis- sioner of the High Court to administer and take an oath, affi- davit, or affirmation outside New Zealand in connection with a proceeding or matter before a court in New Zealand.

25 (2) Notification of the appointment must be published in the 30 Gazette.
Compare: 1908 No 89 s 47 41 Part 1 cl 29 Judicature Modernisation Bill 29 Effect of oath, affidavit, or affirmation An oath, affidavit, or affirmation administered or taken by a Commissioner has the same effect as if it had been adminis- tered or taken by a person authorised to administer or take the oath, affidavit, or affirmation in New Zealand.
Compare: 1908 No 89 s 48 5 Revocation of Commission commission 30 (1) A High Court Judge may revoke a Commission commission (2) for any reason the Judge considers sufficient.

Revocation of a Commission commission does not affect the 10 validity of anything done by the Commissioner before notice of the revocation was given or sent to the Commissioner.

(3) Notice of the revocation and of the date on which it was given or sent to the Commissioner must be published in the Gazette.
Compare: 1908 No 89 s 49 15 Registrars, Sheriffs, and officers of High Court 31 Appointment of Registrars, Deputy Registrars, and other officers of High Court Registrars, Deputy Registrars, and other officers may be ap- pointed under the State Sector Act 1988 for the conduct of the 20 business of the High Court.
Compare: 1908 No 89 s 27 Powers of Registrars 32 (1) A Registrar has the duties and powers— (a) (b) conferred by this Part, any other enactment, or the High 25 Court Rules: necessary or desirable to ensure the efficient and effect- ive administration of the business of the High Court.

(2) A Deputy Registrar has the same duties and powers as a Regis- trar.

Subsection (2) is subject to a provision to the contrary in any other enactment or the High Court Rules.
Compare: 1908 No 89 s 28 30 (3) 42 Judicature Modernisation Bill Part 1 cl 37 Sheriffs 33 (1) A Registrar is also a Sheriff for New Zealand.

(2) Deputy Sheriffs may be appointed under the State Sector Act (3) 34 35 36 (1) (2) 37 1988 for offices of the High Court.

In the absence of the Sheriff or when acting for the Sheriff, a 5 Deputy Sheriff has the same duties and powers as a Sheriff.
Compare: 1908 No 89 s 29 Powers of Sheriffs A Sheriff has— (a) (b) (c) the power to enforce an order of the High Court: the power to serve a process of the High Court: the power to arrest a person in accordance with an order of the High Court: any other powers conferred by this Part, any other en- actment, or the High Court Rules.
(d) Compare: 1908 No 89 s 32 Sheriff not to act as lawyer or agent No Sheriff may be in any way concerned in any action in any court in New Zealand either as a lawyer or an agent.

Compare: 1908 No 89 s 34 10 15 20 Service of process when Sheriff disqualified If the Sheriff is disqualified by law from executing any process that has been issued, the court must authorise a fit person to execute the process.

The cause of the process must be entered in the records of the 25 court.
Compare: 1908 No 89 s 35 Persons arrested by Sheriffs may be committed to prison at once A Sheriff, Sheriff’s officer, bailiff, or any other person em- 30 ployed to assist the Sheriff who arrests any person under or by virtue of any writ or process that authorises the committal of 43 Part 1 cl 38 Judicature Modernisation Bill the arrested person may, without delay, take steps to have the arrested person taken to a prison and committed there.
Compare: 1908 No 89 s 36 Miscellaneous matters Arrest of defendant about to leave New Zealand 38 (1) A Judge may, on the application of a plaintiff in a proceeding to recover an amount of money, issue a warrant to arrest a defendant in the proceeding and bring the defendant before the court.

5 (2) A warrant may not be issued unless the Judge is satisfied there 10 are reasonable grounds to suspect that the defendant is about to leave New Zealand with the intention of evading payment of the amount claimed.
(2) A Judge must not issue a warrant unless the Judge is satisfied that— (a) (b) the plaintiff has a good cause of action against the de- fendant; and there are reasonable grounds to suspect that the defen- dant is about to leave New Zealand with the intention of evading payment of the amount claimed.
The Judge may require the applicant for the warrant to deposit in the court an amount not exceeding the amount claimed in the proceeding or give a surety for that amount for the purposes of payment of any compensation that may be ordered to be paid to the defendant under subsection (9).

The defendant must be brought before the court unless the amount claimed in the proceeding is paid to the plaintiff be- fore the warrant is executed.
The Judge may— (a) (b) release the defendant; or release the defendant on bail on any terms and con- ditions the Judge thinks fit and with a surety of an amount the Judge thinks fit (but not exceeding the amount claimed in the proceeding and costs) or without a surety; or remand the defendant in custody.

(c) 15 20 25 30 35 (3) (4) (5) 44 Judicature Modernisation Bill Part 1 cl 39 (6) A defendant who is remanded in custody must be brought be- fore the court within 4 days after the date of the order.
(7) A defendant arrested under the warrant may either give to the enforcing officer or deposit in the court the amount shown on the warrant as the amount of the claim plus costs.

If the defen- 5 dant does so, he or she must be released and the amount must be retained and,— (a) if judgment in the proceeding is given in favour of the plaintiff, paid or applied in accordance with the judg- ment; or if judgment in the proceeding is given in favour of the defendant, paid to the defendant.
(b) 10 (8) (9) The Judge may,— (a) if the defendant consents, hear and determine the pro- ceeding at the time the defendant is brought before the 15 court; or fix a date and time for the hearing of the proceeding.

(b) If judgment is given for the defendant, the Judge may order that the defendant be paid compensation for his or her arrest or arrest and detention of an amount not exceeding $2,000.
(10) Where a Judge is not available though absence, illness, or any other cause, a Registrar may exercise any of the powers con- ferred on a Judge by subsections (1) to (3) and (5)(a) and (b).
Compare: 1908 No 89 s 55; 1947 No 16 ss 109, 110 39 Witness not required to attend hearing of civil proceeding 20 25 unless allowances and expenses paid A witness is not required to attend the hearing of a civil pro- ceeding in the High Court unless allowances and travelling ex- penses in accordance with regulations made under the Crim- 30 inal Procedure Act 2011 have been paid or tendered to the wit- ness— (a) (b) Compare: 1908 No 89 s 56A(3) at the time of service on the witness of the subpoena; or a reasonable time before the hearing.
35 45 Part 1 cl 40 Judicature Modernisation Bill Failure of witness to attend The High Court may, in civil proceedings, issue a warrant to arrest and bring before the court a witness who— (a) (b) is compellable to attend the court to give evidence; and has been summoned to attend the court to give evidence; 5 and fails to attend the court.
(c) The High Court may impose a fine not exceeding $1,000 on a witness brought before the court under subsection (1) who did not have a reasonable excuse for failing to attend the court.

10 The onus of proving a reasonable excuse is on the witness.
Compare: 1908 No 89 s 56A(1), (2) 15 Refusal to give evidence This section applies to a witness in a civil proceeding who, without reasonable excuse,— (a) (b) refuses to give evidence when required; or refuses to produce a document the witness has been re- quired to produce; or refuses to be sworn; or (c) (d) having been sworn, refuses to answer a question.
The High Court may order that, unless the witness complies with subsection (1), the witness is to be detained in custody for a period not exceeding 7 days and may issue a warrant to arrest and detain the witness.

The High Court may exercise the powers in subsection (2) if 25 the witness is again brought before the court, whether on 1 or more occasions, and still fails to comply with subsection (1).

This section does not limit the power of the High Court to punish the witness for contempt.
Compare: 1908 No 89 s 56B 20 30 High Court may require person to undergo medical examination The High Court may order a party to a civil proceeding to undergo a medical examination by a registered medical prac- titioner at a time and place specified in the order if the court is 35 satisfied, in the interests of justice, that the physical or mental 40 (1) (2) (3) 41 (1) (2) (3) (4) 42 (1) 46 (2) (3) (4) (5) 43 (1) (2) Judicature Modernisation Bill Part 1 cl 43 condition of the person is relevant to a matter in the proceed- ing.
The person to be examined may have a registered medical practitioner of the person’s own choice present at the exam- ination.

The court may order a party seeking the order to pay to the person to be examined a reasonable sum to meet— (a) the person’s travelling and other expenses in connection with the examination; and the expenses of having a registered medical practitioner 10 chosen by the person attend the examination.
(b) 5 The person to be examined must do the things reasonably requested and answer the reasonable questions asked by the medical practitioner who conducts the examination.

If the person to be examined fails, without reasonable excuse, 15 to comply with the order or wilfully obstructs the medical examination, the High Court may— stay the proceeding; or (a) strike out a notice, statement, or other document filed, (b) or a step taken, in the proceeding by the person to be 20 examined.
Compare: 1908 No 89 s 100 Subpart 3—Court of Appeal Constitution Court of Appeal continued There continues to be a Court of Appeal of New Zealand.

The Court of Appeal consists of— (a) a Judge of the High Court appointed by the Governor- General as a Judge of the Court of Appeal and as Presi- dent of that court; and no fewer than 5 nor more than 9 other Judges of the High Court appointed by the Governor-General as Judges of the Court of Appeal.

(b) 25 30 (3) The Court of Appeal is a court of record.
47 Part 1 cl 44 Judicature Modernisation Bill (4) 44 (1) (2) 45 (1) (2) The Court of Appeal is the same court as the Court of Appeal continued by section 57 of the Judicature Act 1908.

Compare: 1908 No 89 s 57(1), (2) Seal The Court of Appeal must have a seal, and the Registrar of the 5 court is responsible for the seal.

The seal must be used for sealing judgments, orders, certifi- cates, and any other document issued by the court that must be sealed.
Compare: 1908 No 89 s 74 10 Court of Appeal to sit in divisions For the purposes of proceedings in the Court of Appeal, the Court of Appeal sits in divisions comprising 3 Judges.

There are— (a) 1 or more divisions of the Court of Appeal for the pur- 15 poses of criminal proceedings; and 1 or more divisions of the Court of Appeal for the pur- poses of civil proceedings.

(b) (3) Each division may exercise all the powers of the Court of Ap- peal.
20 (4) A division may exercise the powers of the Court of Appeal even though 1 or more divisions of the court or a full court exercises those powers at the same time.

(5) A majority of the members of a division may, if they consider it desirable, refer a proceeding, or state a case, or reserve a ques- 25 tion for consideration by a full court of the Court of Appeal.

A full court has power to hear and determine the proceeding, case, or question.
Compare: 1908 No 89 s 58 Composition of criminal appeals division or divisions For the purposes of a criminal proceeding that is heard by a division, the Court of Appeal comprises— (a) 3 Judges of the Court of Appeal holding office under section 43(2) or 111; or 30 46 (1) 48 Judicature Modernisation Bill Part 1 cl 47 (b) (c) 2 Judges of the Court of Appeal holding office under section 43(2) or 111 and 1 Judge of the High Court appointed under subsection (2); or 1 Judge of the Court of Appeal holding office under section 43(2) or 111 and 2 Judges of the High Court 5 appointed under subsection (2).
The President of the Court of Appeal and the Chief High Court Judge may jointly appoint Judges of the High Court to be members of the Court of Appeal for the purposes of a proceed- ing or proceedings to which subsection (1) relates.

Judges may be appointed under subsection (2) either— in respect of a specified case or specified cases; or (a) in respect of every case to be heard by the Court of Ap- (b) peal during a specified period not exceeding 3 months.
10 (2) (3) (4) An appointment under subsection (2) may be made for 1 or 15 more 3-month periods, but no Judge may be a member of the Court of Appeal under that subsection or section 47(2) for more than 4 months in any calendar year.

For the purposes of this section, criminal proceeding means an appeal or application to the Court of Appeal under the Crim- 20 inal Procedure Act 2011.
Compare: 1908 No 89 s 58A (5) 47 (1) Composition of civil appeals division or divisions For the purposes of a civil proceeding that is heard by a div- ision, the Court of Appeal comprises— (a) 3 Judges of the Court of Appeal holding office under section 43(2) or 111; or 2 Judges of the Court of Appeal holding office under section 43(2) or 111 and 1 Judge of the High Court appointed under subsection (2); or 1 Judge of the Court of Appeal holding office under section 43(2) or 111 and 2 Judges of the High Court appointed under subsection (2).
(b) (c) 25 30 (2) The President of the Court of Appeal and the Chief High Court Judge may jointly appoint Judges of the High Court to be 35 members of the Court of Appeal for the purposes of a proceed- ing or proceedings to which subsection (1) relates.
49 Part 1 cl 46 Judicature Modernisation Bill (3) Judges may be appointed under subsection (2) either— in respect of a specified case or specified cases; or (a) in respect of every case to be heard by the Court of Ap- (b) peal during a specified period not exceeding 3 months.

(4) An appointment under subsection (2) may be made for 1 or 5 more 3-month periods, but no Judge may be a member of the Court of Appeal under that subsection or section 46(2) for more than 4 months in any calendar year.
For the purposes of this section, civil proceeding means— (a) an appeal to the Court of Appeal against a judgment 10 or order given or made in a proceeding other than a criminal proceeding: an application relating to an appeal of the kind referred to in paragraph (a): an application for leave to bring an appeal of the kind 15 referred to in paragraph (a): a proceeding transferred to the Court of Appeal under section 60.
(b) (c) (d) Compare: 1908 No 89 s 58B 20 Composition of divisions For the purposes of a proceeding that is heard by a division, the Court of Appeal comprises— (a) 3 Judges of the Court of Appeal holding office under section 43(2) or 111; or 2 Judges of the Court of Appeal holding office under 25 section 43(2) or 111 and 1 Judge of the High Court appointed under subsection (2); or 1 Judge of the Court of Appeal holding office under section 43(2) or 111 and 2 Judges of the High Court appointed under subsection (2).
30 (b) (c) The President of the Court of Appeal and the Chief High Court Judge may jointly appoint Judges of the High Court to be members of the Court of Appeal for the purposes of any pro- ceedings.

Judges may be appointed under subsection (2) either— in respect of a specified case or specified cases; or (a) in respect of every case to be heard by the Court of Ap- (b) peal during a specified period not exceeding 3 months.
35 (5) 46 (1) (2) (3) 50 Judicature Modernisation Bill Part 1 cl 49 (4) An appointment under subsection (2) may be made for 1 or more 3-month periods, but no Judge may be a member of the Court of Appeal under that subsection for more than 4 months in any calendar year.

Section 173 applies to an appointment under subsection (2) 5 despite anything in subsection (3) or (4).

Each division may exercise all the powers of the Court of Ap- peal.
(5) (6) (7) A division may exercise the powers of the Court of Appeal even though 1 or more divisions of the court or a full court 10 exercises those powers at the same time.

(8) A majority of the members of a division may, if they consider it desirable, refer a proceeding, or state a case, or reserve a ques- tion for consideration by a full court of the Court of Appeal.

A full court has power to hear and determine the proceeding, 15 case, or question.
Compare: 1908 No 89 ss 58A, 58B (2) 48 (1) Assignment of Judges to divisions Judges are assigned to act as members of a criminal or civil division of the Court of Appeal in accordance with a procedure 20 adopted from time to time by the Judges of the Court of Appeal holding office under section 43(2).

The President of the Court of Appeal must publish the proced- ure on an Internet site maintained by or on behalf of the court.
(3) A Judge of the High Court who is eligible to act as a Judge 25 of a division of the Court of Appeal may not be assigned to a division without the concurrence of the Chief High Court Judge.
Compare: 1908 No 89 s 58C 49 (1) Certain applications can be dealt with by 1 or 2 Judges Two Judges of the Court of Appeal (of whom at least 1 must hold office under section 43(2) and the other may be ap- pointed under section 47(2) or 111) can hear and determine in civil proceedings— (a) contested applications for leave to appeal to the Court 35 of Appeal: 30 51 Part 1 cl 49 Judicature Modernisation Bill (b) contested applications for extension of time to appeal to the Court of Appeal.
(2) If the 2 Judges are unable to agree on how the application should be decided, the application must be declined.

(3) Any other application to or matter in the Court of Appeal 5 (other than an appeal) may be heard and determined by a sin- gle Judge of the Court of Appeal (whether holding office under section 43(2) or appointed under section 47(2) or 110) on the papers, at an oral hearing, or in any other manner the Judge considers just.
Compare: 1908 No 89 s 61A(1), (2) 49 (1) Powers exercisable by Judges This section applies to all proceedings before the Court of Ap- peal other than proceedings under the Criminal Procedure Act 2011.

(2) Any 2 or more Judges of the Court of Appeal may act as the court to determine— (a) (b) any contested application for leave to appeal: any contested application for extension of time to ap- peal: any other contested application that effectively deter- mines or disposes of the substantive proceeding.
(c) 10 15 20 (4) (3) A single Judge of the Court of Appeal may act as the court to determine any uncontested application of the kind referred to in subsection (2) or other uncontested matter in the court 25 (other than an appeal).

If a single Judge acting under subsection (2) determines not to grant an application or not to resolve a matter in favour of a party, the party may apply to have the Judge’s determination confirmed by 2 or more Judges of the Court of Appeal.
The Judges who determine an application under subsection (4) may confirm, modify, or reverse the single Judge’s deter- mination.

Every application or matter dealt with under this section must be determined on the papers, unless the Judge or Judges order 35 (5) (6) 30 52 50 (1) (2) 51 (1) Judicature Modernisation Bill Part 1 cl 51 that it be determined at an oral hearing or in any other manner considered just by the Judge or Judges.
Compare: 1908 No 89 s 61A(1), (2) Review of determination of single Judge of Court of Appeal The Court of Appeal may, on application by a person who is dissatisfied with the determination of a Judge of the court under section 49(3), review the determination.

The court may— (a) (b) confirm or vary the decision; or set the decision aside and make any other decision the court thinks fit.
5 10 Compare: 1908 No 89 s 61A(3) Court of Appeal to sit as full court in certain cases The Court of Appeal must sit as a full court to hear and deter- 15 mine— (a) cases that are considered, in accordance with the pro- cedure adopted under section 52, to be of sufficient significance to warrant the consideration of a full court: a proceeding, case, or question referred under section 20 45(5) for hearing and determination by a full court: an appeal from a decision of the Court Martial Appeal Court under section 10 of the Court Martial Appeals Act 1953.
(b) (c) (2) A full court of the Court of Appeal consists of 5 Judges.

(3) A full court is constituted only by Judges of the Court of Ap- 25 peal holding office under section 43(2).
(4) Despite subsection (2), it is not necessary for a proceeding to be reheard if, before the determination of the proceeding, 1 or more members of the full court before whom the proceeding 30 is being or was heard— (a) (b) (c) The remaining members of the full court may continue to act 35 as a full court for the purposes of this section and have power dies; or becomes seriously ill; or is unavailable for any other reason.
(5) 53 Part 1 cl 52 Judicature Modernisation Bill to determine the proceeding or any incidental matter, including the question of costs, that may arise in the proceeding.

Compare: 1908 No 89 s 58D 52 (1) (2) 53 (1) Cases of sufficient significance for full court The question whether a case is of sufficient significance to 5 warrant the consideration of a full court must be determined in accordance with the procedure adopted by the Judges of the Court of Appeal holding office under section 43(2).
The President of the Court of Appeal must publish the proced- ure on an Internet site maintained by or on behalf of the court.

10 Compare: 1908 No 89 s 58E Authority of High Court Judges to act as Judges of Court of Appeal The fact that a High Court Judge acts as a Judge of the Court of Appeal is conclusive evidence of the Judge’s authority to do 15 so.
No judgment or determination given or made by the Court of Appeal while the Judge so acts may be questioned on the ground that the occasion for the Judge acting had not arisen or had ceased to exist.

(2) A Judge of the High Court who has acted as a Judge of the 20 Court of Appeal may attend sessions of the Court of Appeal for the purpose of giving a judgment or imposing a sentence or completing a proceeding heard by the Court of Appeal while the Judge acted as a Judge of the court.
Compare: 1908 No 89 s 58G 25 54 (1) (2) Judgment of Court of Appeal The judgment of the Court of Appeal must be in accordance with the opinion of a majority of the Judges hearing the pro- ceeding.

If the Judges are equally divided, the judgment or order ap- 30 pealed from or under review is taken as affirmed.

(3) A judgment of the Court of Appeal may be given in the manner prescribed by rules made under section 145.
Compare: 1908 No 89 s 59 54 Judicature Modernisation Bill Part 1 cl 57 55 (1) (2) 56 (1) Sessions of Court of Appeal The President of the Court of Appeal presides at a session of the court at which he or she is present.

If the President is not present, the senior Judge of the Court of Appeal who is present presides.

Compare: 1908 No 89 s 60(2), (3) 5 Adjournments The Court of Appeal may adjourn a session of the court to a time and place appointed by the court.
(2) One of more Judges of the Court of Appeal may adjourn a 10 session of the Court of Appeal to a time and place appointed by the Judge or Judges if it is necessary to do so because 1 or more Judges of the Court of Appeal are not present at the session.

If none of the Judges is present at the time appointed for a 15 session of the court, the Registrar of the Court of Appeal must adjourn the session and may determine the time and place of the next session.
Compare: 1908 No 89 ss 60(4), 61 (3) Jurisdiction 57 (1) Jurisdiction The Court of Appeal has jurisdiction and power to may hear and determine appeals— (a) (b) (c) from a judgment, decree, or order of the High Court: under the Criminal Procedure Act 2011: from any court or tribunal under any other Act that con- fers on the Court of Appeal jurisdiction and power to hear and determine an appeal.

20 25 (2) Subsection (1) is subject to subsections (3) (2A) and (4) and to rules made under section 145.
30 (3) No appeal lies from an interlocutory order of the High Court in respect of any civil proceeding unless leave to appeal to the Court of Appeal is given by the High Court on application made within 10 working days after the date of the decision being given or within any further time that the High Court may 35 allow.
55 Part 1 cl 58 Judicature Modernisation Bill (2A) No appeal, except an appeal under subsection (3), lies from any order or decision of the High Court made on an interlocu- tory application in respect of any civil proceeding unless leave to appeal to the Court of Appeal is given by the High Court on application made within 20 working days after the date of 5 that order or decision or within any further time that the High Court may allow.
(3) Any party to any proceedings may appeal without leave to the Court of Appeal against any order or decision of the High Court— (a) 10 striking out or dismissing the whole or part of a pro- ceeding, claim, or defence; or granting summary judgment.

(b) If the High Court refuses leave to appeal under subsection (3) (2A), the Court of Appeal may grant that leave on applica- 15 tion made to the Court of Appeal within 20 working days after the date of the refusal of leave by the High Court.
If leave to appeal under subsection (2A) or (4) is refused in respect of an order or decision of the High Court made on an interlocutory application, nothing in this section prevents 20 any point raised in the application for leave to appeal from being raised in an appeal against the substantive High Court decision.
Compare: 1908 No 89 s 66 Court of Appeal may remit proceeding to High Court The Court of Appeal may— (a) (b) remit a proceeding to the High Court; or order a new trial in the High Court of a civil or criminal proceeding that is the subject of an appeal to the Court of Appeal.

Compare: 1908 No 89 s 62 25 30 Judgment of Court of Appeal may be enforced by High Court A judgment, order, or decree of the Court of Appeal may be enforced by the High Court as if it had been given or made by 35 the High Court.
Compare: 1908 No 89 s 63 (4) (5) 58 59 56 Judicature Modernisation Bill Part 1 cl 60 60 Transfer of civil proceeding from High Court to Court of Appeal (1) A party to a civil proceeding in the High Court may, with the leave of the Court of Appeal, apply for an order transferring the proceeding to the Court of Appeal.
In determining whether to grant leave and in determining whether to make an order transferring the proceeding, the Court of Appeal must be satisfied that the circumstances of the proceeding are exceptional.
(2) 5 (3) Without limiting subsection (2), the circumstances may be 10 exceptional if— (a) (b) (c) the party to the proceeding intends to submit that a rele- vant decision of the Court of Appeal should be over- ruled: the proceeding raises an issue of considerable public 15 importance that— (i) (ii) needs to be determined urgently; and is unlikely to be determined urgently if the pro- ceeding is heard and determined by both the High Court and the Court of Appeal: 20 the proceeding does not raise a question of fact or a significant question of fact, but raises a question of law that is the subject of conflicting decisions of the Court of Appeal.
(4) In deciding whether to grant leave and in determining whether 25 to make an order transferring the proceeding, the Court of Ap- peal must have regard to the following matters: (a) the primary purpose of the Court of Appeal as an appel- late court: the desirability of obtaining a determination of the pro- 30 ceeding in the High Court and a review of that deter- mination on appeal: whether a full court of the High Court could effectively determine the question in issue: (b) (c) (d) whether the proceeding raises a question of fact or a 35 (e) significant question of fact: whether the parties have agreed to the transfer of the proceeding: 57 Part 1 cl 61 Judicature Modernisation Bill (5) (6) (7) 61 (1) (f) any other matter to which regard should be had in the public interest.
It is not a sufficient ground to grant leave that the parties agree to the transfer.

The Court of Appeal has the jurisdiction of the High Court to 5 hear and determine a proceeding transferred under this section.

The Court of Appeal may transfer back to the High Court a proceeding that has been transferred to the Court of Appeal.
Compare: 1908 No 89 s 64 Appeals against decisions of High Court on appeal from 10 District Court, Family Court, or Youth Court The decision of the High Court on appeal from the District Court, the Family Court, or the Youth Court is final unless a party, on application, obtains leave to appeal against the deci- sion to the Court of Appeal.
15 (3) (2) An application under subsection (1) for leave to appeal to the Court of Appeal must be made to the High Court or, if the High Court refuses leave, to the Court of Appeal.

If leave to appeal is obtained under subsection (1), the deci- sion of the Court of Appeal is final unless a party obtains leave 20 to appeal against that decision to the Supreme Court.
If there is non-compliance with any procedural rules in relation to an application or appeal under this section before the Court of Appeal, the court may dismiss the application or appeal or deal with it in any other manner and on any terms that the court 25 decides.

Subsections (1) to (3) (3A) are subject to subpart 4.
Compare: 1908 No 89 s 67 (3A) (4) 62 (1) Reasons for granting or refusing leave to appeal The Court of Appeal may, but does not have to, give reasons 30 for granting or refusing leave to appeal to the Court of Appeal.

(1A) The Court of Appeal must give reasons for refusing leave to appeal to the Court of Appeal.

Reasons given by the Court of Appeal may be stated— (a) briefly; and 35 (2) 58 Judicature Modernisation Bill Part 1 cl 62A in general terms only.
(b) Compare: 2003 No 53 s 16 62A Procedure if Judges absent (1) (2) (3) (4) (5) (6) This section applies if, because of the death or unavailability of 1 of the Judges of the Court of Appeal who are about to begin 5 or have begun hearing a proceeding, only 2 of those Judges remain available to hear and determine the proceeding.

The remaining Judges must decide whether the proceeding must be adjourned or reheard, or may continue.
If the remaining Judges decide that the proceeding may con- 10 tinue,— (a) they may— (i) act as the Court of Appeal in relation to the pro- ceeding and hear and determine the proceeding; and 15 (ii) make any order or decision on any interlocutory application; and (b) (iii) make any order or decision as to costs; and a reference in section 54(1) to a majority of the Judges hearing the proceeding must be read as a reference to a 20 majority of those remaining Judges.
If the death or unavailability occurs while judgment is reserved in the proceeding, the remaining Judges must decide— (a) whether the judgment should be produced or completed, and (if so) who should produce or complete the judg- 25 ment; or (b) whether the proceeding should be reheard.

If, at the time appointed for a session of the Court of Appeal, 1 or more Judges are absent, the Judge or Judges present may adjourn or further adjourn the session to some other time.
If none of the Judges of the Court of Appeal is present at the time appointed for a session of the court, the Registrar of the Court of Appeal must adjourn the session and may determine the time and place of the next session.
Compare: 2003 No 53 s 30 30 35 59 Part 1 cl 63 Judicature Modernisation Bill Registrar and other officers of Court of Appeal Appointment of Registrar, Deputy Registrar, and other officers of Court of Appeal A Registrar, a Deputy Registrar, and other officers may be appointed under the State Sector Act 1988 for the conduct of 5 the business of the Court of Appeal.
Compare: 1908 No 89 s 72 Powers of Registrar and Deputy Registrar The Registrar has the powers and duties— (a) (b) conferred by this Part, any other enactment, or rules 10 made under section 145: necessary or desirable to ensure the efficient and effect- ive administration of the business of the Court of Ap- peal.

The Deputy Registrar has the same duties and powers as the 15 Registrar.

Subsection (2) is subject to a provision to the contrary in any rules made under section 145 or any other enactment.
Compare: 1908 No 89 s 73 Subpart 4—Supreme Court Preliminary matters 20 Interpretation In this subpart, unless the context otherwise requires,— civil proceeding— (a) means a proceeding that is not a criminal proceeding; 25 and includes a proceeding under the Bail Act 2000 (b) decision includes a judgment, decree, order, direction, or de- termination District Court includes— (a) (b) High Court includes the High Court sitting— (a) the Family Court and the Youth Court; and the District Court sitting in its admiralty jurisdiction in its admiralty jurisdiction; or 30 63 64 (1) (2) (3) 65 60 5 10 Judicature Modernisation Bill Part 1 cl 65 (b) as a permanent Prize Court under the jurisdiction con- ferred by section 8 of the Admiralty Act 1973 interlocutory application— (a) means an application in a proceeding or intended pro- ceeding for— (i) an order or a direction relating to a matter of procedure; or in the case of a civil proceeding, for relief ancil- lary to the relief claimed in the proceeding; and (ii) (b) (c) includes an application for a new trial; and includes an application to review a decision made on an interlocutory application New Zealand court means— (a) the Supreme Court, the Court of Appeal, the High Court, or the District Court: or any of the following specialist courts: the Court Mar- tial of New Zealand established under section 8 of the Court Martial Act 2007, the Court Martial Appeal Court constituted by the Court Martial Appeals Act 1953, the Employment Court, the Environment Court, the Māori
 20 Appellate Court, and the Māori Land Court 15 (b) Registrar means the Registrar of the Supreme Court ap- pointed under section 87 Supreme Court means the Supreme Court continued by sec- tion 66 working day means a day of the week other than— (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and the day observed as anniversary day in Wellington; and 30 if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and a day in the period commencing on 25 December in any year and ending with 15 January in the following year.
(b) (c) (d) 25 Compare: 2003 No 53 s 4 35 61 Part 1 cl 66 Judicature Modernisation Bill Constitution of Supreme Court Supreme Court continued There continues to be a Supreme Court of New Zealand.

The Supreme Court consists of— the Chief Justice; and (a) no fewer than 4 nor more than 5 other Judges appointed (b) by the Governor-General as Judges of the Supreme Court.

5 The Supreme Court is a court of record.

The jurisdiction of the Supreme Court is not affected by a va- 10 cancy in its membership.
Compare: 2003 No 53 ss 6, 17 Seal The Supreme Court must have a seal, and the Registrar of the Supreme Court is responsible for the seal.

The seal must be used for sealing judgments, orders, certifi- cates, and any other document issued by the Supreme Court that must be sealed.
Compare: 2003 No 53 s 38 Jurisdiction of Supreme Court 15 20 Appeals against decisions of Court of Appeal in civil cases The Supreme Court can may hear and determine an appeal by a party to a civil proceeding in the Court of Appeal against a decision made in the proceeding, unless— (a) an enactment other than this Part makes provision to 25 the effect that there is no right of appeal against the decision; or the decision is a refusal to give leave or special leave to appeal to the Court of Appeal.
(b) Compare: 2003 No 53 s 7 30 Appeal against decisions of High Court in civil proceedings The Supreme Court can may hear and determine an appeal by a party to a civil proceeding in the High Court against a decision made in the proceeding, unless— 66 (1) (2) (3) (4) 67 (1) (2) 68 69 62 Judicature Modernisation Bill Part 1 cl 73 (a) (b) an enactment other than this Part makes provision to the effect that there is no right of appeal against the decision; or the decision is a refusal to give leave or special leave to appeal to the High Court or the Court of Appeal; or the decision was made on an interlocutory application.
5 (c) Compare: 2003 No 53 s 8 70 71 72 Appeals against decisions of other courts in civil proceedings The Supreme Court can may hear and determine an appeal 10 against a decision made in a civil proceeding in a New Zealand court other than the Court of Appeal or the High Court to the extent only that an enactment other than this Part provides for the bringing of an appeal against the decision to the Supreme Court.
Compare: 2003 No 53 s 9 15 Appeals against decisions in criminal proceedings The Supreme Court can may hear and determine appeals au- thorised by— (a) (b) Part 6 of the Criminal Procedure Act 2011; or section 10 or 10A of the Court Martial Appeals Act 1953.
Compare: 2003 No 53 s 10 Procedural requirements Sections 68 to 71 are subject to— (a) (b) this Part; and all applicable rules, orders, and directions for regulat- ing the terms and conditions on which appeals may be allowed, made, or given under this Part.

Compare: 2003 No 53 s 11 20 25 30 Leave to appeal Appeals to be by leave 73 (1) Appeals to the Supreme Court can may be heard only with the court’s leave.
63 Part 1 cl 74 Judicature Modernisation Bill (2) A reference in an enactment other than this Part to the leave of the Supreme Court must be read subject to sections 74 and 75.

Compare: 2003 No 53 s 12 Criteria for leave to appeal The Supreme Court must not give leave to appeal to it unless it is satisfied that it is necessary in the interests of justice for the court to hear and determine the appeal.
It is necessary in the interests of justice for the Supreme Court to hear and determine a proposed appeal if— (a) the appeal involves a matter of general or public import- ance; or a substantial miscarriage of justice may have occurred, or may occur unless the appeal is heard; or the appeal involves a matter of general commercial sig- 15 nificance.

5 10 (b) (c) For the purposes of subsection (2)(a), a significant issue re- lating to the Treaty of Waitangi is a matter of general or public importance.
The Supreme Court must not give leave to appeal to it against 20 an order made by the Court of Appeal on an interlocutory ap- plication unless satisfied that it is necessary in the interests of justice for the Supreme Court to hear and determine the pro- posed appeal before the proceeding concerned is concluded.

Subsection (2) does not limit the generality of subsection 25 (1) and subsection (3) does not limit the generality of sub- section (2)(a).
Compare: 2003 No 53 s 13 No direct appeal from court other than Court of Appeal unless exceptional circumstances established The Supreme Court must not give leave to appeal directly to it against a decision made, a conviction entered, or a sentence imposed, in a proceeding in a New Zealand court other than the Court of Appeal unless the court is satisfied,— 30 74 (1) (2) (3) (4) (5) 75 64 Judicature Modernisation Bill Part 1 cl 77 (a) (b) in accordance with section 74, that it is necessary in the interests of justice for the court to hear and deter- mine the appeal; and that there are exceptional circumstances that justify tak- ing the proposed appeal directly to the court.
Compare: 2003 No 53 s 14 76 (1) Applications for leave The parties to an application for leave to appeal to the Supreme Court may make written submissions to the court, and may include in the submissions— (a) (b) additional relevant written material; and responses to submissions made by another party.
(2) Neither the parties nor their representatives have a right to ap- pear before the court on the application; but the court may, if it thinks fit,— (a) authorise the parties, their representatives, or both to appear: exclude from any authority to appear a party who is an appellant in custody.

(b) (3) (4) 77 (1) (2) In determining the application, the court must consider— (a) (b) the written submissions before it; and if an oral hearing was held, the matters raised at the hearing.
The court may consider the written submissions in any manner it thinks fit.

Compare: 2003 No 53 s 15 Court to state reasons for refusal to give leave The Supreme Court must state its reasons for refusing to give leave to appeal to it.

The reasons may be stated— (a) (b) Compare: 2003 No 53 s 16 briefly; and in general terms only.
65 Part 1 cl 78 Judicature Modernisation Bill Powers and judgment of Supreme Court 78 Appeals to proceed by way of rehearing Appeals to the Supreme Court proceed by way of rehearing.
Compare: 2003 No 53 s 24 General powers 79 (1) On an appeal in a proceeding that has been heard in a New 5 Zealand court, the Supreme Court— (a) (b) can may make any order or grant any relief that could have been made or granted by that court; and even if the proceeding has not been heard in the Court 10 of Appeal, has the powers the Court of Appeal would have if hearing the appeal.
In a proceeding, the Supreme Court can make any ancillary or interlocutory order (including an order as to costs) it thinks fit.

In a proceeding, the Supreme Court may, as it thinks fit, 15 make— (a) (b) any ancillary order; and any order or decision on an interlocutory application; and any order as to costs.
(c) Compare: 2003 No 53 s 25 20 25 Power to remit proceeding The Supreme Court can may remit a proceeding that began in any New Zealand court to a New Zealand court that has jurisdiction to deal with it.

Compare: 2003 No 53 s 26 Exercise of powers of court For the purposes of the hearing and determination of a pro- ceeding, the Supreme Court comprises 5 Judges of the court.
Two or more permanent Judges of the Supreme Court can may 30 act as the court— (a) to decide whether an oral hearing of an application for leave to appeal to the court should be held, or the appli- cation should be determined just on the basis of written submissions: 35 (2) (2) 80 81 (1) (2) 66 Judicature Modernisation Bill Part 1 cl 83 (b) to determine an application for leave to appeal to the court.
(3) A judgment of the Supreme Court may be delivered in the manner and by the number of Judges provided by rules made under section 145.

This section is subject to sections 82(1) and 84(1).
Compare: 2003 No 53 s 27 (4) 5 82 10 (1) (1) Interlocutory orders and directions Orders and directions on interlocutory applications may be made or given by 1 Judge In a proceeding before the Supreme Court, a permanent Judge of the court may make an interlocutory order and give an inter- locutory direction the Judge thinks fit.
In a proceeding before the Supreme Court, a permanent Judge of the court may, on an interlocutory application, make any 15 order and give any direction that the Judge thinks fit (other than an order or direction excluded by subsection (2)).

Subsection (1) does not apply to an order or a direction that determines the proceeding or disposes of a question or an issue that is before the court in the proceeding.
(3) A permanent Judge of the Supreme Court may— (2) 20 (a) (b) review a decision of the Registrar made within the civil jurisdiction of the court under a power conferred on the Registrar by a rule made under section 145; and confirm, modify, or revoke that decision as the Judge 25 thinks fit.
(4) The Judges of the Supreme Court who together have jurisdic- tion to hear and determine a proceeding may— (a) discharge or vary an order or a direction made or given under subsection (1); or confirm, modify, or revoke a decision confirmed or modified under subsection (3).

(b) Compare: 2003 No 53 s 28 83 (1) Presiding Judge The Chief Justice presides over the Supreme Court.
67 30 35 Part 1 cl 84 Judicature Modernisation Bill If the Chief Justice is absent, or the office of Chief Justice is vacant, the most senior available Judge of the Supreme Court presides over the court.

The fact that a Judge of the Supreme Court other than the Chief Justice presides over the court is conclusive proof of the 5 Judge’s authority to do so.
No action of the Judge, and no judgment or decision of the court, may be questioned on the ground that the occasion for the Judge to preside over the court had not arisen or had ceased.

Compare: 2003 No 53 s 29 10 Procedure if Judges absent This section applies if, because of the death or unavailability of 1 or 2 of the Judges of the Supreme Court who are about to begin or have begun hearing a proceeding, only 3 or 4 of those Judges remain available to hear and determine the proceeding.
15 The remaining Judges must decide whether the proceeding must be adjourned or reheard, or may continue.

If the remaining Judges decide that the proceeding may con- tinue,— (a) they may act as the Supreme Court in relation to the 20 proceeding and can hear and determine it and any inter- locutory matters (including the question of costs); and a reference in section 85(1) to a majority of the Judges hearing the proceeding must be read as a reference to a majority of those remaining Judges.
(b) 25 If the remaining Judges decide that the proceeding may con- tinue,— (a) they may— (i) act as the Supreme Court in relation to the pro- ceeding and hear and determine the proceeding; 30 and (ii) make any order or decision on any interlocutory application; and (b) (iii) make any order or decision as to costs; and a reference in section 85(1) to a majority of the Judges 35 hearing the proceeding must be read as a reference to a majority of those remaining Judges.
(2) (3) 84 (1) (2) (3) (3) 68 Judicature Modernisation Bill Part 1 cl 87 (3A) (4) (5) 85 (1) (2) 86 If the death or unavailability occurs while judgment is reserved in the proceeding, the remaining Judges must decide— (a) whether the judgment should be produced or completed, and (if so) who should produce or complete the judg- ment; or 5 (b) whether the proceeding should be reheard.
If, at the time appointed for a session of the Supreme Court, 1 or more Judges are absent, the Judge or Judges present may adjourn or further adjourn the session to some other time.

If none of the Judges of the Supreme Court is present at the 10 time appointed for a session of the court, the Registrar of the Supreme Court must adjourn the session and may determine the time and place of the next session.
Compare: 2003 No 53 s 30 Judgment of Supreme Court The judgment of the Supreme Court must be in accordance with the opinion of a majority of the Judges hearing the pro- ceeding concerned.

If the Judges are equally divided in opinion, the decision ap- pealed from or under review is taken to be affirmed.
Compare: 2003 No 53 s 31 15 20 Decisions of Supreme Court may be enforced by High Court A judgment, decree, or order of the Supreme Court may be enforced by the High Court as if it had been given or made by 25 the High Court.

Compare: 2003 No 53 s 32 Registrar and other officers of Supreme Court 87 Appointment of Registrar, Deputy Registrar, and other officers of Supreme Court 30 (1) A Registrar of the Supreme Court must be appointed under the State Sector Act 1988.
69 Part 1 cl 88 Judicature Modernisation Bill There may also be appointed under that Act Deputy Registrars of the Supreme Court, and any other officers required for the conduct of the court’s business.

Compare: 2003 No 53 s 36 Powers of Registrar The Registrar, Deputy Registrars, and other officers of the Supreme Court have the powers and duties conferred or im- posed by this Part, rules made under section 145, or any other enactment.
Compare: 2003 No 53 s 37 5 10 Subpart 5—Senior court Judges Head Judges Head of New Zealand judiciary The Chief Justice is the head of the New Zealand judiciary.

Compare: 2003 No 53 s 18(1) 15 Head of Supreme Court The Chief Justice is the head of the Supreme Court and is re- sponsible for ensuring the orderly and efficient conduct of the Supreme Court’s business.
The Chief Justice may make all necessary arrangements for— 20 (a) (b) the sessions of the Supreme Court; and the conduct of the Supreme Court’s business.

Head of Court of Appeal The President of the Court of Appeal is the head of the Court of Appeal and is responsible to the Chief Justice for ensuring 25 the orderly and efficient conduct of the Court of Appeal’s busi- ness.
The President of the Court of Appeal may make all necessary arrangements for— (a) (b) the sessions of the Court of Appeal; and the conduct of the Court of Appeal’s business.

30 (2) 88 89 90 (1) (2) 91 (1) (2) 70 92 (1) (2) 93 94 Judicature Modernisation Bill Part 1 cl 94 Head of High Court The Chief High Court Judge is the head of the High Court and is responsible to the Chief Justice for ensuring the orderly and efficient conduct of the High Court’s business.
The Chief High Court Judge may make all necessary arrange- 5 ments for— (a) (b) Compare: 1908 No 89 s 4B the sessions of the High Court; and the conduct of the High Court’s business.
Judicial appointment process 10 Attorney-General to publish information concerning judicial appointment process The Attorney-General must publish information explaining his or her process for— (a) seeking expressions of interest for the appointment of 15 Judges and Associate Judges; and recommending persons for appointment as a Judge or an Associate Judge.
(b) Eligibility for appointment Eligibility for appointment as Judge or Associate Judge A person may only be appointed a Judge or an Associate Judge if— (a) that person has, for at least 7 years, held a New Zealand practising certificate as a barrister or as a barrister and solicitor; or that person— (i) (b) (ii) (iii) holds a degree in law granted or issued by any university within New Zealand; and has been admitted as a barrister and solicitor of the High Court; and has held a practising certificate in a jurisdiction specified by Order in Council— (A) (B) for at least 7 years; or for a lesser number of years, but, when that number of years is added to the num- 35 ber of years that the person has held a 20 25 30 71 Part 1 cl 95 Judicature Modernisation Bill New Zealand practising certificate, total number of years is at least 7 years.
the Compare: 1908 No 89 ss 6, 26C(4) Eligibility for appointment as Court of Appeal Judge A person may only be appointed a Court of Appeal Judge if 5 that person is— (a) (b) a High Court Judge; or appointed a High Court Judge at the same time as being appointed a Court of Appeal Judge.
Compare: 1908 No 89 s 57(3) Eligibility for appointment as Supreme Court Judge A person may only be appointed a Supreme Court Judge if that person is— (a) (b) (c) a Court of Appeal Judge; or a High Court Judge; or appointed a High Court Judge at the same time as being appointed a Supreme Court Judge.
Compare: 2003 No 53 s 20(1) 10 15 Eligibility for appointment as Chief High Court Judge A person may only be appointed the Chief High Court Judge 20 if that person— is— (a) (i) (ii) a High Court Judge; or appointed a High Court Judge at the same time as being appointed the Chief High Court Judge; but 25 (b) is not— (i) (ii) a Supreme Court Judge; or a Court of Appeal Judge.
Compare: 1908 No 89 s 4A(1) Eligibility for appointment as President of Court of Appeal 30 A person may only be appointed the President of the Court of Appeal if that person— (a) is— (i) a High Court Judge; or 95 96 97 98 72 Judicature Modernisation Bill Part 1 cl 99 (ii) appointed a High Court Judge at the same time as being appointed the President of the Court of Appeal; but (b) is not a Supreme Court Judge.
99 Eligibility for appointment as Chief Justice A person may only be appointed the Chief Justice if that per- son— (a) 5 is— (i) (ii) a High Court Judge; or appointed a High Court Judge at the same time 10 as being appointed the Chief Justice; but (b) is not a Court of Appeal Judge.
Eligibility for appointment as President of Court of Appeal 98 (1) A person may only be appointed the President of the Court of Appeal if that person is— (a) (b) a High Court Judge; or appointed a High Court Judge at the same time as being appointed the President of the Court of Appeal.

If a person who is a Supreme Court Judge is appointed the President of the Court of Appeal, the person immediately 20 ceases to hold office as a Supreme Court Judge.
15 (2) (3) A person who ceases to hold office as a Supreme Court Judge under subsection (2) may nevertheless continue in that of- fice to determine, give judgment in, or otherwise complete a proceeding heard by that person (either alone or with others) 25 when he or she sat in the Supreme Court.
Eligibility for appointment as Chief Justice 99 (1) A person may only be appointed the Chief Justice if that person is— (a) (b) a High Court Judge; or appointed a High Court Judge at the same time as being appointed the Chief Justice.

(2) If a person who is a Court of Appeal Judge is appointed the Chief Justice, the person immediately ceases to hold office as a Court of Appeal Judge.
30 35 73 Part 1 cl 100 Judicature Modernisation Bill (3) A person who ceases to hold office as a Court of Appeal Judge under subsection (2) may nevertheless continue in that of- fice to determine, give judgment in, or otherwise complete a proceeding heard by that person (either alone or with others) when he or she sat in the Court of Appeal.

5 Appointments 100 (1) (2) Judges appointed by Governor-General The Chief Justice is appointed by the Governor-General on the recommendation of the Prime Minister.
Every other Judge, and every Associate Judge, is appointed 10 by the Governor-General on the recommendation of the At- torney-General.

Compare: 1908 No 89 ss 4(2); 2003 No 53 s 17(1)(b) 101 Appointment as permanent Judge (1) A Judge is appointed as a permanent Judge of a court unless 15 the Judge is appointed as an acting Judge.

(2) An Associate Judge is appointed as a permanent Associate Judge of the High Court unless the Associate Judge is ap- pointed as an acting Associate Judge.
Compare: 1908 No 89 ss 4C(1), 26D(1), 57A(1) 101A High Court Judge or Associate Judge may not hold lower judicial office (1) When a person who is a District Court Judge is appointed a High Court Judge or an Associate Judge, that person ceases to hold office as a District Court Judge.
(2) A person who ceases to hold office as a District Court Judge under subsection (1) may nevertheless continue in that of- fice to determine, give judgment in, or otherwise complete a proceeding heard by that person (either alone or with others) when he or she sat in the District Court.

(3) When a person who is an Employment Court Judge is ap- pointed a High Court Judge or an Associate Judge, that person ceases to hold office as an Employment Court Judge.
(4) A person who ceases to hold office as an Employment Court 20 25 30 Judge under subsection (3) may nevertheless continue in that 35 74 Judicature Modernisation Bill Part 1 cl 104 office to determine, give judgment in, or otherwise complete a proceeding heard by that person (either alone or with others) when he or she sat in the Employment Court.
101B Court of Appeal Judge continues as Judge of High Court When appointed a Judge of the Court of Appeal, that Judge 5 continues to be a Judge of the High Court and may sit as, or exercise the powers of, a Judge of the High Court.
Compare: 1908 No 89 s 57(4) 102 Supreme Court Judge continues as Judge of High Court but no other court 10 (1) When appointed a Supreme Court Judge, a person— (a) (b) immediately before being appointed a Supreme 15 continues to be a High Court Judge and may exercise any of the powers of a High Court Judge; but vacates ceases to hold office as a Court of Appeal Judge if, Court Judge, the person was a Court of Appeal Judge.
(2) A Supreme Court Judge who has vacated ceases to hold of- fice as a Judge of the Court of Appeal (under subsection (1)(b)) may nevertheless continue in office to determine, give judgment in, or otherwise complete a proceeding heard by the 20 Judge (either alone or with others) when he or she sat in that court.
Compare: 2003 No 53 ss 20(2), 21 103 Court of Appeal Judge continues as Judge of High Court When appointed a Judge of the Court of Appeal, that Judge 25 continues to be a Judge of the High Court and may sit as, or exercise the powers of, a Judge of the High Court.

Compare: 1908 No 89 s 57(4) 104 Terms and conditions of appointment not to be changed without consent 30 (1) No changes may be made to the terms and conditions of a Judge’s appointment without the Judge’s consent.
75 Part 1 cl 105 Judicature Modernisation Bill (2) No changes may be made to the terms and conditions of an Associate Judge’s appointment without the Associate Judge’s consent.

Compare: 1908 No 89 ss 4C(7), 26D(7), 57A(7) Part-time Judges 5 105 Attorney-General may authorise Judges to sit part-time (1) Judges (other than Supreme Court Judges) and Associate Judges may seek the authorisation of the Attorney-General to sit part-time for a specified period.
The Attorney-General may grant an authorisation sought by a 10 Judge or an Associate Judge under subsection (1) only with the agreement of— (a) (2) the President of the Court of Appeal, if the Judge is a Court of Appeal Judge: the Chief High Court Judge, if— (i) the Judge is a High Court Judge but not a Court of Appeal Judge; or the Judge is an Associate Judge.
(ii) 15 (b) (3) An authorisation may take effect from— (a) the date the Judge or Associate Judge commences of- 20 fice; or any other date specified in the authorisation.

(4) A Judge or an Associate Judge may be authorised to sit part- (b) time for a specified period on more than 1 occasion.

(5) A Judge or an Associate Judge authorised to sit part-time for a 25 specified period resumes sitting on a full-time basis at the end of that period.
Compare: 1908 No 89 ss 4C(1)–(6), 26D(2)–(6), 57A(2)–(6) Acting Judges 106 Acting Chief Justice (1) While the office of the Chief Justice is vacant, the senior Judge 30 of the Supreme Court is authorised to act as Chief Justice.

(2) While the Chief Justice is outside New Zealand, the Chief Just- ice may authorise a Supreme Court Judge who is available to act as Chief Justice.
35 76 Judicature Modernisation Bill Part 1 cl 107 (3) If, because of illness or a reason other than absence from New Zealand, the Chief Justice is unable to perform the duties of that office, the Attorney-General may authorise a Supreme Court Judge who is available to act as Chief Justice until the Chief Justice resumes those duties.

5 (1) During any period that the office of the Chief Justice is va- cant, the most senior available Judge of the Supreme Court is authorised to act as Chief Justice.
(2) During any period that the Chief Justice is unable for any rea- son (including illness) to perform the duties of that office, the 10 next most senior available Judge of the Supreme Court is au- thorised to act as Chief Justice.

(4) A Judge authorised under subsections (1) to (3) (1) or (2) to act as Chief Justice is empowered while so acting to— perform the duties of the Chief Justice; and (a) (b) exercise any power of the Chief Justice.
This section does not affect clause 12 of the Letters Patent Constituting the Office of Governor-General of New Zealand.

Compare: 2003 No 53 s 19(1)–(3), (5) (5) 107 Acting President of Court of Appeal (1) While the office of the President of the Court of Appeal is vacant, the senior Judge of the Court of Appeal is authorised to act as President of the Court of Appeal.
(2) While the President of the Court of Appeal is outside New 15 20 (3) Zealand, the President of the Court of Appeal may authorise a 25 Court of Appeal Judge who is available to act as President of the Court of Appeal.
If, because of illness or a reason other than absence from New Zealand, the President of the Court of Appeal is unable to per- form the duties of that office, the Attorney-General may au- 30 thorise a Court of Appeal Judge who is available to act as President of the Court of Appeal until the President of the Court of Appeal resumes those duties.
(1) During any period that the office of the President of the Court of Appeal is vacant, the most senior available Judge of the 35 Court of Appeal is authorised to act as President of the Court of Appeal.
77 Part 1 cl 108 Judicature Modernisation Bill (2) During any period that the President of the Court of Appeal is unable for any reason (including illness) to perform the du- ties of that office, the next most senior available Judge of the Court of Appeal is authorised to act as President of the Court of Appeal.
(4) A Judge authorised under subsections (1) to (3) (1) or (2) to act as President of the Court of Appeal is empowered while so acting to— (a) perform the duties of the President of the Court of Ap- peal; and exercise any power of the President of the Court of Ap- peal.

(b) 5 10 Compare: 1908 No 89 s 57(7) 108 Acting Chief High Court Judge (1) While the office of the Chief High Court Judge is vacant, the 15 senior Judge of the High Court is authorised to act as Chief High Court Judge.
(3) (2) While the Chief High Court Judge is outside New Zealand, the Chief High Court Judge may authorise a High Court Judge who is available to act as Chief High Court Judge.

If, because of illness or a reason other than absence from New Zealand, the Chief High Court Judge is unable to perform the duties of that office, the Attorney-General may authorise a High Court Judge who is available to act as Chief High Court Judge until the Chief High Court Judge resumes those duties.
25 20 (1) During any period that the office of the Chief High Court Judge is vacant, the most senior available Judge of the High Court is authorised to act as Chief High Court Judge.

(2) During any period that the Chief High Court Judge is unable for any reason (including illness) to perform the duties of that 30 office, the next most senior available Judge of the High Court is authorised to act as Chief High Court Judge.
(4) A Judge authorised under subsections (1) to (3) (1) or (2) to act as Chief High Court Judge is empowered while so acting to— (a) perform the duties of the Chief High Court Judge; and 35 78 Judicature Modernisation Bill Part 1 cl 110 exercise any power of the Chief High Court Judge.
(b) Compare: 1908 No 89 s 4A(4), (5) 109 Appointment of acting Judges of Supreme Court by Chief (1) Justice The Chief Justice, in consultation with the President of the 5 Court of Appeal, may appoint a Court of Appeal Judge as an acting Supreme Court Judge to hear and determine 1 or more specified proceedings.

(2) An appointment under subsection (1) may be made during the illness or absence of any Judge of the Supreme Court, or 10 for any other temporary purpose.
(3) Only 1 Court of Appeal Judge appointed under subsection (1) may be present at a sitting of the Supreme Court for the hearing of a proceeding.

To avoid doubt, section 102 does not apply to a Court of 15 Appeal Judge appointed under subsection (1).

Compare: 2003 No 53 s 23(1) (4) 110 Appointment of acting Judges of Supreme Court by (1) Governor-General The Governor-General may, on the advice of the Attor- 20 ney-General, appoint 1 or more acting Judges of the Supreme Court.
(2) A person under the age of 75 years is eligible for appointment under subsection (1) if that person is a retired Supreme Court Judge.

25 (3) An appointment under subsection (1) may be made during the illness or absence of any Judge of the Supreme Court, or for any other temporary purpose.

(4) During the term of his or her appointment under subsection (1), an acting Judge of the Supreme Court may only act to the 30 extent authorised by the Chief Justice under subsection (5).
(5) An acting Judge of the Supreme Court may be authorised by the Chief Justice to— (a) hear and determine proceedings within a specified period: 35 79 Part 1 cl 111 Judicature Modernisation Bill hear and determine 1 or more specified proceedings.

(b) Compare: 2003 No 53 s 23(1), (3), (4) 111 Appointment of acting Judges of Court of Appeal (1) The Governor-General may, on the advice of the Attorney- General, appoint 1 or more acting Judges of the Court of Ap- 5 peal.
(2) A person under the age of 75 years is eligible for appointment under subsection (1) if that person has retired or resigned from office as— (a) (b) a Court of Appeal Judge; or a High Court Judge.

(3) An appointment under subsection (1) may be made during the illness or absence of any Judge of the Court of Appeal, or for any other temporary purpose.
10 (4) During the term of his or her appointment, an acting Judge of 15 the Court of Appeal may only act to the extent authorised by the President of the Court of Appeal.

(5) An acting Judge of the Court of Appeal may be authorised by the President of the Court of Appeal to hear and determine proceedings within a specified period.

20 112 Appointment of acting Judges of High Court (1) The Governor-General may, on the advice of the Attorney- General, appoint 1 or more acting Judges of the High Court.
(2) A person under the age of 75 years is eligible for appointment under subsection (1) if that person— (a) a High Court Judge; or an Associate Judge; or a District Court Judge; or has retired or resigned from office as— (i) (ii) (iii) is— (i) (ii) an Associate Judge; or a District Court Judge.

(b) (3) An appointment under subsection (1) may be made during the illness or absence of any Judge of the High Court, or for any other temporary purpose.
80 25 30 35 Judicature Modernisation Bill Part 1 cl 114 (4) During the term of his or her appointment, an acting Judge of the High Court may only act to the extent authorised by the Chief High Court Judge.

(5) An acting Judge of the High Court may be authorised by the Chief High Court Judge to— (a) (b) Compare: 1908 No 89 ss 11(1), 11A(1), (2) act during 1 or more specified periods; and act in 1 or more specified places.
5 113 Appointment of acting Associate Judges (1) The Governor-General may, on the advice of the Attorney- 10 General, appoint 1 or more acting Associate Judges.

(2) A person is eligible for appointment under subsection (1) if the person— (a) is eligible under section 94 to be appointed an Asso- ciate Judge and is under the age of 75 years; or is a District Court Judge; or has retired or resigned from office as a District Court Judge.
15 (b) (c) (3) An appointment under subsection (1) may be made during the illness or absence of any Associate Judge, or for any other 20 temporary purpose.

(4) During the term of his or her appointment, an acting Associate Judge may only act to the extent authorised by the Chief High Court Judge.

(5) An acting Associate Judge may be authorised by the Chief 25 High Court Judge to— (a) (b) Compare: 1908 No 89 s 26H(1) act during 1 or more specified periods; and act in 1 or more specified places.
114 Requirements before Attorney-General gives advice on 30 (1) appointment of acting Judge Before advising the Governor-General to make an appoint- ment under any of sections 110 to 113, the Attorney-Gen- eral must have received a certificate certifying that the appoint- ment is necessary for the proper conduct of the court in respect 35 of which the appointment is to be made.

81 Part 1 cl 115 Judicature Modernisation Bill (2) A certificate required by subsection (1) must be signed by the Chief Justice.
Compare: 1908 No 89 s 11B; 2003 No 53 s 23(6) 115 Term of acting Judges appointed by Governor-General (1) An appointment under any of sections 110 to 113 must be 5 for a specified term that— (a) is not more than the time until the Judge will reach the age of 75 years; and in any case, is not more than 2 years.

(b) (2) When an acting Judge’s term of appointment ends, the acting 10 Judge, if under the age of 75 years, may at any time be reap- pointed for a further 1 or more terms.
(3) However, an acting Judge may not be reappointed for a term that, when aggregated with all previous terms, exceeds 5 years if that acting Judge is— (a) an acting Court of Appeal Judge appointed under sec- tion 111; or an acting High Court Judge appointed under section 112.
(b) Compare: 1908 No 89 s 11(2); 2003 No 53 s 23(2) 116 Term of appointment of acting Associate Judges (1) An appointment under section 113 must be for a specified term that— (a) is not more than the time until the Associate Judge will reach the age of 75 years; and in any case, is not more than 2 years.

(b) (2) When an acting Associate Judge’s term of appointment ends, the acting Associate Judge, if under the age of 75 years, may at any time be reappointed under section 113 for a further 1 or more terms.
(3) However, an acting Associate Judge may not be reappointed under section 113 for a term that, when aggregated with all previous terms, exceeds 5 years.

Compare: 1908 No 89 s 26H(2)–(4) 82 15 20 25 30 Judicature Modernisation Bill Part 1 cl 120 Jurisdiction, powers, protections, etc, of acting Judges 117 (1) An acting Judge, while acting to the extent authorised as a member of a court, has the jurisdiction, powers, protections, privileges, and immunities of a Judge of that court.
(2) An acting Associate Judge, while acting to the extent au- 5 thorised as a member of the High Court, has the jurisdiction, powers, protections, privileges, and immunities of a Judge of that court.
Compare: 1908 No 89 ss 11A(4), 26Q; 2003 No 53 s 23(7) 118 Conclusive proof of authority to act The fact that an acting Judge or acting Associate Judge does the following is conclusive proof of the Judge’s authority to do so: (a) performs or exercises any function, duty, or power in reliance on section 106(4), 107(4), or 108(4): acts to the extent authorised under section 109(1), 110(5), 111(5), 112(5), or 113(5) as a member of a court.
(b) Compare: 1908 No 89 s 4A(6); 2003 No 53 ss 19(4), 23(9) Seniority of Judges 119 Chief Justice most senior Judge The Chief Justice is senior to all other Judges.

Compare: 2003 No 53 s 18(1) 10 15 20 25 (2) Court of Appeal Judges; and 120 Seniority of Supreme Court Judges Supreme Court Judges are senior to— (1) (a) (b) High Court Judges who are not Supreme Court Judges.

Supreme Court Judges (other than the Chief Justice) are senior to each other in order of date of appointment.
If 2 or more Supreme Court Judges (other than the Chief Just- 30 ice) have the same date of appointment, then seniority among those Judges is determined as follows: (a) Judges who have been Court of Appeal Judges are senior to Judges who have not been Court of Appeal Judges: (3) 35 83 Part 1 cl 121 Judicature Modernisation Bill (b) (c) (d) Judges who have been Court of Appeal Judges have among themselves the seniority they would have if still Court of Appeal Judges: Judges who have not been Court of Appeal Judges but have previously been High Court Judges have seniority 5 among themselves according to their seniority as High Court Judges: Judges who have not previously been High Court Judges but have previously held other judicial office in New Zealand are senior to Judges who have not previ- 10 ously held judicial office in New Zealand.
Compare: 2003 No 53 s 18(2)–(4) 121 Seniority of Court of Appeal Judges (1) (2) Court of Appeal Judges are senior to High Court Judges.

The President of the Court of Appeal is senior to all other Court 15 of Appeal Judges.

Court of Appeal Judges (other than the President) are senior to each other in order of date of appointment.
If 2 or more Court of Appeal Judges (other than the President) have the same date of appointment, then seniority among those 20 Judges is determined according to their seniority as High Court Judges.

Compare: 1908 No 89 s 57(6)–(6C) (3) (4) 122 Seniority of High Court Judges (1) High Court Judges are senior to— (a) Associate Judges; and (b) District Court Judges.
(2) As between the High Court Judges who are not Supreme Court Judges or Court of Appeal Judges,— (a) (b) the Chief High Court Judge is senior to those Judges: the other Judges are senior to each other in order of date of appointment: 2 or more High Court Judges having the same date of appointment— (c) 84 25 30 Judicature Modernisation Bill Part 1 cl 126 (i) (ii) have seniority according to the precedence as- signed to them by the Governor-General on ap- pointment; or if no precedence was assigned to them, according to the order in which they took the judicial oath.
5 (3) To avoid doubt, a Court of Appeal Judge who resigns from that office without resigning as a High Court Judge has, as a High Court Judge, the seniority that he or she would have had if he or she had not been appointed a Court of Appeal Judge.

Compare: 1908 No 89 ss 4(3), 57(6D) 123 Permanent Judges senior to acting Judges A permanent Judge of a court is senior to an acting Judge of the same court.
Compare: 1908 No 89 s 4(3A); 2003 No 53 s 18(5) 124 Seniority of acting Judges Acting Judges of a court have among themselves the seniority they would have if they were permanent Judges of that court.

125 Seniority of Associate Judges (1) Associate Judges are senior to each other in order of date of (2) appointment.
If 2 or more Associate Judges have the same date of appoint- ment, then seniority among those Judges is determined accord- ing to— (a) the precedence assigned to them by the Governor-Gen- eral on appointment; or if no precedence was assigned to them, the order in which they took the judicial oath.
(b) 10 15 20 25 126 Tenure of Chief Justice Tenure of office The Chief Justice continues to hold the office of Chief Justice 30 until the earliest of the following: (a) (b) the Chief Justice resigns from that office: the Chief Justice ceases to hold office resigns from of- fice as a High Court Judge: 85 Part 1 cl 127 Judicature Modernisation Bill (c) (d) the Chief Justice retires: the Chief Justice is removed from that office.
127 Tenure of President of Court of Appeal The President of the Court of Appeal continues to hold the office of President of the Court of Appeal until the earliest of 5 the following: (a) (b) (c) the President is appointed a Supreme Court Judge: the President resigns from that office: the President ceases to hold office resigns from office as a High Court Judge: the President retires: the President is removed from that office.
(d) (e) 128 Tenure of Chief High Court Judge The Chief High Court Judge continues to hold the office of Chief High Court Judge until the earliest of the following: the Judge is appointed a Supreme Court Judge: (a) the Judge is appointed a Court of Appeal Judge: (b) the Judge resigns from that office: (c) the Judge ceases to hold office resigns from office as a (d) High Court Judge: the Judge retires: the Judge is removed from that office.
(e) (f) Compare: 1908 No 89 s 4A(2) 129 Tenure of Supreme Court Judges, Court of Appeal Judges, High Court Judges, and Associate Judges (1) A Supreme Court Judge (other than the Chief Justice) con- tinues to hold the office of Supreme Court Judge until the earli- est of the following: (a) (ab) the Judge resigns from that office: the Judge ceases to hold office as a Supreme Court 30 Judge: the Judge ceases to hold office resigns from office as a High Court Judge: the Judge retires: the Judge is removed from that office.
35 10 15 20 25 (b) (c) (d) 86 Judicature Modernisation Bill Part 1 cl 130 (2) A Court of Appeal Judge (other than the President of the Court of Appeal) continues to hold the office of Court of Appeal Judge until the earliest of the following: the Judge resigns from that office: (a) the Judge ceases to hold office as a Court of Appeal 5 (ab) Judge: the Judge ceases to hold office resigns from office as a High Court Judge: the Judge retires: the Judge is removed from that office.
(c) (d) (b) 10 (3) A High Court Judge (other than the Chief High Court Judge) continues to hold the office of High Court Judge until the earli- est of the following: (a) (b) (c) the Judge resigns from that office: the Judge retires: the Judge is removed from that office.

(4) An Associate Judge continues to hold the office of Associate Judge until the earliest of the following: the Judge resigns from that office: (a) the Judge retires: (b) (c) the Judge is removed from that office.
Compare: 1908 No 89 ss 26C(6), 57(5); 2003 No 53 s 22 130 Resignation (1) A Judge may resign from office at any time by written notice to the Attorney-General.

(1) A Judge may at any time, by written notice to the Attorney- General,— (a) (b) Chief Justice: President of the Court of Appeal: resign from office as a High Court Judge; or resign from any of the following offices without resign- ing from office as a High Court Judge: (i) (ii) (iii) Court of Appeal Judge: (iv) Chief High Court Judge.
In subsection (1), Judge includes— (a) (b) an acting Judge; and an Associate Judge; and (2) 15 20 25 30 35 87 Part 1 cl 131 Judicature Modernisation Bill an acting Associate Judge.
(c) Compare: 1908 No 89 s 26E(2); 2003 No 53 s 23(10) 131 Governor-General must approve certain resignations The prior Before written notice is given to the Attorney-Gen- eral under section 130(1), the approval of the Governor-Gen- 5 eral is required if— (a) the Chief Justice proposes to resign from that office without resigning from office as a Supreme Court Judge or High Court Judge: the President of the Court of Appeal proposes to resign 10 from that office without resigning from office as a Court of Appeal Judge or a High Court Judge: a Court of Appeal Judge (other than the President of the Court of Appeal) proposes to resign from office without resigning from office as a High Court Judge: the Chief High Court Judge proposes to resign from that office without resigning from office as a High Court Judge.
15 (b) (c) (d) Compare: 1908 No 89 ss 4A(3), 57(5) 132 (1) (2) Judges to retire at 70 years Every Judge must retire on attaining the age of 70 years, but may be appointed an acting Judge.

Every Associate Judge must retire on attaining the age of 70 years, but may be appointed an acting Associate Judge.

Compare: 1908 No 89 ss 13, 26E(3) 20 25 133 Removal from office (1) A High Court Judge may be removed from office only in ac- cordance with section 23 of the Constitution Act 1986.
The Governor-General may, if the Governor-General thinks fit, remove an Associate Judge from office for inability or mis- 30 behaviour.
Compare: 1908 No 89 s 26E(1) (2) 88 10 15 20 Judicature Modernisation Bill Part 1 cl 137 Salaries and allowances 134 Salaries and allowances of permanent Judges and Associate Judges Permanent Judges and Associate Judges must be paid, out of public money, without further appropriation than this sec- 5 tion,— (a) salaries at such rates as the Remuneration Authority from time to time determines; and such allowances as the Remuneration Authority from time to time determines; and such additional allowances, being travelling allowances or other incidental or minor allowances, as the Gov- ernor-General may from time to time determine.
(b) (c) Compare: 1908 No 89 ss 9A(1), 26F(1); 1947 No 16 s 6(1) 135 Salaries and allowances of part-time Judges The salary and allowances payable for a period during which a Judge or an Associate Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a permanent Judge of that court (other than the head of that court) or an Associate Judge.
Compare: 1908 No 89 ss 9A(4), 26F(5) 136 Salaries and allowances of acting Judges An acting Judge or acting Associate Judge, while acting as a member of a court to the extent authorised, but not otherwise, must be paid, out of public money, without further appropri- 25 ation than this section,— (a) a salary at the rate for the time being payable to a per- manent Judge of that court (other than the head of that court) or an Associate Judge; and the allowances referred to in section 134(c) payable to 30 a Judge of that court (other than the head of that court) or an Associate Judge.
(b) Compare: 1908 No 89 ss 11(3), 11A(3); 2003 No 53 s 23(8) 137 Superannuation or retiring allowances of Associate Judges For the purpose of providing a superannuation fund or retiring 35 allowance for persons appointed as Associate Judges, sums by 89 Part 1 cl 138 Judicature Modernisation Bill way of subsidy or contribution may from time to time be paid under Part 5B of the Government Superannuation Fund Act 1956 or to any retirement scheme (within the meaning of sec- tion 6(1) of the Financial Markets Conduct Act 2013) in ac- cordance with a determination of the Remuneration Authority.
5 Compare: 1908 No 89 s 26G 138 Higher duties allowance (1) In addition to the payments specified in sections 134 to 137, a higher duties allowance calculated in accordance with sub- section (2) is— (a) payable to a High Court Judge who— (i) is, or has been, serving as a member of— (A) a criminal or civil division of the Court of Appeal; or the full Court of Appeal; but (B) is not, or was not, a permanent Court of Appeal Judge; and (ii) (b) payable only in respect of the periods of the Judge’s service as a member of the division or full Court of Appeal.
(2) The higher duties allowance is calculated at a rate expressed per day of service as a member of the division or full court in accordance with the following formula: (a – b) × c/d 10 15 20 25 where— a is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a permanent Court of Appeal Judge is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a Judge who 30 is not a permanent Court of Appeal Judge is 0.0383561 (the standard payroll factor, which repre- sents the proportion of an annual salary that is paid per fortnight) is 10 (the number of working days per fortnight).
35 b c d 90 Judicature Modernisation Bill Part 1 cl 140 (3) In this section permanent Court of Appeal Judge means a Court of Appeal Judge holding office under section 43(2).

Compare: 1908 No 89 s 9A(1A) (2) 139 Salary of Judge not to be diminished reduced (1) The As provided in section 24 of the Constitution Act 1986, the 5 salary of a Judge or an Associate Judge must not be diminished reduced during the continuance of the Judge’s appointment.
For the purpose of subsection (1), neither of the following is a diminution reduction of salary: (a) the payment of a salary on a pro rata basis under sec- 10 tion 135: the cessation of the payment of a higher duties allow- ance payable and calculated under section 138.
(b) Compare: 1908 No 89 ss 9A(5), 26F(2), (6) Restrictions 15 140 Judge not to undertake other employment or hold other office (1) A Judge or an Associate Judge must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Justice in consultation (in the 20 case of an Associate Judge, a High Court Judge, or a Court of Appeal Judge) with the appropriate head of court.
(2) An approval under subsection (1) may only be given if the appropriate head of court is satisfied that undertaking the em- ployment or holding the office is compatible consistent with 25 the Judge’s judicial office.

(3) However, there is no need to obtain approval under subsection (1) for the appointment of a Judge to another office if an enactment permits or requires a Judge to hold that office.
30 (3) However, subsection (1) does not apply to another office if an enactment permits or requires the office to be held by a Judge.

In this section, appropriate head of court means— (a) the President of the Court of Appeal, if the Judge is a 35 Court of Appeal Judge: (4) 91 Part 1 cl 141 Judicature Modernisation Bill (b) the Chief High Court Judge, if— (i) the Judge is a High Court Judge but not a Court of Appeal Judge; or the Judge is an Associate Judge.
(ii) Compare: 1908 No 89 ss 4(2A), 26C(5) 5 141 Protocol relating to activities of Judges (1) The Chief Justice must develop and publish a protocol con- taining guidance on— (a) the employment, or types of employment, that he or she considers may be undertaken consistent with being a 10 Judge or an Associate Judge; and the offices, or types of offices, that he or she considers may be held consistent with being a Judge or an Asso- ciate Judge.
(b) (2) The Chief Justice may only develop and publish a protocol 15 under subsection (1) after consultation with— the President of the Court of Appeal; and (a) the Chief High Court Judge.

(b) 142 Judge not to practise as lawyer (1) A Judge must not practise as a lawyer.

In subsection (1), Judge includes— (2) (a) (b) (c) an acting Judge; and an Associate Judge; and an acting Associate Judge.
Subpart 6—Rules of court and miscellaneous provisions Rules of practice and procedure 143 Purpose of rules of practice and procedure 20 25 The purpose of rules of practice and procedure is to facilitate— (a) the just, speedy, and inexpensive dispatch of the busi- 30 ness of the High Court, the Court of Appeal, and the Supreme Court; and the administration of justice.
(b) Compare: 1908 No 89 s 51C(1) 92 Judicature Modernisation Bill Part 1 cl 145 (2) (3) (4) (5) (2) (3) 144 High Court Rules (1) The practice and procedure of the High Court in all civil pro- ceedings is regulated by the High Court Rules.

The High Court Rules are subject to any other rules that are made under section 145 that regulate the practice and pro- 5 cedure of any senior court in any class of civil proceedings.
If any provision of the High Court Rules or of any rules made under section 145 restricts or excludes the application of any provisions of the High Court Rules, the provision giving effect to the restriction or exclusion has effect according to its terms.
10 If in any civil proceedings any question arises as to the appli- cation of any provision of the High Court Rules or of any rules made under section 145, the court may, either on the applica- tion of any party or of its own motion, determine the question and give any directions that it thinks fit.

Subsection (1) is subject to— (a) (b) subsections (2) to (4); and sections 9, 38 to 41, 145 to 152, 158, 161, 170, 172, 177, and 178.
15 Compare: 1908 No 89 s 51 20 145 Rules of practice and procedure generally (1) The Governor-General may, by Order in Council, make rules of practice and procedure for each of the senior courts relating to the purpose stated in section 143.

Rules may be made only with the concurrence of the Chief 25 Justice and 2 or more members of the Rules Committee of whom at least 1 is a Judge of the High Court.
The power to make rules includes the power to— (a) alter, amend, add to, or revoke existing High Court Rules, other rules of the High Court, rules of the Court 30 of Appeal, or rules of the Supreme Court; and revoke existing High Court Rules, other rules of the High Court, rules of the Court of Appeal, or rules of the Supreme Court, and replace them with new rules; and fix scales of costs.
(b) 35 (c) Compare: 1908 No 89 s 51C 93 Part 1 cl 146 Judicature Modernisation Bill 146 Rules of practice and procedure of High Court Without limiting the matters on which rules may be made under section 145, rules may be made under that section in relation to the practice and procedure of the High Court— (a) providing for the enforcement of judgments or orders, 5 including by any of the following: an attachment order: (i) a charging order: (ii) a sale order: (iii) a possession order: (iv) a freezing order: (v) an arrest order: (vi) (vii) a search order: (viii) a contempt order: (ix) providing that the purchaser of personal property sold by order of the court by way of enforcement of a judg- ment obtains good title to the property free of all owner- ship interests and other proprietary interests held in the property before that sale.
a sequestration order: 10 15 20 (b) 147 Rules of practice and procedure of Court of Appeal and Supreme Court Without limiting the matters on which rules may be made under section 145, rules may be made under that section in relation to the practice and procedure of the Court of Appeal 25 and the Supreme Court— (a) providing for the appointment of technical advisers, in- cluding— (i) the information to be given to a party to an ap- peal, before a technical adviser is appointed for 30 the appeal,— (A) about the persons who are considered suit- able for appointment; and about the matters on which the assistance of the proposed technical adviser is to be 35 sought: (B) (ii) the submissions that those parties may make to the court about the proposed appointment of a 94 Judicature Modernisation Bill Part 1 cl 148 technical adviser and the assistance to be given by the technical adviser: (b) providing for the conduct of proceedings involving technical advisers.
Compare: 1908 No 89 s 99D 5 148 Rules conferring specified jurisdiction and powers of (1) High Court Judge on Registrars and Deputy Registrars Rules may be made under section 145— (a) conferring on a Registrar or Deputy Registrar of the High Court or the Court of Appeal or the Supreme Court 10 the jurisdiction and powers of a Judge in chambers con- ferred by this Part or any other Act or by rules made under that section: containing any provisions that may be necessary to en- able the a Registrar and or Deputy Registrar to exercise 15 the jurisdiction and powers of a Judge in chambers.
(b) (2) The jurisdiction and powers may be conferred on any of those specified offices or classes of those offices.

(3) A Registrar or Deputy Registrar on whom jurisdiction and powers are conferred may refer a matter to a Judge of the same 20 court if the Registrar or Deputy Registrar considers the matter to be of special difficulty.

The Judge may— (a) (b) dispose of the matter; or refer the matter back to the Registrar or Deputy Regis- trar with any directions the Judge thinks fit.
(4) A party to a proceeding or intended proceeding who is dissat- isfied with an order or decision made by a Registrar or Deputy Registrar under rules made under section 145 may apply to the same court to review the order or decision.

The court may then make any order or decision the court thinks just.

The fact that a Registrar or Deputy Registrar has jurisdiction and powers under the rules does not prevent a Judge of the same court from exercising the jurisdiction and powers.
Compare: 1908 No 89 s 51F 25 30 (5) 95 Part 1 cl 149 Judicature Modernisation Bill 149 Rules of practice and procedure under other Acts The power to make rules of practice and procedure in relation to civil proceedings in the High Court, the Court of Appeal, or the Supreme Court under an Act other than this Part must be exercised in the manner prescribed by section 145.
Compare: 1908 No 89 s 51D 5 150 Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court (1) Despite anything to the contrary in any Act, rules may be made (2) under section 145 prescribing the form and manner in which 10 any class or classes of applications to the High Court or a High Court Judge or to the Court of Appeal or to the Supreme Court are to be made.
To the extent that the provisions of any Act prescribing the form or manner in which any of those applications are to be 15 made (whether by petition, motion, summons, or otherwise) are inconsistent with or repugnant to rules made or having ef- fect under this Part, the Act prescribing that form or manner is deemed to be subject to the rules made or having effect under this Part.
Compare: 1908 No 89 s 51E 20 151 Publication of High Court Rules under Legislation Act (1) (2) 2012 The High Court Rules, and any reprint of the High Court Rules, may be published under the Legislation Act 2012 as if 25 the rules were a legislative instrument within the meaning of that Act.

The Legislation Act 2012 applies accordingly to rules pub- lished in that way.
Compare: 1908 No 89 s 51A 30 152 Rules Committee (1) For the purposes of this Part, Part 2, the Criminal Procedure Act 2011, and any other relevant Act, there continues to be a Rules Committee consisting of— (a) (b) the Chief Justice: the Chief High Court Judge: 35 96 Judicature Modernisation Bill Part 1 cl 153 (i) (c) (d) (e) (f) (g) (h) 2 other Judges of the High Court appointed by the Chief Justice: the Chief District Court Judge: 1 other District Court Judge appointed by the Chief Just- ice on the recommendation of the Chief District Court 5 Judge: the Attorney-General: the Solicitor-General: the chief executive of the ministry responsible for the administration of this Part: 2 persons, who are barristers and solicitors of the High Court, nominated by the Council of the New Zealand Law Society and approved by the Chief Justice.
The Chief Justice may appoint any other person to be a mem- ber of the Rules Committee for a special purpose.

That person 15 holds office during the pleasure of the Chief Justice.

The members appointed under subsection (1)(c), (e), and (i)— (a) must be appointed for terms not exceeding 3 years: (b) may be reappointed: (c) may resign office by notice in writing to the Chief Just- 20 10 ice.

The Rules Committee is a statutory board within the meaning of the Fees and Travelling Allowances Act 1951.
The members of the Rules Committee referred to in subsec- 25 tions (1)(i) and (2) may be paid fees, salary, and allowances in accordance with the Fees and Travelling Allowances Act 1951.
Compare: 1908 No 89 s 51B (2) (3) (4) (5) Regulations 153 Regulations (1) The Governor-General may, by Order in Council, make regu- lations for all or any of the following purposes: (a) prescribing the applications, matters, and proceedings for which fees are payable under this Part: prescribing scales of fees for the purposes of this Part and for the purposes of any applications, matters, and (b) 30 35 97 Part 1 cl 154 Judicature Modernisation Bill (c) (d) (e) (f) (g) (h) 5 proceedings before a senior court under this Part or any other enactment: prescribing the fees, travelling allowances, and ex- penses payable to interpreters and to persons giving evidence in proceedings to which this Part applies: in relation to a service performed by a Registrar or Deputy Registrar under this Part and specified in regu- lations made under paragraph (e), authorising a Regis- trar or Deputy Registrar to charge a reasonable fee cal- culated on the actual expense incurred in performing the 10 service: specifying the services (other than services for which a fee is already prescribed under this Part) performed by a Registrar or Deputy Registrar under this Part for which that person may charge a fee: making provision in relation to the postponement, under the regulations, of the payment of any fee, which pro- vision may (without limitation) include provision— (i) 15 for the recovery of the fee after the expiry of the period of postponement; and for restrictions to apply (after the expiry of the period of postponement and so
 long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable: 20 25 (ii) altering or revoking any rules relating to fees contained in the High Court Rules, any rules made under section 145, or any other rules of court: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this 30 Part and for its due administration.
(2) Regulations made under this section may prescribe different fees in respect of proceedings in different courts.
Compare: 1908 No 89 s 100A 154 Regulations providing for waiver, etc, of fees (1) In order to promote access to justice, the Governor-General may, by Order in Council, make regulations authorising a Registrar or Deputy Registrar of a senior court to waive, re- 35 98 Judicature Modernisation Bill Part 1 cl 156 duce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding, or to refund in whole or in part a fee that has already been paid.
Regulations made under subsection (1) must provide that a Registrar or Deputy Registrar may only exercise a power 5 under the regulations if he or she is satisfied on the basis of prescribed criteria that— (a) the person responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or unless 1 or more of those powers are exercised in re- 10 spect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be com- menced or continued.
(b) For the purposes of subsection (2), regulations may prescribe criteria— (a) (b) for assessing a person’s ability to pay a fee; and for identifying proceedings that concern matters of gen- uine public interest.

(2) (3) (4) No fee is payable for an application for the exercise of a power specified in subsection (1).
Compare: 1908 No 89 s 100A(1)(d), (da) 155 Postponement of fees (1) The Governor-General may, by Order in Council, make regu- lations authorising a Registrar or Deputy Registrar to postpone the payment of a fee pending the determination of— (a) an application for the exercise of a power specified in section 154(1); or an application for review under section 157.

(b) (2) No fee is payable for an application for the exercise of a power specified in subsection (1).
Compare: 1908 No 89 s 100A(1)(db) 15 20 25 30 156 Manner in which section 154 or 155 applications to be made Regulations made under section 153 may provide for the manner in which an application for the exercise of a power 35 specified in section 154(1) or 155 is to be made, including, 99 Part 1 cl 157 Judicature Modernisation Bill without limitation, requiring an application to be in a form ap- proved for the purpose by the chief executive of the Ministry of Justice.
Compare: 1908 No 89 s 100A(1)(dd) 157 Review of Registrar’s decision concerning fees (1) A person who disagrees with a decision of a Registrar or Deputy Registrar under regulations made under section 154(1) may apply to a Judge or an Associate Judge of the relevant court to review the decision.
The application must be made within— (a) (2) 20 working days after the date on which the applicant is notified of the decision; or any further time that the Judge or Associate Judge al- lows on application, which may be made either before or after the expiry of that period.

(b) The application may be made informally.


(3) (4) A review is— (a) (b) conducted by way of rehearing of the matter in respect of which the Registrar or Deputy Registrar made the decision; and dealt with on the papers, unless the Judge or Associate Judge directs otherwise.

(5) The Judge or Associate Judge may confirm, modify, or reverse the decision of the Registrar or Deputy Registrar.

(6) No fee is payable on the application.


Compare: 1908 No 89 s 100B 157A Judge or Registrar may waive certain fees A Judge or Registrar of a senior court may, subject to any terms or conditions that the Judge or Registrar thinks fit, waive the payment of a fee prescribed under section 153 for accessing 30 documents (in whole or in part) if the Judge or Registrar is satisfied that the person is unable, or should not be required, to pay the fee.
100 Judicature Modernisation Bill Part 1 cl 160 Costs 158 (1) (2) Jurisdiction of court to award costs in all cases If any Act confers jurisdiction on the High Court or a Judge of the High Court for the purpose of any civil proceedings or any criminal proceedings or any appeal, without expressly confer- 5 ring jurisdiction to award or otherwise deal with the costs of the proceedings or appeal, jurisdiction to award and deal with those costs and to make and enforce orders relating to costs must be treated as also having been conferred on the court or Judge.
Costs may be awarded or otherwise dealt with under subsec- tion (1) at the discretion of the court or Judge, and may, if the court or Judge thinks fit, be ordered to be charged on or paid out of any fund or estate before the court.
Compare: 1908 No 89 s 51G 10 15 Appointment of technical advisers 159 Court of Appeal and Supreme Court may appoint (1) (2) technical advisers The Court of Appeal or the Supreme Court may appoint a suit- ably qualified person (a technical adviser) to assist it by giv- 20 ing advice in an appeal in a proceeding involving a question arising from evidence relating to scientific, technical, or eco- nomic matters, or from other expert evidence, if the court is of the opinion that it is desirable to have expert assistance.
The technical adviser must give the advice in the manner di- 25 rected by the court during the course of the proceeding on any question referred to the technical adviser.

(3) Advice given by a technical adviser— is information provided to the court; and (a) (b) may be given the weight the court thinks fit.
Compare: 1908 No 89 s 99B 160 Appointment and other matters (1) A technical adviser may be appointed by the court under sec- tion 159 on— (a) (b) its own initiative; or the application of a party to the proceeding.

30 35 101 Part 1 cl 161 Judicature Modernisation Bill (2) A technical adviser may be removed from office by the court for disability affecting the performance of duty, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the court.
(3) A technical adviser may resign office by notice in writing to 5 (4) (5) the court.

The remuneration of a technical adviser must— (a) (b) be fixed by the court; and include a daily fee for each day on which the technical adviser is required to assist the court.

Civil or criminal proceedings may not be commenced against a technical adviser in relation to advice given to the court in good faith.
Compare: 1908 No 89 s 99C Contempt 10 15 161 Contempt of court (1) This section applies if any person— (a) wilfully insults a judicial officer, or any Registrar, or any officer of the court, or any juror, or any witness, during his or her sitting or attendance in court, or in going to 20 or returning from the court; or (b) wilfully interrupts the proceedings of a court or other- (c) wise misbehaves in court; or wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of 25 any proceedings.
If this section applies,— (a) any constable or officer of the court, with or without the assistance of any other person, may, by order of a judicial officer, take the person into custody and detain 30 him or her until the rising of the court; and the judicial officer may, if he or she thinks fit, sentence the person to— (i) imprisonment for a period not exceeding 3 months; or a fine not exceeding $1,000 for each offence.
(ii) 35 (b) (2) 102 Judicature Modernisation Bill Part 1 cl 163 (3) Nothing in this section limits or affects any power or authority of a court to punish any person for contempt of court in any case to which— this section does not apply.

this section does not apply; and (a) the criminal law does not apply.
(b) Compare: 2011 No 81 s 365 Restriction on commencing or continuing proceeding 162 Judge may make order restricting commencement or continuation of proceeding (1) A Judge of the High Court may make an order (a section 162 order) restricting a person from commencing or continuing a civil proceeding.

The order may have— (a) (b) (c) a limited effect (a limited order); or an extended effect (an extended order); or a general effect (a general order).
(2) (3) A limited order restrains a party from continuing or commenc- ing civil proceedings on a particular matter in a senior court, another court, or a tribunal.

(4) An extended order restrains a party from continuing or com- mencing civil proceedings on a particular or related matter in a senior court, another court, or a tribunal.

(5) A general order restrains a party from continuing or commenc- 5 10 15 20 ing civil proceedings in a senior court, another court, or a tri- 25 bunal.
(6) Nothing in this section limits the court’s inherent power to control its own proceedings.

163 Ground for making section 162 order (1) A Judge may make a limited order if, in more than 1 proceed- 30 ing at least 2 proceedings about the same matter in any court or tribunal, the Judge considers that 2 or more of the proceed- ings are or were totally without merit.
(2) A Judge may make an extended order if, in more than 1 pro- ceeding at least 2 proceedings about any matter in any court 35 103 Part 1 cl 164 Judicature Modernisation Bill or tribunal, the Judge considers that 2 or more of the proceed- ings are or were totally without merit.

(4) (3) A Judge may make a general order if, in more than 1 proceed- ing at least 2 proceedings about any matter in any court or tri- bunal, the Judge considers that 2 or more of the proceedings 5 are or were totally without merit.
In determining whether proceedings are or were totally with- out merit, the Judge may take into account the nature of any interlocutory applications, appeals, or criminal prosecutions involving the party to be restrained, but is not limited to those 10 considerations.

The proceedings concerned must be proceedings instituted or conducted by the party to be restrained, whether against the same person or different persons.
For the purpose of this section and sections 164 and 165, 15 an appeal in a civil proceeding must be treated as part of that proceeding and not as a distinct proceeding.

(6) (5) 164 Terms of section 162 order (1) A section 162 order may restrain a party from commencing or continuing any proceeding (whether generally or against 20 any particular person or persons) of any type specified in the order without first obtaining the leave of the High Court.
(2) A section 162 order, whether limited, extended, or general, has effect for a period of up to 3 years as specified by the Judge, but the Judge making it may specify a longer period (which 25 must not exceed 5 years) if he or she is satisfied that there are exceptional circumstances justifying the longer period.

165 Procedure and appeals relating to section 162 orders (1) A party to any proceeding may apply for a limited order or an extended order.
(2) Only the Attorney-General may apply for a general order.

(2A) A Judge of the High Court may make a limited order, an ex- tended order, or a general order either on application (under subsection (1) or (2), as applicable) or on his or her own ini- tiative.
30 35 104 Judicature Modernisation Bill Part 1 cl 166 (3) An application for leave to continue or issue a proceeding by a party subject to a section 162 order may be made without notice, but the court may direct that the application for leave be served on any specified person.
(3A) An application for leave must be determined on the papers, 5 unless the Judge considers that an oral hearing should be con- ducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.

The Judge’s de- termination of the application for leave is final.

(5) (4) A section 162 order does not prevent or affect the com- 10 mencement of a private criminal prosecution in any case.
The party against whom a section 162 order is made may appeal against the order to— (a) (b) the Court of Appeal: the Supreme Court, with the leave of that court, in any 15 case.

(6) The appellant in an appeal to the Court of Appeal under sub- section (5) or the applicant for the section 162 order con- cerned may, with the leave of the Supreme Court, appeal to the Supreme Court against the determination of that appeal by the 20 Court of Appeal.
(7) A court determining an appeal under this section has the same powers as the court appealed from has to determine an appli- cation or appeal, as the case may be.
Compare: 1908 No 89 s 88B Reserved judgments and publication of final judgments 166 Reserved judgments (1) The Chief High Court Judge must, in consultation with the Chief Justice,— (a) publish information about the process by which parties to proceedings before the High Court may obtain in- formation about the status of any reserved judgment in those proceedings; and periodically publish information about the number of 35 judgments of the court that he or she considers is out- standing beyond a reasonable time for delivery; and (b) 25 30 105 Part 1 cl 167 Judicature Modernisation Bill (c) publish any other information about reserved judgments that he or she considers is useful.
(2) (3) The President of the Court of Appeal must, in consultation with the Chief Justice,— (a) publish information about the process by which parties 5 to proceedings before the Court of Appeal may obtain information about the status of any reserved judgment in those proceedings; and periodically publish information about the number of judgments of the court that he or she considers is out- 10 standing beyond a reasonable time for delivery; and publish any other information about reserved judgments that he or she considers is useful.
(b) (c) The Chief Justice must— (a) publish information about the process by which parties 15 to proceedings before the Supreme Court may obtain information about the status of any reserved judgment in those proceedings; and periodically publish information about the number of judgments of the court that he or she considers is out- 20 standing beyond a reasonable time for delivery; and publish any other information about reserved judgments that he or she considers is useful.
(b) (c) 167 Final written judgments to be published on Internet (1) Every final written judgment of a senior court must be pub- 25 lished on the Internet as soon as practicable unless there is good reason not to publish the complete judgment.

(2) A final written judgment may be published on the Internet in part if there are good reasons for not publishing the other parts of the judgment.
(3) Good reason not to publish a judgment or part of it includes the following: (a) non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication: the judgment falls into a category of judgments that are of limited public value: (b) 106 30 35 Judicature Modernisation Bill Part 1 cl 169 (4) (c) taking into account the presumption in subsection (1) in favour of publication, a Judge nevertheless deter- mines that the judgment or any part of it should not be published because publication or the effect of publica- tion would be contrary to the interests of justice.
In this section, final written judgment means a written deci- sion that determines or substantially determines the outcome of any proceedings and that is either— a written reserved judgment; or (a) an oral judgment transcribed by an official transcription 10 (b) service.
5 Recusal 168 Recusal guidelines (1) The Chief High Court Judge and the President of the Court of Appeal must, in consultation with the Chief Justice, de- 15 velop and publish guidelines for their respective courts to as- sist Judges to decide if they should recuse themselves from a proceeding.

The Chief Justice must develop and publish guidelines to assist Supreme Court Judges to decide if they should recuse them- 20 selves from a proceeding.
(2) Non-party participants 169 Persons who may support self-represented litigant (1) A self-represented litigant is entitled to be supported in court by any person other than a barrister or solicitor of the High 25 Court.

(2) A Judge of the court may refuse to allow a self-represented litigant to be supported in court by another person only if he or she considers it would be contrary to the interests of justice and fairness to allow such support.
30 107 Part 1 cl 170 Judicature Modernisation Bill 170 Memorials of judgments obtained out of New Zealand Foreign creditors (1) (3) may be registered This section applies to any judgment, decree, rule, or order (the judgment) obtained in any court of any Commonwealth 5 country (the overseas court) for the payment of money.

(2) A person in whose favour the judgment was obtained may file in the High Court a memorial containing the specified particu- lars that is authenticated by the seal of that court.
Once filed, the memorial becomes a record of the judgment and execution 10 may issue upon it in accordance with this section.
The memorial must be signed by a party in whose favour the judgment was obtained or by the party’s lawyer, and must con- tain— (a) (b) (c) the names and additions of the parties; and the form or nature of the action or other proceeding; and when commenced, the date of the signing or entering-up of the judgment, the passing of the decree, or the making of the rule or order; and the amount recovered, or the decree pronounced, or rule 20 or order made; and if there was a trial, the date of the trial and amount of verdict given.
(d) (e) 15 (4) A seal purporting to be the seal of an overseas court is deemed and taken to be the seal of the court until the contrary is proved, 25 and the onus of proving that the seal is not the seal of the court lies on the party denying or objecting to the seal.
(5) A party in whose favour the judgment was obtained, or the party’s lawyer, may apply to the High Court or any Judge of the court for the making of a rule or the issue of a summons 30 calling on the person against whom the judgment was obtained to show cause, within the time after personal or other service of the rule or summons as the court or Judge directs, why exe- cution should not issue upon the judgment.
The rule or summons must give notice that, in default of ap- 35 pearance, execution may issue accordingly, and if the person served with the rule or summons does not appear, or does not show sufficient cause against such rule or summons, the court (6) 108 Judicature Modernisation Bill Part 1 cl 171 or Judge, on due proof of service under subsection (5), may make the rule absolute or make an order for issuing execution, subject to any terms and conditions (if any) that the court or Judge thinks fit.
The judgment may be enforced in the same manner as a judg- 5 ment of the High Court.

This section is subject to section 13 of the Reciprocal Enforce- ment of Judgments Act 1934.

Compare: 1908 No 89 s 56 (7) (8) Access to information 171 Access to court records, judicial information, or other ministry information (1) Any person may have access to court records of a senior court to the extent provided by, and in accordance with, rules of court.
The head of a senior court may, at his or her absolute discretion and on any terms and conditions he or she thinks fit, allow any person to have access to any judicial information held by the court.

(2) 10 15 (2) Access to judicial information is not subject to any enactment 20 that applies to the provision of, or access to, any other infor- mation.
(3) Any person may have access to any ministry information to the extent provided by, and in accordance with, the Official In- formation Act 1982, the Privacy Act 1993, the Public Records 25 Act 2005, or any other enactment providing for or regulating access to the information.

In this section, court records, judicial information, and min- istry information respectively mean the documents and infor- mation described as such in Schedule 2.
The Governor-General may, by Order in Council,— (a) (4) (5) 30 amend the third column (headed Description) of Schedule 2 by adding, omitting, or amending any item or description: replace the schedule in whole or in part for the purposes 35 of making any amendments authorised by paragraph (a).
(b) 109 Part 1 cl 171A Judicature Modernisation Bill (2) 171A Sharing of permitted information with other departments This section applies to permitted information specified in Part (1) B of the items about the court record in Schedule 2, regardless of whether it is controlled by the judiciary.
In response to a request from an agency for information to 5 which this section applies, the Ministry may, by way of an ap- proved information sharing agreement under the Privacy Act 1993, share any permitted information with the agency.
The Ministry holds permitted information solely for the purpose of entering into approved information sharing agree- 10 ments under the Privacy Act 1993, and that information is not otherwise subject to the Privacy Act 1993 and is not subject to the Official Information Act 1982 or the Public Records Act 2005.
(3) (5) (4) Nothing in this section or an approved information sharing 15 agreement under the Privacy Act 1993 requires the Ministry to disclose any matter suppressed by or under a court order or any enactment.

The Governor-General may, by Order in Council made on the recommendation of the Minister of Justice, amend or replace 20 Part B of the items about the court record in Schedule 2.
The Minister of Justice may make a recommendation under subsection (5) only after consultation with the Attor- ney-General and with the consent of the Chief Justice.

(6) 25 171B Requirements that Registrars disclose information (1) If any enactment requires a Registrar to notify a registration authority of certain information about any court proceedings, that requirement is not affected by any suppression order im- posed by the court.
Even if the enactment provides that the court may order other- 30 wise in any case, the requirement is not affected by any sup- pression order imposed by the court unless the court specific- ally orders otherwise in that case.

(2) 110 Judicature Modernisation Bill Part 1 cl 174 Payment of fees collected 172 Fees to be paid into Crown Bank Account All fees taken or received under this Part must be paid into a Crown Bank Account.
Compare: 1908 No 89 ss 42, 53 5 Provisions and rules of general application 173 (1) Judicial officers to continue in office to complete proceedings This section applies to proceedings in a senior court, another court, or a tribunal.

(2) A judicial officer whose term of office has expired or who has retired may continue in office for the purpose of completing the hearing of a matter, or determining or giving judgment in proceedings, that the judicial officer has heard either alone or with others.
10 15 (4) (3) A judicial officer must not continue in office under subsec- tion (1) for longer than 3 months without the consent of the nominating Minister.

The fact that a judicial officer continues in office does not af- fect the power to appoint another person to that office.
(5) A judicial officer who continues in office is entitled to be paid the appropriate rate for the days or half-days worked in com- pleting the proceedings, and that rate is the rate of the remu- neration and allowances to which the officer would have been entitled for those days or half-days if the term of office had not 25 expired or the officer had not retired.

In this section, judicial officer means a person who has in New Zealand authority under an enactment to hear, receive, and examine evidence.
Compare: 1908 No 89 s 88A (6) 20 30 174 Costs where intervener or counsel assisting court appears This section applies to proceedings in any senior court or other (1) court.
If the Attorney-General or the Solicitor-General or any other person appears as an intervener or counsel to assist the court in 35 (2) 111 Part 1 cl 175 Judicature Modernisation Bill any civil proceedings or in any proceedings on any appeal and argues any question of law or of fact arising in the proceedings, the court may, subject to the provisions of any other Act, make any order it thinks just— (a) as to the payment by any party to the proceedings of the 5 costs incurred by the Attorney-General or the Solicitor- General in so doing; or as to the payment by any party to the proceedings or out of public funds of the costs incurred by any other person in so doing; or as to the payment by the Attorney-General or the Solici- tor-General or that other person of any costs incurred by any of those parties by reason of his or her so doing.
10 (b) (c) (3) If the court makes an order under subsection (2)(b), the Registrar of the court must forward a copy of the order to 15 the chief executive of the Ministry of Justice who must make the payment out of money appropriated by Parliament for the purpose.

Compare: 1908 No 89 s 99A 175 (1) Judgment against one of several persons jointly liable not a bar to action against others This section applies to proceedings in any senior court or other court.
20 (2) A judgment against 1 or more of several persons jointly li- able does not operate as a bar or defence to civil proceedings 25 against any of the persons against whom judgment has not been recovered, except to the extent to which the judgment has been satisfied.

This section does not apply to any action or other proceeding to which Part 5 of the Law Reform Act 1936 applies.
Compare: 1908 No 89 s 94 30 (3) 176 Rules of equity prevail over rules of common law (1) This section applies to proceedings in a senior court, another court, or a tribunal where equitable jurisdiction may be exer- cised.

35 112 Judicature Modernisation Bill Part 1 cl 179 (2) If there is any conflict or variance between the rules of equity and the rules of the common law in relation to the same matter, the rules of equity prevail.
Compare: 1908 No 89 s 99 Service of process on Sundays 5 177 Service of process on Sundays void (1) Subject to any rule of court, no person may serve or execute, or cause to be served or executed, on Sunday any statement of claim, application, writ, process, warrant, order, or judgment of the High Court or Court of Appeal (except in cases of crime 10 or of breach of the peace), and service or execution that contra- venes this requirement is void for all purposes.
(2) Nothing in subsection (1) applies to— (a) (b) the service of any writ in rem or warrant of arrest in respect of any proceedings heard or to be heard in the 15 High Court in its admiralty jurisdiction; or the service of any subpoena or interlocutory injunction.
(3) Nothing in this section annuls, repeals, or in any way affects the common law, or the provisions of any statute or rule of practice or procedure, now or subsequently in force, author- 20 ising the service of any statement of claim, application, writ, process, or warrant, in cases other than those excepted in subsection (1).
Compare: 1908 No 89 s 54 Discharge of jurors 178 Discharge of juror or jury Nothing in this Act affects the powers of a court or Judge to discharge a juror or jury for a civil case under section 22 of the Juries Act 1981.

Compare: 1908 No 89 s 54B Repeals, revocations, consequential amendments, and savings and transitional provisions 179 Repeals (1) The Judicature Act 1908 (1908 No 89) is repealed.
25 30 35 113 Part 1 cl 180 Judicature Modernisation Bill (2) The Supreme Court Act 2003 (2003 No 53) is repealed.

180 Consequential amendments The enactments specified in Schedule 3 are consequentially amended in the manner indicated in that schedule.
181 Regulations continued (1) The following regulations continue in force and are deemed to have been made under section 153: the Court of Appeal Fees Regulations 2001: (a) the High Court Fees Regulations 2013: (b) the Supreme Court Fees Regulations 2003: (c) (d) the Witnesses and Interpreters Fees Regulations 1974.

The regulations continued in force by this section may be amended, revoked, or replaced under section 153.
(2) 182 Rules continued (1) The following rules continue in force and are deemed to have 15 been made under section 145: (a) the Court of Appeal (Access to Court Documents) Rules 2009: the Court of Appeal (Civil) Rules 2005: the Court of Appeal (Criminal) Rules 2001: the Court of Appeal (List Election Petitions) Rules 1998: the Evidence (Trans-Tasman Service of, and Compli- ance with, New Zealand Subpoenas and Australian Sub- poenas Issued in Criminal Proceedings) Rules 2013: the Supreme Court Rules 2004. the Trans-Tasman Proceedings Regulations and Rules 2013.
(b) (c) (d) (e) (f) (g) The rules continued in force by this section may be amended, revoked, or replaced under section 145.
The repeal of the Judicature Act 1908 by section 179 does not affect— (a) (b) (c) the Constituency Election Petition Rules 2008: the Court Martial Appeal Court Rules 2008: the Criminal Procedure Rules 2012: (2) (3) 114 5 10 20 25 30 35 Judicature Modernisation Bill Part 2 cl 185 (d) (e) the Criminal Proceedings (Enforcement of Fines) Rules 2011: the Lawyers and Conveyancers Act (Lawyers: Admis- sion) Rules 2008.

183 Transitional provisions The transitional provisions set out in Schedule 4 apply.
Part 2 District Court Preliminary provisions 184 Purposes The purposes of this Part are— (a) (b) to reconstitute District Courts as a single court with div- isions for a Family Court, a Youth Court, and a Disputes Tribunal; and to provide for— (i) (ii) (iii) the constitution and jurisdiction of the court; and the practice and procedure of the court; and the selection, appointment, removal, and condi- tions of the judicial and other officers of the court; and (c) (d) to make provision for any other related matters; and to improve the transparency of court arrangements in a manner consistent with judicial independence.
185 Interpretation In this Part, unless the context otherwise requires,— acting Judge means a Judge appointed as an acting Judge under section 214(1) authenticate means,— (a) in relation to a document other than a document under subpart 10,— (i) (ii) signing and dating the document; or in the case of a document in electronic form, us- ing any electronic means that adequately identi- fies the person responsible for its content and the date of authentication; or 115 Part 2 cl 185 Judicature Modernisation Bill (b) (c) in relation to a document under subpart 10, using any means that adequately identifies the person responsible for its content and the date of authentication; or in relation to a warrant, authenticate in the manner pro- vided in paragraph (a) or (b) or by a Registrar enter- 5 ing the particulars of the warrant into a computer sys- tem accessible to a constable or a bailiff 10 bailiff means a bailiff appointed under section 248, and in- cludes any deputy bailiff and any person acting as a bailiff under section 248(2) Chief District Court Judge means the Chief District Court Judge appointed under section 207(1) chief executive means the chief executive of the Ministry of Justice Community Magistrate means a person appointed under 15 section 221(1) constable has the same meaning as in section 4 of the Policing Act 2008 court means the District Court constituted under section 188 District Court Judge or Judge means a Judge appointed 20 under section 192(1) document— (a) means a
 document in any form (including, without limi- tation, a document in an electronic form); and includes, without limitation, any of the following: (i) (ii) any writing on any material: information recorded or stored by means of a tape recorder, computer, or other device: (b) 25 (iii) material subsequently derived from information recorded or stored in the manner described in 30 subparagraph (ii): a label, marking, or any other writing that identi- fies or describes any thing of which it forms part, or to which it
 is attached by any means: a book, map, plan, graph, or drawing: a photograph, film, negative, tape, or any other device in which 1 or more visual images are em- 35 (iv) (v) (vi) 116 Judicature Modernisation Bill Part 2 cl 185 bodied so as to be capable (with or without the aid of some other equipment) of being reproduced electronic includes electrical, digital, magnetic, optical, elec- tromagnetic, biometric, and photonic financial assessment hearing means a hearing under section 5 330 or 331 financial statement has the meaning given to it in section 327(1) freezing order means an order restraining a person from re- moving any assets located in or outside New Zealand from 10 disposing of, dealing with, or diminishing the value of those assets Justice has the same meaning as in section 2 of the Justices of the Peace Act 1957 landlord, in relation to any land, means the person entitled to 15 the immediate reversion of that land or, if the land is held in joint tenancy or tenancy in common, includes any one of the persons entitled to the immediate reversion lawyer has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006 Minister means the Minister of the Crown who under any war- rant or with the authority of the Prime Minister is responsible for the administration of this Part officer of the court means any Registrar, Deputy Registrar, or other employee appointed under the State Sector Act 1988 for 25 the conduct of the business of the court
 part-time Judge means a Judge who is authorised under sec- tion 213(1) to act on a part-time basis permanent Judge does not include an acting District Court Judge Police employee has the meaning given by section 4 of the Policing Act 2008 prescribed means prescribed by regulations made under sec- tion 413 prescribed rate, in relation to a rate of interest, means the in- 35 terest rate as defined in Part 4 of the Judicature Moderni- sation Act 2013 30 20 117 Part 2 cl 186 Judicature Modernisation Bill 5
 principal Judge means a Judge who is appointed the principal Judge of a division of the court proceeding means any application to the court for the exercise of the civil jurisdiction of the court other than an interlocutory application Registrar means a District Court Registrar appointed under section 244 rules means the rules of the practice and procedure of the court made under section 411 search order means an order in a proceeding, or before a pro- 10 ceeding commences, with or without notice to the respondent, to secure or preserve evidence and to require the respondent to permit persons to enter premises for the purpose of secur- ing the preservation of evidence trial Judge means a District Court Judge appointed under 15 section 195 to exercise the criminal jurisdiction of the Dis- trict Court in relation to jury trials under the Criminal Proced- ure Act 2011 working day, in relation to the court, means a day other than— (a) a Saturday, a Sunday, Good Friday, Easter Monday, An- 20 zac Day, Labour Day, the Sovereign’s birthday, or Wai- tangi Day; or the day observed as the anniversary day of the former province in which the relevant office of the court is lo- cated; or a day in the period commencing on 25 December in a year and ending on 15 January in the following year.
(b) (c) 25 Compare: 1947 No 16 s 2 186 Part binds the Crown This Part binds the Crown.

187 Application of this Part 30 Schedule 7 contains application, savings, and transitional provisions that affect other provisions of this Part as from time to time amended, repealed, or repealed and replaced.

118 Judicature Modernisation Bill Part 2 cl 190 Subpart 1—Establishment of District Court 188 District Court (1) This Part establishes a District Court of New Zealand (the court).
The court consists of— (a) (aa) the Chief District Court Judge; and the Principal Family Court Judge and the Principal Youth Court Judge; and the other District Court Judges.

(b) The court has civil and criminal jurisdiction and is a court of 10 record.

The court is a single court that replaces the District Courts that were continued by the District Courts Act 1947.
5 (2) (3) (4) (5) On and after the coming into force of this Part,— (a) (b) (c) a District Court in existence immediately before the 15 coming into force of this Part is part of the court: any act or thing that was done in relation to a proceeding commenced in a District Court before the coming into force of this Part is to be treated as having been done in the court sitting in the same place as that District Court: 20 any act or thing that could have been done in relation to a proceeding commenced in a District Court before the coming into force of this Part must be done in relation to the proceeding in the court sitting in the same place as that District Court.
25 (6) In subsection (5), District Court includes a Family Court or a Youth Court that was a division of the particular District Court.

Compare: 1947 No 16 s 3(1) 189 Seal The court must have a seal, and the each Registrar of the court is responsible for the seal.
Compare: 1947 No 16 s 3(2) Divisions of court 190 Divisions of court The court has the following divisions: 30 35 119 Part 2 cl 191 Judicature Modernisation Bill (a) (b) a general division, to exercise the ordinary civil and criminal jurisdiction of the court, including common law and equitable jurisdiction and admiralty jurisdic- tion: a division known as the Family Court, to exercise the 5 jurisdiction conferred under section 11 of the Family Courts Act 1980: a division known as the Youth Court, to exercise the jurisdiction conferred under section 272 of the Children, Young Persons, and Their Families Act 1989: a division known as the Disputes Tribunal, to exercise the jurisdiction conferred under section 10 of the Dis- putes Tribunal Act 1988 and a provision of any other enactment.
Compare: 1947 No 16 s 9(4) (d) (c) 10 15 20 25 Court offices 191 Court offices (1) The Governor-General may, by notice in the Gazette,— (a) declare that an office of the court is established at or for a place; and specify the date on and after which the office of the court is established.

(b) (3) (2) An office of the court may be housed in more than 1 building and, if it is established for a place, need not be physically es- tablished at that place or at all.
The Governor-General may, by notice in the Gazette, abolish an office of the court.
The following provisions apply on the abolition of an office of the court (the abolished office): (a) (4) the Minister may direct that the documents and records 30 in the abolished office must be transferred to another office of the court (the substituted office): (b) when delivered to the Registrar of the substituted office, the documents and records become subject to the cus- tody of that Registrar: 35 120 Judicature Modernisation Bill Part 2 cl 192 (c) (d) (e) (f) (g) the Registrar of the substituted office may do anything that could under an enactment or a rule have been done by the Registrar of the abolished office: a step in a proceeding that could, under an enactment or a rule, have been taken in the abolished office may be 5 taken in the substituted office: an act or a thing required or authorised by an enactment or a rule to be done by a person at the abolished office in relation to a proceeding or transaction or document may be done by a person at the substituted office: an address for service given by a party in relation to a proceeding in the abolished office continues to be the address for service of the party, but, if the address does not comply with any enactment or rule, the party must give a new address for service on first filing a document 15 in the proceeding in the substituted office: a Judge may— (i) decide a question as to the application of this section or the procedure to be followed; and 10 (5) (6) (7) (ii) make an order that the Judge thinks fit.
20 The Governor-General may from time to time appoint cities, towns, or other places in which courts may be held for the exercise of jurisdiction to conduct jury trials in accordance with the Criminal Procedure Act 2011.

The Governor-General may at any time in like manner amend 25 or revoke any appointment made under subsection (5).
The appointment under section 4(2A) of the District Courts Act 1947 of a city, borough, or other place that is in force im- mediately before the commencement of this section continues in force as if it were an appointment made under subsection 30 (5).

Subpart 2—Judges Appointment of Judges 192 Appointment of Judge (1) The Governor-General may, on the advice of the Attorney- 35 General, appoint a Judge.
121 Part 2 cl 193 Judicature Modernisation Bill (2) (3) The Governor-General appoints a Judge by a signed warrant of appointment.

The Attorney-General must publish information explaining his or her process for— (a) seeking expressions of interest for the appointment of 5 Judges; and nominating persons for appointment as a Judge.

(b) 193 Maximum number of Judges (1) (2) The maximum number of Judges is 156.
For the purposes of subsection (1),— (a) (b) a Judge who is acting on a full-time basis counts as 1: a Judge who is acting on a part-time basis counts as an appropriate fraction of 1: the aggregate number (for example, 155.5) must not ex- ceed the maximum number of Judges that is for the time 15 being permitted.
Compare: 1947 No 16 s 5(2), (2A) (c) 10 194 Appointment of Judge to sit in other jurisdiction or division of court A Judge may be appointed by warrant, designation, or other 20 prescribed means to sit in another jurisdiction or division of the court.

(1) A Judge may be appointed to sit in another jurisdiction or div- ision of the court by— (a) (b) (c) warrant of the Governor-General; or designation by Chief District Court Judge; or other prescribed means.
(2) An appointment under subsection (1)(a) or (b) is subject to the procedure prescribed (if any) in any enactment for the issue of the warrant or the making of the designation.

25 30 195 Appointment of jury trial Judges (1) The Governor-General must by warrant appoint sufficient Judges to exercise the criminal jurisdiction of the court in relation to jury trials under the Criminal Procedure Act 2011.
122 Judicature Modernisation Bill Part 2 cl 197 (2) The fact that a Judge is appointed under this section does not limit or affect the power of that Judge to exercise any other jurisdiction of the court or the powers of a Judge.

Compare: 1947 No 16 s 5B 196 Appointment of Judge for Chatham Islands (1) 5 The Governor-General may appoint a person as a Judge to exercise the criminal and civil jurisdiction of the court in the Chatham Islands.
The Judge appointed holds office during the pleasure of the Governor-General and must be paid the salary that is appro- 10 priated for the purpose by Parliament.

This Part applies to the person appointed, except those pro- visions relating to the procedure for appointment, eligibility, remuneration, and tenure of Judges.

Compare: 1947 No 16 s 11 15 (2) (3) 197 Who is eligible for appointment as Judge (1) A person may be appointed as a Judge if he or she satisfies the criteria in subsection (2) or (3).
(2) A person may be appointed as a Judge if— (a) (b) that person has for at least 7 years held a New Zealand 20 practising certificate as a barrister or as a barrister and solicitor; or that person— (i) (ii) (iii) holds a degree in law granted or issued by any university within New Zealand; and has been admitted as a barrister and solicitor of the High Court; and has held a practising certificate in a jurisdiction specified by Order in Council— (A) (B) for at least 7 years; or for a lesser number of years, but, when that number of years is added to the num- ber of years that the person has held a New Zealand practising certificate, the total number of years is at least 7 years.
25 30 35 (3) A person may be appointed as a Judge if he or she,— 123 Part 2 cl 198 Judicature Modernisation Bill (a) (b) for at least 7 years, has been admitted, or has been qual- ified to be admitted, as a barrister and solicitor of the High Court; and for at least 10 years, has been continuously employed by the Ministry of Justice; and for at least 7 of the 10 years referred to in paragraph (b), has been employed as a Registrar of the court.
In this section, court includes a District Court constituted under the District Courts Act 1947.

Compare: 1947 No 16 s 5 (c) (4) 198 Tenure of Judges (1) A Judge is appointed as a permanent Judge and holds office (2) until he or she resigns, retires, or is removed.

The terms and conditions of the appointment of a Judge may be changed only with the consent of the Judge.

Compare: 1947 No 16 s 5AA(7) 5 10 15 199 Seniority (1) The Chief District Court Judge is senior to all other District Court Judges.
(2) As between permanent Judges, seniority is determined by date 20 of appointment.

(3) As between permanent Judges appointed on the same day, se- niority is determined by the precedence assigned to them by the Governor-General or, if no precedence is assigned, by the order in which they take the judicial oath.

(4) A permanent Judge is senior to an acting Judge.

(5) Acting Judges have among themselves the seniority they would have if they were permanent Judges.
200 Restrictions on Judges (1) A Judge must not practise as a lawyer.

(2) A Judge must not undertake any other paid employment or hold any other office (whether paid or not) without the ap- proval of the Chief Justice given after consultation with the Chief District Court Judge.
25 30 124 Judicature Modernisation Bill Part 2 cl 202 (3) However, there is no need to obtain approval under subsection (1) for the appointment of a Judge to another office if an enactment permits or requires a Judge to hold that office.

(3) However, subsection (1) does not apply to another office if 5 (4) an enactment permits or requires the office to be held by a Judge.
The Chief Justice District Court Judge may approve other em- ployment or office only if he or she is satisfied that the other employment or office is compatible with the Judge’s office of 10 District Court Judge consistent with judicial office.
Compare: 1947 No 16 s 5(4), (5) 201 Protocol relating to activities of Judges (1) The Chief Justice must develop and publish a protocol con- taining guidance on— (a) the employment, or types of employment, that he or she considers may be undertaken consistent with being a Judge; and the offices, or types of offices, that he or she considers may be held consistent with being a Judge.

(b) (2) The protocol required by subsection (1) must be prepared in consultation with the Chief District Court Judge.
Powers of Judges 202 Powers of Judges (1) A Judge has the power— 15 20 25 (a) (b) to exercise the civil and criminal jurisdiction of the court in accordance with his or her warrant of appoint- ment; and if applicable, to exercise the jurisdiction conferred by a warrant to sit in the Family Court or to conduct jury 30 trials, or conferred by a designation to sit in the Youth Court.
(2) A Judge exercises the jurisdiction of the court by— (a) (b) hearing and determining proceedings in the court; and exercising the powers conferred by this Part or any 35 other enactment on the court or Judges of the court.

125 Part 2 cl 203 Judicature Modernisation Bill (3) Nothing in subsection (1) limits section 436 of the Children, Young Persons, and Their Families Act 1989.
Compare: 1947 No 16 s 58 203 Exercise of jurisdiction The jurisdiction of the court may be exercised by— (a) (b) a Judge; or if authorised by this Part or any other Act or by the rules, a Registrar or any person authorised to carry out the functions of a Registrar.

Compare: 1947 No 16 s 40 5 10 204 Additional powers of Judges (1) A Judge has the same powers and may make the same orders in relation to a proceeding pending before the court as a Judge of the High Court in chambers in a similar proceeding.
(2) Despite subsection (1), an interim injunction restraining a 15 party to a proceeding (whether domiciled, resident, or present in New Zealand) from removing from New Zealand, or other- wise dealing with, assets in New Zealand is the only interlocu- tory injunction in the nature of a freezing order that a Judge may grant.

20 (3) A Judge has no power to make a search order.

(4) Subsection (3) does not limit the power of a Judge to make an order for the detention, custody, or preservation of property.
Compare: 1947 No 16 s 42 205 Other functions of Judges 25 A Judge, by virtue of his or her appointment as a Judge,— (a) (b) (c) is also a coroner for New Zealand; and is also a Justice of the Peace for New Zealand; and although sitting alone, has the powers, functions, and discretions that must be exercised by 2 Justices sitting 30 together; and has the power to do alone whatever is authorised by any enactment to be done by 2 Justices together.
(d) Compare: 1947 No 16 s 8 126 Judicature Modernisation Bill Part 2 cl 207 206 Immunity of Judges A Judge has the same immunities as a High Court Judge.

Compare: 1947 No 16 s 119 Chief District Court Judge 207 Chief District Court Judge (1) 5 There must be a Chief District Court Judge appointed by the Governor-General on the advice of the Attorney-General.

The Chief District Court Judge is head of the court and each division of the court.
The Chief District Court Judge must ensure the orderly and 10 efficient operation of the court conduct of the court’s business, and for that purpose may, among other things,— (a) (b) (c) determine the sessions of the court; and assign Judges to those sessions; and assign Judges to particular divisions or jurisdictions; 15 and assign Judges to the hearing of cases and other duties; and determine the places and schedules of sessions for indi- vidual Judges (including varying the place and sched- 20 ules of sessions for Judges from time to time); and (ca) (d) (e) manage the workload of individual Judges; and (f) (g) delegate administrative duties to individual Judges; and oversee and promote the professional development, continuing education, and training of Judges; and (h) make directions and set standards for best practice and 25 procedure in the court.
The Chief District Court Judge may, after consultation with the Principal Family Court Judge and the Principal Youth Court Judge, give any directions in relation to the particular jurisdic- 30 tions to which Judges may be assigned that the Chief District Court Judge thinks are necessary.
The Chief District Court Judge, in assigning a Judge to the Family Court or the Youth Court, may give directions in rela- tion to the Family Court or the Youth Court, as the case may 35 be, but must first consult the Principal Judge of the court in question.
127 (2) (3) (4) (4) Part 2 cl 208 Judicature Modernisation Bill (5) (6) (7) The fact that a Judge sits in any particular court is conclusive evidence of his or her authority so to do, and no exercise of any jurisdiction or power by a Judge may be questioned on the ground that he or she was not authorised to sit in the court where the jurisdiction or power was so exercised.
The reference in subsections (3), (4), and (5) to jurisdic- tions means— (a) the ordinary civil and criminal jurisdiction of the Dis- trict Court, including common law and equitable juris- diction and admiralty jurisdiction: the specialist jurisdiction of the District Court by virtue of the constitution of the Family Court and the Youth Court as divisions of the District Court.
(b) 5 10 The power conferred by this section on the Chief District Court Judge does not include the power to give directions in relation 15 to any District Court Judge who for the time being presides over, or holds office as a member of, or holds office as, a tri- bunal.

Compare: 1947 No 16 ss 5A, 9 208 Tenure of Chief District Court Judge The Chief District Court Judge holds office until he or she— (a) (b) Compare: 1947 No 16 s 5A(2) resigns from that office; or ceases to hold office as a Judge.
209 Acting Chief District Court Judge (1) The Chief District Court Judge may, with the concurrence of the Chief Justice, nominate a Judge to act in place of the Chief District Court Judge for any period during which— (a) (b) the office of the Chief District Court Judge is vacant; or the Chief District Court Judge is absent from New 30 Zealand; or the Chief District Court Judge is unable for any reason (including illness) to perform the duties of the office.
(c) The Chief Justice may nominate a Judge to act in place of the Chief District Court Judge for any period during which the 35 Chief District Court Judge is unable for any reason (including illness) to perform the duties of the office.

(2) 128 20 25 Judicature Modernisation Bill Part 2 cl 212 (3) For the period of his or her appointment, the Acting Chief District Court Judge is empowered to perform the functions and duties, and to exercise all the powers, of the office of Chief District Court Judge.
Compare: 1947 No 16 s 5A(4) 5 Resignation, retirement, and removal 210 Resignation (1) A Judge may resign from office at any time by written notice (2) to the Attorney-General.

The Chief District Court Judge may resign from that office 10 without resigning from the office of District Court Judge, but only with the approval of the Attorney-General.
(3) A principal Judge may resign from that office without resign- ing from the office of District Court Judge, but only with the approval of the Attorney-General.

15 211 Retirement (1) A Judge must retire from office on reaching the age of 70 years.

(2) This section does not apply to an acting Judge.

212 Removal (1) The Governor-General may, on the advice of the Attorney- 20 General, remove a Judge from office on the grounds of inabil- ity or misbehaviour.
To avoid doubt, a Judge may be removed under subsection (1) for inability or misbehaviour related to the exercise, con- templated by section 205(a), of the judicial authority con- 25 ferred on a coroner by the Coroners Act 2006.

The removal of a Judge may be initiated in accordance with sections 33 and 34 of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004.

(2) (3) (4) A Judge may not be removed from office except under this 30 section.
Compare: 1947 No 16 s 7(1), (1A) 129 Part 2 cl 213 Judicature Modernisation Bill 213 Attorney-General may authorise permanent Judge to sit Part-time Judges (1) (2) (3) (4) (5) part-time The Attorney-General may, on application by a permanent Judge, authorise the Judge to sit on a part-time basis for a spe- 5 cified period.
The Attorney-General must not authorise a Judge to sit part- time unless the Chief District Court Judge agrees and, in con- sidering whether to agree, the Chief District Court Judge must have regard to the need to ensure the orderly and efficient op- 10 eration of the court conduct of the court’s business.

In the case of an Environment Judge, the Chief District Court Judge must first consult the Principal Environment Judge be- fore agreeing to the Judge sitting part-time.
The Attorney-General may authorise a Judge to sit part-time 15 with effect from— (a) (b) The Attorney-General may authorise a Judge to sit part-time for a specified period on more than 1 occasion.

the date on which the Judge takes up office; or any other date.

20 Acting Judges 214 Appointment of acting Judges (1) The Governor-General may, on the advice of the Attorney- General, appoint 1 or more acting Judges.
(2) Only a former Judge under the age of 75 years is eligible for 25 appointment as an acting Judge.

The Attorney-General must not advise the Governor-General to make an appointment unless the Attorney-General has re- ceived a certificate from the Chief District Court Judge certi- fying that the appointment is necessary due to the illness or 30 absence of a Judge, the requirement for a Judge for other of- fice, or other temporary need.
Before advising the Governor-General to make an appoint- ment under subsection (1), the Attorney-General must have received a certificate signed by the Chief District Court Judge 35 (3) (3) 130 Judicature Modernisation Bill Part 2 cl 216 certifying that the appointment is necessary for the proper con- duct of the court.
(4) Despite section 435 of the Children, Young Persons, and Their Families Act 1989, any person appointed under subsection (1) may at the same time or at any subsequent time during the 5 term of that person’s appointment be designated as a Youth Court Judge, and the designation takes effect during any period when and in any place where that person is entitled to act as a Judge.

In this section, former Judge means a person who has retired 10 or resigned from holding office as a District Court Judge.
(5) 215 Term of appointment of acting Judge (1) An acting Judge may be appointed for a term of not more than 2 years and may be reappointed for 1 or more terms.

(2) However, an acting Judge must not be appointed— 15 (a) (b) for a term that extends beyond the date on which the Judge reaches the age of 75 years; or for multiple terms collectively totalling more than 5 years.
20 25 30 216 Acting Judge must be authorised to act (1) An acting Judge may only act to the extent that he or she is authorised to do so by the Chief District Court Judge under subsection (2).

The Chief District Court Judge may authorise an acting Judge to act— (a) (b) during 1 or more specified periods; and in 1 or more specified places.
(2) (3) An acting Judge, while acting as authorised by the Chief Dis- trict Court Judge, has the jurisdiction, powers, protections, privileges, and immunities of a Judge.
Compare: 1947 No 16 s 10A(4), (5) 131 10 15 Part 2 cl 217 Judicature Modernisation Bill 217 Remuneration of Chief District Court Judge, principal Remuneration Judges, and permanent Judges The Chief District Court Judge, each principal Judge, and each permanent Judge must be paid, out of public money, without 5 further appropriation than this section,— (a) a salary at the rate determined by the Remuneration Au- thority; and allowances (if any) as determined by the Remuneration Authority; and any additional allowances, such as travelling allow- ances or other incidental or minor allowances, as the Government determines.
(b) (c) Compare: 1947 No 16 s 6(1) (2) 218 Remuneration of part-time or acting Judge (1) The salary and allowances of a part-time Judge must be calcu- lated and paid as a pro rata proportion of the salary and allow- ances of a full-time Judge.

For the period that an acting Judge acts as authorised under section 216, the acting Judge must be paid a salary and al- 20 lowances calculated as a pro rata proportion of the salary and allowances of a full-time Judge under section 217(a) and (c).
Compare: 1947 No 16 s 6(2A) 219 Reduction in remuneration of Chief District Court Judge 25 or principal Judge This section applies if the Chief District Court Judge or a principal Judge ceases to hold the position of Chief District Court Judge or principal Judge but continues to hold office as a Judge.

The salary and allowances of the Judge must be reduced by the amount of any salary and allowances that the Judge received solely by virtue of being the Chief District Court Judge or a principal Judge.
Compare: 1947 No 16 s 6(2B) 30 35 (1) (2) 132 Judicature Modernisation Bill Part 2 cl 223 220 (1) (2) Judge’s remuneration must not be reduced The remuneration payable to a Judge must not be reduced while the Judge holds office.

For the purposes of subsection (1), none of the following is a diminution of remuneration: (a) the payment of salary on a pro rata basis under section 218: the payment of reduced salary and allowances under section 219.
Compare: 1947 No 16 s 6(2), (2C) (b) Subpart 3—Community Magistrates Community Magistrates 221 Appointment of Community Magistrate (1) The Governor-General may, on the advice of the Minister, ap- point a Community Magistrate.

Before advising the Governor-General, the Minister may con- sult with any persons that the Minister considers appropriate.
Compare: 1947 No 16 s 11A(1), (3) (2) 5 10 15 222 Who is eligible for appointment as Community Magistrate A person may be appointed as a Community Magistrate if he 20 or she— (a) is capable, through his or her personal qualities, experi- ence, and skills, of performing the functions of a Com- munity Magistrate; and has been designated under the prescribed selection 25 process as a person eligible for appointment as a Com- munity Magistrate.
Compare: 1947 No 16 s 11A(2) (b) 223 Functions and powers of Community Magistrate (1) A Community Magistrate must carry out the functions and 30 may exercise the powers conferred on Community Magistrates by the Criminal Procedure Act 2011, the Summary Offences Act 1981, or any other enactment.
133 Part 2 cl 224 Judicature Modernisation Bill (2) Each Community Magistrate must sit in the court and at the times that the Chief District Court Judge directs after consult- ing— (a) (b) the Chief Community Magistrate; or if there is no Chief Community Magistrate, any other 5 Community Magistrate as the Chief District Court Judge thinks fit.

(3) The fact that a Community Magistrate sits in the court is con- clusive evidence of his or her authority to do so.
Compare: 1947 No 16 s 11C 10 224 Tenure of Community Magistrate A Community Magistrate holds office until he or she resigns, retires, or is removed.

225 Retirement, resignation, and removal (1) A Community Magistrate must retire from office on reaching 15 the age of 70 years.

(2) A Community Magistrate may resign from office at any time (3) by written notice to the Minister.
The Governor-General may, on the advice of the Minister, re- move a Community Magistrate from office if any of the fol- 20 lowing grounds for removal is proved to the satisfaction of the Governor-General: neglect of duty: (a) inability: (b) disability affecting performance of duty: (c) (d) bankruptcy: (e) misconduct.
Compare: 1947 No 16 s 11F 25 226 Remuneration of Community Magistrate must not be reduced The remuneration payable to a Community Magistrate must not be reduced while the Community Magistrate holds office.
Compare: 1947 No 16 s 11G(3) 30 134 Judicature Modernisation Bill Part 2 cl 228 227 Restrictions on Community Magistrates A Community Magistrate must not— (a) hold any office or engage in any employment or occu- pation that will, in the opinion of the Governor-General, impair the proper discharge of his or her functions as a 5 Community Magistrate; or be a lawyer; or be a Police employee; or be employed by the Ministry of Justice or the Depart- ment of Corrections; or be an officer of the High Court or of the District Court; or be a party to a prison management contract entered into under section 198(1) of the Corrections Act 2004 or to a security contract entered into under section 166 of the 15 Corrections Act 2004; or be a security officer as defined in section 3(1) of the Corrections Act 2004; or be a social worker as defined in section 2(1) of the Chil- dren, Young Persons, and Their Families Act 1989.
10 20 (b) (c) (d) (e) (f) (g) (h) Compare: 1947 No 16 s 11B Immunity for Community Magistrates 228 No proceeding against Community Magistrate unless he or she acted without jurisdiction (2) (1) No proceeding may be commenced against any Community 25 Magistrate for any act done by him or her, unless he or she has exceeded his or her jurisdiction or has acted without jurisdic- tion.
If a warrant to seize property or a warrant of commitment is granted by a Community Magistrate in good faith in reliance 30 on a conviction or an order entered or made by a Justice or Community Magistrate, no proceeding may be commenced against the Community Magistrate who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Community Magis- 35 trate who entered or made it.
Compare: 1947 No 16 s 11CA 135 Part 2 cl 229 Judicature Modernisation Bill 229 No proceeding against Community Magistrate to be commenced in District Court No proceeding against any Community Magistrate by any per- son claiming to have been injured by an act done by the Com- munity Magistrate in excess of jurisdiction or without juris- 5 diction may be commenced in the District Court.
Compare: 1947 No 16 s 11CB 230 Onus of proof In any proceeding commenced against a Community Magis- trate by a person claiming to have been injured by an act done 10 by the Community Magistrate in excess of jurisdiction or with- out jurisdiction, the onus of proving the excess or want of jur- isdiction lies on the person alleging it.
Compare: 1947 No 16 s 11CC 231 Plaintiff may be ordered to give security for costs (1) 15 This section applies to any proceeding commenced against a Community Magistrate by a person claiming to have been in- jured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.
The High Court or any Judge of that court, on application by 20 the Community Magistrate at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in an amount not exceeding $5002,000.

If security is ordered to be given, the High Court or Judge may direct that in the meantime all proceedings are stayed.
Compare: 1947 No 16 s 11CD 25 Indemnity to Community Magistrate Subsection (2) applies to any Community Magistrate against 30 whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Commu- nity Magistrate in excess of jurisdiction or without jurisdic- tion.
(2) (3) 232 (1) 136 (2) (3) (4) (5) Judicature Modernisation Bill Part 2 cl 232 The Community Magistrate must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate authenticated by a Judge of the High Court stating that, in the Judge’s opinion,— (a) the Community Magistrate acted in good faith under the 5 belief that he or she had in fact jurisdiction; and in all the circumstances the Community Magistrate ought fairly and reasonably to be excused.
(b) Subsections (4) and (5) apply if a Community Magistrate settles a claim against him or her by paying or agreeing to pay 10 an agreed amount of damages or costs before proceedings are commenced, or before or during trial of the proceeding.
The Community Magistrate must be indemnified by the Crown to the full amount of the amount paid or agreed to be paid if he or she produces a certificate authenticated by a Judge of the 15 High Court stating that, in the Judge’s opinion,— (a) the Community Magistrate acted in good faith under the belief that he or she had in fact jurisdiction; and in all the circumstances the Community Magistrate ought fairly and reasonably to be excused; and the amount paid or agreed to be paid was fair and rea- sonable.
(b) (c) 20 If the High Court Judge is not satisfied of the matter in sub- section (4)(c), the Judge may issue the certificate in respect of any lesser amount that in the Judge’s opinion is adequate 25 to settle the plaintiff’s claim, and in that case the Community Magistrate must be indemnified by the Crown to the amount specified in the certificate.
(6) Application for a certificate under any of subsections (2), (4), and (5) may be made by a Community Magistrate at any 30 time to a Judge in chambers, and the Judge has power to grant the certificate after considering all evidence that is given be- fore him or her either orally or in the form of affidavits.

(7) A copy of the application must be served by the Community Magistrate on the Attorney-General, who is entitled to appear 35 and oppose it.
Compare: 1947 No 16 s 11CE 137 Part 2 cl 233 Judicature Modernisation Bill Chief Community Magistrate 233 Chief Community Magistrate There may be a Chief Community Magistrate.

(2) 234 Appointment of Chief Community Magistrate (1) The Governor-General may, on the advice of the Minister, ap- 5 point the Chief Community Magistrate.
Regulations made under this Part may prescribe the criteria and procedure for the appointment of the Chief Community Magistrate, but the absence of those regulations does not pre- clude an appointment.

Compare: 1947 No 16 s 11D(1), (3) 10 235 Who is eligible for appointment as Chief Community Magistrate A person may be appointed as Chief Community Magistrate if he or she has held a practising certificate as a lawyer for at 15 least 5 years.
Compare: 1947 No 16 s 11D(2) 236 Tenure of Chief Community Magistrate (1) The Chief Community Magistrate holds office for as long as he or she holds office as a Community Magistrate.

The Chief Community Magistrate may resign from that office without resigning from the office of Community Magistrate, but only with the approval of the Governor-General.
Compare: 1947 No 16 s 11D(4), (5) (2) 237 Functions of Chief Community Magistrate (1) The functions of the Chief Community Magistrate include— taking appropriate steps to ensure that the integrity of (a) the office of Community Magistrate is maintained and that Community Magistrates operate effectively and ef- ficiently within the framework of the District Court: the other functions conferred on the Chief Community Magistrate by regulations made under this Part or by any other enactment.
(b) 138 20 25 30 Judicature Modernisation Bill Part 2 cl 239 (2) Without limiting subsection (1), the Chief Community Magistrate— (a) may sit as a Community Magistrate and exercise the jurisdiction of a Community Magistrate: (b) must be consulted by the Chief District Court Judge, 5 in accordance with section 223(2), with regard to the rostering of Community Magistrates: (c) may be involved in the design and implementation of training programmes for Community Magistrates in consultation with the Ministry of Justice and the Chief 10 District Court Judge: (d) may, where appropriate, liaise with interested persons on matters affecting the office of Community Magis- trate.
Compare: 1947 No 16 s 11E 15 238 Acting Chief Community Magistrate (1) The Governor-General may, on the advice of the Minister, ap- point a Community Magistrate to act in place of the Chief Community Magistrate for any period during which— (a) the office of the Chief Community Magistrate is vacant; 20 or the Chief Community Magistrate is absent from New Zealand; or the Chief Community Magistrate is unable for any rea- son (including illness) to perform the duties of the of- 25 fice.
(b) (c) (2) For the period of his or her appointment, the Acting Chief Community Magistrate is empowered to perform the functions and duties, and to exercise all the powers, of the office of Chief Community Magistrate.

Compare: 1947 No 16 s 11D(6) 30 Acting Community Magistrates 239 Appointment of acting Community Magistrates (1) The Governor-General, on the advice of the Minister, may ap- point an acting Community Magistrate.
35 139 Part 2 cl 240 Judicature Modernisation Bill (2) Only a former Community Magistrate is eligible for appoint- (3) ment as an acting Community Magistrate.

In this section, former Community Magistrate means a per- son who has retired or resigned from holding office as a Com- munity Magistrate.
Compare: 1947 No 16 s 11H(1) 240 Term of appointment of acting Community Magistrate (1) An acting Community Magistrate may be appointed for a term of not more than 2 years and may be reappointed for 1 or more further terms.

(2) However, an acting Community Magistrate must not be ap- pointed for a term that extends beyond the date on which the acting Community Magistrate reaches the age of 73 years.
Compare: 1947 No 16 s 11H(2) 5 10 15 (2) 241 Acting Community Magistrate must be authorised to act (1) An acting Community Magistrate may only act to the extent that he or she is authorised to do so by the Chief District Court Judge.

Before authorising an acting Community Magistrate, the Chief District Court Judge must consult with the Chief Commu- 20 nity Magistrate or, if there is no Chief Community Magistrate, any other Community Magistrate that the Chief District Court Judge thinks appropriate.
The Chief District Court Judge may authorise an acting Com- munity Magistrate to act— (a) (b) during 1 or more specified periods; and in 1 or more specified places.

(3) 25 (4) An acting Community Magistrate, while acting as author- ised by the Chief District Court Judge, has the jurisdiction, powers, protections, privileges, and immunities of a Commu- 30 nity Magistrate.
Compare: 1947 No 16 s 11H(3), (5) 140 Judicature Modernisation Bill Part 2 cl 244 242 Remuneration of Chief Community Magistrate and Remuneration (1) (2) Community Magistrates The Chief Community Magistrate must be paid, out of public money, without further appropriation than this section,— (a) a salary or a fee, or an allowance, at the rate determined by the Remuneration Authority; and any additional allowances, such as travelling allow- ances or other incidental or minor allowances, as deter- mined by the Governor-General by Order in Council.
(b) 5 10 Each Community Magistrate must be paid, out of public money, without further appropriation than this section,— (a) a salary, or a fee, or an allowance at the rate determined by the Governor-General by Order in Council; and any additional allowances, such as travelling allow- 15 ances or other incidental or minor allowances, as deter- mined by the Governor-General by Order in Council.
(b) (3) An Order in Council made under subsection (2)(a) (1)(b) or (2) is a legislative instrument, but not a disallowable instru- ment, for the purposes of the Legislation Act 2012 and must 20 be presented to the House of Representatives under section 41 of that Act.
Compare: 1947 No 16 s 11G(2) 243 Remuneration of acting Community Magistrate For the period that an acting Community Magistrate acts as 25 authorised under section 241, the acting Community Magis- trate must be paid the salary, fee, and allowances determined for a Community Magistrate under section 242.
Compare: 1947 No 16 s 11H(4) Registrars, bailiffs, and other officers of court 30 244 Appointment of Registrars, Deputy Registrars, and other (1) officers of court Registrars, Deputy Registrars, and other officers of the court may be appointed under the State Sector Act 1988 for the con- duct of the business of the court.
35 141 Part 2 cl 245 Judicature Modernisation Bill (2) In any case where a Registrar or Deputy Registrar has died or is prevented by illness or other cause from acting in his or her office, a Judge may appoint a Deputy Registrar to act for such period as the Judge thinks fit, and a Judge may at any time terminate that person’s appointment.
Compare: 1947 No 16 ss 12(1), 14(1), (2) 245 Powers of Registrars and Deputy Registrars (1) A Registrar has the duties and powers— (a) (b) conferred by this Part, any other enactment, or the rules: necessary or desirable to ensure the efficient and effect- ive administration of the operations of the court.

5 10 (2) A Deputy Registrar has and may perform and exercise the (3) same duties and powers as a Registrar.

Subsection (2) is subject to any provision to the contrary in 15 the rules.
Compare: 1947 No 16 ss 12, 14(1A) 246 Registrar must hold record of proceedings (1) The Registrar must hold such records of, and in relation to, proceedings as the chief executive requires.

If the existence of the record of the court is in dispute, the existence of the record must be determined by the court.
Compare: 1947 No 16 s 13(1), (3) (2) 247 Admissibility of document required to be held by Registrar (1) This section applies to— (a) a document or part of a document required by the rules to be held by a Registrar; or a copy of or an extract from the document or part of the document that has been sealed with the seal of the court and authenticated and certified by a Registrar as a true 30 copy or correct extract.
(b) (2) A document or part of a document or a copy of or an extract from it referred to in subsection (1) is admissible without further proof as evidence of— (a) the document or part of it; and 35 142 20 25 Judicature Modernisation Bill Part 2 cl 248 the proceeding to which it relates; and the regularity of that proceeding.
(b) (c) Compare: 1947 No 16 s 13(2) 248 Appointment of bailiffs (1) Bailiffs and deputy bailiffs may be appointed under the State 5 Sector Act 1988 for the exercise of the powers of bailiffs set out in section 250.

(2) A Judge may authorise a constable or other person to act on a particular occasion as a bailiff.
(3) A bailiff must take an oath of office in the following form (or 10 make an affirmation as provided by section 4 of the Oaths and Declarations Act 1957): English form I, [name], swear that I will faithfully and diligently serve Her (or His) Majesty [specify the name of the reigning Sovereign, 15 as in: Queen Elizabeth the Second], Queen (or King) of New Zealand, her (or his) heirs and successors, as a bailiff at [place], without favour or affection, malice or ill-will.
While I hold this office I will, to the best of my power, keep the peace and prevent offences against the peace and will, to the 20 best of my skill and knowledge, perform all the duties of the office of bailiff according to law.

So help me God.
So help me God.

Māori form Tēnei au, a [ingoa], e kī taurangi nei, ka rato pirihonga, urupū hoki ahau i Ia Arikinui [tohua te ingoa o te Arikinui 25 kei runga i te torona, pērā ki a Kuini Irahāpeti te Tuarua], Kuini (Kīngi rānei) o Niu Tīreni, me ōna uri whakaheke, hei kaituku hāmene ki [wāhi] i roto i te kore tautoko, kore aroha rānei, kore mahi kino, kore whakaaro kino rānei.
I te wā ke tēnei tūranga ahau ka pōkaikaha ahau ki te hohou i te rongo 30 me te kaupare atu i nga mahi kotikoti i te rongo, ā, i roto i ōku tino pūkenga me ōku mōhio, ka whakatutuki i ngā mahi kua whakaritea hei mahi mā te kaituku hāmene, e ai ki te ture.

Nō reira, āwhina mai i ahau e te Atua.


Compare: 1947 No 16 s 15(1), (2), 17(1)(a), (3) 35 143 Part 2 cl 249 Judicature Modernisation Bill 249 Appointment of deputy bailiffs (1) A Judge may— (a) (b) appoint a deputy to act for a bailiff who is prevented from illness or other cause from acting as bailiff; and in the case of the death of a bailiff, may appoint a deputy 5 to act as bailiff until another appointment is made.
(2) A Judge may at any time terminate the appointment of a deputy bailiff appointed under subsection (1).

Compare: 1947 No 16 s 16(1) 250 Powers and duties of bailiffs (1) A bailiff has— (a) (b) (c) (d) (e) the powers of a constable: the power to serve a court document or an order: the power to enforce an order of the court: the power to execute a warrant: any other powers conferred by this Part, any other en- actment, or the rules.
(2) A bailiff must— 10 15 (c) (a) (b) attend each session of the court to which he or she is appointed for such time as required, unless his or her 20 presence is excused by the court: as required serve the summonses and orders, and exe- cute the warrants, issued by the court, but may authorise any person to act for him or her in effecting the service or execution: conform to the rules and regulations governing the exe- cution of the office of bailiff, and in other respects be subject to the directions of a Judge or Registrar.
In enforcing an order of the court, a bailiff has the same powers and is subject to the same liabilities as a sheriff of the High 30 Court.

Sections 121, 128, and 129 of the Search and Surveillance Act 2012 (which relate to a general power to stop vehicles) do not apply to a bailiff.
Compare: 1947 No 16 ss 17(1), (2), 17A 25 35 (3) (4) 144 Judicature Modernisation Bill Part 2 cl 254 251 Powers, etc, of deputy bailiffs A deputy bailiff, under this Part and any other Act, has the same powers and privileges, must perform the same duties, and is subject to the same penalties and provisions as if he or she were a bailiff.
Compare: 1947 No 16 s 16(2) 252 Misconduct of officers (1) This section applies if an officer of the court is charged with— extortion or misconduct while acting on court business; (a) or failing to account for or pay money received by him or her under the authority of this Part.

(b) (2) A Judge may inquire into the matter and may require the at- tendance of all necessary persons as if those persons were wit- nesses in a proceeding.
(3) After inquiry, the Judge may— (a) make orders for the repayment of money extorted or received and for the payment of damages and costs; and impose a fine on the officer not exceeding $2,000 for each offence.
(b) Compare: 1947 No 16 s 19 5 10 15 20 253 Officer of court must not act as lawyer in court proceedings Except as provided by this Part or the rules or by any other en- (1) actment, an officer of the court must not directly or indirectly act as a lawyer or an agent for any party in any proceedings in 25 any court.

(2) A person who contravenes subsection (1) commits an of- fence and is liable on conviction to a fine not exceeding $1,000.
Compare: 1947 No 16 s 20 Court business 254 Sessions of court and adjournments (1) Subject to a direction by the Chief District Court Judge, a Judge may hold a session of the court at a time and place the Judge thinks fit.
30 35 145 Part 2 cl 255 Judicature Modernisation Bill (2) Subject to the power of a Judge under subsection (1), a Registrar may hold a session of the court at a time and place the Registrar thinks fit, if— (a) the Registrar is satisfied that the session could more conveniently or fairly be held at that time and place; and 5 all the parties to the proceeding consent.

(3) A Judge may adjourn a session of the court to a time and place (b) the Judge thinks fit.
(4) A Registrar must adjourn a session of the court if a Judge is not present at the time appointed for that session, and may adjourn 10 it to the time and place that the Registrar determines.

(5) Nothing in section 191 affects the power of a Judge under subsection (1).
Compare: 1947 No 16, ss 4A, 22, and 23 Subpart 4—Jurisdiction Criminal jurisdiction of District Court 255 Criminal jurisdiction of court The court has the jurisdiction in relation to criminal proceed- ings conferred by— (a) (b) the Criminal Procedure Act 2011; and any other enactment.
Civil jurisdiction of District Court 256 General civil jurisdiction (1) The court has jurisdiction to hear and determine a proceed- ing— (a) in which the amount claimed or the value of the property in dispute does not exceed $350,000: that under any enactment other than this Part may be heard and determined in the court.
(b) 15 20 25 The amount claimed in a proceeding under subsection (1) 30 may be for the balance not exceeding $350,000 of an amount owing after a set-off of any claim by the defendant that is ad- mitted by the claimant.
Compare: 1947 No 16 s 29 (2) 146 Judicature Modernisation Bill Part 2 cl 259 257 Money recoverable by statute (1) The court has jurisdiction to hear and determine a proceed- ing— (a) for the recovery of any penalty, expenses, costs, contri- bution, or similar monetary liability that is recoverable 5 under any enactment; and in which the amount claimed does not exceed $350,000 excluding interest under the Judicature Modernisa- tion Act 2013.
(b) (2) (3) Subsection (1) does not apply if an enactment expressly pro- 10 vides that the proceeding can only be brought in another court.

In subsection (1)(a), penalty does not include a fine to which a person is liable on conviction of an offence.

Compare: 1947 No 16 s 30 258 (1) Jurisdiction in equity Subject to other provisions in this Part, the court has the same equitable jurisdiction as the High Court.
15 (2) However, the court does not have jurisdiction under subsec- tion (1) to hear and determine a proceeding in which the amount claimed or the value of the property that is the subject 20 of the proceeding exceeds $350,000.

Subsection (1) does not apply if an enactment (other than section 11 of the Judicature Modernisation Act 2013) expressly provides that the proceeding is a proceeding or class of proceeding that another court has jurisdiction to hear and 25 determine.
(3) (4) Despite subsection (3), the court may make orders under section 49 of the Administration Act 1969.

Compare: 1947 No 16 s 34(1)(a), (2), (2A), (3) 259 (1) Jurisdiction in relation to partnerships The court has jurisdiction to hear and determine any pro- ceeding for the dissolution or winding up of any partnership (whether or not the existence of the partnership is in dispute), if the total assets of the partnership do not exceed $350,000 in amount or value.
30 35 147 Part 2 cl 260 Judicature Modernisation Bill (2) No proceeding in the court for the dissolution or winding up of a partnership, nor any order made in the proceeding, prevents a creditor from applying for the adjudication of a member of the partnership as a bankrupt.
Compare: 1947 No 16 s 34(1)(b), (3) 5 260 Exceptions (1) The court does not have jurisdiction to hear and determine the following classes of proceedings: (a) proceedings for the recovery of land (but see section 261(1)(a)): proceedings relating to the title to a royal privilege or other grant of a Crown prerogative: proceedings relating to the validity or interpretation of a will: proceedings or applications that under any enactment 15 must be heard and determined by a court other than the District Court.
10 (b) (c) (d) (2) However, despite subsection (1)(c), the court does have jur- isdiction to hear and determine any proceedings in which title to inheritable property is in issue if the proceedings are other- 20 wise within its jurisdiction.
Compare: 1947 No 16 ss 29(1), 35 Jurisdiction to recover land in certain cases 261 (1) Despite section 260(1)(a), the court has jurisdiction to hear and determine a proceeding for the recovery of land in the 25 situations specified in subsection (2) if— (a) (b) The situations are— (a) the annual rent does not exceed $62,500; or the value of the land does not exceed $500,000.
a lessee or other person occupying premises has failed 30 to vacate the whole or part of the premises after— (i) the lease has ended or been terminated by the lessor or the lessee; and the lessor or the lessee (in the case of another per- son occupying the whole or part of the premises) 35 has given notice to vacate the premises or has de- (ii) (2) 148 Judicature Modernisation Bill Part 2 cl 263 manded possession of the premises, as the case may be: (b) (c) a lessor is entitled to exercise a right to re-enter premises for non-payment of rent: a person without right, title, or licence is in possession 5 of the land.
(3) For the purposes of subsection (1)(b), if the capital value of the land appears in a district valuation roll under the Rating Valuations Act 1998, that value is the value of the land.
Compare: 1947 No 16 s 31 10 262 Abandonment of part of claim to give court jurisdiction (1) This section applies to a proceeding that, apart from this sec- tion, the court would not have jurisdiction to hear and deter- mine because the amount of the claim or the value of the prop- erty or relief claimed or in issue exceeds the monetary limit of 15 the court’s jurisdiction.
If the claimant abandons the excess,— (a) the court has jurisdiction to hear and determine the pro- ceeding; and the claimant cannot recover an amount exceeding the 20 monetary limit of jurisdiction plus costs.

(b) The judgment of the court in the proceeding operates as a full discharge of the cause of action.
Compare: 1947 No 16 s 36 263 Extension of jurisdiction by consent (1) This section applies to a proceeding (including a proceeding in admiralty) that, apart from this section, the court would not have jurisdiction to hear and determine because the amount of the claim or the value of the property or relief claimed or in issue exceeds the monetary limit of the court’s jurisdiction.
If the parties to the proceeding or to a counterclaim in the pro- ceeding consent,— (a) the monetary limit of the court’s jurisdiction is ex- tended, for the purposes of the proceeding, to the limit of the amount of the claim or the value of the property 35 or relief claimed; and 25 30 (2) (3) (2) 149 Part 2 cl 264 Judicature Modernisation Bill (b) the court may hear and determine the proceeding on that basis.
Compare: 1947 No 16 s 37 264 Jurisdiction exclusive of interest Interest included in the amount for which a judgment is given 5 under the Judicature Modernisation Act 2013 is not to be taken into account for the purposes of determining the juris- diction of the court.

Compare: 1947 No 16 s 42A 265 Causes of action not to be divided (1) A cause of action may not be divided for the purpose of bring- 10 ing 2 or more proceedings or a counterclaim.
(2) Nothing in subsection (1) prevents a party from including in a single proceeding multiple causes of action that in the aggregate, but not individually, exceed the jurisdiction of the 15 court.
Compare: 1947 No 16 s 38 266 Remedies Subject to section 291, in a proceeding a Judge may, in the same way as a Judge of the High Court in the same or a similar 20 proceeding,— (a) (b) (c) grant the same remedies, redress, or relief: dispose of the proceeding: give the same effect to every ground of defence or coun- terclaim, whether legal or equitable.
Compare: 1947 No 16 s 41 267 Proceedings against absent defendant The court must not determine any proceeding against a defen- dant who is absent from New Zealand unless the court is sat- isfied that— (a) service has been effected in any of the ways provided by the rules; or 150 25 30 Judicature Modernisation Bill Part 2 cl 270 (b) service has been effected in accordance with the rules on an agent of the defendant who is authorised to accept service.
Compare: 1947 No 16 s 39 Subpart 5—Transfer of proceedings 268 Transfer of proceeding in which amount or value of claim 5 (1) exceeds $90,000 This section applies to a proceeding in which the amount of the claim or the value of the property or relief claimed or in issue exceeds $90,000.

10 (2) A defendant in the proceeding may by notice require that the proceeding be transferred to the High Court.

(3) On receipt of the notice, a Judge must order that the proceeding (4) is transferred to the High Court.
This section does not apply to a proceeding for the recovery 15 of land, unless a Judge certifies that, in the Judge’s opinion,— an important question of law is likely to arise; or (a) a question of title to an hereditament is likely to arise (b) other than incidentally.
Compare: 1947 No 16 s 43(1), (5) 269 Transfer of proceeding in which amount or value of claim (1) does not exceed $90,000 This section applies to a proceeding in which the amount of the claim or the value of the property or relief claimed or in issue does not exceed $90,000.
20 25 (2) A Judge may, on application by a defendant in the proceeding, transfer the proceeding to the High Court if the Judge is satis- fied that— (a) (b) an important question of law or fact is likely to arise; or a question of title to an hereditament is likely to arise 30 other than incidentally.
Compare: 1947 No 16 s 43(2), (5) 270 Procedure for transfer of proceeding (1) A notice or an application for the transfer of a proceeding under section 268 or 269 must be given or made within the 35 151 Part 2 cl 271 Judicature Modernisation Bill prescribed period or, with the leave of a Judge, within any fur- ther time.

(2) An order transferring the proceeding may be made on such conditions as the Judge thinks fit requiring the defendant to give security for the costs of the proceeding in the High Court.
5 Sections 268 and 269 apply to a counterclaim as if— the counterclaim were a proceeding; and (a) the defendant in the counterclaim were the defendant in (b) the proceeding.

(3) (4) On the transfer of a proceeding in which there is a counter- 10 claim or on the transfer of a counterclaim, the whole proceed- ing, including the claim and the counterclaim, must be trans- ferred to the High Court.
For the purposes of subsection (4), the Registrar of the Dis- trict Court must send to the Registrar of the High Court— (a) (5) 15 a sealed copy of the order transferring the proceeding; and a copy of the documents by which the proceeding was commenced and of all other documents filed in the Dis- trict Court in the proceeding; and a copy of such other documents as the Judge of the Dis- trict Court directs.
(b) (c) Compare: 1947 No 16 s 43(3), (4) 271 High Court Judge may order removal of proceeding into High Court (1A) (1) A High Court Judge may, on application by a party to a pro- ceeding, order the removal of the proceeding into the High Court if the Judge is satisfied that it is desirable to do so.
In deciding whether to make an order under subsection (1), the Judge must have regard to the following factors: (a) (b) (c) (d) (e) (f) the nature of the case: the complexity of the case: the general or public importance of the case: the amount in issue: the likely length of the hearing: the financial resources of the parties: 152 20 25 30 35 Judicature Modernisation Bill Part 2 cl 273 (g) whether it is otherwise in the interests of justice to make the order.
(2) (3) The order may be made on conditions, including conditions as to costs or giving security for costs, that the Judge thinks fit.

This section overrides sections 268 to 270.

Compare: 1947 No 16 s 43(6) 5 272 Transfer of proceeding if no jurisdiction (1) A Judge may order the transfer of a proceeding for which the court does not have jurisdiction to the High Court or to another court that has jurisdiction.

This subsection is subject to sub- 10 section (2).


(2) A Judge may strike out a proceeding if satisfied that the claimant knew or ought to have known that the court did not have jurisdiction to hear and determine the proceeding.

(3) A Judge who strikes out a proceeding under subsection (2) 15 may award costs as if the court did have jurisdiction and the claim failed.
Compare: 1947 No 16 s 44 273 Transfer of proceeding to High Court if counterclaim (1) exceeds jurisdiction This section applies to a proceeding in the court in which a counterclaim or set-off and counterclaim involves a matter that is outside the jurisdiction of the court.
20 (2) A party to the proceeding may apply, within the time pre- scribed by the High Court Rules, to the High Court for an order 25 transferring the proceeding, or the proceeding on the counter- claim or set-off and counterclaim, to the High Court.
(3) A Judge of the High Court may order that— (a) (b) (c) the proceeding is transferred to the High Court; or the proceeding is heard and determined in the District 30 Court; or only the proceeding on the counterclaim or set-off and counterclaim is heard in the High Court and that the rest of the proceeding is heard and determined in the District Court.
35 153 Part 2 cl 274 Judicature Modernisation Bill (4) (5) Execution of a judgment of the court in favour of a claimant in a proceeding to which subsection (3)(c) applies must, unless the High Court orders otherwise, be stayed until the proceed- ing transferred to the High Court is heard and determined.
The court has jurisdiction to hear and determine a proceeding 5 to which this section applies if— (a) no application is made under subsection (2) within the time prescribed by the High Court Rules; or the High Court orders that the proceeding is heard and determined in the District Court.

(b) (6) Subsection (5) overrides anything to the contrary in any other enactment.
(7) Where the High Court makes an order under this section, the Registrar of the High Court must send a copy of the order to the Registrar of the District Court.
Compare: 1947 No 16 s 45 274 Transfer of summary judgment applications to High Court (1) A Subject to subsection (1A), a Judge may, on the applica- tion of a party to a summary judgment application made in the 20 court or on the Judge’s own initiative, order that the summary judgment application or a matter arising in the summary judg- ment application is transferred to the High Court.

(1A) A Judge may make the order if the Judge is satisfied that an (2) important question of law is likely to arise.
The High Court may— (a) (b) hear and determine the summary judgment application or a matter arising in it; or refer the summary judgment application or a matter arising in it back to the District Court with any direc- 30 tions that the High Court thinks fit.

Compare: 1947 No 16 s 45A 275 Determination of question of law by High Court (1) A Judge may order that a question of law in a proceeding in the court must be determined by the High Court.
35 154 10 15 25 Judicature Modernisation Bill Part 2 cl 277 (2) The High Court has the same power to determine the question as the District Court.
Compare: 1947 No 16 s 45B 276 Transfer of proceeding from High Court to District Court (1) A Judge of the High Court may, on the application of a party 5 to a proceeding commenced in the High Court, transfer the proceeding to the District Court if— (a) an agreement under section 263 applies to the pro- ceeding; or the subject matter of the proceeding is within the juris- 10 diction of the District Court.
(b) (2) A Judge of the High Court may, on the Judge’s own initiative, order the transfer to the District Court of a proceeding com- menced in the High Court if— (a) the subject matter of the proceeding is within the juris- 15 diction of the District Court; and the Judge is satisfied that no important question of law or fact is likely to arise in the proceeding.
(b) Compare: 1947 No 16 s 46 277 Procedure on transfer of proceeding to District Court (1) If an order is made under section 276 to transfer a proceeding to the District Court, the Registrar of the High Court must send to the Registrar of the District Court— (a) a sealed copy of the order transferring the proceeding; and a copy of the documents by which the proceeding was commenced and of all other documents filed in the High Court in the proceeding; and a copy of such other documents as the Judge of the High Court directs.
(b) (c) (2) (3) Subject to the rules, the District Court has jurisdiction to hear and determine the proceeding on the transfer to the court of the documents, despite anything contained in any other enact- ment, and must do so as if the proceeding had originally com- menced in the District Court.
The transfer of the proceeding to the District Court does not affect— 155 20 25 30 35 Part 2 cl 278 Judicature Modernisation Bill (a) (b) any right of appeal or the right to apply for leave to ap- peal against any decision of the High Court in the pro- ceeding or against the order transferring the proceeding; or the right to enforce a judgment or an order of the High 5 Court made in the proceeding.
Compare: 1947 No 16 s 47 278 Costs in cases transferred (1) This section applies to a proceeding or counterclaim or set-off and counterclaim (a transferred proceeding) that is trans- 10 ferred— (a) (b) (c) from the District Court to the High Court; or from the High Court to the District Court; or.

within the District Court.

(2) Any order for costs in a transferred proceeding must be made 15 (3) by the court to which the proceeding is transferred.
Subsection (2) is subject to an order of the court that made the order to transfer the proceeding.

(4) An order for costs in relation to part of a proceeding transferred to the District Court that takes place in the High Court— (a) must be made in accordance with the High Court Rules; (b) and subject to any order by a High Court Judge, may be made by a District Court Judge.
(5) Subsection (6) applies to— (a) (b) a summary judgment application or a matter arising on a summary judgment application that has, after having been transferred to the High Court under section 274, been referred back to the District Court: a proceeding continued in the District Court after a 30 question of law in the proceeding has, under section 275, been determined in the High Court.
(6) An order for costs in the proceeding or matter in relation to the proceeding in the District Court both before and after transfer to the High Court must be made by a District Court Judge.

35 (7) Despite subsection (6), an order for costs incurred in the High Court may be made only by a High Court Judge in ac- 156 20 25 Judicature Modernisation Bill Part 2 cl 280 cordance with the High Court Rules, but may be included in a judgment or an order made by the District Court.
Compare: 1947 No 16 s 48 Subpart 6—Procedure Parties 5 279 Trustees, executors, and administrators (1) Any trustee, executor, or administrator may be a party to a proceeding as if he or she were a party in his or her own right, without joining any of the persons beneficially interested in the trust or estate, and is taken to represent those persons in 10 the proceeding.
The court may at any stage of the proceeding make an order joining any of the persons beneficially interested as parties to the proceeding, whether as an additional party or in substitu- tion for an existing party.

Compare: 1947 No 16 s 49 (2) 15 280 Minors (1) Any minor under the age of 18 years who is or has been mar- ried or in a civil union may be a party to a proceeding in con- tract or tort in his or her own name.
20 (2) A judgment in a proceeding under subsection (1) may be (3) given and enforced in the minor’s own name.

In this section, minor means a person who is under the age of 18 years.

(4) Any minor under the age of 18 years who is or has been mar- 25 ried or in a civil union and any minor over the age of 18 years person over the age of 18 years but under the age of 21 years may make or be a party to an application under section 8 of the Domestic Actions Act 1975 without a next friend or guardian ad litem.
The court may make orders on an application referred to in subsection (4), and proceedings to enforce an order may be taken, in the minor’s own name.
Compare: 1947 No 16 s 50(1)–(3) (5) 30 157 Part 2 cl 281 Judicature Modernisation Bill 281 Persons jointly liable (b) In a claim against 2 or more persons who are jointly liable,— it is sufficient to serve any 1 or more of those persons; (a) and judgment may be obtained, and execution issued, 5 against a person served, whether or not the others jointly liable have been served or sued or are within the jurisdiction of the court; and a person against whom judgment is obtained and who has satisfied the amount of the judgment in full or in part 10 may recover contribution from any other person jointly liable.
(c) Compare: 1947 No 16 s 51 282 Bankruptcy of plaintiff (1) The bankruptcy of a plaintiff in a proceeding that the Official 15 Assignee might continue for the benefit of creditors does not bring the proceeding to an end if, within a reasonable time as ordered by the court, the Official Assignee elects to continue it.

The court may adjourn the proceeding to enable an election to be made.
If the Official Assignee does not elect to continue the proceed- ing within the time allowed by the court, the defendant may rely on the bankruptcy as a defence to the proceeding.

Compare: 1947 No 16 s 52 20 (2) (3) Witnesses 283 Witness expenses (1) The following persons are entitled, in the prescribed amount, to witness expenses and compensation for loss of time: (a) (b) a person who comes to the court on a witness summons: a person who gives evidence in a proceeding.
(2) Despite subsection (1), the court may disallow the whole or part of any witness expenses or compensation for loss of time.

The person who calls the witness is liable to pay the amount of witness expenses and compensation for loss of time.
Compare: 1947 No 16 s 53 (3) 158 25 30 35 Judicature Modernisation Bill Part 2 cl 286 284 Offence to disobey witness summons (1) Every person commits an offence and is liable on conviction to a fine not exceeding $12,000 who,— (a) having been served with a witness summons, fails with- out reasonable excuse to appear or to produce any docu- 5 ments required to be produced in accordance with the summons; or refuses to be sworn or to give evidence.
(b) It is a defence to a charge under subsection (1) that the per- son’s witness expenses in the prescribed amount have not been 10 paid or tendered to him or her at the time the witness summons is served or within a reasonable time before the hearing.

The conviction of a person for an offence against this section does not prevent a civil claim against the person for failing to comply with a witness summons or for refusing to be sworn 15 or to give evidence.
Compare: 1947 No 16 s 54 (2) (3) 285 Examination of witnesses and service of process overseas On an application made in accordance with the rules, the court may— (a) issue a commission, request, or order for the examin- ation of witnesses overseas for the purpose of any pro- ceeding: direct and supervise the service overseas of any process of the court.
(b) Compare: 1947 No 16 s 55 286 Who may take affidavit (1) Any of the following persons may swear take an affidavit or take an affirmation to be used in the court: (a) (b) (c) (d) (e) a Judge: a Registrar: a Justice of the Peace: a Community Magistrate: a lawyer.
20 25 30 (2) However, a lawyer may not swear take an affidavit or take 35 an affirmation for use in a proceeding in which the lawyer is 159 Part 2 cl 287 Judicature Modernisation Bill engaged, unless the affidavit or affirmation is for use in an ex parte application in a non-contentious proceeding.
Compare: 1947 No 16 s 56 Discovery 287 Pre-commencement discovery (1) 5 The court may, in the circumstances set out in the rules, make the orders set out in subsection (2) if— (a) a person (A) has made an application for those orders in accordance with the rules; and it appears to the court that A is or may be entitled to 10 bring a proceeding in the court; and it appears to the court that another person (B) is likely to have or have had in B’s possession, custody, or power a document or class of documents that is relevant to an issue arising or likely to arise in A’s proceeding.
15 (b) (c) (2) The court may order B— (a) to disclose to the court and to any other prescribed per- son whether the document or documents are in B’s pos- session, custody, or power; and if a document has been but is no longer in B’s posses- 20 sion, custody, or power, to disclose to the court and to any other prescribed person when B parted with it and what has become of it; and to produce such of those documents as are in B’s pos- session, custody, or power to the court or to any other 25 prescribed person.
(b) (c) Compare: 1947 No 16 s 56A 288 Discovery against non-party after proceeding commenced This section applies if it appears to the court, at any stage of (1) a proceeding and in such circumstances as may be prescribed, 30 that a document or class of documents may be or may have been in the possession, custody, or power of a person (C) who is not a party to the proceeding.
The court may order C— (2) 160 Judicature Modernisation Bill Part 2 cl 289 (a) (b) (c) to disclose to the court and to any other prescribed per- son whether the document or documents are in C’s pos- session, custody, or power; and if a document has been but is no longer in C’s posses- sion, custody, or power, to disclose to the court and to 5 any other prescribed person when C parted with it and what has become of it; and to produce such of those documents as are in C’s pos- session, custody, or power to the court or to any other prescribed person.
10 Compare: 1947 No 16 s 56B Subpart 7—Hearing 289 Right to appear (1) A natural person (P) who is a party to a proceeding in the court (2) 15 appear and act for himself or herself; or be represented by a lawyer.
may— (a) (b) In special circumstances and with the permission of the court, P may be represented— (a) by an agent authorised in writing by P, if P is in New 20 Zealand; or if P is not in New Zealand, by an agent authorised by a person holding P’s power of attorney to become a party to the proceeding in P’s name.

(b) (3) A corporation may— 25 (a) appear and act through any officer, attorney, or agent or attorney of the corporation; or (3A) (b) may be represented by a lawyer.
In special circumstances and with the permission of the court, a person (P), whether a natural person or a corporation, may 30 be represented— (a) by an agent authorised in writing by P, if P is in New Zealand or carries on business in New Zealand; or if P is not in New Zealand or does not carry on business in New Zealand, by an agent authorised by a person 35 holding P’s power of attorney to become a party to the proceeding in P’s name.
(b) 161 Part 2 cl 290 Judicature Modernisation Bill (4) An agent who represents a person under subsection (2) or (3A) is not entitled to receive any fee or reward for doing so.

(5) A self-represented litigant is entitled to be supported in court by any person other than a barrister or solicitor of the High Court.
(6) A Judge may refuse to allow a self-represented litigant to be supported in court by another person only if he or she considers it would be contrary to the interests of justice and fairness to allow such support.

Compare: 1947 No 16 s 57 5 10 290 Trial by Judge (1) In all proceedings brought in the court, the Judge is the sole judge and must determine all questions of fact and law.
(2) However, nothing in this section affects the power to make rules authorising the Registrar to exercise jurisdiction and 15 powers conferred on the court by this or any other enactment.
Compare: 1947 No 16 s 58 291 Equity and good conscience In a proceeding in which the amount claimed or the value of the property in issue does not exceed $3,0005,000, the court 20 may— (a) receive any evidence the court thinks fit, even though the evidence may not be admissible under the Evidence Act 2006; and determine the proceeding according to equity and good 25 conscience.
(b) Compare: 1947 No 16 s 59; 1988 No 110 s 18(6) Judge must record various matters The Judge at a hearing in a proceeding in which there is a right of appeal without leave must record or cause to be recorded, 30 whether by way of transcript or otherwise, the following mat- ters: (a) (b) the facts in evidence; and any question of law or equity raised at the hearing; and 292 (1) 162 Judicature Modernisation Bill Part 2 cl 294 (c) the Judge’s decision of his or her determination of the proceeding.
(2) On the application of a party to the proceeding, and on pay- ment of the prescribed fee (if any), the Judge must ensure that a copy of the records, whether in hard copy or electronic form, 5 is provided to that party.

Subsection (2) applies whether or not a notice of appeal has been served.
Compare: 1947 No 16 s 60 (3) 293 Reference to arbitration (1) The court may, with the consent of the parties to a proceeding, order the proceeding or any issue in dispute in the proceeding to be referred to arbitration under the Arbitration Act 1996.

The Judge may, on the application of a party to the proceeding, revoke the reference.
(2) (3) Without limiting subsection (2), a reference may be revoked if the arbitral tribunal does not make an award within 20 work- ing days after the date of the order of reference.

(4) An award has the same effect as a judgment of the court and must be entered as a judgment in the proceeding.
Compare: 1947 No 16 s 61(1)–(4) 294 Application to set arbitral award aside (1) Despite section 293(4), the court may, on the application of 10 15 20 a party to the proceeding,— (a) (b) set aside an arbitral award made on a reference under 25 section 293; or set the award aside and, with the consent of the parties, order the proceeding or the issue in dispute to be re- ferred to arbitration again.
(2) An application under subsection (1) must be made within 30 10 working days after the entry of the award as a judgment or within any further time as a Judge may allow.

(3) A judgment may not be enforced until an application under subsection (1) is determined.

(4) On hearing an application under subsection (1), the court— 35 (a) may consider any evidence that is placed before it; or 163 (5) 295 (1) Part 2 cl 295 Judicature Modernisation Bill (b) may call for evidence to be placed before it.
The decision of the court after hearing the application must be entered as a judgment of the court.
Compare: 1947 No 16 s 61(4)–(6) 5 Judge may refer matter to Registrar or referee Subject to the rules, a Judge may refer the following to a Regis- trar or a referee to make inquiry and report: (a) any proceedings that require the prolonged examination of documents or any scientific or local examination that the Judge considers cannot conveniently be made be- 10 fore him or her: any proceedings where the question in dispute consists wholly or partly of matters of account: with the consent of the parties, any other proceedings: any question arising in any proceedings.
(2) When a reference is made under subsection (1), the Judge (c) (d) (b) 15 may— (a) (b) (c) give directions to the Registrar or referee for the con- duct of the reference: remit a report for further inquiry and report: on consideration of the report or further report, make a judgment or an order in the proceedings that the Judge thinks fit.
Compare: 1947 No 16 s 62 296 Judge may refer matter of account to Registrar, etc (1) A Judge may, after deciding or reserving any question of li- ability, refer to a Registrar or a Registrar and an accountant any matter of account only that is disputed between the parties.

(2) After deciding the question of liability, the Judge may give judgment on the Registrar’s report.
Compare: 1947 No 16 s 62(3) 297 Reference by consent (1) With the consent of the parties, a Judge may refer any ques- tion in any proceedings that requires any scientific, technical, 164 20 25 30 Judicature Modernisation Bill Part 2 cl 300 business, or professional investigation to a Registrar or a ref- eree for inquiry and report.
(2) Where a reference is made under subsection (1), the Judge may— (a) give directions to the Registrar or referee for the con- 5 duct of the reference: (b) with the consent of the parties, direct that the Registrar or referee make the inquiry and report without any re- quirement to hear the parties or to act judicially.

(3) The report of a Registrar or referee on any question referred 10 under this section is binding on the parties, unless the Judge has directed otherwise.
Compare: 1947 No 16 s 62A Subpart 8—Judgments, orders, and removal of judgments Judgments and orders 15 298 Finality of judgments and orders (1) A judgment or an order of the court is final and conclusive (2) between the parties.

Subsection (1) is subject to this Part, any other enactment, 20 and the rules.

Compare: 1947 No 16 s 63 299 Technical defects do not invalidate judgment, order, or proceeding A technical defect or an irregularity does not invalidate a judg- 25 ment, an order, or a proceeding.
Compare: 1947 No 16 s 64 300 Payment of judgments or orders (1) When giving a judgment or making an order for the payment of an amount of money (whether by way of satisfaction of the 30 claim or counterclaim in the proceedings or by way of costs or otherwise), the court may order the amount of money to be paid— (a) in 1 amount, whether immediately or within the time that the court determines; or 35 165 Part 2 cl 301 Judicature Modernisation Bill (2) in instalments, as determined by the court.
(b) Except when the court makes an express order for payment in instalments, every judgment or order for the payment of an amount of money is taken to include an order for the payment immediately of the whole amount.

Compare: 1947 No 16 s 65(1), (2) 301 Stay if party unable to pay judgment amount (1) The court may suspend or stay or vary any judgment or order for the payment of an amount of money if the court considers that the party who must pay the money is unable to do so.
The court may suspend or stay or vary the judgment or order for the period and on the terms that the court thinks fit, and may extend the suspension or stay or variation for as long as the cause of the inability continues.
Compare: 1947 No 16 s 65(3) (2) 5 10 15 Removal of judgments 302 Removal of judgment of District Court into High Court (1) A judgment creditor or a person on the judgment creditor’s behalf may apply to the court to remove into the High Court a final judgment or an order of the District Court (the judgment) 20 for the payment of an amount of money.

The Registrar must issue a certificate of removal in the pre- scribed form, which may be filed by the judgment creditor in the High Court.
The Registrar must not issue a certificate of removal— (a) (2) (3) 25 before the expiry of the time for giving notice of an appeal against the judgment: if an enforcement proceeding has been issued in relation to the judgment, until the enforcement proceeding has been withdrawn or completed.

30 (b) (4) No further steps may be taken in relation to the proceeding in which the judgment was given after the Registrar’s certificate has been filed in the High Court.
(5) On the removal of the judgment,— (a) the judgment may be enforced as a judgment of the High 35 Court, with such fees and costs as may be paid or al- 166 Judicature Modernisation Bill Part 2 cl 304 lowed in connection with the removal and entry of judg- ment: no appeal may be brought against the judgment.

(b) (6) A Judge of the High Court may, on the application of the judg- ment creditor or judgment debtor, set the removal aside on 5 such terms as to costs or otherwise that the Judge thinks fit.
Compare: 1947 No 16 s 66 303 Proceeding in High Court on judgment or order of District Court (1) A proceeding may be brought in the High Court on a judgment 10 (2) or an order of the District Court.

Costs may be awarded to the plaintiff in the proceeding only if a Judge of the High Court is satisfied that the proceeding was necessary and proper to enforce the judgment or order against the person or property of the defendant.
Compare: 1947 No 16 s 67 15 304 Removal of judgment or order of High Court into District Court (1) A judgment creditor or a person on behalf of the judgment creditor may apply to the High Court to remove into the Dis- 20 trict Court a judgment or an order or a decree (the judgment) of the High Court for payment of an amount of money.

The Registrar of the High Court must issue a certificate of removal in the prescribed form, which may be filed by the judgment creditor in the District Court.
25 (2) (3) No further steps may be taken in relation to the proceeding in which the judgment was given in the High Court after the Registrar of the High Court has issued the certificate.
(4) On the filing of the certificate,— (a) (b) if the District Court has jurisdiction in relation to the 30 amount of the judgment, the judgment plus interest may be enforced in the District Court; or if the District Court has jurisdiction in relation to the unpaid balance of the judgment, the unpaid balance of the judgment plus interest may be enforced in the Dis- 35 trict Court; or 167 Part 2 cl 305 Judicature Modernisation Bill (c) if the District Court has jurisdiction in relation to the amount of part of the judgment and the judgment cred- itor abandons any amount in excess of that amount, the part of the judgment or of the unpaid balance of that part plus interest may be enforced in the District Court.
(5) A judgment may also be enforced for any fees and costs awarded in connection with removing it into the District Court.

Except as provided by this section, no proceeding on a judg- ment of the High Court may be brought in the District Court.
Compare: 1947 No 16 s 68 (6) Subpart 9—Appeals Appeals to High Court 305 Interpretation In this subpart,— appeal means an appeal under section 306 decision includes a judgment and an interim or a final order, but does not include an order under section 394 (which re- lates to an order for contempt of court) make includes give.
Compare: 1947 No 16 s 71 306 General right of appeal (1) This subpart applies to a decision of the court, other than a decision of a kind in respect of which an enactment other than this Part— (a) (b) expressly confers a right of appeal; or expressly provides that there is no right of appeal.

(2) A party to a proceeding in the District Court may appeal to the High Court against the whole or a part of a decision made by the District Court in or in relation to the proceeding.
Compare: 1947 No 16 s 72 307 No appeal if agreement that decision would be binding (1) An appeal may not be brought if, before the decision of the court, all the parties to the proceeding agree in writing that the decision will be binding on them.

168 Judicature Modernisation Bill Part 2 cl 310 (2) This section overrides section 306.
Compare: 1947 No 16 s 73 308 Security for appeal (1) An appellant under section 306 may be required under the (2) (3) High Court Rules to give the Registrar of the High Court se- 5 curity for costs.

Subsection (1) does not apply if the appellant has been granted legal aid for the proceeding under the Legal Services Act 2011.

If security for costs is not given within the time required by 10 the High Court Rules, the appeal is abandoned.
Compare: 1947 No 16 s 74 309 Appeals to be by way of rehearing Appeals must be by way of rehearing.
Compare: 1947 No 16 s 75 310 Powers of High Court on appeal (1) The High Court may, after hearing an appeal,— (a) make any decision it thinks should have been made: (b) direct the District Court— (i) (ii) to rehear the proceeding; or to consider, whether for the first time or again, any matters the High Court directs; or to enter judgment for a party to the proceeding the High Court directs: (iii) 15 20 (c) make any further or other orders the High Court thinks 25 fit: (2) (3) (d) make an order as to costs.
The High Court must state its reasons for giving a direction under subsection (1)(b).

The High Court may give the District Court any direction it 30 thinks fit relating to— (a) (b) rehearing the proceeding; or considering and determining any particular matter.

169 Part 2 cl 311 Judicature Modernisation Bill (4) (5) (6) The High Court may act under subsection (1) in respect of the whole decision even though the appeal is against only part of it.
Even though an interlocutory decision made in a proceeding has not been appealed against, the High Court may— (a) (b) (c) act under subsection (1); and set the interlocutory decision aside; and if it sets the interlocutory decision aside, make in its place any interlocutory decision or decisions the Dis- trict Court could have made.

The powers under this section may be exercised in favour of a respondent or party to the proceeding even though the re- spondent or party did not appeal against the decision.
Compare: 1947 No 16 s 76 311 Repayment of judgment amount and interest (1) This subsection applies if— (a) a party to a proceeding in the District Court (A) has, in accordance with a judgment or an order of the court, paid an amount to another party to the proceeding (B); and on appeal, the effect of the High Court’s determination is that some or all of the amount did not need to be paid.
(b) (2) The High Court— (a) may order B to repay to A some or all of the amount paid by A; and (b) may also order B to pay to A interest at a rate not greater than the prescribed rate on the amount ordered to be repaid.
Compare: 1947 No 16 s 77 312 Enforcement proceedings For the purposes of enforcement proceedings, a judgment or an order of the High Court under section 310(1)(a) or (b) or under section 311(2) must be treated as if it were a judgment or order of the District Court in which the decision appealed against was made.
Compare: 1947 No 16 s 78 170 Judicature Modernisation Bill Part 2 cl 315 Subpart 10—Enforcement of judgments Enforcement proceedings 313 Types of enforcement proceeding The types of enforcement proceeding in the court are— (a) a proceeding to enforce a judgment or an order for the 5 payment of money (see section 315): a proceeding to enforce a judgment or an order in the nature of an injunction (see section 316): a proceeding to enforce a discovery order made under section 287 or 288 (see section 317): a proceeding to enforce a judgment or an order for the recovery of land (see section 318): a proceeding to enforce a judgment or an order for the delivery of specific chattels (see section 319).
10 (b) (c) (d) (e) 15 (2) Judgment may be enforced in any District Court 314 (1) A judgment or an order of the District Court or of a District Court Judge may be enforced in any court comprising the Dis- trict Court in its general division and need not be enforced in the court in which the judgment was entered or the order made.
Two or more proceedings for the enforcement of a judgment or 20 an order may be taken concurrently, but the judgment creditor is not entitled to recover a greater amount than the amount owing under the judgment or order and the costs and fees of any proceeding for enforcement.

Enforcement proceedings may be taken concurrently in ac- 25 cordance with subsection (2) in more than 1 court compris- ing the District Court in its general division.
Compare: 1947 No 16, ss 79(6), 79A (3) 315 Judgment or order for payment of money Any judgment or order of any court or of any Judge for the 30 payment of an amount of money may be enforced in the Dis- trict Court by any 1 or more of the following proceedings: (a) execution against the goods and chattels of the judg- ment debtor under a warrant to seize property: garnishee proceedings for the attachment of money due 35 to the judgment debtor: (b) 171 Part 2 cl 316 Judicature Modernisation Bill (c) (d) proceedings for a charging order in respect of any prop- erty held by the judgment debtor and specified in sec- tion 366(2): proceedings for an attachment order against the salary or wages of the judgment debtor.
Compare: 1947 No 16 s 79(1) 316 (1) Judgment or order in nature of injunction, etc This section— (a) applies to a judgment or an order in the nature of an injunction; and applies to a judgment or an order within the competence of the court which that, if it were given or made in the High Court, could be enforced in the High Court by a writ of arrest; but does not apply to an order for the recovery of land.
(b) (c) (2) A judgment or an order to which this section applies may be enforced, by order or warrant of a Judge, by detention for a term not exceeding 3 months.
Compare: 1947 No 16 s 79(2) 317 Discovery order An order of the court made under section 287 (which relates to pre-commencement discovery) or section 288 (which re- lates to discovery against a non-party) may be enforced, by order or warrant of a Judge,— (a) (b) Compare: 1947 No 16 s 79(2A) by detention for a term not exceeding 3 months; or by a fine not exceeding $1,000.
Judgment or order for recovery of land A judgment or an order for the recovery of land may be en- forced under a warrant for the recovery of land.
Compare: 1947 No 16 s 79(3) Judgment or order for delivery of specific chattels A judgment or an order for the delivery of specific chattels may be enforced, by order of a Judge,— (a) under a warrant for the recovery of chattels; or 318 319 172 Judicature Modernisation Bill Part 2 cl 321 by detention for a term not exceeding 3 months; or by a fine not exceeding $1,000.
(b) (c) Compare: 1947 No 16 s 79(4) Time when enforcement proceeding may commence 5 320 Time when enforcement proceeding may commence: (1) general rule Except as provided in section 321, proceedings to enforce a judgment or an order may not be commenced unless— (a) at least 48 hours have expired after the judgment was 10 entered or the order was made; or a Judge grants leave.
(b) (2) However, if a judgment or an order may be appealed against without the leave of the court, a Judge may— (a) order a stay of any proceedings to enforce the judgment 15 or order; or order that an attachment order to enforce the judgment or order not take effect until after the time allowed for giving notice of an appeal has expired.
(b) Compare: 1947 No 16 s 79(5A), (5B) 321 Exception to general rule: attachment orders (1) An attachment order to enforce a judgment or an order for the payment of money may be made, and proceedings for such an attachment order may be commenced, at any time after the judgment is entered or the order is made.
20 25 (2) An attachment order may be made, and proceedings for such an attachment order may be commenced, immediately after a judgment or an order for the payment of money is filed if,— in the case of a money order (as defined in section (a) 19(1A) of the Disputes Tribunals Act 1988 or, as the 30 case may be, section 78(2AB) of the Residential Ten- ancies Act 1986),— (i) the money order records that the parties have agreed to enforce the payment of money speci- fied in the money order by way of an attachment 35 order made under this Part; and 173 Part 2 cl 322 Judicature Modernisation Bill (ii) section 19(1B) of the Disputes Tribunals Act 1988 or, as the case may be, section 78(2AC) of the Residential Tenancies Act 1986 is complied with; or (b) in the case of a judgment or an order made by a court,— 5 (i) the judgment or order records that the parties have agreed to enforce the payment of money specified in the judgment or order by way of an attachment order made under this Part; and subsection (3) is complied with.
(ii) 10 (3) This subsection Subsection (2) is complied with if— (a) the judgment or order was given or made at or following a hearing at which both parties were present; and the party ordered to pay money consented to the pay- ment of the money being enforced by way of an attach- 15 ment order; and both parties agreed on the terms of the attachment order, including the details specified in section 338; and the judgment or order includes the details specified in section 338.
20 (b) (c) (d) (4) Nothing in subsection (3)(c) allows the parties to agree on a net amount to be paid for an earnings period that would other- wise derogate from section 339(3).

For the purposes of subsection (3), hearing includes a judi- cial settlement conference held under the rules.
Compare: 1947 No 16 s 79(5), (5C)–(5F) (5) 25 Restrictions on enforcement proceeding 322 No enforcement without leave Restriction on enforcement of judgment more than 6 years old (1) A judgment or an order of the court that is more than 6 years 30 old must not be enforced unless— a Judge grants leave; or (a) there has been a payment into court by the party liable (b) for payment or to the judgment creditor by the judgment debtor within the period of 12 months immediately be- 35 fore the issue of the enforcement proceeding.
174 Judicature Modernisation Bill Part 2 cl 325 (2) For the purposes of subsection (1), a judgment that is an arbitral award entered as a judgment is more than 6 years old if 6 years have elapsed since the date on which the award became enforceable by action in New Zealand.

(3) A Judge may grant leave on an application without notice.
5 Compare: 1947 No 16 s 80 323 No enforcement of order for payment by instalments without default (1) An order for the payment of an amount of money by instal- (2) ments must not be enforced unless there has occurred a default 10 in the payment of an instalment according to the order.
If there is a default, an enforcement proceeding or successive enforcement proceedings may be taken for the whole of the amount owing, including any unpaid costs, unless the court on the application of the liable party orders otherwise.

Compare: 1947 No 16 s 81 15 324 Proceeding on cross-judgment (1) This section applies if there are cross-judgments between the parties.
(2) An enforcement proceeding can be taken only by the party 20 who has obtained judgment for the larger amount, and then only for so much of the larger amount that remains owing after deducting the smaller amount (the remainder).

Satisfaction must be entered for the remainder as well as satis- faction for the smaller amount, and, if both amounts are equal, 25 satisfaction must entered for both.
Compare: 1947 No 16 s 82 (3) Stay of enforcement proceeding 325 Stay of enforcement proceeding for inability to pay (1) A Judge may stay an enforcement proceeding against a party 30 if satisfied that the party is unable from any cause to pay any amount that is recoverable against that party (whether by way of meeting the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of that amount.
175 Part 2 cl 326 Judicature Modernisation Bill (2) The Judge may stay the enforcement proceeding for the period and on the terms that the Judge thinks fit, and may renew the stay from time to time until the liable party is able to pay.
Compare: 1947 No 16 s 83 326 Stay of proceeding on appeal 5 A notice of appeal operates as a stay of proceedings under the decision appealed from only if— (a) (b) a Judge orders that the proceedings are stayed; or the appellant has deposited with the Registrar the amount of the judgment or order under appeal and costs 10 pending determination of the appeal; or the appellant has given security to the satisfaction of the Registrar for the amount of the judgment or order and costs.
(c) Compare: 1947 No 16 s 84 Information about judgment debtor’s means 327 Filing of financial statement (1) In this Part, financial statement means a statement, in a form approved by the chief executive, of a judgment debtor’s— (a) (b) assets and liabilities; and income and expenditure for the preceding 52 weeks.

15 20 (2) A financial statement may be completed by the judgment cred- (3) itor or the judgment debtor.
If the financial statement is completed by the judgment cred- itor, the statement must include details of the source of the in- 25 formation contained in the statement and the date to which the information relates.

(4) A completed financial statement may be filed in the court at any time after a judgment or an order for the payment of money is entered or made.

The party who files a completed financial statement must serve a copy of the statement on the other party.
Compare: 1947 No 16 s 84A (5) 30 176 Judicature Modernisation Bill Part 2 cl 330 328 Notice to complete financial statement (1) If a judgment creditor serves a notice to complete a financial statement on the judgment debtor, the judgment debtor must, within 10 working days after the date of service,— (a) (b) The notice to complete a financial statement must be— (a) (b) complete a financial statement; and return it to the judgment creditor.
in a form approved by the chief executive; and accompanied by 2 copies of the approved form for a fi- nancial statement (1 for the judgment debtor to com- 10 plete and return, the other for the judgment debtor’s use).
5 (2) Compare: 1947 No 16 s 84B 329 Court to request information about judgment debtor’s (1) (2) (3) (4) 15 means If a judgment creditor makes an application in a form approved by the chief executive, the court must request the judgment debtor to provide the court with information about the judg- ment debtor’s means for satisfying the judgment debt.

The request may be made by any means of communication that 20 the court considers appropriate.
The information may be provided at any place and using any means of communication that the court considers appropriate, and the court may request the person providing the information to verify it on oath.

The jurisdiction of the court under this section may be exer- cised by the Registrar.
Compare: 1947 No 16 s 84C 25 330 Court may order hearing if information about judgment (1) debtor’s means not provided, etc This section applies if— (a) no information about the judgment debtor’s means for satisfying the judgment debt is provided to the court following a request under section 329; or the court wishes to obtain information about the judg- 35 ment debtor’s means for satisfying the judgment debt (b) 30 177 Part 2 cl 330 Judicature Modernisation Bill in addition to information provided under section 329 before exercising its powers under section 335; or a person providing information to the court under sec- tion 329 refuses to verify it on oath.
(c) (2) (3) (4) The court may issue a summons, in a form approved by the 5 chief executive, requiring the judgment debtor or, if the judg- ment debtor is a body corporate, an officer of the judgment debtor to attend a hearing (a financial assessment hearing) and be questioned by the court about the judgment debtor’s means for satisfying the judgment debt.
If the court issues a summons, the court may also— (a) order any of the judgment debtor’s books or other docu- ments to be produced at the hearing: order that the hearing be held at a place other than in a court: impose such other terms and conditions as the court thinks proper in respect of the hearing.
(b) (c) 10 15 The summons must be served on the judgment debtor by a person referred to in section 390(3)(a) and, at the same time as the summons is served, the judgment debtor must be notified 20 of the court’s power to cancel the hearing in the circumstances referred to in subsection (5).

(4A) The hearing must not be held until at least 3 working days or any shorter period agreed by the judgment debtor has passed after the date on which the summons was served.
The court may cancel a hearing if, before the date of the hear- ing,— (a) (5) 25 such information about the judgment debtor’s means for satisfying the judgment debt is provided that, in the opinion of the court, it is unnecessary for the hearing to 30 take place; and if the court so requests, the person providing the infor- mation verifies it on oath.
(b) If a hearing takes place,— (a) the judgment debtor or, if the judgment debtor is a body 35 corporate, an officer of the judgment debtor must appear in person: (6) 178 Judicature Modernisation Bill Part 2 cl 331 (b) (c) (d) (e) the court may require the judgment debtor or officer and any witness to take an oath before giving evidence: the judgment debtor may be represented by a lawyer who may question the judgment debtor or officer and be heard on the matter of the judgment debtor’s means 5 for satisfying the judgment debt: the judgment debtor or officer may be questioned by the court: any witness may be questioned by or on behalf of the judgment debtor or by the court.
10 (7) A hearing may from time to time be adjourned by the court to a time and place to be appointed.
Compare: 1947 No 16 s 84D 331 Application for financial assessment hearing (1) (2) (3) (4) (5) This section applies if a judgment creditor applies, in a form 15 approved by the chief executive, for a hearing (a financial as- sessment hearing) for the judgment debtor or, if the judgment debtor is a body corporate, an officer of the judgment debtor to be questioned about the judgment debtor’s means for satis- fying the judgment debt.
The court must issue a summons, in a form approved by the chief executive, requiring the judgment debtor or an officer of the judgment debtor to attend the hearing.

The court may also— (a) order any of the judgment debtor’s books or other docu- 25 ments to be produced at the hearing: order that the hearing be held at a place other than in a court: impose such other terms and conditions as the court thinks proper in respect of the hearing.
(b) (c) 30 20 The summons must be served on the judgment debtor by a person referred to in section 390(3)(b).

The court may cancel a hearing at the request of the judgment creditor.

Compare: 1947 No 16 s 84E 35 179 Part 2 cl 332 Judicature Modernisation Bill 332 Power to arrest judgment debtor or officer (1) This section applies if a summons issued under section 330 or 331 cannot be served on a judgment debtor.
This section also applies if— (a) a summons was served on a judgment debtor at least 3 5 working days or any shorter period agreed under sec- tion 330(4A) or 333(1) before the date of the hearing to which the summons relates; and the judgment debtor fails to appear in person at the hear- ing or at any subsequent adjournment of the hearing.
(b) 10 (b) This section applies in relation to a judgment debtor that is a body corporate if— (a) a summons was served on an officer of the judgment debtor (the relevant officer) at least 3 working days, or any shorter period agreed under section 330(4A) 15 or 333(1), before the date of the hearing to which the summons relates; and an officer of the judgment debtor (whether or not the relevant officer) fails to appear in person at the hearing or at any subsequent adjournment of the hearing.
The summons must not be enforced by detention, but a Judge or Registrar may issue a warrant to arrest the judgment debtor or the relevant officer.
If the judgment debtor or the relevant officer is arrested under this section, the following provisions apply: (a) 20 25 the judgment debtor or the relevant officer must be brought before a Judge or Registrar as soon as possible for the purpose of commencing or continuing the hear- ing: the judgment debtor or relevant officer is bailable as of 30 right: section 168 of the Criminal Procedure Act 2011 and Parts 1 to 3 of the Bail Act 2000 apply, with any neces- sary modifications, as if an appearance at the hearing before a Judge or Registrar constituted part of the hear- 35 ing of a charge, and as if references in those provisions to a court included references to a Judge or Registrar: if the judgment debtor or relevant officer cannot prac- ticably be brought before a Judge or Registrar, then a (b) (c) (d) (2) (3) (4) (5) 180 Judicature Modernisation Bill Part 2 cl 334 Police employee or bailiff may grant bail to the judg- ment debtor or relevant officer, and Parts 1 to 3 of the Bail Act 2000 apply, with any necessary modifications, as if the bail were granted by a Police employee under section 21(1) of that Act.
5 (6) In this section, summons means— (a) (b) Compare: 1947 No 16 s 84EA a summons to attend a hearing under section 333 330: a summons to attend a financial assessment hearing.

10 (2) 333 Financial assessment hearing (1) A financial assessment hearing must not be held until at least 3 working days, or any shorter period agreed by the judgment debtor, has passed after the date on which the summons was served.
The judgment debtor or, if the judgment debtor is a body cor- 15 porate, an officer of the judgment debtor must appear in per- son at a financial assessment hearing.

The court may require the judgment debtor or the officer and any witness to take an oath before giving evidence.

The judgment debtor may be represented at the hearing by a 20 lawyer, who may question the judgment debtor or the officer and be heard on the matter of the judgment debtor’s means for satisfying the judgment debt.
The judgment debtor or the officer may be questioned by or on behalf of the judgment creditor or by the court.

(3) (5) (4) 25 (6) Any witness may be questioned by or on behalf of the judg- ment creditor or the judgment debtor or by the court.

(7) A financial assessment hearing may from time to time be ad- journed by the court to a time and place to be appointed.
Compare: 1947 No 16 s 84EB 334 Registrar may exercise jurisdiction of court under sections 330, 331, and 333 329, 330, 331, 333, 335, 337, and 343 The exercise of the jurisdiction of the court under sections 330, 331, and 333 329, 330, 331, 333, 335, 337, and 343 may be exercised by a Registrar.
30 35 181 Part 2 cl 335 Judicature Modernisation Bill 335 Orders by court following filing of financial statement, etc This section applies if, after a judgment or an order for the (1) payment of money has been entered or made,— (a) (b) a financial statement is filed in the court; or the judgment debtor provides the court with information 5 about the judgment debtor’s means for satisfying the judgment debt under section 329; or a hearing under section 330 or a financial assessment hearing takes place.
(c) (2) (3) The court may do any 1 or more of the following: (a) direct that 1 or more of the proceedings referred to in section 313 315 be commenced or continued (as the case may be), and direct that any steps be taken in such proceedings, and, for any such purpose, issue any war- rant or summons or make any order: 10 15 (b) make an attachment order under section 337: (c) order that the money owing under the judgment or order be paid in instalments: stay any proceedings to enforce the judgment or order: vary any order made under this Part relating to the en- 20 forcement of the judgment or order.
(d) (e) The court may do any of the things referred to in subsection (2) even though— (a) no application is made for the direction, order, stay, or variation in question; or an application is made for a different direction, order, stay, or variation; or no hearing takes place; or in a case where a financial statement is filed in the court by 1 party, the other party has not had the opportunity 30 to make representations to the court about the financial statement.
25 (b) (c) (d) (4) The jurisdiction of the court under this section may be exer- cised by the Registrar.
Compare: 1947 No 16 s 84EC 35 182 336 Judicature Modernisation Bill Part 2 cl 337 Attachment orders Interpretation In sections 337 to 343, unless the context otherwise re- quires,— earnings period has the meaning given by section 338(b) employer, in relation to a judgment debtor, includes— (a) 5 a person by whom a retiring allowance or pension or other payment of a similar nature is payable to the judg- ment debtor: the Accident Compensation Corporation in respect of 10 weekly compensation payable to the judgment debtor under the Accident Compensation Act 2001: the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 in respect of a benefit payable to the judgment 15 debtor salary or wages includes— (a) a retiring allowance or other payment of a similar na- ture: a bonus or an incentive payment: a payment of commission: a payment in consideration of work performed under a contract for services: all payments of weekly compensation made under the Accident Compensation Act 2001 by the Accident 25 Compensation Corporation: a benefit within the meaning of the Social Security Act 1964.
20 (b) (c) (b) (c) (d) (e) (f) Compare: 1947 No 16 s 84F 337 Attachment orders (1) The court may make an attachment order to enforce a judg- ment or an order for the payment of money— (a) (b) (c) in the circumstances referred to in section 321(2); or in the circumstances referred to in section 335(1); or on the application of the judgment creditor or judgment 35 debtor.
30 (2) If an application is made under subsection (1)(c),— 183 Part 2 cl 338 Judicature Modernisation Bill (a) (b) the party who makes the application must serve a copy of it on the other party; and the court may make the attachment order even though the other party has not had the opportunity to make rep- resentations to the court about the application.

If an attachment order is made, it must be served on the em- ployer to whom the order relates, the judgment creditor, and the judgment debtor.
Except as otherwise ordered by the court, an attachment order takes effect when a copy of the order is served on the employer.

10 The jurisdiction of the court under this section may be exer- cised by the Registrar.
Compare: 1947 No 16 s 84G 5 (3) (4) (5) 338 Content of attachment orders (c) the employer to whom the order relates; and An attachment order must be in a form approved by the chief 15 executive and must specify— (a) (b) whether deductions are to be made every week, fort- night, or month, or by reference to some other period (the earnings period); and the amount or percentage to be deducted from the judg- ment debtor’s salary or wages for the earnings period; and the amount or percentage below which the net amount paid to the judgment debtor for the earnings period must 25 not fall; and the name and address the address or bank account num- ber of the person to whom the amounts deducted are to be paid; and that the order is to remain in force until the judgment 30 debt has been paid in full or, if the order is to remain in force for a fixed period, that period.
(d) (e) 20 (f) Compare: 1947 No 16 s 84H 339 Effect of attachment orders (1) An attachment order must direct that the money due and 35 payable under the judgment or order being enforced is, by way of such amounts, and payable by reference to such earn- 184 Judicature Modernisation Bill Part 2 cl 339 ings period, as are specified in the attachment order, a charge on any salary or wages that from time to time while the at- tachment order is in force become due and payable by the employer to the judgment debtor.
The charge created— (a) 5 (2) (b) (c) (d) accrues from earnings period to earnings period, and on the day of the earnings period specified in the order; and attaches to all salary or wages that become due by the employer to the judgment debtor at any time while the attachment order is in force, whether or not the con- 10 tract of employment in respect of which the salary or wages so become due existed at the date of the attach- ment order; and is subject to any charge created by an attachment order under the Family Proceedings Act 1980 or the Summary 15 Proceedings Act 1957 and to any item referred to in subsection (5)(a) and (b) (whether created, issued, or authorised before or after the date on which the order referred to in subsection (1) was made); but prevails over and has priority to any assignment or 20 charge created by the judgment debtor (whether before or after the making of the attachment order under this Part) and so that the attachment order has the same ef- fect as if no such assignment or charge had been made or created by the judgment debtor.
25 (3) Despite subsections (1) and (2), no attachment order is to operate so that, when its effect is considered either alone or with the effect of any item referred to in subsection (5), the net amount paid to a judgment debtor for an earnings period is below the protected earnings rate for the earnings period and, 30 where necessary, the amount to be deducted from the judgment debtor’s salary or wages for the earnings period is treated as being reduced or cancelled accordingly.
(4) Nothing in section 84 of the Social Security Act 1964 applies (5) to an attachment order.

The items are— (a) a deduction notice under the Child Support Act 1991, the Family Proceedings Act 1980, the Social Security Act 1964, or the Tax Administration Act 1994: 35 185 Part 2 cl 340 Judicature Modernisation Bill (b) (c) a deduction for the recovery of payments under section 86 of the Social Security Act 1964: a charge created by an attachment order under this or any other Act.
(6) 5 In this section,— net earnings, in relation to an earnings period, means the bal- ance left after deducting from the judgment debtor’s salary or wages for the earnings period the amount of tax required to be withheld or deducted in accordance with the PAYE rules of the Income Tax Act 2007 if the salary or wages were the only 10 salary or wages paid to the judgment debtor by the employer for the earnings period protected earnings rate, in relation to an earnings period, means the higher of— (a) (b) Compare: 1947 No 16 s 84I 60% of net earnings for the earnings period; and the amount or percentage referred to in section 338(d).
15 340 Liability of employer (1) Subject to section 339(3), as long as an attachment order remains in force, the employer to whom it relates must from 20 time to time, whenever any money becomes salary and wages are due and payable by the employer to the judgment debtor by way of salary or wages,— (a) deduct from that money a sufficient amount to satisfy the charge on the money so far as the same has accrued 25 before the day on which the salary or wages becomes due and payable; and not later than the 20th day of the next month after the month in which the deduction is made, pay the amount so deducted to the person specified in the attachment 30 order.
(b) (2) All amounts so deducted and paid must be taken to have been paid by the employer in satisfaction of the salary or wages payable by the employer to the judgment debtor.

(3) All amounts so deducted must be taken to have been paid by 35 the judgment debtor in satisfaction of the judgment debtor’s liability to pay the judgment debt.
186 Judicature Modernisation Bill Part 2 cl 341 (4) (5) If the judgment debtor gives notice of resignation, or is given notice of dismissal, from the employment of the employer to whom the attachment order relates, the employer must, within 5 working days after receiving or giving the notice, notify the person referred to in section 338(e) of the date of the last day 5 of the judgment debtor’s employment.
If the employer to whom the attachment order relates ceases to pay salary or wages to the judgment debtor for a reason other than the judgment debtor’s dismissal or resignation from the employment of the employer, the employer must, within 5 10 working days after ceasing to pay the salary or wages, notify the person referred to in section 338(e) of the day on which the salary or wages ceased to be paid.
(6) Where the employer makes default in the payment of any money in satisfaction of a charge created by an attachment 15 order, that money becomes a debt due by the employer to the judgment creditor and may be recovered by the judgment creditor by action in any court of competent jurisdiction.

(7) An employer who fails without reasonable excuse to comply with subsection (1)(a) or (b) commits an offence and is li- 20 able on conviction to a fine not exceeding $1,000.
Compare: 1947 No 16 s 84J 341 Wrongful treatment of employee An employer commits an offence, and is liable on conviction to a fine not exceeding $1,000, who dismisses any employee 25 or alters any employee’s position in the employer’s business or undertaking to the employee’s prejudice by reason of— (a) the employee having been ordered to pay money owing under 1 or more judgments or orders imposed by the District Court or the High Court for the payment of an 30 amount of money; or an attachment order having been served on the em- ployer; or the employer becoming aware that an attachment order is being made or has been made in respect of the em- 35 ployee.
(b) (c) Compare: 1947 No 16 s 84K 187 Part 2 cl 342 Judicature Modernisation Bill 342 Extent to which attachment orders bind the Crown (1) In this section,— employing department means— (a) (b) a department of State in which a person is employed; and in relation to a person to whom any retiring allow- ance or pension or other payment of a similar nature is payable— (i) out of the Government Superannuation Fund, the Government Superannuation Fund Authority: out of the National Provident Fund, the Board of Trustees of the National Provident Fund (ii) 5 10 servant of the Crown— (a) means a person in the service of Her Majesty in respect (b) (c) (d) (e) 15 of the Government of New Zealand: includes a person in temporary or casual service: does not include a person in honorary service: includes any person serving in any of the New Zealand Armed Forces: includes a person to whom any retiring allowance or 20 pension or other payment of a similar nature is payable out of the Government Superannuation Fund or the Na- tional Provident Fund.
(2) (3) Sections 337 to 341 and section 343 bind the Crown to the extent of and subject to subsections (3) and (4).

If the judgment debtor is a servant of the Crown, an attachment order may be made against the Crown as employer.
25 (4) Where the judgment debtor is entitled to a benefit within the meaning of the Social Security Act 1964, an attachment order may be made against the chief executive of the department for 30 the time being responsible for the administration of that Act, and— (a) service of the order must be effected— (i) by leaving a copy of the order at, or sending a copy of the order by post to, either the district 35 office of the department nearest to the judgment debtor’s place of residence or an address notified by the chief executive of the department to the chief executive; or 188 Judicature Modernisation Bill Part 2 cl 343 (ii) by sending the order by email or other electronic means to an email address notified by the chief executive of the department to the chief executive of the Ministry of Justice; and section 341 does not apply.
(b) Compare: 1947 No 16 s 84L 5 10 (3) (2) 343 Variation, suspension, and discharge of attachment orders (1) A judgment creditor or judgment debtor may apply to the court at any time for an attachment order to be varied, suspended, or discharged.

The party who makes an application under subsection (1) must serve a copy of the application on the other party.
If an application under subsection (1) is made, the court may vary, suspend, or discharge the attachment order if good cause is shown to the satisfaction of the court why the order should 15 be so varied, suspended, or discharged.

The court may vary, suspend, or discharge the attachment order even though the other party has not had the opportunity to make representations to the court about the application.
If an attachment order is varied, suspended, or discharged 20 under subsection (3), notice of the variation, suspension, or discharge must be served on the employer to whom the order relates, the judgment creditor, and the judgment debtor.

(6) A variation, suspension, or discharge of an attachment order (4) (5) takes effect when the notice referred to in subsection (5) is 25 served on the employer, unless (in the case of a discharge) subsection (7) applies.
(7) An attachment order may also be discharged at any time by written notice (which may be given by email or other elec- tronic means) from the judgment creditor to the employer to 30 whom the order relates, and the discharge takes effect when the notice is given to the employer.

The jurisdiction of the court under this section may be exer- cised by the Registrar.
Compare: 1947 No 16 s 84M (8) 35 189 Part 2 cl 344 Judicature Modernisation Bill 344 Review of Registrar’s decision (1) Any person affected by any order or direction made by a Regis- trar under section 330, 331, 333, 335, 337, or 343332, 335, 337, 343, or 347 may apply to a Judge for a review of the order or direction.
(2) However, a judgment creditor may apply for a review of an order or a direction made by a Registrar under section 335 or section 337 only if a financial assessment hearing that was attended by the judgment creditor or his or her representative has taken place.

(3) An application under subsection (1) must be made within 15 working days of the making of the order or direction, or within the further time that the Judge, on application, may allow.
(4) On receiving an application under subsection (1), the Judge 5 10 may order that the order or direction under review is suspended 15 pending the review.

(5) On review, the Judge may confirm, rescind, or vary the Regis- trar’s order or direction, and the order or direction has effect, or ceases to have effect, as the case may be.
Compare: 1947 No 16 s 84N Contempt of enforcement proceedings 345 Contempt of enforcement proceedings (1) No order may be made under subsection (3) unless any of the circumstances described in subsection (2) apply and the court is satisfied beyond reasonable doubt that— (a) the judgment debtor has sufficient means to pay the judgment debt but refuses to do so; and all other methods of enforcing the judgment have been considered or tried and are inappropriate or have been unsuccessful.
(b) 20 25 30 The circumstances referred to in subsection (1) are as fol- lows: (a) (b) a financial statement has been filed in court: the court has been provided with information about the judgment debtor’s means for satisfying the judgment 35 debt under section 329: (2) 190 Judicature Modernisation Bill Part 2 cl 346 (c) a hearing under section 330 or a financial assessment hearing has taken place.
(3) The court may, on the application of a judgment creditor, order the judgment debtor to do community work, not exceeding 200 hours, as the court thinks fit.

5 (4) Alternatively, the court may impose any of the orders referred to in section 315, section 318, or section 319 or do any of the things referred to in section 335(2) instead of or in add- ition to ordering the judgment debtor to do community work under subsection (3).
10 (6) (5) An order made under subsection (3) has effect as if it were a sentence of community work, and the relevant provisions of Part 2 of the Sentencing Act 2002, with any necessary modi- fications, apply accordingly.
If the District Court, acting under this section, orders a judg- 15 ment debtor to do community work, the judgment debtor has the same right of appeal to the High Court against the order as the judgment debtor would have had if the judgment debtor had been convicted and sentenced by the District Court before a Judge alone in relation to a charge.

20 (7) An order made under subsection (3) does not operate to ex- tinguish or affect the liability of the judgment debtor to pay the judgment debt.
(8) A proceeding under this section may from time to time be ad- journed by the court to a time and place to be appointed.
Compare: 1947 No 16 s 84O 25 346 Process for dealing with application for contempt of enforcement proceedings (1) On receipt of an application under section 345(3), the Regis- trar must— (a) appoint a time and place for the hearing of the appli- cation if satisfied, on the basis of information provided with the application, that the judgment debtor has suffi- cient means to pay the judgment debt but refuses to do so; or if not so satisfied, refer the application to a Judge.
(b) 30 35 191 Part 2 cl 347 Judicature Modernisation Bill (2) On the referral of an application under subsection (1)(b), the Judge must— (a) (b) deal with the application on the papers; and consider whether he or she is satisfied, on the basis of in- formation provided with the application, that the judg- 5 ment debtor has sufficient means to pay the judgment debt but refuses to do so.
If the Judge is so satisfied, he or she must direct the Registrar to appoint a time and place for the hearing of the application.

If the Judge is not so satisfied, he or she must decline the ap- 10 plication.

If the Registrar appoints a time and place for the hearing of the application under subsection (1)(a) or (3), the judgment debtor must be served with a copy of the application, and a notice of the time and place so appointed, by a person referred 15 to in section 390(3)(c).
The Registrar must notify the judgment creditor of the time and place so appointed.

If the application is declined under subsection (4), the Regis- trar must notify the judgment creditor that the application has 20 been declined.
Compare: 1947 No 16 s 84OA (3) (4) (5) (6) (7) (1) 347 Warrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing If a copy of the application cannot be served on the judgment 25 debtor under section 346(5), or if the judgment debtor fails to appear at the hearing of the application (or the resumption of the hearing, in the case of an adjourned hearing), a Judge or Registrar may issue a warrant to arrest the judgment debtor and bring the judgment debtor before the court as soon as possible.
30 (2) A warrant under subsection (1) ceases to have effect if the judgment debtor pays, or causes to be paid, the amount due under the judgment debt.
If a judgment debtor is arrested under a warrant issued under subsection (1), the following provisions apply: (a) the judgment debtor must be brought before a Judge or, if a Judge is not available, the Registrar: (3) 35 192 Judicature Modernisation Bill Part 2 cl 349 (b) (c) (d) (e) 5 if the judgment debtor is brought before the Registrar, the Registrar must appoint a time and place for the judg- ment debtor to appear before a Judge for the purpose of commencing or continuing the hearing: the judgment debtor is bailable as of right: section 168 of the Criminal Procedure Act 2011 and Parts 1 to 3 of the Bail Act 2000 apply, with any modi- fications that may be necessary, as if the hearing of the application referred to in subsection (1) were the hear- ing of a charge: if the judgment debtor cannot practicably be brought immediately before a Judge or Registrar, then any Po- lice employee or any bailiff may grant bail to the judg- ment debtor, and Parts 1 to 3 of the Bail Act 2000 apply, with any necessary modifications, as if the bail were 15 granted by a Police employee under section 21(1) of that Act.
10 Compare: 1947 No 16 s 84OB 348 (1) (2) 20 Judgment debtor doing community work is discharged on payment If a judgment debtor doing community work under an order made under section 345 pays, or causes to be paid, the amount due in respect of the judgment debt,— (a) the Registrar must notify a probation officer that the payment has been made; and the probation officer, on notification from the Registrar, must notify the judgment debtor that he or she is no longer required to report for community work.
Subsection (1)(b) does not apply if there is some other rea- son for the judgment debtor being required to report for com- 30 munity work.
Compare: 1947 No 16 s 84Q (b) 25 Warrants to seize property 349 Warrant to seize property (1) A warrant to seize property is a warrant that requires the bailiff 35 or constable to whom it is directed to seize and sell personal 193 Part 2 cl 350 Judicature Modernisation Bill property goods of a judgment debtor for payment of the fol- lowing debts: (a) the judgment debt, or so much of it that remains unpaid; and the costs of executing the warrant; and the costs of previous proceedings (if any) for enforce- ment of the judgment debt.
(b) (c) (2) By the warrant, the bailiff or constable is authorised to seize— the personal property goods of the judgment debtor, ex- (a) cept— (i) 5 10 (ii) his or her tools of trade to a value not exceeding $500 $5,000; and his or her necessary household furniture and ef- fects, including clothing for the judgment debtor and his or her family, to a value not exceeding 15 $2,000 $10,000; and (b) money, bank notes, and securities (that is, bills of ex- change, promissory notes, bonds, specialties, or other securities for money).
(3) (4) The warrant must be in a form approved by the chief executive.

20 The Governor-General may from time to time, by Order in Council, amend subsection (2) by increasing any amount specified in that subsection.
Compare: 1947 No 16 s 85 Immobilisation of motor vehicles 350 (1) A bailiff or constable executing a warrant to seize property may, while seizing, or instead of seizing, a motor vehicle, im- mobilise the vehicle by attaching to it any device designed for the purpose, pending payment of the unpaid amount.
25 (2) A vehicle may not be immobilised under subsection (1) un- 30 less, at the time of its immobilisation, the vehicle— (a) (b) is on private property; or is in a public place and the bailiff or constable is satis- fied that immobilising the vehicle will not cause undue inconvenience to other persons.
If a motor vehicle is immobilised under this section, a bailiff or constable— 35 (3) 194 Judicature Modernisation Bill Part 2 cl 352 (a) may seize the vehicle at any time: (b) on the direction of the Registrar, must seize the vehicle.
(4) A person commits an offence if, without reasonable excuse, the person— (a) (b) tampers with, removes, or attempts to remove a device 5 attached to a motor vehicle under subsection (1); or removes, or attempts to remove,— (i) a motor vehicle to which a device is, or has been, attached under subsection (1); or any part of that vehicle; or any other property from that vehicle.

(ii) (iii) (5) A person who commits an offence under subsection (4) is liable on conviction to a fine not exceeding $1,000.
Compare: 1947 No 16 s 85A 351 Disposal of securities seized (1) (2) (3) The bailiff who seizes securities referred to in section 349(2)(b) must deliver them to the Registrar.

The Registrar must hold the securities for the benefit of the execution enforcement creditor as security for the execution enforcement debtor’s debts under section 349(1).
The execution creditor may sue for the money secured by or payable under the securities on their due date and may sue— (a) (b) in the name of the execution enforcement debtor; or in the name of any person in whose name the person against whom execution has issued might have sued.
10 15 20 25 Compare: 1947 No 16 s 86 352 Offence of rescuing goods seized (1) A person who rescues or attempts to rescue goods seized in execution under a warrant to seize property commits an of- fence and is liable on conviction to a fine not exceeding $300.

30 (2) A bailiff or a constable may arrest that person with or without a warrant.
Compare: 1947 No 16 s 87 195 Part 2 cl 353 Judicature Modernisation Bill Sale of goods seized under warrant to seize property 353 Period to elapse before sale (1) Goods seized under a warrant to seize property must not be (2) sold before 5 working days after the date of seizure have 5 elapsed.

Subsection (1) does not apply if— (a) (b) the goods are perishable; or the owner of the goods makes a written request (which may be by email or other electronic means) for earlier 10 sale.
Compare: 1947 No 16 s 88 354 Goods must be sold by public auction unless court orders otherwise (1) Goods seized under a warrant to seize property must be sold 15 by public auction unless a court orders otherwise.

(2) A bailiff who is authorised to execute a warrant to seize property may, if he or she first obtains the Registrar’s written approval (which may be given by email or other electronic means), sell goods seized under the warrant without the ne- 20 cessity of taking out an auctioneer’s licence.
Subsection (2) overrides the Auctioneers Act 1928 or any other any enactment or rule of law to the contrary.

The jurisdiction of a court under this section may be exercised by the Registrar.
Compare: 1947 No 16 s 89 (4) (3) 25 355 Purchaser from bailiff acquires goods free of all ownership and other proprietary interests (1) A person who purchases from a bailiff goods seized under a warrant to seize property, and who purchases without any 30 claim to the goods having been made to the bailliff a claimant to the goods having paid a deposit or provided security in accordance with section 360(2), acquires good title to the goods free of all ownership interests and other proprietary interests held in them before the sale.
This section is subject to— 35 (2) 196 Judicature Modernisation Bill Part 2 cl 358 sections 108 to 112 of the Insolvency Act 2006; and sections 251 and 252 of the Companies Act 1993.
(a) (b) Compare: 1947 No 16 s 90(1)(a), (3) 356 (1) (2) 5 Immunity of bailiff who sells without notice of claim to goods Except under subsection (2), no person has any claim against a bailiff or any person acting under a bailiff’s authority (an agent) for the sale of goods seized under a warrant to seize property or for the payment of the proceeds of the sale.
The immunity of a bailiff or agent set out in subsection (1) 10 does not apply if the bailiff or agent, before the goods were sold or the proceeds paid, knew or ought reasonably to have known that the goods were not the property of the judgment debtor.

(3) Nothing in this section affects the right of a person who proves 15 that the person had an ownership or other proprietary interest in the goods at the time of sale to a remedy against any person other than the bailiff.
Compare: 1947 No 16 s 90(1)(b), (2) 357 Goods seized under warrant to seize property that are 20 (1) (2) (3) subject to security interest This section applies if a third person claims a security interest in goods that have been seized under a warrant to seize prop- erty.

The court may order the sale of all or part of the goods on terms 25 as to the application of the proceeds of sale to all or part of the secured debt or otherwise as the court thinks fit.
The purchaser of goods sold under this section obtains good title to the property free of all ownership interests and other proprietary interests held in the property before that sale.
Compare: 1947 No 16 s 91 30 358 Personal property securities register to be checked (1) If property is goods are seized under a warrant to seize prop- erty, the Registrar must, on the next working day after the property is goods are seized, check whether a financing state- 35 197 Part 2 cl 359 Judicature Modernisation Bill (2) ment that relates to the property goods has been registered on the personal property securities register kept under the Per- sonal Property Securities Act 1999.
If a financing statement has been registered, the bailiff must promptly notify the person named as the secured party in the 5 financing statement of the following: (a) that the court may, under section 354, sell the property goods after the expiration of 5 working days from the date of seizure if the judgment debt remains unpaid and no claim has been made in respect of the property goods 10 by a person other than the judgment debtor: the rights that may be available to the person under sec- tions 360 and 361.
(b) Compare: 1947 No 16 s 91A Claims in respect of goods seized under warrant to seize property 359 Priority of High Court and District Court executions (1) This section determines priority as between a sale order issued from the High Court and a warrant to seize property against the goods of the same person issued under this Part.
The right to the goods seized must be determined according to which of the following occurred first: (a) (b) delivery to the Sheriff of the sale order to be executed: delivery to the Registrar of the application for the war- rant to seize property.

(2) 15 20 25 (3) On request by the bailiff to whom the warrant to seize prop- erty is directed, the Sheriff must inform the bailiff in a notice, authenticated by the Sheriff, of the precise time of delivery of the writ or warrant sale order.
(5) (4) On request by any Sheriff’s officer the Sheriff, the bailiff to 30 whom the warrant to seize property is directed must produce the warrant to any Sheriff’s officer.

The time recorded in a notice given under subsection (3), and the time endorsed on the warrant as the time of application to the Registrar, are conclusive for any Sheriff or bailiff to act in 35 reliance on the priority so determined.
Compare: 1947 No 16 s 92 198 5 10 Judicature Modernisation Bill Part 2 cl 361 360 Sale of goods subject to third party claim (1) Unless a claimant to or in respect of goods seized under a warrant to seize property complies with subsection (2), the bailiff must— (a) (b) sell the goods as if no claim had been made; and pay the proceeds into court pending a decision on the claim.
To halt the sale of the goods under subsection (1), a claimant may— (a) deposit with the bailiff— (i) (ii) the amount of value of the goods; or the amount that the bailiff may charge for the custody of the goods pending a decision on the claim; or (b) give the bailiff in the prescribed manner, in the man- 15 ner prescribed in the rules, security for the value of the goods.
The bailiff must pay the amount of the value of the goods de- posited under subsection (2)(a)(i) into court pending a deci- sion on the claim.

If the amount of the value of the goods is disputed, that amount must be fixed by appraisement in the prescribed manner.

The purchaser of goods sold under this section obtains good title to the property free of all ownership interests and other proprietary interests held in the property before that sale.
Compare: 1947 No 16 s 93 20 25 361 Third party claim process (1) If a claim is made under section 360 to or in respect of goods seized under a warrant to seize property, the bailiff may obtain a summons from the Registrar requiring the execution creditor 30 and the claimant to appear before the court.
If a claim is made under section 360 in respect of property that is the subject of a financing statement registered on the personal property securities register kept under the Personal Property Securities Act 1999, the bailiff must obtain from the 35 Registrar a summons requiring the claimant to appear before the court.
199 (2) (3) (4) (5) (2) Part 2 cl 362 Judicature Modernisation Bill (3) The bailiff may obtain the summons, either before or after the return of the warrant, and whether or not a proceeding has been brought against the bailiff in respect of the seizure.

(4) On the issue of the summons, any proceeding brought in the District Court or other court in respect of the claim of any 5 damage arising out of the execution of the warrant is stayed.
(a) (b) (5) On hearing the summons, the court must— decide the claim; and decide any claim by 1 or more of the parties against the bailiff for damages arising out of the execution of the 10 warrant; and (c) make an order as to costs as the court thinks fit.
Compare: 1947 No 16 s 94 Garnishee proceedings 362 Garnishee proceedings 15 A person (A) who has obtained a judgment or an order for the payment of money may take a proceeding (a garnishee proceeding) under the rules to obtain— (a) the payment to A of a debt owing or accruing to the judgment debtor from another person (B) and the costs 20 of bringing the garnishee proceeding; or the payment to A of so much of the debt as will meet the amount of the judgment or order and the costs of bringing the garnishee proceeding.
(b) Compare: 1947 No 16 s 96(1) 25 363 Money held on deposit or in account For the purposes of a garnishee proceeding, a debt owing or accruing to a judgment debtor (D) and, subject to section 364 and the rules, accordingly attachable, includes money that— (a) stands to D’s credit with any person (including a bank); 30 and is held on deposit with that person or held by that per- son in a current or other account (including a deposit account).
Compare: 1947 No 16 s 96(2) (b) 35 200 Judicature Modernisation Bill Part 2 cl 366 364 Application of section 363 (1) (b) (c) Section 363 applies whether or not any of the following con- ditions of the deposit or account has been satisfied: (a) a condition that notice must be given before any money can be withdrawn; or a condition that a demand for payment must be made; or a condition that a personal application must be made before any money can be withdrawn; or subject to subsection (2), any other condition.
(d) Section 363 does not apply if it is a condition of the deposit 10 or account that a deposit book, deposit receipt, or other similar document must be produced before any money can be with- drawn and that condition has not been satisfied.
5 (2) 365 Liability to deliver or disclose deposit book, deposit receipt, etc The rules may— (a) require a person who is in possession of a deposit book, deposit receipt, or other similar document relating to a deposit or an account of a judgment debtor to deliver it to the court: require a person who knows the location of a deposit book, deposit receipt, or other similar document relat- ing to a deposit or an account of a judgment debtor to disclose it to the court.
(b) Compare: 1947 No 16 s 96(3) Charging orders 366 Charging orders (1) A person who has obtained a judgment or an order for the payment of money may apply to the court in accordance with the rules for a charging order.
The court may make a charging order in respect of any of the following property: (a) (2) any estate, right, title, or interest in possession, remain- der, reversion, or expectancy, and whether vested or contingent, in any land held by the judgment debtor in 35 the judgment debtor’s own name: 15 20 25 30 201 Part 2 cl 367 Judicature Modernisation Bill (b) (c) (d) any right or interest of the judgment debtor in any part- nership: any shares held by the judgment debtor in any company incorporated in New Zealand or having an office in New Zealand in which transfers of shares may be registered: 5 any estate, right, or interest in possession, remainder, reversion, or expectancy, and whether vested or contin- gent, in any land, or in any money, shares, or other chat- tels held under or by virtue of any express or implied trust for the judgment debtor.
10 (3) A charging order must specify the property charged with suf- ficient detail to identify it.

Compare: 1947 No 16 s 96A(1), (1A), (3) 367 Variation or discharge of charging order (1) (2) An order discharging or varying a charging order may be regis- The court may vary or discharge a charging order at any time.

15 (3) tered or recorded in the same manner as the charging order.

There must be no charge for the registration or recording of the discharge or variation of a charging order.
Compare: 1947 No 16 s 96A(4), (7) 20 368 Effect of charging order A charging order has the following effect (subject, in the case of a charging order over a registered estate or interest in any land, to registration under section 370): (a) it charges the estate, right, title, or interest of the judg- 25 ment debtor in the property described in the order with payment of the amount for which the judgment creditor has obtained judgment: except with the leave of the court or in accordance with the rules, it restrains the person served with it— (i) 30 from making, or concurring in making or permit- ting any conveyance, transfer, assignment, or dis- position of any estate, right, or interest, or of any share in a partnership or company, of the judg- ment debtor; or 35 (b) 202 Judicature Modernisation Bill Part 2 cl 371 (ii) interest, divi- from paying over any income, dends, bonus, profits, or other money due or accruing due to the judgment debtor.
Compare: 1947 No 16 s 96A(2)(a), (b) 369 Charging order in respect of land expires after 2 years (1) A charging order in respect of land expires after 2 years from 5 the date of the order.

(2) However, the order expires earlier than 2 years from the date of the order if, within that 2-year period, an instrument of transfer or a deed of conveyance or assignment is registered following 10 the execution of a sale order.
(3) Despite subsection (1), the court may extend the period for which a charging order is in force beyond the 2-year period.

Compare: 1947 No 16 s 96A(2)(d) 370 Registration of charging order over land or mining 15 (1) (2) privilege This section applies when a charging order is made in respect of the registered estate or interest of the judgment debtor in land.
The order may, on receipt of a duplicate or copy of the order 20 under the seal of the court,— (a) be registered by the Registrar-General of Land, if the title to the land is under the Land Transfer Act 1952; or be registered by the appropriate Registrar of Deeds, if the title to the land is not under the Land Transfer Act 25 1952; or be recorded, in the case of a mining privilege under the Mining Act 1971, by the Registrar-General of Land.
(b) (c) (3) There must be no charge for the registration or recording of the charging order.

Compare: 1947 No 16 s 96A(5), (6) 30 371 Removal of charging order into High Court (1) A charging order may be removed into the High Court in ac- cordance with section 302, which applies with any necessary modification.

35 203 Part 2 cl 372 Judicature Modernisation Bill (2) A charging order removed into the High Court is enforceable in the same way as if it had been issued by that court.
Compare: 1947 No 16 s 96A(2)(c), (8) Order or warrant to detain in prison 372 (1) (2) Issue and execution of order or warrant to detain in prison 5 This section applies when, under this Part or the rules, the court makes an order or issues a warrant for the detention of a person in prison.

The order or warrant must be directed to a bailiff or a con- stable.
10 (3) On the making of the order or the issue of the warrant,— (a) (b) the person to whom it is directed is authorised to detain the person to be detained; and it is the duty of every constable to assist in the detention of that person.

15 Compare: 1947 No 16 s 97(1) 373 Form of warrant to detain A warrant to detain a person in prison must contain the infor- mation required by the rules.
20 374 Person to be detained in prison (1) A person detained in prison under an order made or a warrant issued under section 372 must be detained in a prison estab- lished under, or deemed to be established under, the Correc- tions Act 2004.

The prison manager of the prison specified in the order or war- 25 rant must detain the person in question in the prison until that person is lawfully discharged.
Compare: 1947 No 16 s 97(2) (2) 375 Power of judge to order discharge (1) A Judge may at any time order the discharge of a person de- 30 tained under section 374 if the Judge considers for any rea- son that the person should be discharged.

204 Judicature Modernisation Bill Part 2 cl 378 (2) The order may be made on the terms, if any, that the Judge thinks fit, including a term that the person may be further de- tained if the terms of discharge are not complied with.
Compare: 1947 No 16 s 98 Warrant for recovery of land 376 Warrant for recovery of land (1) The court may issue a warrant (a warrant for the recovery of land) authorising the bailiff or the constable to whom it is directed to give possession of the land to the person named in the warrant.
In executing the warrant, the bailiff or constable— (a) may take possession of the land; and (b) may use force if necessary in obtaining entry; and (c) may be assisted by others as the bailiff or constable (2) thinks necessary; and (d) may give possession to the person named in the warrant; (e) but is not required to remove goods or chattels from premises on the land.
Compare: 1947 No 16 s 99 377 Time for executing warrant of recovery of land A bailiff or a constable to whom a warrant for the recovery of land is directed may execute the warrant only at a time that is between 9 am and 4 pm on a working day.

Compare: 1947 No 16 s 99(1) 378 Effect of possession given under warrant for recovery of (1) (2) land The person to whom possession is given in accordance with a warrant for the recovery of land holds the land free of any tenancy.
The person (A) from whom possession is taken in accordance with a warrant for the recovery of land, and any person claim- ing through A, is not entitled to any relief for so long as the 205 Part 2 cl 379 Judicature Modernisation Bill issue of the warrant judgment or order under which the war- rant was issued has not been reversed.
Compare: 1947 No 16 s 99(1) Irregularity or informality in execution of warrant 379 (1) A person (A) who applies for the issue of a warrant for the 5 recovery of land and is lawfully entitled to possession of the land at the date of issue of the warrant is not liable as a tres- passer by reason only of any irregularity or informality in the execution of the warrant.
(2) A person aggrieved by an irregularity or informality in the 10 execution of a warrant for the recovery of land may sue A only for special damage, and, if the special damage proved is not more than $5 $30, is not entitled to costs, unless the court orders otherwise.

In subsection (1), A includes A’s agent or other person acting 15 on A’s behalf.
Compare: 1947 No 16 s 100 (3) 380 Person illegally obtaining warrant liable for trespass A person who applies for the issue of a warrant for the recovery of land and is not lawfully entitled to the possession of the land 20 at the date of issue of the warrant commits a trespass against the tenant or occupier of the land, even without execution of the warrant.
Compare: 1947 No 16 s 101(1) Immunity of Judge, etc, when warrant illegally obtained No proceeding or action may be taken against any of the fol- lowing persons by reason only that a warrant for the recov- ery of land was issued on the application of a person who at the date of issue was not lawfully entitled to possession of the land: (a) the Judge who issued the warrant made the order for the issue of the warrant: the Registrar who issued the warrant: the bailiff or the constable who executed the warrant.
(ab) (b) Compare: 1947 No 16 s 101(3) 25 30 35 381 206 Judicature Modernisation Bill Part 2 cl 383 382 Execution of warrant may be stayed on giving bond (1) (2) (3) (4) (5) (b) (c) (d) The execution of a warrant for the recovery of land must be stayed if the tenant or occupier of the land (A) gives a bond to the landlord in accordance with this section.
The bond must— (a) bind A to bring a proceeding for trespass against the person to whom the warrant was issued (B); and bind A to bring the proceeding without delay; and bind A to pay all the costs of the proceeding if unsuc- cessful; and secure an amount fixed by the court that the court con- siders reasonable, having regard to the value of the land and the probable costs of the proceeding; and be executed by 2 sureties approved by the court; and be approved by the court; and be prepared at A’s expense.
(e) (f) (g) For the purposes of subsection (2)(c), the proceeding is un- successful if— judgment is given for B; or (a) (b) A discontinues the proceeding; or (c) B may sue on the bond if— (a) (b) A fails to prosecute the proceeding without delay.

the bond is forfeited; or the judge in A’s proceeding for trespass does not en- dorse on the record that the conditions of the bond have 25 been fulfilled.
5 10 15 20 In a proceeding by B suing on the bond, the court may order such relief to the parties to the bond as it thinks just, and the order has the nature and effect of voiding the bond.

Compare: 1947 No 16 s 102(1), (3) 383 Effect of judgment for tenant or occupier in proceeding for trespass If a tenant or an occupier of land (A) obtains judgment in a proceeding for trespass when the execution of a warrant for the recovery of land has been stayed,— (a) (b) A is entitled to costs.
Compare: 1947 No 16 s 102(2) the judgment supersedes the warrant; and 207 30 35 Part 2 cl 384 Judicature Modernisation Bill Recovery of chattels 384 Warrant for recovery of chattels (1) (2) The court may issue a warrant for the recovery of chattels on the application of a person who has obtained a judgment or an order for the recovery of specific chattels.
The warrant must require the bailiff or the constable to whom it is directed to demand and seize the chattels referred to in the warrant, if they can be found by the bailiff or constable, and to deliver them to the person named in the warrant.
Compare: 1947 No 16 s 103 5 10 385 Further proceedings if chattels not recovered If chattels are not recovered on the execution of a warrant for their recovery,— (a) the court may make an order or issue a warrant for de- tention in prison of the person named for a period not 15 exceeding 1 month; and (b) whether or not it makes an order or issues a warrant under paragraph (a), the court may issue a warrant to seize property to the value of the chattels as assessed as the court directs.
Compare: 1947 No 16 s 104 20 Liability and protection of officers 386 Neglect by bailiffs (1) On the complaint application of a person aggrieved, the court may order a bailiff to pay that person damages if the opportun- 25 ity of executing a warrant to seize property is lost through the fault of the bailiff or a person acting under his or her authority.

The damages ordered must not exceed the value of the chattels as assessed as the court directs.
Compare: 1947 No 16 s 105 30 (2) 387 Liability of court officer for irregularity or informality in execution of warrant (1) An officer of the court who executes a warrant, and the person who applied for the issue of the warrant, are not liable as a tres- passer by reason only of any irregularity or informality in— 35 208 Judicature Modernisation Bill Part 2 cl 389 (a) (b) (c) any proceeding on which the validity of the warrant de- pends; or the form of the warrant; or the execution of the warrant.
(2) A person aggrieved by an irregularity or informality in the 5 execution of the warrant may sue only for special damage, and, if the special damage proved is not more than $30, is not entitled to costs, unless the court orders otherwise.

Compare: 1947 No 16 s 106 388 Liability of bailiff acting under warrant (1) No proceeding may be brought against a bailiff for anything done under a warrant issued under this Part, unless the condi- tions set out in subsection (2) are satisfied.
The conditions are as follows: (a) (2) 10 the intended plaintiff (P), or P’s lawyer or agent, has 15 delivered to the office of the court a notice to produce the warrant authenticated by P or P’s lawyer or agent; and the bailiff has failed to comply with the notice within 5 working days after the notice is received.
20 (b) (3) (4) If a proceeding is commenced against a bailiff where the con- ditions in subsection (2) have been satisfied,— (a) judgment must be given for the bailiff if the warrant is produced or proved at trial, despite any defect of juris- diction or other irregularity in the warrant; but the officer who issued the warrant may be joined as a defendant in the proceeding.
(b) 25 If the plaintiff obtains judgment against the officer joined under subsection (3)(b), the plaintiff may recover from that officer the costs that the plaintiff is liable to pay to the bailiff.

30 Compare: 1947 No 16 s 107 389 Warrant is proof of court’s authority In any proceeding against a person for anything done under this Part, the production of the warrant of the court is sufficient proof of the authority of the court previous to the issue of the 35 warrant.
Compare: 1947 No 16 s 108 209 Part 2 cl 390 Judicature Modernisation Bill Service 390 Service of documents under sections 327 to 361 this Part (1) If a person is required to serve a document under sections 327 to 361 this Part, the requirement may be met in any of the following ways: by— (a) (i) 5 delivering the document to the recipient or bring- ing it to the recipient’s notice if the recipient re- fuses to accept it; or leaving the document for the recipient at the re- 10 cipient’s place of residence with another person who appears to be of or over the age of 14 years; or leaving the document for the recipient at the re- cipient’s place of business or place of work with 15 another person: (ii) (iii) (b) (c) (d) by sending the document to the recipient by prepaid post addressed to the recipient’s last known place of residence or business: if the recipient has a known electronic address, by send- 20 ing it to the recipient at that address in electronic form: by compliance with a means of service prescribed by regulations made under this Act.
(2) For recipients to whom section 391 applies, subsection (1) is modified to the extent provided by that section.
25 (3) Despite subsection (1), the following documents must be served in accordance with subsection (1)(a) or, where ap- plicable, section 391(2)(b) or (4): (a) 30 a summons issued under section 330, which must be served by an authorised process server: a summons issued under section 331, which must be served by or on behalf of the judgment creditor or by an authorised process server: a copy of the application and notice of the time and place appointed for the hearing of the application that 35 is required to be served on the judgment debtor under section 346(5), which must be served by or on behalf of the judgment creditor or by an authorised process server.
(b) (c) 210 Judicature Modernisation Bill Part 2 cl 391 (4) (5) This section is subject to section 342(4)(a).
In this section and in section 391,— authorised process server means a person who is— (a) (b) a constable; or a Police employee authorised by the Commissioner of 5 Police to serve documents under this Part; or an officer of the court; or a person or a member of a class of persons authorised by a Judge or Registrar to serve documents either generally or in respect of a particular case or class of case; or an officer or employee of a corporation that is authorised by the Secretary for Justice to serve documents under this Part: an individual who is authorised by the Secretary for Justice to serve documents under this Part 10 15 (c) (d) (e) (f) officer, in relation to a body corporate or Crown organisation, includes a person involved in the decision making or manage- ment of the body or organisation recipient means the person required to be served serve, in relation to a document,— (a) (b) includes giving the document to a person; but does not include filing the document in a court under rules of court.
Compare: 1947 No 16 s 108A (2) 391 Service provisions modified in special cases (1) If a document is served in accordance with this section, it is, for the purposes of section 390, taken to be served on the recipient concerned.
If the recipient is a body corporate or a Crown organisation, a document may be served,— (a) if it may be served under section 390(1)(b) or (c), by being sent, in accordance with either of those para- graphs, to the body corporate or Crown organisation for the attention of an officer or employee of that body or organisation: by being delivered to an officer or employee of the body corporate or Crown organisation at its head office, prin- (b) 20 25 30 35 211 Part 2 cl 392 Judicature Modernisation Bill cipal place of business, or registered office, or by bring- ing it to the officer’s notice or the employee’s notice if that person refuses to accept it.
(3) (4) If a lawyer has authenticated a memorandum stating that the lawyer is authorised to accept service of a document on behalf 5 of the recipient, the document may be served on the lawyer in any way authorised by section 390.
In addition to the ways of service authorised by section 390, a document may be served by delivering or sending it to, or by leaving it with,— (a) 10 in the case of a recipient who lives or works on board a vessel (including a vessel belonging to the Royal New Zealand Navy), the person on board who is apparently in charge of the vessel: in the case of a recipient who is a member of the New 15 Zealand Armed Forces, the officer apparently in com- mand of the unit or detachment to which the recipient belongs: in the case of a recipient who is a prisoner, the manager or other officer apparently in charge of the prison.
20 (b) (c) Compare: 1947 No 16 s 108B Subpart 11—Miscellaneous and general provisions Warrants to arrest 392 Arrest of debtor about to leave New Zealand (1) A Judge may, on the application of a plaintiff in a proceeding to recover an amount of money, issue a warrant to arrest a defendant in the proceeding and bring the defendant before the court.
25 (2) A warrant may not be issued unless the Judge is satisfied there 30 are reasonable grounds to suspect that the defendant is about to leave New Zealand with the intention of evading payment of the amount claimed.
(2) A Judge must not issue a warrant unless the Judge is satisfied the plaintiff has a good cause of action against the de- fendant; and 35 that— (a) 212 (3) (4) (5) Judicature Modernisation Bill Part 2 cl 392 (b) there are reasonable grounds to suspect that the defen- dant is about to leave New Zealand with the intention of evading payment of the amount claimed.
The Judge may require the applicant for the warrant to deposit in the court an amount not exceeding $2,000 $10,000 or to 5 give surety for that amount for the purposes of payment of any compensation that may be ordered to be paid to the defendant under subsection (9).

The defendant must be brought before the court unless the amount claimed in the proceeding is paid to the plaintiff be- 10 fore the warrant is executed.
The Judge may— (a) (b) release the defendant; or release the defendant on bail on any terms and con- ditions the Judge thinks fit and with a surety of an 15 amount the Judge thinks fit (but not exceeding the amount claimed in the proceeding plus costs) or with- out a surety; or remand the defendant in custody.

(c) (6) A defendant who is remanded in custody must be brought be- 20 fore the court within 4 days after the date of the order.
(7) A defendant arrested under the warrant may either give to the enforcing officer, or deposit in the court, the amount shown on the warrant as the amount of the claim plus costs.

If the defendant does so, he or she must be released and the amount 25 must be retained and,— (a) if judgment in the proceeding is given in favour of the plaintiff, paid or applied in accordance with the judg- ment; or if judgment in the proceeding is given in favour of the 30 defendant, paid to the defendant.
(b) (8) (9) The Judge may,— (a) if the defendant consents, hear and determine the pro- ceeding at the time the defendant is brought before the court; or fix a date and time for the hearing of the proceeding.

(b) If judgment is given for the defendant, the Judge may order that the defendant be paid compensation for his or her arrest, 35 213 Part 2 cl 393 Judicature Modernisation Bill or arrest and detention, of an amount not exceeding $2,000 $10,000.
(10) Where a Judge is not available through absence, illness, or any other cause, a Registrar may exercise any of the powers conferred on a Judge by subsections (1) to (3) and (5)(a) 5 and (b).

Compare: 1947 No 16 ss 109, 110 Interpleader 393 Interpleader If a person expects to be sued by 2 or more persons making 10 adverse claims to the same subject matter, that person may, if the subject matter does not exceed $350,000 in value, apply for relief by way of interpleader in accordance with the rules.
Compare: 1947 No 16 s 111 Contempt 15 394 Contempt of court (1) This section applies if any person— (a) wilfully insults a judicial officer, or any Registrar, or any officer of the court, or any juror, or any witness, during his or her sitting or attendance in court, or in going to 20 or returning from the court; or (b) wilfully interrupts the proceedings of a court or other- (c) wise misbehaves in court; or wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of 25 any proceedings.
If this section applies,— (a) any constable or officer of the court, with or without the assistance of any other person, may, by order of a judicial officer, take the person into custody and detain 30 him or her until the rising of the court; and the judicial officer may, if he or she thinks fit, sentence the person to— (i) imprisonment for a period not exceeding 3 months; or a fine not exceeding $1,000 for each offence.
(ii) 35 (b) (2) 214 Judicature Modernisation Bill Part 2 cl 396 (3) Nothing in this section limits or affects any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply.
Compare: 2011 No 81 s 365 Restriction on commencing or continuing civil proceeding 395 Judge may make order restricting commencement or continuation of civil proceeding (1) A Judge may make an order (a section 395 order) restricting (2) a person from commencing or continuing civil proceedings.

The order may have— (a) (b) a limited effect (a limited order); or an extended effect (an extended order).
(3) A limited order restrains a party from continuing or commenc- 5 10 ing civil proceedings on a particular matter in the District 15 Court.

(4) An extended order restrains a party from continuing or com- mencing civil proceedings on a particular or related matter in the District Court.

(5) Nothing in this section limits the court’s inherent power to 20 control its own proceedings.
396 Ground for making section 395 order (1) A Judge may make a limited order if, in more than 1 proceed- ing at least 2 proceedings about the same matter in the court, the Judge considers that 2 or more of the proceedings are or 25 were totally without merit.

(2) A Judge may make an extended order if, in more than 1 pro- ceeding at least 2 proceedings about any matter considered by in the court, the Judge considers that 2 or more of the proceed- ings are or were totally without merit.
In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeal, or criminal pros- ecution involving the party to be restrained, but is not limited to those considerations.

(3) 30 35 215 Part 2 cl 397 Judicature Modernisation Bill (4) (5) The proceedings concerned must be proceedings instituted or conducted by the party to be restrained, whether against the same person or different persons.
For the purposes of this section and sections 397 and 398, an appeal in a civil proceeding must be treated as part of that 5 proceeding and not as a distinct proceeding.

397 Terms of section 395 order (1) A section 395 order may restrain a party from instituting any civil proceeding (whether generally or against any particular person or persons) of any type specified in the order without 10 first obtaining the leave of the court.
(2) A section 395 order, whether limited or extended, has effect for a period of up to 3 years as specified by the Judge, but the Judge making it may specify a longer period (which must not exceed 5 years) if he or she is satisfied that there are excep- 15 tional circumstances justifying the longer period.

398 Procedure and appeals relating to section 395 orders (1) A party to any proceeding may apply for a limited order or an extended order.
(1A) A Judge may make a section 395 order either on an applica- 20 tion under subsection (1) or on his or her own initiative.

(2) An application for leave to continue or issue a civil proceeding by a party subject to a section 395 order may be made without notice, but the court may direct that the application for leave be served on any specified person.

25 (4) (3) A section 395 order does not prevent or affect the com- mencement of a private criminal prosecution in any case.
The party against whom a section 395 order is made in the District Court may appeal against the order to the High Court.

The appellant in an appeal under subsection (4) or the appli- 30 cant for the section 395 order concerned may, with the leave of the High Court, appeal against the determination of that ap- peal to the Court of Appeal.
(5) (6) A court determining an appeal under this section has the same powers as the court appealed from has to determine an appli- 35 cation or appeal, as the case may be.

216 Judicature Modernisation Bill Part 2 cl 401 399 Recusal guidelines Recusal The Chief District Court Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding.
5 Reserved judgments and Internet publication of final written judgments 400 Information regarding reserved judgments The Chief District Court Judge must, in consultation with the Chief Justice,— (a) 10 publish information about the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those pro- ceedings; and periodically publish information about the number of 15 judgments of the court that he or she considers is out- standing beyond a reasonable time for delivery; and publish information about any other information about reserved judgments that he or she considers is useful.
(b) (c) 401 Final written judgments to be published on Internet (1) Every final written judgment of the court (excluding the Fam- ily Court, the Youth Court, and the Disputes Tribunal) must be published on the Internet as soon as practicable unless there is good reason not to publish.
20 (2) Good reason not to publish a judgment or part of it includes 25 the following: (a) (b) (c) non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication: the judgment falls into a category of judgments that are 30 of limited public value: taking into account the presumption in subsection (1) in favour of publication, a Judge nevertheless deter- mines that the judgment or any part of it should not be published because publication or the effect of publica- 35 tion would be contrary to the interests of justice.
217 Part 2 cl 402 Judicature Modernisation Bill (3) In this section, final written judgment means a written deci- sion that determines or substantially determines the outcome of any proceedings and is either— (a) (b) a written reserved judgment; or an oral judgment transcribed by an official transcription 5 service.
Financial provisions 402 Payment and recovery of fees (1) All fees, except fees for keeping possession of, or for storing, removing, and selling, goods under a warrant, must be paid in 10 the first instance by the party on whose behalf proceedings are taken.

Subsection (1) applies despite the fact that the party on whose behalf any proceedings are taken is the Crown or an agency of the Crown.
15 (2) (3) A Registrar or Deputy Registrar may not do anything for which a fee is payable unless the amount of the fee prescribed or determined under any enactment is paid or unless payment of the fee amount is waived or postponed.

(4) An act for which a fee is payable is not invalid simply because 20 (5) the fee has not been paid.
If a person defaults on the payment of a fee,— (a) (b) the court may order that payment be enforced; and if the court makes the order, payment is enforced in the same way as the enforcement of a debt for which 25 judgment has been given.

(6) A schedule of the fees payable under this Part must be avail- able to, and easily accessible by, members of the public.
Compare: 1947 No 16 s 113 403 Enforcement of fines If a person defaults on the payment of a fine,— (a) (b) the court may order that payment be enforced; and if the court makes the order, payment is enforced in the same way as enforcement under the Criminal Procedure Act 2011 of payment of a fine imposed on conviction.
Compare: 1947 No 16 s 114 30 35 218 Judicature Modernisation Bill Part 2 cl 406 404 Fines and fees must be paid to Crown Bank Account (1) A fee or fine payable in respect of proceedings in courts or before Judges must be paid into a Crown Bank Account or a Departmental Bank Account in accordance with the Public Finance Act 1989.
(2) However, a fee for keeping possession of, or for storing, re- moving, and selling, goods under a warrant must be paid by the person entitled to the goods to the bailiff or person execut- ing the warrant.

Compare: 1947 No 16 s 115 5 10 Miscellaneous 405 Prescribed documents to be sealed (1) A document that is of a prescribed class and that is issued by the court must be sealed with the seal of the court.
(2) A document sealed under subsection (1) must be received in 15 evidence in New Zealand without further proof.
Compare: 1947 No 16 s 116 406 Proof of service of documents (1) If any summons or any other document is served by a person who is authorised to do so under this Part, the rules, or any 20 other enactment, the service may be proved— (a) by an endorsement on a copy of the document or, where applicable, on a printout that records an electronic docu- ment, showing the fact, date, time, and mode of service; or in any other manner prescribed by the rules.
(2) An endorsement under subsection (1)(a) must be signed by (b) 25 the person who served the summons or document.

(3) A person who wilfully endorses a false statement on a copy of a summons or document commits an offence and is liable on 30 conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000, or to both.
If a document is served by sending it by prepaid post, then, unless the contrary is shown, the document is served when it would have been delivered in the ordinary course of post, 35 (4) 219 Part 2 cl 407 Judicature Modernisation Bill (5) (6) and in proving service it is sufficient to prove that the letter concerned was properly addressed and posted.
If a document is served by sending it in electronic form, then, unless the contrary is shown, the document is served at the time the electronic communication first enters an information 5 system that is outside the control of the document’s originator, and in proving service it is sufficient to prove that the docu- ment concerned was properly addressed and sent.
In this section, information system means a system for pro- ducing, sending, receiving, storing, displaying, or otherwise 10 processing electronic communications.
Compare: 1947 No 16 s 116A 407 Subtenant to give notice of proceeding to subtenant’s immediate landlord (2) (1) A subtenant (S) must immediately advise S’s immediate land- 15 lord (L) if S is given a notice of a proceeding under this Part for the recovery of land occupied by S. If S fails to advise L as required by subsection (1), S is li- able to forfeit to L an amount equal to not more than 3 years’ improved or rack rent of the land.
L may recover the amount liable to be forfeited in any court having jurisdiction in respect of a claim for the amount.

Compare: 1947 No 16 s 117 (3) 20 408 No privilege for lawyers A lawyer has no privilege that exempts him or her from the 25 jurisdiction of the court.

Compare: 1947 No 16 s 120 409 Constable must assist court or Judge (1) Every constable must assist the court or a Judge in the execu- tion of duties imposed upon the court or a Judge by this Part 30 or any other Act.
(2) A constable who neglects or refuses to assist as required by subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.
Compare: 1947 No 16 s 121(1) 35 220 Judicature Modernisation Bill Part 2 cl 411 410 Keeper of prison must detain prisoner on request of (1) (2) bailiff or constable The keeper of a prison or lock-up must detain a prisoner or defendant at the request of the bailiff or constable to whom a warrant for the arrest or for the detention in prison of the 5 prisoner or defendant has been issued.
The keeper must detain the prisoner or defendant until that person may, by the most convenient means of transport, be taken to the place of imprisonment or be brought before the court that is named in the warrant.

Compare: 1947 No 16 s 121(2) 10 (2) 411 Rules of practice and procedure (1) The Governor-General may, by Order in Council, make rules regulating the practice and procedure of the court under this Part or any other enactment.
Rules may be made only with the concurrence of the Chief District Court Judge and 2 or more members of the Rules Com- mittee continued under section 152 of the Judicature Mod- ernisation Act 2013, of whom at least 1 is a District Court Judge.

The power to make rules includes the power to— alter, amend, or revoke existing rules; and (a) revoke existing rules and replace them with new rules.
(b) (4) Without limiting the matters on which rules may be made (3) under subsection (1), rules may be made— (a) (b) (c) (d) applying, with or without modification, provisions of the High Court Rules: prescribing the circumstances in which a proceeding may be transferred within the District Court and the pro- cedure following transfer: prescribing the procedure following the transfer of a proceeding from the District Court to the High Court or from the High Court to the District Court: prescribing— (i) the procedure in the District Court in relation to 35 the removal into the High Court, under section 274, of a summary judgment application or any 15 20 25 30 221 Part 2 cl 411 Judicature Modernisation Bill (ii) matter arising in a summary judgment applica- tion; and the procedure in relation to the removal into the High Court, under section 275, of a question of law: 5 10 prescribing the procedure following the removal of a judgment of the District Court to the High Court or a judgment of the High Court to the District Court: providing for discovery and inspection of documents before the commencement of a proceeding: providing for discovery by, and the inspection of the documents of, a person who is not a party to a proceed- ing: requiring a party to a proceeding to obtain the leave of the District Court or the High Court to appeal against or 15 to seek review of a decision given or an order made in a proceeding: providing for the examination of a judgment debtor: prescribing, according to the nature of the proceeding and the amount involved in the proceeding, the costs 20 and charges to be paid by 1 party or the parties in the proceeding to the other party or parties, in addition to the moneys paid out of pocket: providing for custody of District Court records: providing for the receipt of and accounting for money 25 paid into or from the District Court: authorising a Registrar to hear and determine any pro- ceeding under this Part (but not if the proceeding is a proceeding under any of sections 256 to 261):
 authorising a Registrar to hear and determine any pro- 30 ceeding under this Part, including a proceeding under any of sections 256 to 261, in which a defendant fails to appear at the hearing or admits the claim: prescribing the circumstances in which the powers, privileges, and duties of a Deputy Registrar are not the 35 same as those of a Registrar: prescribing the circumstances in which the court may appoint an expert witness, and prescribing— (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) 222 Judicature Modernisation Bill Part 2 cl 413 (i) (ii) (iii) the procedure to be followed after the expert wit- ness is appointed; and the rights of the parties in relation to the evidence given by the expert witness; and the manner in which the expert witness is to be 5 remunerated: (r) (q) prescribing the circumstances in which an order under section 287 or 288 can be made: providing for documents to be sent in electronic form under section 390(1)(c), including (without limita- 10 tion) provisions for the retention of records that evi- dence the fact that, and the date and time when, those documents were sent to electronic addresses: regulating and providing for any other matters that were regulated or provided for by the District Courts Rules in 15 force immediately before this Part comes into force: providing for any other matters in respect of which rules are contemplated or specially authorised by this Part: providing for any matter for which rules may be neces- sary or desirable.
Compare: 1947 No 16 s 122 (u) (s) 20 (t) 412 Application of rules The court may, on application by a party to a civil proceeding or on its own initiative,— (a) determine a question in the proceeding about the appli- 25 cation of the rules or the High Court Rules; and give any direction it thinks fit in the interests of justice.
(b) Compare: 1947 No 16 s 70A 413 Regulations The Governor-General may, by Order in Council, make regu- 30 lations for all or any of the following purposes: (aa) prescribing the applications, matters, and proceedings for which fees are payable under this Part: prescribing fees payable in respect of applications, mat- ters, and proceedings, including fees for the filing and 35 service of documents, in the District Court pursuant to under this Part or other Acts: (a) 223 Part 2 cl 414 Judicature Modernisation Bill (b) (c) (d) prescribing fees payable to persons giving evidence and to referees and arbitrators in proceedings in the District Court pursuant to under this Part or other Acts: in relation to a service performed by a Registrar or Deputy Registrar under this Part and specified in regu- 5 lations made under paragraph (d), authorising a Regis- trar or Deputy Registrar to charge a reasonable fee cal- culated on the actual expense incurred in performing the service: specifying the services (other than services for which 10 a fee is already prescribed under this Part) performed by a Registrar or Deputy Registrar under this Part for which that person may charge a fee: (e) making provision in relation to the postponement, under (ii) the regulations, of the payment of any fee, which pro- 15 vision may (without limitation) include provision— (i) for the recovery of the fee after the expiry of the period of postponement; and for restrictions to apply (after the expiry of the period of postponement and so long as
 the fee 20 remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable: (f) (g) (h) providing for the manner in which an application for the exercise of a power specified in section 414(1) 25 or 415(1) is to be made, including, without limitation, requiring the application to be in a form approved for the purpose by the chief executive: providing for the refund of fees paid for a review of a decision of a Registrar or Deputy Registrar, if the deci- 30 sion is overturned in its entirety by a Judge: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
Compare: 1947 No 16 s 123 35 414 Regulations providing for waiver, etc, of fees (1) In order to promote access to justice, the Governor-General may, by Order in Council, make regulations authorising a 224 Judicature Modernisation Bill Part 2 cl 415 (2) (3) Registrar or Deputy Registrar to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding (including a proceeding in a Dis- putes Tribunal), or to refund in whole or in part a fee that has already been paid.
Regulations made under subsection (1) must provide that a Registrar or Deputy Registrar may only exercise a power under the regulations if he or she is satisfied on the basis of prescribed criteria that— (a) the person responsible for payment of the fee is unable 10 to pay or to absorb the fee in whole or in part; or unless 1 or more of those powers are exercised in re- spect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be com- menced or continued.
15 (b) 5 For the purposes of subsection (2), regulations may prescribe criteria— (a) for assessing a person’s ability to pay or to absorb a fee; and for identifying proceedings that concern matters of gen- 20 uine public interest.

(b) (4) No fee is payable for an application for the exercise of a power specified in subsection (1).
Compare: 1947 No 16 s 123(1)(ba), (bb), (2) 415 Regulations providing for postponement of fees (1) The Governor-General may, by Order in Council, make regu- lations authorising a Registrar or Deputy Registrar to postpone the payment of a fee pending the determination of— (a) an application for the exercise of a power specified in section 414(1); or an application for review under section 417.

(b) 25 30 (2) No fee is payable for an application for the exercise of a power specified in subsection (1).
Compare: 1947 No 16 s 123(1)(bc), (2) 225 Part 2 cl 416 Judicature Modernisation Bill 416 Chief executive may approve forms (1) The chief executive may approve and issue forms that the chief executive considers necessary for the purposes of this Part, not being forms required to be prescribed by regulations or rules made under this Part.
(2) Without limiting subsection (1),— (a) more than 1 form may be approved and issued in rela- 5 (b) tion to the same matter; and a form may be described by any name that the chief ex- ecutive considers appropriate, even though the form re- 10 lates to a matter that is described by a different name under this Part, so long as the form refers to the appro- priate provision of this Part.
(3) Every document purporting to be a form approved and issued by the chief executive under and for the purposes of this Part 15 is deemed to have been so approved and issued unless the chief executive otherwise certifies.

Compare: 1947 No 16 s 123AA 417 Reviews of decisions of Registrars concerning fees (1) A person who disagrees with a decision of a Registrar or 20 Deputy Registrar under regulations made under section 414(1) or 415(1) may apply to a Judge to review that deci- sion.
The application must be made within— (a) (2) 20 working days after the date on which the applicant 25 is notified of the decision; or any further time that the Judge allows on application, which may be made either before or after the expiry of that period.

(b) The application may be made informally.


(3) (4) A review is— 30 (a) (b) conducted by way of rehearing of the matter in respect of which the Registrar or Deputy Registrar made the decision; and dealt with on the papers, unless the Judge directs other- 35 wise.

226 Judicature Modernisation Bill Part 2 cl 419 (5) The Judge may confirm, modify, or reverse the decision of the Registrar or the Deputy Registrar.

(6) No fee is payable on the application.
Compare: 1947 No 16 s 123A 418 Application of Part (1) Where under any Act any power, authority, or jurisdiction is 5 given to a District Court Judge,— (a) the proceedings must be conducted and determined in the court in accordance with this Part and the rules un- less some other procedure is specially provided or re- 10 quired; and a Judge, in the exercise of the power, authority, or juris- diction in question, has all the powers given under this Part to a Judge and to the Court.
(b) (2) However, except as provided in subsection (1) or as ex- 15 pressly provided in this Part or the rules, nothing in this Part or the rules derogates from or affects the provisions of any other enactment that confers any power, authority, or jurisdic- tion on a Judge or on the court.
Compare: 1947 No 16 s 124 20 419 Access to court records, judicial information, or M ministry information (1) Any person may have access to court records of the District Court to the extent provided by, and in accordance with, rules of court.

The Chief District Court Judge may, at his or her absolute dis- cretion and on any terms and conditions he or she thinks fit, allow any person to have access to any judicial information held by the court.
(2) 25 (2) Access to judicial information is not subject to any enactment 30 that applies to the provision of, or access to, any other infor- mation.

(3) Any person may have access to any M ministry information to the extent provided by, and in accordance with, the Official In- formation Act 1982, the Privacy Act 1993, the Public Records 35 227 Part 2 cl 419A Judicature Modernisation Bill (4) (5) Act 2005, or any other enactment providing for or regulating access to the information.
In this section, court records, judicial information, and Mministry information respectively mean the documents and information described as such in Schedule 5.

The Governor-General may from time to time, by Order in Council,— (a) amend Schedule 5 by adding, omitting, or amend- ing any item or description set out in the third column (headed Description): replace the schedule in whole or in part for the purposes of making any amendments authorised by paragraph (a).
(b) 5 10 (2) (3) 419A Sharing of permitted information with other departments (1) This section applies to permitted information specified in Part 15 B of the items about the court record in Schedule 5, regardless of whether it is controlled by the judiciary.

In response to a request from an agency for information to which this section applies, the Ministry may, by way of an ap- proved information sharing agreement under the Privacy Act 20 1993, share any permitted information with the agency.
The Ministry holds permitted information solely for the purpose of entering into approved information sharing agree- ments under the Privacy Act 1993, and that information is not otherwise subject to the Privacy Act 1993 and is not subject 25 to the Official Information Act 1982 or the Public Records Act 2005.
(5) (4) Nothing in this section or an approved information sharing agreement under the Privacy Act 1993 requires the Ministry to disclose any matter suppressed by or under a court order or 30 any enactment.

The Governor-General may, by Order in Council made on the recommendation of the Minister of Justice, amend or replace Part B of the items about the court record in Schedule 5.
The Minister of Justice may make a recommendation under 35 subsection (5) only after consultation with the Attor- ney-General and with the consent of the Chief Justice.

(6) 228 Judicature Modernisation Bill Part 2 cl 421 419B Requirements that Registrars disclose information (1) If any enactment requires a Registrar to notify a registration authority of certain information about any court proceedings, that requirement is not affected by any suppression order im- posed by the court.
Even if the enactment provides that the court may order other- wise in any case, the requirement is not affected by any sup- pression order imposed by the court unless the court specific- ally orders otherwise in that case.
(2) 419C Judge or Registrar may waive certain fees A Judge or Registrar may, subject to any terms or conditions that the Judge or Registrar thinks fit, waive the payment of a fee prescribed under section 413 for accessing documents (in whole or in part) if the Judge or Registrar is satisfied that the person is unable, or should not be required, to pay the fee.
5 10 15 Subpart 12—Repeals, consequential amendments, and transitional provisions 420 Repeals and revocationsDistrict Courts Act 1947 repealed The District Courts Act 1947 (1947 No 16) is repealed and the courts constituted under section 3 of that Act are reconstituted 20 under this Part as the District Court.

421 Consequential amendments (1) (2) The enactments specified in Schedule 6 are consequentially amended in the manner indicated in that schedule.
In any enactment, unless the context otherwise requires, and 25 with any necessary modifications (including modification to grammar),— (a) a reference to “the District Courts Rules 2009” or “the District Courts Rules” is to be read as a reference to “the District Courts Rules 2013” or “the District Court 30 rules”, as the case may be: a reference to “a District Court”, “any District Court”, “every District Court”, or “District Courts” is to be read as a reference to “the District Court”, except where the words are part of the phrase “District Court Judge”: (b) 35 229 Part 2 cl 421 Judicature Modernisation Bill (c) (d) a reference to “the nearest District Court” is to be read as a reference to “the nearest office of the District Court”: in a heading, a reference to “District Courts” is to be read as a reference to “District Court”.
(c) (b) In any enactment, unless the context otherwise requires, and 5 with any necessary modifications (including modification to grammar),— (a) a reference to “a Disputes Tribunal”, “any Disputes Tri- bunal”, “every Disputes Tribunal”, or “Disputes Tri- bunals” is to be read as a reference to “the Disputes Tri- 10 bunal”: a reference to “the nearest Disputes Tribunal” is to be read as a reference to “the nearest office of the Disputes Tribunal”: in a heading, a reference to “Disputes Tribunals” is to 15 be read as a reference to “Disputes Tribunal”.
In any enactment, unless the context otherwise requires, and with any necessary modifications (including modification to grammar),— (a) a reference to “a Youth Court”, “any Youth Court”, 20 “every Youth Court”, or “Youth Courts” is to be read as a reference to “the Youth Court”, except where the words are part of the phrase “Youth Court Judge”: a reference to “the nearest Youth Court” is to be read as a reference to “the nearest office of the Youth Court”: in a heading, a reference to “Youth Courts” is to be read as a reference to “Youth Court”.
(b) (c) 25 In any enactment, unless the context otherwise requires, and with any necessary modifications (including modification to grammar),— (a) a reference to “a Family Court”, “any Family Court”, “every Family Court”, or “Family Courts” is to be read as a reference to “the Family Court”: a reference to “the nearest Family Court” is to be read as a reference to “the nearest office of the Family Court”: in a heading, a reference to “Family Courts” is to be read as a reference to “Family Court”.
(6) As from the commencement of this section,— (b) (c) 30 35 (3) (4) (5) 230 Judicature Modernisation Bill Part 3 cl 423 (a) (b) the Family Courts Act 1980 is called the Family Court Act 1980: every reference in any enactment and in any document to the Family Courts Act 1980 must, unless the context otherwise provides, be read as a reference to the Family 5 Court Act 1980.
(7) As from the commencement of this section,— (a) (b) the Disputes Tribunals Act 1988 is called the Disputes Tribunal Act 1988: every reference in any enactment and in any document 10 to the Disputes Tribunals Act 1988 must, unless the con- text otherwise provides, be read as a reference to the Disputes Tribunal Act 1988.
(8) As from the commencement of this section,— (a) (b) the Disputes Tribunals Amendment Act 2011 is called 15 the Disputes Tribunal Amendment Act 2011: every reference in any enactment and in any document to the Disputes Tribunal Amendment Act 2011 must, unless the context otherwise provides, be read as a ref- erence to the Disputes Tribunal Amendment Act 2011.

20 422 Transitional provisions The transitional provisions set out in Schedule 7 apply.
Part 3 Judicial review procedure Preliminary provisions 25 423 Purpose of this Part (1) The purpose of this Part is to re-enact Part 1 of the Judicature Amendment Act 1972, which sets out procedural provisions for the judicial review of— the exercise of a statutory power: (a) the failure to exercise a statutory power: (b) (c) the proposed or purported exercise of a statutory power.
The reorganisation in this Part of those provisions, and the changes made to their style and language, are not intended to alter the interpretation or effect of those provisions as they 35 appeared in the Judicature Amendment Act 1972.
30 (2) 231 Part 3 cl 424 Judicature Modernisation Bill 424 Interpretation In this Part, unless the context otherwise requires,— applicant means a person who has filed an application application for judicial review and application mean an ap- plication for judicial review in relation to the exercise, refusal 5 to exercise, or proposed or purported exercise by any person of a statutory power court means the High Court of New Zealand decision includes a determination or an order High Court Rules means the rules set out in Schedule 1 of 10 the Judicature Modernisation Act 2013, as amended from time to time Judge means a Judge of the High Court licence includes any permit, warrant, authorisation, registra- tion, certificate, approval, or similar form of authority required 15 by law person includes a corporation sole, and also a body of persons whether incorporated or not; and, in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power of decision, includes— (a) (b) (c) presiding officer includes— (a) (b) statutory power has the meaning given to it by section 425 statutory power of decision means a power or right conferred by or under any Act, or by or under the constitution or other in- strument of incorporation, rules, or bylaws of any body corpo- 30 rate, to make a decision deciding or prescribing or affecting— the rights, powers, privileges, immunities, duties, or li- (a) abilities of any person; or the eligibility of any person to receive, or to continue to receive, a benefit or licence, whether that person is 35 legally entitled to it or not.
the District Court: the Māori Land Court: the Māori Appellate Court a Judge: a Registrar (b) 25 20 Compare: 1972 No 130 s 3 232 Judicature Modernisation Bill Part 3 cl 427 425 Meaning of statutory power (1) In this Part, statutory power means a power or right to do any of the things specified in subsection (2) that is conferred by or under— (a) (b) any Act; or the constitution or other instrument of incorporation, rules, or bylaws of any body corporate.
5 (2) The things referred to in subsection (1) are— (a) to make any regulation, rule, bylaw, or order, or to give any notice or direction that has effect as subordinate 10 legislation; or to exercise a statutory power of decision; or to require any person to do or refrain from doing any- thing that, but for such requirement, the person would not be required by law to do or refrain from doing; or to do anything that would, but for such power or right, be a breach of the legal rights of any person; or to make any investigation or inquiry into the rights, powers, privileges, immunities, duties, or liabilities of any person.
15 20 (b) (c) (d) (e) Compare: 1972 No 130 s 3 426 Part binds the Crown (1) (2) However, in its application to the Crown, this Part must be This Part binds the Crown.

read subject to the Crown Proceedings Act 1950.
Compare: 1972 No 130 ss 13, 14(2) 25 427 This Part subject to certain provisions of Employment (1) Relations Act 2000 This Part is subject to the provisions of the Employment Rela- tions Act 2000 relating to the jurisdiction of the Employment 30 Court and High Court in respect of— applications for review; or (a) proceedings for a writ or order of, or in the nature of, (b) mandamus, prohibition, or certiorari; or proceedings for a declaration or injunction against any 35 body constituted by, or any person acting under, the Employment Relations Act 2000.
(c) 233 Part 3 cl 428 Judicature Modernisation Bill (2) In particular, this Part is subject to the following provisions of the Employment Relations Act 2000: (aa) 5 section 184 (which restricts review proceedings being brought in respect of any matter before the Employment Relations Authority): section 187(1)(h), (i), (j), and (ka) (which confers on the Employment Court exclusive jurisdiction to hear and determine certain proceedings and applications): section 194A (which provides that review proceedings in relation to an employment relationship problem may 10 not be brought in either the Employment Court or the High Court): section 213 (which confers on the Court of Appeal ex- clusive jurisdiction in relation to the review of any pro- ceedings before the Employment Court).
15 (a) (ab) (b) Compare: 1972 No 130 s 3A Judicial review 428 Application for judicial review (1) An application must be commenced by filing in the High 20 a statement of claim; and a notice of proceeding.

Court— (a) (b) Part 5 of the High Court Rules applies in relation to the commencement and filing of an application as if— (a) references to a plaintiff were references to an applicant; 25 and references to a defendant were references to a respond- ent.
(b) The statement of claim need not state that any of the following relief is sought: (a) mandamus: prohibition: (b) certiorari: (c) declaration: (d) (e) injunction.
Compare: 1908 No 89 Schedule 2 r 30.3(1); 1972 No 130 s 9(1), (3), (7); 1908 No 89 Schedule 2 r 30.3(1) 30 35 (2) (3) 234 Judicature Modernisation Bill Part 3 cl 431 429 Respondents (1) The following persons must be named as a respondent to an application: (a) the person whose act or omission is the subject matter of the application; and if the application relates to any decision made in pro- ceedings, every party to those proceedings.
(b) 5 (2) (3) (4) If the act or omission is that of 2 or more persons acting to- gether under a collective title, then those persons by their col- lective title must be named as respondents to the application.

For the purposes of subsection (1)(a), where the act or omis- sion is that of a presiding officer of any court or tribunal, that court or tribunal, and not the presiding officer, must be named as the respondent to the application.
Subsection (1)(b) is subject to any direction made by a Judge 15 under section 434.

Compare: 1972 No 130 s 9(4), (4A)(a), (5) 10 430 Respondent to file statement of defence (1) A respondent to an application must file a statement of defence unless otherwise directed by a Judge under section 434.
(2) Where, in accordance with section 429(3), a court or tribunal is named as a respondent to an application, the presiding offi- cer of that court or tribunal whose act or omission is the sub- ject matter of the application may file a statement of defence on behalf of the court or tribunal.
Part 5 of the High Court Rules applies in relation to the filing of a statement of defence as if— (a) (3) references to a defendant were references to a respond- ent; and references to a plaintiff were references to an applicant.
30 (b) Compare: 1972 No 130 s 9(4A)(b), (6) 20 25 431 Proceedings for mandamus, prohibition, or certiorari (1) must be treated as application for review This section applies if, in relation to the exercise, refusal to ex- ercise, or proposed or purported exercise of a statutory power, 35 235 Part 3 cl 432 Judicature Modernisation Bill proceedings are commenced for a writ or an order of or in the nature of— (a) mandamus; or prohibition; or (b) certiorari.
(c) If this section applies, the proceedings must be treated and disposed of as if they were an application for judicial review.
Compare: 1972 No 130 s 6 (2) 432 Proceedings for declaration or injunction may be treated (1) (2) as application for review This section applies if— (a) proceedings are commenced for a declaration or an in- junction, or both, with or without a claim for other re- lief; and the exercise, refusal to exercise, or proposed or pur- 15 ported exercise of a statutory power is an issue in the proceedings.
(b) If this section applies, the court on the application of any party may, if it considers it appropriate, direct that the proceedings be treated and disposed of, so far as they relate to the issue in 20 subsection (1)(b), as if they were an application for judicial review.

Compare: 1972 No 130 s 7 5 10 433 Convening of Case management conference (1) A Judge may, at any time, convene direct that a case manage- 25 the parties; or the intended parties; or the lawyers for the parties or intended parties.
ment conference (a conference) be held for— (a) (b) (c) The purpose of a conference is to ensure that— (a) any application or intended application may be deter- mined in a convenient and expeditious manner; and all matters in dispute may be effectively and completely determined.
(b) 30 (2) 236 Judicature Modernisation Bill Part 3 cl 434 (3) A conference may be convened by a Judge may make a direc- tion under subsection (1) on the Judge’s own initiative or on the application of 1 or more parties or intended parties.

(4) A conference may be convened held on such terms as the Judge thinks fit.

5 (5) At a conference, the presiding Judge may make any of the orders and directions specified in section 434.
Compare: 1972 No 130 s 10(1) 434 Orders and directions (1) A Judge may make any of the orders and directions specified 10 (2) in subsection (2)— (a) at a case management conference convened under sec- tion 433; or at any other time before the hearing of the application.
(b) The orders and directions referred to in subsection (1) are 15 orders and directions to— (a) (b) settle the issues to be determined at the hearing: direct that— (i) (c) (d) (e) (f) (g) 20 a person be named, or not named, as a respond- ent; or the name of any party be added or struck out: (ii) direct which parties are to be served: direct a person to file a statement of defence within a specified time: require a party to make an admission in respect of a 25 question of fact and, if the party refuses or fails to make an admission of that kind, require that the party bear the costs of proving that question at the hearing (unless the Judge who finally determines the application is satis- fied that the party’s refusal was reasonable in all of the 30 circumstances, and accordingly orders otherwise in re- spect of those costs): fix a time by which any affidavits or other documents must be filed: require the provision of further or better particulars of— 35 (i) (ii) (iii) any facts; or the grounds for relief; or the relief sought; or 237 Part 3 cl 435 Judicature Modernisation Bill (iv) (v) the grounds of defence; or any other circumstances connected with the ap- plication: 5 (h) (i) (j) require a party to make discovery, produce documents, or both: permit a party to administer interrogatories: in the case of an application for review of a decision made in the exercise of a statutory power of decision, determine whether the whole or any part of the record of the proceedings in which the decision was made should 10 be filed, and give any directions as to its filing: exercise any powers of direction or appointment vested in the court or a Judge by the High Court Rules in re- spect of originating applications: fix a time and a place for the hearing of the application: 15 give any consequential directions that the Judge consid- ers necessary.
Compare: 1972 No 130 s 10(2), (3) (l) (m) (k) Interim orders 435 (1) At any time before the final determination of an application, 20 the court may, on the application of a party, make an interim order of the kind specified in subsection (2) if, in its opinion, it is necessary to do so to preserve the position of the applicant.
The interim orders referred to in subsection (1) are interim orders— (a) (2) 25 (b) (c) prohibiting a respondent from taking any further action that is, or would be, consequential on the exercise of the statutory power: prohibiting or staying any proceedings, civil or crim- inal, in connection with any matter to which the appli- 30 cation relates: declaring that any licence that has been revoked or sus- pended in the exercise of the statutory power, or that will expire by the passing of time before the final deter- mination of the application, continues and, where ne- 35 cessary, that it be deemed to have continued in force.
(3) However, if the Crown is a respondent,— 238 Judicature Modernisation Bill Part 3 cl 436 (a) (b) the court may not make an order against the Crown under subsection (2)(a) or (b); but the court may, instead, make an interim order— (i) declaring that the Crown ought not to take any further action that is, or would be, consequential 5 on the exercise of the statutory power: declaring that the Crown ought not to institute or continue any proceedings, civil or criminal, in connection with any matter to which the applica- tion relates.
(4) An order under subsection (2) or (3) may— (ii) 10 (a) (b) be made subject to such terms and conditions as the court thinks fit; and be expressed to continue in force until the application is finally determined or until such other date, or the hap- 15 pening of such other event, as the court may specify.
Compare: 1972 No 130 s 8 (2) (3) 436 Relief that court may grant (1) The High Court may, by order, grant an applicant any relief that the applicant would be entitled to in proceedings for— 20 (a) a writ or an order of, or in the nature of,— (i) (ii) (iii) a declaration or an injunction.
mandamus; or prohibition; or certiorari; or (b) If an applicant is entitled to an order declaring that a decision made in the exercise of a statutory power of decision is un- authorised or otherwise invalid, the court may, instead of mak- ing that order, set aside the decision.
This section applies even if— (a) the applicant has a right of appeal in relation to the sub- ject matter of the application: the person who has exercised, or is proposing to exer- cise, a statutory power to which the application relates was not under any duty to act judicially.
(b) Compare: 1972 No 130 s 4(1)–(2A) 239 25 30 35 Part 3 cl 437 Judicature Modernisation Bill 437 Court may direct reconsideration of matter to which statutory power of decision relates This section applies if the court is satisfied that an applicant who has filed an application for judicial review in relation to the exercise, refusal to exercise, or purported exercise of a 5 statutory power of decision is entitled to relief under section 436.
The court may make a direction under subsection (3) in add- ition to or instead of granting any relief under section 436.

The court may direct any person whose act or omission is 10 the subject matter of the application to reconsider and deter- mine, either generally or in respect of any specified matters, the whole or any part of any matter to which the application relates.
In giving a direction to any person under subsection (3), the 15 court must— (a) (b) advise the person of the reasons for the direction; and give the person such directions as it thinks just as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.

If the court makes a direction under subsection (3), it may make an interim order under section 435, and that section applies so far as it is applicable and with all necessary modifi- cations.
If a matter is referred back to any person under subsection 25 (3),— (a) 20 the act or omission that is to be reconsidered continues to have effect (subject to any interim order) unless and until it is revoked or amended by that person: the person has jurisdiction to reconsider and determine 30 the matter in accordance with the court’s directions de- spite anything in any other enactment: the person must have regard to— (i) (ii) the court’s reasons for giving the direction; and the court’s directions.
35 (b) (c) Compare: 1972 No 130 s 4(5)–(6) (1) (2) (3) (4) (5) (6) 240 Judicature Modernisation Bill Part 3 cl 441 438 Discretion of court to refuse to grant relief (1) The court may refuse to grant relief to an applicant on any ground if, before 1 January 1973, the court had discretion to refuse to grant relief on that ground in any of the proceedings specified in section 436(1).
(2) However, the court may not exercise its discretion in subsec- tion (1) to refuse to grant relief on the ground that the relief sought in any of the proceedings specified in section 436(1) should have been sought in any other of those proceedings.
Compare: 1972 No 130 s 4(3), (4) 439 Discretion of court to refuse to grant relief for defect in (1) form or technical irregularity This section applies if, in any application for judicial review in relation to the exercise, refusal to exercise, or purported exercise of a statutory power of decision,— (a) the sole ground of relief established is a defect in form or a technical irregularity; and the court finds that no substantial wrong or miscarriage of justice has occurred.
(b) (2) If this section applies, the court may— (a) refuse to grant relief; and (b) where a decision has already been made, make an order validating the decision despite the defect or irregularity.

(3) An order made under subsection (2)(b) has effect from such time and on such terms as the court thinks fit.
Compare: 1972 No 130 s 5 440 Appeals Any party who is dissatisfied with any interlocutory or final order made in respect of an application may appeal to the Court of Appeal in accordance with section 57 of the Judicature 30 Modernisation Act 2013.
Compare: 1972 No 130 s 11 441 References in enactments Every reference in an enactment to proceedings for a writ or an order of, or in the nature of, mandamus, prohibition, or 35 241 Part 3 cl 442 Judicature Modernisation Bill certiorari, or for a declaration or an injunction, must, unless the context otherwise requires, be read as including a reference to an application for review.
Compare: 1972 No 130 s 16 Repeal and, transitional provisions, and consequential amendments 442 Repeal The Judicature Amendment Act 1972 (1972 No 130) is re- pealed.

443 Transitional provision (1) This section applies to all judicial review proceedings com- menced under the Judicature Amendment Act 1972 that are pending or in progress immediately before the commencement date.
5 10 (3) (2) Despite the repeal of the Judicature Amendment Act 1972, 15 judicial review proceedings to which this section applies are to be continued and completed under that Act as if that Act had not been repealed.

If any question arises as to the continuation or completion of a proceeding under subsection (2), the court may, either on the 20 application of a party to the proceeding or on its own initiative, determine the question and give any directions that it thinks fit in the interests of justice.
In this section, commencement date means the date on which this Part comes into force.

(4) 25 444 Consequential amendments The enactments specified in Schedule 8 are consequentially amended in the manner indicated in that schedule.
242 Judicature Modernisation Bill Part 4 cl 447 Part 4 Interest on money claims Preliminary provisions 445 Purpose (1) (2) The purpose of this Part is to provide for the award of interest 5 as compensation for delay in the payment of debts, damages, and other money claims in respect of which civil proceedings are commenced.
That purpose is to be achieved by the award of interest in ac- cordance with the following principles: (a) 10 interest is to be awarded on all money claims except those expressly excluded by this Part: interest is to be paid from the day on which the money claim is quantified until the day of payment: the interest rate to be used for the purposes of this Part 15 is to reflect fairly and realistically the cost to a creditor of the delay in payment of a money claim by a debtor and in particular— (i) (b) (c) the rate is to be capable of fluctuating in accord- ance with changes in the retail 6-month retail 20 term deposit rate published by the Reserve Bank of New Zealand; and interest is to be compounded at daily intervals; and interest is to be calculated using a calculator that 25 is publicly available on an Internet site main- tained by or on behalf of the Ministry: (ii) (iii) (d) in special circumstances, a court is to have power to award any interest or compensatory lump sum it may direct, or make no award.
30 446 Application This Part applies to every civil proceeding commenced after the commencement of this Part.
447 (1) Interpretation In this Part, unless the context otherwise requires,— 35 243 Part 4 cl 447 Judicature Modernisation Bill court— (a) (b) does not include a tribunal or an arbitral tribunal; and in relation to a matter, means the court by or before which the matter falls to be determined initial amount means the amount specified, in accordance 5 with section 451, by the court in a money judgment on which interest is awarded for a specified period under section 450, 457, or 458 interest,— (a) in relation to the payment or non-payment of interest 10 under another Act or a contract, includes the payment of any amount, however calculated, as compensation for delay in payment; and in relation to a claim for, or an award of, interest under this Part, includes a claim for or an award of a lump 15 sum under section 458 or 464 (b) interest rate has the meaning set out in section 452(2) Internet site calculator means the calculator established and maintained under section 453 judgment debt means the sum of the amounts, if any, that 20 are required to satisfy the liability of a party under a money judgment, together with interest awarded under this Part or any other Act, rule of law, or rule of equity, in respect of any period or periods specified in the judgment last day, in respect of a period, means— (a) (b) the day specified in section 449(1)(b); or if the period is specified under section 449(2)(b), the date that is at the end of that period 25 Ministry means the department of State that, with the author- ity of
 the Prime Minister, is for the time being responsible for 30 the administration of this Part money judgment— (a) means a judgment or an order given or made by a court in a civil proceeding that requires the payment of money; and includes a judgment obtained by default or in accord- ance with a summary judgment procedure (b) 35 244 Judicature Modernisation Bill Part 4 cl 449 pay, in relation to the satisfaction of a party’s liability or a judgment debt, includes to satisfy that liability or judgment debt in any way other than by the payment of money prescribed means prescribed by regulations made under sec- tion 467 start date, in respect of a period, means— (a) the date on which the period begins under section 449(1)(a); or if the period is specified under section 449(2)(b), the date that is at the beginning of that period.
(b) (2) An example used in this Part has the following status: (a) (b) the example is only illustrative of the provision to which it relates and does not limit the provision; and if the example and the provision to which it relates are inconsistent, the provision prevails.

448 Part binds the Crown This Part binds the Crown.
5 10 15 Subpart 1—Award of interest Interest to be awarded 449 Period for mandatory award of interest (1) When giving a money judgment, a court must award interest 20 under this Part for the period that— (a) (a) begins on the day on which the cause of action arose or, if the amount on which interest is to be awarded was not quantified at that day, on a later day that the 25 court specifies in the judgment as the day at which that amount was quantified; and begins either— (i) (ii) on the day on which the cause of action arose; or if the amount on which interest is to be awarded 30 was not quantified at the day on which the cause of action arose, on a later day that the court spe- cifies in the judgment as the day at which that amount was quantified; and (b) ends on the day on which the judgment debt (including 35 all interest payable under this Part) is paid in full.
245 Part 4 cl 450 Judicature Modernisation Bill (2) Subsection (1) applies unless— (a) (b) this Part expressly provides that interest cannot be awarded under this Part; or the court, in accordance with this Part, specifies in the judgment any 1 or more shorter periods as the period or 5 periods for which interest is to be awarded under this Part.
(3) Despite subsections (1) and (2), interest under this Part does not accrue after the date of payment on an amount paid— (a) after the proceeding has been commenced but before 10 the date of judgment, in or towards satisfying a party’s liability; or after the date of judgment, towards satisfying a judg- ment debt.

(b) (2) (3) 450 Mandatory award of interest (1) 15 20 In every money judgment, a court must award interest under this section as compensation for delay in the payment of money.
Subsection (1) does not apply if this Part expressly provides otherwise.
If, after a proceeding for a money claim is commenced but before a money judgment is given, any amount is paid so that the entire amount due, except for interest, is paid, then (unless this Part expressly provides otherwise)— (a) the party who had the money claim is still entitled to 25 interest under this section; and the court must award interest under this section al- though the judgment requires no other payment to satisfy the liability of a party.
(b) Initial amount 451 (1) When the court awards interest under section 450 for a period, the court must specify the amount on which interest is awarded for that period (an initial amount).
The initial amount in respect of a period must include any amount paid in or towards satisfying a party’s liability after 35 a proceeding for a money claim is commenced but before a (2) 30 246 (2) (2) Judicature Modernisation Bill Part 4 cl 452 (3) money judgment is given if that period begins at a date earlier than the date of that payment.
The initial amount in respect of a period must include accrued interest on any amount on which interest is awarded, for any earlier period specified in the judgment, under— (a) (b) (c) section 450 or any other section of this Part; or any other Act; or a contract.
5 452 Calculation of interest awarded under section 450 (1) Interest awarded under section 450 for a period is to be cal- 10 culated at the relevant interest rate or interest rates on a daily compounding basis using the Internet site calculator in accord- ance with sections 454 and 455, except if this Part ex- pressly provides otherwise.
In this section, interest ratemeans— an annual rate equiva- 15 lent to the 6-month retail deposit rate as published from time to time by the Reserve Bank of New Zealand (or, if some other indicator interest rate is prescribed as the base rate for the pur- poses of this section, the prescribed base rate), plus 0.15% (or, if some other percentage is prescribed as the premium for the 20 purposes of this section, the prescribed premium).
In this section, interest rate, for any given day (day A), means the base rate plus the premium expressed as a daily compound rate, where— (a) 25 base rate means— (i) the average of the 6 observations for the retail 6-month term deposit rate most recently pub- lished by the Reserve Bank of New Zealand be- fore day A; or if some other indicator interest rate is prescribed 30 as the base rate that applies for the purposes of this section from a specified date, the prescribed rate, if day A is after the specified date; and (ii) (b) premium means— (i) (ii) 0.15%; or if some other percentage is prescribed as the pre- mium that applies for the purposes of this section 35 247 Part 4 cl 453 Judicature Modernisation Bill from a specified date, the prescribed premium, if day A is after the specified date.
(3) For the purposes of subsection (2)(a)(i), every observation for the retail 6-month term deposit rate published by the Re- serve Bank of New Zealand— (a) before this Act comes into force is deemed to have been published on the first day of the month following the month to which the observation relates; and after this Act comes into force is published on the date that it is first published on the Internet site of the Re- 10 serve Bank of New Zealand.
(b) 5 20 Example Assumed facts For 15 November 2012 the 6 most recent observations for the retail 6-month term deposit rate that had been published by the 15 Reserve Bank of New Zealand* at that date are 4.13%, 4.11%, 4.11%, 4.10%, 3.96% and 3.95%, being the rates observed on the last business day of the months from June 2012 to October 2012.

The average of these 6 observations is 4.06%.

This is the base rate.


The base rate and the premium, namely 0.15%, are added, with the result for 15 November 2012 being 4.21%.

This is a "per annum simple interest rate".

This is required to be converted to a "daily compound interest rate".

The formula for this conversion is: Daily compound interest rate = ((1+"per annum simple interest 25 rate as %"/100)^(1/365)-1) x 100 The result of applying this formula to 4.21% is: Daily compound interest rate = 0.0112986952452543.
This is the interest rate expressed as a daily compound rate for 15 Novem- ber 2012.

If the debt was not paid on 16 November 2012 the amount on which interest would accrue would be the $10,000 plus the inter- est in respect of 15 November 2012 as calculated without round- ing.

*See “B3 Retail http://www.rbnz.govt.nz.


interest rates on lending and deposits” at 35 30 453 (1) Internet site calculator The chief executive of the Ministry must— 248 Judicature Modernisation Bill Part 4 cl 454 (a) establish and maintain a calculator to be used for the purposes of this Part; and (b) make the calculator publicly available at all reasonable times on an Internet site maintained by, or on behalf of, the Ministry.
5 The chief executive of the Ministry must ensure that the cal- culator— (a) allows interest to be— (i) calculated at the relevant interest rate or interest rates expressed as a daily compound rate; and compounded at daily intervals; and (ii) complies with any prescribed rules or requirements governing the establishment or operation of the Inter- net site calculator.
(b) 10 The calculator is presumed, unless the contrary is shown, to 15 have been established and maintained in accordance with sub- section (2).
The court, on an application by a party to a proceeding made before the judgment is sealed or, if permitted by the rules of court, any later date permitted by those rules, may make such 20 orders as it considers just if it is satisfied that the Internet site calculator has not allowed interest to be calculated in accord- ance with subsection (2)(a), resulting in an error in an award of interest made in the proceeding.
(2) (3) (4) (5) However, no action lies against the Crown, the Reserve Bank 25 of New Zealand, or an officer or employee or Minister of the Crown or the Reserve Bank of New Zealand, or any other per- son, to recover any damages or other amount for any loss, dam- age, or other adverse effect due directly or indirectly to any act or omission in respect of the establishment and operation 30 of the Internet site calculator.
(6) No person is exempted from liability under subsection (5) for any act or omission that constitutes bad faith on the part of that person.

454 Calculation if judgment debt paid in full in 1 payment (1) If a party pays, or were to pay, a judgment debt in full in 1 pay- ment, the amount payable is to be calculated using the Internet 35 249 Part 4 cl 454 Judicature Modernisation Bill site calculator by inserting the initial amount, the start date, and the end date.
The resulting amount is the total amount, including interest, that is required to satisfy the judgment debt.

(2) 5 Example Assumed facts On 1 March 2012, the debtor purchased goods from the cred- itor for $10,000 and failed to pay for them.

On 1 July 2012, a court gave judgment in respect of the goods sold for an amount of $10,000 plus interest under this Part.

The cause of action arose, 10 and the amount on which interest was awarded was quantified, on 1 March 2012 (the date of the sale).
The judgment debtor paid in full on 15 December 2012.

The six-month retail term deposit rate varied throughout the period between 3.95% and 4.38% per annum.

Accordingly, the interest rate used by the Internet site 15 calculator is the weighted average of each daily rate plus 0.15%.

Calculation The start date (1 March 2012), the end date (15 December 2012), and the initial amount ($10,000) are entered into the Internet site calculator.
Using that information, the total amount, including interest, re- quired to satisfy the judgment debt on 15 December 2012 is cal- culated.

That total amount is $10,346.68.

All calculations are made by the Internet site calculator.

Assumed facts On 15 March 2012, the debtor purchased goods from the cred- itor for $10,000 and failed to pay for them.

On 1 July 2012, a court gave judgment in respect of the goods sold for an amount of $10,000 plus interest under this Part.
The cause of action arose, and the amount on which interest was awarded was quantified, 30 on 15 March 2012 (the date of the sale).

The judgment debtor paid in full on 15 December 2012.

For each day in the period between 15 March 2012 and 15 December 2012, the average of the 6 most recent observations of the retail 6-month term deposit rate published by the Reserve Bank of New Zealand at that date 35 is used as the base interest rate.
The margin of 0.15% is added to the base rate and the result is expressed as a daily compound interest rate.

Calculation The start date (15 March 2012), the end date (15 December 40 2012), and the initial amount ($10,000) are entered into the Inter- net site calculator.
25 20 250 Judicature Modernisation Bill Part 4 cl 455 Example—continued Using that information, the total amount, including interest, re- quired to satisfy the judgment debt on 15 December 2012 is cal- culated, on a daily compounding basis.

That total amount is $10,323.25.

All calculations are made by the Internet site calculator.
5 455 Calculation if judgment debt paid in instalments (1) If a party has paid an instalment or instalments of a judgment debt, the balance required to pay the judgment debt in full on a particular date is to be calculated using the Internet site calculator by entering the initial amount, the start date, the end 10 date, the amount of each instalment, and the date of payment of each instalment.
The resulting amount is the total amount, including interest, required to satisfy the balance of the judgment debt in full on the particular date.

15 (2) Example Assumed facts On 1 July 2012, a court gave judgment for negligent advice for a sum of $10,000 damages plus interest under this Part.

For the purposes of section 449, the court specified the date of 20 judgment as the date at which the amount on which interest is awarded was quantified.
The judgment debtor paid instalments of $1,000 on 15 October 2012 and 15 November 2012 and paid the remainder of the money judgment, including interest in full, on 15 December 2012.

The 6-month retail term deposit rate 25 throughout the period was between 3.85% and 4.42% per an- num.

Accordingly, the interest rate used by the Internet site cal- culator is the weighted average of each daily rate over the period plus 0.15%.
Calculation The start date (1 July 2012), the end date (15 December 2012), and the initial amount ($10,000) are entered into the Internet site calculator.

Using that information, the total amount from which the value of the instalments will be subtracted is calculated.

This total amount is $10,197.55.

Then the amount of each instalment and the corresponding date of payment are entered into the Internet site calculator ($1,000 on 15 October 2012 and 15 November 2012).
After the 2 instal- 30 35 251 Part 4 cl 456 Judicature Modernisation Bill Example—continued is of total from value subtracted ments are entered, a total value of instalments is calculated.

This amount is $2,010.48.

The instalments $10,190.50$10,197.55 to give the total amount, including inter- 5 est, required to satisfy the judgment debt on 15 December 2012.

That amount is $8187.07.

All calculations are made by the Internet site calculator.
Assumed facts On 15 July 2012, a court gave judgment for negligent advice for 10 a sum of $10,000 damages plus interest under this Part.

For the purposes of section 449, the court specified the date of judgment as the date at which the amount on which interest is awarded was quantified.

The judgment debtor paid instalments of $1,000 on 15 October 2012 and 15 November 2012 and paid 15 the remainder of the money judgment, including interest in full, on 15 December 2012.
For each day in the period between 15 July 2012 and 15 December 2012, the average of the 6 most recent observations of the retail 6-month term deposit rate published by the Reserve Bank of New Zealand at that date is used as the base 20 interest rate.

The margin of 0.15% is added to the base rate and the result is expressed as a daily compound interest rate.
Calculation The start date (15 July 2012), the end date (15 December 2012), and the initial amount ($10,000) are entered into the Internet site 25 calculator.

Using that information, the total amount from which the value of the instalments will be subtracted is calculated.

This total amount is $10,177.63.

Then the amount of each instalment and the corresponding date of payment are entered into the Internet site calculator ($1,000 30 on 15 October 2012 and 15 November 2012).
After the 2 instal- ments are entered, a total value of instalments is calculated.

This amount is $2,010.31.

The total value of instalments is subtracted from $10,177.63 to give the total amount, including interest, required to satisfy the 35 judgment debt on 15 December 2012.

That amount is $8,167.32.

All calculations are made by the Internet site calculator.
456 References to paying debt in full or paying instalments In sections 454 and 455, a reference to paying a judgment debt in full in 1 payment, or paying an instalment or instal- 40 ments of a judgment debt, is to be taken to include paying, after 252 Judicature Modernisation Bill Part 4 cl 458 a proceeding for a money claim has been commenced (but be- fore judgment has been entered), an amount or instalment in or towards satisfaction of the claim.
457 Discretion if money judgment expressed in foreign 5 (1) (2) currency If an initial amount specified in a money judgment in respect of a period is expressed in a foreign currency, the court may,— instead of awarding interest to be calculated as provided (a) in sections 452 to 456, award interest on that initial 10 amount for that period at a rate that the court consid- ers fairly and realistically reflects relevant economic cir- cumstances; and determine the manner (with or without compounding) by which interest at that rate is to be calculated.
The court may not award interest under this section on an amount for any period unless interest could have been, but was not, awarded as provided in sections 450 to 456 on that amount for that period.
(b) 15 458 Discretion in special circumstances (1) 20 If, in the opinion of the court, special circumstances make it inequitable to award interest in a money judgment under sec- tions 450 to 456, or section 457, for a period, the court may, for all or part of that period,— (a) award interest on all or part of the amount of the money 25 judgment at the rate and calculated in the manner (with or without compounding) that the court directs; or award a lump sum as compensation for delay in the pay- ment of all or part of that amount; or (c) determine not to award interest or a lump sum.
The court may not award interest under this section on an ini- tial amount for any period unless interest could have been, but was not, awarded as provided in sections 450 to 456 on that amount for that period.

(b) 30 (2) 253 Part 4 cl 459 Judicature Modernisation Bill Subpart 2—Where interest is not to be awarded 459 No interest to be awarded on penalty A court may not award interest under this Part on an amount that is a penalty or in the nature of a penalty.
5 460 Restrictions on award of interest for certain specified periods (1) A court may not award interest under this Part on costs awarded to a party for a period before the date when the costs are awarded.

10 (2) A court may not award interest under this Part on an award of exemplary damages for a period before the date on which judgment is given for those damages.
(3) A court may not award interest under this Part or otherwise for a period after the date of judgment if the judgment is given 15 for an amount not exceeding $5,000, excluding the amount of any interest included in the judgment for a period before the date of judgment.
461 No interest to be awarded for period contrary to provisions of another Act 20 (1) A court may not award interest under this Part in a money judgment for a period if a court has awarded interest on that judgment under another Act for that period.

(2) A court may not award interest under this Part in a money judgment if it would be inconsistent with the provisions of 25 another Act to do so.
462 Award of interest if contract makes relevant provision (1) This section and section 463 apply to a period for which a contract provides for the award of interest, or provides that no interest is payable, on any amount payable under, or for the 30 breach of, the contract.

(2) A court may award interest for a period to which this section applies in accordance with the rights and obligations of the parties specified in the contract.
Subsection (2) applies despite— (3) 35 254 Judicature Modernisation Bill Part 4 cl 464 (a) (b) subpart 1 or section 464; or any rule of law that after judgment is given rights and obligations under a contract merge in the judgment.

(4) A court may not award interest under this Part for a period to which this section applies in respect of an amount payable 5 under a contract, or for the breach of a contract, if the court has awarded interest under the contract for that period.
(5) A court may not award interest under subpart 1 or section 464 for a period to which this section applies if it would be inconsistent with the provisions of the contract to do so.
10 463 Rules of interpretation for contractual provisions Unless the contract expressly provides otherwise, a provision in the contract as to— (a) the payment or non-payment of interest on an unpaid amount payable under, or for the breach of, the con- 15 tract must be taken to apply for the purposes of section 462 to the periods before and after the date on which a money judgment is given in respect of that amount; and a rate of interest payable on any unpaid amount must be taken to be inconsistent with an award of interest under 20 subpart 1 or section 464.
(b) (1) 464 Special provision for interest or lump sum in specified circumstances relating to contracts entered into before commencement This section applies to the period before the date of a money 25 judgment if the judgment is given for— an amount under, or for breach of, a contract entered into before the coming into force of this Part.
(a) an amount under, or for the breach of, a contract entered into before the coming into force of this Part; or an amount not exceeding $5,000, exclusive of any in- terest awarded for that period.
(b) 30 (2) Where this section applies to a period before the date of a money judgment,— (a) the court may not award interest under subpart 1 for 35 the period; but the court may— (b) 255 Part 4 cl 465 Judicature Modernisation Bill (i) (ii) (iii) award interest on all or part of the amount of the money judgment at a rate not exceeding the rate prescribed for the purposes of this section, calcu- lated in the manner (with or without compound- ing) that the court directs; or award a lump sum that is not greater than could be awarded under subparagraph (i) as compen- sation for delay in the payment of all or part of that amount; or determine not to award interest or a lump sum.
5 10 Subpart 3—Supplementary and miscellaneous provisions 465 Court may not award interest unless procedural requirements complied with (1) A court may not award interest under a section of this Part for 15 a period unless the party who claims interest under the section for that period specifies the section and, as far as possible, the period in that party’s statement or notice of claim or counter- claim.
20 Examples In the case of the example in section 454, the creditor would specify in its statement of claim section 450 as the section under which interest is claimed and 1 March 2012 to the date of payment as the period for which interest is claimed.

In the case of the example in section 455, the plaintiff would 25 specify in its statement of claim section 450 as the section under which interest is claimed and the date of judgment to the date of payment as the period for which interest is claimed.
If the plaintiff wanted to claim that special circumstances make it inequitable to award interest under sections 450 to 456, or 30 section 457, the plaintiff could specify in its statement of claim section 458 as the section under which interest is claimed (the plaintiff would also specify the period for which interest is claimed).
(2) If a party claims interest under section 457, 458, 462, or 35 464,— 256 Judicature Modernisation Bill Part 4 cl 467 (a) (b) the party must specify in that party’s statement or notice of claim or counterclaim the amount or rate of interest claimed; and the court may not award interest— (i) exceeding the amount claimed under paragraph 5 (a); or at a rate exceeding the rate claimed under para- graph (a).
(ii) (3) Nothing in this section prevents interest being claimed in a statement or notice of claim or counterclaim in the alternative.

10 (4) Nothing in this section prevents a court from making an award of interest where the court has at any time made or accepted an amendment to a statement or notice of claim or counterclaim in accordance with the rules of court and that statement or notice of claim or counterclaim, as amended, complies with 15 the requirements in subsections (1) and (2).
466 Preservation of common law and equitable rights (1) This Part does not limit or affect the ability of any person to bring a claim, or to continue any existing claim, in any court for interest at common law or in equity.

20 (2) However, a court may not award interest under this Part in a money judgment for a period if a court has awarded interest on that judgment at common law, or in equity, for that period.
467 Regulations (1) The Governor-General may, by Order in Council made on the 25 recommendation of the Minister, make regulations for all or any of the following purposes: (a) prescribing an indicator interest rate (or a formula or other methodology for setting another indicator interest rate) as the base rate for the purposes of section 452(2) 30 from a specified date: prescribing a percentage as the premium for the pur- poses of section 452(2) from a specified date: prescribing rules or requirements governing the estab- lishment or operation of the Internet site calculator: prescribing the rate of interest for the purposes of sec- tion 464(2)(b)(i): 35 (b) (c) (d) 257 Part 4 cl 468 Judicature Modernisation Bill (e) providing for any other matters contemplated by this Part or necessary for its administration or necessary for giving it full effect.
(2) The Minister may recommend the making of regulations under subsection (1)(a) or (b) only if the Minister is satisfied that 5 the change to the interest rate in section 452(2) that would result is for the purpose of achieving the following objectives: (a) (b) simple, accessible, and predictable law: commercially realistic, and fair, compensation for cred- itors: a method of calculating interest owed using a published interest multiplier that is updated regularly and admin- istratively, and is easy to use.
(c) 10 468 Transitional provisions for civil proceedings already commenced in superior senior court Despite the repeal of section 87 of the Judicature Act 1908 by section 179 of the Judicature Modernisation Act 2013, that section continues to apply to every civil proceeding com- menced before this Part comes into force as if this Part had not been enacted.
15 20 469 Transitional provision for civil proceedings already commenced in inferior District court Despite the repeal of sections 62B and 65A of the District Courts Act 1947 by section 420 of the Judicature Mod- ernisation Act 2013, those sections continue to apply to 25 every civil proceeding commenced before this Part comes into force as if this Part had not been enacted.

470 Amendments to other enactments The enactments specified in Schedule 9 are amended in the manner indicated in that schedule.
30 258 Judicature Modernisation Bill Part 5 cl 473 Part 5 Electronic courts and tribunals Preliminary provisions 471 Purpose The purpose of this Part is to— (a) facilitate the use of permitted documents in, or with re- spect to, the proceedings of courts and tribunals; and allow references to documents in existing enactments relating to the processes of courts and tribunals to be interpreted as including permitted documents; and permit the filing of permitted documents at any speci- fied place.
(b) (c) 472 Principles A person exercising a power under this Part must have regard to the following principles: (a) all persons should be able to deal with courts and tri- bunals in a technology-neutral way: electronic technology should be used where it— (i) (ii) (iii) makes information more accessible: access to justice should be preserved for all persons, including those without access to electronic technology.
reduces costs: speeds up the delivery of services: (b) (c) 5 10 15 20 473 (1) 25 Interpretation In this Part, unless the context otherwise requires,— associated process means a process that a court or tribunal, or a participant in proceedings before a court or tribunal, uses to create a document, including signing, sealing, witnessing, and filing the document electronic includes electrical, digital, magnetic, optical, elec- 30 tromagnetic, biometric, and photonic head of bench means,— (a) (b) in relation to the Supreme Court, the Chief Justice: in relation to the Court of Appeal, the President of the Court of Appeal: 35 259 Part 5 cl 473 Judicature Modernisation Bill (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) in relation to the High Court, the Chief High Court Judge: in relation to the Employment Court, the Chief Judge of the Employment Court: in relation to the Court Martial, the Judge Advocate 5 General: in relation to the Court Martial Appeal Court, the Chief High Court Judge: in relation to the Summary Appeal Court of New Zealand, the Judge Advocate General: in relation to the District Court and all of its divisions, the Chief District Court Judge: in relation to the Environment Court, the Principal En- vironment Judge: in relation to the Māori Land Court, the Chief Judge of 15 the Māori Land Court: in relation to a coroner, the chief coroner: in relation to a tribunal, the head or chair of the tribunal or, if the tribunal has no head or chair, the longest-serv- ing judicial officer 10 20 information system
 means a system for producing, sending, receiving, storing, displaying, or otherwise processing elec- tronic communications Minister means the Minister or Ministers of the Crown who, under the authority of any warrant or with the authority of the 25 Prime Minister, is or are for the time being responsible for the administration of this Part paper-based form means a format or layout that applies to information in paper or other non-electronic form, including (but not limited to) the material that must be used permitted document means a document, including its associ- ated process, in electronic form that is made by, or for use in, a court or tribunal.
30 (2) None of the following documents is a permitted document un- less and until the Governor-General, by Order in Council made 35 on the recommendation of the Minister, declares it to be a per- mitted document: (a) a document that is required to be served by personal service: 260 Judicature Modernisation Bill Part 5 cl 476 (b) (c) (d) (e) (f) (g) (h) (i) a document given on oath or affirmation: a statutory declaration: a will, codicil, or any other testamentary instrument: a power of attorney or an enduring power of attorney: a negotiable instrument: any notice required to be attached to any thing or left or displayed in any place: any warrant or other instrument authorising entry into premises, or the search or seizure of any person or thing: any other document specified by the Governor-General 10 by Order in Council made on the recommendation of the Minister.
5 474 Part binds the Crown This Part binds the Crown.

General provisions 475 Part applies to certain courts and tribunals (2) This Part applies to any court or tribunal, or any particular jurisdiction of a court or tribunal specified by the Governor- General by Order in Council made on the recommendation of the Minister.
The Minister may not make a recommendation in respect of a court or tribunal unless the head of bench has certified in writing to the Minister that the court or tribunal is ready to use electronic technology in the whole of its jurisdiction or in part of its jurisdiction.

15 20 25 476 Permitted documents may be used (1) A court or tribunal, or a participant in proceedings before a court or tribunal, may use permitted documents in, or with respect to, the proceedings of the court or tribunal.
(2) However, nothing in this Part requires a person to use, pro- 30 vide, or accept a permitted document without the person’s con- sent.

(3) Despite subsection (2), a class of persons specified in regu- lations made under section 502 may be required to use, pro- vide, or accept a permitted document— 35 261 Part 5 cl 477 Judicature Modernisation Bill (a) (b) (c) in a specified court or tribunal; or in a specified jurisdiction of a court or tribunal; or in specified circumstances.
(4) Nothing in subsection (2) overrides any provision in any other Act that requires a person to use, provide, or accept a 5 permitted document.

477 Consent may be inferred from person’s conduct A person’s consent to use, provide, or accept a permitted docu- ment may be inferred from the person’s conduct, including (but not limited to)— (a) (b) filing a permitted document with a court or tribunal: providing to a court or tribunal an electronic address where permitted documents may be sent.
Compare: 2006 No 40 s 219(1) 478 Presumption of validity In the absence of proof to the contrary, a document is not in- valid merely because it is a permitted document.
10 15 479 Certain documents to be treated as permitted documents A court or tribunal must treat a reference to a document, or its associated process, in an enactment relating to the processes 20 of a court or tribunal as a reference to a permitted document unless— (a) (b) the enactment explicitly provides otherwise; or the context of the enactment requires a different inter- pretation.
Compare: 1999 No 85 s 4(1) 25 Manner in which permitted documents meet certain non-electronic requirements 480 Requirement for information to be in writing A requirement that information be in writing is met by infor- 30 mation in a permitted document if the information is readily accessible and so as to be usable for subsequent reference.
Compare: 2002 No 35 s 18 262 Judicature Modernisation Bill Part 5 cl 484 481 Requirement for information to be recorded in writing A requirement that information must be recorded in writing is met by recording the information in a permitted document if the information is readily accessible and so as to be usable for subsequent reference.
Compare: 2002 No 35 s 19 5 (3) (2) 482 Requirement for information to be given in writing (1) A requirement to give information in writing is met by giving the information in a permitted document if the information is readily accessible and so as to be usable for subsequent refer- 10 ence.

Subsection (1) applies even if the information must be given in a specified manner (for example, by filing, sending, serving, delivering, lodging, or posting the information).
In this section, requirement to give information includes 15 (but is not limited to)— (a) making an application: (b) making or lodging a claim: giving, sending, or serving a notification: (c) (d) lodging a return: (e) making a request: (f) (g) (h) making, varying, or cancelling an election: lodging an objection: (i) giving a statement of reasons: (j) (k) lodging an appeal.
Compare: 2002 No 35 s 20(1), (3), (4) making a declaration: lodging or issuing a certificate: 25 20 483 Requirement to provide multiple copies of information A requirement to provide multiple copies of information to 30 the same person at the same time is met by providing a single electronic version of the information in a permitted document.
Compare: 2002 No 35 s 20(2) 484 Requirement to provide information in certain form A requirement to provide information in a manner that com- 35 plies with a paper-based form is met by providing the infor- 263 10 15 Part 5 cl 485 Judicature Modernisation Bill mation in a permitted document if the information is readily accessible and so as to be usable for subsequent reference.
Compare: 2002 No 35 s 21 485 Requirement for signatures A requirement for a signature, other than a witness’s signature, 5 is met in a permitted document by means of an electronic sig- nature if the electronic signature— (a) adequately identifies the signatory and adequately in- dicates the signatory’s approval of the information to which the signature relates; and is as reliable as is appropriate for given the purpose for which, and the circumstances in which, the signature is required.
Compare: 2002 No 35 s 22(1) (b) 486 Requirement for signatures of witnesses (b) A requirement for a signature or a seal to be witnessed is met in a permitted document by means of a witness’s electronic signature if,— (a) in the case of the witnessing of a signature, the signature to be witnessed is an electronic signature that complies 20 with section 485; and in the case of the witnessing of a signature or a seal, the electronic signature of the witness— (i) adequately identifies the witness and adequately indicates that the signature or seal has been wit- 25 nessed; and is as reliable as is appropriate for given the pur- pose for which, and the circumstances in which, the witness’s signature is required.
(ii) Compare: 2002 No 35 s 23(1) 30 487 Requirement for seals A requirement for a seal is met in a permitted document by means of an electronic seal if the electronic seal— (a) adequately identifies the party attaching the seal; and 264 Judicature Modernisation Bill Part 5 cl 489 (b) is as reliable as is appropriate for given the purpose for which, and the circumstances in which, the seal is re- quired.
488 Presumption about reliability of electronic signatures (1) For the purposes of sections 485 and 486, an electronic 5 signature is presumed to be as reliable as is appropriate if— (a) the means of creating the electronic signature is linked to the signatory and to no other person; and the means of creating the electronic signature was under the control of the signatory and of no other person; and 10 any alteration to the electronic signature made after the time of signing is detectable; and (b) (c) (2) (d) where the purpose of the legal requirement for a signa- ture is to provide assurance as to the integrity of the in- formation to which it relates, any alteration made to that 15 information after the time of signing is detectable.
Subsection (1) does not prevent any person from proving on other grounds or by other means that an electronic signature— (a) (b) Compare: 2002 No 35 s 24 is as reliable as is appropriate; or is not as reliable as is appropriate.
20 489 Requirement to retain document or information that is in paper-based form (1) A requirement to retain information that is in paper-based form is met by retaining an electronic form of the information in a 25 permitted document if— (a) the electronic form provides a reliable means of main- taining the integrity of the information; and the information is readily accessible so as to be usable for subsequent reference.
(b) 30 (2) Subsection (1) applies to information that is a public record within the meaning of the Public Records Act 2005 only if the Chief Archivist has approved the retention of that information in electronic form.

265 Part 5 cl 490 Judicature Modernisation Bill (3) To avoid doubt, if information is retained in electronic form in accordance with subsection (1), the paper-based form of that information need not be retained.
Compare: 2002 No 35 s 25 490 Requirement to retain information that is in electronic 5 form A requirement to retain information that is in a permitted docu- ment is met by retaining the information— (a) in paper-based form, if the paper-based form provides a reliable means of maintaining the integrity of the in- 10 formation; or in electronic form, if— (i) the electronic form provides a reliable means of maintaining the integrity of the information; and the information is readily accessible and so as to 15 be usable for subsequent reference.
(ii) (b) Compare: 2002 No 35 s 26 491 Extra conditions for electronic communications In addition to the conditions specified in section 490, if a per- son is required to retain information in a permitted document 20 that consists of or includes an electronic communication,— (a) the person must also retain the details obtained by that person that enable the identification of— (i) (ii) the origin of the electronic communication; and the destination of the electronic communication; 25 and the time when the electronic communication was sent and the time when it was received; and the details referred to in paragraph (a) must be readily accessible and so as to be usable for subsequent refer- 30 ence.
(iii) (b) Compare: 2002 No 35 s 27 492 Requirement to provide or produce information that is in paper-based form A requirement to provide or produce information in paper- 35 based form is met by providing or producing the information 266 Judicature Modernisation Bill Part 5 cl 493 in electronic form, whether by means of an electronic commu- nication or otherwise, if— (a) the form and means of the provision or production of the information reliably maintain the integrity of the in- formation, given the purpose for which, and the circum- 5 stances in which, the information is required to be pro- vided or produced; and the information is readily accessible and so as to be usable for subsequent reference.
(b) Compare: 2002 No 35 s 28(a), (b) 493 Requirement to provide or produce information that is in 10 15 25 electronic form A requirement to provide or produce information that is in a permitted document is met by providing or producing the information— (a) in paper-based form; but, if the integrity of the infor- mation cannot be reliably maintained, the person who must provide or produce the information must— (i) notify every person to whom the information is required to be provided or produced of that fact; 20 and if requested to do so, provide or produce the in- formation in electronic form in accordance with paragraph (b); or (b) in electronic form if— (i) the form and means of the provision or produc- tion of the information reliably maintain the in- tegrity of the information, given the purpose for which, and the circumstances in which, the infor- mation is required to be provided or produced; 30 and the information is readily accessible and so as to be usable for subsequent reference.
(ii) (ii) Compare: 2002 No 35 s 29(a), (b)(i), (ii) 267 Part 5 cl 494 Judicature Modernisation Bill 494 Requirement to provide access to information that is in paper-based form A requirement to provide access to information that is in paper-based form is met by providing access to the informa- tion in a permitted document if the form and means of access 5 to the information reliably maintain the integrity of the infor- mation, given the purpose for which, and the circumstances in which, access to the information is required to be provided.
Compare: 2002 No 35 s 30(a) 495 Requirement to provide access to information that is in 10 electronic form A requirement to provide access to information that is in a per- mitted document is met by providing access to the informa- tion— (a) in paper-based form; but, if the integrity of the infor- 15 mation cannot be reliably maintained, the person who must provide access to the information must— (i) notify every person to whom access is required to be provided of that fact; and if requested to do so, provide access to the in- 20 formation in electronic form in accordance with paragraph (b); or (ii) (b) in electronic form, whether by means of an electronic communication or otherwise, if the form and means of access to the information reliably maintain the integrity 25 of the information, given the purpose for which, and the circumstances in which, access to the information is required to be provided.
Compare: 2002 No 35 s 31(a), (b)(i) 496 Requirement relating to content of information 30 Nothing in this Part affects any requirement in any enactment to the extent that the requirement relates to the content of in- formation.
Compare: 2002 No 35 s 33 268 Judicature Modernisation Bill Part 5 cl 500 497 Copyright in permitted documents The copyright in a work is not infringed by any of the follow- ing acts if they are carried out for the purposes of meeting a paper-based requirement by electronic means in a permitted document: (a) (b) the generation of an electronic form of a document: the production of information by means of an electronic communication.
Compare: 2002 No 35 s 34 Rules regarding transmission of permitted documents 498 Time of dispatch of permitted documents A permitted document is taken to be dispatched at the time the permitted document first enters an information system outside the control of the originator.
Compare: 2002 No 35 s 10(1) 5 10 15 499 Time of receipt of permitted documents A permitted document is taken to be received at the time the permitted document first enters the information system that the addressee has designated for the purpose of receiving the 20 permitted document.
Compare: 2002 No 35 s 11(a) 500 Place of filing (1) Despite section 505(2) or any provision to the contrary in any other enactment, a court or tribunal, or a participant in 25 proceedings before a court or tribunal, may file a permitted document at any place that is specified in regulations made under section 502.

The place for filing may be— (a) centralised or located within the jurisdiction of the rele- 30 vant court or tribunal: physical or electronic.
(b) (2) 269 Part 5 cl 501 Judicature Modernisation Bill Fees and regulations 501 Filing fees payable for permitted documents (1) Despite section 505(2) or any provision to the contrary in any other enactment, a person who files a permitted document with a court or a tribunal must pay— (a) 5 the fee that is prescribed for that document in regula- tions made under section 502; or if a fee is not prescribed for that document in regulations made under section 502, the fee (if any) that would apply under the relevant enactment if the person were 10 to file the document in its paper-based form less any discount prescribed in regulations made under section 502.
(b) (2) A fee that is payable under subsection (1)(a) is inclusive of goods and services tax.

15 (3) Whether a fee that is payable under section (1)(b) is inclu- sive or exclusive of goods and services tax is to be determined under the relevant enactment.
502 Regulations The Governor-General may, by Order in Council, make regu- 20 lations for all or any of the following purposes: (a) prescribing any conditions that a permitted document must meet to be used, provided, or accepted by a court or tribunal, or a participant in proceedings before a court or tribunal: prescribing the form or forms of permitted documents: prescribing any fees for the filing of permitted docu- ments: prescribing any fee discount, which may be expressed as— (i) a specified amount that applies to a specified document; or a percentage that applies to a range of documents: (ii) prescribing the place or places for filing permitted docu- ments: specifying any classes of persons required to use, pro- vide, or accept a permitted document— 25 30 35 (b) (c) (d) (e) (ea) 270 Judicature Modernisation Bill Part 5 cl 504A (i) (ii) (iii) in a specified court or tribunal in which the per- mitted document must be used, provided, or ac- cepted: in a specified jurisdiction of a court or tribunal in which the permitted document must be used, 5 provided, or accepted: in specified circumstances in which the permitted document must be used, provided, or accepted: (f) providing for any other matters that are contemplated by, or necessary for, giving full effect to this Part and 10 its due administration.
Consequential amendments and transitional provisions 503 Amendment to Electronic Identity Verification Act 2012 (1) This section amends the Electronic Identity Verification Act 15 2012.

(2) After section 67(1)(c), insert: “(ca) a court or tribunal specified in an order made under section 475 of the Judicature Modernisation Act 2013:”.

20 504 Amendment to Electronic Transactions Act 2002 (1) (2) This section amends the Electronic Transactions Act 2002.
In the Schedule, Part 1, after the item relating to the Electoral Regulations 1996, insert: “Part 5 of the Judicature Modernisation Act 2013 (2013 25 No 00)”.

This section amends the Resource Management Act 1991.
504A Amendment to Resource Management Act 1991 (1) (2) After section 352(1), insert: “(1A) Nothing in subsection (1) overrides the provisions of Part 5 30 of the Judicature Modernisation Act 2013.” 271 Part 5 cl 505 Judicature Modernisation Bill 505 Transitional provisions (1) If any relevant provision of this Part applies to a court or tri- bunal, it applies to all proceedings commenced in that court or tribunal before, on, or after the application of that provision except— (a) the continuation of a hearing that commenced before the application of that provision; and any appeal from, or review of, a determination made at a hearing of that kind.
(b) 5 (2) Any legislative instrument amending the rules of court that is 10 made after the commencement of this section must be consis- tent with the provisions of this Part.

Compare: 2006 No 69 s 5 Part 6 Amendments to other enactments Subpart 1—Amendments to Arbitration Act 1996 15 506 Principal Act This subpart amends the Arbitration Act 1996 (the principal Act).
20 507 Section 2 amended (Interpretation) In section 2(1), replace the definition of arbitral tribunal with: “arbitral tribunal— “(a) means a sole arbitrator, a panel of arbitrators, or an ar- 25 “(b) bitral institution; and includes any emergency arbitrator appointed under— “(i) the arbitration agreement that the parties have entered into; or the arbitration rules of any institution or organ- 30 isation that the parties have adopted”.
“(ii) 508 New section 6A inserted (Minister of Justice to appoint body to resolve certain matters) After section 6, insert: 272 Judicature Modernisation Bill Part 6 cl 510 “6A Minister of Justice to appoint body to resolve certain matters “(1) The Minister of Justice must must, by notice in the Gazette, appoint a suitably qualified body to resolve the matters speci- fied in article 11(3) to (6) of Schedule 1.
5 “(2) The Minister of Justice may, by notice in the Gazette, revoke any appointment made under subsection (1).” 509 Schedule 1 amended (1) (2) (3) (4) (5) (6) 10 In Schedule 1, article 11(3)(a), replace “the High Court” with “the appointed body”.

In Schedule 1, article 11(3)(b), replace “the High Court” with “the appointed body”.

In Schedule 1, article 11(4), replace “the High Court” with “the appointed body”.

In Schedule 1, article 11(5), replace “the High Court” with “the 15 appointed body”.
In Schedule 1, article 11(5), replace “The court” with “The appointed body”.

In Schedule 1, article 11(6), replace “the High Court” with “the appointed body”.
In Schedule 1, after article 11(6), insert: 20 (7) “(7) A party may apply to the High Court to appoint an arbitrator or arbitrators if— “(a) the appointed body is unable or fails to appoint an arbi- trator under paragraph (3) within 30 days of receiving a 25 request to do so; or a dispute arises in respect of the appointment process that the appointed body uses.
“(b) “(8) In this article, appointed body means a body that the Minister of Justice has appointed under section 6A.” 30 Subpart 2—Amendment to Bills of Exchange Act 1908 510 Principal Act This subpart amends the Bills of Exchange Act 1908 (the principal Act).
35 273 Part 6 cl 511 Judicature Modernisation Bill 511 New section 96A inserted (Actions on other lost instruments) After section 96, insert: “96A Actions on other lost instruments Section 70 applies to a negotiable instrument that is not a bill 5 in the same way as it applies to a bill.

“Compare: 1908 No 89 s 88; 1947 No 16 s 118”.

Subpart 3—Amendment to Building Societies Act 1965 512 Principal Act amended This subpart amends the Building Societies Act 1965 (the principal Act).
513 New section 136A inserted (Jurisdiction of District Court) After section 136, insert: “136A Jurisdiction of District Court 10 15 The District Court has jurisdiction in relation to— “(a) the settlement of disputes between any building society and its members where the amount involved does not exceed $350,000: the recovery of money and enforcement of claims by or 20 against any building society not exceeding in amount or value the sum of $350,000: all other matters arising under this Act not exceeding in amount or value the sum of $350,000.
“(b) “(c) “Compare: 1947 No 16 s 33”.

25 Subpart 4—Amendment to Children, Young Persons, and Their Families Act 1989 514 Principal Act This subpart amends the Children, Young Persons, and Their Families Act 1989 (the principal Act).
30 515 Section 434 amended (Principal Youth Court Judge) After section 434(7), insert: 274 Judicature Modernisation Bill Part 6 cl 518 “(8) The Chief District Court Judge may authorise a Youth Court Judge to act in place of the Principal Youth Court Judge if— the Principal Youth Court Judge is absent for any rea- “(a) son; or the office of the Principal Youth Court Judge is vacant.” 5 “(b) Subpart 5—Amendments to Companies Act 1993 516 Principal Act This subpart amends the Companies Act 1993 (the principal Act).
10 517 Section 2 amended (Interpretation) In section 2(1), insert in its appropriate alphabetical order: “association, in Parts 15 and 16 and in Schedule 10, in- cludes— “(a) a body corporate (other than a company, an overseas 15 company, or a body corporate that may be put into li- quidation under or in accordance with the Act under which it is incorporated or registered); and a partnership; and an unincorporated body of persons”.
20 “(b) “(c) 518 Section 235 amended (Interpretation) (1) (2) (3) In section 235, definition of company, paragraph (c), replace “that may be put into liquidation under section 17A of the Ju- dicature Act 1908” with “:”.

In section 235, definition of company, after paragraph (c), 25 insert: “(d) any other body corporate to which this Part applies under any enactment”.
In section 235, insert in its appropriate alphabetical order: “shareholder or persons entitled to surplus assets includes, 30 in relation to an association, members of the association or persons that the court determines as being justly entitled to surplus assets of the association after the satisfaction of the claims of all of the creditors”.
275 Part 6 cl 519 Judicature Modernisation Bill 519 Section 240 amended (Interpretation) After section 240(1), insert: “(1A) In this Part, company means— “(a) “(b) “(c) “(d) a company within the meaning of section 2: an overseas company to which this Part applies (see 5 section 342): an association (see section 240B): any other body corporate to which this Part applies under any other enactment”.
520 New section 240B inserted (Liquidation of associations) 10 After section 240A, insert: “240B Liquidation of associations An association may be put into liquidation under this Part, and this Part applies to an association, subject to the modifications and exclusions set out in Schedule 10.” 15 521 New Schedule 10 inserted After Schedule 9, insert the Schedule 10 set out in Sched- ule 10 of this Act.
Subpart 6—Amendment to Contractual Remedies Act 1979 522 Principal Act This subpart amends the Contractual Remedies Act 1979 (the principal Act).
523 New section 4A inserted (Stipulations not essence of contracts) After section 4, insert: “4A Stipulations not essence of contracts 20 25 Stipulations in contracts as to time or otherwise that would not, before 13 September 1882 (the date of the coming into force of the Law Amendment Act 1882), have been deemed to be or to 30 have become the essence of such contracts in a court of equity must receive in all courts the same construction and effect as they would have received in equity before that date.
“Compare: 1908 No 89 s 90”.

276 Judicature Modernisation Bill Part 6 cl 527 Subpart 7—Amendment to Copyright Act 1994 524 Principal Act This subpart amends the Copyright Act 1994 (the principal Act).
5 525 New section 222A inserted (Power to award interest) After section 222, insert: “222A Power to award interest “(1) This section applies where the Tribunal makes an order under Part 8 for the payment of an amount of money (including 10 money required to be repaid, or further money required to be paid, in respect of charges already paid).
“(2) The Tribunal’s order may include an award of interest on the whole or part of the money, payable at the rate, not exceeding the interest rate as defined in section 452(2) of the Judica- 15 ture Modernisation Act 2013 (as at the date of the order), and for the period, ending not later than the date that the money is paid, that the Tribunal thinks appropriate as compensation for delay in payment of the money.” Subpart 8—Amendments to Courts (Remote Participation) Act 2010 20 526 Principal Act This subpart amends the Courts (Remote Participation) Act 2010 (the principal Act).
527 Section 8 replaced (Use of audio-visual links in criminal 25 procedural matters) Replace section 8 with: Use of audio-visual links in criminal procedural matters “8 “(1) AVL must be used for the appearance of a participant in a crim- inal procedural matter if AVL is available and the participant 30 is in prison, unless a judicial officer or Registrar determines that the use of AVL is contrary to the interests of justice.
“(1A) AVL must be used for the appearance of a participant in a sentencing matter if AVL is available and the participant is in 277 Part 6 cl 528 Judicature Modernisation Bill prison, unless a judicial officer determines that the use of AVL is contrary to the interests of justice.
“(2) Before making a determination under subsection (1) or (1A), the judicial officer or Registrar (as the case may be) must take into account the criteria specified in sections 5 and 6.” 5 528 Section 13 replaced (Determining place of hearing) Replace section 13 with: “13 Determining place of hearing The place of hearing of any proceeding in which 1 or more of the participants appear by the use of AVL is the place that the 10 relevant judicial officer or Registrar considers appropriate in the circumstances.— “(a) is the place that the relevant judicial officer determines as appropriate in the circumstances; or is, in the case where the participants consent to having 15 a Registrar make the decision, the place that the rele- vant Registrar determines as appropriate in the circum- stances.” “(b) Subpart 9—Amendments to Criminal Procedure Act 2011 20 529 Principal Act This subpart amends the Criminal Procedure Act 2011 (the principal Act).
530 Section 74 amended (Category 4 offences) In section 74(5)(c), after “different”, insert “or an alternative”.
25 531 Section 133 amended (Amendment of charge) After section 133(2), insert: “(3) A Registrar may, in respect of any offence other than a cat- egory 4 offence, exercise the power under subsection (1) if the prosecutor and the defendant consent to the amendment.” 30 532 Section 146 amended (Withdrawal of charge) After section 146(2), insert: 278 Judicature Modernisation Bill Part 6 cl 536 “(3) A Registrar may, in respect of any offence other than a cat- egory 4 offence, exercise the power under subsection (1) if the defendant consents to the prosecutor withdrawing the charge.” 533 New section 362A inserted (Jurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of charges) After section 362, insert: 5 “362A Jurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of charges “(1) A presiding Justice or Community Magistrate (as the case may 10 be) may exercise the power specified in— “(a) section 133 (Amendment of charge) if the prosecutor and the defendant consent to the amendment: section 146 (Withdrawal of charge) if the defendant consents to the prosecutor withdrawing the charge.
“(b) 15 “(2) This section applies to category 1, 2, and 3 offences but not to category 4 offences.

“(3) Nothing in this section applies when a District Court presided over by 1 or more Justices or 1 or more Community Magis- trates is exercising jurisdiction in accordance with section 355 20 or 356.” 534 Section 365 repealed (Contempt of court) Repeal section 365.
Subpart 10—Amendments to Employment Relations Act 2000 25 535 Principal Act This subpart amends the Employment Relations Act 2000 (the principal Act).

536 Section 5 amended (Interpretation) (1) In section 5, definition of Judge, replace “a temporary” with 30 “an acting”.

In section 5, insert in its appropriate alphabetical order: (2) 279 Part 6 cl 537 Judicature Modernisation Bill “lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006”.
537 Section 187 amended (Jurisdiction of court) After section 187(1)(k), insert: “(ka) to hear and determine any application for review of the 5 type referred to in section 237D:”.
538 Section 196 replaced (Contempt of court or Authority) Replace section 196 with: “196 Contempt of court or Authority “(1) This section applies if any person— 10 “(a) wilfully insults a member of the Authority, a Judge, an officer of the Authority, a Registrar of the court, any other officer of the court, or any witness during his or her sitting or attendance in the Authority or the court, or in going to or returning from the Authority or the court; 15 or “(b) wilfully interrupts the proceedings of the Authority or the court or otherwise misbehaves in an investigation meeting or a hearing of the Authority or the court; or “(c) wilfully and without lawful excuse disobeys any order 20 or direction of the Authority or the court in the course of an investigation meeting or the hearing of any pro- ceedings.
If this section applies,— “(a) any constable or officer of the court, with or without 25 the assistance of any other person, may, by order of the Authority or the court, take the person into custody and detain him or her until the rising of the Authority or the court; and the Judge may, if he or she thinks fit, sentence the person 30 to— “(i) imprisonment for a period not exceeding 3 months; or “(ii) a fine not exceeding $5,000 for each offence; and in default of payment of any such fine, the Judge may 35 direct that the offender be imprisoned for any period not exceeding 3 months, unless the fine is sooner paid.
“(b) “(c) “(2) 280 Judicature Modernisation Bill Part 6 cl 540 “(3) Nothing in this section limits or affects any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply.

“Compare: 2011 No 81 s 365”.
539 New section 198A inserted (Registrar may take affidavit) 5 After section 198, insert: “198A Registrar may take affidavit A Registrar may take an affidavit.” 540 Section 200 amended (Appointment of Judges) (1) “(2) A person may only be appointed a Judge only if— Replace section 200(2) with: “(a) “(b) that person has for at least 7 years held a New Zealand practising certificate as a barrister or as a barrister and solicitor; or that person— “(i) holds a degree in law granted or issued by any university within New Zealand; and “(ii) has been admitted as a barrister and solicitor of 10 15 the High Court; and “(iii) has held a practising certificate in a jurisdiction 20 specified by Order in Council— “(A) “(B) for at least 7 years; or for a lesser number of years but when that number of years is added to the number of years the person has held a New Zealand 25 practising certificate the total number of years is at least 7.” Replace section 200(4) with: (2) “(4) The Attorney-General must publish information explaining his or her process for— “(a) seeking expressions of interest for the appointment of Judges of the court; and “(b) nominating persons for appointment as a Judge of the court.
“(5) A Judge must not practise as a lawyer.” 30 35 281 Part 6 cl 541 Judicature Modernisation Bill 541 New sections 200AA and 200AB inserted After section 200, insert: “200AA Judge not to undertake other employment or hold other office “(1) A Judge of the court must not undertake any other paid em- 5 ployment or hold any other office (whether paid or not) with- out the approval of the Chief Justice in consultation with the Chief Judge.
“(2) An approval under subsection (1) may be given only if the Chief Judge is satisfied that undertaking the employment or 10 holding the office is compatible consistent with the Judge’s judicial office.

“(3) However, there is no need to obtain approval under subsection (1) for the appointment of a Judge to another office if an enactment permits or requires a Judge to hold that 15 office.
“(3) However, subsection (1) does not apply to another office if an enactment permits or requires the office to be held by a Judge.

“200AB Protocol relating to activities of Judges “(1) The Chief Justice must develop and publish a protocol con- 20 taining guidance on— “(a) “(b) the employment, or types of employment, that he or she considers may be undertaken consistent with being a Judge; and the offices, or types of offices, that he or she considers may be held consistent with being a Judge.
“(2) The Chief Justice may only develop and publish a proto- col under subsection (1) after consultation with the Chief Judge.” 25 30 542 Section 201 amended (Seniority) In section 201(3), replace “temporary” with “acting”.

543 Section 207 amended (Appointment of temporary Judges) In the heading to section 207, replace “temporary” with “act- (1) ing”.

35 282 Judicature Modernisation Bill Part 6 cl 544 (2) In section 207(1), replace “temporary Judges” with “acting Judges”.
Replace section 207(4) with: (3) “(4) A person may, subject to subsection (2), be appointed as an act- ing Judge under this section if he or she is a current or former 5 Judge of the court or a current or former District Court Judge.” (4) A person holding office as a temporary Judge under section 207 of the principal Act immediately before the commence- ment of this section continues to hold office on the same terms and as if he or she were appointed as an acting Judge under 10 section 207 of that Act.
544 New sections 222A to 222G inserted After section 222, insert: “222A Information regarding reserved judgments “(1) The Chief Judge must, in consultation with the Chief Justice, 15 publish information about— “(a) the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those proceedings; and the number of judgments of the court that he or she 20 considers to be outstanding beyond a reasonable time for delivery; and any other information about reserved judgments that he or she wishes to publish.
“(b) “(c) “(2) The information referred to in subsection (1)(b) must be pub- 25 lished periodically or regularly.

“222B Final written judgments to be published on Internet “(1) Every final written judgment of the court must be published on the Internet as soon as practicable unless there is good reason not to publish the complete judgment.

“(2) A final written judgment may be published on the Internet in part if there are good reasons for not publishing the other parts of the judgment.
“(3) Good reason not to publish a judgment or part of it includes the following: 30 35 283 Part 6 cl 544 Judicature Modernisation Bill “(a) “(c) “(b) non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication: the judgment falls into a category of judgments that are of limited public value: taking into account the presumption in subsection (1) in favour of publication, a Judge nevertheless deter- mines that the judgment or any part of it should not be published because publication or the effect of publica- tion would be contrary to the interests of justice.
In this section, final written judgment means a written deci- sion that determines or substantially determines the outcome of any proceedings and that is either— a written reserved judgment; or “(a) an oral judgment transcribed by an official transcription 15 “(b) service.

10 5 “(4) “222C Recusal guidelines The Chief Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding.
20 “222D Judge may make order restricting commencement or continuation of proceeding “(1) A Judge may make an order (a section 222D order) restrict- ing a person from commencing or continuing civil proceed- ings in the Employment Court.

25 “(2) The order may have— “(a) “(b) a limited effect (a limited order); or an extended effect (an extended order).

“(3) A limited order restrains a party from continuing or commenc- ing civil proceedings on a particular matter in the Employment 30 Court.
“(4) An extended order restrains a party from continuing or com- mencing civil proceedings on a particular or related matter in the Employment Court.

“(5) Nothing in this section limits the court’s inherent power to 35 control its own proceedings.
284 Judicature Modernisation Bill Part 6 cl 544 “222E Grounds for making section 222D order “(1) A Judge may make a limited order if, in more than 1 proceed- ing at least 2 proceedings about the same matter in the court, the Judge considers that 2 or more of the proceedings are or were totally without merit.
5 “(2) A Judge may make an extended order if, in more than 1 pro- ceeding at least 2 proceedings about any matter considered by the court, the Judge considers that 2 or more of the proceed- ings are or were totally without merit.

In determining whether the proceedings are or were totally 10 without merit, the Judge may take into account the nature of any other interlocutory application, appeals, or criminal pros- ecutions involving the party to be restrained, but is not limited to those considerations.
“(3) “(4) The proceedings concerned must be proceedings instituted or 15 conducted by the party to be restrained, whether against the same person or different persons.

“222F Terms of section 222D order “(1) A section 222D order may restrain a party from instituting any civil proceeding (whether generally or against any particu- 20 lar person or persons) of any type specified in the order with- out first obtaining the leave of the court.
“(2) A section 222D order, whether limited or extended, has ef- fect for a period of up to 3 years as specified by the Judge, but the Judge making it may specify a longer period (which must 25 not exceed 5 years) if he or she is satisfied that there are ex- ceptional circumstances justifying the longer period.

“222G Procedure and appeals relating to section 222D orders “(1) A party to any proceeding may apply for a limited order or an extended order.
30 “(2) An application for leave to continue or issue a proceeding by a party subject to an order under a section 222D order may be made without notice, but the court may direct that the ap- plication for leave be served on any specified person.
“(2A) An application for leave must be determined on the papers, 35 unless the Judge considers that an oral hearing should be con- 285 Part 6 cl 545 Judicature Modernisation Bill ducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.

The Judge’s de- termination of the application for leave is final.

“(3) A section 222D order does not prevent or affect the com- mencement of a criminal prosecution in any case.
5 “(4) The party against whom a section 222D order is made may appeal against the order to the Court of Appeal.

“(5) The appellant in an appeal under subsection (4) or the ap- plicant for the section 222D order concerned may, with the leave of the Supreme Court, appeal against the determination 10 of that appeal to the Supreme Court.
“(6) A court determining an appeal under this section has the same powers as the court appealed from has to determine an appli- cation or appeal, as the case may be.” 545 New section 236A inserted (Persons who may support 15 self-represented litigant) After section 236, insert: “236A Persons who may support self-represented litigant “(1) A self-represented litigant is entitled to be supported in court by any person other than a barrister or solicitor of the High 20 Court.
“(2) A Judge may refuse to allow a self-represented litigant to be supported in court by another person only if the Judge consid- ers that it would be contrary to the interests of justice and fair- ness to allow such support.” 25 546 Section 237 amended (Regulations) After section 237(f), insert: “(fa) in relation to a service performed by a Registrar of the court under this Act and specified in regulations made under paragraph (fb), authorising a Registrar of the 30 court to charge a reasonable fee calculated on the actual expense incurred in performing the service: “(fb) specifying the services (other than services for which a fee is already prescribed under this Act) performed by a Registrar of the court under this Act for which that 35 person may charge a fee: 286 Judicature Modernisation Bill Part 6 cl 547 “(fc) making provision in relation to the postponement, under the regulations, of the payment of any fee, which pro- vision may (without limitation) include provision— “(i) for the recovery of the fee after the expiry of the period of postponement; and for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable: “(ii) “(fd) providing for the manner in which an application for the exercise of a power specified in section 237B(1) or 237C(1) is to be made, including, without limitation, requiring the application to be in a form approved for the purpose by the chief executive: “(fe) providing for the refund of fees paid for a review of a decision of a Registrar of the court, if the decision is overturned in its entirety by a Judge:”.
547 New sections 237B to 237D inserted After section 237A, insert: 5 10 15 20 “237B Regulations providing for waiver, etc, of fees “(1) In order to promote access to justice, the Governor-General may, by Order in Council, make regulations authorising a Registrar of the court to waive, reduce, or postpone the pay- ment of a fee required in connection with a proceeding or an 25 intended proceeding, or to refund in whole or in part a fee that has already been paid.
“(2) Regulations made under subsection (1) must provide that a Registrar of the court may only exercise a power under the regulations only if he or she is satisfied on the basis of pre- 30 scribed criteria that— “(a) the person responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or “(b) unless 1 or more of those powers are exercised in re- spect of a proceeding that concerns a matter of genuine 35 public interest, the proceeding is unlikely to be com- menced or continued.
287 Part 6 cl 547 Judicature Modernisation Bill “(3) For the purposes of subsection (2), regulations may prescribe criteria— “(a) “(b) for assessing a person’s ability to pay a fee; and for identifying proceedings that concern matters of gen- uine public interest.

5 “(4) No fee is payable for an application for the exercise of a power specified in subsection (1).
“Compare: 1947 No 16 s 123(1)(ba), (bb), (2) “237C Postponement of fees “(1) The Governor-General may, by Order in Council, make regu- 10 lations authorising a Registrar of the court to postpone the pay- ment of a fee pending the determination of— “(a) an application for the exercise of a power specified in section 237B(1); or an application for review under section 237D.

“(b) 15 “(2) No fee is payable for an application for the exercise of a power specified in subsection (1).
“Compare: 1947 No 16 s 123(1)(bc), (2) “237D Reviews of decisions of Registrars concerning fees “(1) A person who disagrees with a decision of a Registrar of the 20 court under regulations made under section 237B(1) may apply to a Judge for a review of that decision.
“(2) The application must be made within— “(a) “(b) 20 working days after the date on which the applicant is notified of the decision; or any further time that the Judge allows on application, which may be made either before or after the expiry of that period.

“(3) The application may be made informally.


“(4) A review is— “(a) conducted by way of rehearing of the matter in respect of which the Registrar of the court made the decision; and “(b) dealt with on the papers, unless the Judge directs other- wise.

25 30 35 288 Judicature Modernisation Bill Part 6 cl 551 “(5) The Judge may confirm, modify, or reverse the decision of the Registrar of the court.

“(6) No fee is payable on the application.

“Compare: 1947 No 16 s 123A”.


Subpart 11—Amendment to Family Courts Act 1980 5 548 Principal Act This subpart amends the Family Courts Act 1980 (the prin- cipal Act).
549 Section 7 amended (Acting Family Court Judges) 10 Replace section 7(1) with: “(1) The Chief District Court Judge may authorise a Family Court Judge to act in place of the Principal Family Court Judge if— the Principal Family Court Judge is absent for any rea- “(a) son; or the office of the Principal Family Court Judge is va- cant.” “(b) Subpart 12—Amendment to Insolvency Act 2006 550 Principal Act This subpart amends the Insolvency Act 2006 (the principal Act).
551 Section 6 amended (Corporations and other entities not subject to Act) In section 6, insert as subsection (2): “(2) However,— “(a) Part 16 of the Companies Act 1993 applies to the li- quidation of companies, overseas companies, and asso- ciations within the meaning of section 2(1) of that Act; and “(b) other bodies corporate may be put into liquidation under or in accordance with the Acts under which they are incorporated or registered.” 15 20 25 30 289 Part 6 cl 552 Judicature Modernisation Bill Subpart 13—Amendments to Local Government (Rating) Act 2002 552 Principal Act This subpart amends the Local Government (Rating) Act 2002 (the principal Act).
5 553 Section 70 amended (Rating unit may be sold or leased) In section 70, insert as subsection (3):After section 70(2), in- sert: “(3) The Registrar may charge the fee, and require the fee to be paid, before the work required of the Registrar in effecting the 10 sale or lease is begun.” 554 Section 75 amended (Application of proceeds of rating sale or lease) In section 75(a), after “fee”, insert “(unless the fee has already been paid)”.
15 Subpart 14—Amendments to Property Law Act 2007 555 Principal Act This subpart amends the Property Law Act 2007 (the prin- cipal Act).
20 556 New section 27A inserted (Writing required for discharge of debt by acceptance of part in satisfaction) After section 27, insert: “27A Writing required for discharge of debt by acceptance of part in satisfaction 25 “(1) An acknowledgement in writing by a creditor, or by any person authorised by the creditor in writing, of the receipt of a part of the creditor’s debt in satisfaction of the whole debt operates as a discharge of the debt.
“(2) This section applies despite anything to the contrary in any 30 rule of law.

“Compare: 1908 No 89 s 92”.

290 Judicature Modernisation Bill Part 6 cl 557 557 New subpart 5A of Part 2 inserted After section 53, insert: “Subpart 5A—Assignment of securities and rights of creditor to surety who pays debt “53A Interpretation 5 In this subpart, debt and payment of a debt have the same meanings as in section 48.
“53B Surety who pays debt entitled to assignment of all securities held by creditor “(1) Every person (A) who pays the debt of another person (being 10 surety for the debt or liable with another person for the debt) is entitled to have assigned to A, or a trustee for A, every judg- ment, specialty, or other security held by the creditor in respect of the debt.
“(2) Subsection (1) applies whether the judgment, specialty, or 15 other security is or is not deemed at law to be satisfied by the payment of the debt.
“Compare: 1908 No 89 s 84 “53C Rights of surety “(1) Person A is entitled to stand in the place of the creditor, and to 20 use all the remedies, and if need be, and upon a proper indem- nity, to use the name of the creditor in any civil proceedings in order to obtain from the principal debtor or any co-surety, co-contractor, or co-debtor, as the case may be, indemnifica- tion for the advances made and loss sustained by person A in 25 paying the debt.
“(2) The payment by person A may not be pleaded as a defence against any action or other proceeding by person A referred to in subsection (1).

In this section, person A means the person referred to as A in 30 section 53B.
“Compare: 1908 No 89 s 85 “(3) “53D Rights of co-sureties, etc, as between themselves A co-surety, co-contractor, or co-debtor is not entitled to re- cover from any other co-surety, co-contractor, or co-debtor (B) 35 291 Part 6 cl 558 Judicature Modernisation Bill by the means referred to in section 53C more than the propor- tion to which, as between those parties themselves, B is liable.

“Compare: 1908 No 89 s 86”.
558 New sections 74A and 74B inserted After section 74, insert: 5 “74A Recovery of payments made under mistake of law “(1) If relief in respect of any payment that has been made under mistake is sought in any court (whether in civil proceedings or by way of defence, set-off, counterclaim, or otherwise) and that relief could be granted if the mistake were wholly one 10 of fact, that relief must not be denied by reason only that the mistake is one of law, whether or not it is in any degree also one of fact.
“(2) Nothing in this section enables relief to be given in respect of any payment made at a time when the law required, or allowed, 15 or was commonly understood to require or allow, the payment to be made or enforced, by reason only that the law was sub- sequently changed or shown not to have been as it was com- monly understood to have been at the time of the payment.
“Compare: 1908 No 89 s 94A 20 “74B Payments made under mistake of law or fact not always recoverable Relief, whether under section 74A or in equity or otherwise, in respect of any payment made under mistake, whether of law or of fact, must be denied wholly or in part if the person from 25 whom relief is sought received the payment in good faith and has so altered his or her position in reliance on the validity of the payment that in the opinion of the court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case 30 may be.
“Compare: 1908 No 89 s 94B”.

292 Judicature Modernisation Bill Part 6 cl 562 Subpart 15—Amendments to Resource Management Act 1991 559 Principal Act This subpart amends the Resource Management Act 1991 (the principal Act).

5 560 Section 2 amended (Interpretation) In section 2(1), insert in its appropriate alphabetical order: “lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006”.
561 Section 250 amended (Appointment of Environment 10 Judges and alternate Environment Judges) After section 250(4), insert: “(5) The Attorney-General must publish information explaining his or her process for— “(a) seeking expressions of interest for the appointment of 15 Environment Judges and alternate Environment Judges; and “(b) nominating persons for appointment as an Environment Judge or an alternate Environment Judge.
“(6) Environment Judges and alternate Environment Judges must 20 not practise as lawyers.” 562 New sections 250A and 250B inserted After section 250, insert: “250A Judge not to undertake other employment or hold other office 25 “(1) Environment Judges and alternate Environment Judges must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Justice in consultation with the Principal Environment Judge.
“(2) An approval under subsection (1) may only be given only if 30 the Principal Environment Judge is satisfied that undertaking the employment or holding the office is compatible consistent with the Judge’s judicial office.

293 Part 6 cl 563 Judicature Modernisation Bill “(3) However, there is no need to obtain approval under subsection (1) for the appointment of a Judge to another office if an enactment permits or requires a Judge to hold that office.
“(3) However, subsection (1) does not apply to another office if 5 an enactment permits or requires the office to be held by a Judge.
“250B Protocol relating to activities of Judges “(1) The Chief Justice must develop and publish a protocol con- taining guidance on— “(a) the employment, or types of employment, that he or she considers may be undertaken consistent with being an Environment Judge or alternate Environment Judge; and the offices, or types of offices, that he or she consid- 15 ers may be held consistent with being an Environment Judge or alternate Environment Judge.
“(b) 10 “(2) The Chief Justice may only develop and publish a protocol under subsection (1) after consultation with the Principal En- vironment Judge.” 20 563 New section 274A inserted (Persons who may support self-represented litigant) After section 274, insert: “274A Persons who may support self-represented litigant “(1) A self-represented litigant is entitled to be supported in the En- 25 vironment Court by any person other than a barrister or solici- tor of the High Court.
“(2) A Judge of the court may refuse to allow a self-represented litigant to be supported in court by another person only if the Judge considers that it would be contrary to the interests of 30 justice and fairness to allow such support.” 564 Section 282 replaced (Power to commit for contempt) Replace section 282 with: “282 Contempt of court “(1) This section applies if any person— 35 294 “(2) Judicature Modernisation Bill Part 6 cl 565 “(a) wilfully insults an Environment Judge, an alternate Environment Judge, an Environment Commissioner, a Registrar of the court, any other officer of the court, any special adviser to the court, or any witness during his or her sitting or attendance in court, or in going to 5 or returning from the court; or “(b) wilfully interrupts the proceedings of the court or other- wise misbehaves in court; or “(c) wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of 10 any proceedings.
If this section applies,— “(a) any constable or officer of the court, with or without the assistance of any other person, may, by order of a Judge, take the person into custody and detain him or her until 15 the rising of the court; and the Judge may, if he or she thinks fit, sentence the person to— “(i) imprisonment for a period not exceeding 3 months; or a fine not exceeding $1,000 for each offence.
“(ii) “(b) 20 25 30 “(3) Nothing in this section limits or affects any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply.

“Compare: 2011 No 81 s 365”.
565 New sections 288A to 288G inserted After section 288, insert: “288A Information regarding reserved judgments “(1) The Principal Environment Judge must, in consultation with the Chief Justice, publish information about— “(a) the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those proceedings; and the number of judgments of the court that he or she considers to be outstanding beyond a reasonable time 35 for delivery; and any other information about reserved judgments that he or she wishes to publish.
“(b) “(c) 295 Part 6 cl 565 Judicature Modernisation Bill “(2) The information referred to in subsection (1)(b) may must be published periodically or regularly.

“288B Final written judgments to be published on Internet “(1) Every final written judgment of the court must be published on the Internet as soon as practicable unless there is good reason 5 not to publish the complete judgment.
“(2) A final written judgment may be published on the Internet in part if there are good reasons for not publishing the other parts of the judgment.
“(3) Good reason not to publish a judgment or part of it includes 10 the following: “(a) “(c) “(b) non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication: the judgment falls into a category of judgments that are 15 of limited public value: taking into account the presumption in subsection (1) in favour of publication, a Judge nevertheless deter- mines that the judgment or any part of it should not be published because publication or the effect of publica- 20 tion would be contrary to the interests of justice.
In this section, final written judgment means a written deci- sion that determines or substantially determines the outcome of any proceedings and that is either— a written reserved judgment; or “(a) an oral judgment transcribed by an official transcription “(b) service.

25 “(4) “288C Recusal guidelines The Principal Environment Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist 30 Judges to decide if they should recuse themselves from a pro- ceeding.
296 Judicature Modernisation Bill Part 6 cl 565 “288D Judge may make order restricting commencement or continuation of proceeding “(1) An Environment A Judge may make an order (a section 288D order) restricting a person from commencing or continuing civil proceedings in the Environment Court.

5 “(2) The order may have— “(a) “(b) a limited effect (a limited order); or an extended effect (an extended order).
“(3) A limited order restrains a party from continuing or commenc- ing civil proceedings on a particular matter in the Environment 10 Court.

“(4) An extended order restrains a party from continuing or com- mencing civil proceedings on a particular or related matter in the Environment Court.

“(5) Nothing in this section limits the court’s inherent power to 15 control its own proceedings.
“288E Grounds for making section 288D order “(1) An Environment A Judge may make a limited order if, in more than 1 proceeding at least 2 proceedings about the same matter in the court, the Judge considers that 2 or more of the proceed- 20 ings are or were totally without merit.

“(2) A Judge may make an extended order if, in more than 1 pro- ceeding at least 2 proceedings about any matter considered by the court, the Judge considers that 2 or more of the proceed- ings are or were totally without merit.
In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeals, or criminal pros- ecutions involving the party to be restrained, but is not limited to those considerations.

“(3) “(4) The proceedings concerned must be proceedings instituted or conducted by the party to be restrained, whether against the same person or different persons.
25 30 “288F Terms of section 288D order “(1) A section 288D order may restrain a party from instituting 35 any civil proceeding (whether generally or against any particu- 297 Part 6 cl 566 Judicature Modernisation Bill lar person or persons) of any type specified in the order with- out first obtaining the leave of the court.
“(2) A section 288D order, whether limited or extended, has ef- fect for a period of up to 3 years as specified by the Judge, but the Judge making it may specify a longer period (which must 5 not exceed 5 years) if he or she is satisfied that there are ex- ceptional circumstances justifying the longer period.

“288G Procedure and appeals relating to section 288D orders “(1) A party to any proceeding may apply for a limited order or an extended order.
10 “(2) An application for leave to continue or issue a civil proceeding by a party subject to an order under a section 288D order may be made without notice, but the court may direct that the application for leave be served on any specified person.

“(2A) An application for leave must be determined on the papers, 15 unless the Judge considers that an oral hearing should be con- ducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.
The Judge’s de- termination of the application for leave is final.

“(3) A section 288D order does not prevent or affect the com- 20 mencement of a private criminal prosecution in any case.

“(4) The party against whom a section 288D order is made may appeal against the order to the High Court.
“(5) The appellant in an appeal under subsection (4) or the ap- plicant for the section 288D order concerned may, with the 25 leave of the High Court, appeal against the determination of that appeal to the Court of Appeal.
“(6) A court determining an appeal under this section has the same powers as the court appealed from has to determine an appli- cation or appeal, as the case may be.” 30 Subpart 16—Amendments to Te Ture Whenua Maori Act 1993 566 Principal Act This subpart amends Te Ture Whenua Maori Act 1993 (the principal Act).
35 298 Judicature Modernisation Bill Part 6 cl 568 567 Section 4 amended (Interpretation) In section 4, insert in their appropriate alphabetical order: “Chief Justice has the meaning given by section 4 4(1) of the Judicature Modernisation Act 2013 “lawyer has the meaning given by section 6 of the Lawyers 5 and Conveyancers Act 2006”.
568 Section 7 amended (Appointment of Judges) (1) “(3) A person may only be appointed a Judge only if— Replace section 7(3) with: “(a) “(b) that person has for at least 7 years held a New Zealand 10 practising certificate as a barrister or as a barrister and solicitor; or that person— “(i) holds a degree in law granted or issued by any university within New Zealand; and “(ii) has been admitted as a barrister and solicitor of the High Court; and “(iii) has held a practising certificate in a jurisdiction specified by Order in Council— “(A) “(B) for at least 7 years; or for a lesser number of years but when that number of years is added to the number of years the person has held a New Zealand practising certificate the total number of years is at least 7.” Replace section 7(6) and (7) with: (2) “(6) The Attorney-General must publish information explaining his or her process for— “(a) seeking expressions of interest for the appointment of Judges of the court; and “(b) nominating persons for appointment as a Judge of the court.
15 20 25 30 “(7) If the Attorney-General is not for the time being responsible for recommending the appointment of Judges of the court, he or she must publish information explaining the responsible 35 Minister’s process for doing the things referred to subsection (6).
299 Part 6 cl 569 Judicature Modernisation Bill “(8) A Judge must not practise as a lawyer.” 569 New sections 7AA and 7AB inserted After section 7, insert: “7AA Judge not to undertake other employment or hold other office 5 “(1) A Judge of the court must not undertake any other paid em- ployment or hold any other office (whether paid or not) with- out the approval of the Chief Justice in consultation with the Chief Judge.
“(2) An approval under subsection (1) may be given only if the 10 Chief Judge is satisfied that undertaking the employment or holding the office is compatible consistent with the Judge’s judicial office.

“(3) However, there is no need to obtain approval under subsection (1) for the appointment of a Judge to another 15 office if an enactment permits or requires a Judge to hold that office.
“(3) However, subsection (1) does not apply to another office if an enactment permits or requires the office to be held by a Judge.

20 “7AB Protocol relating to activities of Judges “(1) The Chief Justice must develop and publish a protocol con- taining guidance on— “(a) the employment, or types of employment, that he or she considers may be undertaken consistent with being a 25 Judge; and the offices, or types of offices, that he or she considers may be held consistent with being a Judge.
“(2) The Chief Justice may only develop and publish a proto- “(b) col under subsection (1) after consultation with the Chief 30 Judge.” 570 Section 90 replaced (Power to remove for contempt) Replace section 90 with: “90 Contempt of court “(1) This section applies if any person— 35 300 Judicature Modernisation Bill Part 6 cl 571 “(a) wilfully insults a judicial officer, or any Registrar, or any officer of the court, or any juror, or any witness, during his or her sitting or attendance in court, or in going to or returning from the court; or “(b) wilfully interrupts the proceedings of a court or other- 5 wise misbehaves in court; or “(c) wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings.
If this section applies,— “(a) 10 any constable or officer of the court, with or without the assistance of any other person, may, by order of a judicial officer, take the person into custody and detain him or her until the rising of the court; and the judicial officer may, if he or she thinks fit, sentence 15 the person to— “(i) imprisonment for a period not exceeding 3 months; or a fine not exceeding $1,000 for each offence.
“(ii) “(b) “(2) “(3) Nothing in this section limits or affects any power or authority 20 of the court to punish any person for contempt of court in any case to which this section does not apply.

“Compare: 2011 No 81 s 365”.
571 New sections 98A to 98G 98H inserted After section 98, insert: 25 “98A Information regarding reserved judgments “(1) The Chief Judge must, in consultation with the Chief Justice, publish information about— “(a) the process by which parties to proceedings before the court may obtain information about the status of any 30 reserved judgment in those proceedings; and the number of judgments of the court that he or she considers to be outstanding beyond a reasonable time for delivery; and any other information about reserved judgments that he 35 or she wishes to publish.
“(b) “(c) “(2) The information referred to in subsection (1)(b) must be pub- lished periodically.

301 Part 6 cl 571 Judicature Modernisation Bill “98B Final written judgments to be published on Internet “(1) Every final written judgment of the court must be published on the Internet as soon as practicable unless there is good reason not to publish the complete judgment.
“(2) A final written judgment may be published on the Internet in 5 part if there are good reasons for not publishing the other parts of the judgment.
“(3) Good reason not to publish a judgment or part of it includes the following: “(a) “(b) “(c) non-publication is necessary because of a suppression 10 order or statutory requirement that affects publication or continued publication: the judgment falls into a category of judgments that are of limited public value: taking into account the presumption in subsection (1) 15 in favour of publication, a Judge nevertheless deter- mines that the judgment or any part of it should not be published because publication or the effect of publica- tion would be contrary to the interests of justice.
“(4) In this section, final written judgment means a written deci- 20 sion that determines or substantially determines the outcome of any proceedings and that is either— a written reserved judgment; or “(a) an oral judgment transcribed by an official transcription “(b) service.

25 “98C Recusal guidelines The Chief Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding.
“98D Judge may make order restricting commencement or 30 continuation of proceeding “(1) A Judge may make an order (a section 98D order) restricting a person from commencing or continuing civil proceedings in the court.

“(2) The order may have— “(a) a limited effect (a limited order); or 35 302 Judicature Modernisation Bill Part 6 cl 571 “(b) an extended effect (an extended order).

“(3) A limited order restrains a party from continuing or commenc- ing civil proceedings on a particular matter in the court.
“(4) An extended order restrains a party from continuing or com- mencing civil proceedings on a particular or related matter in 5 the court.

“(5) Nothing in this section limits the court’s inherent power to control its own proceedings.

“98E Grounds for making section 98D order “(1) A Judge may make a limited order if, in more than 1 proceed- 10 ing at least 2 proceedings about the same matter in the court, the Judge considers that 2 or more of the proceedings are or were totally without merit.
“(2) A Judge may make an extended order if, in more than 1 pro- “(3) ceeding at least 2 proceedings about any matter considered by 15 the court, the Judge considers that 2 or more of the proceed- ings are or were totally without merit.
In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeals, or criminal pros- 20 ecutions or appeal involving the party to be restrained, but is not limited to those considerations.

“(4) The proceedings concerned must be proceedings instituted or conducted by the party to be restrained, whether against the same person or different persons.
25 “98F Terms of section 98D order “(1) A section 98D order may restrain a party from instituting any civil proceeding (whether generally or against any particular person or persons) of any type specified in the order without first obtaining the leave of the court.
“(2) A section 98D order, whether limited or extended, has effect for a period of up to 3 years as specified by the Judge, but the Judge making it may specify a longer period (which must not exceed 5 years) if he or she is satisfied that there are excep- tional circumstances justifying the longer period.

30 35 303 Part 6 cl 572 Judicature Modernisation Bill “98G Procedure and appeals relating to section 98D orders “(1) A party to any proceeding may apply for a limited order or an extended order.
“(2) An application for leave to continue or issue a proceeding by a party subject to an order under a section 98D order may be 5 made without notice, but the court may direct that the applica- tion for leave be served on any specified person.

“(2A) An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be con- ducted because there are exceptional circumstances and it is 10 appropriate to do so in the interests of justice.
The Judge’s de- termination of the application for leave is final.

“(3) A section 98D order does not prevent or affect the com- mencement of a private criminal prosecution in any case.

“(4) The party against whom a section 98D order is made may 15 appeal against the order to the High Court Maori Appellate Court.
“(5) The appellant in an appeal under subsection (4) or the appli- cant for the section 98D order concerned may, with the leave of the High Court Maori Appellate Court, appeal against the 20 determination of that appeal to the Court of Appeal.

“(6) A court determining an appeal under this section has the same powers as the court appealed from has to determine an appli- cation or appeal, as the case may be.
“98H References to Judge in sections 98D to 98G The functions and powers of a Judge under sections 98D to 98G are exercisable by individual Judges of the Maori Land Court, and are exercisable also by the Judges acting as the Maori Appellate Court as if references in those sections to a Judge were references to the Judges acting as that court.” 25 30 Subpart 17—Amendments to Trans-Tasman Proceedings Act 2010 572 Principal Act This subpart amends the Trans-Tasman Proceedings Act 2010 (the principal Act).
35 304 Judicature Modernisation Bill Part 6 cl 577 573 Section 3 amended (Purpose of, and guides to, this Act) After section 3(6), insert: “(7) Part 3 of this Act, which stands apart from Parts 1 and 2, sets out special provisions applying to certain proceedings in the High Court of New Zealand and the Federal Court of Aus- 5 tralia.” 574 Section 4 amended (Interpretation) (1) (2) In section 4(1), replace “In this Act” with “In Parts 1 and 2”.
In section 4(1), definition of procedural rules, replace “this Act or any regulations made under it” with “Parts 1 and 2 or 10 any regulations made under those Parts”.

In section 4(2), replace “this Act” with “Parts 1 and 2”.

(3) 575 Section 6 repealed (Trans-Tasman market proceedings provisions not affected) Repeal section 6.
576 Section 53 amended (When registrable Australian judgments are enforceable in New Zealand) In section 53(2)(a), replace “section 56 of the Judicature Act 1908” with “section 170 of the Judicature Modernisation Act 2013”.

577 New Part 3 inserted After section 78, insert: “Part 3 “Special provisions applying to certain proceedings in High Court of New Zealand and Federal Court of Australia “79 Part not limited by Part 1 or 2 This Part is not limited or affected by Part 1 or 2.
15 20 25 305 Part 6 cl 577 Judicature Modernisation Bill “80 Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part Nothing in the Courts (Remote Participation) Act 2010 applies to any remote appearance in accordance with this Part.
“Compare: 2010 No 108 s 36 5 “81 Interpretation In this Part, unless the context otherwise requires,— “Australian proceeding— “(a) means a proceeding in which a matter for determination arises, whether or not any other matter arises for deter- 10 mination, under— “(i) any of sections 46A, 155A, and 155B of the Competition and Consumer Act 2010 (Aust); or a provision of Part VI or XII of the Competition and Consumer Act 2010 (Aust) in so far as it 15 relates to any of sections 46A, 155A, and 155B of that Act; and “(ii) “(b) includes an interlocutory proceeding related to such a proceeding and an application for the issue of execution or enforcement of a judgment, an order, or an injunction 20 given, made, or granted in such a proceeding “Federal Court means the Federal Court of Australia “New Zealand proceeding— “(a) means a proceeding in which a matter for determination arises, whether or not any other matter arises for deter- 25 mination, under— “(i) any of sections 36A, 98H, and 99A of the Com- merce Act 1986; or a provision of Part 6 or 7 of the Commerce Act 1986 in so far as the provision relates to any of 30 sections 36A, 98H, and 99A of that Act; and “(ii) “(b) includes an interlocutory proceeding related to such a proceeding and an application for the issue of execution or enforcement of a judgment, an order, or an injunction given, made, or granted in such a proceeding.
35 “Compare: 1908 No 89 s 56D 306 Judicature Modernisation Bill Part 6 cl 577 “82 High Court may order New Zealand proceedings to be heard in Australia “(1) The High Court may, if it is satisfied that a New Zealand pro- ceeding could more conveniently or fairly be tried or heard by the High Court in Australia or that the evidence in a New 5 Zealand proceeding could more conveniently be given in Aus- tralia, as the case may be, order that the proceeding be tried or heard in Australia, or that the evidence be taken in Australia, and may sit in Australia for that purpose.
“(2) The order must specify— 10 “(a) “(b) “(c) the place in Australia where the proceeding will be tried or heard or the evidence taken, as the case may be: the date or dates of the trial or hearing or on which the evidence will be taken, as the case may be: any other matters relating to the trial or the hearing or 15 the taking of the evidence, as the case may be, as the court thinks fit.
“(3) Without limiting the powers of the High Court in relation to the proceeding, the High Court may give judgment in, or make any determination for the purposes of, a New Zealand proceeding 20 in Australia.
“Compare: 1908 No 89 s 56E “83 Australian counsel entitled to practise in High Court “(b) A person who is entitled to practise as a barrister or solicitor, or both, in the Federal Court is entitled to practise as a barrister 25 or solicitor, or both, in relation to— “(a) a New Zealand proceeding before the High Court sitting in Australia: the examination, cross-examination, or re-examination of a witness in Australia whose evidence is being taken 30 by audio link or audiovisual link in a New Zealand pro- ceeding before the High Court in New Zealand: the making of submissions by audio link or audiovisual link to the High Court in New Zealand in a New Zealand proceeding.
“Compare: 1908 No 89 s 56F “(c) 35 307 Part 6 cl 577 Judicature Modernisation Bill “84 High Court may set aside subpoena issued in New Zealand proceeding “(1) On application, the High Court may set aside an order of sub- poena issued by the High Court requiring the attendance of a person in Australia to give evidence or to produce documents 5 to the High Court for the purposes of a New Zealand proceed- ing.
“(2) An application under subsection (1) must be made by the person served with the order of subpoena and may be made ex parte.
10 “(3) Without limiting the grounds on which the order of subpoena may be set aside, the High Court may set the order aside on any of the following grounds: “(a) “(b) “(c) “(d) “(e) “(f) “(g) 15 that the witness does not have, and cannot reasonably be expected to obtain, the necessary travel documents: that the witness is liable to be detained for the purpose of serving a sentence: that the witness is liable to prosecution for an offence: that the witness is liable to the imposition of a penalty in civil proceedings, not being proceedings for a pecuniary 20 penalty under section 80 or 83 of the Commerce Act 1986: that the evidence of the witness can be obtained without significantly greater expense by other means: that compliance with the order of subpoena would cause 25 hardship or serious inconvenience to the witness: in the case of an order of subpoena that requires a wit- ness to produce documents, whether or not it also re- quires the witness to give evidence, that the court is satisfied that the documents should not be taken out of 30 Australia and that evidence of the contents of the docu- ments can be given by other means.
“(4) Every application to set aside an order of subpoena under sub- section (1) must be made by affidavit.

“(5) The affidavit must— 35 “(a) “(b) “(c) be sworn by the applicant; and set out the facts on which the applicant relies; and be filed in the office of the court that issued the order of subpoena.
308 Judicature Modernisation Bill Part 6 cl 577 “(6) The Registrar of the court must ensure that a copy of the affi- davit is served on the solicitor on the record for the party to the proceedings who obtained the order of subpoena, or, if there is no solicitor on the record, on that party.
“Compare: 1908 No 89 s 56G “85 Injunctions and orders in New Zealand proceedings Despite any rule of law, the High Court may, in a New Zealand proceeding, make an order or grant an injunction that the court is empowered to make or grant that requires a person to do an act, or refrain from engaging in conduct, in Australia.
“Compare: 1908 No 89 s 56H 5 10 Issue of subpoenas in New Zealand proceedings “86 “(1) An order of subpoena may, with the leave of a Judge, be ob- tained in a New Zealand proceeding to require a person in Aus- tralia to give evidence, or to produce documents or things, or 15 both, to the High Court at a sitting of that court in New Zealand or in Australia.
“(2) An order of subpoena, issued for the purposes of a New Zealand proceeding, that requires a witness in Australia to produce documents or things, but does not require the witness 20 to give evidence, must permit the witness to comply with the order of subpoena by producing the documents or things to a specified registry of the Federal Court.
“Compare: 1908 No 89 s 56I “87 Powers of Federal Court of Australia “(1) The Federal Court of Australia may exercise all the powers of 25 that court— “(a) “(b) at a sitting of that court in New Zealand held for the purposes of an Australian proceeding: at a sitting of that court in Australia held for the pur- 30 poses of an Australian proceeding at which the evidence of a witness in New Zealand is taken by audio link or au- diovisual link or at which submissions are made in New Zealand by a barrister or solicitor, or both, or by a party to the proceedings by audio link or audiovisual link.
35 309 Part 6 cl 577 Judicature Modernisation Bill “(2) Without limiting subsection (1), the Federal Court of Aus- tralia Act 1976 (Aust) and the rules of court made under that Act that are applicable in relation to Australian proceedings generally apply to the practice and procedure of the Federal Court at any sitting of that court of the kind referred to in that 5 subsection.
“(3) Without limiting subsection (1), the Federal Court may, at any such sitting of the court in New Zealand or in Australia, by order— “(a) direct that the hearing or any part of the hearing be held 10 in private: require any person to leave the court: prohibit or restrict the publication of evidence or the name of any party or any witness.
“(b) “(c) “(4) Nothing in subsection (1) or (2) applies in relation to— 15 “(a) “(b) “(c) the power of the court to punish any person for con- tempt; or the prosecution of any person for an offence committed as a witness; or the enforcement or execution of any judgment, order, 20 injunction, writ, or declaration given, made, or granted by the court.
“(5) An order made under subsection (3) may be enforced by a Judge of the High Court who, for that purpose, has and may exercise the powers, including the power to punish for con- 25 tempt, that would be available to enforce the order if it had been made by that Judge.
“Compare: 1908 No 89 s 56J Issue of subpoenas in Australian proceedings “88 “(1) An order of subpoena, issued by the Federal Court with the 30 leave of a Judge of that court, requiring the attendance of a per- son in New Zealand to give evidence or to produce documents for the purposes of an Australian proceeding may be served on that person in New Zealand by leaving a sealed copy of the subpoena with that person personally, together with a state- 35 ment setting out the rights and obligations of that person, in- cluding information as to the manner in which an application may be made to that court to have the subpoena set aside.
310 Judicature Modernisation Bill Part 6 cl 577 “(2) A person who has been served with an order of subpoena under subsection (1) may not be compelled to comply with the order unless, at the time of service of the order or at some other reasonable time before the hearing, allowances and travelling expenses or vouchers sufficient to enable that person to comply 5 with the order are tendered or paid to that person.
“Compare: 1908 No 89 s 56K “89 Failure of witness to comply with subpoena issued in Australian proceeding “(1) The court may, on receiving a certificate under the seal of the 10 Federal Court stating that a person named in the certificate has failed to comply with an order of subpoena requiring that person to attend as a witness for the purposes of an Australian proceeding, issue a warrant requiring any constable to arrest that person and bring that person before the court.
15 “(2) The court may, on the appearance of that person before the court, impose a fine not exceeding $1,000, unless the court is satisfied that the failure to comply with the order of subpoena, the onus of proof of which lies with that person, should be excused.
In determining whether the failure to comply with the order of subpoena should be excused, the High Court may have regard to— “(a) any matters that were not brought to the attention of the Federal Court if the High Court is satisfied that— “(i) “(3) 20 25 “(ii) the Federal Court would have been likely to have set aside the order of subpoena if those matters had been brought to the attention of that court; and the failure to bring those matters to the attention 30 of the Federal Court was not because of any fault on the part of the person alleged to have failed to comply with the order of subpoena or was be- cause of an omission by that person that should be excused; and 35 “(b) any matters to which the High Court would have regard if the order of subpoena had been issued by the High Court.
311 Part 6 cl 577 Judicature Modernisation Bill “(4) For the purposes of this section, but subject to subsection (3), a certificate under the seal of the Federal Court is conclusive evidence of the matters stated in it if the certificate states— “(a) “(b) that the order of subpoena was issued by that court: that the witness failed to comply with the order of sub- 5 poena: the decision of that court, or any orders or findings of fact made by that court, in relation to any application made to that court to have the order of subpoena set aside.
“(c) 10 “(5) Subject to subsection (3), no findings of fact made by the Federal Court on an application to that court to have the order of subpoena set aside may be challenged by any person alleged to have failed to comply with the order unless the court was deliberately misled in making those findings of fact.
“Compare: 1908 No 89 s 56L 15 “90 Federal Court of Australia may administer oaths in New Zealand “(1) The Federal Court may administer an oath or affirmation in accordance with the practice and procedure of that court— 20 at any sitting of that court in New Zealand held for the “(a) purposes of an Australian proceeding; or for the purposes of obtaining the evidence of a person in New Zealand by audio link or audiovisual link at a sitting of that court in Australia.
“(b) 25 “(2) Evidence given by a person on oath or affirmation adminis- tered by the Federal Court under subsection (1), for the pur- poses of section 108 of the Crimes Act 1961 (which relates to perjury), is to be deemed to have been given as evidence in a judicial proceeding on oath.
“Compare: 1908 No 89 s 56M 30 “91 Orders made by Federal Court of Australia not subject to review No application for review under the Part 3 of the Judicature Modernisation Act 2013 and no application for an order of 35 mandamus, prohibition, or certiorari or for a declaration or injunction may be brought in respect of any judgment, order, 312 Judicature Modernisation Bill Part 6 cl 577 or determination of the Federal Court made or given at a sitting of that court in New Zealand in an Australian proceeding.
“Compare: 1908 No 89 s 56N “92 Contempt of Federal Court of Australia “(1) Every person commits an offence who, at any sitting of the 5 Federal Court in New Zealand,— “(a) assaults, threatens, intimidates, or wilfully insults— “(i) “(ii) “(iii) a person appearing as a barrister or solicitor, or 10 a Judge of that court; or a Registrar or an officer of that court; or both, before that court; or “(iv) a witness in proceedings before that court; or “(b) wilfully interrupts or obstructs the proceedings; or “(c) wilfully and without lawful excuse disobeys any order or direction of the court in the course of the proceedings.
15 “(2) Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000.

“Compare: 1908 No 89 s 56O “93 Arrangements to facilitate sittings “(1) The Chief Justice of New Zealand may make arrangements with the Chief Justice of the Federal Court for the purposes of giving effect to this Part.
limiting subsection (1), arrangements may be 20 25 “(2) Without made— “(a) to enable the High Court to sit in Australia in New Zealand proceedings in the courtrooms of the Federal Court or in other places in Australia: to enable the Federal Court to sit in New Zealand in Australian proceedings in the courtrooms of the High 30 Court or in other places in New Zealand: to enable evidence to be given and submissions of coun- sel to be made in New Zealand proceedings or in Aus- tralian proceedings by audio link or audiovisual link: “(b) “(c) 313 Part 6 cl 577 Judicature Modernisation Bill “(d) for the provision of registry facilities and court staff for the purposes of a New Zealand proceeding or an Australian proceeding.
“Compare: 1908 No 89 s 56P “94 Privileges and immunities of Judges, counsel, and 5 witnesses in Australian proceedings “(1) A Judge of the Federal Court sitting as a Judge of that court in New Zealand in an Australian proceeding has all the protec- tions, privileges, and immunities of a Judge of the High Court.
“(2) A witness has all the privileges and immunities of a witness 10 in the High Court when the witness gives evidence in an Aus- tralian proceeding— “(a) “(b) by audio link or audiovisual link at a sitting in Australia at a sitting in New Zealand of the Federal Court; or of the Federal Court.
15 “(3) A person has all the privileges and immunities of counsel in the High Court when appearing as a barrister or solicitor, or both, in an Australian proceeding— “(a) at a sitting in New Zealand of the Federal Court; or “(b) by audio link or audiovisual link at a sitting in Australia 20 of the Federal Court.
“(4) A person has all the privileges and immunities of a party in the High Court when appearing as a party in an Australian proceeding— “(a) “(b) by audio link or audiovisual link at a sitting in Australia at a sitting in New Zealand of the Federal Court; or 25 of the Federal Court.
“Compare: 1908 No 89 s 56Q “95 High Court may take evidence at request of Federal Court “(1) The High Court may, at the request of the Federal Court, take 30 evidence in New Zealand for the Federal Court for the pur- poses of an Australian proceeding and may, by order, make any provision it considers appropriate for the purpose of tak- ing that evidence.

“(2) An order may require a specified person to take such steps as 35 the High Court considers appropriate for taking the evidence.
314 Judicature Modernisation Bill Part 6 cl 577 “(3) Without limiting subsections (1) and (2), an order may, in particular, make provision for— “(a) the examination of witnesses, either orally or in writing; or the production of documents or things; or the inspection, photographing, preservation, custody, or detention of any property; or the taking of samples of property and carrying out ex- periments on or with property.
5 “(b) “(c) “(d) “(4) The High Court may make an order requiring a person to 10 give evidence either orally or by tendering a written document otherwise than on oath or affirmation if the Federal Court re- quests it to do so.
“(5) A person who has been served with an order made under this section may not be compelled to comply with the order unless, 15 at the time of service of the order or at some other reasonable time before that person is required to comply with the order, allowances and travelling expenses or vouchers sufficient to enable that person to comply with the order are tendered or paid to that person.
20 “(6) A person may not be compelled to give evidence pursuant to an order under this section that he or she is not compelled to give in the Australian proceeding to which the request relates.

“Compare: 1908 No 89 s 56R “96 Power to make rules for purposes of this Part “(1) Rules may be made under section 145 of the Judicature Modernisation Act 2013 for, or in relation to, Australian proceedings and New Zealand proceedings.
“(2) Without limiting subsection (1), rules may be made that make provision for, or in relation to,— “(a) the giving of evidence and the making of submissions in New Zealand proceedings by audio link or audiovisual link: receiving, for the purposes of subpart 8 of Part 3 of the Evidence Act 2006, facsimiles as evidence of docu- 35 ments or things: “(b) 25 30 315 Part 6 cl 578 Judicature Modernisation Bill “(c) “(d) “(e) “(f) “(g) “(h) “(i) “(j) “(k) “(l) the issuing of subpoenas for service in Australia for the purposes of New Zealand proceedings and the service of those subpoenas: the payment to witnesses required to comply with orders of subpoena served in Australia for the purposes 5 of New Zealand proceedings of amounts in respect of expenses and loss of income occasioned by compliance with those orders: the lodging of documents or things with the Federal Court in compliance with orders of subpoena issued in 10 New Zealand proceedings that require only the produc- tion of documents or things by witnesses: the transmission to the Federal Court of documents (or certified copies of those documents) or things lodged with the High Court in Australian proceedings in com- 15 pliance with orders of subpoena issued by the Federal Court: the hearing of applications to set aside orders of sub- poena under section 84: sittings of the High Court in Australia: giving effect to arrangements made under section 93: the form of certification of judgments, orders, and in- junctions in New Zealand proceedings: the taking of evidence under section 95: any other matters as are contemplated by or necessary 25 for giving effect to this Part.
20 “Compare: 1908 No 89 s 56S “97 Transitional provision for certain proceedings commenced before commencement of this Part “(1) This section applies to any proceeding commenced, but not yet 30 determined, under Part 1A of the Judicature Act 1908 before the commencement of this section.

If this section applies, the proceeding must be treated as if it had been commenced under this Part.” “(2) 578 Consequential amendment to Evidence Act 2006 This section amends the Evidence Act 2006.
(1) 35 316 Judicature Modernisation Bill Part 6 cl 581 (2) In section 153, replace “Part 1A of the Judicature Act 1908” with “Part 3 of the Trans-Tasman Proceedings Act 2010”.

579 Consequential amendment to Judicature Act 1908 This section amends the Judicature Act 1908.

(1) Repeal Part 1A.

(2) 5 580 Consequential amendments for Part 6 The enactments specified in Schedule 11 are amended in the manner set out in that schedule.
581 Transitional provision for Part 6 The transitional provisions set out in Schedule 12 have effect 10 for the purposes of Part 6.
317 Schedule 1 Judicature Modernisation Bill Schedule 1 High Court Rules Contents Part 1 Rules of general application Subpart 1—Objective and interpretation 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 Title Objective Interpretation Subpart 2—Application and compliance Application Non-compliance with rules Cases not provided for Oral applications for relief Consent instead of leave of court Amendment of defects and errors Security Subpart 3—Use of Māori language, translations, and sign language Speaking in Māori Translation of documents into te reo Māori Failure to give notice Translation may be ordered by court Affidavit in language other than English Sign language Subpart 4—Time Calculating periods of time 1.17 1.18 When time expires when court registry is closed 1.19 Extending and shortening time Subpart 5—Lawyers’ obligations 1.20 Lawyers’ duties 1.21 Variation of forms Subpart 6—Forms Subpart 7—International co-operation 1.22 Communication with foreign court 318 s 4 Page 357 357 357 361 362 363 363 364 364 365 365 366 368 368 369 369 370 370 371 371 372 372 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 2 Jurisdiction and powers of Associate Judges and Registrars Subpart 1—Associate Judges 2.1 2.2 2.5 2.6 2.7 2.8 2.9 2.10 2.11 Jurisdiction and powers Interim order on transfer of proceeding Subpart 2—Registrars Registrars’ jurisdiction and powers relating to interlocutory applications Additional jurisdiction for certain Registrars Limits on jurisdiction
 Powers ancillary to jurisdiction Jurisdiction in other registries Form of order Review of Registrar’s decision Part 3 Court administration Subpart 1—Registry hours and court holidays Registry hours Court holidays Sitting on court holidays 3.1 3.2 3.3 3.3A Vacations 3.4 Epidemics and emergencies Subpart 2—Access to court documents 3.5 3.6 3.7 Interpretation Application General right of access to formal court record and certain applications under Administration Act 1969 Right of parties to access court file or
 documents Access to documents during substantive hearing stage 3.8 3.9 3.10 Meaning of relevant deadline in rule 3.9 3.11 3.12 3.13 Access to court files, documents, and formal court record in other cases Restrictions on access Applications for permission to access documents, court file, or formal court record other than at hearing stage Decisions on applications under rule 3.13 3.14 3.15 Review of decisions by Registrar 3.16 Matters to be taken into account 373 373 373 374 374 375 375 375 376 377 377 378 378 378 379 380 380 380 381 382 383 383 384 385 386 386 319 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Subpart 3—Investment of funds in court 3.17 3.18 3.19 Application for order Powers of court in relation to application Disposal of securities and income Part 4 Parties Subpart 1—Limit on parties 4.1 Limit on parties 4.2 Plaintiffs 4.3 Defendants Subpart 2—Plaintiffs Subpart 3—Defendants Subpart 4—Third, fourth, and subsequent parties Third parties Fourth parties Subsequent parties Status of third, fourth, and subsequent parties Court’s power and discretion Application of third party notice rules to fourth and subsequent party notices Requirements of third party notice Filing of third party notice Service on third party Service on plaintiff Filing and service of statement of defence Service of application for leave Setting aside third party notice Default in filing statement of defence Subpart 5—Claims between defendants Right to give
 notice Statement of claim to be filed and served Statement of defence Form of notice Effect of omission to give notice 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 Subpart 6—Impact of certain capacities 4.23 Trustees, executors, and administrators 320 386 387 387 388 388 389 390 391 391 391 392 392 392 393 393 393 394 394 395 395 396 396 396 397 397 397 Judicature Modernisation Bill Schedule 1 High Court Rules—continued 4.24 4.25 4.26 4.27 4.28 4.29 4.30 Persons
 having same interest Partners Person trading as firm Representation by other persons Relators Subpart 7—Incapacitated persons Incapacitated person, litigation guardian, and minor defined Incapacitated person must be represented by litigation guardian 4.31 Minor must be represented by litigation guardian 4.32 Minor may apply to conduct proceeding without litigation 4.33 4.34 4.35 4.36 4.37 4.38 4.39 4.40 4.41 4.42 4.43 4.44 4.45 4.46 4.47 4.48 guardian Application of rules 4.34 to 4.46 to minors Court may set aside step in proceeding Appointment of litigation guardian Application to be served on person for whom litigation guardian is to be appointed Notification of appointment Powers of litigation guardian Heading on documents when incapacitated person is represented Service of documents Representation to be disregarded in making award of costs Award of costs enforceable against incapacitated person or litigation guardian Liability of former litigation guardian for costs subsequently awarded against incapacitated person Compliance with liability order Litigation guardian may be reimbursed for costs out of property of incapacitated person Retirement, removal, or death of litigation guardian Procedure when person ceases to be incapacitated person Procedure when minor attains full age Subpart 8—Change of parties by death, bankruptcy, or devolution 4.49 4.50 4.51 Proceeding not to come to end Procedure on death, bankruptcy, and devolution Devolution when proceeding pending
 398 398 398 399 400 400 401 401 402 402 403 403 404 404 405 405 405 406 406 406 407 407 408 408 409 409 410 410 321 Schedule 1 Judicature Modernisation Bill High Court Rules—continued 4.52 4.53 New parties order Discharge or variation of new parties order Subpart 9—Adjusting parties 4.54 4.55 4.56 4.57 4.58 4.59 4.60 4.61 4.62 4.63 4.64 Change of name Parties wrongly joined Striking out and adding parties Subpart 10—Interpleader Interpretation Right to interplead Form of application Affidavit in support
 Time for applying Claimants to file affidavits Powers of court Costs of applicant Part 5 Commencement of proceedings and filing of documents Subpart 1—Proper registry of court 5.1 Identification of proper registry Subpart 2—Formal requirements for documents Non-complying documents Paper Contents to be typed, etc Margin Signature to be original Cover sheet, numbering, and fastening of document Description of document Heading generally Format of cover sheet Subpart 3—Heading of court documents Heading on statement of claim and counterclaim Heading on judgment and certain orders Heading on other documents Division into paragraphs Numbers Information at foot of cover sheet Judicature Modernisation Bill Schedule 1 High Court Rules—continued Subpart 4—Pleadings generally 5.17 5.18 5.19 5.20 5.21 Distinct matters to be stated separately Denial of representative character Denial of contract Effect of document to be stated Notice requiring further particulars or more explicit pleading Subpart 5—Notice of proceeding 5.22 Notice of proceeding to be filed with statement of claim Requirements as to notice of proceeding 5.23 5.24 When not necessary to file notice of proceeding Subpart 6—Statement of claim Proceeding commenced by filing statement of claim Statement of claim to show nature of claim
 Statement of claim to specify relief sought Inclusion of several causes of action Joint plaintiffs Joining claims by or against spouses or partners Specifying relief sought Amount of money claim Special damages Set-off Representative capacity of party 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 Subpart 7—Authority of solicitors to act Authority to file documents 5.36 5.36A Authority of certain Australian solicitors in certain trans-Tasman proceedings Solicitor’s warranty as to authorisation to file
 documents 5.37 Solicitor on record 5.38 Authority to sign documents 5.39 5.40 Change of representation or address for service 5.41 Withdrawal of solicitor who has ceased to act for party Address for service of party whose solicitor has ceased 5.42 to act Solicitors to inform clients of orders or directions 5.43 Subpart 8—Memorandum on first document 5.44 Memorandum at end of first document filed by party Schedule 1 Judicature Modernisation Bill High Court Rules—continued Subpart 9—Security for costs 5.45 5.46 Order for security of costs Solicitor not to be surety Subpart 10—Statement of defence and appearance 5.47 5.48 5.49 5.50 5.51 5.52 5.53 5.54 5.55 5.56 5.57 5.58 5.59 5.60 5.61 Filing and service of statement of defence Requirements of statement of defence Appearance and objection to jurisdiction Appearance for ancillary purposes Appearance reserving rights Forms Subpart 11—Counterclaims Counterclaim against plaintiff only Heading of counterclaim Filing and service Defence to counterclaim Counterclaim against plaintiff and another person Place of trial of counterclaim Status of counterclaim if proceeding stayed Counterclaim by counterclaim defendant Restriction when the Crown involved Subpart 12—Reply 5.62 5.63 Duty to file and serve reply Contents of reply Subpart 13—Proceedings and actions transferred from District Court Application of
 rules Documents to be filed in proper registry On filing treated as proceeding Title of documents Time for filing statement of defence Transfer under section 273 of Judicature Modernisation Act 2013 Subpart 14—Service of statement of claim and notice of proceeding Service generally Personal service required Prompt service required Judicature
448 448 449 449 449 449 450 451 451 Judicature Modernisation Bill Schedule 1 High Court Rules—continued 5.73 Extension of time for service 5.73A Notice of service to Registrar Subpart 15—Registration of users for e-filing purposes 5.74 5.75 5.76 5.77 5.78 5.79 5.80 5.81 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 Interpretation Registration procedure Effect of registration Renewal of registration Subpart 16—E-filing documents Requirements for e-filing Provisional filing Acceptance of provisionally filed documents Affidavits and formal undertakings Part 6 Service Subpart 1—Methods and proof of service Methods of service Service of copies Notices Personal service on spouses or partners Service at address for service Service by means of post office box, document exchange, fax, or email Service under agreement Substituted service Notices to be given by Registrar Proof of service Personal service Subpart 2—Corporations, partners, attorneys, and agents Personal service on New Zealand corporations 6.12 6.13 Personal service in New Zealand on foreign corporations 6.13A Personal service on Australian corporations, partnerships, and attorneys 6.13B Personal service in Australia on foreign corporations Personal service on unincorporated societies 6.14 Personal service on partnership or apparent partnership 6.15 Personal service on attorney or agent of absentee 6.16 Service on representatives 6.17 Service on solicitor 6.18 451 452 452 452 453 454 454 455 455 456 457 458 458 458 458 459 461 461 462 462 463 463 464 464 465
 466 466 467 467 468 325 Schedule 1 Judicature Modernisation Bill High Court Rules—continued 6.19 6.20 Service of statement of claim on certain days void Failure to give address for service Subpart 3—Foreign process Service of foreign process Sheriff to effect service 6.21 6.22 6.23 Method of service 6.24 6.25 6.26 Return as to service Certification Sealing and transmission of certificate Subpart 4—Service out of New Zealand 6.27 When allowed without leave 6.28 When allowed with leave 6.29 6.30 6.31 6.32
 6.33 6.34 6.35 6.36 Court’s discretion whether to assume jurisdiction Service of other documents outside New Zealand Notice to defendant served outside New Zealand Service outside New Zealand Service through official channels Service in convention countries Time for filing defence Subpart does not apply to service in Australia of documents for or in certain trans-Tasman proceedings Part 7 Case management, interlocutory applications, and interim relief Subpart 1—Case management 7.1AA Outline of case management procedures for different types of proceedings Proceedings subject of case management Case management conferences generally First case management conferences Further case management conferences Issues conferences Allocation of key dates Steps after close of pleadings date restricted Pre-trial conferences Cancellation of conference Limitation of right of appeal Timetable and monitoring obligations Lists of proceedings Judicature Modernisation Bill Schedule 1 High Court Rules—continued 7.13 7.14 7.15 7.16 7.17 7.18 Registrar’s functions in relation to hearing dates Case management conferences for appeals Directions for conduct of appeal Jury notice Parties to keep Registrar informed No steps after setting down date without leave Subpart 2—Interlocutory applications and interlocutory
 orders Contents, form, and filing of interlocutory application Affidavit to be filed with application Filing by post Service of application and supporting affidavit Application without notice Notice of opposition to application Affidavit to be filed with notice of opposition Affidavit in reply Evidence normally given by affidavit Cross-examination of maker of affidavit Rules governing affidavits Statements of belief in affidavits 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 When
 admissions binding 7.32 7.33 7.34 Mode of hearing 7.35 7.36 Previous affidavits and agreed statements of fact Allocation of hearing date Publication about hearing in chambers Application for summary judgment to be heard in open court No hearing required if respondents consent or do not oppose Respondent who consents, or who does not oppose, need not attend hearing Synopsis of argument Failure to attend Certain applications may be made orally at hearing Adjournment 7.39 7.40 7.41 7.42 7.43 Making of interlocutory orders 7.43A Directions as to conduct of proceedings 7.44 7.45 7.46 Power to grant interlocutory order or interlocutory relief Interlocutory orders may be made subject to conditions Determination of application without notice Schedule 1 Judicature Modernisation Bill High Court Rules—continued Drawing up and sealing interlocutory order Enforcement of interlocutory order Order may be varied or rescinded if shown to be wrong Order relating to management of proceeding may be varied if circumstances change Order may be rescinded if fraudulently or improperly obtained Limitation as to second interlocutory application Subpart 3—Interim relief Application for injunction Undertaking as to damages Preservation of property Sale of perishable property before hearing Order to transfer part of property to person with
 interest in property Interim payment of income to person with interest in income Subpart 4—Receivers Application Address for service Receiver must give security Remuneration of receiver Accounts of receiver Examination of accounts Default by receiver Powers of receiver Accounts on death of receiver Subpart 5—Interim payments Interpretation Application for interim payment Order for interim payment in respect of damages Order for interim payment in respect of sums other than damages 7.47 7.48 7.49 7.50 7.51
 7.52 7.53 7.54 7.55 7.56 7.57 7.58 7.59 7.60 7.61 7.62 7.63 7.64 7.65 7.66 7.67 7.68 7.69 7.70 7.71 7.72 Method of payment 7.73 7.74 7.75 Directions on interim payment application Non-disclosure of interim payment Adjustment on final judgment or order or on discontinuance Counterclaims and other proceedings Judicature Modernisation Bill Schedule 1 High Court Rules—continued Subpart 6—Amendment of pleading 7.77 Filing of amended pleading 7.78 Subpart 7—Recovery of specific property subject to lien Recovery of specific property subject to lien or other security Subpart 8—Negotiations for settlement 7.79 7.80 Court may assist in negotiating for settlement Arbitration by consent Subpart 9—Interim relief in respect of overseas proceedings 7.81 Interim relief in support of overseas proceedings Part 8 Discovery and inspection and interrogatories Subpart 1—Discovery and inspection Interpretation Co-operation Preservation of documents Initial disclosure Discovery orders to be made at case management conferences Two kinds of discovery Standard discovery Tailored discovery Presumption as to tailored discovery Obligation of party ordered to make tailored discovery Preparation for first case management conference Orders that may be made Solicitor’s discovery obligations Extent of search Affidavit of documents Schedule appended to affidavit of
 documents Variation of discovery order Continuing obligations Order for particular discovery against party after proceeding commenced Order for particular discovery before proceeding commenced Schedule 1 Judicature Modernisation Bill High Court Rules—continued 8.21 Order for particular discovery against non-party after
 proceeding commenced Costs of discovery Incorrect affidavit of documents to be amended 8.22 8.23 8.24 Who may swear affidavit of documents 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 Challenge to privilege or confidentiality claim Crown documents and public interest Inspection of documents Privilege and confidentiality Order facilitating inspection Use of documents Effect of failure to include document Notice to produce documents or things Contempt of court Subpart 2—Interrogatories Interrogatories by notice Duties of party served Limitation of interrogatories by notice 8.34 8.35 8.36 8.37 Multiple parties Order to answer 8.38 Contents of statement 8.39 Objection to answer 8.40 8.41 Who may swear affidavit verifying statement in answer to interrogatories Insufficient answer Incorrect answer to be amended Answers as evidence Public interest Defamation proceedings 8.42 8.43 8.44 8.45 8.46 Subpart 3—Notice to admit facts 8.47 8.48 Notice to admit facts Judgment on admission of facts Part 9 Evidence Subpart 1—Briefs, oral evidence directions, common bundles, and chronologies Objective and scope Exchange of documents and index Timing Judicature Modernisation Bill Schedule 1 High Court Rules—continued 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30
 9.31 9.32 9.33 Preparation of common bundle Consequences of incorporating document in common bundle Consequence of not incorporating document in common bundle Requirements in relation to briefs Supplementary briefs Exchange of chronology of facts intended to be relied upon at trial or hearing Oral evidence directions Compliance with Evidence Act 2006 Evidence-in-chief at trial Briefs not given in evidence Privilege and admissibility not affected by briefs Cross-examination duties Plaintiff’s synopsis of
 opening Subpart 2—Evidence by depositions Order for examination of witness or for letters of request Security for costs for taking evidence outside New Zealand Documents for examiner Procedure for examination before examiner Examination of additional persons Objection to question Form of report Depositions as evidence Letters of request where convention exists Issue of letters of request Agents of parties Consequences of non-compliance with undertaking as to expenses Application by Solicitor-General on letters of request from abroad Subpart 3—Medical examinations Order for medical examination Report Service of report Evidence of medical practitioner when medical examination ordered Schedule 1 Judicature Modernisation Bill High Court Rules—continued Subpart 4—Inspection and testing 9.34 9.35 Order for inspection, etc Notice of application Subpart 5—Experts Appointment of court expert Submission of question to court expert Report of court expert Experiments and tests Cross-examination of court expert Remuneration of court expert Calling of expert witnesses Expert witness to comply with code of conduct Court may direct conference of expert witnesses Status of joint witness statement by expert witnesses Evidence of expert witnesses at trial Subpart 6—Preserving evidence Right to preserve evidence Procedures in which the Crown may have interest
 Examination of witness Subsequent admissibility Subpart 7—Evidence at trial Evidence to be given orally Issue of subpoenas Service of subpoena Evidence of person in custody Affidavit evidence by agreement Affidavit evidence under order of court Agreed statement of facts Subpart 8—Evidence in Trans-Tasman proceedings Interpretation Issue of subpoenas by High Court for service in Australia Leave to serve New Zealand subpoena on witness in Australia Service of subpoena on witness in Australia Application to
 set aside New Zealand subpoena Service of documents on applicant Hearing of application Failure to comply with subpoena Judicature Modernisation Bill Schedule 1 High Court Rules—continued 9.66 9.67 Transmission of documents or things to Australian Court Evidence and submissions by remote appearance medium from Australia Subpart 9—Procedure when evidence given by affidavit Application of rules 9.69 to 9.74 Time for filing plaintiff’s affidavits Time for filing defendant’s affidavits Time for filing affidavits in reply Use of affidavits Swearing of affidavits Cross-examination of person who has sworn affidavit Person refusing to make affidavit Form and contents of affidavits Exhibits to affidavits Interlineation, alteration, or erasure in affidavit Irregularity in form of affidavit Service copies of affidavits Affidavit may be sworn on Sunday Affidavits made on behalf of corporation Affidavit by 2 or more persons Affidavit by blind or illiterate person Authority to take affidavits in New Zealand Authority to take affidavits in places outside New Zealand 9.68 9.69 9.70 9.71 9.72 9.73 9.74 9.75 9.76 9.77 9.78 9.79 9.80 9.81 9.82 9.83 9.84 9.85 9.86 9.87 Meaning of authenticated deposition
 9.88 9.89 Admissibility of authenticated deposition Application of other rules Part 10 Trial Subpart 1—Place 10.1 Venue and changing it Subpart 2—Adjournments, methods of trial, and verdicts Adjournment of trial Court may order separate trials Existence or accuracy of record 10.2 10.3 Method of trial 10.4 10.5 10.6 When neither party appears 10.7 When only plaintiff appears 10.8 When only defendant appears 10.9 Judgment following non-appearance may be set aside 574 575 577 577 577 577 578 578 578 579 579 580
Schedule 1 Judicature Modernisation Bill High Court Rules—continued 10.10 When both parties appear 10.11 When proceeding tried with jury Subpart 3—Consolidation of proceedings 10.12 When order may be made 10.13 Application of rule 10.12 Subpart 4—Separate decision of questions 10.14 Definition of question 10.15 Orders for decision 10.16 Removal into Court of Appeal 10.17 Agreed result 10.18 Record, etc, of decision 10.19 Disposal of proceeding if proceeding substantially affected by decision of question 10.20 Form and contents of case 10.21 Insufficient case or disputed facts or documents 10.22 Counsel assisting Subpart 5—Counsel assisting Subpart 6—Hearings by video link 10.23 10.24 Interpretation Judge may preside at hearing of certain matters by video link 10.25 Requirements for hearing by video link 10.26 Incidental directions Part 11 Judgment Subpart 1—General provisions Interpretation Types of judgment How judgment given Time judgment given Delivery time of written judgment Form of judgment 11.1 11.2 11.3 11.4 11.5 11.6 11.6A General court order Duplicate judgments 11.7 Death or incapacity of Judge before judgment 11.8 11.9 Recalling judgment 11.10 Correction of accidental slip or omission 334 587 588 588 589 589 589 590 590 590 591 591 591 592 592 592 593 593 594 594 595 595 595 596 596 596 596 597 597 Judicature Modernisation Bill Schedule 1 High Court Rules—continued
 Subpart 2—Sealing and notification Judgments to be sealed, dated, and served 11.11 11.12 When judgment takes effect 11.13 Steps before judgment sealed 11.14 Registrar’s role on receipt of judgment Subpart 3—Judgment if proceeding tried with jury Judgment after proceeding tried with jury 11.15 11.16 Leave to apply to set aside judgment 11.17 11.18 Application for judgment on special verdict or subject Judgment not in accordance with verdict to special case 11.19 Application for judgment by both parties
 Subpart 4—Giving effect to judgments 11.20 Conduct of proceedings after judgment 11.21 Applying for dismissal because of inactivity Judgment directing sale of property 11.22 Judgment for balance of claim over counterclaim 11.23 Judgment for balance of counterclaim 11.24 11.25 Cross judgments Judgment if third party defends 11.26 11.27 Interest on judgment debt 11.28 Satisfaction of judgment Part 12 Summary judgment 12.1 12.2 Application of summary judgment procedure Judgment when there is no defence or when no cause of action can succeed Summary judgment on liability Interlocutory application for summary judgment Service out of New Zealand Requirements as to notice of proceeding Time for service Postponement of hearing Notice of opposition and affidavit in answer 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 Statement of defence 12.11 Affidavits in reply 12.12 Disposal of application 12.13 Time for filing statement of defence on dismissal of plaintiff’s application Schedule 1 Judicature Modernisation Bill High Court Rules—continued 12.14 Setting aside judgment 12.15 Discontinuance 12.16 Application to counterclaims and claims against third parties Part 13 Summary proceeding for recovery of land Interpretation Application of Part Defendants Affidavit in support Service Time for filing statement of defence Power of court to make unlawful
 occupiers defendants Judgment for possession Possession order Part 14 Costs Subpart 1—Costs generally Costs at discretion of court Principles applying to determination of costs Categorisation of proceedings Appropriate daily recovery rates Determination of reasonable time Increased costs and indemnity costs Refusal of, or reduction in, costs Costs on interlocutory applications Costs may be determined by different Judge or Associate Judge 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 14.1 14.2 14.3 14.4 14.5 14.6
 14.7 14.8 14.9 14.10 Written offers without prejudice except as to costs 14.11 Effect on costs 14.12 Disbursements 14.13 Proceedings within jurisdiction of District Court 14.14 14.15 Defendants defending separately 14.16 Claim and counterclaim both established 14.17 Set-off if costs allowed to both parties Joint and several liability for costs Subpart 2—Taxation of costs between parties 14.18 Appointment to tax costs 14.19 Taxation of disbursements Judicature Modernisation Bill Schedule 1 High Court Rules—continued 14.20 No charge allowed for bill of costs 14.21 Registrar sole judge of questions of fact 14.22 Direction to Registrar to ascertain expenses 14.23 Review of taxation Part 15 Disposal other than by trial Subpart 1—Dismissal or stay without trial 15.1 15.2 Dismissing or staying all or part of proceeding Dismissal for want of prosecution Subpart 2—Judgment by default Application where appearance 15.3 15.4 Affidavits to be filed 15.5 When several causes of action 15.6 When several defendants Liquidated demand 15.7 Recovery of land or chattels 15.8 Formal proof for other claims 15.9 15.10 Judgment may be set aside or varied 15.11 Overseas service cases 15.12 Other proceeding 15.13 15.14 Overseas service cases Judgment may be set aside Subpart 3—Judgment on admission Judgment on admission of facts 15.15 15.16 Admission of cause of
 action 15.17 Admission of defence Subpart 4—Discontinuance Interpretation 15.18 15.19 Right to discontinue proceeding 15.20 Restrictions on right to discontinue proceeding 15.21 Effect of discontinuance 15.22 Court may set discontinuance aside 15.23 Costs 15.24 Restriction on subsequent proceedings 15.25 Certain remedies not affected Schedule 1 Judicature Modernisation Bill High Court
 Rules—continued Part 16 Accounts and inquiries Account-taker Direction as to evidence Remuneration of accountant Form and verification of account Interpretation Orders for accounts and inquiries Directions Summary order for accounts 16.1 16.2 16.3 16.4 16.5 Mutual accounts 16.6 16.7 16.8 16.9 16.10 Filing and service of account 16.11 Notice of receipt that is not admitted 16.12 Notice of error 16.13 Admission of items 16.14 Appointment and notice for taking accounts 16.15 Parties to attend account hearing 16.16 Adjournment of account hearing 16.17 Power of summary decision 16.18 Examination of accounting party 16.19 Production of documents Interest on debts of deceased person 16.20 16.21 Interest on legacies 16.22 Accounting and estimates 16.23 Directions for inquiries 16.24 Powers of persons taking accounts or making inquiries 16.25 Duty of persons summoned to attend 16.26 Time for proving claims 16.27 Statement of claim to be filed 16.28 Failure to claim within time 16.29 Result to be certified 16.30 Party may ask for court’s decision 16.31 Certificate when approved to be signed by Judge 16.32 Effect of certificate when filed 16.33 Distribution before all persons entitled are ascertained 16.34 Payment of share carried over to separate trust account Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17
 Enforcement Subpart 1—General provisions Interpretation 17.1 17.2 Method of enforcing orders 17.3 Method of enforcing judgments No excessive recovery 17.4 No enforcement against the Crown 17.5 Enforcement by or against non-parties 17.6 Enforcement against partners or alleged partners 17.7 17.8 Issuing enforcement process as of right 17.9 When leave to issue enforcement process necessary Subpart 2—Obtaining information from liable party for enforcement purposes 17.10 Notice to liable party to complete financial
 statement 17.11 Interpretation 17.12 Order for examination 17.13 Service of order for examination 17.14 Examining party’s affidavit 17.15 Procedure for examination 17.16 Adjournment of hearing 17.17 Orders by court 17.18 Failure to comply with order for examination 17.19 Certification of breach of arrest order 17.20 Discharge of arrest order Subpart 3—Preparation and issue of enforcement process 17.21 Enforcement process to conform with judgment 17.22 Preparation and issue of enforcement processes 17.23 Date of enforcement process 17.24 Currency and renewal of enforcement processes (except for charging orders) 17.25 Expenses of enforcement 17.26 Concurrent enforcement processes 17.27 Return of enforcement process 17.28 Reissue of enforcement process 17.29 Stay of enforcement 17.30 Enforcement process may be set aside Schedule 1 Judicature Modernisation Bill High Court Rules—continued Subpart 4—Attachment orders Interpretation 17.31 17.32 Effect of attachment order 17.33 When attachment order may be issued 17.34 Attachment order to be served on employer 17.35 Priority of attachment order 17.36 Protected earnings amount 17.37 Liability of employer 17.38 Attachment orders in State services 17.39 Variation, suspension, and discharge of attachment orders Subpart 5—Charging orders Issue of charging order without leave after judgment 17.40 Effect of
 charging order 17.41 Leave to issue charging order 17.42 17.43 Charging order where amount involved small 17.44 Application for relief by persons prejudicially affected 17.45 Claim of third party on property charged 17.46 Apportionment when more than 1 charging order 17.47 Charging order for land final when issued 17.48 Registration of charging order under Land Transfer Act 1952 17.49 Registration of charging order not under Land Transfer Act 1952 Interim charging order in first instance 17.50 Sale before
 registration of charging order 17.51 Discharge of land from charging order 17.52 Lapse of charging order after 2 years 17.53 Personal property may be charged 17.54 17.55 Effect of interim charging order 17.56 Liability of persons breaching interim charging order 17.57 Money may be paid into court 17.58 Court may order sale of property affected 17.59 Application to make final charging order after judgment 17.60 Execution after charging order made final 17.61 Discharge of person served with order Subpart 6—Sale orders and possession orders 17.62 Effect of sale order 17.63 When sale order may be issued 17.64 Execution for less than full amount of judgment Judicature Modernisation Bill Schedule 1 High Court Rules—continued 17.65 Recovery of money owing on cheques and other securities 17.66 Discharge of person paying on cheque or other security 17.67 Disposal of proceeds 17.68 Not necessary to seize land 17.69 Moving seized chattels 17.70 Place of sale 17.71 Advertising of notice of sale 17.72 Service of notice of sale on liable party 17.73 Contents of notice of sale 17.74 Method and conditions of sale 17.75 Powers of enforcing officer in relation to sale by auction 17.76 Power of enforcing officer to seize title deeds 17.77 Order of sale of land and chattels 17.78 Power of liable party or mortgagee to give directions concerning sale of
 land 17.79 Transfers, etc, to purchaser 17.80 Effect of possession order 17.81 When possession order may be issued 17.82 Combined sale and possession order Subpart 7—Arrest orders and sequestration orders 17.83 Effect of arrest order 17.84 Power to issue arrest order 17.85 Power to commit to prison for disobedience 17.86 Effect of sequestration order 17.87 Power to issue sequestration order Subpart 8—Absconding debtors and imprisonment for debt 17.88 Arrest of absconding debtor 17.89 Process for order to
 arrest and imprison defendant 17.90 Security by absconding debtor 17.91 Orders about security 17.92 Discharge on payment Part 18 Applications in equity and under statutes Subpart 1—Application 18.1 18.2 18.3 Types of proceedings Limited application of this Part to proceedings under Property (Relationships) Act 1976 This Part subject to rules under other Acts Schedule 1 Judicature Modernisation Bill High Court Rules—continued 18.4 Commencement of proceedings 18.5 18.6 Subpart 2—Special provisions concerning pleadings, directions, and affidavits Naming of defendants in cases involving deceased estates or trusts Persons served by direction of court need not be named as defendant Applications for directions as to service Orders giving directions as to service Proceeding without service 18.7 18.8 18.9 18.10 Time for serving claimant’s affidavit in proceedings under Family Protection Act 1955 18.11 Time for serving affidavit in support of appearance 18.12 Statement of defence to be filed 18.13 Subpart 3—Multiple claims, joinders, and consolidations of claims Joining in proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949 Joinder of claims and consolidation 18.14 18.14A Procedure under section 174 of Companies Act 1993 18.14B Service of order made under section 174 of Companies 685 685 686 686 687 688 688
 689 689 689 690 691 691 Act 1993 Subpart 4—Evidentiary requirements 18.15 Evidence generally by agreed statement of facts or 691 affidavit Part 19 Originating applications Subpart 1—Proceedings eligible to be commenced by originating application 19.1 Meaning of originating application 19.2 19.3 19.4 Applications under certain enactments Application of this Part to certain kinds of proceeding Certain directions may be sought by originating application Court may permit proceeding to be commenced by
 originating application 19.5 19.5A Directions as to filing of statement of claim and defence 342 692 692 694 694 694 695 Judicature Modernisation Bill Schedule 1 High Court Rules—continued 19.6 Certain proceedings must be commenced by interlocutory application Subpart 2—Procedure for originating applications Heading of documents Commencement of proceeding 19.7 19.8 Memorandum relating to filing and address for service 19.9 19.10 Application of rules relating to interlocutory applications 19.11 Directions as to parties and conduct of applications 19.12 Originating applications relating to certain proceedings under Companies Act 1993 19.12A Special provisions for service of applications to remove caveats or set aside statutory demands Subpart 3—Evidence in originating applications 19.13 Evidence 19.14 Cross-examination of person making affidavit Part 20 Appeals Subpart 1—Preliminary provisions 20.1 20.2 Application of this Part Interpretation Subpart 2—Application for leave to appeal 20.3 Application for leave to appeal to court Subpart 3—Commencement of appeal Time for appeal if there is right of appeal Commencement of periods in rules 20.3 and 20.4 20.4 20.5 20.6 When appeal brought 20.7 20.8 20.9 20.10 Stay of proceedings 20.11 Cross-appeal 20.12 Dismissal or stay or abandonment of appeal or Power to dispense with service Filing notice of appeal Contents of notice of appeal cross-appeal 20.13 Security for appeal Subpart 4—Matters leading up to hearing 20.14 Order
 for transcript of evidence 20.15 Report by decision-maker 695 695 696 696 696 697 697 698 698 699 699 699 700 701 702 702 702 702 703 704 705 706 706 707 708 343 Schedule 1 Judicature Modernisation Bill High Court Rules—continued 20.16 Further evidence Subpart 5—Conduct of appeal 20.17 Decision-maker entitled to be heard on appeal 20.18 Appeal is rehearing 20.19 Powers of court on appeal 20.20 Repayment of judgment sum and interest 20.21 Registrar to notify result of appeal Subpart 6—Appeals to Court of
 Appeal 20.22 Applications for leave Part 21 Cases stated Application Some rules in Part 20 apply Interpretation Time for appeal Notice of appeal Place for filing notice Lodging of draft case stated Contents of case 21.1 21.2 21.3 21.4 Method of commencing appeal or reference 21.5 21.6 21.7 21.8 21.9 21.10 Order for transcription of evidence 21.11 When case deemed to be stated 21.12 Power to amend case 21.13 Security for costs 21.14 Determination of questions 22.1 Interpretation Part 22 Patents Subpart 1—Scientific advisers Appointment Nominating scientific adviser and settling questions and instructions Report Cross-examination Experiment or test Further or supplementary report Remuneration Judicature Modernisation Bill Schedule 1 High Court Rules—continued Subpart 2—Amending specification Application of subpart to application under section 89 22.9 22.10 Notifying Commissioner 22.11 Advertisement 22.12 Right to be heard 22.13 Time for making application 22.14 Service of notice of interlocutory application 22.15 Duty of court to give directions 22.16 Procedure when amendment allowed Subpart 3—Revoking patent 22.17 Application by originating application 22.18 Respondent begins proceeding Subpart 4—Objections 22.19 Particulars if validity of patent disputed 22.20 Particulars if want of novelty alleged 22.21 Service
 of notice on Solicitor-General 22.22 Particulars supplied by plaintiff 22.23 Particulars supplied by defendant 22.24 Evidence restricted to particulars delivered 22.25 Amendment of particulars Subpart 5—Appeals 22.26 Application of Part 20 22.27 Method and time of bringing appeal 22.28 Contents of notice of appeal 22.29 Grounds of appeal 22.30 Service of notice of appeal 22.31 Commissioner to transmit papers 22.32 Contentions raised by respondent 22.33 Respondent’s notice 22.34 Appeal by way of rehearing
 22.35 Proceeding heard and determined in public 22.36 Documentary evidence 22.37 Cross-examination of witnesses Subpart 6—Costs 22.38 Costs Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 23 Enforcement between jurisdictions Subpart 1—Enforcement under Reciprocal Enforcement of Judgments Act 1934 Scope and interpretation 23.1 Application of other Parts 23.2 23.3 Subpart subject to Orders in Council 23.4 Method of application for registration Title and content of application 23.5 Place of filing 23.6 Supporting affidavits 23.7 Copy judgment and translation 23.8 23.9 Judicial notice of authentication of judgment 23.10 Evidence of exchange rates and interest 23.11 Evidence of right to registration 23.12 Further evidence 23.13 Registration of part of judgment 23.14 Security for costs 23.15 Order for registration 23.16 Method of registration 23.17 Date of registration 23.18 Notice of registration 23.19 Contents of notice of registration 23.20 Application to set aside registration 23.21 Determination of certain questions 23.22 Enforcement of judgments 23.23 Form of enforcement process Subpart 2—Certified copy procedure 23.24 Method of application Issue of certified copy 23.25 Part 24 Insolvency Subpart 1—Scope 24.1 24.2 24.3 Interpretation Application of Part Application of general rules and practice of court Subpart 2—Proceedings
 generally 24.4 Forms Judicature Modernisation Bill Schedule 1 High Court Rules—continued 24.5 24.6 24.7 General requirements of documents filed in court Advertising of notices or proceedings Discretion of court as to method of taking evidence Subpart 3—Bankruptcy notices Issue of bankruptcy notice Service of bankruptcy notice in New Zealand 24.8 24.9 24.10 Setting aside bankruptcy notice
 Subpart 4—Adjudication proceedings 24.11 Application for adjudication by creditor 24.12 Verification of creditor’s application 24.13 Where application for adjudication to be filed 24.14 Registrar to fix hearing date for creditor’s application 24.15 Court may alter hearing date for creditor’s application 24.16 Service of creditor’s application on debtor 24.17 Service of creditor’s application on trustee or supervisor 24.18 Debtor’s notice of intention to oppose adjudication 24.19 Affidavit evidence of applicant creditor 24.20 Applicant creditor’s solicitor’s certificate as to unpaid debt 24.21 Death of debtor against whom application filed Subpart 5—Appointment of Official Assignee 24.22 Applicant to deposit sum for Official Assignee’s expenses 24.23 Official Assignee may seek additional sum where original deposit insufficient 24.24 Notification of order appointing Official Assignee as receiver and manager 24.25 Repayment of deposits after order of adjudication 24.26 Dismissal of application after order appointing Official Assignee as manager and receiver Subpart 6—Contributions from bankrupt 24.27 Application for order under section 147 24.28 Official Assignee’s report 24.29 Official Assignee to notify employer, etc, about proposed assignment or charge 24.30 Official Assignee to serve order of assignment, etc Subpart 7—Compositions during bankruptcy 24.31 Application for order approving composition 743 744 744 744 745 745 746 746 746 747 747 747 748 748 748 749
 749 749 749 750 750 750 751 751 751 752 752 347 Schedule 1 Judicature Modernisation Bill High Court Rules—continued 24.32 Notice to Official Assignee of application to approve composition 24.33 Notice of application to approve composition 24.34 Official Assignee to account when composition approved Subpart 8—Irregular transactions 24.35 Applications by Official Assignee for cancellation of irregular transactions or retransfer of property or payment of value Subpart 9—Discharge of bankrupt 24.36 Filing and
 service of objection to discharge 24.37 Service, etc, of notice of application for discharge 24.38 Report of Official Assignee 24.39 Opposition by creditor to discharge 24.40 Conditions affecting salary, etc, after order of discharge 24.41 Annulment of adjudication to be advertised Subpart 10—Proposals 24.42 Proposal and statement of affairs and affidavit 24.43 Trustee’s report on proposal Subpart 11—Insolvent deceased estates 24.44 Application for order to administer under Part 6 of Act 24.45 Application by creditor or beneficiary 24.46 Duty of Registrar when order made 24.47 Duty of administrator when order made 24.48 Person who has intermeddled in estate may be ordered to give particulars 24.49 Administration election Subpart 12—Appeals 24.50 Applications to vary or discharge order or decision of Registrar or District Court Judge 24.51 Appeals to Court of Appeal Subpart 13—Official Assignee 24.52 Applications to court by Official Assignee 24.53 Official Assignee’s liability for costs Subpart 14—District Court filings 24.54 Filing decisions of District Court 348 752 753 753 753 753 754 754 754 754 755 755 755 755 755 756 756 756 757 757 758 758 758 758 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Subpart 15—Cross-border proceedings Interpretation 24.55 24.56 Applications for recognition of foreign proceedings 24.57 Other procedural requirements 24.58 Relief after recognition 24.59 Modification or termination Subpart 16—Voluntary
 administration 24.60 Appointment of administrator under section 239L of Companies Act 1993 24.61 Applications in course of administration 24.62 Proper registry of court Part 25 Admiralty Subpart 1—Preliminary provisions 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 Interpretation Scope of this Part Application of other rules and practice of court Parties can apply for directions if procedure not prescribed Form of application Subpart 2—Starting proceedings in admiralty Action in personam or in rem, or both, started
 by notice of proceeding Notice of proceeding for action in personam Notice of proceeding for action in rem Notice of proceeding for action both in rem and in personam 25.10 How to serve notice of proceeding in action in rem on ship, cargo, or other property 25.11 Other provisions about service in action in rem 25.12 Defendant must enter appearance 25.13 Content of memorandum 25.14 Time limits for entering appearance 25.15 Provisions about filing 25.16 Service of memorandum 25.17 Defendant may apply for orders 25.18 Solicitor’s undertaking 25.19 Substituted defendants, third parties, and interveners 25.20 Statement of claim 759 759 759 760 760 761 761 761 762 762 763 763 763 764 764 764 765 765 766 767 767 768 768 769 769 770 770 770 349 Schedule 1 Judicature Modernisation Bill High Court Rules—continued 25.21 Statement of defence Subpart 3—Procedure in collision cases 25.22 Meaning of preliminary act 25.23 Preliminary acts to be filed in collision cases 25.24 Proceedings against party in default where other party fails to lodge preliminary act Subpart 4—Limitation of liability under Part 7 of Maritime Transport Act 1994 25.25 Actions for limitation of liability 25.26 Plaintiff must apply to court within 5 working days 25.27 Protection against other parties 25.28 Order limiting plaintiff’s liability Subpart 5—Judgment by default 25.29 Who may seek judgment by default in action in personam 25.30 Default in filing and service of statement of claim 25.31 Third parties
 25.32 Application for judgment by default in action in rem 25.33 Judgment by default in action in rem Subpart 6—Arrest, release, and sale of property Arrest of property Issue of warrant of arrest 25.34 Application for warrant of arrest of property 25.35 25.36 Service of warrant 25.37 Currency of warrant 25.38 Notice of arrest of property 25.39 No Crown indemnity required 25.40 Contempt to move ship under arrest 25.41 Application for directions concerning property under arrest 25.42 Request for caveat
 against arrest of property 25.43 Entry of caveat 25.44 Request for instrument of release 25.45 25.46 Caveat against release and payment 25.47 Discharge of cargo under arrest from ships not under Issue of release arrest and of cargo not under arrest 25.48 Security 25.49 Payment out of court Judicature Modernisation Bill Schedule 1 High Court Rules—continued Interveners 25.50 25.51 Appraisement and sale of property 25.52 Determination of priority of claims where court orders sale of ship Subpart 7—Miscellaneous provisions Inspection of ship, etc 25.53 25.54 Consent orders 25.55 Registrar may seek court’s assistance 25.56 Parties may seek review of Registrar’s decision Part 26 Arbitration Act 1996 Subpart 1—Preliminary provisions 26.1 26.2 Interpretation Application Subpart 2—Appeals under clause 5(1)(a) or (b) of Schedule 2 Originating application to commence appeal 26.3 Affidavit to be filed in support 26.4 Service 26.5 Amending appeal grounds 26.6 Notice of opposition to application 26.7 Cross-appeal 26.8 26.9 Record of arbitration 26.10 Service and filing of record 26.11 Transcript of evidence 26.12 Service and filing of transcript 26.13 Hearing of appeal 26.14 Leave to appeal to Court of Appeal Subpart 3—Leave to appeal under clause 5(1)(c) of Schedule 2 26.15 Applications for leave to appeal 26.16 Submissions 26.17 Granting leave 26.18 Refusing
 leave 26.19 Applying to Court of Appeal for leave to appeal 792 792 793 794 794 795 795 795 796 796 796 797 797 797 797 798 799 799 800 801 801 801 801 802 802 802 351 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Subpart 4—Entry of award as judgment under article 35 of Schedule 1 26.20 Entry of judgment if all parties agree 26.21 Entry of judgment in other cases 26.22 Application for entry of award as judgment 26.23 Affidavit to be filed in support 26.24 Service 26.25 Entry as
 judgment without notice in exceptional circumstances 26.26 Entry as judgment if defendant takes no steps 26.27 Opposition to entry as judgment Part 27 Administration (including probate) Subpart 1—General 27.1 Wills and intestacies to which this Part applies 27.2 Interpretation Subpart 2—Applications for administration 27.3 27.4 27.5 Kinds of applications for grants Applications without notice Restrictions if possibly invalid will exists Applications in solemn form Applications in solemn form Respondents and additional parties Compromises Pleadings 27.6 27.7 27.8 27.9 27.10 Where application is filed 27.11 Where caveat is lodged 27.12 Evidence of death 27.13 Sale of perishable property 27.14 Registrars may make some orders 27.15 Application of rules 27.16 to 27.28 27.16 Evidence as to execution 27.17 Evidence of validity 27.18 Doubt as to will-maker’s understanding 27.19 Doubt as to originality of signature 27.20 Doubt as to date 27.21 Changes 27.22 Revocations or revivals by other document Judicature Modernisation Bill Schedule 1 High Court Rules—continued 27.23 Revocation 27.24 Duplicate wills Subpart 3—Administration with will annexed 27.25 Circumstances in which grant may be made 27.26 Priority of potential administrators for purposes of rule 27.25 27.27 Proving entitlement to grant 27.28 Grant while executor is minor Subpart 4—Grants
 27.29 Time for making grant 27.30 Grants to attorneys 27.31 Common or solemn form Subpart 5—Inventories and accounts 27.32 Inventory and account filed by administrator 27.33 Administration of overseas assets Subpart 6—Overseas assets 27.34 Recall of grant Subpart 7—Recall of grant Subpart 8—Priorities on intestacy 27.35 Order of priority for grant in case of intestacy 27.36 Justification of entitlement to grant Subpart 9—Commission 27.37 Form of application for commission 27.38 Affidavit in support 27.39
 Documents to be filed and verified 27.40 Power to adopt previous accounts 27.41 Power to refer matter to Registrar for inquiry 27.42 Notice of inquiry by Registrar 27.43 Evidence before Registrar 27.44 Costs 27.45 Power to dispense with rules Part 28 Trans-Tasman competition proceedings 28.1 28.2 Interpretation Commencement of New Zealand proceedings 817 817 818 819 820 820 821 821 822 822 823 823 824 826 827 828 829 830 831 831 831 832 832 832 833 353 Schedule 1 Judicature Modernisation Bill High Court Rules—continued 28.3 28.4 28.5 28.6 28.7 28.8 Registry of court in which proceedings to be commenced Issue of subpoenas for service in Australia Service of subpoena Subpoenas for production Setting aside subpoena issued in New Zealand proceeding Failure to comply with subpoena in New Zealand proceeding Payment of additional amounts to persons complying with subpoena in New Zealand proceeding 28.10 Transmission of documents to Federal Court 28.11 Certification of judgments, orders, and injunctions in New 28.9 Zealand proceedings 28.12 Evidence and submissions by video link and telephone conference Part 29 Deleted Part 30 Judicial review 30.1 30.2 30.3 30.4 Crown Proceedings Act 1950 not affected Interpretation Procedure Interim orders Part 31 Companies: liquidation Application Hearing of applications Applications to be made by statement of claim Proper registry of court Notice of proceeding and verifying affidavit Date of hearing Exclusion of rules relating to
 setting down Directions Advertisement of application 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 Restriction on advertising of proceeding 31.11 Power to stay liquidation proceedings 31.12 Service of proceeding 31.13 Affidavit of service 31.14 Evidence of advertising 31.15 Entitlement to copy of statement of claim, etc Judicature Modernisation Bill Schedule 1 High Court Rules—continued
 31.16 Statement of defence 31.17 Time for filing statement of defence 31.18 Appearance 31.19 Time for filing appearance 31.20 Effect of failure to file statement of defence or appearance 31.21 Evidence as to unpaid debts 31.22 Interlocutory applications 31.23 Power to appoint interim liquidator 31.24 Additional and substituted plaintiffs in liquidation proceeding 31.25 Consolidation of proceedings 31.26 Discontinuance of proceeding 31.27 Requirements in relation to order appointing interim liquidator 31.28 Costs, charges, and expenses of interim liquidator and Official Assignee 849 849 850 850 850 850 851 851 852 853 853 853 854 Order to put company into liquidation 31.29 Obligation to send notice of order appointing liquidator or 854 interim liquidator of company 31.30 Order and copies to be sealed 31.31 Contents of order putting company into liquidation 31.32 Transmission of order putting company into liquidation 31.33 Service of order made under section 173 of Companies Act 1993 31.34 Service of notice to officer executing process that company being put into liquidation 31.35 Procedure in respect of miscellaneous applications 31.36 Applications involving allegations of fraud, negligence, misfeasance, or similar behaviour 31.37 Liquidator’s notice to set aside voidable transaction or voidable charge 31.38 Proper registry of court 31.39 Transitional provision for companies registered under the Companies Act 1955 Part 32 Freezing orders 32.1 32.2 32.3 Interpretation
 Freezing order Ancillary order 855 855 855 855 856 856 857 857 858 858 859 859 860 355 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Respondent need not be party to proceeding Order against judgment debtor or prospective judgment debtor or third party Form and further terms of freezing order Duration of freezing order Discharge or variation of freezing order Jurisdiction 32.4 32.5 32.6 32.7 32.8 32.9 32.10 Costs Part 33 Search orders 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9
 Interpretation Search order Requirements for grant of search order Restriction on entrants Applicant’s undertaking and duty Terms of search order Independent solicitors Review of search Costs Schedule 1 Forms Schedule 2 Appropriate daily recovery rates Schedule 3 Time allocations Schedule 4 Code of conduct for expert witnesses Schedule 5 Matters for consideration at case management conference Schedule 6 Standard directions for appeals Schedule 7 Standard directions for appeals by way of case stated and references under Part 21 356 860 860 862 863 863 863 863 864 864 865 865 865 866 867 867 868 869 1097 1098 1102 1104 1106 1108 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Schedule 8 Deleted Schedule 9 Discovery checklist and the listing and exchange protocol 1110 1111 Part 1 Rules of general application Subpart 1—Objective and interpretation 1.1 Title These rules are the High Court Rules.
Compare: 1908 No 89 Schedule 2 r 1.1 (as substituted by 2008 No 90 s 8) 1.2 Objective The objective of these rules is to secure the just, speedy, and inexpensive determination of any proceeding or interlocutory application.
Compare: 1908 No 89 Schedule 2 r 4 1.2 (as substituted by 2008 No 90 s 8) 5 10 1.3 (1) Interpretation In these rules, unless the context otherwise requires,— Act means Part 1 of the Judicature Modernisation Act 2013 address for service, in relation to a party, means the address of a place in New Zealand at which a document may be left for that party, or to which it may be sent by post to that party, under these rules or, if the party is a defendant as defined in section 4(1) of the Trans-Tasman Proceedings Act 2010 who 20 is served in Australia under section 13 of that Act with an initiating document for a proceeding, the address of a place in New Zealand or Australia that, under section 18 of that Act, is or is to be treated as the defendant’s address for service for the proceeding 25 15 357 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 1—continued Subpart 1—continued appearance means a document that states a person’s address for service, and is either— (a) an appearance and objection to the jurisdiction of the court under rule 5.49; or an appearance for ancillary purposes under rule 5.50; or 5 an appearance reserving rights under rule 5.51; or an appearance authorised by any other rule (b) (c) (d) case management conference means a conference conducted under subpart 1 of Part 7 chattels includes all things that are not land civil means not criminal civil proceedings, in relation to the Crown, has the same meaning as in section 2(1) of the Crown Proceedings Act 1950 control, in
 relation to a document, means— possession of the document; or (a) a right to possess the document; or (b) a right, otherwise than under these rules, to inspect or (c) copy the document 10 15 20 court means the High Court; and includes— a Judge of the High Court; and (a) an Associate Judge of the High Court exercising the (b) jurisdiction conferred on an Associate Judge by the Act or by rules made under section 145 of the Act court holiday means a day that is a holiday under rule 3.2 the Crown has the same
 meaning as in section 2(1) of the 25 Crown Proceedings Act 1950 defendant means a person served or intended to be served with a proceeding (other than a third or subsequent party served with a proceeding under rule 4.12) document means— (a) any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds, or from which such sym- bols, images, or sounds can be derived, and includes— 30 358 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 1—continued Subpart 1—continued (i) a label, marking, or other writing that identifies or describes a thing of which it forms part, or to which it is attached: a book, map, plan, graph, or drawing: a photograph, film, or negative; and (ii) (iii) information electronically recorded or stored, and infor- mation derived from that information 5 (b) 15 10 electronic includes electrical, digital, magnetic, optical, elec- tromagnetic, biometric, and photonic, and electronically has a corresponding meaning expert means a person who has specialised knowledge or skill based on training, study, or experience expert evidence means the evidence of an expert based on the specialised knowledge or skill of that expert and includes evidence given in the form of an opinion to file, in relation to any document, means to lodge the docu- ment in the form required by these rules in, or to send it by post or electronically in accordance with these rules to, the proper registry of the court, together with the fee (if any) payable for filing it hearing date, in relation to an interlocutory application or a proceeding, means the date on which, and the time at which, the application or the proceeding is to be heard hearing in chambers means a hearing that takes place in cir- cumstances in which the general public is not admitted, except 25 with the leave of the Judge, and includes any conference held under these rules interlocutory application means an application
 made in ac- cordance with rule 7.19 or 7.41 interlocutory order— (a) means an order or a direction of the court that— 30 20 (i) is made or given for the purposes of a proceeding or an intended proceeding; and 359 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 1—continued Subpart 1—continued (ii) concerns a matter of procedure or grants some relief ancillary to that claimed in a pleading; and (b) includes— (i) (ii) an order for a new trial; and an order striking out the whole or part of a plead- 5 ing; and an order varying or rescinding an interlocutory order (iii) 15 Judge means a Judge of the High Court; and includes an Asso- ciate Judge of the High Court exercising the jurisdiction con- 10 ferred on an Associate Judge by the Act or by rules made under section 145 of the Act land includes any estate, right, title, or interest in land lawyer has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006 Māori means a person of the Māori race of New Zealand; and includes any descendant of that person nearer or nearest, in relation to any place, means nearer or nearest by the most practicable route notice of proceeding means a notice filed under rule 5.22 opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact opposite party means, in relation to any party, any other party whose interests are opposed to those of that party party means any person who is a
 plaintiff or a defendant or a 25 person added to a proceeding plaintiff means the person by whom or on whose behalf a proceeding is brought pleading includes a statement of claim, a statement of defence, a reply, and a counterclaim proceeding means any application to the court for the exercise of the civil jurisdiction of the court other than an interlocutory application 30 20 360 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 1—continued Subpart 1—continued property includes real and
 personal property, and any estate or interest in any property real or personal, and any debt, and any thing in action, and any other right or interest Registrar includes a Deputy Registrar respondent, in relation to an interlocutory application, means 5 a party on whom the application has been served these rules means the High Court Rules trial includes a hearing before a Judge alone working day means any day of the week other than— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac 10 Day, Labour Day, the Sovereign’s birthday, and Wai- tangi Day; and a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
(b) 15 (3) (2) A word or an expression in a rule or form in these rules not defined in these rules but defined in an enactment dealing with the subject matter of that rule or form, unless the context other- wise requires, has the meaning given to it by that enactment.

In these rules, unless the context otherwise requires, a refer- 20 ence to a numbered form is a reference to the form so num- bered in Schedule 1.
In a judgment, order, direction, or other document forming part of a proceeding or of an interlocutory application, unless the context otherwise requires,— month means a calendar month working day has the same meaning as in subclause (1).
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.3 (as substituted by 2008 No 90 s 8) (4) 25 Subpart 2—Application and compliance 30 1.4 Application (1) The practice and procedure of the court in all civil proceedings and interlocutory applications is regulated by these rules.
361 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 1—continued Subpart 2—continued (3) (4) (2) Despite subclause (1), these rules do not apply to— appeals to the Court of Appeal; or appeals to the Supreme Court.
(a) (b) These rules are subject to— (a) (b) (c) the enactments referred to in section 144(5) of the Act: 5 the Evidence Act 2006: any statute prescribing the practice and procedure of the court in a proceeding or an appeal or application for leave to appeal under that statute: rules made under section 145 of the Act prescribing 10 the procedure applicable in respect of any class of civil proceedings.
(d) If in any civil proceedings any question arises as to the appli- cation of any provision of these rules, the court may, either on the application of a party or on its own initiative, determine 15 the question and give any directions it thinks just.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.4 (as substituted by 2008 No 90 s 8) 1.5 Non-compliance with rules (1) A failure to comply with the requirements of these rules— 20 (a) must be treated as an irregularity; and (b) does not nullify— (i) (ii) (iii) the proceeding; or any step taken in the proceeding; or any document, judgment, or order in the proceed- 25 ing.
Subject to subclauses (3) and (4), the court may, on the ground that there has been a failure to which subclause (1) applies, and on any terms as to costs or otherwise that it thinks just,— (a) set aside, either wholly or in part,— (i) (ii) the proceeding in which the failure occurred; or any step taken in the proceeding in which the failure occurred; or 30 (2) 362 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 1—continued Subpart 2—continued (iii) any document, judgment, or order in the proceed- ing in which the failure occurred; or (3) (4) 5 (b) exercise its powers under these rules to allow any amendments to be made and to make any order dealing with the proceeding generally as it thinks just.
The court must not wholly set aside any proceeding or the originating process by which the proceeding was begun on the ground that the proceeding was required by the rules to be begun by an originating process other than the one employed.
The court must not set aside any proceeding or any step taken 10 in a proceeding or any document, judgment, or order in any proceeding on the ground of a failure to which subclause (1) applies on the application of a party unless the application is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregu- 15 larity.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.5 (as substituted by 2008 No 90 s 8) 1.6 Cases not provided for (1) If any case arises for which no form of procedure is prescribed 20 by any Act or rules or regulations or by these rules, the court must dispose of the case as nearly as may be practicable in accordance with the provisions of these rules affecting any similar case.
If there are no such rules, it must be disposed of in the manner 25 that the court thinks is best calculated to promote the objective of these rules (see rule 1.2).

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.6 (as substituted by 2008 No 90 s 8) (2) 1.7 Oral applications for relief (1) A Judge may grant relief on an oral application if the case is 30 urgent and the interests of justice so require.
363 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 1—continued Subpart 2—continued (2) (3) This rule applies despite any rule requiring a written applica- tion.

Relief may be granted on terms and conditions considered just.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.7 (as substituted by 2008 No 90 s 8) 5 1.8 Consent instead of leave of court (1) When, by these rules, the leave of the court is required in any matter of procedure, and all parties and persons who are af- fected consent to the grant of leave, a party may file a memo- randum signed by all those parties and persons evidencing that 10 consent and its terms and conditions.
The Registrar must either— (a) make and seal an order in terms of the memorandum; or refer the memorandum to the court, in which case the (b) memorandum must be treated as an interlocutory appli- 15 cation for the leave.
(2) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.8 (as substituted by 2008 No 90 s 8) 1.9 Amendment of defects and errors (1) The court may, before, at, or after the trial of any proceeding, 20 amend any defects and errors in the pleadings or procedure in the proceeding, whether or not there is anything in writing to amend, and whether or not the defect or error is that of the party (if any) applying to amend.
The court may, at any stage of a proceeding, make, either on 25 its own initiative or on the application of a party to the pro- ceedings, any amendments to any pleading or the procedure in the proceeding that are necessary for determining the real controversy between the parties.

(2) (3) All amendments under subclause (1) or (2) may be made with 30 or without costs and on any terms the court thinks just.
364 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 1—continued Subpart 2—continued (4) This rule is subject to rule 7.7 (which prohibits steps after the close of pleadings date without leave).

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.9 (as substituted by 2008 No 90 s 8) 1.10 Security (1) An officer who is empowered to take security from a person for any purpose may determine the appropriate number of sureties and the form and the amount of the security.
5 (2) Any person required to give security may appeal to the court (3) against any decision under subclause (1).

If a surety becomes bankrupt or insolvent, or makes a compo- sition with that surety’s creditors, the court may stay all further steps in the proceeding by the principal party to the security until another surety has been found.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.10 (as substituted 15 by 2008 No 90 s 8) 10 Subpart 3—Use of Māori language, translations, and sign language 1.11 Speaking in Māori (1) This rule applies to a person entitled under section 4(1) of the 20 Maori Language Act 1987 to speak Māori in a proceeding or at the hearing of an interlocutory application.
If a person to whom this rule applies wishes to speak Māori in a proceeding or at the hearing of an interlocutory application, that person, or, if the person is a witness, the party intending 25 to call that person, must file and serve on every other party to the proceeding a notice of his or her intention to speak Māori.
The notice must state that the person intends to speak Māori at— (a) all case management conferences and hearings; or 30 (2) (3) 365 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 1—continued Subpart 3—continued (b) all case management conferences and hearings held after a specified case management conference or hear- ing; or a specified case management conference or hearing.

(4) (5) (c) The notice must be in form G 12.
The notice must be filed and served,— (a) 5 10 if the person intends to speak Māori at all case manage- ment conferences and hearings, not less than 10 work- ing days before the first case management conference or hearing; or if the person intends to speak Māori at case manage- ment conferences and hearings held after a particular case management conference or hearing, not less than 10 working days before the first case management con- ference or hearing at which the person intends to speak 15 Māori; or if the person intends to speak Māori at a particular case management conference or hearing, not less than 10 working days before the case management conference or hearing.
20 (b) (c) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.11 (as substituted by 2008 No 90 s 8) 1.12 Translation of documents into te reo Māori (1) A person upon whom a document is served in any proceeding is entitled to receive a translation of the document into the 25 Māori language if he or she— (a) applies, orally or in writing, to the Registrar in the place where the proceeding is pending, within 10 working days after the date of service, for a translation into the Māori language of the document; and states a postal address for the service of the translation (if an address for service has not already been given); and 30 (b) 366 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 1—continued Subpart 3—continued (c) satisfies the Registrar that he or she is unable to read the document but could read it if it were translated into the Māori language.
(2) (3) (4) The Registrar must require that translation to be prepared by the party or person on whose behalf the document was served.

5 The translation must be certified correct by a person holding an endorsed certificate of competency under section 18 of the Maori Language Act 1987.

The translation may be served— (a) (b) personally; or at the address for service (if any) of the person entitled to the translation; or by sending it by registered post addressed to that person at the stated postal address.
(c) 10 (5) When the translation is sent by registered post, it is to be 15 treated as having been served when it would be delivered or available for delivery at its address in the ordinary course of registered post.

The costs of preparing, certifying, and serving the translation are in the discretion of the court as costs in the proceeding.
(6) 20 (7) Unless the court otherwise orders,— (a) (b) (c) the document is deemed not to have been served until the translation is served in accordance with subclause (4); and the proceeding in which the document is issued must be 25 stayed as far as the person entitled to the translation is concerned until the translation is so served; and every subsequent document served on that person in the proceeding and every execution process or other process issued against that person to enforce any judg- 30 ment entered or order made in the proceeding must, un- less that person is at the time represented by a solici- 367 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 1—continued Subpart 3—continued tor, be accompanied by a translation into the Māori lan- guage complying with this rule.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.12 (as substituted by 2008 No 90 s 8) 1.13 Failure to give notice 5 A failure to comply with rule 1.11 does not prevent a person speaking Māori at a case management conference or pre-trial conference or hearing, but— (a) the court may adjourn the conference or hearing to en- able the Registrar to arrange for a person who holds a 10 certificate of competency under section 15(2)(a) or (c) of the Maori Language Act 1987 or some other person competent to interpret Māori to be available at the ad- journed case management conference or hearing: the court may treat the failure to comply as a relevant 15 consideration in an award of costs.
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.13 (as substituted by 2008 No 90 s 8) 1.14 Translation may be ordered by court (1) The court may at any time order that a translation into the 20 Māori language, complying with rule 1.12(2) to (7), of any document served, before or after the making of the order, upon a Māori concerned in a proceeding be served on that Māori, whether or not he or she has applied for it under rule 1.12(1).
(2) An order may be made subject to such terms and conditions as 25 the court thinks just.

The court may, on ordering a translation under this rule, grant an adjournment of the proceeding if justice so requires.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.14 (as substituted by 2008 No 90 s 8) 30 (3) 368 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 1—continued Subpart 3—continued 1.15 Affidavit in language other than English (1) An affidavit in a language other than English (non-English (2) language affidavit) may be filed in a proceeding.
The non-English language affidavit must be accompanied by an affidavit by an interpreter to which is exhibited— (a) (b) a copy of the non-English language affidavit; and the interpreter’s translation of the non-English language affidavit.
5 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.15 (as substituted by 2008 No 90 s 8) 10 1.16 Sign language (1) Any person permitted by the New Zealand Sign Language Act 2006 to use New Zealand Sign Language in a proceeding or at the hearing of any interlocutory application or at a case man- agement or pre-trial conference must give the court and all 15 other parties 10 working days’ notice of that person’s inten- tion to do so.
(2) A Judge may at any time, on application by or on behalf of a party, make any order thought just relating to— (a) providing, with the Registrar’s assistance, a competent 20 interpreter, and ensuring that the interpreter is available; and the interpretation of the sign language into English or Māori and the interpretation of English or Māori words used in court into sign language; and the cost of any interpretation ordered and its incidence; and the method of making and recording the sign language communication.
25 (b) (c) (d) (3) A failure to give notice as required by subclause (1) does not 30 prevent any permitted person using New Zealand Sign Lan- guage, however— (a) the failure is a relevant consideration in an award of costs; and 369 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 1—continued Subpart 3—continued (4) (b) the Judge may adjourn the conference or hearing or trial to enable the Registrar to arrange for a competent in- terpreter to be available at the adjourned conference or hearing or trial.
In this rule, competent interpreter means an interpreter who 5 meets the standards of competency specified in regulations made under the New Zealand Sign Language Act 2006; and in the absence of such regulations means a person whom the Judge is satisfied is competent to translate from English or Māori (as the case requires) into New Zealand Sign Language 10 and from New Zealand Sign Language into English or Māori (as the case requires).
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.16 (as substituted by 2008 No 90 s 8) Subpart 4—Time 15 1.17 Calculating periods of time (1) A period of time fixed by the rules or by a judgment, order, or direction or by a document in a proceeding must be calculated in accordance with this rule and rule 1.18.

(2) When a time of 1 day or a longer time is to be reckoned by 20 reference to a given day or event, the given day or the day of the given event must not be counted.
(3) Nothing in this rule or in rules 1.18 and 1.19 affects the reckon- ing of a period of time fixed by the Limitation Act 2010 or any other statute or the application of the Interpretation Act 1999 25 in relation to the Limitation Act 2010 or any other statute.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.17 (as substituted by 2008 No 90 s 8) 1.18 When time expires when court registry is closed When the time for doing any act at a registry of the court ex- 30 pires on a day on which that registry is closed, so that that act 370 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 1—continued Subpart 4—continued cannot be done on that day, the act is in time if done on the next day on which that registry is open.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.18 (as substituted by 2008 No 90 s 8) 5 1.19 Extending and shortening time (1) (2) The court may, in its discretion, extend or shorten the time appointed by these rules, or fixed by any order, for doing any act or taking any proceeding or any step in a proceeding, on such terms (if any) as the court thinks just.
The court may order an extension of time although the appli- 10 cation for the extension is not made until after the expiration of the time appointed or fixed.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.19 (as substituted by 2008 No 90 s 8) Subpart 5—Lawyers’ obligations 15 1.20 Lawyers’ duties (1) The duties imposed by these rules on lawyers do not limit a lawyer’s obligations to a client or another lawyer or the court under the rules of conduct and client care for lawyers in New Zealand or other applicable ethical rules or guidelines.
(2) A lawyer who acts for a party to a proceeding, or is a party to any proceeding, must not, without the leave of the court, act for any other party to the proceeding who does not have the same interest in the subject matter of the proceeding.

In this rule, lawyer includes the partner of a solicitor to whom 25 subclause (1) applies.

In applying these rules, the court may have regard to the obli- gations referred to in subclause (1).
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.20 (as substituted by 2008 No 90 s 8) (4) (3) 20 30 371 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 1—continued Subpart 6—Forms 1.21 Variation of forms (1) Variations may be made to any form directed or authorised by these rules to be used, as the circumstances of a particular case require.

Subclause (1) does not apply if a Judge orders that a court document be prepared in a particular format or with prescribed content.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.21 (as substituted by 2008 No 90 s 8) (2) Subpart 7—International co-operation 1.22 Communication with foreign court (1) This rule applies if, and to the extent that, the court is required, or wishes, to seek the co-operation of a court in another coun- try when dealing with an application under these rules.
The court is entitled to communicate with the foreign court if— (a) (b) the parties consent; and the communication is not prohibited by the law of the other country.

(2) (3) When the court acts under subclause (2) it must give the parties to the proceeding an opportunity to be heard on the form of the communication.

The communication and any reply must be treated as part of the record of the proceeding or interlocutory application.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 1.22 (as substituted by 2008 No 90 s 8) (4) 372 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 2 Jurisdiction and powers of Associate Judges and Registrars Subpart 1—Associate Judges Jurisdiction and powers 2.1 (1) An Associate Judge has the jurisdiction and powers of a Judge in chambers conferred by the Act or these rules or another enactment.
The jurisdiction and powers referred to in subclause (1) are in addition to the jurisdiction and powers conferred by section 10 19 of the Act.

(2) 5 (3) Despite subclause (1), an Associate Judge does not have jur- isdiction or powers in respect of the matters specified in sec- tion 21(4) of the Act.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 2.1 (as substituted by 15 2008 No 90 s 8) 2.2 Interim order on transfer of proceeding An Associate Judge who refers a proceeding or a matter arising in a proceeding to a Judge under section 25(1) of the Act may, before the final disposal of the proceeding or matter, make any 20 interim order he or she considers just.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 2.2 (as substituted by 2008 No 90 s 8) Subpart 2—Registrars 2.5 Registrars’ jurisdiction and powers relating to 25 interlocutory applications A Registrar (not including a Deputy Registrar) has the juris- diction and powers of a Judge to do the following: (a) hear and determine an application to extend or shorten the time for filing a statement of defence or notice of 30 interlocutory application: hear and determine an application under rule 6.28 (re- lating to service out of New Zealand): (b) 373 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 2—continued Subpart 2—continued (c) (d) adjourn a trial, reserving to the court the costs of, or arising out of, the adjournment: order a stay on an application made to vary or rescind an order or a decision of a Registrar: (e) make an order in an interlocutory application on no- 5 tice— (i) (ii) if the consent of all relevant parties is endorsed on the application or filed; or on receiving a draft order consented to in writ- ing by all relevant parties or by their solicitor or 10 counsel.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 2.5 (as substituted by 2008 No 90 s 8) 2.6 Additional jurisdiction for certain Registrars The Registrar (not including a Deputy Registrar) at the Auck- 15 land, Hamilton, Rotorua, Palmerston North, Wellington, Christchurch, or Dunedin registry has the jurisdiction and powers given to a Judge by the following: (a) rule 5.73: rule 8.15: rule 9.69: rule 9.70: rule 9.71: rule 1.9, so far as it applies to— (i) (ii) (iii) (iv) (v) rule 4.35(4): rule 5.1(4): subpart 2 of Part 17: rule 17.24.
(b) (c) (d) (e) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 2.6 (as substituted by 2008 No 90 s 8) 20 25 30 Limits on jurisdiction 2.7 (1) A Registrar must exercise jurisdiction under rules 2.5 and 2.6— (a) in chambers; and 374 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 2—continued Subpart 2—continued (b) subject to any judicial direction.

(2) However, a Registrar may exercise his or her jurisdiction (3) 2.8 2.9 under those rules without further direction.
In exercising a jurisdiction conferred by these rules a Registrar is not subject to direction by any person except a Judge acting 5 under rule 2.11.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 2.7 (as substituted by 2008 No 90 s 8) Powers ancillary to jurisdiction A Registrar may exercise powers ancillary to jurisdiction 10 under rules 2.5 and 2.6 if a Judge may exercise those ancillary powers in the same circumstances.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 2.8 (as substituted by 2008 No 90 s 8) Jurisdiction in other registries A Registrar may exercise jurisdiction under rules 2.5 and 2.6 in respect of an application filed in a registry of the court other than the one at which he or she is Registrar.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 2.9 (as substituted by 2008 No 90 s 8) 15 20 2.10 Form of order (b) An order made by a Registrar under rules 2.5 and 2.6 must— be headed “Before the Registrar at [place], in cham- (a) bers”; and be signed by a Registrar or Deputy Registrar, and sealed 25 with the seal of the court; and state the rule under which it is made.
(c) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 2.10 (as substituted by 2008 No 90 s 8) 375 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 2—continued Subpart 2—continued 2.11 Review of Registrar’s decision (1) An affected party to a proceeding or an intended proceeding may apply to a Judge by interlocutory application for a review of any of the following: (a) (b) a Registrar’s exercise of jurisdiction: a Registrar’s refusal to file a document tendered for fil- ing: a Registrar’s refusal to perform a duty placed on him or her under these rules.
(c) 5 (2) (3) The Judge may, on review, make any orders he or she thinks 10 just.

It is not necessary to apply for an order for an extraordinary remedy under Part 30 or to make an application for review under the Part 3 of the Judicature Modernisation Act 2013 when seeking a review under subclause (1)(b) or (c).
15 (4) Notice of an application for review must be filed,— (a) (b) if it is made by a party who was present or represented when the decision or refusal of the Registrar was given, within 5 working days of the decision or refusal; or if it is made by a party who was not present or repre- 20 sented, within 5 working days after the receipt by the party of notice of the decision or refusal.
(5) An application for review under this rule is not a stay of pro- ceeding or a step in the proceeding, unless a Judge, or a Regis- trar acting under rule 2.5, so directs.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 2.11 (as substituted by 2008 No 90 s 8) 25 376 5 10 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 3 Court administration Subpart 1—Registry hours and court holidays 3.1 Registry hours The court’s registries must be open from 9 am to 5 pm on every day that is not a court holiday.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.1 (as substituted by 2008 No 90 s 8) 3.2 Court holidays (1) (b) The following are court holidays for the court and the court’s registries: (a) the period beginning on Good Friday and ending on the close of the Tuesday after Easter: the period beginning on 24 December and ending on the 15 close of 3 January: Saturdays and Sundays: the Sovereign’s birthday: Anzac Day: Labour Day: 20 (c) (d) (e) (f) (g) Waitangi Day: (h) (i) the anniversary day of the region in which the court is situated: in each place where a registry of the court is situated, any day which is in that place— a public holiday; or (i) a proclaimed holiday; or (ii) (iii) a day observed by the Government as a holiday: any days on which the court and its registries are closed under an order made under rule 3.4.
The Holidays Act 2003 overrides subclause (1).

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.2 (as substituted by 2008 No 90 s 8) (j) 25 30 (2) 377 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 3—continued Subpart 1—continued 3.3 (1) Sitting on court holidays The court may sit on a court holiday if a Judge considers it desirable to do so in order to dispose of business.
(2) Despite subclause (1), the court may sit on a Sunday, Christ- mas Day, New Year’s Day, or Good Friday only if a Judge is 5 of the view that the business to be disposed of is extremely ur- gent.

If the court sits on a court holiday, it may— (a) authorise the receipt or issue of any document comply- ing with these rules; and despite section 177 of the Act, authorise the service of any document received or issued under paragraph (a).
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.3 (as substituted by 2008 No 90 s 8) (b) 3.3A Vacations (1) There is to be a long vacation beginning on 20 December and ending with the close of 31 January.

There is to be an Easter vacation beginning on the day before Good Friday and ending with the close of the Saturday follow- ing Easter.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.3A (as inserted by r 4 of the High Court Amendment Rules (No 2) 2009) (3) (2) 10 15 20 Epidemics and emergencies 3.4 (1) Despite rule 3.1, a Judge may order that the court and its regis- tries be closed for a period specified in the order (not exceed- 25 ing 1 week) if an epidemic or emergency exists in the place where the court is located.
(2) A Registrar must ensure that an order made under this rule is immediately advertised in the manner the Judge directs.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.4 (as substituted by 30 2008 No 90 s 8) 378 3.5 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 3—continued Subpart 2—Access to court documents 5 Interpretation In this subpart, unless the context otherwise requires,— access means to search, inspect, or copy under the supervision of an officer of the court court file means a collection of documents in the custody or control of the court that relate to a proceeding (including any interlocutory application associated with the proceeding) document— (a) means any written material in the custody or control 10 of the court that relates to a proceeding (including any interlocutory application associated with the proceed- ing), whether or not kept on a court file; and includes documentary exhibits, video recordings, records in electronic form, films, photographs, and 15 images in electronic form; but excludes— (i) notes made by or for a Judge for his or her per- sonal use; and any material that relates to the administration of 20 the court (ii) (b) (c) formal court record means any of the following kept in a registry of the court: (a) (b) (c) a register or index: any published list that gives notice of a hearing: a document that— (i) may be accessed under an enactment other than these rules; or (ii) constitutes notice of its contents to the public: a judgment, order, or minute of the court, including any 30 record of the reasons given by the Judge: the rolls of barristers and solicitors kept under section 56 of the Lawyers and Conveyancers Act 2006 or any former corresponding enactment.
(d) (e) 25 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.5 (inserted by r 4 35 of the High Court (Access to Court Documents) Amendment Rules 2009) 379 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 3—continued Subpart 2—continued 3.6 Application (1) (2) This subpart applies to documents while they are in the cus- tody or control of the court and until they are transferred to Archives New Zealand.
These rules do not require any person to prepare a document 5 that is not in existence at the time the document is sought.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.6 (as inserted by r 4 of the High Court (Access to Court Documents) Amendment Rules 2009) 3.7 General right of access to formal court record and certain 10 (2) (1) applications under Administration Act 1969 Subject to rule 3.12, every person has the right to access the formal court record kept in a registry of the court.
Subject to rule 3.12, every person has the right to access any document or court file that relates to an application or action for a grant of administration under the Administration Act 15 1969 or to a proceeding for the recall of any such grant.

(3) Despite subclause (1) or (2), a Judge may direct that judgments or orders, or documents or files of the kind described in sub- clause (2), not be accessed without the permission of the court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.7 (as inserted by r 20 4 of the High Court (Access to Court Documents) Amendment Rules 2009) 3.8 Right of parties to access court file or documents (1) The parties to a proceeding, and their counsel, may (whether during or after the completion of the proceeding), under the supervision of an officer of the court,— (a) search and inspect the court file or any document relat- ing to the proceeding, without payment of a fee; and copy any part or parts of the court file or any document relating to the proceeding on payment of any prescribed fee.
(b) (2) Despite subclause (1), a record of court proceedings in elec- tronic form may be copied only with the permission of the court.

380 25 30 5 10 15 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 3—continued Subpart 2—continued (3) Despite subclause (1), a Judge may direct that the court file or any document relating to the proceeding not be accessed by the parties or their counsel without the permission of the court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.8 (as inserted by r 4 of the High Court (Access to Court Documents) Amendment Rules 2009) 3.9 Access to documents during substantive hearing stage (1) This rule applies during the hearing of a proceeding (other than the hearing of an interlocutory application) and until— (a) the close of the 20th working day after the court has given the final judgment on the proceeding; or the discontinuance of the proceeding before the final judgment is given.
(b) (2) During the period to which this rule applies, any person may access any of the following documents relating to the proceed- ing: (a) any pleading, reference, notice, or application filed in the court: affidavits, depositions, or other written statements ad- mitted into evidence for the purposes of the hearing: documents admitted into evidence for the purposes of 20 the hearing: if any evidence given orally at the hearing has been tran- scribed, a transcript of that evidence.
(b) (c) (d) (3) Despite subclause (2), a Judge may, on his or her initiative or on request, direct that any document, or part of a document, 25 relating to the proceeding not be accessed without the permis- sion of a Judge.

(4) A request for access to a document under this rule is made identifies the requested document; and gives the reasons for the request.
informally to the Registrar by letter that— (a) (b) The following provisions apply when a request for access to a document is made under subclause (4): 30 (5) 381 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 3—continued Subpart 2—continued (a) (b) (c) (d) the Registrar must promptly give the parties or their counsel a copy of the request: a party who wishes to object must, before the relevant deadline (within the meaning of rule 3.10), give written notice of the objection to the Registrar, to the person 5 who made the request, and to the other parties or their counsel: on receipt of an objection, the Registrar must promptly refer the objection and the request to the Judge for de- termination: unless the document is subject to a restriction stated in subclause (3) or in rule 3.12, the Registrar must promptly give the person who made the request access to the document— (i) if the Registrar receives no objection before the 15 expiry of the relevant deadline (within the mean- ing of rule 3.10); or if the parties or their counsel earlier agree that the person be given access to the document: (ii) 10 (e) every request that relates to a document that is subject 20 to a restriction stated in subclause (3) or in rule 3.12 is taken to be a request for the permission of a Judge, and must be promptly referred to the Judge by the Registrar.
The Judge may determine an objection referred to the Judge under subclause (5)(c) or a request for permission under sub- 25 clause (3) or (5)(e) in any manner the Judge considers just.

For the purposes of subclause 2(b) and (c), admitted into evi- dence does not include evidence admitted provisionally.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.9 (as inserted by r 4 of the High Court (Access to Court Documents) Amendment Rules 2009) 30 (6) (7) 3.10 Meaning of relevant deadline in rule 3.9 (1) For the purpose of rule 3.9, where a party or counsel receives a copy of a request given to the party or counsel under that rule, 382 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 3—continued Subpart 2—continued relevant deadline means whichever of the following times is applicable: (a) if the copy of the request is received on a day on which the hearing is proceeding, 3 pm on the first working day after the day on which the copy is received: if the copy of the request is received on any other day, 3 pm on the third working day after the day on which the copy is received.
(b) (2) For the purposes of subclause (1), a person is deemed to re- ceive a request— (a) on the day on which it is emailed, faxed, or handed to the person: on the day after the day on which it is posted to the person.

(b) 5 10 (3) This rule overrides rule 6.6.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.1110 (as inserted by r 4 of the High Court (Access to Court Documents) Amendment Rules 2009) 15 3.11 Access to court files, documents, and formal court record in other cases If a person is not eligible to access a document, court file, or 20 any part of the formal court record under any of rules 3.7 to 3.9, the person may access the document, court file, or any part of the formal court record with the permission of the court, given on an application made under rule 3.13.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.11 (as inserted by 25 r 4 of the High Court (Access to Court Documents) Amendment Rules 2009) 3.12 Restrictions on access (1) Any right or permission conferred or given by these rules to access a document, court file, or any part of the formal court record is subject to— (a) any enactment, court order, or direction limiting or pro- hibiting access or publication; and the payment of any prescribed fees for access.
(b) 30 383 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 3—continued Subpart 2—continued (3) the person is a party to that proceeding; or the court permits the person to do so.
(2) A person may not access a document, court file, or any judg- ment or order, that relates to a proceeding brought under an enactment specified in subclause (3) unless— (a) (b) The enactments are as follows: (a) Adoption Act 1955: (b) Alcoholism and Drug Addiction Act 1966: (c) (d) (e) (f) (g) (h) Arbitration Act 1996: Care of Children Act 2004: Civil Union Act 2004: Family Proceedings Act 1980: Family Protection Act 1955: Intellectual Disability (Compulsory Care and Rehabili- tation) Act 2003: (i) Marriage Act 1955: (j) Mental Health (Compulsory Assessment and Treat- (k) (l) (m) (n) ment) Act 1992: Property (Relationships) Act 1976: Protection of Personal and Property Rights Act 1988: Status of Children Act 1969: any former provisions corresponding to provisions of any of the Acts mentioned in paragraphs (a) to (m).
5 10 15 20 (4) A person may search, inspect, or copy a document, court file, or any judgment or order relating to an application under rule 25 9.60 or 28.4 (which relate to the service of New Zealand sub- poenas in Australia) only with the leave of a Judge.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.12 (as inserted by r 4 of the High Court (Access to Court Documents) Amendment Rules 2009) 3.13 Applications for permission to access documents, court file, or formal court record other than at hearing stage This rule applies whenever the permission of the court is ne- cessary under these rules and is sought to access a document, (1) 30 384 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 3—continued Subpart 2—continued court file, or any part of the formal court record, except where access may be sought under rule 3.9.
(2) An application under this rule is made informally to the Regis- trar by a letter that— (a) identifies the document, court file, or part of the formal 5 court record that the applicant seeks to access; and gives the reasons for the application.

(b) The application is heard and determined by a Judge or, if a Judge directs the Registrar to do so, by the Registrar.
(3) (5) (6) (4) On receipt of an application made in accordance with sub- 10 clause (2), the Judge or Registrar may direct that the person file an interlocutory application or originating application.

The applicant must give notice of the application to any person who is, in the opinion of the Judge or Registrar, adversely affected by the application.

The Judge or Registrar may dispense with the giving of notice under subclause (5) if it would be impracticable to require no- tice to be given.
The Judge or Registrar may deal with an application on the papers, at an oral hearing, or in any other manner the Judge or 20 Registrar considers just.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.13 (as inserted by r 4 of the High Court (Access to Court Documents) Amendment Rules 2009) (7) 15 3.14 Decisions on applications under rule 3.13 (1) The Judge or Registrar may refuse an application made under 25 rule 3.13 or grant it in whole or in part without conditions or subject to any conditions that the Judge or Registrar thinks appropriate.

(2) A Judge may permit access to a series of files for the purposes of research.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.14 (as inserted by r 4 of the High Court (Access to Court Documents) Amendment Rules 2009) 30 385 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 3—continued Subpart 2—continued 3.15 Review of decisions by Registrar (1) Any decision by a Registrar under rule 3.14 is subject to review by a Judge on the application of the applicant or any person affected.
Rule 2.11 applies to subclause (1) as if the reference in that 5 rule to a party were a reference to the applicant or any person affected.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.15 (as inserted by r 4 of the High Court (Access to Court Documents) Amendment Rules 2009) (2) 3.16 Matters to be taken into account 10 In determining an application under rule 3.13, or a request for permission under rule 3.9, or the determination of an objection under that rule, the Judge or Registrar must consider the nature of, and the reasons for, the application or request and take into account each of the following matters that is relevant to the 15 application, request, or objection: (a) (b) the orderly and fair administration of justice: the protection of confidentiality, privacy interests (in- cluding those of children and other vulnerable members of the community), and any privilege held by, or avail- 20 able to, any person: the principle of open justice, namely, encouraging fair and accurate reporting of, and comment on, court hear- ings and decisions: the freedom to seek, receive, and impart information: whether a document to which the application or request relates is subject to any restriction under rule 3.12: (f) any other matter that the Judge or Registrar thinks just.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.16 (as inserted by r 4 of the High Court (Access to Court Documents) Amendment Rules 2009) (d) (e) (c) 25 30 Subpart 3—Investment of funds in court 3.17 Application for order (1) Subclause (2) applies if money has been, or is to be, paid into court in a proceeding under— 386 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 3—continued Subpart 3—continued (2) an order of the court; or a provision of these rules.
(a) (b) If this subclause applies, a party to the proceeding may apply to the court for an order directing the Registrar to invest the money on whatever security or securities the court thinks just.

5 (3) Unless the court otherwise orders, an application may not be made until 15 working days after the money has been paid into court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.17 (as substituted by 2008 No 90 s 8) 10 3.18 Powers of court in relation to application (1) The court may, when making an order for investment of money under rule 3.17,— (a) (b) direct that the security on which the money is invested must be taken in the name of the Registrar alone or with 15 another person the court nominates; and also give— (i) directions as to the form and the terms of the security; and any other directions as may appear necessary or 20 expedient.
(ii) (2) An order may be varied by the court on the application of a party to the proceeding.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.18 (as substituted by 2008 No 90 s 8) 25 3.19 Disposal of securities and income (1) The court may, on the application of a party to a proceeding, direct that— (a) the security on which money is invested under rule 3.17 be transferred to a party or parties in the shares or pro- 30 portions the court thinks just; or 387 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 3—continued Subpart 3—continued (b) (c) the security be converted into money and the resulting capital and income be paid to a party or parties in the shares or proportions the court thinks just; or the capital be paid to a party or parties and the income be paid to another party or parties in the shares or pro- 5 portions the court thinks just.
(2) An application may be made— (a) (b) at the time of making an order under rule 3.17; or at a later time.

(3) Unless the court directs otherwise, the income received from 10 an investment under an order under rule 3.17 must be paid to the party or parties who are found by the court to be entitled to the capital, in the shares or proportions the court thinks just.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 3.19 (as substituted by 2008 No 90 s 8) 15 Part 4 Parties Subpart 1—Limit on parties Limit on parties The number of persons named or joined as parties to a pro- 20 ceeding must be limited, as far as practicable, to— (a) persons whose presence before the court is necessary to justly determine the issues arising; and persons who ought to be bound by any judgment given.
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.1 (as substituted by 25 2008 No 90 s 8) Subpart 2—Plaintiffs Plaintiffs Persons may be joined jointly, severally, or in the alternative as plaintiffs,— (a) if it is alleged that they have a right to relief in respect of, or arising out of, the same transaction, matter, event, 30 4.1 4.2 (1) 388 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 2—continued instrument, document, series of documents, enactment, or bylaw; and if each of those persons brought a separate proceeding, a common question of law or fact would arise.
(2) On the application of a defendant, the court may, if it considers 5 (b) a joinder may prejudice or delay the hearing of a proceeding, order separate trials or make any order it thinks just.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.2 (as substituted by 2008 No 90 s 8) Subpart 3—Defendants 10 4.3 Defendants (1) Persons may be joined jointly, individually, or in the alterna- tive as defendants against whom it is alleged there is a right to relief in respect of, or arising out of, the same transaction, matter, event, instrument, document, series of documents, en- 15 actment, or bylaw.
It is not necessary for every defendant to be interested in all relief claimed or every cause of action.

The court may make an order preventing a defendant from be- ing embarrassed or put to expense by being required to attend 20 part of a proceeding in which the defendant has no interest.
(2) (3) (4) A plaintiff who is in doubt as to the person or persons against whom the plaintiff is entitled to relief may join 2 or more per- sons as defendants with a view to the proceeding determin- ing— (a) (b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.3 (as substituted by 2008 No 90 s 8) which (if any) of the defendants is liable; and to what extent.
25 389 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 4—Third, fourth, and subsequent parties Third parties 4.4 (1) A defendant may issue a third party notice if the defendant 5 claims any or all of the following: (a) (c) (b) that the defendant is entitled to a contribution or an in- demnity from a person who is not a party to the pro- ceeding (a third party): that the defendant is entitled to relief or a remedy re- lating to, or connected with, the subject matter of the 10 proceeding from a third party and the relief or remedy is substantially the same as that claimed by the plaintiff against the defendant: that a question or issue in the proceeding ought to be determined not only between the plaintiff and the de- 15 fendant but also between— (i) (ii) (iii) that there is a question or an issue between the defen- 20 dant and the third party relating to, or connected with, the subject matter of the proceeding that is substantially the same as a question or an issue arising between the plaintiff and the defendant.
(2) A third party notice must be issued within— the plaintiff, the defendant, and the third party; or the defendant and the third party; or the plaintiff and the third party: (d) 25 (a) 10 working days after the expiry of the time for filing the defendant’s statement of defence; or a longer time given by leave of the court.

(3) A third party notice may be issued only with the leave of the (b) court if an application for judgment is pending under rule 12.2 30 or 12.3.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.4 (as substituted by 2008 No 90 s 8) 390 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 4—continued Fourth parties 4.5 (1) A third party claiming any or all of the matters in rule 4.4(1) in relation to a person who is not a party to the proceeding (a fourth party) may issue a fourth party notice.
(2) A fourth party notice must be issued within— (a) (b) 10 working days after the expiry of the time for filing the third party’s statement of defence; or a longer time given by leave of the court— (i) on an application on notice to all existing parties; or (ii) with the written consent of all existing parties.

(3) Rule 4.4(3) applies to fourth party notices.


Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.5 (as substituted by 2008 No 90 s 8) Subsequent parties 4.6 (1) A fourth party who claims any or all of the matters in rule 4.4(1) in relation to a person who is not a party to the proceed- ing (a subsequent party) may issue a subsequent party notice and so on.
5 10 15 (2) A subsequent party notice may be issued only with— 20 (3) (a) (b) the written consent of all existing parties; or the leave of the court made on an application on notice to all existing parties.

Rules 4.4(3) and 4.5(2) apply, with all necessary modifica- tions, to subsequent party notices.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.6 (as substituted by 2008 No 90 s 8) Status of third, fourth, and subsequent parties 4.7 (1) A third, fourth, or subsequent party is a party to the proceeding from the time a notice is served on that party.

25 30 391 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 4—continued (2) A third, fourth, or subsequent party has the same rights of defence as a defendant to the proceeding.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.7 (as substituted by 2008 No 90 s 8) 4.8 Court’s power and discretion (1) On an application seeking leave to issue a third, fourth, or sub- sequent party notice, the court must have regard to all relevant circumstances, including delay to the plaintiff.

5 (2) On the making of an application of that kind, the court may grant or refuse leave or grant leave on just terms.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.8 (as substituted by 2008 No 90 s 8) 10 4.9 Application of third party notice rules to fourth and subsequent party notices Rules 4.10 to 4.17 apply, with all necessary modifications, to 15 fourth and subsequent party notices.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.9 (as substituted by 2008 No 90 s 8) 4.10 Requirements of third party notice (1) A third party notice must be signed by the defendant and in- 20 form the third party of— (a) (b) (c) the plaintiff’s claim against the defendant; and the defendant’s claim against the third party; and the steps the third party is required to take if the third party wishes to dispute either claim; and the consequences that will follow if the third party fails to dispute either claim.
(2) A third party notice may be in form G 14.

(d) 25 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.10 (as substituted by 2008 No 90 s 8) 30 392 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 4—continued (2) 4.11 Filing of third party notice (1) A third party notice must be filed in the court together with a statement of the defendant’s claim against the third party.
The statement of claim must— (a) (b) comply with rules 5.27 to 5.35; and state the nature of the question or issue to be deter- mined; and state the nature and extent of any relief or remedy claimed against the third party.
(c) 5 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.11 (as substituted 10 by 2008 No 90 s 8) 4.12 Service on third party A defendant must, within 25 working days after the date of the filing of the third party notice or the date of the order granting leave to issue the third party notice, serve the following on the 15 third party: (a) (b) a copy of the third party notice: a copy of the defendant’s statement of claim against the third party: a copy of the plaintiff’s statement of claim: a copy of the notice of proceeding: a copy of the defendant’s statement of defence or ap- pearance: a list of other documents that have been served— by the plaintiff on the defendant; or (i) by the defendant on the plaintiff.
(ii) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.12 (as substituted by 2008 No 90 s 8) 20 25 (c) (d) (e) (f) 4.13 Service on plaintiff (1) The defendant must, within 25 working days after the date 30 of the filing of the third party notice or the date of the order granting leave to issue the third party notice, serve the plaintiff with— (a) a copy of the third party notice; and 393 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 4—continued (2) (b) a copy of the defendant’s statement of claim against the third party.
The plaintiff must not, without the leave of the court, do the following until the expiry of the time for the third party to file a defence: (a) (b) enter judgment in the proceeding; or apply for the allocation of a hearing date for the pro- ceeding.

(3) An application for leave to the court must be made on notice— to the defendant; and if the third party has been served, to the third party.
(a) (b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.13 (as substituted by 2008 No 90 s 8) 5 10 4.14 Filing and service of statement of defence (1) A statement of defence by a third party must be filed and 15 served within 25 working days after the date of service of the third party notice.
(1A) Subclause (1) is subject to rule 6.35 (which, unless the court otherwise orders, requires a defendant who has been served out of New Zealand to file a statement of defence within 30 20 working days from the date of service).

(2) A third party must serve a copy of the third party’s statement of defence on the plaintiff and the defendant.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.14 (as substituted by 2008 No 90 s 8) 25 4.15 Service of application for leave If an application to the court for leave to issue a third party notice is required, it must be served on the other parties to the proceeding.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.15 (as substituted 30 by 2008 No 90 s 8) 394 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 4—continued 4.16 Setting aside third party notice (1) A third party may apply to the court to have a third party notice issued and served with the leave of the court set aside.
(2) A party to a proceeding served with a third party notice issued (3) and served without leave of the court may apply to the court 5 to have the notice set aside.

In either case, the court may— (a) on the merits; or set the third party notice aside and dismiss the defen- dant’s statement of claim against the third party— (i) (ii) without prejudice to the right of the defendant to pursue that claim against the third party in an independent proceeding; or 10 give other directions.
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.16 (as substituted 15 by 2008 No 90 s 8) 4.17 Default in filing statement of defence (1) A third party defaulting in filing a statement of defence— (a) (b) admits the validity of, and is bound by,— (i) any judgment (whether by consent, default, or 20 otherwise) given in the proceeding; and any decision on a question specified in the defen- dant’s statement of claim; and (ii) admits liability if a contribution, indemnity, relief, or remedy is claimed against the third party in the defen- 25 dant’s statement of claim.
(2) Subclause (1) does not apply in third party proceedings against the Crown, unless— (a) an application is made to that effect and the court orders it; and the application was served on the Crown not less than 5 working days before the day for hearing the application.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.17 (as substituted by 2008 No 90 s 8) (b) 30 395 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 5—Claims between defendants 4.18 Right to give notice If a defendant claims against another defendant in circum- stances in which (had that other defendant not been a defen- dant) it would be permissible to issue and serve a third party 5 notice on that other defendant, the claiming defendant may, at any time before the close of pleadings date for the proceeding, file and serve that other defendant and the plaintiff with a no- tice to that effect.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.18 (as substituted 10 by 2008 No 90 s 8) 4.19 Statement of claim to be filed and served (1) A defendant who files a notice under rule 4.18 must file and serve with it a statement of that defendant’s claim against the other defendant.
The statement of claim— (a) must comply with the requirements of subpart 6 of Part (2) 15 (b) 5; and in particular, must state the nature of the question or issue sought to be determined and the nature and extent 20 of any relief or remedy claimed against the other defen- dant.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.19 (as substituted by 2008 No 90 s 8) 4.20 Statement of defence (1) Unless a defendant served with a notice under rule 4.18 wishes to raise an affirmative defence to the claim made against that defendant by the defendant serving the notice, it is not neces- sary to file a statement of defence to that claim.
25 (2) A statement of defence to a claim made in a notice served 30 under rule 4.18 must, within 10 working days after the day of service of the notice, be filed and served— (a) on the defendant serving the notice; and 396 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 5—continued on the plaintiff.
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.20 (as substituted by 2008 No 90 s 8) 4.21 Form of notice (1) A notice filed and served under rule 4.18 must be in form G 15.

5 (2) Every such notice must be signed by the defendant or the de- fendant’s solicitor.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.21 (as substituted by 2008 No 90 s 8) 4.22 Effect of omission to give notice 10 Even if a defendant has not given a notice under rule 4.18 the court may give any judgment or grant any relief in favour of that defendant that might have been given or granted in the absence of that rule.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.22 (as substituted 15 by 2008 No 90 s 8) Subpart 6—Impact of certain capacities 4.23 Trustees, executors, and administrators (1) Trustees, executors, and administrators may sue and be sued on behalf of, or as representing, the property or estate of which 20 they are trustees, executors, or administrators.
There is no need to join persons beneficially interested in a trust or an estate to a proceeding because the trustees, execu- tors, and administrators represent those persons.

(2) (3) However, the court may, at any stage, order that a beneficially 25 interested person be made a party, either in addition to or in- stead of the trustees, executors, or administrators.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.23 (as substituted by 2008 No 90 s 8) 397 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 6—continued 4.24 Persons having same interest One or more persons may sue or be sued on behalf of, or for the benefit of, all persons with the same interest in the subject matter of a proceeding— (a) with the consent of the other persons who have the same 5 interest; or as directed by the court on an application made by a party or intending party to the proceeding.
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.24 (as substituted by 2008 No 90 s 8) 10 (2) 4.25 Partners (1) Any 2 or more persons making a claim as partners or alleged to be liable as partners may sue or be sued in the name of the firm (if any).
The opposite party may apply to the firm for the names of the 15 persons who are partners in the firm and, until an affidavit has been filed stating the names and addresses of the partners, all further steps in the proceeding on the part of the partners are stayed.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.25 (as substituted 20 by 2008 No 90 s 8) 4.26 Person trading as firm (1) A person carrying on business in the name of a firm may be sued in the name of the firm.
The opposite party may apply to the court for an order— (a) directing that an affidavit be filed stating the name and address of the person carrying on the business; and staying any further step in the proceeding on the part of the person carrying on the business until the affidavit has been filed.
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.26 (as substituted by 2008 No 90 s 8) 25 30 (2) 398 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 6—continued 4.27 Representation by other persons In respect of a proceeding or intended proceeding, the court may, on an application by a party or an intending party or on its own initiative,— (a) (b) (c) (d) (e) (f) (g) (h) 10 direct an executor or a trustee to represent minors, un- 5 born persons, absentees, or unrepresented persons: appoint a counsel who agrees to represent minors, un- born persons, absentees, or unrepresented persons: appoint a litigation guardian to represent a person if it appears necessary: direct the Public Trust to represent a person or class of persons: direct that the Attorney-General or the Solicitor-Gen- eral be served: direct, with the consent of the Attorney-General, that a 15 head of a government department or other officer repre- sent the public interest: direct that a local authority, public body, or other repre- sentative body represent the inhabitants of a locality or any class of persons, unless their interests, or the inter- 20 ests of a considerable section of them, may be adverse to those of the local authority, public body, or other rep- resentative body: if a local authority, public body, or other representative body is a plaintiff or a party whose interests appear to 25 be adverse to those of the inhabitants of a locality or any class of persons, or a considerable section of them, di- rect the manner in which the inhabitants, class, or sec- tion are to be represented.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.27 (as substituted 30 by 2008 No 90 s 8) 399 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 6—continued 4.28 Relators (1) In this rule, a relator is a person who has been approved by the Attorney-General to bring a proceeding in the name of the Attorney-General.

(2) A person who seeks to bring a proceeding in the name of the 5 Attorney-General must obtain the approval of the Attorney- General.
(3) A relator is liable for the costs of a proceeding.

(4) A proceeding does not come to an end because a relator or all relators die or become incapable of acting.

10 (5) However, the court may stay a proceeding until the name of a new relator, who has been approved by the Attorney-General, has been substituted.

(6) A person must not be named as a relator in a proceeding until (7) the person has authorised the solicitor issuing the proceeding 15 to name him or her as a relator.
The authority must be— (a) (b) (c) in writing; and signed by the proposed relator; and filed in the registry of the court in which the proceeding 20 is to commence.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.28 (as substituted by 2008 No 90 s 8) Subpart 7—Incapacitated persons 4.29 Incapacitated person, litigation guardian, and minor 25 defined For the purposes of these rules,— incapacitated person means a person who by reason of phys- ical, intellectual, or mental impairment, whether temporary or permanent, is— (a) not capable of understanding the issues on which his or her decision would be required as a litigant conducting proceedings; or 30 400 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 7—continued (b) unable to give sufficient instructions to issue, defend, or compromise proceedings litigation guardian (a) means— (i) a person who is authorised by or under an enact- 5 ment to conduct proceedings in the name of, or on behalf of, an incapacitated person or a minor (but only in a proceeding to which the authority extends); or a person who is appointed under rule 4.35 to con- 10 duct a proceeding; and (ii) (b) has the same meaning as the expression “guardian ad litem” minor means a person who has not attained the age of 18 years; and a person is of full age if he or she has attained the 15 age of 18 years.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.29 (as substituted by 2008 No 90 s 8) 4.30 Incapacitated person must be represented by litigation guardian 20 (2) (1) An incapacitated person must have a litigation guardian as his or her representative in any proceeding, unless the court other- wise orders.
If a person becomes an incapacitated person during a proceed- ing, a party must not take any step in the proceeding without 25 the permission of the court until the incapacitated person has a litigation guardian.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.30 (as substituted by 2008 No 90 s 8) 4.31 Minor must be represented by litigation guardian (1) A minor must have a litigation guardian as his or her represen- 30 tative in any proceeding, unless the court otherwise orders.
Subclause (1) does not apply to a minor who— (2) 401 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 7—continued (a) (b) (c) is required by an enactment to conduct a proceeding without a litigation guardian; or is permitted by an enactment to conduct a proceeding without a litigation guardian and elects to do so; or is authorised under rule 4.32 to conduct a proceeding 5 without a litigation guardian.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.31 (as substituted by 2008 No 90 s 8) 4.32 Minor may apply to conduct proceeding without litigation (1) guardian This rule applies to a minor who— (a) (b) is not required or permitted by an enactment to conduct a proceeding without a litigation guardian; and is not prohibited by an enactment from conducting a proceeding without a litigation guardian.
(2) A minor who wishes to conduct a proceeding in his or her own name may apply to the court for authorisation to conduct the proceeding without a litigation guardian.
10 15 (3) On an application under subclause (2), the court may make an order allowing the minor to conduct the proceeding without a 20 litigation guardian if it is satisfied that— (a) the minor is capable of making the decisions required or likely to be required in the proceeding; and no reason exists that would make it in the interests of the minor to be represented by a litigation guardian.
(b) 25 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.32 (as substituted by 2008 No 90 s 8) 4.33 Application of rules 4.34 to 4.46 to minors Rules 4.34 to 4.46 apply to a minor to whom rule 4.31(1) ap- plies, and every reference in those rules to an incapacitated 30 person must be read as if it were also a reference to a minor.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.33 (as substituted by 2008 No 90 s 8) 402 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 7—continued 4.34 Court may set aside step in proceeding The court may set aside a step in a proceeding if an incapaci- tated person did not have a litigation guardian when that step was taken and the court considers that the incapacitated per- son was unfairly prejudiced.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.34 (as substituted by 2008 No 90 s 8) 5 4.35 Appointment of litigation guardian (1) (2) (3) (4) This rule applies if an incapacitated person does not have a litigation guardian within the meaning of paragraph (a)(i) of 10 the definition of litigation guardian in rule 4.29.
The court may appoint a litigation guardian if it is satisfied that— (a) the person for whom the litigation guardian is to be ap- pointed is an incapacitated person; and the litigation guardian— (i) (b) 15 is able fairly and competently to conduct pro- ceedings on behalf of the incapacitated person; and does not have interests adverse to those of the 20 incapacitated person; and consents to being a litigation guardian.
(ii) (iii) In deciding whether to appoint a litigation guardian, the court may have regard to any matters it considers appropriate, including the views of the person for whom the litigation 25 guardian is to be appointed.

The court may appoint a litigation guardian under this rule at any time— (a) (b) on its own initiative; or on the application of any person, including a person 30 seeking to be appointed as litigation guardian.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.35 (as substituted by 2008 No 90 s 8) 403 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 7—continued 4.36 Application to be served on person for whom litigation guardian is to be appointed (1) Unless the court otherwise orders, an application under rule 4.35— (a) may be made without notice; and (b) must be served on the person for whom the litigation 5 guardian is to be appointed.
(2) When the person for whom the litigation guardian is to be ap- pointed is a minor,— (a) (b) subclause (1)(b) does not apply; and unless the court otherwise orders, the application must be served instead on— (i) (ii) the minor’s parent or guardian; or if there is no parent or guardian, a person of full age who has the care of the minor or with whom 15 the minor lives.
10 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.36 (as substituted by 2008 No 90 s 8) 4.37 Notification of appointment (1) A litigation guardian within the meaning of paragraph (a)(i) of 20 the definition of litigation guardian in rule 4.29 must file a copy of the order or other document that empowers him or her to conduct the proceeding, at the same time as the first document relating to the proceeding is filed.
(2) A person appointed under rule 4.35 as a litigation guardian of 25 a party to a proceeding must give notice of the appointment to other parties in the proceeding as soon as practicable after the appointment.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.37 (as substituted by 2008 No 90 s 8) 30 404 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 7—continued 4.38 Powers of litigation guardian A litigation guardian may do anything in relation to a proceed- ing that the incapacitated person could do if he or she were not incapacitated.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.38 (as substituted 5 by 2008 No 90 s 8) 4.39 Heading on documents when incapacitated person is represented The heading of a document filed in a proceeding in which an incapacitated person is represented by a litigation guardian 10 must state— (a) the name of the incapacitated person followed by the words “by his (or her) litigation guardian”; and the litigation guardian’s name.
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.39 (as substituted 15 by 2008 No 90 s 8) 4.40 Service of documents (1) A party who knows that an incapacitated person has a litigation guardian must serve any document in a proceeding— (a) on the litigation guardian, unless the litigation guardian 20 has filed an address for service: (b) where the litigation guardian has filed an address for service, at that address for service.
(2) (3) Subclause (3) applies to a party who believes on reasonable grounds that a person is an incapacitated person but does not 25 know if that person has a litigation guardian.
The party— (a) may apply to the court for the appointment of a litigation guardian under rule 4.35; and (b) may apply for directions as to service; and 30 405 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 7—continued (c) must serve any documents in the proceeding in accord- ance with any directions as to service.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.40 (as substituted by 2008 No 90 s 8) 4.41 Representation to be disregarded in making award of costs 5 The fact that an incapacitated person is, or has been, repre- sented by a litigation guardian must be disregarded in making an award of costs under the rules in favour of or against the incapacitated person.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.41 (as substituted 10 by 2008 No 90 s 8) 4.42 Award of costs enforceable against incapacitated person or litigation guardian (1) Unless the court otherwise orders, an award of costs made against an incapacitated person may be enforced against any 1 15 or more of the following: (a) (b) the incapacitated person: the person who is the litigation guardian of the incapaci- tated person at the time the costs determination is made: a person against whom an order for indemnity or con- 20 tribution has been made under rule 4.43, to the extent of the amount of the indemnity or contribution.
(c) (2) Unless the court otherwise orders, a litigation guardian is en- titled to be reimbursed out of the property of the incapacitated person for any costs paid under subclause (1)(b) or (c).
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.42 (as substituted by 2008 No 90 s 8) 4.43 Liability of former litigation guardian for costs subsequently awarded against incapacitated person The court may make an order— (a) directing a person who has ceased to be a litigation guardian of an incapacitated person (a former litiga- tion guardian) to indemnify the incapacitated person or 25 30 406 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 7—continued (b) a current litigation guardian for any costs subsequently awarded against the incapacitated person in relation to steps taken in the proceeding by the former litigation guardian: directing a former litigation guardian to indemnify the 5 incapacitated person or the current litigation guardian on a basis specified by the court for any costs subse- quently awarded against the incapacitated person in re- lation to steps taken in the proceeding after the former litigation guardian ceased to be the litigation guardian: directing the former litigation guardian to make a con- tribution to the costs referred to in paragraph (a) or (b): declaring that the former litigation guardian is not liable for any of the costs referred to in paragraph (a) or (b).
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.43 (as substituted 15 by 2008 No 90 s 8) (d) (c) 10 (2) 4.44 Compliance with liability order (1) A former litigation guardian may be required by the incapaci- tated person or the current litigation guardian to give effect to an order made under paragraph (a), (b), or (c) of rule 4.43.
The court may, on the application of a former litigation guardian, declare that the former litigation guardian is not required to comply with that order if it is satisfied, having regard to circumstances occurring after the order was made, that it is no longer just that the former litigation guardian be 25 required to comply with the order.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.44 (as substituted by 2008 No 90 s 8) 20 4.45 Litigation guardian may be reimbursed for costs out of property of incapacitated person Unless the court otherwise orders, a litigation guardian is en- titled to be reimbursed out of the property of the incapacitated person for any costs (including solicitor and client costs) paid 30 407 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 7—continued or incurred, or that are to be paid or incurred, by the litigation guardian on behalf of the incapacitated person.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.45 (as substituted by 2008 No 90 s 8) 4.46 Retirement, removal, or death of litigation guardian (1) A litigation guardian may retire only with the leave of the 5 court.

(2) Unless the court otherwise orders, the appointment of a liti- gation guardian under rule 4.35 ends if another person is sub- sequently authorised by or under an enactment to conduct the 10 proceeding in the name of, or on behalf of, the incapacitated person.
(3) A litigation guardian may be removed by the court when it is (4) in the interests of the person he or she represents.

In the case of retirement, removal, or death of a litigation 15 guardian, no further step may be taken in the proceeding with- out the leave of the court until the incapacitated person is rep- resented by another litigation guardian.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.46 (as substituted by 2008 No 90 s 8) 20 4.47 Procedure when person ceases to be incapacitated person The court must make an order terminating the appointment of a (1) litigation guardian if it is satisfied that the person the litigation guardian represents is no longer an incapacitated person.
The court may make an order at any time— (a) (b) (2) on its own initiative; or on the application of— (i) (ii) (iii) the incapacitated person; or his or her litigation guardian; or a party.
25 30 (3) From the date of the order,— 408 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 7—continued (a) (b) all subsequent steps in the proceeding must be carried on by the person formerly represented by the litigation guardian; and the person formerly represented by the litigation guardian is liable for all the costs of the proceeding (in- 5 cluding solicitor and client costs) in the same manner as if he or she had commenced the proceeding or had become a party to the proceeding when he or she was not an incapacitated person.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.47 (as substituted 10 by 2008 No 90 s 8) 4.48 Procedure when minor attains full age (1) A minor who attains full age must file and serve an affidavit confirming that he or she is no longer a minor.
(2) Unless the court otherwise orders, from the date a minor attains 15 full age— (a) (b) (c) the appointment of his or her litigation guardian ends; and all subsequent steps in the proceeding must be carried on by that person; and that person is liable for all the costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced the proceeding or had become a party to the proceeding when he or she was not a minor.
20 25 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.48 (as substituted by 2008 No 90 s 8) Subpart 8—Change of parties by death, bankruptcy, or devolution 4.49 Proceeding not to come to end (1) A proceeding does not come to an end on the death or bankruptcy of a party if a cause of action survives or continues.
30 409 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 8—continued (2) A proceeding does not become defective because of the as- signment, creation, or devolution of an estate or a title when the proceeding is pending.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.49 (as substituted by 2008 No 90 s 8) 4.50 Procedure on death, bankruptcy, and devolution In the case of death, bankruptcy, or devolution of an estate of a party to a proceeding by operation of law in circumstances where the complete settlement of all the questions involved in the proceeding is necessary, the court— (a) must order that a personal representative, trustee, or other successor to the interest (if any) of that party be made a party to the proceeding, or be served with no- tice of it, in the prescribed manner and form on terms it thinks just; and (b) may make orders it thinks just for the disposal of the proceeding.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.50 (as substituted by 2008 No 90 s 8) 4.51 Devolution when proceeding pending 5 10 15 20 A proceeding may be continued by or against a person to or on whom an estate or title is assigned, created, or devolved if the assignment, creation, or devolution takes place when a proceeding is pending.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.51 (as substituted 25 by 2008 No 90 s 8) 4.52 New parties order (1) Subclause (2) applies if, after a proceeding has commenced, there is an event causing a change or transmission of interest or liability (including death or bankruptcy) or an interested per- 30 son comes into existence, making it necessary or desirable— (a) (b) that a person be made a party; or an existing party be made a party in another capacity.
410 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 8—continued (3) (2) An application without notice may be made for an order that the proceeding be carried on between the continuing parties and the new party (a new parties order).

The new parties order must, unless the court otherwise directs, be served on— (a) (b) the continuing parties to the proceeding; and each new party, unless the person making the applica- tion is the only new party.
5 (4) The new parties order is binding on a person served from the time of service.

10 (5) A person who is not already a party who is served with a new parties order must file a statement of defence in the same time frame and manner as a person served with a statement of claim.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.52 (as substituted by 2008 No 90 s 8) 15 4.53 Discharge or variation of new parties order (1) A person may apply to the court to discharge or vary a new parties order within 10 working days from the service of the order.
(2) An incapacitated person who is served with a new parties order 20 who does not have a litigation guardian may apply to the court within 10 working days from the appointment of a litigation guardian for the new parties order to be discharged or varied.

(3) Until the period of 10 working days has expired, the new par- ties order has no force or effect on the incapacitated person.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.53 (as substituted by 2008 No 90 s 8) 25 Subpart 9—Adjusting parties 4.54 Change of name A party’s name that is incorrectly stated in pleadings or 30 changed by marriage, civil union, deed poll, or other means, may be amended, without an application to the court, by a 411 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 9—continued notice signed by the party and filed and served on all other parties.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.54 (as substituted by 2008 No 90 s 8) 4.55 Parties wrongly joined (1) A proceeding is not defeated by reason of parties having been 5 wrongly joined.

(2) Despite a misjoinder, the court may deal with a proceeding in accordance with the rights and interests of the parties.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.55 (as substituted 10 by 2008 No 90 s 8) 4.56 Striking out and adding parties (1) A Judge may, at any stage of a proceeding, order that— (a) (b) the name of a party be struck out as a plaintiff or de- fendant because the party was improperly or mistakenly 15 joined; or the name of a person be added as a plaintiff or defendant because— (i) (ii) the person ought to have been joined; or the person’s presence before the court may be 20 necessary to adjudicate on and settle all questions involved in the proceeding.
(2) An order does not require an application and may be made on terms the court considers just.

(3) Despite subclause (1)(b), no person may be added as a plaintiff 25 without that person’s consent.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.56 (as substituted by 2008 No 90 s 8) Subpart 10—Interpleader 4.57 Interpretation 30 In this rule and rules 4.58 to 4.64, unless the context otherwise requires,— 412 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 10—continued applicant means a person or an officer entitled under rule 4.58 to apply to the court for relief under rule 4.63 claimant means a person claiming against an applicant in terms of rule 4.58 execution creditor means a person who has issued an enforce- 5 ment process under Part 17 execution debtor means a person against whose property an enforcement process has been issued under Part 17.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.57 (as substituted by 2008 No 90 s 8) 10 (2) 4.58 Right to interplead (1) When a person (A) who is under a liability in respect of a debt or in respect of any money or chattels is, or expects to be, sued for or in respect of the debt, money, or chattels by 2 or more persons making adverse claims, A may apply to the 15 court, on notice to the persons making the adverse claims, for relief under rule 4.63.
If a person (B) who is not a person against whom a sale order (described in rule 17.62) or a possession order (described in rule 17.80) is issued claims money or chattels taken or in- 20 tended to be taken by an officer giving effect to either of those orders, or the proceeds or value of those chattels, the officer may apply to the court, serving notice on the execution cred- itor, the execution debtor, and B for relief under rule 4.63.
Subclause (2) applies— (a) whether or not there has been a return of the order; and (b) whether or not a proceeding has been commenced (3) 25 against the officer in respect of the money or chattels.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.58 (as substituted by 2008 No 90 s 8) 30 4.59 Form of application (1) When a claimant has issued a proceeding against the applicant in respect of the debt or money or chattels referred to in rule 413 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 10—continued (2) (3) 4.58(1), and in cases within rule 4.58(2), the application must be an interlocutory application in the proceeding.
Subject to rules 4.61 to 4.64, subpart 2 of Part 7 of these rules applies to the application.

In other cases the application must be made by filing and serv- 5 ing a statement of claim and notice of proceeding under Part 5.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.59 (as substituted by 2008 No 90 s 8) 4.60 Affidavit in support (1) An application under rule 4.58 must be supported by an affi- 10 davit stating— (a) (b) (c) (d) that the applicant claims no interest in the subject matter in dispute other than the charges or costs; and that adverse claims (of which details must be given) have been made by the claimants and the steps already 15 taken by the respective claimants in support of their claims; and that the applicant is not colluding with any of the claimants to that subject matter; and that the applicant is willing to pay or transfer that sub- 20 ject matter into court or dispose of it as the court may direct.
(2) A copy of the affidavit must be served on each claimant when the application under rule 4.58 is served.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.60 (as substituted 25 by 2008 No 90 s 8) 4.61 Time for applying (1) If a claimant has commenced a proceeding against the appli- cant to enforce the claim, an application under rule 4.58 must be made before a statement of defence has been filed by the 30 applicant.
414 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 10—continued (2) If no statement of defence has been filed by the applicant, it must be made before judgment has been entered against the applicant.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.61 (as substituted by 2008 No 90 s 8) 5 4.62 Claimants to file affidavits (1) Subject to subclauses (2) and (3), a claimant who wishes to justify a claim must, within 5 working days after service of an application made under subclause (1) or (2) of rule 4.58, file and serve on other claimants and on the applicant an affidavit 10 stating the facts and matters relied on.
(2) When, in accordance with rule 4.59(3), a statement of claim and notice of proceeding have been filed and served together with an affidavit under rule 4.60, the claimant must file and serve a statement of defence with the claimant’s affidavit.

If the claimant, had the claimant been a defendant, might have filed an appearance under rules 5.49 to 5.51, the claimant may, instead of filing and serving an affidavit under subclause (1), file and serve an appearance.
(3) 15 (4) An appearance filed and served under subclause (3), for all 20 the purposes of rules 4.63 and 4.64, has effect as though the claimant were a defendant in a proceeding brought by the ap- plicant or by any other claimant referred to in the appearance.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.62 (as substituted by 2008 No 90 s 8) 25 (2) 4.63 Powers of court (1) Upon hearing an application under rule 4.58, the court may make whatever orders and directions justice requires.
In particular, and without limiting subclause (1), the court may— (a) (b) stay a proceeding commenced by a claimant: bar the claim of a claimant who has not filed and served either— 30 415 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 4—continued Subpart 10—continued (i) rule justifying the claim under an affidavit 4.62(2); or an appearance under rule 4.62(3): 5 (ii) adjudicate upon the competing claims on the affidavits filed, or adjourn the application for that purpose: if the question appears to be one of law only, direct that the question be determined by the court: direct the trial of the issues involved by the method that the court directs: order that one of the claimants commence a proceeding 10 against any other or others to try the question involved or, if a proceeding has been commenced by a claimant, order that any other claimant be joined as a defendant to that proceeding: order that the chattels in dispute or any part of them be 15 sold, and that the proceeds of the sale be applied in such manner and on such terms as are just.
(c) (d) (e) (f) (g) (3) (4) Subclause (4) applies to a claimant who has been served with an application and— (a) (b) does not appear on the hearing of the application; or having appeared, fails or refuses to comply with an order.
20 The court may make an order declaring that the claimant and all persons claiming under that claimant may not continue or subsequently prosecute that claim against the applicant and all 25 persons claiming under the applicant but that order does not affect the rights of the claimants as between themselves.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.63 (as substituted by 2008 No 90 s 8) 4.64 Costs of applicant (1) Unless the court otherwise orders, an applicant is entitled to the indemnity costs (as defined by rule 14.6(1)(b)) of and in- cidental to the application.
30 416 (2) (3) 5.1 (1) Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 4—continued Subpart 10—continued The court may order that the applicant’s costs be paid by any 1 or more of the claimants and may apportion the liability be- tween any 2 or more claimants, as it thinks just.

The court may charge any property in dispute, or the proceeds of the sale of it, or both, with payment of the costs of the 5 applicant.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 4.64 (as substituted by 2008 No 90 s 8) 10 15 Part 5 Commencement of proceedings and filing of documents Subpart 1—Proper registry of court Identification of proper registry The proper registry of the court, for the purposes of rules 5.25 and 19.7, is,— (a) when a sole defendant is resident or has a principal place of business in New Zealand, the registry of the court nearest to the residence or principal place of business of the defendant, but when there are 2 or more defendants, the proper registry is determined by reference to the 20 first-named defendant who is resident or has a principal place of business in New Zealand: (c) (b) when no defendant is resident or has a principal place of business in New Zealand, the registry the plaintiff selects: when the Crown is a defendant, the registry nearest to the place where the cause of action or a material part of it arose: despite paragraphs (a) to (c), the court at Wellington in the case of proceedings that consist of or include 1 or 30 more of the following kinds of action or application: (i) an application for judicial review under the Part 3 of the Judicature Modernisation Act 2013 (d) 25 417 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 1—continued that arises out of, or relates to, the making of a designation under the Terrorism Suppression Act 2002: an application for, or in the nature of, an extra- ordinary remedy under Part 30 of these rules 5 that arises
 out of, or relates to, the making of a designation under the Terrorism Suppression Act 2002: an application under section 35, 47E, or 55 of the Terrorism Suppression Act 2002: 10 (ii) (iii) (e) despite paragraphs (a) to (c), the court at Wellington or the court at Auckland in the case of applications under the Immigration Act 2009 in proceedings involv- ing classified information.
(3) (2) Despite subclause (1)(a), if the place where the cause of action 15 sued on, or some material part of it, arose is nearer to the place where the plaintiff or the plaintiff first-named in the statement of claim resides than to the place where the defendant resides, the proper registry of the court for the purposes of subclause (1) is, at the option of the plaintiff or the plaintiff first-named, 20 as the case may be, the registry nearest to the residence of the plaintiff or the plaintiff first-named, as the case may be.
If a plaintiff proposes to exercise the option conferred by sub- clause (2), the plaintiff must file with the statement of claim and notice of proceeding an affidavit by the plaintiff or the 25 plaintiff’s solicitor stating the place where the cause of action or the material part of it arose, and that that place is nearer to the place where the plaintiff or the plaintiff first-named in the statement of claim resides than to the place where the defen- dant resides.
If it appears to a Judge, on application made, that the statement of claim has been filed in the wrong registry of the court, he or she may direct that the statement of claim or all documents filed in the proceeding be transferred to the proper registry.
(4) 30 418 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 1—continued (5) If it appears to a Judge, on application made, that a different registry of the court would be more convenient to the parties, he or she may direct that the statement of claim or all docu- ments be transferred to that registry and that registry becomes the proper registry.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.1 (as substituted by 2008 No 90 s 8) Subpart 2—Formal requirements for documents (2) 5.2 Non-complying documents (1) A document that does not comply with rules 5.3 to 5.16 may be received for filing only by leave of a Judge or the Registrar.

The cost of an application under subclause (1) must be borne by the party making it, and may not be claimed as costs against another party under Part 14.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.2 (as substituted by 2008 No 90 s 8) 5.3 (1) (2) Paper The paper used must be of medium weight and good quality.

Each sheet of paper must be of international size A4.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.3 (as substituted by 2008 No 90 s 8) 5 10 15 20 5.4 Contents to be typed, etc (1) The contents of each document must be legible and clearly typewritten, printed, or produced in permanent form by photo- 25 copying.
(2) Despite subclause (1), handwriting may be used for the date (3) of the document.

Subclause (1) does not apply to the signature on a document.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.4 (as substituted by 30 2008 No 90 s 8) 419 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 2—continued 5.5 Margin (1) A margin of at least one-quarter of the width of the paper must (2) 5.6 be left on the left-hand side of each page.
If, however, the reverse side of a page is used, a margin of that width must be left on the right-hand side of that page.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.5 (as substituted by 2008 No 90 s 8) Signature to be original If a document is signed,— (a) (b) the signature must be an original signature; and immediately below the original signature, the name of the signatory must be— (i) (ii) legibly typed, printed, or stamped; or legibly written in the style of printed matter.
5 10 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.6 (as substituted by 15 2008 No 90 s 8) 5.7 Cover sheet, numbering, and fastening of document (1) The first sheet of a document must be a cover sheet, showing the matters specified in rules 5.8 and 5.11.

The cover sheet must not be numbered, even if the heading is 20 continued on another sheet under rule 5.10(2).

Each page after the cover sheet must be numbered consecu- tively, starting with the number 1.
(2) (3) (4) All sheets of a document must be securely fastened together.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.7 (as substituted by 25 2008 No 90 s 8) 5.8 Description of document (1) The cover sheet must show, immediately below the heading, an accurate description of the document.
The description must include— (a) words indicating the party by whom or on whose behalf the document is filed; and 30 (2) 420 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 2—continued (b) the words “application without notice” in the case of an application so made.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.8 (as substituted by 2008 No 90 s 8) 5.9 Heading generally All documents presented for filing must have the proper head- ing of the proceeding.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.9 (as substituted by 2008 No 90 s 8) 5.10 Format of cover sheet (1) The cover sheet of an originating document and of a notice of interlocutory application must— (a) include only— (i) (ii) (iii) (iv) the heading; and the description of the document; and if applicable, the next event date; and if applicable, the name of the Judge or Associ- ate Judge to whom the proceeding has been as- signed; and (v) the information required by rule 5.16; and leave ample space between the description of the docu- ment and the information referred to in paragraph (a)(v) for the inclusion of a minute.
(b) 5 10 15 20 (2) (3) The heading may, if necessary, be continued on another sheet.

In subclause (1)(a)(iii), next event date means, if allocated, 25 the date and nature of a hearing or conference that is to be held next after the date on which the document is filed.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.10 (as substituted by 2008 No 90 s 8) 421 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 3—Heading of court documents 5.11 Heading on statement of claim and counterclaim (1) 5 The heading of a statement of claim, and of any counterclaim intended to be served upon a person other than the plaintiff, must show— (a) (b) (c) the number of the proceeding: the registry of the court in which it is filed: if the statement of claim or counterclaim seeks relief in reliance on jurisdiction conferred by an enactment, the title of that enactment: if the relief sought in the statement of claim or counter- claim relates to the validity or interpretation of a will, the name of the testator: if the relief sought in the statement of claim or counter- claim relates to the validity or interpretation of an in- 15 strument other than a will, the name of the maker of, or the names of the parties to, the instrument and its date: if the relief sought in the statement of claim or counter- claim relates to the validity or interpretation of an en- actment, the title and the relevant section or sections of 20 the enactment: the full name, and the place of residence and occupa- tion, of every plaintiff and defendant, so far as they are known to the party presenting the document for filing.
(d) (e) (f) (g) 10 (2) (3) Form G 1 must be used for the purposes of subclause (1).

The names of parties in the heading of a statement of claim must not be repeated in the heading of a counterclaim, which may, for example, refer to the “Plaintiff and First Counterclaim Defendant”.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.11 (as substituted 30 by 2008 No 90 s 8) 25 5.12 Heading on judgment and certain orders The heading of a judgment and of an order that is required to be registered under any enactment must be the same as the 422 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 3—continued heading on the statement of claim or other document by which the proceeding was commenced.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.12 (as substituted by 2008 No 90 s 8) 5.13 Heading on other documents (1) The heading of a document to which neither rule 5.11 nor 5.12 applies may be abbreviated as follows: (a) 5 (b) (c) (d) 10 first names of persons may be denoted by initials only, unless full names are necessary to distinguish between persons having the same initials: if 2 or more persons are joined in the same interest, the name of the first-named person may be set out, followed by the words “and another” or “and others”, as the case may be: places of residence and descriptions of persons (unless 15 necessary to distinguish 2 or more persons required to be named and with the same name) and indications of the interest in which a person is a party must be omitted: the names of corporations must be set out without ab- breviation, but without stating the fact of incorporation 20 or referring to the registered office or making other add- ition.
(2) Despite subclause (1), a fuller title may be used upon change of parties or if any party considers that a person has in a previ- ous document been wrongly named or described or for other 25 sufficient reason.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.13 (as substituted by 2008 No 90 s 8) 5.14 Division into paragraphs (1) Every document presented for filing must be divided into para- 30 graphs which must be numbered consecutively, starting with the number 1.
423 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 3—continued (2) Each paragraph must so far as possible be confined to a single topic.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.14 (as substituted by 2008 No 90 s 8) 5.15 Numbers 5 Numbers must be expressed in figures and not in words.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.15 (as substituted by 2008 No 90 s 8) 5.16 Information at foot of cover sheet (1) The following information must appear at the foot of the cover 10 sheet of every document for filing: (a) the name of the solicitor or firm of solicitors (if any) presenting it for filing and the name of any agent by whom the document is filed; and (b) when the document is presented for filing by or on be- 15 half of a solicitor or firm of solicitors,— (i) the name and telephone number of the principal or employee dealing with the proceeding; and the address of any post office box or document exchange used by the solicitor or firm; and any fax number and any email address used by the solicitor or firm.
(ii) (iii) (2) The fact that the name of a solicitor or firm of solicitors is sub- scribed on a document is prima facie evidence that the docu- ment was filed by that solicitor or firm of solicitors.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.16 (as substituted by 2008 No 90 s 8) 20 25 Subpart 4—Pleadings generally 5.17 Distinct matters to be stated separately (1) Distinct causes of action and distinct grounds of defence, 30 founded on separate and distinct facts, must if possible be stated separately and clearly.
424 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 4—continued (2) If a party alleges a state of mind of a person, that party must give particulars of the facts relied on in alleging that state of mind.

(3) A state of mind includes a mental disorder or disability, malice, or fraudulent intention but does not include mere knowledge.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.17 (as substituted by 2008 No 90 s 8) 5 5.18 Denial of representative character A denial must be specific if a party wishes to deny the right of another party to claim as executor or administrator or as 10 trustee, or in a representative or other alleged capacity, or the alleged constitution of a partnership firm.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.18 (as substituted by 2008 No 90 s 8) 5.19 Denial of contract (1) A bare denial of a contract will be treated as denying only the making of the contract in fact, and a party must specifically plead an assertion as to the legality or enforceability of a con- tract, whether with reference to section 24 of the Property Law Act 2007 or otherwise, or as to the interpretation of the con- 20 tract advanced by that party.
15 (2) A party asserting that a contract is illegal or unenforceable must plead the enactment or rule of law relied on.

(3) A party asserting that the interpretation of a contract advanced by another party is wrong must assert its own interpretation.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.19 (as substituted by 2008 No 90 s 8) 25 425 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 4—continued 5.20 Effect of document to be stated If a party relies upon any document in whole or in part, it is sufficient to state its effect as briefly as possible, without setting it out, unless the precise words are material.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.20 (as substituted 5 by 2008 No 90 s 8) 5.21 Notice requiring further particulars or more explicit pleading (1) A party may, by notice, require any other party— (a) (b) to give any further particulars that may be necessary to 10 give fair notice of— the cause of action or ground of defence; or (i) (ii) the particulars required by these rules; or to file and serve a more explicit statement of claim or of defence or counterclaim.
15 (2) A notice must indicate as clearly as possible the points on (3) (4) which the pleading is considered defective.

If the party on whom a notice is served neglects or refuses to comply with the notice within 5 working days after its service, the court may, if it considers that the pleading objected to is 20 defective or does not give particulars properly required by the notice, order a more explicit pleading to be filed and served.
Even if no notice has been given under this rule, the court may on its own initiative order a more explicit pleading to be filed and served.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.21 (as substituted by 2008 No 90 s 8) 25 Subpart 5—Notice of proceeding 5.22 Notice of proceeding to be filed with statement of claim A notice of proceeding must be filed with every statement of 30 claim.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.22 (as substituted by 2008 No 90 s 8) 426 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 5—continued 5.23 Requirements as to notice of proceeding (1) The notice of proceeding must— (a) (b) be signed by the plaintiff or the plaintiff’s solicitor: state the place for the filing of a statement of defence and the time within which the statement of defence is 5 required to be filed, in accordance with these rules: warn the defendant that if a statement of defence is not filed within the required time, the plaintiff may at once proceed to judgment on the plaintiff’s claim and judg- ment may be given in the absence of the defendant.
10 (c) (2) (3) The notice of proceeding must be in form G 2 and must ad- vise the defendant of the defendant’s obligations under rule 8.4 (initial disclosure).

If the court has directed that any person other than the defen- dant named in the title of the proceeding be served, a statement 15 to that effect signed by the Registrar and setting out the name, place of residence, and occupation of that person must be an- nexed to the notice of proceeding.
(4) A memorandum signed by the Registrar in form G 3, G 4, or G 5 (whichever is appropriate) must be attached to the notice 20 of proceeding.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.23 (as substituted by 2008 No 90 s 8) 5.24 When not necessary to file notice of proceeding Despite rule 5.22, a notice of proceeding need not be filed, 25 unless the court so orders,— (a) if no relief against any person is claimed in the state- ment of claim (as, for example, in the case of a com- pany’s application to be put into liquidation by the court, or a person’s application to be adjudicated bankrupt); or 30 if service of the notice is dispensed with— (i) (ii) by statute; or under these rules; or (b) 427 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 5—continued (iii) by order of the court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.24 (as substituted by 2008 No 90 s 8) Subpart 6—Statement of claim 5.25 Proceeding commenced by filing statement of claim (1) A proceeding must be commenced by filing a statement of 5 (2) claim in the proper registry of the court.
Subclause (1) does not apply to— (a) (b) (c) 10 an unopposed application under Part 27: an appeal under Part 20: a proceeding commenced by originating application under Part 18, 19, or 26: an application under Part 31: a proceeding, commenced in accordance with the Trans-Tasman Proceedings Regulations and Rules 15 2013, to register under subpart 5 of Part 2 of the Trans-Tasman Proceedings Act 2010 a registrable Aus- tralian judgment.
(d) (e) (3) Despite subclause (1), the statement of claim may be filed in any registry of the court if the parties agree, by endorsement 20 on the statement of claim, to the filing of the statement of claim in that registry.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.25 (as substituted by 2008 No 90 s 8) 5.26 Statement of claim to show nature of claim 25 The statement of claim— (a) must show the general nature of the plaintiff’s claim to the relief sought; and (b) must give sufficient particulars of time, place, amounts, names of persons, nature and dates of instruments, and 30 other circumstances to inform the court and the party or parties against whom relief is sought of the plaintiff’s cause of action; and 428 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 6—continued (c) must state specifically the basis of any claim for interest (d) and the rate at which interest is claimed; and in a proceeding against the Crown that is instituted against the Attorney-General, must give particulars of the government department or officer or employee of 5 the Crown concerned.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.26 (as substituted by 2008 No 90 s 8) (2) 5.27 Statement of claim to specify relief sought (1) The statement of claim must conclude by specifying the relief 10 or remedy sought.

If the statement of claim includes 2 or more causes of action, it must specify separately the relief or remedy sought on each cause of action immediately after the pleading of that cause of action.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.27 (as substituted by 2008 No 90 s 8) 15 5.28 Inclusion of several causes of action (1) A plaintiff may include several causes of action in the same statement of claim.

(2) Despite subclause (1), claims by or against an Official As- signee in bankruptcy, or a liquidator or a receiver of a com- pany, in that capacity, must not, without leave of the court, be joined with any claim by or against that person in any other capacity.
20 25 (3) Despite subclause (1), claims by or against an executor or ad- ministrator or trustee, in that capacity, must not be joined with claims by or against that person in a personal capacity unless those personal claims are alleged to arise with reference to the estate or trust in respect of which the person sues or is sued as 30 executor or administrator or trustee.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.28 (as substituted by 2008 No 90 s 8) 429 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 6—continued 5.29 Joint plaintiffs Claims by plaintiffs jointly may be joined with separate claims by them or any of them against the same defendant.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.29 (as substituted by 2008 No 90 s 8) 5 5.30 Joining claims by or against spouses or partners Claims by or against spouses, civil union partners, or de facto partners may be joined with claims by or against either of those spouses, civil union partners, or de facto partners if the oppos- ite party is the same person.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.30 (as substituted by 2008 No 90 s 8) 5.31 Specifying relief sought (1) The relief claimed must be stated specifically, either by itself or in the alternative.

(2) Despite subclause (1), it is not necessary to ask for general or other relief but the court may, if it thinks just, grant any other relief to which the plaintiff is entitled, even though that relief has not been specifically claimed and there is no claim for general or other relief.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.31 (as substituted by 2008 No 90 s 8) 5.32 Amount of money claim A statement of claim seeking the recovery of a sum of money must state the amount as precisely as possible.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.32 (as substituted by 2008 No 90 s 8) 5.33 Special damages A plaintiff seeking to recover special damages must state their nature, particulars, and amount in the statement of claim.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.33 (as substituted by 2008 No 90 s 8) 10 15 20 25 30 430 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 6—continued 5.34 Set-off A plaintiff who wishes to allow a set-off or to give up a portion of the plaintiff’s claim must show the amount allowed or given up in the statement of claim.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.34 (as substituted 5 by 2008 No 90 s 8) 5.35 Representative capacity of party A party to a proceeding who sues or is sued in a representative capacity must show in what capacity the party sues or is sued in the statement of claim.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.35 (as substituted by 2008 No 90 s 8) 10 Subpart 7—Authority of solicitors to act 5.36 Authority to file documents (1) No solicitor may file a document on behalf of a party unless 15 the solicitor is— (a) (b) authorised by, or on behalf of, the party to file the docu- ment; and the holder of a current practising certificate as a solicitor or as a barrister and solicitor issued under section 39 of 20 the Lawyers and Conveyancers Act 2006.
(2) Subclause (1) does not prevent a person from filing a document on behalf of a party if the person is authorised by, or on behalf of, the party to file the document, and— (a) is not the holder of a current practising certificate as a 25 barrister or as a barrister and solicitor issued under sec- tion 39(1) of the Lawyers and Conveyancers Act 2006; but is allowed to appear for, or to represent, the party, in connection with the proceedings, under section 30 27(1)(b)(i) or (ii) of the Lawyers and Conveyancers Act 2006.
(b) 431 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 7—continued (3) The following rules allow certain Australian solicitors to rep- resent a party by filing certain documents: (a) rule 5.36A (documents in certain trans-Tasman pro- ceedings): rule 9.62(1)(b) (application to set aside New Zealand 5 subpoena served on witness in Australia).
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.36 (as substituted by 2008 No 90 s 8) 5.36A Authority of certain Australian solicitors in certain 10 trans-Tasman proceedings This rule applies to a defendant and a solicitor if the defen- dant is served with an initiating document in Australia under section 13 of the Trans-Tasman Proceedings Act 2010 and the solicitor is— (a) entitled to practise as a solicitor of a Supreme Court of 15 a State or Territory of Australia; and authorised by, or on behalf of, the defendant to file a document for the defendant in respect of, or in, the pro- ceeding to which the initiating document relates.
(b) The solicitor may file the document if the court has under sec- 20 tion 38 of the Trans-Tasman Proceedings Act 2010 given the solicitor leave or, as the case requires, he or she is entitled under section 23(4) of that Act, to appear remotely in 1 or more hearings relating to the proceeding.
The solicitor may file the document even though the solici- 25 tor has neither sought, nor been given, leave under section 38 of the Trans-Tasman Proceedings Act 2010 or, as the case re- quires, he or she has neither made, nor had accepted, a request under section 23(4)(c) of that Act, if the document is— (a) an appearance or response document (as defined in sec- 30 tion 17(2) of that Act); or an application under section 22 of that Act for a stay of the proceeding; or (b) (1) (2) (3) 432 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 7—continued (c) (d) (e) a request under section 23(4)(c) of that Act to appear remotely in a hearing to determine an application under section 22 of that Act; or an application for leave under section 38 of that Act; or a document related to a document, application, or re- 5 quest in any of paragraphs (a) to (d).
(4) A solicitor who files a document under subclause (3) may, even if not the holder of a current practising certificate as a barrister or as a barrister and solicitor issued under section 39(1) of the Lawyers and Conveyancers Act 2006, be the solicitor on the 10 record under rule 5.38 until— (a) (b) the court declines an application by the solicitor for leave under section 38 of that Act; or a document to which subclause (3) does not apply is filed in the proceeding by or on behalf of the defendant 15 and, when that document is filed, the court has not given the solicitor leave under section 38 of that Act.
Subclause (4) does not enable the solicitor to appear remotely in a hearing relating to the proceeding without leave under section 38 of that Act or, as the case requires, without being 20 entitled to do so under section 23(4) of that Act.
Compare: 1908 No 89 Schedule 2 r 5.36A (as inserted by r 8 of the High Court (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013) (5) 5.37 Solicitor’s warranty as to authorisation to file documents A solicitor by whom, or on whose behalf, a document is filed 25 in the court is to be treated as warranting to the court and to all parties to the proceeding that he or she is authorised, by the party on whose behalf the document purports to be filed, to file the document.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.37 (as substituted 30 by 2008 No 90 s 8) 433 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 7—continued 5.38 Solicitor on record (1) The solicitor on the record for a party to a proceeding is the solicitor whose name appears on the memorandum located at the end of the first document filed by the party in accordance with rule 5.44.

This rule is subject to rules 5.36A(4) and 5.42.


Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.38 (as substituted by 2008 No 90 s 8) 5 (2) 5.39 Authority to sign documents (1) A document required, by these rules, to be signed by a party 10 may be signed on behalf of the party by the party’s solicitor on the record unless the party’s personal signature is expressly required.

Subclause (1) does not limit the authority of counsel to sign documents.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.39 (as substituted by 2008 No 90 s 8) (2) 15 5.40 Change of representation or address for service (1) A party must file and serve on every other party to the pro- ceeding a notice of change of representation if— (a) the party has acted in person and appoints a solicitor to act for that party; or the party wishes to change that party’s solicitor; or the party for whom a solicitor has acted wishes to act in person.
(b) (c) If the party’s address for service after the change of repre- sentation will be different from that which applied before the change, the party must also serve a copy of the notice at the address that was, immediately before the change, the party’s address for service.
The notice— (a) must be signed by the party personally or by the party’s attorney; and (2) (3) 434 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 7—continued (c) (b) in the case of a notice under subclause (1)(a) or (b), must contain the information about the new solicitor required by paragraphs (b) to (e) of rule 5.44(1); and in the case of a party referred to in subclause (1)(c), must state that the party’s intention is to act in person.
For the purpose of the proceeding, the change of representa- tion takes effect on the filing of an affidavit proving service in accordance with subclause (1) and attaching and verifying a copy of the notice served.

5 (4) (5) A party may change that party’s address for service by— 10 (a) (b) filing a notice of the change showing the new address for service or specifying an address for a method of service set out in rule 6.1(1)(d); and serving a copy of the notice on every other party.
(6) A change of address for service may be combined with a notice 15 under subclause (1).

(7) A notice of change of address for service need not be filed under subclause (5)(a) if an affidavit is filed under subclause (4).

Form G 11 may be used.


Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.40 (as substituted by 2008 No 90 s 8) (8) 20 5.41 Withdrawal of solicitor who has ceased to act for party (1) If the solicitor on the record for a party to a proceeding has ceased to act for the party, the solicitor may apply to the court 25 for an order declaring that the solicitor has ceased to be the solicitor on the record for the party in that proceeding and the court may make the order.
It is not necessary to make an application if— (a) the party has effected a change of solicitor in accordance 30 with rule 5.40; or the party— (b) (2) 435 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 7—continued (i) (ii) (iii) has filed a notice stating that the party intends to act in person and the party’s new address for service; and has served a copy of the notice on the solicitor on the record and on every other party to the 5 proceeding who has given an address for service; and has filed an affidavit proving that service and at- taching and verifying a copy of the notice served.
(3) Unless subclause (2)(a) or (b) applies, the solicitor on the 10 record for a party to a proceeding, for the purposes of that proceeding, is the solicitor on the record for that party until the final conclusion of the proceeding unless and until the solicitor— (a) (b) obtains an order under subclause (1); and serves on every party to the proceeding who has given an address for service a copy of the order obtained under that subclause; and files an affidavit proving that service.
(c) Every application under subclause (1) must be made by inter- 20 locutory application and must be supported by an affidavit giv- ing the grounds of the application.
(4) 15 (5) Unless the court otherwise directs, notice of every application under subclause (1), and a copy of the affidavit in support of the application, must be served on the party for whom the so- 25 licitor acted, and that notice must inform the party of the effect that rule 5.42 will have on the party’s address for service if the solicitor obtains an order under subclause (1).
(6) An order made under subclause (1) does not affect the rights of the solicitor and the party for whom the solicitor acted as 30 between themselves.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.41 (as substituted by 2008 No 90 s 8) 436 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 7—continued 5.42 Address for service of party whose solicitor has ceased (1) (2) to act This rule applies whenever the solicitor on the record for a party has obtained an order under rule 5.41 and has complied with rule 5.41(3)(b) and (c).
The last known address of the party, or, when the party is a body corporate, its registered or principal registry is, for the purpose of serving the party with any document not required to be served personally, the party’s address for service until the party either— (a) appoints another solicitor and complies with rule 5.40; or if entitled to act in person,— (i) (b) 5 10 files a notice stating that the party intends to act in person and showing the party’s new address 15 for service or specifying an address for a method of service set out in rule 6.1(1)(d); and serves on the solicitor who obtained the order under rule 5.41 and on every other party to the proceeding who has given an address for service 20 a copy of that notice; and (ii) (iii) files an affidavit proving that service and attach- ing and verifying a copy of the notice served.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.42 (as substituted by 2008 No 90 s 8) 25 5.43 Solicitors to inform clients of orders or directions The solicitor on the record for a party must notify the party of an order or direction that affects that party promptly after it is made.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.43 (as substituted 30 by 2008 No 90 s 8) 437 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 8—Memorandum on first document 5.44 Memorandum at end of first document filed by party (1) At the end of the first document filed by a party there must be a memorandum stating— (a) (b) (c) (d) (e) that the document is filed by a party in person, or by the 5 party’s solicitor, as the case may be; and if it is filed by a solicitor,— (i) (ii) the name of the solicitor; and if the solicitor is a member of a firm or practises under a firm’s name, the name of the firm; and if it is filed by a solicitor who has another solicitor acting as the solicitor’s agent in the proceeding,— (i) the name of the agent or of the agent’s firm (if any); and the postal address of the party’s solicitor; and (ii) an address for service; and any post office box address, document exchange box number, fax number, or email address by which the so- licitor or the party in person will accept service in the course of the proceeding.
(2) The memorandum may be in one of the paragraphs of form G 10.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.44 (as substituted by 2008 No 90 s 8) Subpart 9—Security for costs 5.45 Order for security of costs (1) Subclause (2) applies if a Judge is satisfied, on the application of a defendant,— (a) that a plaintiff— (i) (ii) is resident out of New Zealand; or is a corporation incorporated outside New Zealand; or 438 10 15 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 9—continued (iii) is a subsidiary (within the meaning of section 5 of the Companies Act 1993) of a corporation incorporated outside New Zealand; or (b) that there is reason to believe that a plaintiff will be unable to pay the costs of the defendant if the plaintiff 5 is unsuccessful in the plaintiff’s proceeding.
(2) A Judge may, if the Judge thinks it is just in all the circum- stances, order the giving of security for costs.
(3) An order under subclause (2)— 15 20 (a) requires the plaintiff or plaintiffs against whom the 10 order is made to give security for costs as directed for a sum that the Judge considers sufficient— (i) (ii) by paying that sum into court; or by giving, to the satisfaction of the Judge or the Registrar, security for that sum; and (b) may stay the proceeding until the sum is paid or the security given.
(4) A Judge may treat a plaintiff as being resident out of New Zealand even though the plaintiff is temporarily resident in New Zealand.

(6) (5) A Judge may make an order under subclause (2) even if the defendant has taken a step in the proceeding before applying for security.
References in this rule to a plaintiff and defendant are ref- erences to the person (however described on the record) who, 25 because of a document filed in the proceeding (for example, a counterclaim), is in the position of plaintiff or defendant.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.45 (as substituted by 2008 No 90 s 8) 5.46 Solicitor not to be surety 30 A party’s solicitor may not be accepted as surety for a security that the party is required to give under rule 5.45(2).
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.46 (as substituted by 2008 No 90 s 8) 439 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 10—Statement of defence and appearance 5.47 Filing and service of statement of defence (1) A defendant who intends to defend the proceeding must,— (a) within the number of working days stated in the notice 5 of proceeding, file in the registry of the court named in that notice a statement of defence to the plaintiff’s claim; and serve a copy of the statement of defence on the plaintiff and any other party.
(2) Unless otherwise ordered by the court,— (b) 10 (a) (b) the place for filing the statement of defence must be the registry of the court in which the statement of claim was filed or into which it has been transferred: the time within which the statement of defence is re- 15 quired to be filed is 25 working days after the day on which the statement of claim and notice of proceeding are served on the defendant.
Subclause (2)(b) is subject to rule 6.35 (which, unless the court otherwise orders, requires a defendant who has been served 20 out of New Zealand to file a statement of defence within 30 working days from the date of service).
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.47 (as substituted by 2008 No 90 s 8) (3) 5.48 Requirements of statement of defence (1) The statement of defence must either admit or deny the alle- gations of fact in the statement of claim, but a defendant does not have to plead to an allegation that does not affect that de- fendant.

25 (2) A denial of an allegation of fact in the statement of claim must 30 not be evasive.

Points must be answered in substance.


If for example, it is alleged that the defendant received a sum of money, it is not sufficient to deny receipt of the particular amount.

Rather, the defendant must deny receipt of that sum or any part of it, or set out how much was received.

When a 35 440 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 10—continued matter is alleged with circumstances it is not sufficient to deny it as alleged with those circumstances.
In all cases a fair and substantial answer must be given.

(3) An allegation not denied is treated as being admitted.

(4) An affirmative defence must be pleaded.

(5) The statement of defence must give particulars of time, place, amounts, names of persons, nature and dates of instruments, and other circumstances sufficient to inform the court, the plaintiff, and any other parties of the defendant’s defence.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.48 (as substituted 10 by 2008 No 90 s 8) 5 5.49 Appearance and objection to jurisdiction (1) A defendant who objects to the jurisdiction of the court to hear and determine the proceeding may, within the time allowed for filing a statement of defence and instead of so doing, file and 15 serve an appearance stating the defendant’s objection and the grounds for it.
The filing and serving of an appearance does not operate as a submission to the jurisdiction of the court.

(2) (4) (3) A defendant who has filed an appearance may apply to the 20 court to dismiss the proceeding on the ground that the court has no jurisdiction to hear and determine it.
The court hearing an application under subclause (3) must,— if it is satisfied that it has no jurisdiction to hear and (a) determine the proceeding, dismiss the proceeding; but if it is satisfied that it has jurisdiction to hear and de- termine the proceeding, dismiss the application and set aside the appearance.

(b) 25 (5) At any time after an appearance has been filed, the plaintiff (6) may apply to the court by interlocutory application to set aside 30 the appearance.
The court hearing that application must,— (a) if it is satisfied that it has jurisdiction to hear and deter- mine the proceeding, set aside the appearance; but 441 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 10—continued (b) if it is satisfied that it has no jurisdiction to hear and determine the proceeding, dismiss both the application and the proceeding.
(7) To the extent that an application under this rule relates to ser- vice of process effected outside New Zealand under rule 6.27 5 or 6.28, it must be determined under rule 6.29.

(8) (7A) But both this rule and rule 6.29 are subject to section 27(1) of the Trans-Tasman Proceedings Act 2010, which provides that a New Zealand court cannot stay a civil proceeding before it on forum grounds connected with Australia otherwise than in 10 accordance with subpart 2 of Part 2 of that Act.
The court, in exercising its powers under this rule, may do so on any terms and conditions the court thinks just and, in particular, on setting aside the appearance it may extend the time within which the defendant may file and serve a statement 15 of defence and may give any directions that appear necessary regarding any further steps in the proceeding.
If the appearance set aside has been filed in relation to a pro- ceeding in which the plaintiff has applied for judgment under rule 12.2 or 12.3, the court— (a) must fix the time within which the defendant may file (9) 20 and serve— (i) (ii) a notice of opposition; and an affidavit by or on behalf of the defendant in an- swer to the affidavit by or on behalf of the plain- 25 tiff; and (b) may, under subclause (8), give any other directions that appear necessary regarding any further steps in the pro- ceeding.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.49 (as substituted 30 by 2008 No 90 s 8) 5.50 Appearance for ancillary purposes A defendant who does not oppose the plaintiff’s claim but who wishes to be heard on any ancillary matter (including costs) 442 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 10—continued may, without filing a statement of defence, file and serve an appearance stating those matters, which must not subsequently be determined without notice to that defendant.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.50 (as substituted by 2008 No 90 s 8) 5.51 Appearance reserving rights (1) This rule applies to a defendant who does not oppose the plain- tiff’s claim but who wishes to reserve the defendant’s rights— in the event that any other person may become a party (a) to the proceeding; or in the event that any person, already a party, may take some steps in the proceeding adverse to the defendant’s interests.
(b) 5 10 (2) The defendant— (a) may, without filing a statement of defence, file and serve 15 (b) an appearance reserving those rights; and is subsequently entitled to be served with all documents relevant to the rights so reserved that are filed in the proceeding by a person who is or becomes a party.
(3) A defendant who has filed an appearance under subclause (2) 20 may at any time, by leave of the court, file and serve a state- ment of defence and any other document within the time and upon any terms and conditions prescribed by the court when granting leave.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.51 (as substituted 25 by 2008 No 90 s 8) 5.52 Forms Form G 7, G 8, or G 9 (whichever is appropriate) may be used for the purpose of entering an appearance under rules 5.49 to 5.51.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.52 (as substituted by 2008 No 90 s 8) 30 443 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 11—Counterclaims 5.53 Counterclaim against plaintiff only (1) A defendant who intends to raise a counterclaim against the plaintiff only must file a statement of counterclaim in the regis- try of the court in which the statement of defence must be filed.

5 This rule is subject to rule 5.54.


Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.53 (as substituted by 2008 No 90 s 8) (2) 5.54 Heading of counterclaim A counterclaim must be headed with the word “Counterclaim” 10 but in all other respects it must conform with rule 5.11 and the rules applying to statements of claim.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.54 (as substituted by 2008 No 90 s 8) 5.55 Filing and service 15 A counterclaim must be filed in the court and a copy served on the plaintiff within the time stated in the notice of proceeding for filing a statement of defence or, if no such time is stated, within a time fixed by the court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.55 (as substituted 20 by 2008 No 90 s 8) 5.56 Defence to counterclaim (1) A plaintiff who intends to defend a counterclaim that has been served must, within 25 working days after the day on which the counterclaim is served, file a statement of defence to it and 25 serve a copy on the defendant.
The statement of defence must be headed with the words “De- fence to Counterclaim” but in all other respects it must con- form with the rules applying to statements of defence.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.56 (as substituted 30 by 2008 No 90 s 8) (2) 444 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 11—continued 5.57 Counterclaim against plaintiff and another person (1) A defendant who has a counterclaim against the plaintiff along with any other person (whether a party to the proceeding or not) for any relief relating to or connected with the original subject matter of the proceeding may, within the time allowed 5 for filing a statement of defence, file a statement of the coun- terclaim and serve a copy on the plaintiff and that other person (to be referred to as a counterclaim defendant).
Subclause (1) is subject to rule 5.61.

(2) (3) A counterclaim defendant must file a statement of defence to 10 a counterclaim within 25 working days after the day on which the counterclaim was served.

(4) A notice of proceeding in form G 2 must be served with each (5) (6) copy of a counterclaim served under subclause (1).

Rules 5.53 to 5.56 apply with respect to the counterclaim and 15 any defence to it.
The court may at any time order that a counterclaim to which subclause (1) applies be struck out, upon such terms as it thinks just, if it appears— (a) that, by reason of the counterclaim, the plaintiff is likely 20 to be unduly delayed in obtaining relief; or that the trial (if a trial is necessary) is to be held at a place where it could not be held if a counterclaim defendant had been made defendant to an independent proceeding by the defendant in respect of the subject matter of the 25 counterclaim; or that the relief sought in the counterclaim is not related to or connected with the original subject matter of the proceeding.
(b) (c) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.57 (as substituted 30 by 2008 No 90 s 8) 445 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 11—continued 5.58 Place of trial of counterclaim (1) A counterclaim must be tried at the same place as the statement of claim in the original proceeding and either simultaneously or immediately afterwards.
(2) Despite subclause (1), if it appears to the court that a counter- 5 (3) claim and the statement of claim can more fairly or conveni- ently be tried separately, it may, subject to such conditions as it thinks fit, make an order that the counterclaim be tried at some other place or time.

Subject to subclauses (1) and (2), after a counterclaim has been 10 served it must proceed in the same manner as if the defendant had commenced an independent proceeding against the plain- tiff.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.58 (as substituted by 2008 No 90 s 8) 15 5.59 Status of counterclaim if proceeding stayed If a defendant sets up a counterclaim against the plaintiff, whether alone or along with any other person, and the proceed- ing of the plaintiff is stayed, discontinued, or dismissed, that defendant may nevertheless proceed with the counterclaim.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.59 (as substituted by 2008 No 90 s 8) 20 5.60 Counterclaim by counterclaim defendant (1) Rules 5.56 to 5.59 apply to a counterclaim by a counterclaim defendant in the same way as if the counterclaim defendant 25 were a defendant in a separate proceeding brought by the de- fendant.
In a case referred to in subclause (1), the term defendant in- cludes the counterclaim defendant and the term plaintiff in- cludes the defendant who has joined the counterclaim defen- 30 dant.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.60 (as substituted by 2008 No 90 s 8) (2) 446 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 11—continued 5.61 Restriction when the Crown involved (1) (2) (3) In a proceeding by the Crown for the recovery of taxes, duties, or penalties, a defendant is not entitled to advance any set-off or counterclaim.
In a proceeding of any nature by the Crown, a defendant is not 5 entitled to advance any set-off or counterclaim arising out of a right or claim to payment in respect of any taxes, duties, or penalties.
In a proceeding by or against the Crown, being a proceeding to which neither subclause (1) nor (2) applies, a defendant is 10 not entitled, without leave of the court, to advance a set-off or counterclaim— (a) if the Crown sues or is sued either— (i) in the name of the Attorney-General on behalf of a government department or an officer or em- 15 ployee of the Crown; or in the name of a government department or an officer or employee of the Crown; and (ii) (b) if the subject matter of the set-off or counterclaim does not relate to that department or officer.
20 (4) An application for leave under subclause (3) that is made by a defendant other than the Crown must be served on the Crown not less than 5 working days before the date specified for hear- ing the application.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.61 (as substituted 25 by 2008 No 90 s 8) Subpart 12—Reply 5.62 Duty to file and serve reply If a statement of defence asserts an affirmative defence or contains any positive allegation affecting any other party, the 30 plaintiff or that other party must, within 10 working days after 447 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 12—continued the day on which that statement of defence is served, file a re- ply and serve it on the party serving the statement of defence.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.62 (as substituted by 2008 No 90 s 8) 5.63 Contents of reply (1) A reply must be limited to answering the affirmative defence or positive allegation and otherwise must comply with the rules governing statements of defence so far as they are applicable.

(2) An affirmative defence or positive allegation in a statement of defence that is not denied is treated as being admitted.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.63 (as substituted by 2008 No 90 s 8) Subpart 13—Proceedings and actions transferred from District Court 5.64 Application of rules (1) This subpart applies to every action, counterclaim, and other proceeding transferred to the court from the District Court under an order made under any of sections 268 to 273 of the Judicature Modernisation Act 2013.
5 10 15 (2) However, this subpart does not apply to a proceeding removed 20 to the court by an order made under section 271 of the Ju- dicature Modernisation Act 2013.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.64 (as substituted by 2008 No 90 s 8) 5.65 Documents to be filed in proper registry 25 If the registry of the court at which the documents are received from the District Court is not the registry in which, had the action, counterclaim, or other proceeding been commenced in the High Court, the statement of claim would have been filed in accordance with rule 5.25, the Registrar receiving the 30 448 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 13—continued documents must immediately transmit them to the Registrar at that registry for filing there.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.65 (as substituted by 2008 No 90 s 8) 5.66 On filing treated as proceeding (1) Documents filed under rule 5.65 must be treated as documents 5 (2) in a proceeding commenced under these rules.

Subject to subclause (3) and rules 5.67 and 5.68, these rules apply with all necessary modifications.

(3) Any party who has not given an address for service complying 10 with these rules must immediately do so.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.66 (as substituted by 2008 No 90 s 8) 5.67 Title of documents All documents filed in the proceeding after it has been filed in 15 the court in accordance with rule 5.65 must be headed as if the proceeding had been commenced in the High Court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.67 (as substituted by 2008 No 90 s 8) 5.68 Time for filing statement of defence 20 If no statement of defence has been filed in the District Court, a statement of defence may be filed within 25 working days from the date when the proceeding is filed in accordance with rule 5.65.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.68 (as substituted 25 by 2008 No 90 s 8) 5.69 Transfer under section 273 of Judicature Modernisation Act 2013 (1) An application under section 273 of the Judicature Mod- ernisation Act 2013 must be by interlocutory application.
It must,— (2) 30 449 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 13—continued (a) (4) (b) if made by the counterclaimant, be made within 5 work- ing days after the counterclaim or set-off and counter- claim is filed in the District Court: if made by the party against whom the counterclaim or set-off and counterclaim is made, be made within 5 5 working days after service on that party.
(3) At any time after an application under subclause (1) has been filed, the court may order the proceedings in the District Court to be stayed pending its disposal.

The order in subclause (3) may be made without notice and 10 subject to any conditions or undertakings that the court thinks just.
If the court orders that the counterclaim or set-off and counter- claim alone be transferred, references in rules 5.64 to 5.68 and in other provisions of these rules to the plaintiff must be read 15 as references to the counterclaimant and references to the de- fendant must be read as references to the party against whom the counterclaim or set-off and counterclaim is made.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.69 (as substituted by 2008 No 90 s 8) (5) 20 Subpart 14—Service of statement of claim and notice of proceeding 5.70 Service generally (1) Except as otherwise provided by any Act or these rules or an order made under these rules, a statement of claim and notice 25 of proceeding must be served— (a) (b) on every defendant named in it; and on every other person directed to be served with it.
(2) Despite subclause (1), in a civil proceeding against the Crown in which the Attorney-General is named as defendant or is 30 directed to be served on behalf of the Crown or in which the Attorney-General is joined as a party or third or subsequent 450 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 14—continued party, service on the Crown must be effected in accordance with section 16 of the Crown Proceedings Act 1950.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.70 (as substituted by 2008 No 90 s 8) 5.71 Personal service required (1) Except when the court directs or these rules require or permit a different mode of service, the statement of claim and notice of proceeding must be served personally.

Rule 5.73(2) overrides subclause (1).


Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.71 (as substituted 10 by 2008 No 90 s 8) (2) 5 5.72 Prompt service required (1) The statement of claim and notice of proceeding must be served— (a) (b) when directions as to service are sought, as soon as prac- as soon as practicable after they are filed; or 15 ticable after the directions have been given.
(2) Unless service is effected within 12 months after the day on which the statement of claim and notice of proceeding are filed or within such further time as the court may allow, the pro- 20 ceeding must be treated as having been discontinued by the plaintiff against any defendant or other person directed to be served who has not been served.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.72 (as substituted by 2008 No 90 s 8) 25 5.73 Extension of time for service (1) The plaintiff may, before or after the expiration of the period referred to in rule 5.72, apply to the court for an order extend- ing that period in respect of any person (being a defendant or other person directed to be served) who has not been served.
The court, if satisfied that reasonable efforts have been made to effect service on that defendant or person, or for other good reason, may extend the period of service for 6 months from 30 (2) 451 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 14—continued the date of the order and so on from time to time while the proceeding has not been disposed of.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.73 (as substituted by 2008 No 90 s 8) 5.73A Notice of service to Registrar (1) The plaintiff must notify the Registrar of the date of service of the statement of claim and notice of proceeding on each defendant or other person directed to be served.

5 (2) Notification under subclause (1) must be made within 7 work- ing days after service and in writing.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 5.73A (as inserted by r 9 of the High Court Amendment Rules (No 2) 2012) 10 Subpart 15—Registration of users for e-filing purposes 5.74 Interpretation 15 In this subpart and in subpart 16, unless the context otherwise requires,— e-file means to file a document electronically (as those con- cepts are defined in rule 1.3) formal undertaking is an undertaking by a party or a party’s 20 solicitor on the record to do or abstain from doing some spe- cified thing registered user means a lawyer or a firm of lawyers registered to e-file documents under these rules working hours means hours, whether on the same day as that 25 on which a document was received in a registry or on that day and the next day during which the registry of the court is open.
5.75 Registration procedure (1) A lawyer or a firm of lawyers may apply in writing to a Regis- trar for registration under this subpart.
30 452 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 15—continued (2) The Registrar must register the applicant as a registered user if— (a) the applicant has, in the Registrar’s opinion, instituted sufficient measures to prevent persons unauthorised by the applicant filing documents in the applicant’s name; 5 and the applicant has nominated an acceptable electronic ad- dress for service; and the applicant’s name is sufficiently distinctive to avoid later confusion between the applicant and another firm 10 or lawyer (including that part of a partnership that has an office in a different place).
(b) (c) (3) The Registrar may require an applicant to supply the names of those persons who are, from time to time, authorised to e-file on behalf of the applicant.

15 (4) No fee is chargeable for registration.

(5) When granting the application, the Registrar must— (a) assign the registered user an electronic identity for use whenever a document is e-filed; and (b) open an account in the name of the registered user.
The Registrar must keep a register recording the name, elec- tronic address for service, and electronic identity of each regis- tered user and the date of that user’s registration under this subpart.

The register kept under subclause (6) may be searched by or 25 on behalf of a registered user.

20 (6) (7) 5.76 Effect of registration (1) A registered user may e-file any document that complies with subpart 16.
(2) A registered user may file any document in hard copy by phys- 30 ical lodgment (whether or not that document has already been e-filed).

453 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 15—continued (3) If there is any difference between the content of an e-filed document and the filed hard-copy version of the same docu- ment, the hard-copy version prevails, and the document is treated as filed when it is physically lodged.
5.77 Renewal of registration 5 Registration lasts 36 months and is then renewable.

Subpart 16—E-filing documents 5.78 Requirements for e-filing (1) A document may be e-filed if it complies with this rule.

(2) An electronic communication sent with a document for e-fil- 10 ing must be authenticated by an electronic identity currently assigned by the Registrar.
(3) A document that is e-filed, and any electronic communication by which the document is e-filed, must comply with the re- quirements set out in a practice note issued by the Chief Judge 15 or by a list Judge for a particular registry of the court with the approval of the Chief Judge.
The practice note may also limit the number of documents that may be filed on a single occasion or in a stated period, and impose other requirements to ensure that electronic filing is 20 convenient to registered users and efficient and reliable and causes no injustice to other parties.

(4) (5) A document that is e-filed other than in imaged form need not comply with the rules as to shape, size, and format in subpart 2 of this Part (formal requirements for documents).
(6) A document that is e-filed in imaged form must comply with subpart 2 of this Part.

(7) An e-filed document must be adequately labelled so that it is obvious what it is, for example, “Interlocutory application without notice for interim injunction”.
If, under these rules, a document can be filed only if it is signed or otherwise authenticated, use of the registered user’s elec- (8) 25 30 454 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 5—continued Subpart 16—continued tronic identity to authenticate the electronic communication sent with the document must be treated for all purposes as equivalent to that user’s signature or other authentication of 5 that document.

This rule is subject to rule 5.81.


(9) 5.79 Provisional filing (1) An e-filed document must be treated as provisionally filed (2) (3) at the time it enters the information system designated for 10 this purpose in the applicable practice note issued under rule 5.78(3), and that date and time must be recorded on the court file.
The Registrar or a Deputy Registrar must ensure that every provisionally filed document is checked to ensure it meets the 15 requirements imposed by this subpart and by that practice note.
Checking must— (a) be completed within 2 working hours of the provisional filing of an e-filed document; and comply with operational standards not conflicting with 20 this subpart issued by the Ministry of Justice and avail- able on request to registered users and any person con- sidering registration under subpart 15 or the practice note issued under rule 5.78(3).
(b) 25 5.80 Acceptance of provisionally filed documents (1) Acceptance of a document by the Registrar or a Deputy Regis- trar must be recorded by dating and timing that acceptance and endorsing the document “Accepted for filing” and verifying that date, time, and endorsement.

The Registrar must immediately notify the registered user if 30 an e-filed document is not accepted.
If an e-filed document is accepted it must be treated for all purposes as having been filed on the date and at the time when it is recorded as having been provisionally filed.

(3) (2) 455 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 5—continued Subpart 16—continued (4) Upon acceptance of an e-filed document the Registrar must direct debit the registered user with the appropriate fee for that 5 document.
5.81 Affidavits and formal undertakings (1) An affidavit or a formal undertaking may be e-filed if the e-fil- ing complies with this rule.

If an affidavit or a formal undertaking is being e-filed, it must 10 be transmitted to the court in imaged form.

Rule 5.78(2), (3), and (7) applies to the e-filing of an affidavit or a formal undertaking.
The original hard-copy form of the affidavit or formal under- taking, sworn or signed or authenticated as required by these 15 rules, must be retained by the registered user,— (a) if the affidavit or formal undertaking is filed in connec- tion with an application under Part 18 or 19, or in a pro- ceeding that does not go to trial, for 12 months from the date of e-filing: if it is filed in connection with a proceeding, and that proceeding goes to trial, until no appeal or further ap- peal from a judgment given in that proceeding is pos- sible.
(b) 20 If uncertainty as to the content of an affidavit or formal under- 25 taking arises, or a Judge considers that justice requires its pro- duction, the Judge, on application or on the Judge’s own initia- tive, may order that it be filed in court and served on the other party or parties in hard copy form, and may make such order as to a further hearing as the Judge thinks just.
30 (2) (3) (4) (5) 456 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6 Service Subpart 1—Methods and proof of service 6.1 Methods of service (1) Any of the following methods may be used for serving a docu- 5 (c) (d) ment that is required by these rules to be served: (a) (b) personal service: service at an address for service given in accordance with these rules: service at an address directed by the court as the address 10 for service for the party or person: if the solicitor for the party or person, or the party or person, has, under rule 5.40(5)(a), 5.42(2)(b)(i), or 5.44(1)(e), specified a post office box address, docu- ment exchange box number, fax number, or email 15 address,— (i) by posting the document to that post office box address; or by leaving the document at a document exchange for direction to that document exchange box 20 number; or by transmitting the document electronically to that fax number or email address: (ii) (iii) (e) if a defendant has been served in Australia under section 13 of the Trans-Tasman Proceedings Act 2010 with an 25 initiating document for the proceeding, by posting the document to an address for service of the party or person to be served.
(2) (3) In any case not provided for by these rules, service must be effected by the method and at the place the court directs.

This rule does not apply if an Act or a rule requires a special and exclusive method of service.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.1 (as substituted by 2008 No 90 s 8) 30 457 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 1—continued 6.2 Service of copies Unless an Act or a rule expressly requires an original docu- ment to be served, service of a true copy is to be treated as service of the document.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.2 (as substituted by 5 2008 No 90 s 8) 6.3 Notices Rules 6.1 and 6.2 and rules 6.4 to 6.25 apply to any notice that by these rules, or by any order made under these rules, is required to be given to any person, whether or not that person 10 is a party or the notice is required to be filed in the court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.3 (as substituted by 2008 No 90 s 8) a married couple; or civil union partners; or de facto partners.

Personal service on spouses or partners This rule applies when defendants to a proceeding are— (a) (b) (c) Service on one spouse, civil union partner, or de facto partner is not to be treated as service on the other unless the court so 20 orders.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.4 (as substituted by 2008 No 90 s 8) 15 Service at address for service A document may be served at an address for service by leaving 25 the document at that address at any time between 9 am and 5 pm.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.5 (as substituted by 2008 No 90 s 8) 6.4 (1) (2) 6.5 458 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 1—continued 6.6 Service by means of post office box, document exchange, fax, or email (1) When a document is served on a party or person in accordance with rule 6.1(1)(d)(i) or (ii), that document must,— (a) if posted to a post office box address, be treated as 5 served on the earlier of— (i) the third working day after the day on which it was posted; or the day on which it was received; and (ii) if left at a document exchange, be treated as served on 10 the earlier of— (i) the second working day after the day on which it was left; or the day on which it was received.
(2) A document served on a party or person in accordance with 15 (ii) (b) rule 6.1(1)(d)(iii) must— (a) (b) be treated as dispatched at the time the electronic com- munication first enters an information system outside the control of its originator; and be treated as received,— (i) in the case of a party who has designated an infor- mation system for the purpose of receiving elec- tronic communications, at the time the electronic communication enters that information system; or in any other case, at the time the electronic com- munication comes to the attention of the party or person being served, or the solicitor or other agent of that party or person.
(ii) 20 25 (3) When a document is transmitted electronically on a day that is 30 not a working day, or after 5 pm on a working day, it must be treated as served on the first subsequent working day.
(4) When a document is served electronically under this rule, the party or person served must, on receiving the document, im- mediately give to the person who served the document, or that 35 459 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 1—continued (5) (6) that the document has been received; and of the date and time of receipt.
person’s solicitor or agent, an acknowledgement in writing or electronically— (a) (b) In this rule, information system means a system for produc- 5 ing, sending, receiving, storing, displaying, or otherwise pro- cessing electronic communications.
Subclauses (7) to (11) apply to a document to be served in a proceeding if— (a) the proceeding is one an initiating document for which 10 is to be or has been served on a defendant in Australia under section 13 of the Trans-Tasman Proceedings Act 2010; and the document is one to be served— (i) by a party in New Zealand and on a party in Aus- 15 tralia; or by a party in Australia and on a party in New Zealand.
(ii) (b) (7) Despite subclause (1), when a document is served in accord- (8) ance with rule 6.1(1)(d)(i) or (ii) or (e), it is to be treated as 20 served on the earlier of— (a) the sixth working day after the day on which it was posted; and (b) the day on which it was received.

Subclause (9) applies to a document that is— (a) (9) a document in response to a requirement of or under these rules; and (b) served in accordance with rule 6.1(1)(d)(i) or (ii) or (e).
The party serving the document is entitled to an extra 5 work- ing days within which to comply with that requirement.

(10) Despite subclause (8), subclause (9) does not apply when a rule requires a document to be served a prescribed number of days before a hearing or other specified event.
25 30 (11) Despite subclause (3), when a document is, under rule 6.1(1)(d)(iii), transmitted electronically to the fax number or 35 460 6.7 6.8 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 1—continued email address of a solicitor in a State or Territory of Australia at a time later than 5 pm in that State or Territory, it is to be treated as having been served on the first subsequent working day.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.6 (as substituted by 5 2008 No 90 s 8) Service under agreement Service by a method agreed to in writing by a party is sufficient service on that party.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.7 (as substituted by 10 2008 No 90 s 8) Substituted service If reasonable efforts have been made to serve a document by a method permitted or required under these rules, and either the document has come to the knowledge of the person to be 15 served or it cannot be promptly served, the court may— (a) direct— (i) (ii) that instead of service, specified steps be taken that are likely to bring the document to the notice of the person to be served; and that the document be treated as served on the happening of a specified event, or on the expiry of a specified time: 20 (b) when steps have been taken for the purpose of bringing, or which have a tendency to bring, the document to the 25 notice of the person on whom it is required to be served, direct that the document be treated as served on that person on a specified date: subject to any conditions that the court thinks just to im- pose, dispense with service of a document on a person 30 and give to the party by whom the document is required (c) 461 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 1—continued to be served leave to proceed as if the document had been served.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.8 (as substituted by 2008 No 90 s 8) 6.9 Notices to be given by Registrar 5 (b) When notice is required to be given by the Registrar to a per- son, whether a party or not, it may be given,— (a) if the person is acting by a solicitor, by sending it by ordinary post addressed to the solicitor at the address for service (if given) or at the solicitor’s place of business: 10 if the person is not acting by a solicitor, by sending it by ordinary post addressed to that person at that person’s address for service (if given) or last known or usual place of residence or business in New Zealand: in any other manner the court directs.
15 (c) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.9 (as substituted by 2008 No 90 s 8) 6.10 Proof of service (1) The service of a document may be proved on oath before the court or by affidavit in form G 16.
If the service of a document is proved by affidavit in form G 16, it is unnecessary, unless the court otherwise directs, for a copy of that document to be annexed if— (a) 20 either the original of the document or a copy of the document has, at the time of service, been filed in the 25 registry of the court; and the affidavit contains a description of the document that— (i) is sufficient to enable the document to be identi- fied; and includes the date of the document (if the docu- ment is dated).
(ii) 30 (b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.10 (as substituted by 2008 No 90 s 8) (2) 462 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 1—continued 6.11 Personal service A document may be personally served by leaving the docu- ment with the person to be served, or, if that person does not accept it, by putting it down and bringing it to the notice of that person.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.11 (as substituted by 2008 No 90 s 8) Subpart 2—Corporations, partners, attorneys, and agents 6.12 Personal service on New Zealand corporations (1) A document may be served on a company incorporated under the Companies Act 1993 in accordance with section 387 of that Act.
(2) A document may be served on a corporation incorporated in 5 10 New Zealand other than a company incorporated under the 15 Companies Act 1993— (a) by service in accordance with rule 6.11 on— (i) the mayor, chairman, president, town clerk, man- aging director, secretary, treasurer, or other simi- lar officer of the corporation; or any member, officer, or employee of the corpor- ation at the corporation’s head office or principal place of business; or (ii) (b) (c) (d) by leaving the document at the corporation’s registered office; or by serving the document on a member, officer, or em- ployee of the corporation in any manner that the court directs; or by complying with any enactment that provides for ser- vice of a document on a corporation.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.12 (as substituted by 2008 No 90 s 8) 463 20 25 30 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 2—continued 6.13 Personal service in New Zealand on foreign corporations (1) An overseas company (within the meaning of section 2 of the Companies Act 1993) that is served in New Zealand must be personally served in accordance with section 389 of the Com- panies Act 1993.
5 (2) A corporation (other than an overseas company within the meaning of section 2 of the Companies Act 1993) may be served in New Zealand in accordance with rule 6.11 by ser- vice on a person appearing to have control of the business of that corporation at the principal or only place of business of 10 that corporation in New Zealand if the corporation— is incorporated outside New Zealand; and (a) (b) has a place or places of business in New Zealand.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.13 (as substituted by 2008 No 90 s 8) 15 6.13A Personal service on Australian corporations, partnerships, and attorneys A document in a proceeding in which an initiating document is to be or has been served on a defendant under section 13 of the Trans-Tasman Proceedings Act 2010 may be served in 20 Australia— (a) on a company registered in Australia under the Corpor- ations Act 2001 (Aust) in the same way as if it were a company to which section 387 of the Companies Act 1993 applies: on a corporation incorporated in Australia (other than a company specified in paragraph (a)) in the same way as if it were a corporation to which rule 6.12(2) applies: on a partnership, or on a person carrying on business in the name of a firm apparently consisting of more than 1 30 person, by serving it in accordance with rule 6.11 either on any partner or on that person, or— 25 (b) (c) 464 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 2—continued (d) (i) (ii) on any person appearing to have control of the business of the partnership or apparent partner- ship; and at the principal place in Australia of the business of the partnership or apparent partnership on a person who is out of Australia and New Zealand by serving, in accordance with rule 6.11, an attorney or agent of that person in Australia if the attorney or agent is authorised— (i) to transact that person’s affairs generally and to 10 defend proceedings; or to transact the person’s affairs in respect of the subject matter of the proceeding and to defend the particular proceeding.
(ii) 5 Compare: 1908 No 89 Schedule 2 r 6.13A (as inserted by the High Court (Trans- 15 Tasman Proceedings Act 2010) Amendment Rules 2013) 6.13B Personal service in Australia on foreign corporations (1) A document in a proceeding in which an initiating document is to be or has been served on a defendant under section 13 of the Trans-Tasman Proceedings Act 2010 may be served in 20 Australia— (a) on a foreign company registered under section 601CE of the Corporations Act 2001 (Aust) as follows: (i) by delivery to a person named in the register kept for the purposes of Division 2 of Part 5B.2 of that 25 Act as a director of the foreign company and who is resident in Australia; or by delivery to a person named in that register as being authorised to accept service in Australia of documents on behalf of the foreign company; or 30 by delivery to an employee of the foreign com- pany at the foreign company’s place of business in Australia or, if the foreign company has more than 1 place of business in Australia, at the for- (ii) (iii) 465 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 2—continued eign company’s principal place of business in Australia; or by serving it in accordance with any directions as to service given by the court having jurisdiction in the proceeding; or in accordance with an agreement made with the foreign company: 5 (iv) (v) (b) on a foreign corporation of the kind specified in sub- clause (2) by serving it in accordance with rule 6.11— (i) on a person appearing to have control of the busi- 10 ness of that corporation; and at the principal place of business of that corpor- ation in Australia.
(ii) (2) (b) Subclause (1)(b) applies to a foreign corporation that— (a) is not a foreign company registered under section 15 601CE of the Corporations Act 2001 (Aust); and is incorporated but not in Australia and not in New Zealand; and has a place of business in Australia; and (c) (d) does not have a place of business in New Zealand.
Compare: 1908 No 89 Schedule 2 r 6.13B (as inserted by r 14 of the High Court (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013) 20 6.14 Personal service on unincorporated societies A document may be served on an unincorporated society by serving the president, chairperson, secretary, or any similar 25 officer of the society under rule 6.11.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.14 (as substituted by 2008 No 90 s 8) 6.15 Personal service on partnership or apparent partnership A document may be served on a partnership or on a person 30 carrying on business in the name of a firm apparently consist- ing of more than 1 person by serving it in accordance with rule 6.11— (a) on any partner or on that person; or 466 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 2—continued (b) at the principal place in New Zealand of the business of the partnership or apparent partnership, on any person appearing to have control of the business there.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.15 (as substituted by 2008 No 90 s 8) 6.16 Personal service on attorney or agent of absentee A document may be served on a person who is out of New Zealand by serving, in accordance with rule 6.11, an attorney or agent of that person in New Zealand if the attorney or agent is authorised— (a) to transact that person’s affairs generally and to defend proceedings; or to transact the person’s affairs in respect of the subject matter of the proceeding and to defend the particular proceeding.
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.16 (as substituted by 2008 No 90 s 8) 5 10 15 6.17 Service on representatives (1) This rule applies to a person (a representative) who— (a) is appointed by the court to represent any person or per- 20 sons, or any class of persons; or sues or defends on behalf of himself or herself and any other person or persons.
(b) (2) Service on the representative is to be treated as service on be- half of all persons for whom the representative has been ap- 25 pointed to represent or on whose behalf the representative sues or defends.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.17 (as substituted by 2008 No 90 s 8) 467 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 2—continued 6.18 Service on solicitor A document is treated as served on a person on the date on which the solicitor for that person signs on a copy of the docu- ment a note accepting service of it, or a proved earlier date.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.18 (as substituted 5 by 2008 No 90 s 8) 6.19 Service of statement of claim on certain days void (1) A statement of claim must not be served on Christmas Day, (2) New Year’s Day, or Good Friday.

Section 177 of the Act is not affected.


Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.19 (as substituted by 2008 No 90 s 8) 10 6.20 Failure to give address for service A party to a contentious proceeding who has not given an ad- dress for service is not entitled to be served with notice of any 15 step in the proceeding or with copies of any further documents filed in the proceeding or to address the court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.20 (as substituted by 2008 No 90 s 8) Subpart 3—Foreign process 20 6.21 Service of foreign process (1) This subpart applies when a request is made to the court to effect service of a foreign process on a person in New Zealand.

(2) A request may be made to the court to effect service of a for- eign process on a person in New Zealand in any manner per- 25 mitted or required by the provisions of a convention.
Service in New Zealand of a foreign process must be in ac- cordance with a convention if— (a) the convention contains an express provision governing the service of that process in New Zealand; and that convention excludes other methods of service.
(b) 30 (3) 468 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 3—continued (4) When service is in accordance with a convention, no court fees are to be charged for the filing of any document or the doing of any act relating to the service or the certification of service.
(5) A letter of request from a foreign court requesting service of process on any person in New Zealand in connection with 5 any civil matter pending before that foreign court must be for- warded through diplomatic channels to the Secretary of For- eign Affairs and Trade who must send it to the Secretary for Justice for further transmission to the Registrar with an inti- mation that it is desirable that effect should be given to that 10 request.
(6) A letter of request must be accompanied by— (7) (8) (a) (b) (c) a translation of it in English if it is not in English; and 2 copies of the process or citation to be served; and 2 copies of the process or citation in English or trans- 15 lated into English.

Subclauses (5) and (6) and rules 6.22 to 6.25 apply subject to the provisions of any relevant convention.
In this rule, convention means any treaty to which New Zealand is a party that makes provision for service of foreign 20 process in New Zealand.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.21 (as substituted by 2008 No 90 s 8) 6.22 Sheriff to effect service Service of the process or citation must be effected by the Sher- 25 iff whose registry is nearest to the place where the person to be served resides, or by any officer appointed by that Sheriff.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.22 (as substituted by 2008 No 90 s 8) 469 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 3—continued 6.23 Method of service Service must be effected by leaving, in accordance with these rules, a copy of the process or citation and of any translation with the person to be served.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.23 (as substituted 5 by 2008 No 90 s 8) 6.24 Return as to service After service of the process or citation has been effected or (if that is the case) attempts to effect service of the process or cit- ation have failed, the Sheriff or the officer effecting or attempt- 10 ing to effect service must return to the Registrar of the court nearest to the place of service or attempted place of service— (a) (b) 1 copy of the process or citation; and an affidavit made by the Sheriff or the officer stating when, where, and how the Sheriff or officer effected 15 service or attempted to effect service; and a statement of the costs incurred in effecting, or attempt- ing to effect, service.
(c) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.24 (as substituted by 2008 No 90 s 8) 20 6.25 Certification The Registrar must give a certificate in form G 17— (a) identifying the documents annexed, namely the letter of request for service, a copy of the process or citation received with the letter, and a copy of the affidavit re- 25 ferred to in rule 6.24(b); and certifying— (i) that the method of service of the process and the proof of service comply with the law and prac- tice of the High Court of New Zealand regulating 30 the service of New Zealand legal process in New Zealand and its proof; or (b) 470 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 3—continued (ii) if that is the case, that service of the process could not be effected for the reason specified in the certificate; and (c) certifying the cost of effecting, or attempting to effect, service.
5 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.25 (as substituted by 2008 No 90 s 8) 6.26 Sealing and transmission of certificate The certificate given under rule 6.25 must be sealed with the seal of the court and sent to the Secretary for Justice who must 10 send it to the Secretary of Foreign Affairs and Trade for further transmission through diplomatic channels to the foreign court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.26 (as substituted by 2008 No 90 s 8) Subpart 4—Service out of New Zealand 15 6.27 When allowed without leave (1) This rule applies to a document that initiates a civil proceeding, or is a notice issued under subpart 4 of Part 4 (third, fourth and subsequent parties), which under these rules is required to be served but cannot be served in New Zealand under these rules 20 (an originating document).
(2) An originating document may be served out of New Zealand without leave in the following cases: (a) when a claim is made in tort and— (i) any act or omission in respect of which dam- 25 age was sustained was done or occurred in New Zealand; or the damage was sustained in New Zealand: (ii) (b) when a contract sought to be enforced or rescinded, dis- solved, annulled, cancelled, otherwise affected or inter- 30 preted in any proceeding, or for the breach of which damages or other relief is demanded in the proceed- ing— 471 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 4—continued was made or entered into in New Zealand; or (i) (ii) was made by or through an agent trading or re- siding within New Zealand; or (iii) was to be wholly or in part performed in New Zealand; or (iv) was by its terms or by implication to be governed by New Zealand law: (c) when there has been a breach in New Zealand of any contract, wherever made: (d) when the claim is for— (i) (ii) a permanent injunction to compel or restrain the performance of any act in New Zealand; or interim relief in support of judicial or arbitral pro- ceedings commenced or to be commenced out- side New Zealand: 5 10 15 (e) (f) when the subject matter of the proceeding is land or other property situated in New Zealand, or any act, deed, will, instrument, or thing affecting such land or property: when the proceeding relates to the carrying out or dis- 20 charge of the trusts of any written instrument of which the
 person to be served is a trustee and which ought to be carried out or discharged according to the law of New Zealand: (g) when any relief is sought against any person domiciled 25 or ordinarily resident in New Zealand: (h) when any person out of the jurisdiction is— (i) a necessary or proper party to proceedings prop- erly brought against another defendant served or to be served (whether within New Zealand or out- 30 side New Zealand under any other provision of these rules), and there is a real issue between
 the plaintiff and that defendant that the court ought to try; or 472 (i) (j) Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 4—continued (ii) a defendant to a claim for contribution or indem- nity in respect of a liability enforceable by pro- ceedings in the court: (ii) when the proceeding is for the administration of the es- tate of any deceased person who at the time of his or her 5 death was domiciled in New Zealand: when the claim arises under an enactment and either— any act or omission to which the claim relates (i) was done or occurred in New Zealand; or any loss or damage to which the claim relates was 10 sustained in New Zealand; or the enactment applies expressly or by implica- tion to an act or omission that was done or oc- curred outside New Zealand in the circumstances alleged; or the enactment expressly confers jurisdiction on the court over persons outside New Zealand (in which case any requirements of the enactment relating to service must be complied with): (iii) (iv) 15 (k) when the person to be served has submitted to the jur- 20 (l) isdiction of the court: when a claim is made for restitution or for the remedy of constructive trust and the defendant’s alleged liability arises out of acts committed within the jurisdiction: (m) when it is sought to enforce any judgment or arbitral 25 award.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.27 (as substituted by 2008 No 90 s 8) 6.28 When allowed with leave (1) In any proceeding when service is not allowed under rule 6.27, 30 an originating document may be served out of New Zealand with the leave of the court.

(2) An application for leave under this rule must be made on notice to every party other than the party intended to be served.
473 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 4—continued (3) A sealed copy of every order made under this rule must be served with the document to which it relates.
(4) An application for leave under this rule must be supported by an affidavit stating any facts or matters related to the desirabil- ity of the court assuming jurisdiction under rule 6.29, includ- 5 ing the place or country in which the person to be served is or possibly may be found, and whether or not the person to be served is a New Zealand citizen.
The court may grant an application for leave if the applicant establishes that— (a) (5) 10 the claim has a real and substantial connection with New Zealand; and there is a serious issue to be tried on the merits; and New Zealand is the appropriate forum for the trial; and any other relevant circumstances support an assumption 15 of jurisdiction.
(b) (c) (d) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.28 (as substituted by 2008 No 90 s 8) 6.29 Court’s discretion whether to assume jurisdiction (1) If service of process has been effected out of New Zealand 20 without leave, and the court’s jurisdiction is protested under rule 5.49, the court must dismiss the proceeding unless the party effecting service establishes— (a) that there is— (i) (ii) a good arguable case that the claim falls wholly 25 within 1 or more of the paragraphs of rule 6.27; and the court should assume jurisdiction by reason of the matters set out in rule 6.28(5)(b) to (d); or that, had the party applied for leave under rule 6.28,— 30 (i) (ii) leave would have been granted; and it is in the interests of justice that the failure to apply for leave should be excused.
(b) 474 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 4—continued (2) If service of process has been effected out of New Zealand under rule 6.28, and the court’s jurisdiction is protested under rule 5.49, and it is claimed that leave was wrongly granted under rule 6.28, the court must dismiss the proceeding unless the party effecting service establishes that in the light of the 5 evidence now before the court leave was correctly granted.
(3) When service of process has been validly effected within New Zealand, but New Zealand is not the appropriate forum for trial of the action, the defendant may apply for a stay, or for a dismissal of the proceeding under rule 15.1.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.29 (as substituted by 2008 No 90 s 8) 10 6.30 Service of other documents outside New Zealand Any document other than an originating document required by any rule to be served personally may be served abroad with 15 the leave of the court, which may be given with any directions that the court thinks just.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.30 (as substituted by 2008 No 90 s 8) 6.31 Notice to defendant served outside New Zealand 20 If a defendant is to be served out of New Zealand, the memo- randum required by rule 5.23(4) must also 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 25 Zealand; and the grounds alleged by the plaintiff in relying on that jurisdiction; and the defendant’s right to enter an appearance and objec- tion to the jurisdiction of the court under rule 5.49.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.31 (as substituted by 2008 No 90 s 8) (b) (c) 30 475 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 4—continued 6.32 Service outside New Zealand (1) An originating document permitted under these rules to be served outside New Zealand may be served by a method— (a) (b) specified in rule 6.1; or permitted by the law of the country in which it is to be 5 served; or (c) provided for in rules 6.33 and 6.34.
Subclause (1) is subject to subclauses (3) and (4).

(2) (3) When a convention relating to service of process is in force between New Zealand and the country where service is to be 10 effected, service must be effected in accordance with a method provided for, or permitted by, that convention.

(4) No service outside New Zealand is valid if effected contrary to the law of the country where service is effected.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.32 (as substituted 15 by 2008 No 90 s 8) (2) 6.33 Service through official channels (1) When a party seeks service outside New Zealand through of- ficial channels, the request must be sent by the Registrar to the Secretary for Justice who must forward it to the Secretary of 20 Foreign Affairs and Trade for further transmission to the ap- propriate authorities in the foreign country.
Proof of service must be returned to the Registrar through the same channels.
In respect of each person to be served, the request for service 25 must be accompanied by— (a) (b) the document to be served; and a copy of the document to be exhibited to the evidence verifying service; and when the language of the person to be served is not 30 English,— (i) a translation of the document into the language (verified as correct to the satisfaction of the (3) (c) 476 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 4—continued Registrar) of the person to be served for service with the document; and a copy of that translation, which must be exhib- ited to the evidence verifying service.
(ii) (4) A certificate establishing the fact and date of service and given 5 (5) by the competent authority of the country concerned, or by a New Zealand consular officer, is sufficient proof of that fact and date.

This rule is subject to any relevant convention that requires or permits any other method of service through official channels.
10 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.33 (as substituted by 2008 No 90 s 8) 6.34 Service in convention countries This rule applies when— (1) (a) a convention is in force between New Zealand and any 15 other country relating to the service of documents in proceedings in the courts of the respective countries; and a party to a proceeding in New Zealand desires to take advantage of any provision made in the convention for 20 service in that other country by official means.
(b) (3) (4) (2) When this rule applies, the party seeking service may file a re- quest in form G 18 stating the official means of service desired and containing the undertaking set out in that form covering the payment of expenses.

Subclause (2) is subject to the provisions of the convention.
In respect of each person to be served, the request for service must be accompanied by— (a) (b) the document to be served; and a copy of it exhibited to the evidence verifying service; 30 and when the language of the person to be served is not English,— (c) 25 477 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 6—continued Subpart 4—continued (i) (ii) a translation of the document into his or her lan- guage (verified as correct to the satisfaction of the Registrar) for service with the document; and a copy of that translation to be exhibited to the evidence verifying service.
5 (5) The document and translation to be served must be sealed by the Registrar with the seal of the court and the documents re- quired to accompany the request for service forwarded by the Registrar to the Secretary for Justice for transmission through the appropriate channels to the country concerned for service 10 in accordance with the request for service.
(6) A certificate establishing the fact and date of service and given by the competent authority of the country concerned, or by a British or New Zealand consular officer, and transmitted by the Secretary for Justice to the Registrar is sufficient proof of 15 that service.

(7) A certificate filed by the Registrar is equivalent to an affidavit of service of the documents referred to in the certificate.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.34 (as substituted by 2008 No 90 s 8) 6.35 Time for filing defence Except when the court otherwise orders, a defendant who has been served out of New Zealand must file a statement of de- fence or appearance within 30 working days from the date of service.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 6.35 (as substituted by 2008 No 90 s 8) 20 25 6.36 Subpart does not apply to service in Australia of documents for or in certain trans-Tasman proceedings This subpart (which contains rules on service out of New 30 Zealand) does not apply to service in Australia of an initiating document for, or of any other document to be served in or for, a proceeding an initiating document for which may be served 478 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 6—continued Subpart 4—continued in Australia under subpart 1 of Part 2 of the Trans-Tasman Proceedings Act 2010.
Compare: 1908 No 89 Schedule 2 r 6.36 (as inserted by r 15 of the High Court (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013) Part 7 Case management, interlocutory applications, and interim relief Subpart 1—Case management 7.1AA Outline of case management procedures for different types of proceedings (1) An ordinary defended proceeding or a complex defended pro- 5 10 ceeding— (a) is subject to a first case management conference (see rule 7.3): (b) may be the subject of 1 or more further case manage- 15 ment conferences (see rule 7.4): (c) may also be the subject of an issues conference (see rule (d) 7.5): if the proceeding is being, or has been, allocated a hear- ing or trial date, may be the subject of a pre-trial con- 20 ference (see rule 7.8).
(2) An application for leave to appeal, or an appeal, under Part 20 (Appeals), Part 21 (Case stated), or Part 26 (Arbitration Act 1996) is subject to case management under different pro- visions (see rules 7.14 and 7.15).

25 (3) A proceeding commenced by originating application is subject to limited case management through the ability of the parties to seek directions (see rules 19.11 and 7.43A).
(54) An application for judicial review may be subject to case man- agement under section 433 of the Judicature Modernisa- 30 tion Act 2013 and any rules relating to the case management of such proceedings.

479 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 1—continued (65) The following proceedings are not subject to case manage- ment: (a) (b) undefended proceedings: an application under Part 24 (insolvency) or Part 31 (companies: liquidation).
5 (76) This rule operates only as a guide, and if any other provision of these rules or any other enactment is inconsistent with this rule, that other provision or enactment prevails.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.1AA (as inserted by r 10 of the High Court Amendment Rules (No 3) 2013) 10 15 20 Proceedings subject of case management Case management in accordance with this subpart will be ap- plied to the following proceedings in order to promote their just, speedy, and inexpensive determination: (a) (b) ordinary or complex defended hearings: an application for leave to appeal, or an appeal, under Part 20 (Appeals), Part 21 (Cases stated), or Part 26 (Arbitration Act 1996).
The purpose of a case management conference is to enable the Judge to assist the parties— (a) to identify, define, and refine the issues requiring judi- cial resolution; and to determine what steps need to be taken in order to prepare the proceeding for hearing or trial; and to decide how best to facilitate the conduct of the hear- 25 ing or trial; and to ensure that the costs of the proceeding are propor- tionate to the subject matter of the proceeding.
(b) (c) (d) In this rule,— complex defended proceeding means one that, in a Judge’s 30 opinion, needs intensive case management and therefore needs more than 1 case management conference before a fixture is allocated 7.1 (1) (3) (4) 480 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 1—continued (5) (6) ordinary defended proceeding means one that, in a Judge’s opinion, does not require intensive case management and therefore does not need more than 1 case management con- ference before a fixture is allocated.
For the purposes of this subpart, a proceeding must be classi- 5 fied as— (a) (b) (c) an ordinary defended proceeding; or a complex defended proceeding; or an application under Part 24 (Insolvency) or Part 31 (Companies: liquidation); or an application for leave to appeal, or an appeal, under Part 20 (Appeals), Part 21 (Cases stated), or Part 26 (Arbitration Act 1996); or an undefended proceeding; or an application commenced by originating application 15 under Part 19 (originating applications).
(d) (e) (f) 10 The proper classification of a proceeding as either an ordin- ary defended proceeding or a complex defended proceeding in terms of subclause (5) must be— (a) resolved by a Judge not later than the date of the first 20 case management conference; and promptly advised to the parties.

(b) (8) (7) A Judge may at any time review the classification assigned under subclause (5) and decide whether to maintain or alter it.
Proceedings under subclause (5)(f) and (g) are subject to 25 limited case management through the ability of the parties to seek directions.

The following proceedings are not subject to case manage- ment: (a) (b) undefended hearings: an application under Part 24 (insolvency) or Part 31 (companies: liquidation).
(9) 30 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.1 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) 481 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 1—continued 7.2 Case management conferences generally (1) A Judge may hold a case management conference at any time.

(2) A case management conference may be convened by a Judge on the Judge’s own initiative or on the application of 1 or more of the parties.
5 (3) At any case management conference, the Judge may give di- rections to secure the just, speedy, and inexpensive determin- ation of the proceedings, including the fixing of timetables and directing how the hearing or trial is to be conducted.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.2 (as substituted by 10 r 10 of the High Court Amendment Rules (No 2) 2012) 7.3 (1) First case management conferences This rule does not apply if— (a) no statement of defence has been filed in a proceeding; or the proceeding is an appeal within rule 7.14.
15 (b) (3) (2) Unless otherwise ordered by a Judge, the first case manage- ment conference for the proceeding must be held on a date fixed by the Registrar that is the first available date not less than 25 working days after the date when the first statement of 20 defence is filed in the proceeding, but, in any event, not less than 50 working days after the filing of the proceeding.
The agenda for the conference is— the Schedule 5 matters; and (a) the making of a discovery or other order under rule 8.5; 25 (b) and the hearing, and if practicable the disposal, of any out- standing interlocutory application; and the fixing of— (i) (ii) a close of pleadings date; and a hearing or trial date for a proceeding classified as an ordinary defended proceeding and the mak- ing of appropriate trial directions; and (d) (c) 30 482 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 1—continued (4) (5) (iii) a date and arrangements for any further case man- agement, issues, or pre-trial conference; and other appropriate matters that have already been dis- cussed by the parties.
(e) The parties must either file a joint memorandum addressing 5 the Schedule 5 matters no later than 10 working days before the conference, or file separate memoranda addressing those matters in accordance with subclause (5).

If separate memoranda are filed, the plaintiff or applicant must file the first memorandum stating that party’s position on the 10 matters in Schedule 5.
That memorandum must be filed 10 working days before the conference, followed no later than 5 working days before the conference by memoranda from the other parties, each memorandum stating the party’s agreement or disagreement with memoranda already filed, and, in the case 15 of disagreement, the reasons for disagreement and the different position contended for.

(6) Memoranda filed under subclause (4) or (5) may also address (7) matters that fall within subclause (3)(e).
The joint memorandum referred to in subclause (4) may be 20 combined with any joint memorandum filed in relation to dis- covery under rule 8.11.

(8) A separate memorandum referred to in subclause (5) may be combined with any separate memorandum filed in relation to discovery under rule 8.11.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.3 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) 25 7.4 (1) (2) Further case management conferences The Judge at the first case management conference of any de- fended proceeding may require a further case management 30 conference or order one on the application of a party.
The agenda for a conference under this rule— 483 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 1—continued (a) will be set out in the order directing the conference, but a party may add a further item or items (if practicable, giving advance notice to the other parties); and (b) will include or adapt the Schedule 5 matters; and (c) may prescribe steps to be taken in preparation for the 5 conference.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.4 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) Issues conferences The Judge may at any time, on the Judge’s own initiative or if 10 the parties agree, order an issues conference for any defended proceeding to advance the identification and refinement of the issues, and set the date and agenda for that issues conference.
The Judge may issue a direction before an issues conference that requires the attendance at the conference of all or any of 15 the following: (a) (b) (c) instructing solicitors: all counsel engaged: the parties (or, in the case of corporate parties, their senior officers or authorised representatives).

If any conflict arises between the pleadings and the issues as identified and refined before or at an issues conference, the pleadings prevail.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.5 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) 20 25 7.6 Allocation of key dates (1) If it appears to the Judge at the first case management confer- ence that a proceeding can be readied for hearing or trial, the Judge must immediately allocate a date for hearing or trial.
If a proceeding has not been allocated a hearing or trial date at 30 the first case management conference, the Judge must allocate a date for its hearing or trial when the Judge is satisfied that it can be readied for hearing or trial.
7.5 (1) (2) (3) (2) 484 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 1—continued (3) A proceeding can be readied for hearing or trial for the purpose of subclauses (1) and (2) if it is reasonably anticipated that it will be able to proceed to hearing or trial without the need for— (a) (b) (c) any significant amendment of the pleadings; or any significant interlocutory application; or any significant refinement of the issues in the proceed- ing.
(4) (5) In addition to allocating a hearing or trial date under subclause (1) or (2), the Judge must fix a close of pleadings date.

It is the duty of all parties to a proceeding for which a date for hearing or trial has been allocated to notify the Registrar, without delay, if the proceeding is settled.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.6 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) Steps after close of pleadings date restricted 7.7 (1) No statement of defence or amended pleading or affidavit may be filed, and no interlocutory application may be made or step taken, after the close of pleadings date without the leave of a Judge.
Subclause (1) does not apply to— (a) (b) an application for leave under that subclause; or a pleading or an affidavit that merely brings up to date the information before the court; or an application for amendment of a defect or an error 25 under rule 1.9.
(2) (c) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.7 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) 7.8 (1) Pre-trial conferences The Judge or Registrar may order a pre-trial conference for a 30 proceeding that is being or has been allocated a hearing or trial date.
485 5 10 15 20 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 1—continued (2) Any matter may be considered at a pre-trial conference, in- cluding— (a) (b) whether background facts can be agreed to avoid hear- ing uncontested evidence: the size, contents, and format of the agreed bundle of 5 documents: (c) the amount of detail in any chronology of facts: (d) whether it will be helpful to direct the provision of lists of enactments and cases likely to be referred to: whether any oral evidence direction should be made 10 under rule 9.10.
(e) (3) The Judge at a pre-trial conference may give directions to se- cure the just, speedy, and inexpensive determination of the proceeding, including directions as to how the hearing or trial is to be conducted.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.8 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) 15 7.9 Cancellation of conference A Judge may cancel a case management or issues conference if, after reading the memoranda prepared for the conference, 20 the Judge is satisfied that the parties have achieved the goals of this subpart and, in particular, that they have— (a) identified, defined, and refined the issues requiring ju- dicial resolution; and completed all steps needed to prepare the proceeding for 25 hearing or trial; and devised an efficient way of conducting the hearing or trial that is proportionate to the subject matter.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.9 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) (b) (c) 30 7.10 Limitation of right of appeal (1) The parties may agree to exclude or limit any right of appeal from any judgment or order made in the proceeding.

486 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 1—continued (2) Any agreement under subclause (1) may be recorded on the court file in any form the Judge directs.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.10 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) 7.11 Timetable and monitoring obligations 5 The Registrar must— (a) (b) (c) arrange the date of the first case management confer- ence under rule 7.3(2): remind parties or their counsel of the timetable obliga- tions associated with any case management or pre-trial 10 conference: communicate with parties or their counsel who have a duty to file a memorandum or other documents and remind them of that duty.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.11 (as substituted 15 by r 10 of the High Court Amendment Rules (No 2) 2012) 7.12 Lists of proceedings The Registrar must cause the following lists to be kept: (a) a list of proceedings that have been allocated a hearing or trial date under rule 7.6(1) or (2); and a list of proceedings that have had their first case man- agement conference but have not been allocated a date for hearing or trial.
(b) 20 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.12 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) 25 7.13 Registrar’s functions in relation to hearing dates (1) After a Judge has allocated a hearing or trial date for a proceed- ing under rule 7.6(1) or (2), the Registrar must promptly— (a) record the proceeding in the list kept under rule 7.12(a); and record the hearing date and the close of pleadings date in that list; and (b) 30 487 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 1—continued (c) give written confirmation of both dates to all parties to the proceeding.
(2) The performance of the Registrar’s functions under this rule is subject to any direction by a Judge.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.13 (as substituted 5 by r 10 of the High Court Amendment Rules (No 2) 2012) 7.14 Case management conferences for appeals (1) In the case of an appeal under Part 20 or 26, the Registrar must make arrangements for a case management conference to be held on the first available date that is 15 working days after 10 any of the following dates: (a) the date on which a notice of appeal under rule 20.6 or an originating application under rule 26.3 is filed: the date on which leave to appeal is granted on an ap- plication under rule 20.3 or 26.15.
(b) 15 (2) A case management conference under this rule may be held as (3) (4) part of an appeals list.

The appellant must, as soon as practicable after being notified of the date of the case management conference, give notice of that date to everyone who has been, or is to be, served with a 20 copy of the notice of appeal or the originating application.

The parties must, not later than 2 working days before the case management conference,— (a) (b) 25 file a joint memorandum; or each file a memorandum.
(5) Any memorandum filed must— (a) (b) (c) (d) address the matters set out in Schedule 6; and specify any directions in Schedule 6 that should be deleted or modified, and why; and set out any additional directions sought, and why; and set out the issues raised by the appeal if they are not fully set out, or are different from those set out, in the notice of appeal.
30 488 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 1—continued (6) The directions set out in Schedule 6 apply except to the extent that those directions are modified by directions given by the Judge.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.14 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) 5 7.15 Directions for conduct of appeal (1) At a case management conference held under rule 7.14, the Judge will give directions for the conduct of the appeal that may, without limitation, include directions— (a) as to service of the notice of appeal or the originating 10 application, including service on persons not currently parties: about any cross-appeal, including directions as to ser- vice: in the case of an appeal under Part 20, as to how and 15 when any application to adduce further evidence on ap- peal is to be dealt with: in the case of an appeal under Part 26,— (i) as to the preparation of the record in accordance with rule 26.10 or in any other manner the Judge 20 thinks fit: as to the transcription of the evidence in accord- ance with rule 26.11: (ii) on any other matter for the purpose of best securing the just, speedy, and inexpensive determination of the 25 appeal.
(b) (c) (d) (e) (2) In the case of an appeal or reference by way of case stated under Part 21, this rule and rule 7.14 apply as if the appeal or reference were an appeal under Part 20, except that the refer- ences in rule 7.14(5) and (6) to Schedule 6 must be read as 30 references to Schedule 7.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.15 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) 489 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 1—continued 7.16 Jury notice If either party to a proceeding to which section 15 of the Act applies requires the proceeding to be tried before a Judge and a jury, the party must give notice to that effect to the court and to the other party not later than— (a) 5 working days before the close of pleadings date for the proceeding; or a date fixed by a Judge for the purpose.
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.16 (as substituted by r 10 of the High Court Amendment Rules (No 2) 2012) 7.17 Parties to keep Registrar informed [revoked] 7.18 No steps after setting down date without leave [revoked] Subpart 2—Interlocutory applications and interlocutory orders 7.19 Contents, form, and filing of interlocutory application (1) An interlocutory application must— (a) (b) state the relief sought and the grounds justifying that relief; and refer to any particular enactments or principles of law or judicial decisions on which the applicant relies.
The application need not ask for general or other relief.

The application is made by filing it in the court.

The application must be in form G 31 or G 32.

This subpart applies to the application.


Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.19 (as substituted by 2008 No 90 s 8) (2) (3) (4) (5) 490 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 2—continued 7.20 Affidavit to be filed with application Any affidavit in support of the application must be filed at the same time as the application.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.20 (as substituted by 2008 No 90 s 8) 5 7.21 Filing by post (1) An applicant may post an application and related documents together with the applicable fee to the Registrar at the proper registry of the court.

(2) A posted application is filed when that Registrar receives it 10 (3) (4) with the applicable fee.
The Registrar must acknowledge the receipt of all documents sent by post and notify the applicant of the hearing date (if any) allocated for the application.

If the application is made without notice and does not require 15 any attendance by or on behalf of the applicant, the Registrar must notify the applicant of the result of the application.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.21 (as substituted by 2008 No 90 s 8) 7.22 Service of application and supporting affidavit (1) After filing an application and any affidavit in support of it, the applicant must promptly serve a copy of the application and affidavit on every party.

20 (2) After the applicant is notified of the hearing date for the appli- (3) cation, the applicant must promptly notify every respondent of 25 the hearing date.
This rule does not apply to an application made without notice in accordance with rule 7.23.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.22 (as substituted by 2008 No 90 s 8) 30 491 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 2—continued 7.23 Application without notice (1) If the applicant wishes the application to be determined with- out any other party being served (in these rules referred to as an application without notice), the applicant must use form G 32.
5 (3) (a) (2) An application without notice must contain a certificate that— uses the words “I certify that this application complies with the rules”; and is personally signed by the applicant’s lawyer.
(b) The lawyer who signs the certificate must, before signing it, 10 be personally satisfied that— (a) the application and every affidavit filed in support of it complies with these rules: the order sought is one that ought to be made: there is a proper basis for seeking the order in an appli- 15 cation without notice.

(b) (c) (4) The lawyer is responsible to the court for those matters.
(5) Despite subclause (2), a Judge may dispense with the certifi- cate if the applicant is unrepresented and justice so requires, and if dispensation is sought, the applicant must state the rea- 20 sons for the absence of a lawyer’s certificate.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.23 (as substituted by 2008 No 90 s 8) 7.24 Notice of opposition to application (1) A respondent who intends to oppose an application must file 25 and serve on every other party a notice of opposition to the application within— (a) the period of 10 working days after being served with the application; or if the hearing date for the application is within that 30 period, 3 working days before the hearing date.
(b) The notice of opposition must— (a) state the respondent’s intention to oppose the applica- tion and the grounds of opposition; and (2) 492 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 2—continued (b) refer to any particular enactments or principles of law or judicial decisions on which the respondent relies.

(3) The notice of opposition must be in form G 33.


Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.24 (as substituted by 2008 No 90 s 8) 5 7.25 Affidavit to be filed with notice of opposition Any affidavit setting out evidence in support of the notice of opposition must be filed and served at the same time as the notice of opposition.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.25 (as substituted 10 by 2008 No 90 s 8) 7.26 Affidavit in reply (1) Any reply by the applicant to the respondent’s notice of op- position or affidavit must be by affidavit, which must be filed and served within— (a) the period of 5 working days after service of the notice of opposition; or if the hearing date for the application is within that period, 1 pm on the working day before that hearing date.
(b) (2) The affidavit in reply must be limited to new matters raised in the notice of opposition or in an affidavit filed by the respond- ent.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.26 (as substituted by 2008 No 90 s 8) 15 20 25 7.27 Evidence normally given by affidavit (1) Evidence relating to interlocutory applications is given by af- fidavit.

(2) Despite subclause (1), in special circumstances, a Judge may accept oral evidence.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.27 (as substituted by 2008 No 90 s 8) 30 493 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 2—continued 7.28 Cross-examination of maker of affidavit A Judge may in special circumstances, on the application of a party, order the attendance for cross-examination of a person who has made an affidavit in support of, or in opposition to, an interlocutory application.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.28 (as substituted by 2008 No 90 s 8) 7.29 Rules governing affidavits Rules 9.75 to 9.88 apply, with all necessary modifications, to affidavits filed for interlocutory applications.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.29 (as substituted by 2008 No 90 s 8) 7.30 Statements of belief in affidavits (1) A Judge may accept statements of belief in an affidavit in which the grounds for the belief are given if— (a) the interests of no other party can be affected by the application; or the application concerns a routine matter; or it is in the interests of justice.

(b) (c) Subclause (1) overrides rule 7.29.


Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.30 (as substituted by 2008 No 90 s 8) (2) 7.31 When admissions binding An admission of a fact expressly made only for the purpose of an application binds the party only for the application.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.31 (as substituted by 2008 No 90 s 8) 7.32 Previous affidavits and agreed statements of fact (1) Affidavits already filed in the court and agreed statements of fact, if made in the same proceeding or, with the leave of a 30 Judge, in any other proceeding between the same parties, may be used on the disposal of any application if— 494 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 2—continued (a) (b) prior notice of the intention to use them has been given to the opposite party (whether in the notice of applica- tion or in the notice of opposition or otherwise); or in the case of an application without notice, they are referred to in the notice of application.
Subclause (1) does not apply to an affidavit or to an agreed statement to the extent that the affidavit or statement contains any admission of the kind described in rule 7.31.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.32 (as substituted by 2008 No 90 s 8) 5 10 (2) 7.33 Allocation of hearing date On or following the filing of an application (other than an ap- plication without notice), the Registrar must allocate a hearing date for the application.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.33 (as substituted 15 by 2008 No 90 s 8) 7.34 Mode of hearing (1) An interlocutory application for which a hearing is required must be heard in chambers unless a Judge otherwise directs.

(2) On the Judge’s own initiative or on the application of 1 or more 20 of the parties, the Judge may conduct a hearing in chambers by telephone or video link.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.34 (as substituted by 2008 No 90 s 8) 7.35 Publication about hearing in chambers 25 Particulars of the hearing in chambers of an interlocutory ap- plication or of the decision or both (including the reasons for the decision) may be published unless a Judge or Registrar, ex- ercising jurisdiction in chambers, otherwise directs.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.35 (as substituted 30 by 2008 No 90 s 8) 495 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 2—continued 7.36 Application for summary judgment to be heard in open court Despite rule 7.34(1), every application for summary judgment must be heard in open court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.36 (as substituted 5 by 2008 No 90 s 8) 7.37 No hearing required if respondents consent or do not (1) oppose Subclause (2) applies if each respondent to an interlocutory application has stated on the application or in a memorandum 10 filed in the court that the respondent consents to, or does not oppose, the orders sought in the application.
(2) A Judge may— (3) (a) make the orders sought without holding a hearing; or (b) direct that the application be heard on the hearing date 15 allocated under rule 7.33.

If the Judge makes the orders without holding a hearing, the Registrar must promptly advise the parties of the orders made and the cancellation of the hearing date.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.37 (as substituted 20 by 2008 No 90 s 8) 7.38 Respondent who consents, or who does not oppose, need not attend hearing If a hearing of an interlocutory application is held, a respond- ent need not attend the hearing if the respondent consents to, 25 or does not oppose, the application and has notified the court in writing.
Subclause (1) does not apply if, on the hearing date allocated for the interlocutory application, a case management confer- ence is also due to be held.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.38 (as substituted by 2008 No 90 s 8) 30 (1) (2) 496 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 2—continued 7.39 Synopsis of argument (1) (2) (3) (4) (5) (6) This rule applies to a defended interlocutory application un- less, or to the extent that, a Judge directs otherwise.
The applicant must file and serve a synopsis of argument (syn- opsis) on every other party,— (a) if the respondent has filed a notice of opposition under rule 7.24(1)(a), at least 3 working days before the hear- ing of the interlocutory application; or if the respondent has filed a notice of opposition under rule 7.24(1)(b), at least 2 working days before the hear- 10 ing of the interlocutory application.
(b) 5 The applicant’s synopsis must— (a) (b) (c) (d) identify the general nature of the case: include a chronology of the material facts: outline the applicant’s principal submissions: be accompanied by or have annexed to it— (i) an indexed and paginated set of relevant docu- ments; and a list of authorities.

(ii) 15 The material required to be included in the applicant’s synop- 20 sis under subclause (3)(a) to (c) must not exceed 10 pages.
The respondent must, at least 1 working day before the hear- ing, file and serve a synopsis on every other party.
The respondent’s synopsis must— (a) identify any material facts that are not referred to in the 25 applicant’s synopsis: state any facts that are disputed: outline the respondent’s principal submissions: be accompanied by or have annexed to it— (i) an indexed and paginated set of any relevant 30 documents not included in the applicant’s syn- opsis; and a list of any authorities not included in the appli- cant’s synopsis.
(ii) (b) (c) (d) 497 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 2—continued (7) The material required to be included in the respondent’s syn- opsis under subclause (6)(a) to (c) must not exceed 10 pages.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.39 (as substituted by 2008 No 90 s 8) 7.40 Failure to attend (1) If a party is neither present nor represented at the hearing of an application, the Judge may— (a) determine the application in the party’s absence in any manner that appears just; or adjourn the application; or strike out the application.
(b) (c) If an order determining an application is made in the absence of a party, a Judge may, if the Judge thinks it just to do so, recall the order at any time before a formal record of it has been drawn up and sealed.

(2) 5 10 15 (3) A Judge may, in any manner that the Judge thinks just, rein- state an application that has been struck out for non-appear- ance.

(4) A Judge may make a determination referred to in subclause (2) or (3) on the Judge’s own initiative or on the application of 20 a party.
(5) Notice of an application under subclause (4) must be filed and served,— (a) (b) if it is made by a party who was present or represented at the hearing, within 5 working days after the hearing: 25 if it is made by a party who was neither present nor represented, within 5 working days after receipt by the party of notice of the decision given at the hearing.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.40 (as substituted by 2008 No 90 s 8) 30 7.41 Certain applications may be made orally at hearing (1) At a hearing, the Judge may agree to hear an oral application for an interlocutory order if— 498 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 2—continued (c) (d) (a) (b) all parties interested consent to the order sought; or these rules permit the application to be made without filing a notice of the application; or the order sought has been outlined in a memorandum filed for a case management conference, and no party 5 will be unduly prejudiced by the absence of a formal notice of the application; or because of the nature of the order sought, no party will be unduly prejudiced by the absence of a formal notice.
If the Judge agrees to hear an oral application, the Judge may 10 make any interlocutory order or grant any interlocutory relief the Judge could have made or granted on a formal notice of the application.

This rule overrides rule 7.19.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.41 (as substituted 15 by 2008 No 90 s 8) (2) (3) 7.42 Adjournment The hearing of an application may, from time to time, be ad- journed on any terms that the Judge thinks just.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.42 (as substituted 20 by 2008 No 90 s 8) 7.43 Making of interlocutory orders (1) A Judge may make any interlocutory order that— is provided for in these rules; or (a) (b) may be made under rule 1.6.

(2) An interlocutory order may be made— (3) on the interlocutory application of a party; or on a Judge’s own initiative.

(a) (b) Before making an order under subclause (2)(b), the Judge must give the parties an opportunity to be heard.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.43 (as substituted by 2008 No 90 s 8) 25 30 499 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 2—continued 7.43A Directions as to conduct of proceedings (1) A Judge may, by interlocutory order,— (a) (b) (c) fix the time by which a step in a proceeding must be taken: fix the time by which all interlocutory steps must be 5 completed: direct the steps that must be taken to prepare a proceed- ing for a substantive hearing: direct how the hearing is to be conducted: (d) (e) make any other direction or order that the court may 10 make under these rules.
(2) A party or intended party may apply without notice to a Judge for directions if in doubt about— (a) (b) whether it is correct or appropriate to join a person as a party; or the proper court in which to commence or take a step in a proceeding; or the correct method of proceeding under these rules.
(c) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.43A (as inserted by r 12 of the High Court Amendment Rules (No 3) 2013) 7.44 Power to grant interlocutory order or interlocutory relief A Judge may make any interlocutory order or grant any inter- locutory relief the Judge thinks just, even though the order or relief has not been specifically claimed and there is no claim for general or other relief.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.44 (as inserted by r 13 of the High Court Amendment Rules (No 3) 2013) 15 20 25 7.45 Interlocutory orders may be made subject to conditions A Judge may make an interlocutory order subject to any just terms or conditions, including, without limitation, any condi- 30 tion that— (a) a party give an undertaking: 500 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 2—continued the order operate only for a specified period.
(b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.45 (as substituted by 2008 No 90 s 8) 7.46 Determination of application without notice (1) (2) (3) (4) (5) The Registrar must refer an application without notice to a 5 Judge for direction or decision.

The Judge, on receiving an application without notice, must determine whether the application can properly be dealt with without notice.
The Judge may determine that an application can properly be 10 dealt with without notice only if the Judge is satisfied that— requiring the applicant to proceed on notice would (a) cause undue delay or prejudice to the applicant; or the application affects only the applicant; or the application relates to a routine matter; or an enactment expressly permits the application to be made without serving notice of the application; or the interests of justice require the application to be de- termined without serving notice of the application.
If the Judge determines that the application can properly be 20 dealt with without notice, the Judge may— (a) make the order sought in the application; or (b) make any other order that the Judge thinks just in the (b) (c) (d) (e) 15 circumstances; or dismiss the application.
(c) If the Judge determines that the application cannot properly be dealt with without notice, the Judge may— (a) give directions as to service and adjourn the determin- ation of the application until the application has been served on persons who are affected by the application; 30 or 25 501 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 2—continued (b) if the Judge considers that the application has no chance of success, dismiss the application.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.46 (as substituted by 2008 No 90 s 8) 7.47 Drawing up and sealing interlocutory order (1) A party may draw up an interlocutory order and submit it to 5 the Registrar for sealing.
(2) Despite subclause (1), a party who obtains an interlocutory order must draw up the order and submit it to the Registrar for sealing if the order— (a) (b) (c) If a party elects to have an order sealed, or is required by the court or by these rules to have an order sealed, the following 15 provisions apply: (a) affects a person who is not a party; or joins a person as a party; or directs that it be served on a person.
(3) 10 20 the party must file an original order together with suffi- cient copies so that the party and the other parties who have given an address for service can each receive a du- plicate sealed order: the order must be in form G 34: the order must specify the date on which it was made: the Registrar, when satisfied with the form of the order, must sign and seal the original and every copy: the Registrar must mark every copy with the word “du- 25 plicate”: the Registrar must retain the original on the file: the party who submitted the order for sealing must promptly serve a sealed copy on every other party who has given an address for service and on any person af- 30 fected by the order.
(b) (c) (d) (e) (f) (g) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.47 (as substituted by 2008 No 90 s 8) 502 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 2—continued (2) 7.48 Enforcement of interlocutory order (1) If a party (the party in default) fails to comply with an inter- locutory order or any requirement imposed by or under sub- part 1 of Part 7 (case management), a Judge may, subject to any express provision of these rules, make any order that the 5 Judge thinks just.
The Judge may, for example, order— (a) that any pleading of the party in default be struck out in whole or in part: that judgment be sealed: that the proceeding be stayed in whole or in part: that the party in default be committed: if any property in dispute is in the possession or control of the party in default, that the property be sequestered: that any fund in dispute be paid into court: the appointment of a receiver of any property or of any fund in dispute.
10 15 (b) (c) (d) (e) (f) (g) (3) An order must not be enforced by committal unless the order has been served personally on the party in default or that party had notice or knowledge of the order within sufficient time for 20 compliance with the order.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.48 (as substituted by 2008 No 90 s 8) 7.49 Order may be varied or rescinded if shown to be wrong (1) A party affected by an interlocutory order (whether made on a 25 Judge’s own initiative or on an interlocutory application) or by a decision given on an interlocutory application may, instead of appealing against the order or decision, apply to the court to vary or rescind the order or decision, if that party considers that the order or decision is wrong.
30 (2) A party may not apply under subclause (1) if the order or de- cision was made or given— (a) with the consent of the parties; or 503 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 2—continued (b) (c) on an interlocutory application for summary judgment under rule 12.4; or.

by an Associate Judge in chambers.


(3) Notice of an application under subclause (1) must be filed and served,— (a) (b) 5 if it is made by a party who was present or represented when the order was made or the decision given, within 5 working days after the order was made or the decision was given: if it is made by a party who was not present and not 10 represented, within 5 working days after receipt by the party of notice of the making of the order or the giving of the decision, and of its terms.
(4) The application does not operate as a stay unless a Judge so orders.

15 (6) (5) Unless a Judge otherwise directs, the application must be heard by the Judge who made the order or gave the decision.

The Judge may,— (a) if satisfied that the order or decision is wrong, vary or rescind the order or decision; or on the Judge’s own initiative or on the application of a party, transfer the application to the Court of Appeal.
(b) 20 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.49 (as substituted by 2008 No 90 s 8) 7.50 Order relating to management of proceeding may be 25 varied if circumstances change This rule applies to an order or direction (a determination) that— (a) (b) If there has been a change in circumstances affecting a party or the party’s solicitor or counsel since the making of a deter- mination, a Judge may, on application, vary the determination.
relates to the management of a proceeding; and has been made by a Judge in chambers.

30 (1) (2) 504 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 2—continued (3) Despite subclause (2), a Judge may, on application or on the Judge’s own initiative, direct that an application under sub- clause (2) to vary a determination made by a Judge in cham- bers be heard as an application under rule 7.49(1) or be trans- ferred to the Court of Appeal.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.50 (as substituted by 2008 No 90 s 8) 5 7.51 Order may be rescinded if fraudulently or improperly obtained (1) A Judge may rescind any order that has been fraudulently or 10 (2) (3) improperly obtained.

The Judge may grant any further relief by way of costs that the interests of justice require.

This rule does not limit any other remedies of a party who has been adversely affected by an order that has been fraudulently 15 or improperly obtained.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.51 (as substituted by 2008 No 90 s 8) 7.52 Limitation as to second interlocutory application (1) A party who fails on an interlocutory application must not 20 apply again for the same or a similar order without first ob- taining the leave of a Judge.

(2) A Judge may grant leave only in special circumstances.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.52 (as substituted by 2008 No 90 s 8) 25 Subpart 3—Interim relief 7.53 Application for injunction (1) An application for an interlocutory injunction may be made by a party before or after the commencement of the hearing of a proceeding, whether or not an injunction is claimed in the 30 party’s statement of claim, counterclaim, or third party notice.
505 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 3—continued (2) The plaintiff may not make an application for an interlocutory injunction before the commencement of the proceeding except in case of urgency, and any injunction granted before the com- mencement of the proceeding— (a) must provide for the commencement of the proceeding; 5 and (b) may be granted on any further terms that the Judge thinks just.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.53 (as substituted by 2008 No 90 s 8) 10 7.54 Undertaking as to damages (1) An applicant for an interlocutory injunction under rule 7.53 must file a signed undertaking that the applicant will comply with any order for the payment of damages to compensate the other party for any damage sustained through the injunction.

The undertaking must be referred to in the order granting the interlocutory injunction and is part of it.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.54 (as substituted by 2008 No 90 s 8) (2) 7.55 Preservation of property (1) A Judge may at any stage in a proceeding make orders, subject to any conditions specified by the Judge, for the detention, custody, or preservation of any property.

15 20 (3) (2) An order may authorise a person to enter any land or to do any other thing for the purpose of giving effect to the order.
The Judge may order that a fund be paid into court or otherwise secured if the proceeding concerns the right of a party to the fund.

The Judge may treat an application under this rule as an ap- plication for directions under rule 7.43A and give directions 30 accordingly.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.55 (as substituted by 2008 No 90 s 8) (4) 25 506 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 3—continued 10 15 7.56 Sale of perishable property before hearing (1) A Judge may, on application, make an order authorising a per- son to sell property (other than land) in a manner and subject to any conditions stated in the order if— (a) the proceeding concerns the property or raises, or may 5 raise, questions about the property; and the property— (i) (ii) is perishable or likely to deteriorate; or should for any other reason be sold before the hearing.
(b) (2) The Judge may treat an application under this rule as an ap- plication for directions under rule 7.43A and give directions accordingly.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.56 (as substituted by 2008 No 90 s 8) 7.57 Order to transfer part of property to person with interest in property (1) At any stage of a proceeding concerning property a Judge may order, subject to any conditions, that a part of the property be transferred or delivered to a person who has an interest in the 20 property.
The order may be made if the Judge is satisfied— (a) (2) that the part of the property transferred or delivered is not required for the provision that ought to be made to meet the claims on the property; and that the order is necessary or desirable— (i) to exclude the part of the property from an in- junction or other order; or to protect the person who is to transfer or deliver the property.
(ii) 25 30 (b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.57 (as substituted by 2008 No 90 s 8) 507 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 3—continued 7.58 Interim payment of income to person with interest in income (1) At any stage of a proceeding concerning property a Judge may order, subject to any conditions, that the whole or part of the income from the property be paid, during a period stated in the 5 order, to 1 or more persons who have an interest in the income.
The order may be made if the Judge is satisfied— (a) (2) that the income stated in the order is not required for any provision that ought to be made to meet the claims on the property or its income; and that the order is necessary or desirable— (i) to exclude the income from a freezing injunction or other order; or to protect the person who is to pay the income.
(ii) 10 (b) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.58 (as substituted 15 by 2008 No 90 s 8) Subpart 4—Receivers 7.59 Application Rules 7.60 to 7.67 apply to a receiver appointed under an order of the court to the extent that the order does not expressly pro- 20 vide otherwise.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.59 (as substituted by 2008 No 90 s 8) 7.60 Address for service The receiver must, within 5 working days after appointment, 25 file a notice specifying an address for service.

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.60 (as substituted by 2008 No 90 s 8) 7.61 Receiver must give security (1) A Judge may give directions as to the security that the receiver 30 is required to give in accordance with this rule.
508 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 4—continued (2) If a Judge directs that a receiver be appointed, no appointment may be made until the person to be appointed has given secur- ity in accordance with this rule.

(3) Any security given under this rule must be approved by the (4) Registrar.
The Registrar must be satisfied that the security is sufficient to ensure that the receiver will— (a) account for everything received in his or her capacity as receiver; and comply with any direction given by a Judge.

(b) (5) A Judge may vary any directions given and may, in particular, (6) order that the security be varied or discharged.

Subclauses (1) and (2) are subject to any enactment.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.61 (as substituted by 2008 No 90 s 8) 5 10 15 7.62 Remuneration of receiver (1) A receiver must be paid the remuneration fixed by a Judge.

(2) A Judge may, in the order appointing a receiver or in a later order, name the party or parties who must pay the remuner- ation and, if more than 1 party is named, the proportion to be 20 paid by each party.

(3) A Judge may order any party or parties to give security for the (4) receiver’s remuneration.
Subclause (3) does not affect subclause (2).

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.62 (as substituted 25 by 2008 No 90 s 8) 7.63 Accounts of receiver A receiver must file accounts at the intervals or on the dates specified in directions given by a Judge.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.63 (as substituted 30 by 2008 No 90 s 8) 509 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 4—continued 7.64 Examination of accounts The receiver must— (1) (a) (b) on filing the accounts, request the Registrar to examine the accounts and to allocate a date and time for that examination; and serve on each party interested who has given an address for service in the proceeding— (i) (ii) a copy of the accounts; and a notice of the date and time allocated for the examination of the accounts.
(2) The receiver must, unless a Judge otherwise orders, attend at the examination of the accounts.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.64 (as substituted by 2008 No 90 s 8) 7.65 Default by receiver (1) A Judge may make any orders and give any directions that the Judge thinks fit if a receiver does not comply with a require- ment, under these rules or an order or a direction,— to file any accounts or an affidavit; or (a) to attend at the examination of the accounts; or (b) to do any other thing.
(c) (2) Orders and directions made under subclause (1) may include the discharge of the receiver; and the appointment of another receiver; and the payment of costs.
orders and directions for— (a) (b) (c) If a receiver does not comply with a requirement under these rules or an order or direction of a Judge to pay into court a sum shown by the accounts as due from the receiver, a Judge may order the receiver to pay interest at the rate prescribed 30 under section 452(2) of the Judicature Modernisation Act 2013.

This rule does not limit the powers of the court to enforce orders or to punish contempt.
(3) (4) 510 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 4—continued (5) Subclause (3) does not limit subclause (1) or (2).

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.65 (as substituted by 2008 No 90 s 8) 7.66 Powers of receiver (1) A Judge may authorise a receiver to do (either in the receiver’s 5 own name or in that of 1 or more parties) any act or thing that 1 or more parties could do if of full age and capacity.
(2) An authority given under subclause (1)— (a) may apply generally or be limited to a particular in- (b) stance; and has effect even if 1 or more parties are not of full age and capacity.

10 This rule does not limit the powers of a Judge to authorise a receiver to do any act or thing.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.66 (as substituted 15 by 2008 No 90 s 8) (3) 7.67 Accounts on death of receiver (1) If the receiver in any proceeding dies, a Judge may, on ap- plication, make any orders the Judge thinks fit for the filing and examining of accounts by the personal representatives of 20 the deceased receiver and for the payment into court of any amount shown to be due.
(2) A Judge may not make any order under subclause (1) unless notice of the application has been served on the personal rep- resentatives.

25 (3) Notice of the application may be served in any manner in which a statement of claim may be served.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.67 (as substituted by 2008 No 90 s 8) 511 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 5—Interim payments 7.68 Interpretation In rules 7.69 to 7.76, interim payment means a payment on account of any damages, debt, or other sum (excluding costs) that the defendant in a proceeding may be held liable to pay 5 to, or for the benefit of, the plaintiff in that proceeding.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.68 (as substituted by 2008 No 90 s 8) 7.69 Application for interim payment (1) The plaintiff in a proceeding may, at any time after the time 10 for the filing of a statement of defence by the defendant has expired, apply to the court for an order requiring the defendant to make an interim payment.
(2) An application under subclause (1) must be supported by an affidavit— (a) stating the amount of the damages, debt, or other sum to which the application relates and the reasons for making the application; and attaching any documentary evidence relied on by the plaintiff in support of the application.
(b) 15 20 (3) The application and a copy of the affidavit in support and any documents annexed to it must be served on the defendant against whom the order is sought at least 10 working days be- fore the date allocated for the hearing of the application.

(4) A second or subsequent application for an interim payment 25 may be made if it is shown to be justified, even if such an order has previously been made or refused.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.69 (as substituted by 2008 No 90 s 8) 7.70 Order for interim payment in respect of damages (1) A Judge may make an order under subclause (2) if, on hearing 30 the application, the Judge is satisfied that— (a) the defendant against whom the order is sought has ad- mitted liability for the plaintiff’s damages; or 512 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 5—continued (b) (c) the plaintiff has a judgment against the defendant for damages to be assessed; or on a trial of the proceeding, the plaintiff would obtain judgment for substantial damages against the defendant or, if there are several defendants, against 1 or more of 5 them.
(3) (2) A Judge may, within the limits in subclause (3), order the de- fendant to make an interim payment of an amount that the Judge thinks just.

The amount must not exceed a reasonable proportion of the 10 damages the plaintiff is, in the opinion of the Judge, likely to recover after taking into account— (a) (b) any relevant contributory negligence; and any set-off, cross-claim, or counterclaim on which the defendant may be entitled to rely.
15 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.70 (as substituted by 2008 No 90 s 8) 7.71 Order for interim payment in respect of sums other than damages (1) A Judge may make an order under subclause (2) if, on hearing 20 the application, the Judge is satisfied— (a) that the plaintiff has obtained an order for an account to be taken as between the plaintiff and the defendant and for the payment of any amount certified to be payable on the basis of that account; or in the case of a claim for the possession of land, that even if the proceeding was finally determined in favour of the defendant, the defendant would still be required to compensate the plaintiff for the defendant’s use and occupation of the land before the determination of the 30 proceeding; or that, on the trial of the proceeding, the plaintiff is likely to obtain judgment against the defendant for a substan- tial sum of money apart from any damages or costs.
25 (b) (c) 513 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 5—continued (3) (2) A Judge may order that the defendant pay an amount the Judge thinks just, after taking into account any set-off, cross-claim, or counterclaim on which the defendant may be entitled to rely.

The order does not prejudice any contentions of the parties as to the nature or character of the sum to be paid by the defen- 5 dant.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.71 (as substituted by 2008 No 90 s 8) 7.72 Method of payment (1) The amount of any interim payment ordered to be made must 10 be paid to the plaintiff unless the order provides for it to be paid into court.

If the amount is paid into court, a Judge may, on the application of the plaintiff, order the whole or any part of it to be paid out to the plaintiff at a time or times the Judge thinks just.
If the person entitled to an interim payment or to a part of an interim payment belongs to a class of persons stated in sub- clause (4), acceptance of the interim payment is subject to the approval of a Judge and payment out of court may not be made without the leave of a Judge.
The classes are— (a) minors (not including a minor to whom rule 4.31(2) 20 15 (2) (3) (4) (c) (b) applies): persons subject to a property order under the Protection of Personal and Property Rights Act 1988: incapacitated persons within the meaning of rule 4.29.

(5) An application under subclause (2) for money in court to be paid out may be made without notice, but a Judge hearing the application may direct that notice of the application be served on the other party.
(6) An interim payment may be ordered to be made in 1 sum or by any instalments a Judge thinks just.

514 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 5—continued (7) (8) If a payment is ordered in respect of the defendant’s use and occupation of land, the order may provide for periodical pay- ments to be made while the proceeding awaits determination.

Subclause (1) is subject to subclause (3).


Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.72 (as substituted 5 by 2008 No 90 s 8) 7.73 Directions on interim payment application When an application is made under rule 7.69, a Judge may give any directions as to the further conduct of the proceeding that the Judge thinks just, and may, in particular, order an early 10 trial of the proceeding.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.73 (as substituted by 2008 No 90 s 8) 7.74 Non-disclosure of interim payment (1) (2) (3) The fact that an order has been made under rule 7.70(2) or 15 7.71(2) must not be pleaded.

The fact that the order has been made or that an interim pay- ment has been made, whether voluntarily or under an order, must not be disclosed at the trial, or hearing, of any question or issue as to liability or damages.
Subclause (2) does not prevent the disclosure of any fact— (a) to the extent that the defendant consents to, or a Judge directs, the disclosure; or after all questions of liability and amount have been determined.
(b) 25 20 Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.74 (as substituted by 2008 No 90 s 8) 7.75 Adjustment on final judgment or order or on discontinuance (1) A Judge may, on the application of a party, make an order 30 with respect to an interim payment made under an order or voluntarily that the Judge thinks just.
515 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 5—continued (2) A Judge may, in particular, make an order for— (a) (b) (c) the repayment by the plaintiff of all or part of the interim payment; or the variation or discharge of the interim payment; or the payment by another defendant of part of the interim 5 payment, if the defendant who made the interim pay- ment is entitled to recover from the other defendant an amount— (i) (ii) by way of contribution or indemnity; or in respect of a remedy or relief relating to, or 10 connected with, the plaintiff’s claim.
(3) A Judge may make an order under this rule— when giving or making a final judgment or order; or (a) (b) when granting the plaintiff leave to discontinue the pro- ceeding or to withdraw the claim in respect of which the 15 interim payment has been made; or at any other stage of the proceeding.
(c) Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.75 (as substituted by 2008 No 90 s 8) 7.76 Counterclaims and other proceedings Rules 7.68 to 7.75 apply, with all necessary modifications, to any counterclaim or proceeding in which one party seeks an order for an interim payment from another.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.76 (as substituted by 2008 No 90 s 8) 20 25 Subpart 6—Amendment of pleading 7.77 Filing of amended pleading (1) A party may before trial file an amended pleading and serve a copy of it on the other party or parties.
(2) An amended pleading may introduce, as an alternative or 30 otherwise,— (a) relief in respect of a fresh cause of action, which is not statute barred; or 516 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 6—continued (b) a fresh ground of defence.

(4) (3) An amended pleading may introduce a fresh cause of action whether or not that cause of action has arisen since the filing of the statement of claim.
If a cause of action has arisen since the filing of the statement 5 of claim, it may be added only by leave of the court.

If leave is granted, the amended pleading must be treated, for the pur- poses of the law of limitation defences, as having been filed on the date of the filing of the application for leave to introduce that cause of action.

Subclause (4) overrides subclause (1).


If an amended pleading introduces a fresh cause of action, the other party must file and serve that party’s defence to it within 10 working days after the day on which the amended pleading is actually served on the other party.
(5) (6) 10 15 (8) (7) When an amended pleading does not introduce a fresh cause of action, the other party may, within 5 working days after the day on which the amended pleading is served on that other party, file and serve an amended defence to it.

If an amended pleading has been filed under this rule, the party 20 filing the amended pleading must bear all the costs of and occa- sioned by the original pleading and any application for amend- ment, unless the court otherwise orders.
This rule does not limit the powers conferred on the court by rule 1.9.

(9) 25 (10) This rule is subject to rule 7.7 (which prohibits steps after the close of pleadings date without leave).
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.77 (as substituted by 2008 No 90 s 8) 517 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 7—Recovery of specific property subject to lien 7.78 Recovery of specific property subject to lien or other (1) (2) (3) (4) security This rule applies if a party (A) seeks to recover specific prop- 5 erty other than land and the party from whom recovery is sought (B) does not dispute the title of A, but claims to retain the property by virtue of a lien or otherwise as security for a sum of money.
The court may order that A may pay into court the amount of 10 money in respect of which the lien or security is claimed, and such further sum (if any) for interest and costs as the court directs, and money so paid in must be held by the court until the result of the proceeding is known.

If payment into court is made, the court may order that the 15 property claimed be delivered to its claimant.
Subclause (1) is applicable as soon as the claim to retain the property appears from the statement of defence or otherwise.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.78 (as substituted by 2008 No 90 s 8) 20 Subpart 8—Negotiations for settlement 7.79 Court may assist in negotiating for settlement (1) A Judge may, at any time before the hearing of a proceeding, convene a conference of the parties in chambers for the pur- pose of negotiating for a settlement of the proceeding or of any 25 issue, and may assist in those negotiations.
(2) A Judge who presides at a conference under subclause (1) may not preside at the hearing of the proceeding unless— (a) (b) all parties taking part in the conference consent; and the Judge is satisfied there are no circumstances that 30 would make it inappropriate for the Judge to do so.
(3) A Judge may, at any time during the hearing of a proceeding, with the consent of the parties, convene a conference of the 518 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 8—continued parties for the purpose of negotiating for a settlement of the proceeding or of any issue.
(4) A Judge who convenes a conference under subclause (3) may not assist in the negotiations, but must arrange for an Associate Judge or another Judge to do so unless— (a) the parties agree that the Judge should assist and con- tinue to preside at the hearing; and the Judge is satisfied there are no circumstances that would make it inappropriate for the Judge to do so.
(b) 5 (6) (5) A Judge may, with the consent of the parties, make an order at 10 any time directing the parties to attempt to settle their dispute by the form of mediation or other alternative dispute resolution (to be specified in the order) agreed to by the parties.
The parties, and a Judge or Associate Judge who presides at a conference or assists in negotiations under this rule, must not 15 disclose any statement made during a conference, either— (a) (b) This rule must be read with subpart 8 of Part 2 of the Evidence Act 2006 (privilege).

Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.79 (as substituted by 2008 No 90 s 8) in court; or otherwise.
(7) 20 7.80 Arbitration by consent (1) The parties to a proceeding may agree to arbitration of their dispute or any part of it under the Arbitration Act 1996 at any 25 time during the course of the proceeding.

If an arbitration agreement entered into during the course of a proceeding relates to all the matters in dispute in the proceed- ing, the court must, on application by a party, stay the proceed- ing.
If an arbitration agreement entered into during the course of a proceeding relates to some but not all of the matters in dis- pute in the proceeding, the court must, on application by a 30 (2) (3) 519 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 7—continued Subpart 8—continued (4) (5) party, stay those parts of the proceeding to which the arbitra- tion agreement relates.

The court may make the stay on terms as to costs or other ancillary matters.
Subclauses (2) and (3) do not apply if the court finds that the 5 agreement has no effect or is inoperative or incapable of being performed.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.80 (as substituted by 2008 No 90 s 8) Subpart 9—Interim relief in respect of overseas proceedings 10 (2) 7.81 Interim relief in support of overseas proceedings (1) On the application of a party or an intended party to judicial proceedings commenced or to be commenced outside New Zealand (overseas proceedings), the court may, if the court 15 thinks it just to do so, give interim relief in support of the over- seas proceedings.
These rules apply to an application under subclause (1) as if the overseas proceedings for which support is sought had been commenced under these rules.

Subclause (1) does not apply to— an application for an interim payment under subpart 5: (a) an application for discovery under subpart 3 of Part 8: (b) an application in relation to evidence under Part 9: (c) (d) an application for a freezing order under Part 32.
Before making an order under this rule, the court must be sat- isfied that there is a real connecting link between the subject matter of the interim relief and the territorial jurisdiction of the court.

(4) (3) 20 25 (5) An order under subclause (1) must not be inconsistent with 30 interim relief granted in the overseas proceedings by the court outside New Zealand.
520 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 7—continued Subpart 9—continued (6) This rule does not apply to a civil proceeding commenced or to be commenced in an Australian court.
Compare: 2008 No 90 Schedule 1908 No 89 Schedule 2 r 7.81 (as substituted by 2008 No 90 s 8) 8.1 Part 8 Discovery and inspection and interrogatories Subpart 1—Discovery and inspection 5 Interpretation In this subpart,— discovery order means an order that requires each party to 10 a proceeding to discover the existence of documents to every other party standard discovery means discovery that complies with rule 8.7 tailored discovery means discovery that complies with rule 15 8.8.
Compare: 1908 No 2 Schedule 2 r 8.1 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) 8.2 Co-operation (1) The parties must co-operate to ensure that the processes of 20 discovery and inspection are— (a) proportionate to the subject matter of the proceeding; and facilitated by agreement on practical arrangements.
(2) (b) The parties must, when appropriate,— (a) consider options to reduce the scope and burden of dis- covery; and achieve reciprocity in the electronic format and pro- cesses of discovery and inspection; and ensure technology is used efficiently and effectively; 30 and (b) (c) 25 521 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 1—continued (d) employ a format compatible with the subsequent prep- aration of an electronic bundle of documents for use at trial.
Compare: 1908 No 2 Schedule 2 r 8.2 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) 5 Preservation of documents 8.3 (1) As soon as a proceeding is reasonably contemplated, a party or prospective party must take all reasonable steps to preserve documents that are, or are reasonably likely to be, discoverable in the proceeding.
10 (2) Without limiting the generality of subclause (1), documents in electronic form which are potentially discoverable must be preserved in readily retrievable form even if they would other- wise be deleted in the ordinary course of business.
Compare: 1908 No 2 Schedule 2 r 8.3 (as substituted by r 4 of the High Court 15 Amendment Rules (No 2) 2011) Initial disclosure 8.4 (1) After filing a pleading, a party must, unless subclause (2) ap- plies, serve on the other parties, at the same time as the service of that pleading, a bundle consisting of— (a) (b) all the documents referred to in that pleading; and any additional principal documents in the filing party’s control that that party has used when preparing the pleading and on which that party intends to rely at the trial or hearing.
20 25 (2) A party need not comply with subclause (1) if— (a) (b) the circumstances make it impossible or impracticable to comply with subclause (1); and a certificate to that effect, setting out the reasons why compliance is impossible or impracticable, and signed 30 by counsel for that party, is filed and served at the same time as the pleading.
522 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 1—continued (3) A party acting under subclause (2) must, unless the other par- ties agree that initial disclosure is not required, or that a longer period is acceptable, either serve the bundle referred to in sub- clause (1) within 10 working days from the service of the pleading or apply for a variation of that requirement within 5 that period.
If a party fails to comply with subclause (1) or (3), a Judge may make any of the orders specified in rule 7.48.

(4) (5) Despite subclause (1), a party does not need to disclose any document in which the party claims privilege or that a party 10 claims to be confidential.

(6) Despite subclause (1), a party does not need to disclose any document that either— (a) (b) is the subject of a claim of public interest immunity; or is reasonably apprehended by the party to be the subject 15 of such a claim.
(8) (9) (7) Despite subclause (1), a party does not need to include in a bundle served by that party any document contained in a bun- dle already served by any party or any document attached to an affidavit already filed in court.

The bundle of documents may be served either electronically or as a bundle of copies in hard copy form.
If an amended pleading is filed prior to the making of a dis- covery order, this rule applies to that amended pleading if it either— (a) refers to documents not referred to in any earlier plead- ing filed by the party who files the amended pleading; or pleads additional facts.
(b) Compare: 1908 No 89 Schedule 2 r 8.4 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) 20 25 30 523 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 1—continued 8.5 Discovery orders to be made at case management conferences (1) A Judge must make a discovery order for a proceeding unless he or she considers that the proceeding can be justly disposed of without any discovery.
5 (2) An order under subclause (1) must be made at the first case management conference that is held for the proceeding, unless there is good reason for making the order later.
Compare: 1908 No 89 Schedule 2 r 8.5 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) 10 Two kinds of discovery Discovery orders made under this subpart may direct either— (a) (b) Compare: 1908 No 89 Schedule 2 r 8.6 (as substituted by r 4 of the High Court 15 Amendment Rules (No 2) 2011) standard discovery; or tailored discovery.
Standard discovery Standard discovery requires each party to disclose the docu- ments that are or have been in that party’s control and that are— (a) (b) documents on which the party relies; or documents that adversely affect that party’s own case; or documents that adversely affect another party’s case; or documents that support another party’s case.
(c) (d) Compare: 1908 No 89 Schedule 2 r 8.7 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) 20 25 Tailored discovery Tailored discovery must be ordered when the interests of just- ice require an order involving more or less discovery than 30 standard discovery would involve.
Compare: 1908 No 89 Schedule 2 r 8.8 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) 8.6 8.7 8.8 524 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 1—continued 8.9 Presumption as to tailored discovery It is to be presumed, unless the Judge is satisfied to the con- trary, that the interests of justice require tailored discovery in proceedings— (a) where the costs of standard discovery would be dis- 5 proportionately high in comparison with the matters at issue in the proceeding; or that involve 1 or more allegations of fraud or dishon- esty; or in which the total of the sums in issue exceeds 10 $2,500,000; or in which the total value of any assets in issue exceeds $2,500,000; or in which the parties agree that there should be tailored discovery.
15 (b) (c) (d) (e) Compare: 1908 No 89 Schedule 2 r 8.9 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) 8.10 Obligation of party ordered to make tailored discovery Tailored discovery requires a party against whom it is ordered to disclose the documents that are or have been in that party’s 20 control either in categories as indicated in clause 3(2) of Part 1 of Schedule 9 or under some other method of classification that facilitates the identification of particular documents.
Compare: 1908 No 89 Schedule 2 r 8.10 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) 25 8.11 Preparation for first case management conference (1) The parties must, not less than 10 working days before the first case management conference, discuss and endeavour to agree on an appropriate discovery order, and the manner in which inspection will subsequently take place, having addressed the 30 matters in the discovery checklist in accordance with Part 1 of Schedule 9.
The joint memorandum, or separate memoranda, filed under rule 7.3 must, in addition to the matters required to be ad- (2) 525 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 1—continued (3) dressed under rule 7.3(3), set out the terms of the discovery order that the Judge is requested to make and the reasons for a discovery order in those terms.
If the parties agree to vary the listing and exchange protocol set out in Part 2 of Schedule 9, they need advise the Judge only that variation has been agreed, not the details of that variation.
Compare: 1908 No 89 Schedule 2 r 8.11 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) 8.12 Orders that may be made (1) At the case management conference the Judge may, under rule 8.5, make— (a) (b) (c) an order dispensing with discovery; or an order for standard discovery; or an order for tailored discovery, setting out categories (by, for example, subject headings and date periods) or another method of classification by which documents are to be identified.
(2) The discovery order may— (a) incorporate the listing and exchange protocol set out in Part 2 of Schedule 9; or vary that protocol; or contain other obligations that are considered appropri- ate.

(b) (c) (3) The discovery order may include specific directions as to the manner of discovery.

(4) A discovery order does not require a party to discover elec- tronically stored information that is not primary data.
(5) Despite subclause (4), the Judge may order a party to discover 30 electronically stored information that is not primary data if the Judge is satisfied that the need for, and the relevance and materiality of, the non-primary data sought justify the cost and burden of retrieving and producing that data.
526 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 1—continued (6) For the purposes of this rule, primary data means active data and readily retrievable archival data.
Compare: 1908 No 89 Schedule 2 r 8.12 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) 8.13 Solicitor’s discovery obligations 5 As soon as practicable after a party becomes bound to comply with a discovery order, the solicitor who acts for the party in the proceeding must take reasonable care to ensure that the party— (a) (b) Compare: 1908 No 89 Schedule 2 r 8.13 (as substituted by r 4 of the High Court Amendment Rules (No 2) 2011) understands the party’s obligations under the order; and 10 fulfils those obligations.
8.14 Extent of search (1) A party must make a reasonable search for documents within 15 the scope of the discovery order.
(2) What amounts to a reasonable search depends on the circum- stances, including the following factors: (a) (b) (c) (d) (e) the nature and complexity of the proceeding; and the number of documents involved; and the ease and cost of retrieving a document; and the significance of any document likely to be found; and the need for discovery to be proportionate to the subject matter of the proceeding.
20 Compare: 1908 No 89 Schedule 2 r 8.14 (as substituted by r 4 of the High Court 25 Amendment Rules (No 2) 2011) 8.15 Affidavit of documents (1) Each party must file and serve an affidavit of documents that complies with this rule, subject to any modifications or direc- tions contained in a discovery order.
In the affidavit of documents, the party must— (a) refer to the discovery order under which the affidavit is made; and 30 (2) 527 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 1—continued (b) (c) (d) (e) (f) state that the party understands the party’s obligations under the order; and give particulars of the steps taken to fulfil those obliga- tions; and state the categories or classes of documents that have 5 not been searched, and the reason or reasons for not searching them; and list or otherwise identify the documents required to be discovered under the order in a schedule that complies with rule 8.16 and Part 2 of Schedule 9; and state any restrictions proposed to protect the claimed confidentiality of any document.
10 (3) (4) The affidavit may be in form G 37.

Each party must file and serve the affidavit of documents within such time as the court directs or, if no direction is 15 made, within 20 working days after the date on which the discovery order is made.
Compare: 1908 No 89 Schedule 2 r 8.20 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 8.16 Schedule appended to affidavit of documents (1) The schedule referred to in rule 8.15(2)(e) must, in accordance with that discovery order, list or otherwise identify documents that— (a) 20 are in the control of the party giving discovery and for which the party does not claim privilege or confidential- 25 ity: are in the control of the party giving discovery for which privilege is claimed, stating the nature of the privilege claimed: are in the control of the party giving discovery for which 30 confidentiality is claimed, stating the nature and extent of the confidentiality: have been, but are no longer, in the control of the party giving discovery, stating when the documents ceased to (b) (c) (d) 528 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 1—continued (e) be in that control, and the person who now has control of them: have not been in the control of the party giving discov- ery but which that party knows would be discoverable if that party had control of them.
5 Subject to Part 2 of Schedule 9, documents of the same nature falling within subclause (1)(b), (d), or (e) may be described as a group or groups.

The description of documents for which privilege is claimed under subclause (1)(b) must be sufficient to inform the other 10 parties of the basis on which each document is included in a group under subclause (2).

The schedule must include documents that have previously been disclosed under rule 8.4.
The schedule need not include— (a) (b) documents filed in court; or correspondence that may reasonably be assumed to be in the possession of all parties.

15 Compare: 1908 No 89 Schedule 2 r 8.21 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 20 (2) (3) (4) (5) 8.17 Variation of discovery order (1) (2) Subject to rule 7.18, a party may apply for an order varying the terms of a discovery order.
The variation may be granted by a Judge on the ground that— (a) compliance or attempted compliance with the terms of 25 the order has revealed a need for a variation; or there has been a change of circumstances that justifies reconsideration.
(b) Compare: 1908 No 89 Schedule 2 r 8.22 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 30 8.18 Continuing obligations (1) Each party against whom a discovery order is made has a con- tinuing obligation to give discovery and offer inspection at all 529 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 1—continued stages of the proceeding, even if that party has filed and served an affidavit of documents that complies with this subpart.
(2) A party must discover a document if, in the course of com- plying with an order for tailored discovery, that party becomes aware of a document that is not required to be discovered under 5 the order, but that— (a) (b) (c) Compare: 1908 No 89 Schedule 2 r 8.18 (as substituted by r 4 of the High Court 10 Amendment Rules (No 2) 2011) adversely affects that party’s own case; or adversely affects another party’s case; or supports another party’s case.
8.19 Order for particular discovery against party after proceeding commenced If at any stage of the proceeding it appears to a Judge, from evi- dence or from the nature or circumstances of the case or from 15 any document filed in the proceeding, that there are grounds for believing that a party has not discovered 1 or more docu- ments or a group of documents that should have been discov- ered, the Judge may order that party— to file an affidavit stating— (a) (i) 20 (ii) whether the documents are or have been in the party’s control; and if they have been but are no longer in the party’s control, the party’s best knowledge and belief as to when the documents ceased to be in the party’s 25 control and who now has control of them; and to serve the affidavit on the other party or parties; and if the documents are in the person’s control, to make those documents available for inspection, in accordance with rule 8.27, to the other party or parties.
30 (b) (c) Compare: 1908 No 89 Schedule 2 r 8.24 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 530 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 1—continued 8.20 Order for particular discovery before proceeding (1) (2) commenced This rule applies if it appears to a Judge that— (a) a person (the intending plaintiff) is or may be entitled to claim in the court relief against another person (the 5 intended defendant) but that it is impossible or imprac- ticable for the intending plaintiff to formulate the in- tending plaintiff’s claim without reference to 1 or more documents or a group of documents; and there are grounds to believe that the documents may be 10 or may have been in the control of a person (the person) who may or may not be the intended defendant.
The Judge may, on the application of the intending plaintiff made before any proceeding is brought, order the person— (a) (b) 15 to file an affidavit stating— (i) whether the documents are or have been in the person’s control; and if they have been but are no longer in the person’s control, the person’s best knowledge and belief as to when the documents ceased to be in the per- 20 son’s control and who now has control of them; and (ii) (b) (c) to serve the affidavit on the intending plaintiff; and if the documents are in the person’s control, to make those documents available for inspection, in accordance 25 with rule 8.27, to the intending plaintiff.
(3) An application under subclause (2) must be by interlocutory (4) application made on notice— to the person; and (a) to the intended defendant.

(b) The Judge may not make an order under this rule unless sat- isfied that the order is necessary at the time when the order is made.
Compare: 1908 No 89 Schedule 2 r 8.25 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 30 35 531 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 1—continued 8.21 Order for particular discovery against non-party after (1) (2) proceeding commenced This rule applies if it appears to a Judge that a person who is not a party to a proceeding may be or may have been in the control of 1 or more documents or a group of documents that 5 the person would have had to discover if the person were a party to the proceeding.
The Judge may, on application, order the person— (a) to file an affidavit stating— (i) (ii) whether the documents are or have been in the 10 person’s control; and if the documents have been but are no longer in the person’s control, the person’s best knowledge and belief as to when the documents ceased to be in the person’s control and who now has control 15 of them; and (b) (c) to serve the affidavit on a party or parties specified in the order; and if the documents are in the control of the person, to make those documents available for inspection, in accordance 20 with rule 8.27, to the party or parties specified in the order.
(3) An application for an order under subclause (2) must be made on notice to the person and to every other party who has filed an address for service.
Compare: 1908 No 89 Schedule 2 r 8.26 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 25 8.22 Costs of discovery (1) If it is manifestly unjust for a party to have to meet the costs of complying with an order made under this subpart, a Judge 30 may order that another party meet those costs, either in whole or in part, in advance or after the party has complied.
532 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 1—continued (3) (2) Despite subclause (1), the court may subsequently discharge or vary an order made under that subclause if satisfied that a different allocation of those costs would be just.
If an order is made under rule 8.20(2) or 8.21(2), the Judge may, if the Judge thinks it just, order the applicant to pay to 5 the person from whom discovery is sought the whole or part of that person’s expenses (including solicitor and client costs) incurred in relation to the application and in complying with any order made on the application.
Compare: 1908 No 89 Schedule 2 r 8.27 prior to 1 February 2012 (as substituted 10 by 2008 No 90 s 8) 8.23 Incorrect affidavit of documents to be amended If, by reason of any change of circumstances or an error or omission, an affidavit of documents filed in response to a dis- covery order appears to the person making discovery to be de- 15 fective or erroneous, the person must promptly file and serve an affidavit that corrects or supplements the affidavit of docu- ments.
Compare: 1908 No 89 Schedule 2 r 8.28 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 20 8.24 Who may swear affidavit of documents (1) When a Judge makes a discovery order, the Judge may— (a) (b) specify by name or otherwise the person who has to make the affidavit of documents; or specify by description or otherwise a group of persons 25 or a class of persons each of whom may make the affi- davit.
(2) If the Judge does not specify the person or the group or class of persons, the affidavit of documents may be made as follows: (a) if the person required to make discovery is an individual 30 person, by that individual person: if the person required to make discovery is a corporation or a body of persons empowered by law to sue or be sued (whether in the name of the body or in the name (b) 533 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 1—continued (c) of the holder of an office), by a person who meets the requirements of rule 9.82: if the person required to make discovery is the Crown, or an officer of the Crown who sues or is sued in an of- ficial capacity, or as representing a government depart- 5 ment, by an officer of the Crown.
Compare: 1908 No 89 Schedule 2 r 8.30 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 8.25 Challenge to privilege or confidentiality claim (1) If a party challenges a claim to privilege or confidentiality 10 made in an affidavit of documents, the party may apply to the court for an order setting aside or modifying the claim.
In considering the application, a Judge may require the docu- ment under review to be produced to the Judge and may in- spect it for the purpose of deciding the validity of the claim.

The Judge may— (a) (b) modify the claim to privilege or confidentiality; or (c) (d) make any other order with respect to the document 20 set aside the claim to privilege or confidentiality; or dismiss the application; or 15 (2) (3) under review that the Judge thinks just.
Compare: 1908 No 89 Schedule 2 r 8.31 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 8.26 Crown documents and public interest An order made under section 27(1) of the Crown Proceedings 25 Act 1950 must be construed as not requiring disclosure of the existence of any document if— (a) the Prime Minister certifies that the disclosure of the ex- istence of that document would be likely to prejudice— (i) the security or defence of New Zealand or the 30 international relations of the Government of New Zealand; or any interest protected by section 7 of the Official Information Act 1982; or (ii) 534 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 1—continued (b) the Attorney-General certifies that the disclosure of the existence of that document would be likely to prejudice the prevention, investigation, or detection of offences.
Compare: 1908 No 89 Schedule 2 r 8.32 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 5 8.27 Inspection of documents (1) As soon as a party who is required to make discovery has filed and served an affidavit of documents, that party must, subject to rule 8.28, make the documents that are listed in the affidavit and that are in that party’s control available for inspection by 10 way of exchange.
(2) Documents must be exchanged in accordance with the listing (3) and exchange protocol in Part 2 of Schedule 9.

If a discovery order exempts a party from giving discovery and inspection electronically, that party must make the documents 15 listed in the affidavit of documents available for inspection in hard copy form, and must promptly make those documents available for copying if requested.
(4) A party who has received a document electronically under this (5) (6) rule may, on giving reasonable notice in writing, require the 20 person giving discovery to produce the original document for inspection.

This rule also applies to documents listed in an affidavit filed and served under rule 8.20 or 8.21.

This rule is subject to the terms of any discovery order made 25 under rule 8.5.
Compare: 1908 No 89 Schedule 2 r 8.33 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 8.28 Privilege and confidentiality (1) A party is not required to make privileged documents available 30 (2) for inspection.
If a document contains both privileged and non-privileged in- formation, a party must make the document available for in- 535 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 1—continued spection, but may redact the privileged information by render- ing the privileged information in the document unreadable.
(3) A party may limit inspection of confidential documents to the persons specified in the affidavit of documents, subject to the restrictions proposed in the affidavit.

5 8.29 Order facilitating inspection (1) A Judge may, on application, make any order the Judge thinks appropriate to facilitate the efficient inspection of documents.
(2) An order under subclause (1) may, for example, require the person who is to produce the documents for inspection to do 10 either or both of the following: (a) (b) arrange the documents in a stated manner or order: assist the party inspecting the documents to locate and identify particular documents or groups of documents.
Compare: 1908 No 89 Schedule 2 r 8.34 prior to 1 February 2012 (as substituted 15 by 2008 No 90 s 8) 8.30 Use of documents (1) A party to whom a document has been made available elec- tronically or is produced for inspection under rule 8.27 or 8.29 may make copies of the document.

20 (2) On the application of a party to whom a document is produced for inspection under rule 8.27 or 8.29, a Judge may order the person who has control of the document to give the applicant a legible copy.
(3) An order under subclause (2) may be made on any terms the 25 Judge thinks just, and, in particular, the Judge may order that— the applicant pay the reasonable expenses of the other (a) party: the document be marked to the effect that it is a copy given for purposes of inspection only.
(b) 30 (4) A party who obtains a document by way of inspection or who makes a copy of a document under this rule— 536 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 1—continued (a) may use that document or copy only for the purposes of (b) the proceeding; and except for the purposes of the proceeding, must not make it available to any other person (unless it has been read out in open court).
5 Compare: 1908 No 89 Schedule 2 r 8.36 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 8.31 Effect of failure to include document A document that should have been included in a party’s affi- davit of documents may be produced in evidence at the hear- 10 ing only with the consent of the other party or parties or the leave of the court.
Compare: 1908 No 89 Schedule 2 r 8.37 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 15 (2) 8.32 Notice to produce documents or things (1) A party to a proceeding may serve on another party a notice requiring the other party to produce a document or thing for the purpose of evidence at the hearing of the proceeding, or before a Judge, an officer, an examiner, or other person who has authority to take evidence in the proceeding.
If the document or thing is in the control of the party who is served with the notice, the party must, unless a Judge other- wise orders, produce the document or thing in accordance with the notice, without the need for a subpoena for production.

The notice must be treated as an order of the court to produce 25 the document or thing specified in the notice.
Compare: 1908 No 89 Schedule 2 r 8.39 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) (3) 20 8.33 Contempt of court (1) Every person is guilty of contempt of court who, being a per- 30 son against whom a discovery order or other order under this subpart has been made, wilfully and without lawful excuse dis- obeys the order or fails to ensure the order is complied with.
537 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 1—continued (2) This rule does not limit or affect any power or authority of the court to punish a person for contempt of court.
Compare: 1908 No 89 Schedule 2 r 8.42 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) Subpart 2—Interrogatories 5 8.34 Interrogatories by notice (1) After a statement of defence has been filed, a party who has filed a pleading may file and serve on another party who has filed a pleading a notice requiring that party to answer specified interrogatories relating to any matter in question in 10 the proceeding between the interrogating party and the party served.
The notice may require that the answers be verified even if the interrogating party has not previously required any answers to interrogatories to be verified.

The notice must be in form G 35.

Compare: 1908 No 89 Schedule 2 r 8.1 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) (3) (2) 15 (2) 8.35 Duties of party served (1) A party required by notice under rule 8.34 to answer interroga- 20 tories must answer the interrogatories within the period speci- fied in the notice.
The period specified commences on the first working day after the day on which the notice under rule 8.34 is served and may not be less than 10 working days (or, if the party is resident 25 out of New Zealand, 20 working days).
The party required to answer the interrogatories must file and serve on the party requiring the answers— (a) if the answers do not have to be verified, a statement in accordance with rule 8.39; or (3) 30 538 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 2—continued (b) if the answers do have to be verified, an affidavit veri- fying the statement together with the statement verified unless it has already been filed and served.
(4) This rule is subject to rule 8.36.

Compare: 1908 No 89 Schedule 2 r 8.2 prior to 1 February 2012 (as substituted 5 by 2008 No 90 s 8) 8.36 Limitation of interrogatories by notice (1) A Judge may, on the application of a party required to answer interrogatories, order that answers to interrogatories under rule 8.34 by that party— (a) (b) are not required; or need to be given only to specified interrogatories or classes of interrogatories or to specified matters that are in question in the proceeding.
10 (2) (3) The application may be made before or after the party has been 15 served with a notice under rule 8.34.

In determining the application, the Judge must make any orders required to prevent unnecessary or oppressive inter- rogatories or unnecessary answers to interrogatories.
Compare: 1908 No 89 Schedule 2 r 8.3 prior to 1 February 2012 (as substituted 20 by 2008 No 90 s 8) 8.37 Multiple parties If there are more than 2 parties, a party who is required under rule 8.34 to answer interrogatories must serve the documents required to be served under that rule on every party who has 25 given an address for service.
Compare: 1908 No 89 Schedule 2 r 8.4 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 8.38 Order to answer (1) A Judge may, at any stage of any proceeding, order any party 30 to file and serve on any other party (whether the interrogating party or not) a statement prepared in accordance with rule 8.39 in answer to interrogatories specified or referred to in the order.
539 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 2—continued (2) (3) (4) The interrogatories must relate to matters in question in the proceeding.

The order may require the statement to be verified by affidavit.

The Judge must not make an order under subclause (1) unless satisfied that the order is necessary at the time when it is made.
5 Compare: 1908 No 89 Schedule 2 r 8.5 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 8.39 Contents of statement (1) A statement in answer to interrogatories must, unless a Judge otherwise orders, comply with this rule.
10 (2) A statement in answer to interrogatories must deal with each interrogatory specifically, either— (a) (b) by answering the substance of the interrogatory without evasion; or by objecting to answer the interrogatory on 1 or more of 15 the grounds mentioned in rule 8.40(1) and briefly stating the facts on which the objection is based.

(3) The statement must set out above or opposite to each answer or objection the interrogatory to which it relates.
Compare: 1908 No 89 Schedule 2 r 8.6 prior to 1 February 2012 (as substituted 20 by 2008 No 90 s 8) 8.40 Objection to answer (1) A party may object to answer an interrogatory on the following grounds only: (a) that the interrogatory does not relate to a matter in ques- 25 tion between the parties involved in the interrogatories: that the interrogatory is vexatious or oppressive: that the information sought is privileged: that the sole object of the interrogatory is to ascertain the names of witnesses.
30 (b) (c) (d) It is not a sufficient objection that the answer to an interroga- tory will determine a substantial issue in the proceeding.

(2) 540 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 2—continued (3) On an application under rule 8.36 in respect of an interroga- tory, a Judge may— (a) require the applicant to specify on what grounds the applicant objects to answer that interrogatory; and determine the sufficiency of the objection.
(b) If the Judge determines that the objection is not sufficient, the application is not entitled to object to answer the interrogatory.
Compare: 1908 No 89 Schedule 2 r 8.7 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 5 (4) 8.41 Who may swear affidavit verifying statement in answer to 10 interrogatories (1) An affidavit verifying a statement of a party in answer to in- (c) terrogatories may be made as follows: (a) (b) by the person required to make the statement: if the person required to make the statement is a minor 15 (other than a minor to whom rule 4.31(2) applies) or is an incapacitated person within the meaning of rule 4.29, by the person’s litigation guardian: if the person required to make the statement is a cor- poration or a body of persons empowered by law to sue 20 or to be sued (whether in the name of the body or in the name of the holder of a registry), by a person who meets the requirements of rule 9.82: if the person required to make the statement is the Crown, or an officer of the Crown who sues or is sued 25 in an official capacity, or as representing a government department, by an officer of the Crown.
(2) Despite subclause (1), if paragraph (c) or (d) of that subclause applies, and if the affidavit is to be filed and served in accord- ance with an order, a Judge may— (a) specify by name or otherwise the person who has to make the affidavit; or (d) 30 541 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 2—continued (b) specify by description or otherwise a group or class of persons, any 1 of whom may make the affidavit.
Compare: 1908 No 89 Schedule 2 r 8.8 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 8.42 Insufficient answer If a party fails to answer an interrogatory sufficiently, a Judge may, in addition to acting under rule 7.48,— (a) if the party has made an insufficient answer, order the party to make a further answer verified by affidavit in accordance with rule 8.38; or order the party, or any of the persons mentioned in rule 8.41(1)(b) to (d), as the case requires, to attend to be orally examined.
(b) 5 10 Compare: 1908 No 89 Schedule 2 r 8.9 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 15 8.43 Incorrect answer to be amended (1) If, by reason of a change of circumstances or an error or omis- sion, a statement filed in response to a notice given or order made under rule 8.34, 8.38, or 8.42 appears to the party who filed it or on whose behalf it was filed to be defective or erro- 20 neous, that party must promptly file and serve a further state- ment that corrects or supplements the original statement.
If the original statement was verified, the further statement must also be verified.

Compare: 1908 No 89 Schedule 2 r 8.10 prior to 1 February 2012 (as substituted 25 by 2008 No 90 s 8) (2) 8.44 Answers as evidence (1) A party may give in evidence— (a) (b) 1 or more answers to interrogatories without giving the others: part of an answer to an interrogatory without giving the whole of the answer.
30 542 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 8—continued Subpart 2—continued (2) If a party proposes to give in evidence an answer (or part of an answer) to an interrogatory (answer A), the Judge may look at the other answers, and if the Judge considers that answer A is so connected with another answer (answer B) that answer A ought not to be received without answer B, the Judge may 5 refuse to receive answer A unless answer B is also given in evidence.
Compare: 1908 No 89 Schedule 2 r 8.11 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 8.45 Public interest 10 The rules that relate to interrogatories do not affect any rule of law that authorises or requires the withholding of a matter on the ground that its disclosure would be injurious to the public interest.
Compare: 1908 No 89 Schedule 2 r 8.12 prior to 1 February 2012 (as substituted 15 by 2008 No 90 s 8) 8.46 Defamation proceedings If, in a proceeding for defamation, the defendant pleads that the words or matters complained of are honest opinion on a matter of public interest or were published on a privileged oc- 20 casion, no interrogatories as to the defendant’s sources of in- formation or grounds of belief may be allowed unless the in- terrogatories are necessary in the interests of justice.
Compare: 1908 No 89 Schedule 2 r 8.13 prior to 1 February 2012 (as substituted by 2008 No 90 s 8) 25 Subpart 3—Notice to admit facts 8.47 Notice to admit facts (1) A party who is entitled to serve a notice under rule 8.34 may at any time serve on another party a notice requiring the party to admit, for the purpose of the proceeding only, the facts spe- 30 cified in the notice.

The notice must be in form G 36.
(2) 543 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 8—continued Subpart 3—continued (3) An admission made in compliance with a notice under sub- clause (1)— (a) may be amended or withdrawn by the party by whom it was made at any time if a Judge so allows, and this may be done on any terms the Judge thinks just: (b) must not be used against the party by whom it was made in a proceeding or interlocutory application other than the proceeding or interlocutory application for which it was made.
5 If the party on whom a notice to admit facts has been served 10 under subclause (1) refuses or neglects to admit the facts within 5 working days after the day of service or within any longer time allowed by a Judge, the costs of proving the facts must be paid by that party, unless a Judge otherwise orders.
Compare: 1908 No 89 Schedule 2 r 8.14 prior to 1 February 2012 (as substituted 15 by 2008 No 90 s 8) (4) 8.48 Judgment on admission of facts A judgment or order may be made on an admission of facts under rule 15.15.
Compare: 1908 No 89 Schedule 2 r 8.15 prior to 1 February 2012 (as substituted 20 by 2008 No 90 s 8) Part 9 Evidence Subpart 1—Briefs, oral evidence directions, common bundles, and chronologies 25 9.1 Objective and scope (1) When applying the rules in this subpart to a proceeding, the court and the parties must pursue the just, speedy, and inex- pensive determination of that proceeding.
The parties must also ensure that the briefs and the common 30 bundle are commensurate with the goal of keeping the cost (2) 544 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 1—continued of the proceeding proportionate to the subject matter of the proceeding.

The documents to be produced at the trial or hearing and the evidence-in-chief of witnesses must be prepared, produced, and led in accordance with this subpart.
Compare: 1908 No 89 Schedule 2 r 9.1 (as substituted by r 20 of the High Court Amendment Rules (No 2) 2012) 5 Exchange of documents and index In this rule, documents to be relied upon means— (a) documents referred to in a brief or to be referred to by 10 a witness; and documents intended to be put to witnesses called by another party; and documents to be referred to in opening.
(b) (c) (3) 9.2 (1) (2) When a party discloses documents to be relied upon at the trial 15 or hearing, that party must supply a list of those documents incorporating any list previously supplied, so that the other parties always have an up-to-date list of the documents that party intends to rely upon.

The list may be in any format and is to be labelled and referred to as that party’s index.
(3) Documents to be relied upon at the trial or hearing but addi- tional to those already disclosed may be disclosed at any time, but not later than a date fixed by the court at a case manage- ment, issues, or pre-trial conference.

Subclause (3) does not affect a party’s ongoing obligations in 25 relation to discovery.
Compare: 1908 No 89 Schedule 2 r 9.2 (as substituted by r 20 of the High Court Amendment Rules (No 2) 2012) (4) 20 Timing 9.3 (1) Unless otherwise ordered by the court, a common bundle of 30 documents must not be prepared until all the briefs of the par- ties have been served.
545 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 1—continued The common bundle must be prepared by the plaintiff (or a different party, if the court so orders) and filed and served by a date fixed by the court at a case management, issues, or pre- trial conference.
Compare: 1908 No 89 Schedule 2 r 9.3 (as substituted by r 20 of the High Court 5 Amendment Rules (No 2) 2012) Preparation of common bundle The parties must co-operate in the preparation of a bundle of documents (in this subpart referred to as the common bundle).
The duty to co-operate includes— (a) 10 advising the plaintiff or the plaintiff’s counsel promptly, after the date when the last brief of any party is served under rule 9.7, of the documents that the party requires the plaintiff to include in the common bundle; and taking all practicable steps to assist the plaintiff in the 15 preparation of the common bundle, for example, by making copies of documents available, or agreeing to the excision of part of a document if that part cannot be relevant; and conferring as to the format of the common bundle and, 20 in particular, whether an electronic format of the com- mon bundle is appropriate.
(b) (c) 25 If a party other than the plaintiff has been ordered to prepare the common bundle, the references in subclause (2) to the plaintiff are to be read as references to that different party.

Subject to rule 9.6, the common bundle must contain all the documents listed in the index of each party, and no other docu- ments.
The common bundle must— (a) arrange the documents chronologically, or in any other 30 appropriate sequence or manner agreed by counsel and approved by the court: number each page of the common bundle in a consecu- tive sequence: (b) (2) 9.4 (1) (2) (3) (4) (5) 546 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 1—continued (c) set out before the first document a common bundle in- dex that shows— (i) (ii) (iii) a short description of each document: the date of each document: the party from whose custody each document has 5 been produced: the page number of each document as it appears in the common bundle: (iv) (d) use a format that is, so far as possible, compatible with that used by the parties when listing documents under 10 rule 8.16 (schedule appended to affidavit of documents).
(5A6) If the parties have agreed to use an electronic format for the common bundle, the parties must have regard to any practice note on electronic formats issued from time to time by the Chief High Court Judge.

15 (67) Unless the court directs otherwise, the common bundle must be served not later than 15 working days after the date when the last brief of any party is served under rule 9.7.
Compare: 1908 No 89 Schedule 2 r 9.13 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 20 9.5 Consequences of incorporating document in common (1) bundle Each document contained in the common bundle is, unless the court otherwise directs, to be considered— (a) (b) to be admissible; and to be accurately described in the common bundle index; and to be what it appears to be; and to have been signed by any apparent signatory; and to have been sent by any apparent author and to have 30 been received by any apparent addressee; and to have been produced by the party indicated in the com- mon bundle index.
(c) (d) (e) (f) 25 547 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 1—continued (2) (3) If a party objects to the admissibility of a document included in the common bundle, or to the application of any of subclause (1)(b) to (f) to a document, the objection must, if practicable, be recorded in the common bundle, and must be determined by the court at the hearing or at any prior time that the court 5 directs.
The fact that a document has been included in the common bundle is not relevant to the determination under subclause (2) of an objection that relates to the document.

(4) A document in the common bundle is automatically received 10 into evidence (subject to the resolution of any objection to ad- missibility) when a witness refers to it in evidence or when counsel refers to it in submissions (made otherwise than in a closing address).
(5) A document in the common bundle may not be received in 15 (6) evidence except under subclause (4).

The court may direct that this rule or any part of it is not to apply to a particular document.

Compare: 1908 No 89 Schedule 2 r 9.14 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 20 9.6 Consequence of not incorporating document in common bundle (2) (1) A document not incorporated in the common bundle may be produced at the trial or hearing only with the leave of the court.
The court may grant leave to produce a discovered document 25 not so incorporated unless its production would cause an in- justice.

The court may refuse leave to produce a document not so in- corporated and not discovered if its production might cause an injustice.
Compare: 1908 No 89 Schedule 2 r 9.15 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) (3) 30 548 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 1—continued 9.7 Requirements in relation to briefs (1) In this subpart, brief, in relation to the evidence of a witness to be called by a party, means a written statement setting out evidence proposed to be given by that witness.
The date by which the parties must complete and serve briefs 5 upon each other, simultaneously or sequentially, must be de- termined by the court at a case management or issues confer- ence, having regard to the needs of the case.

(2) (3) Whether or not some evidence is directed to be led orally, the brief must contain the testimony intended to be taken from that 10 witness on that subject.
Every brief— (a) must be signed by the witness by whom the brief is (4) made: (b) must be in the words of the witness and not in the words 15 of the lawyer involved in drafting the brief: (c) must not contain evidence that is inadmissible in the proceeding: (d) must not contain any material in the nature of a submis- sion: 20 (e) must avoid repetition: (f) must avoid the recital of the contents or a summary of documents that are to be produced in any event: (g) must be confined to the matters in issue.
If the brief does not comply with the requirements of subclause 25 (4) the court, prior to or during the trial, may direct that it not be read in whole or in part, and may make such order as to costs as the court sees fit.

(5) (6) When a brief is served, the party serving it must as soon as practicable advise the Registrar what has been served, upon 30 whom, and the date of service.
Compare: 1908 No 89 Schedule 2 r 9.4 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 549 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 1—continued Supplementary briefs 9.8 (1) A party wishing to offer a supplementary brief must serve it as soon as possible.

The acceptance and use of the supplementary brief in court will be at the discretion of the trial Judge.
Compare: 1908 No 89 Schedule 2 r 9.5 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 5 Exchange of chronology of facts intended to be relied upon at trial or hearing The plaintiff must, not later than 15 working days after the 10 common bundle has been served, file and serve a chronology of the facts it intends to rely upon at the trial or hearing.
In preparing the chronology, the plaintiff must— set out the facts in chronological order; and (a) cross-reference the facts to— (b) 1 or more documents; or (i) (ii) 1 or more statements in written briefs; and include, when available, common bundle index refer- ences or page references.
(c) 15 The other parties must, not later than 15 working days after 20 service of the plaintiff’s chronology, file and serve their re- sponses to it, identifying which facts they dispute, and adding any other facts they intend to rely upon.

In preparing their responses, the other parties must— (a) cross-reference disputed facts to different or contradic- 25 tory facts in the plaintiff’s chronology; and list any additional facts; and comply with subclause (2)(b).
(b) (c) The court may modify the requirements of this rule at a con- ference under rule 7.5.
Compare: 1908 No 89 Schedule 2 r 9.9 (as substituted by r 20 of the High Court Amendment Rules (No 2) 2012) 30 (2) 9.9 (1) (2) (3) (4) (5) 550 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 1—continued (2) 9.10 Oral evidence directions (1) After the preparation and service of the chronologies of facts, the parties must bring significant facts that are disputed to the attention of the court.
The obligation in subclause (1) may be discharged at a case 5 management or issues or pre-trial conference, or at another time, but must, in any event, be discharged not later than 15 working days after service of the chronologies of fact has been completed.

The court may, before the giving of evidence, and either before 10 or at the trial or hearing, direct that evidence be given orally (an oral evidence direction).
Compare: 1908 No 89 Schedule 2 r 9.10 (as substituted by r 20 of the High Court Amendment Rules (No 2) 2012) (3) 15 9.11 Compliance with Evidence Act 2006 (1) Any challenge to the admissibility of a brief, in whole or in part, must be notified to the party or parties concerned within 20 working days after receipt of the brief by the challenging party.
If the issue is not resolved between counsel in a further 10 20 working days, notice that there is an admissibility issue must be given to the court by the challenging party.
Compare: 1908 No 89 Schedule 2 r 9.11 (as substituted by r 20 of the High Court Amendment Rules (No 2) 2012) (2) 9.12 Evidence-in-chief at trial (1) A brief signed by a witness— 25 (a) must, subject to the terms of an oral evidence direction made under rule 9.10, be read by the witness at the trial as the witness’s evidence-in-chief; and is, when read by the witness at the trial, the evidence- 30 in-chief given by the witness at the trial; and (b) 551 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 1—continued (c) must, after being read by the witness at the trial, be endorsed by or on behalf of the Registrar with the words “Given in evidence on [date]”.
(2) Any portion of the brief that is the subject of an oral evidence direction under rule 9.10 becomes part of the evidence-in-chief 5 of the witness only if and when it is given orally.
Compare: 1908 No 89 Schedule 2 r 9.6 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 9.13 Briefs not given in evidence (1) If, by the time that a party opens the party’s case, the brief 10 of another party’s witness has not been given in evidence, the party may, in opening, refer to that brief only with the leave of the trial Judge.
(2) When any part of the evidence contained in a brief is not given in evidence at the trial by the person who signed the brief, 15 any other party to the proceeding may, unless the trial Judge otherwise directs, put that part of the evidence to that person in cross-examination.
Compare: 1908 No 89 Schedule 2 rr 9.8, 9.9 prior to 1 February 2013 (as sub- stituted by 2008 No 90 s 8) 20 9.14 Privilege and admissibility not affected by briefs Nothing in this subpart— (a) deprives any party of that party’s right to treat any com- munication as privileged; or changes inadmissible evidence into admissible evi- 25 dence; or changes admissible evidence into inadmissible evi- dence; or deprives any party of that party’s right to cross-examine any party to a proceeding on a brief, served under these 30 rules, that is inconsistent with a statement previously made by that party; or (b) (c) (d) 552 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 1—continued (e) allows a brief, served under these rules, to be made available, before it is given in evidence, for use for an- other purpose or proceeding.
Compare: 1908 No 89 Schedule 2 r 9.10 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 5 9.15 Cross-examination duties The exchange of briefs under this subpart does not affect the cross-examination duties referred to in section 92 of the Evi- dence Act 2006.
Compare: 1908 No 89 Schedule 2 r 9.11 prior to 1 February 2013 (as substituted 10 by 2008 No 90 s 8) 9.16 Plaintiff’s synopsis of opening The plaintiff must, not later than 2 working days before the trial or hearing, file in the court and serve on every other party to the proceeding a copy of the plaintiff’s opening.
Compare: 1908 No 89 Schedule 2 r 9.16 (as substituted by r 20 of the High Court Amendment Rules (No 2) 2012) 15 Subpart 2—Evidence by depositions 9.17 Order for examination of witness or for letters of request (1) When, in a proceeding or on an interlocutory application, a 20 party desires to have the evidence of a person or persons taken otherwise than at the trial or the hearing of that interlocutory application, the court may, on application by that party, make orders on any terms the court thinks just— (a) for the examination of a person on oath before a Judge, 25 Registrar, or Deputy Registrar or before a person that the court appoints (in rules 9.18 to 9.23 referred to as the examiner) at any place whether in or out of New Zealand; or for the sending of a letter of request to the judicial au- 30 thorities of another country, to take, or cause to be taken, the evidence of a person.
(b) 553 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 2—continued (2) On the application of an opposite party, the court may, if it is satisfied that the party who obtained the order under subclause (1) is not implementing the order with due diligence, rescind the order and may make any other order justice requires.
Compare: 1908 No 89 Schedule 2 r 369 9.17 (as substituted by 2008 No 90 s 8) 5 9.18 Security for costs for taking evidence outside New Zealand The court may, as a condition of making an order under rule 9.17 for the taking of evidence outside New Zealand, require the party applying to give security for— (a) (b) the estimated fees and expenses of the examiner, or 10 other person by or before whom the evidence is to be taken; and the costs of any opposite party of and incidental to the taking of the evidence, for the amount the court thinks just, but not exceeding the estimated reasonable indem- 15 nity costs and disbursements of that opposite party.
Compare: 1908 No 89 Schedule 2 r 370 9.18 (as substituted by 2008 No 90 s 8) 9.19 Documents for examiner (1) The party obtaining an order for examination before an exam- iner must, unless the examination is conducted by the Registrar 20 or Deputy Registrar at the court where the file of the proceed- ing is held, furnish the examiner with copies of those docu- ments in the proceeding that are necessary to inform the exam- iner of the matters to which the examination is to relate.
If the documents in the proceeding are not sufficient to inform 25 the examiner of the matters to which the examination is to relate, the court must, in the order for examination or in a later order, state those matters.
Compare: 1908 No 89 Schedule 2 r 371 9.19 (as substituted by 2008 No 90 s 8) (2) 554 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 2—continued (6) (4) (2) (5) (3) 9.20 Procedure for examination before examiner (1) On receipt of a copy of the order for examination, the examiner must appoint a time and place for the examination and notify all parties of the time and place.
The examiner may adjourn the examination from time to time 5 and from place to place as is necessary or expedient.

The examiner may administer an oath to each witness exam- ined and each witness may be examined, cross-examined, and re-examined as at the trial of a proceeding.

The examiner must ensure that evidence given at the examin- 10 ation is recorded, together with notes of any objections to the evidence.

The depositions so taken must be signed on each page by the witness and by the examiner.
The depositions when taken must be securely fastened to- 15 gether and must, together with the exhibits and the report of the examiner, be sent without delay to the registry of the court in which the file of the proceeding is for the time being held.
The examiner may send to the registry of the court in which the file of the proceeding is for the time being held a certificate 20 stating that— (a) at the time and place appointed for the examination or at any adjournment, there was no appearance by or on behalf of the party obtaining the order; or the witness did not attend at that time and place; or at that time and place, the applicant intimated that it was not intended to proceed with the taking of the evidence.
(8) On application to the Registrar a party may inspect any depos- itions taken under this rule and make copies of them or extracts from them.
Compare: 1908 No 89 Schedule 2 r 372 9.20 (as substituted by 2008 No 90 s 8) 25 30 (b) (c) (7) 555 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 2—continued 9.21 Examination of additional persons (1) The examiner may, with the consent in writing of all parties to the proceeding, take the examination of a person in addition to the person named or referred to in the order for examination.
The consent of each of the parties must be attached to the de- 5 position of that person.
Compare: 1908 No 89 Schedule 2 r 373 9.21 (as substituted by 2008 No 90 s 8) (2) 9.22 Objection to question (b) When objection is taken to a question to a person being exam- ined before an examiner, or a witness takes objection to an- 10 swering a question or to producing a document or a thing,— the examiner must give the parties the examiner’s opin- (a) ion on the objection, but must not rule on it; and the question, the ground for the objection, the opinion of the examiner, and the answer (if any) to the question 15 must be set out in the deposition of the witness or in a statement attached to the deposition; and the court may, on application by a party, decide the val- idity of the objection.
(c) Compare: 1908 No 89 Schedule 2 r 374 9.22 (as substituted by 2008 No 90 s 8) 20 9.23 Form of report The report of the examiner may be in form G 19.

Compare: 1908 No 89 Schedule 2 r 375 9.23 (as substituted by 2008 No 90 s 8) 9.24 Depositions as evidence Depositions taken in accordance with these rules under an 25 order under rule 9.17 may be produced as evidence at the trial of the proceeding and must be received subject to any objec- tion on the ground of admissibility.
Compare: 1908 No 89 Schedule 2 r 376 9.24 (as substituted by 2008 No 90 s 8) 556 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 2—continued 9.25 Letters of request where convention exists When a convention is in force between a country and New Zealand relating to the taking of evidence in that country for use in New Zealand, rules 9.26 to 9.28 apply subject to any special provisions contained in the convention.
Compare: 1908 No 89 Schedule 2 r 377 9.25 (as substituted by 2008 No 90 s 8) 9.26 Issue of letters of request (1) When an order has been made for the issue of a letter of re- quest, the party obtaining the order must— (a) lodge with the Registrar— (i) (ii) a form of the appropriate letter of request; and the interrogatories and cross-interrogatories (if any) to accompany the letter of request; and (iii) where required by the convention, a translation 5 10 (b) file— (i) (ii) of each of the documents mentioned in subpara- 15 graphs (i) and (ii) into the language, or an appro- priate language, of the country concerned; and 20 a copy of each of the documents mentioned in paragraph (a); and a personal undertaking by the party obtaining the order or the party’s solicitor to be responsible for all expenses in respect of the execution of the letter of request incurred by the court or by any person at the request of the court, and, on being 25 given notice of the amount of those expenses, to pay the amount forthwith into a Crown Bank Account and produce evidence of the payment to the Registrar.
(2) (3) The correctness of every translation must be certified or other- 30 wise verified to the satisfaction of the Registrar.

The Registrar may require security of a reasonable amount instead of an undertaking under subclause (1)(b)(ii).

557 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 2—continued (4) The letter of request must be in such form as the court approves and be issued under the hand of a Judge and the seal of the court.
Compare: 1908 No 89 Schedule 2 r 378 9.26 (as substituted by 2008 No 90 s 8) 9.27 Agents of parties 5 The party who obtains an order for the issue of a letter of re- quest must file a statement of the names and addresses of the parties’ agents in the country in which the letter of request is to be executed.
Compare: 1908 No 89 Schedule 2 r 379 9.27 (as substituted by 2008 No 90 s 8) 10 9.28 Consequences of non-compliance with undertaking as to expenses When a party who has given an undertaking under rule 9.26(1)(b)(ii) does not, within 5 working days after being served with notice of the amount of the expenses concerned, 15 pay that amount to the Registrar, the court may, on application by the Registrar,— (a) order the party to pay the amount of the expenses to the Registrar; and until payment, stay the proceeding as far as concerns the 20 whole or any part of any claim for relief by that party; and strike out any pleading filed by that party.
(c) Compare: 1908 No 89 Schedule 2 r 380 9.28 (as substituted by 2008 No 90 s 8) (b) 9.29 Application by Solicitor-General on letters of request 25 from abroad The Registrar must transmit to the Solicitor-General a letter of request received if— (a) the letter relates to a proceeding to which sections 184 and 185 of the Evidence Act 2006 apply; and it appears that the letter is not to be given effect by an application by a party to the proceeding.
(b) 30 (1) 558 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 2—continued (2) The Solicitor-General may then make an application and take any steps that are necessary to give effect to the letter.
Compare: 1908 No 89 Schedule 2 r 381 9.29 (as substituted by 2008 No 90 s 8) Subpart 3—Medical examinations 9.30 Order for medical examination (1) An order under section 42(1) of the Act may be made— (a) at any time after the time for filing a statement of de- fence to the plaintiff’s statement of claim has expired, on the application of any party to the proceeding; or by the court on its own initiative.

(b) The time and place of the examination must be fixed by the order.
Compare: 1908 No 89 Schedule 2 r 318 9.30 (as substituted by 2008 No 90 s 8) (2) 5 10 9.31 Report When an order is made under section 42(1) of the Act the 15 court may require a medical practitioner making the examin- ation— (a) to furnish to the court, within the time specified in the order, a report in writing setting out— (i) (ii) the medical practitioner’s clinical findings; and the medical practitioner’s opinion of the physical condition or mental condition or both of the per- son examined, so far as relevant; and if appropriate, the medical practitioner’s progno- sis in respect of the condition; and (iii) 20 25 (b) to deliver, within the same time, a copy of the report to the party (if any) who applied for the order.
Compare: 1908 No 89 Schedule 2 r 319 9.31 (as substituted by 2008 No 90 s 8) 9.32 Service of report (1) Unless the court otherwise directs, the party to whom the copy 30 of the report is delivered under rule 9.31(b) must immediately 559 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 3—continued (2) serve a copy of the report on the person examined or that per- son’s solicitor and the other parties.
If the order under section 42(1) of the Act was made by the court on its own initiative, the Registrar must, as soon as prac- ticable after the report is furnished to the court, serve a copy 5 of the report on the parties to the proceeding.
Compare: 1908 No 89 Schedule 2 r 320 9.32 (as substituted by 2008 No 90 s 8) 9.33 Evidence of medical practitioner when medical examination ordered If the parties do not agree to accept a report obtained under an 10 order under section 42(1) of the Act, the court— (a) may summon the medical practitioner named in the order to attend at the trial; and (b) may, at any appropriate stage of the trial before coun- sels’ addresses, examine the medical practitioner on the 15 report; and (c) may permit any party to cross-examine the medical practitioner on the evidence then given.
Compare: 1908 No 89 Schedule 2 r 321 9.33 (as substituted by 2008 No 90 s 8) Subpart 4—Inspection and testing 9.34 Order for inspection, etc (1) The court may, for the purpose of enabling the proper de- termination of any matter in question in a proceeding, make orders, on terms, for— (a) (b) (c) (d) the inspection of any property: the taking of samples of any property: the observation of any property: the measuring, weighing, or photographing of any prop- erty: the conduct of an experiment on or with any property: the observation of a process.
(e) (f) (2) An order may authorise a person to enter any land or do any- thing else for the purpose of getting access to the property.

560 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 4—continued (3) In this rule, property includes any land and any document or other chattel, whether in the control of a party or not.
Compare: 1908 No 89 Schedule 2 r 322 9.34 (as substituted by 2008 No 90 s 8) 9.35 Notice of application A party applying for an order under rule 9.34 must, so far as 5 practicable, serve notice of the application on each person who would be affected by the order if made.
Compare: 1908 No 89 Schedule 2 r 323 9.35 (as substituted by 2008 No 90 s 8) Subpart 5—Experts 9.36 Appointment of court expert (1) In a proceeding that is to be tried by Judge alone and in which a question for an expert witness arises, the court may at any time, on its own initiative or on the application of a party, appoint an independent expert, or, if more than 1 such question arises, 2 or more such experts, to inquire into and report upon any 15 question of fact or opinion not involving questions of law or of construction.
10 (2) An expert appointed under subclause (1) is referred to in this rule and in rules 9.37 to 9.42 as a court expert.

(3) A court expert in a proceeding must, if possible, be a person 20 agreed upon by the parties and, failing agreement, the court must appoint the court expert from persons named by the par- ties.

(4) A person appointed as an independent expert in a proceeding (5) under rule 9.44(3) may not be appointed as a court expert un- 25 less the parties agree.
In this rule, expert, in relation to a question arising in a pro- ceeding, means a person who has the knowledge or experience of, or in connection with, that question that makes that per- son’s opinion on it admissible in evidence.
Compare: 1908 No 89 Schedule 2 r 324 9.36 (as substituted by 2008 No 90 s 8) 30 561 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 5—continued 9.37 Submission of question to court expert The question to be submitted to the court expert and the in- structions (if any) given to the court expert must, failing agree- ment between the parties, be settled by the court.
Compare: 1908 No 89 Schedule 2 r 325 9.37 (as substituted by 2008 No 90 s 8) 5 9.38 Report of court expert (1) The court expert must send his or her report to the court, to- gether with whatever number of copies the court directs.

The Registrar must send copies of the report to the parties or their solicitors.

The court may direct the court expert to make a further or supplemental report.
(2) (3) (4) Any part of the court expert’s report not accepted by all the parties must be treated as information furnished to the court and given appropriate weight.
Compare: 1908 No 89 Schedule 2 r 326 9.38 (as substituted by 2008 No 90 s 8) 9.39 Experiments and tests (1) If the court expert is of the opinion that an experiment or test of any kind (other than one of a trifling character) is necessary for the making of a satisfactory report, the court expert— (a) must inform the parties or their solicitors; and (b) must, if possible, make an arrangement with the parties or their solicitors about— (i) (ii) (iii) the expenses involved; and the persons to attend the experiment or test; and any other relevant matters.
(2) The court must settle any matters on which the parties or their solicitors are unable to agree.

Compare: 1908 No 89 Schedule 2 r 327 9.39 (as substituted by 2008 No 90 s 8) 562 10 15 20 25 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 5—continued 9.40 Cross-examination of court expert (1) Any party may, within 10 working days after receiving a copy of the court expert’s report, apply to the court for an order under subclause (2).
(2) On an application under subclause (1), the court must make 5 an order for the cross-examination of the court expert by all parties, either— (a) (b) at the trial; or before an examiner at such time and place as may be specified in the order.
Compare: 1908 No 89 Schedule 2 r 328 9.40 (as substituted by 2008 No 90 s 8) 9.41 Remuneration of court expert (1) The remuneration of the court expert must be fixed by the court and include— (a) (b) a fee for the report; and a proper sum for each day during which he or she is re- quired to be present either in court or before an exam- iner.
10 15 (2) The court may, by the order appointing the court expert or subsequently, make any order it thinks just for and incidental to 20 the payment of the remuneration of the court expert including either or both of the following: (a) an order directing that the remuneration of the court expert must be paid by 1 or more of the parties and, if more than 1, in the proportions the court thinks just: an order that any party or parties give security, on any terms the court thinks just, for the remuneration of the court expert.
(b) 25 (3) When the court appoints the court expert on its own initiative, the court, instead of making an order under subclause (2), may, 30 by the order appointing the expert or subsequently, order that the remuneration of the court expert must be paid by the chief executive of the Ministry of Justice out of money appropriated by Parliament for the purpose.
563 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 5—continued (4) Subclauses (2) and (3) do not affect the power of the court to make an order providing for the payment of the court expert’s remuneration as part of the costs of the proceeding.
Compare: 1908 No 89 Schedule 2 r 329 9.41 (as substituted by 2008 No 90 s 8) 9.42 Calling of expert witnesses (1) If a court expert is appointed in a proceeding or an interlocu- tory application, a party may call 1 expert witness, or with leave, more than 1, to give evidence on the question reported on by the court expert, if the party gives notice of the intention to do so a reasonable time before the trial.

The court must not grant leave under subclause (1) unless the circumstances are exceptional.
Compare: 1908 No 89 Schedule 2 r 330 9.42 (as substituted by 2008 No 90 s 8) (2) 5 10 9.43 Expert witness to comply with code of conduct (1) A party to a proceeding who engages an expert witness must 15 give the expert witness a copy of the code of conduct set out in Schedule 4.
(2) An expert witness must— (a) (b) state in any written statement of the proposed evidence of the witness served under rule 9.2 or 9.3, or at the 20 time of giving any oral evidence, or in any affidavit containing the evidence of the expert witness, that the expert witness has read the code of conduct and agrees to comply with it: comply with the code of conduct in preparing any writ- 25 ten statement of the proposed evidence of the witness to be served under rule 9.2 or 9.3 or in giving any oral or affidavit evidence in any proceeding.
The evidence of an expert witness who has not complied with subclause (2)(a) may be offered only with the leave of the 30 court.
Compare: 1908 No 89 Schedule 2 r 330A 9.43 (as substituted by 2008 No 90 s 8) (3) 564 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 5—continued 9.44 Court may direct conference of expert witnesses (1) The court may, on its own initiative or on the application of a party to a proceeding, direct expert witnesses to— (a) (b) (c) confer on specified matters: confer in the absence of the legal advisers of the parties: 5 try to reach agreement on matters in issue in the pro- ceeding: prepare and sign a joint witness statement stating the matters on which the expert witnesses agree and the matters on which they do not agree, including the rea- 10 sons for their disagreement: prepare the joint witness statement without the assist- ance of the legal advisers of the parties.
(d) (e) (2) (3) (4) (5) (6) The court must not give a direction under subclause (1)(b) or (e) unless the parties agree.

The court may, on its own initiative or on the application of a party to the proceeding,— (a) appoint an independent expert to convene and conduct the conference of expert witnesses: give any directions for convening and conducting the 20 conference the court thinks just.
(b) 15 The court may not appoint an independent expert or give a direction under subclause (3) unless the parties agree.

Subject to any subsequent order of the court as to costs, the court may determine the remuneration of an independent ex- 25 pert and the party by whom it must be paid.

The matters discussed at the conference of the expert witnesses must not be referred to at the hearing unless the parties by whom the expert witnesses have been engaged agree.
(7) An independent expert appointed under subclause (3) may not 30 give evidence at the hearing unless the parties agree.
Compare: 1908 No 89 Schedule 2 r 330B 9.44 (as substituted by 2008 No 90 s 8) 565 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 5—continued 9.45 Status of joint witness statement by expert witnesses (1) A joint witness statement prepared by expert witnesses under rule 9.44— (a) must be circulated by the parties to the proceeding by whom the expert witnesses have been engaged to every 5 other party who has given an address for service; and (b) may be produced in evidence by any expert witness who signed the statement; and (c) may, if the parties to the proceeding agree, be produced in evidence without the need to call any of the expert 10 witnesses who signed the statement.
(2) Rules 9.4 to 9.11 apply, with all necessary modifications, to a joint witness statement as if the statement were a written statement under rule 9.2 or 9.3.

(3) An expert witness is not precluded from giving evidence on 15 any matter at the hearing simply because the expert witness has participated in the preparation of a joint witness statement under rule 9.44 or because the witness statement is evidence at the hearing under rule 9.6.
Compare: 1908 No 89 Schedule 2 r 330C 9.45 (as substituted by 2008 No 90 20 s 8) 9.46 Evidence of expert witnesses at trial The court may, at the hearing, direct that the evidence of ex- pert witnesses is given after all or certain factual evidence is given or in a sequence the court thinks best suited to the cir- 25 cumstances of the proceeding.
Compare: 1908 No 89 Schedule 2 r 330D 9.46 (as substituted by 2008 No 90 s 8) Subpart 6—Preserving evidence 9.47 Right to preserve evidence 30 A person may apply by originating application for an order for the examination of a witness whose evidence may be material for establishing a right or claim— 566 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 6—continued (a) (b) to any estate or interest in property, or to any other relief, to which the person would, in the circumstances alleged to exist, become entitled, on the happening of a future event; and that cannot be established before the happening of the 5 future event.
Compare: 1908 No 89 Schedule 2 r 443 9.47 (as substituted by 2008 No 90 s 8) 9.48 Procedures in which the Crown may have interest If the Crown may have an estate or interest in the property or in the right or claim, the applicant may join the Crown as a 10 respondent.
Compare: 1908 No 89 Schedule 2 r 444 9.48 (as substituted by 2008 No 90 s 8) 9.49 Examination of witness An application under rule 9.47 is not to be set down for hearing but the court may make an appropriate order under rules 9.17 15 to 9.19 for the examination of a witness (whether offered by the applicant or another party).
Compare: 1908 No 89 Schedule 2 r 445 9.49 (as substituted by 2008 No 90 s 8) 9.50 Subsequent admissibility Evidence taken under rule 9.49 may subsequently be offered 20 at the trial of a proceeding to enforce the claim or interest to which it relates and is admissible unless it is inadmissible in whole or in part under the Evidence Act 2006.
Compare: 1908 No 89 Schedule 2 r 446 9.50 (as substituted by 2008 No 90 s 8) Subpart 7—Evidence at trial 25 9.51 Evidence to be given orally Unless otherwise directed by the court or required or author- ised by these rules or by an Act, disputed questions of fact aris- ing at the trial of any proceeding must be determined on evi- 567 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 7—continued dence given by means of witnesses examined orally in open court.
Compare: 1908 No 89 Schedule 2 r 496 9.51 (as substituted by 2008 No 90 s 8) 9.52 Issue of subpoenas (1) Orders of subpoena in form G 25 to require the attendance of 5 witnesses at the trial to testify or to produce documents, or both, may be obtained by any party, at any time after the filing of the statement of claim.

(2) A party requiring the issue of an order of subpoena must file a (3) written request to obtain it.
The names of more than 1 witness may be included in an order of subpoena, but it is not necessary to show the names on the written request.

10 (4) Upon receiving a written request under this rule the Registrar must forthwith issue the order or orders of subpoena requested.
15 Compare: 1908 No 89 Schedule 2 r 497 9.52 (as substituted by 2008 No 90 s 8) 9.53 Service of subpoena The order of subpoena must be served on the witness person- ally, by leaving a sealed copy of it with the witness, together with any allowances and travelling expenses required by sec- 20 tion 39 of the Act.
Compare: 1908 No 89 Schedule 2 r 498 9.53 (as substituted by 2008 No 90 s 8) 9.54 Evidence of person in custody An application for an order under section 65 of the Corrections Act 2004 may be made without notice.

Compare: 1908 No 89 Schedule 2 r 499 9.54 (as substituted by 2008 No 90 s 8) 25 9.55 Affidavit evidence by agreement (1) In a proceeding heard by a Judge alone, the parties may file an agreement signed by the parties, that the evidence, or any part of the evidence, is to be given by affidavit.
30 568 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 7—continued (2) Despite an agreement filed under subclause (1), the court may direct that evidence of any disputed fact or issue be given in accordance with rule 9.51.
Compare: 1908 No 89 Schedule 2 r 500 9.55 (as substituted by 2008 No 90 s 8) 5 10 9.56 Affidavit evidence under order of court (1) The court may, even though no agreement for the giving of evidence by affidavit has been made, at any time for sufficient reason order, on reasonable conditions,— (a) that any particular fact or facts may be proved by affi- davit; or that the evidence of any witness may be given by affi- davit read at the trial or on any application for judgment.
(2) Despite subclause (1), an order must not be made authorising the evidence of the witness to be given by affidavit if— (a) (b) an opposite party desires the production of a witness for 15 cross-examination; and the witness can be produced.

(b) Subclause (2) is subject to any order made under rule 7.2 or 7.8, as the case requires.
Compare: 1908 No 89 Schedule 2 r 501 9.56 (as substituted by 2008 No 90 s 8) 20 (3) 9.57 Agreed statement of facts (1) If the parties so agree, the evidence at the trial of any proceed- ing heard by a Judge alone, or any issue in that proceeding, may be given, without examining any witnesses or filing any affidavits, by a statement of facts agreed upon by the parties.

(2) Despite the agreement, the court may direct that evidence of any fact or matter be given in accordance with rule 9.51 or 9.56.
Every agreement under subclause (1) must be in writing signed by the parties and must be filed.

(3) 25 30 569 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 7—continued (4) The agreement must set out the facts agreed upon and the court is entitled to draw any necessary inferences from the agreed facts.
Compare: 1908 No 89 Schedule 2 r 502 9.57 (as substituted by 2008 No 90 s 8) Subpart 8—Evidence in Trans-Tasman proceedings 9.58 Interpretation In rules 9.59 to 9.67, unless the context otherwise requires, terms that are defined in the Evidence Act 2006 have the mean- ings given to them by that Act.
Compare: 1908 No 89 Schedule 2 r 502A 9.58 (as substituted by 2008 No 90 s 8) 5 10 9.59 Issue of subpoenas by High Court for service in Australia (1) An order of subpoena of the High Court for service on a wit- ness in Australia that requires the witness to testify, whether or 15 not it also requires the witness to produce documents or things, must be in form G 26.
(2) An order of subpoena of the High Court for service on a wit- ness in Australia that requires the witness to produce docu- ments or things, but does not require the witness to testify, 20 must be in form G 27.

(3) An order of subpoena referred to in subclause (1) or (2) may be obtained in the same manner and subject to the same con- ditions as an order of subpoena under rule 9.52.
Compare: 1908 No 89 Schedule 2 r 502B 9.59 (as substituted by 2008 No 90 25 s 8) 9.60 Leave to serve New Zealand subpoena on witness in Australia (1) An application for leave to serve a New Zealand subpoena on a witness in Australia must be made without notice by origin- 30 ating application and Part 19 applies, with all necessary modi- fications, to the application.
570 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 8—continued (2) Every application for leave to serve a New Zealand subpoena on a witness in Australia must be accompanied by an affidavit containing the following matters: (a) (b) (c) (d) (e) (f) (g) 5 the name, occupation, and residential address of the wit- ness: proof that the witness has attained the age of 18 years: if the subpoena requires the witness to testify and to attend at the New Zealand court, whether consideration has been given to requiring the witness to testify from Australia by remote appearance medium and the reason 10 it is not considered appropriate that the witness do so: the latest date proposed for service of the subpoena: if the subpoena requires the witness to attend at the New Zealand court or at any other place,— (i) the availability of suitable means of transport to 15 enable the witness to comply with the subpoena: an estimate of the length of time that the witness will be required to attend at the court or other place: an estimate of the cost of transport and accom- 20 modation likely to be incurred by the witness in complying with the subpoena: (ii) (iii) the amounts or the amounts represented by vouchers, as the case may be, proposed to be paid or tendered to the witness to enable the witness to comply with the 25 subpoena: if the applicant is aware of any fact or circumstance that may constitute a ground for setting the subpoena aside under section 160 of the Evidence Act 2006, the fact or circumstance.
30 (3) A Judge may direct that a New Zealand subpoena be served in Australia on a body corporate by serving the subpoena on a member, officer, or employee of the body corporate in the manner the Judge directs.

571 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 8—continued (4) The file relating to an application must be kept separate from the file relating to the proceeding to which the subpoena re- lates.
(5) As provided in rule 3.11 3.12(4), no document relating to an application under this rule may be searched, inspected, or 5 copied without the leave of a Judge.

Compare: 1908 No 89 Schedule 2 r 502C 9.60 (as substituted by 2008 No 90 s 8) 9.61 Service of subpoena on witness in Australia Every statement that, in accordance with section 156 of the 10 Evidence Act 2006, is required to accompany a subpoena that is served on a witness in Australia must be in form G 28.
Compare: 1908 No 89 Schedule 2 r 502D 9.61 (as substituted by 2008 No 90 s 8) 9.62 Application to set aside New Zealand subpoena (1) An application to set aside a New Zealand subpoena served on 15 a witness in Australia may be filed by— (a) a person who is entitled to file documents under these rules; or a person who is entitled to practise as a solicitor of a 20 Supreme Court of a State or Territory of Australia.
(b) The application— (a) may state (for the purposes of rule 9.64(1)) that a hear- ing is required to determine the application; and (b) may be filed by sending it by fax or email to the regis- 25 try of the relevant court in which leave to serve the sub- poena was given.

Every application must be made by way of interlocutory ap- plication.

The heading on the application may be the same as the heading 30 on the order granting leave to serve the subpoena.
Every application— (2) (3) (4) (5) 572 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 8—continued (a) must state an address in New Zealand or Australia that is the applicant’s address for service: (b) may state a fax number in New Zealand or Australia to which documents relating to the application may be sent to the applicant.
5 (6) If the application is filed by fax or email, the Registrar— (a) must send by fax or email to the applicant or the ap- plicant’s solicitor, as the case may be, an acknowledge- ment that the application has been received: (b) may, if the application is not clear or legible, require the 10 applicant or the applicant’s solicitor, as the case may be, to transmit the application by fax or email again.
Compare: 1908 No 89 Schedule 2 r 502E 9.62 (as substituted by 2008 No 90 s 8) 9.63 Service of documents on applicant (1) A document relating to an application to set aside a New 15 Zealand subpoena may be served on the applicant by— (a) leaving it at, or posting it to, the address for service of the applicant stated in the application; or if a fax number is stated in the application, sending it by fax to that number.
(b) (1A) (2) (3) If a document relating to the application is served on the ap- plicant by post in accordance with subclause (1)(a), it is to be treated as having been served on the earlier of— (a) the sixth working day after the day on which it was posted; and the day on which it was received.

(b) If a document relating to the application is served on the ap- plicant by fax, the document must, subject to subclauses (3) and (4), be treated as having been served on the day on which it was sent.
If a document is sent by fax to a fax number in a State or Territory of Australia at a time later than 5 pm in that State or Territory, the document must, subject to subclause (4), be 573 20 25 30 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 8—continued treated as having been served on the first working day after the day on which it was sent.
(4) A document sent to a fax number in Australia must, unless the contrary is proved, be treated as having been received in a complete and legible condition.
Compare: 1908 No 89 Schedule 2 r 502F 9.63 (as substituted by 2008 No 90 s 8) 5 (2) 9.64 Hearing of application (1) Despite any other rule, if neither the applicant for an order to set aside a New Zealand subpoena nor the person at whose re- quest the subpoena was issued states that a hearing is required, 10 the court may determine an application to set the subpoena aside without a hearing.
For the purposes of determining an application, the court may, if it thinks fit, hold a hearing by remote appearance medium under section 168 of the Evidence Act 2006.

Subject to the Evidence Act 2006, the court must hold a hear- ing by remote appearance medium if the applicant requests, either in the application or within a reasonable time after the filing of the application, that a hearing be held by video link or telephone conference.
Compare: 1908 No 89 Schedule 2 r 502G 9.64 (as substituted by 2008 No 90 s 8) (3) 15 20 9.65 Failure to comply with subpoena A certificate under section 161 of the Evidence Act 2006 must be in form G 29.
Compare: 1908 No 89 Schedule 2 r 502H 9.65 (as substituted by 2008 No 90 s 8) 25 9.66 Transmission of documents or things to Australian Court Every person who produces a document or thing at a registry (1) of the court in compliance with an Australian subpoena must 30 provide the Registrar with a copy of the subpoena.
574 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 8—continued (b) (2) When a document or thing is produced at a registry of the court, the Registrar must, on compliance with subclause (1),— issue a receipt for the document or thing that states the (a) date and time of its production; and send to the Registrar of the Australian Court that issued 5 the subpoena, by fax or other means of communication, a copy of the receipt and of the subpoena; and send the document or thing together with a copy of the subpoena, without delay, to the Australian Court by means enabling it to be received before the date on 10 which it is required to be produced to that court.
Compare: 1908 No 89 Schedule 2 r 502I 9.66 (as substituted by 2008 No 90 s 8) (c) 9.67 Evidence and submissions by remote appearance medium from Australia (1) An application under section 168 of the Evidence Act 2006 for 15 a direction that evidence be given from Australia or submis- sions be made from Australia by remote appearance medium may be made without notice.
Except in the case of an appli- cation under section 160 of that Act, the application must be accompanied by an affidavit stating— (a) (b) 20 the nature of the evidence or the submissions: the place in Australia from which the evidence is to be given or the submissions are to be made: if it is proposed that evidence be given or submissions be made by audiovisual link, particulars of the audio- 25 visual link facilities available at the courtroom or other place where the court is to sit in New Zealand and at the place where the evidence is to be given or the submis- sions are to be made in Australia: if it is proposed that evidence be given or submissions 30 be made by audio link, particulars of the audio link fa- cilities available at the courtroom or other place where the court is to sit in New Zealand and at the place where (c) (d) 575 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 8—continued (e) (f) (g) the evidence is to be given or the submissions are to be made in Australia: in a case where evidence is proposed to be given, an estimate of the time the evidence will take: whether issues of character or credibility are likely to 5 be raised: in a case in which submissions are proposed to be made, an estimate of the time required to make the submis- sions.
(2) When the court gives a direction under section 168 of the Evi- 10 dence Act 2006, it must instruct the Registrar to make appro- priate arrangements in New Zealand and Australia in accord- ance with any particular directions that the court may make.
(3) Without limiting subclause (2), the court may— (a) (b) direct that the evidence be given or the submissions be 15 made at an Australian court or at another place in Aus- tralia: request that an officer of an Australian court or other person approved by the Judge be present to assist in the transmission of evidence or submissions, and in particu- 20 lar to— (i) introduce witnesses giving evidence or a barrister or solicitor (or both) making submissions: assist with the administration of oaths: assist with the implementation of any directions 25 or requests given or made by the Judge hearing the evidence or submissions.
(ii) (iii) (4) In this rule, evidence includes the related examination of a person giving evidence.
Compare: 1908 No 89 Schedule 2 r 502J9.67 (as substituted by r 21 of the High 30 Court (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013) 576 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 9—Procedure when evidence given by affidavit 9.68 Application of rules 9.69 to 9.74 (1) Rules 9.69 to 9.74 apply subject to a direction by the court and to any rule affecting a particular kind of proceeding.
In this subpart, taker means the person before whom an affi- davit is sworn or an affirmation is made.
Compare: 1908 No 89 Schedule 2 r 503 9.68 (as substituted by 2008 No 90 s 8) (2) 9.69 Time for filing plaintiff’s affidavits (1) In this rule, the prescribed date means,— (a) if the parties have agreed under rule 9.55 that evidence be given by affidavit, the date when the agreement was filed: 5 10 (b) when these rules provide that the evidence be given by affidavit, the close of pleadings date fixed under rule 15 7.6.
(2) Within 10 working days after the prescribed date the plaintiff must, subject to rule 19.11, file the plaintiff’s affidavits and serve copies on the other parties.

Compare: 1908 No 89 Schedule 2 r 504 9.69 (as substituted by 2008 No 90 s 8) 20 9.70 Time for filing defendant’s affidavits The defendant must, within 10 working days after service of the plaintiff’s affidavits, file the defendant’s affidavits and serve copies of them on the plaintiff and on any other party.
Compare: 1908 No 89 Schedule 2 r 505 9.70 (as substituted by 2008 No 90 s 8) 25 9.71 Time for filing affidavits in reply Within 10 working days after service on the plaintiff of the defendant’s affidavits, the plaintiff must file the plaintiff’s af- fidavits in reply and serve copies of them on the defendant and on any other party.
Compare: 1908 No 89 Schedule 2 r 506 9.71 (as substituted by 2008 No 90 s 8) 30 577 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 9—continued 9.72 Use of affidavits (1) No affidavit may be read or used until it has been filed.

(2) When an affidavit has been filed, it may be used by any party.

(3) An affidavit may not be taken off the file without the leave of the court.
Compare: 1908 No 89 Schedule 2 r 507 9.72 (as substituted by 2008 No 90 s 8) 5 9.73 Swearing of affidavits (1) An affidavit may be read and used in a proceeding only if it complies either with subclause (2) or (3).

(2) A sworn affidavit must be sworn— 10 (a) (b) in accordance with the Oaths and Declarations Act 1957; and before a person authorised to administer oaths under that Act or under rule 9.85 or 9.86.

(3) An affirmed affidavit must comply with the Oaths and Declar- 15 ations Act 1957.
Compare: 1908 No 89 Schedule 2 r 520 9.73 (as substituted by 2008 No 90 s 8) 9.74 Cross-examination of person who has sworn affidavit (1) A party desiring to cross-examine a person who has sworn or affirmed an affidavit on behalf of an opposite party may 20 serve on that opposite party a notice in writing (which may be by letter addressed to the opposite party’s solicitor) requiring the production of that person for cross-examination before the court at the trial.
The notice must be served, and copies of it filed in the court 25 and delivered to all other parties who have taken any step in the proceeding, not less than 3 working days before the day fixed for the trial.

The affidavit of a person who is not produced must not be used as evidence unless the evidence is routine, or there are 30 exceptional circumstances, and in either case the court grants leave.
(2) (3) 578 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 9—continued (4) The party to whom the notice is given is entitled to compel the attendance of the person who has sworn an affidavit for cross-examination in the same way as that party might compel the attendance of a witness to be examined.
Compare: 1908 No 89 Schedule 2 r 508 9.74 (as substituted by 2008 No 90 s 8) 5 (2) 9.75 Person refusing to make affidavit (1) If a person having information relevant to a proceeding or an interlocutory application refuses to make an affidavit as to that information, a party may apply for an order directing the per- son to appear and be examined on oath before the court, or any 10 person the court appoints, as to that information.
The court may— (a) make any orders the court thinks just for the attendance of that person before the court, or before the person named in the order, for the purpose of being examined, 15 and for the production of any documents specified in the order; and impose any terms the court thinks just, as to the exam- ination and the costs of and incidental to the application and examination.
(b) 20 Compare: 1908 No 89 Schedule 2 r 509 9.75 (as substituted by 2008 No 90 s 8) 9.76 Form and contents of affidavits (1) An affidavit— (a) must be expressed in the first person; and (b) must state the full name, occupation, and place of resi- 25 dence of the person making it; and (c) must either— (i) (ii) be signed by that person; or if that person cannot write, have that person’s mark set to it by that person; and 30 (d) must be confined— (i) to matters that would be admissible if given in evidence at trial by the deponent; and 579 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 9—continued (ii) if in reply, to matters strictly in reply.
(2) The court— (a) may refuse to read an affidavit that— (i) (ii) unnecessarily sets forth any argumentative mat- ter or copies of or extracts from documents; or being in reply, introduces new matter; and 5 (b) may order that the costs incurred in respect of or occa- sioned by an affidavit to which paragraph (a) applies be paid by the party filing the affidavit.
(3) (4) (5) The taker must sign the affidavit after the signature of the per- 10 son making it, and must state the date and place of swearing or affirming the affidavit and the taker’s qualification (in this subpart referred to as the statement by the taker).
If an affidavit has more than 1 page,— (a) the deponent must initial or set the deponent’s mark on 15 each page (not including the cover sheet) that precedes the page on which the statement by the taker in accord- ance with subclause (3) appears; and the taker must initial each of those pages.

(b) This rule does not limit the extent to which subpart 2 of Part 5 20 applies in respect of affidavits.
Compare: 1908 No 89 Schedule 2 r 510 9.76 (as substituted by 2008 No 90 s 8) 9.77 Exhibits to affidavits (1) Exhibits to an affidavit— (a) must be marked, in each case, with a distinguishing let- 25 ter or number; and (b) must be annexed to the affidavit— (i) (ii) if this is practicable; and if none of them exceed international size A4; and (c) must, in each case, be identified by a note made on it 30 and signed by the taker.
580 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 9—continued (2) (3) Exhibits that are not annexed to the affidavit must, subject to subclause (3), be filed with the affidavit in a separate bundle, which bundle must— (a) (b) be securely bound; and include a sheet bearing a proper heading, endorsement, 5 and subscription.
If the size, shape, or nature of an exhibit makes it impractica- ble to comply with subclause (1)(b) or (2), that exhibit must have firmly affixed to it a sheet bearing a proper heading, en- dorsement, and subscription.
Compare: 1908 No 89 Schedule 2 r 511 9.77 (as substituted by 2008 No 90 s 8) 10 9.78 Interlineation, alteration, or erasure in affidavit An affidavit having in the statement by the taker or its contents an interlineation, alteration, or erasure must not, without leave of the court, be read or made use of in a proceeding unless the 15 interlineation or alteration (other than by erasure) is authenti- cated by the initials of the taker, or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are rewritten and signed or initialled in the margin of the affidavit by the taker.
Compare: 1908 No 89 Schedule 2 r 513 9.78 (as substituted by 2008 No 90 s 8) 20 9.79 Irregularity in form of affidavit The court may receive any affidavit sworn or affirmed for the purpose of being used in any proceeding, despite any defect by misdescription of parties in the title or statement by the taker, 25 or any other irregularity in its form, and may direct that a note be made on the document that it has been so received.
Compare: 1908 No 89 Schedule 2 r 514 9.79 (as substituted by 2008 No 90 s 8) 9.80 Service copies of affidavits Every service copy of an affidavit must be legible and, when 30 practicable, include legible copies of all exhibits.
Compare: 1908 No 89 Schedule 2 r 515 9.80 (as substituted by 2008 No 90 s 8) 581 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 9—continued 9.81 Affidavit may be sworn on Sunday An affidavit may be sworn or affirmed on any day, including Sunday.
Compare: 1908 No 89 Schedule 2 r 516 9.81 (as substituted by 2008 No 90 s 8) 9.82 Affidavits made on behalf of corporation A person may make an affidavit on behalf of a corporation or body of persons empowered by law to sue or to be sued (whether in the name of the body or in the name of the holder of an office) if the person— (a) (b) Compare: 1908 No 89 Schedule 2 r 517 9.82 (as substituted by 2008 No 90 s 8) knows the relevant facts; and is authorised to make the affidavit.
5 10 9.83 Affidavit by 2 or more persons In an affidavit made by 2 or more persons, the names of each of those persons must be inserted in the statement by the taker.

If, 15 however, the affidavit of those persons is sworn (or affirmed) at the same time before the same person, it is sufficient to state that it was sworn (or affirmed) by both (or all) of the “persons named above”.
Compare: 1908 No 89 Schedule 2 r 518 9.83 (as substituted by 2008 No 90 s 8) 20 9.84 Affidavit by blind or illiterate person If it appears to the taker that the person making the affidavit is wholly or partially blind, or (whether because of physical handicap or otherwise) is unable to read or has severe difficulty in reading, the taker must certify in the affidavit— (a) that the affidavit was read and explained by him or her to the person; and that the person appeared perfectly to understand the af- fidavit; and that the person wrote his or her signature or made his or 30 her mark in the presence of the taker.
(b) (c) 25 Compare: 1908 No 89 Schedule 2 r 519 9.84 (as substituted by 2008 No 90 s 8) 582 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 9—continued 9.85 Authority to take affidavits in New Zealand (1) An affidavit may be sworn in New Zealand before a solicitor of the court or a Registrar or a Justice of the Peace.
(2) No affidavit, other than one sworn in respect of a non-con- (3) (4) tentious proceeding, may be read or used if it was sworn be- 5 fore a solicitor who, at the time of taking it, was acting as— (a) (b) the solicitor of a party to the proceeding; or a partner in, or a solicitor employed or engaged by, the firm of the solicitor of a party to the proceeding; or the agent of the solicitor of a party to the proceeding.

(c) Subclause (2) overrides subclause (1).


In this rule,— Registrar includes— (a) (b) (c) solicitor means a person enrolled as a barrister and solicitor of the High Court.
Compare: 1908 No 89 Schedule 2 r 521 9.85 (as substituted by 2008 No 90 s 8) a Deputy Registrar of the High Court: a Registrar of the District Court: a Deputy Registrar of the District Court 10 15 9.86 Authority to take affidavits in places outside New Zealand 20 (1) An affidavit may be sworn in a place outside New Zealand before— (a) (b) (c) a Commissioner of the High Court of New Zealand who has authority in that place; or a person who is authorised to administer oaths by the 25 law of that place; or a person who is authorised by a Judge to administer the oath required for the affidavit.
(2) The person administering an oath under subclause (1) must state in the affidavit which qualification that person has.

(3) An affidavit that appears to comply with subclauses (1) and (2) must be taken to have been properly sworn unless the court 30 583 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 9—continued Subpart 9—continued requires verification by evidence or other means of any matter relating to compliance with either of those subclauses.
(4) Nothing in this rule affects the administering of oaths under the Oaths and Declarations Act 1957.
Compare: 1908 No 89 Schedule 2 r 522 9.86 (as substituted by 2008 No 90 s 8) 5 9.87 Meaning of authenticated deposition In rules 9.88 and 9.89, authenticated deposition means a written statement— (a) made in a place outside New Zealand before a court or (b) (c) a judicial or other authority or person; and the maker of which is, under the law in force in the place in which the statement is made, liable to punishment if the statement is false; and that purports to be— (i) 10 (ii) (iii) signed by a person holding judicial office or by 15 an official exercising authority under the law in force in the place in which the statement is made; or sealed with an official or public seal or with the seal of a Minister of State, or with the seal of a 20 department or an official of the government ex- ercising authority in the place in which the state- ment is made; or endorsed with or accompanied by a certificate, given by a person having authority under the law 25 in force in the place in which the statement is made to give the certificate, that the statement complies with the requirements of the law in force in that place and that, under that law, the maker of the statement is liable to punishment if 30 the statement is false.
Compare: 1908 No 89 Schedule 2 r 523 9.87 (as substituted by 2008 No 90 s 8) 584 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 9—continued Subpart 9—continued 9.88 Admissibility of authenticated deposition Evidence that may, under these rules, be given by affidavit, may be given in an authenticated deposition.
Compare: 1908 No 89 Schedule 2 r 524 9.88 (as substituted by 2008 No 90 s 8) 9.89 Application of other rules (1) Rules 9.69 to 9.75 apply, with any necessary modifications, in relation to an authenticated deposition as if the deposition were an affidavit.

Rule 9.88 and this rule do not affect rules 9.17 to 9.29.
Compare: 1908 No 89 Schedule 2 r 524A 9.89 (as substituted by 2008 No 90 s 10 8) (2) 5 Part 10 Trial Subpart 1—Place 10.1 Venue and changing it (1) The place of trial is the town where the registry of the court in which the statement of defence is to be filed is situated.

(2) Despite subclause (1), if that registry is in Masterton, the place 15 of trial is Wellington.
(3) Despite subclause (1), if that registry is in Tauranga, the court 20 may direct at any time that the place of trial is either Hamilton or Rotorua.

(4) Despite subclauses (1) to (3), the court may at any time order that the proceeding be tried at a place— (a) that the parties consent to; or (b) where the proceeding can be more conveniently or more fairly tried.
(5) When the court orders a change of venue, it may direct that all subsequent steps in the proceeding be taken at the place where the trial is to take place.
Compare: 1908 No 89 Schedule 2 rr 123, 479 r 10.1 (as substituted by 2008 No 90 s 8) 25 30 585 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 10—continued Subpart 2—Adjournments, methods of trial, and verdicts 10.2 Adjournment of trial The court may, before or at the trial, if it is in the interests of justice, postpone or adjourn the trial for any time, to any place, 5 and upon any terms it thinks just.
Compare: 1908 No 89 Schedule 2 r 480 10.2 (as substituted by 2008 No 90 s 8) 10.3 Method of trial A proceeding must be tried either before a Judge alone or be- fore a Judge and a jury.

Compare: 1908 No 89 Schedule 2 r 481 10.3 (as substituted by 2008 No 90 s 8) 10 10.4 Court may order separate trials When justice requires, the court may order separate trials of causes of action and it may also direct the sequence of the separate trials and make any supplementary order that is just.
Compare: 1908 No 89 Schedule 2 r 113 10.4 (as substituted by 2008 No 90 s 8) 10.5 Existence or accuracy of record In any proceeding tried before a Judge and a jury, any question as to the existence or accuracy of a record of the court must be determined by the Judge and not by the jury.

Compare: 1908 No 89 Schedule 2 r 482 10.5 (as substituted by 2008 No 90 s 8) 15 20 10.6 When neither party appears (1) If neither party appears when the proceeding is called, the court may order it to be struck out.
The court may order it to be reinstated on good cause shown 25 by either party and on any terms it thinks just.

Compare: 1908 No 89 Schedule 2 r 483 10.6 (as substituted by 2008 No 90 s 8) (2) 586 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 10—continued Subpart 2—continued 10.7 When only plaintiff appears If the plaintiff appears and the defendant does not, the plaintiff must prove the cause of action so far as the burden of proof lies on the plaintiff.
Compare: 1908 No 89 Schedule 2 r 484 10.7 (as substituted by 2008 No 90 s 8) 5 10.8 When only defendant appears If the defendant appears but the plaintiff does not, the defen- dant,— (a) if the claim is not admitted, is entitled to judgment dis- missing the proceeding; and if there is a counterclaim, must prove it so far as the burden of proof lies on the defendant.
(b) 10 Compare: 1908 No 89 Schedule 2 r 485 10.8 (as substituted by 2008 No 90 s 8) 10.9 Judgment following non-appearance may be set aside Any verdict or judgment obtained when one party does not 15 appear at the trial may be set aside or varied by the court on any terms that are just if there has, or may have been, a miscarriage of justice.
Compare: 1908 No 89 Schedule 2 r 486 10.9 (as substituted by 2008 No 90 s 8) 10.10 When both parties appear (1) If both the plaintiff and the defendant appear, the plaintiff or any other party that has the right to begin must open the case and offer any evidence in support of it.

20 (2) When the party who begins has closed that party’s case, the other party must state his or her case and offer any evidence 25 in support of it.
(3) After the evidence has been given, the party who did not begin may address the court generally on the case, and then the other party may address the court in reply.

If, however, the party who did not begin has not offered evi- 30 dence, the sequence stated in subclause (3) is reversed.
This rule applies subject— (5) (4) 587 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 10—continued Subpart 2—continued (a) to any directions given under rule 7.2 or 7.8, as the case requires; and to the provisions of any Act.
(b) Compare: 1908 No 89 Schedule 2 r 487 10.10 (as substituted by 2008 No 90 s 8) 5 (3) (2) 10.11 When proceeding tried with jury (1) When the proceeding is tried with a jury, the Judge must, after the conclusion of counsels’ addresses, direct the jury on the evidence given in the case and on any relevant points of law.
The Judge may leave the case to the jury generally to find for either party, or may ask the jury to answer the issues the Judge 10 has settled, and take the verdict of the jury on those issues only.

The jury may, instead of finding a verdict for either party, state the facts as they find them to have been proved.

The statement must be put into writing and signed by the fore- man of the jury before the jury is discharged.
The jury may give a verdict for either party, subject to a special case to be stated by the parties.

This rule applies subject to the provisions of any Act.
Compare: 1908 No 89 Schedule 2 r 488 10.11 (as substituted by 2008 No 90 s 8) (4) (5) (6) 15 Subpart 3—Consolidation of proceedings 20 10.12 When order may be made The court may order that 2 or more proceedings be consoli- dated on terms it thinks just, or may order them to be tried at the same time or one immediately after another, or may order any of them to be stayed until after the determination of any 25 other of them, if the court is satisfied— (a) that some common question of law or fact arises in both or all of them; or that the rights to relief claimed therein are in respect of or arise out of— (i) (ii) the same event; or the same transaction; or 30 (b) 588 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 10—continued Subpart 3—continued (iii) (iv) (v) (vi) the same event and the same transaction; or the same series of events; or the same series of transactions; or the same series of events and the same series of transactions; or (c) that for some other reason it is desirable to make an order under this rule.
Compare: 1908 No 89 Schedule 2 r 382 10.12 (as substituted by 2008 No 90 s 8) 10.13 Application of rule 10.12 5 10 Rule 10.12 applies even though— (a) (b) the relief claimed in the proceedings is not the same; or 1 or more of the proceedings— (i) is pending in the court in the exercise of its ad- miralty jurisdiction; or is brought under the provisions of an Act confer- 15 ring special jurisdiction on the court.
Compare: 1908 No 89 Schedule 2 r 383 10.13 (as substituted by 2008 No 90 s 8) (ii) Subpart 4—Separate decision of questions 10.14 Definition of question In rules 10.15 to 10.21, question includes any question or issue 20 in any proceeding, whether of fact or of law or partly of fact and partly of law, and whether raised by pleadings, agreement of parties, or otherwise.
Compare: 1908 No 89 Schedule 2 r 417 10.14 (as substituted by 2008 No 90 s 8) 10.15 Orders for decision The court may, whether or not the decision will dispose of the proceeding, make orders for— (a) the decision of any question separately from any other question, before, at, or after any trial or further trial in the proceeding; and 25 30 589 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 10—continued Subpart 4—continued (b) the formulation of the question for decision and, if thought necessary, the statement of a case.
Compare: 1908 No 89 Schedule 2 r 418 10.15 (as substituted by 2008 No 90 s 8) 10.16 Removal into Court of Appeal If the court orders the separate decision of a question of law 5 under rule 10.15, it may further order that it be removed into the Court of Appeal.
Compare: 1908 No 89 Schedule 2 r 419 10.16 (as substituted by 2008 No 90 s 8) 10.17 Agreed result (1) The parties to a proceeding in which an order is sought or has 10 been made under rule 10.15 may agree that, on any question being decided in the sense specified in the agreement, a spe- cified direction for entry of judgment or a specified order will be made.

(2) On that question being so decided, the court may make the 15 agreed direction or order.
(3) Where an agreement is made under subclause (1) before a case is stated, the terms of the agreement must be set out in the case stated.

Compare: 1908 No 89 Schedule 2 r 420 10.17 (as substituted by 2008 No 90 s 8) 20 10.18 Record, etc, of decision When any question is decided under an order made under rule 10.15, the court must, subject to rule 10.19, either— (a) (b) cause the decision to be recorded; or direct the entry of an appropriate declaratory judgment 25 or order.
Compare: 1908 No 89 Schedule 2 r 421 10.18 (as substituted by 2008 No 90 s 8) 590 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 10—continued Subpart 4—continued 10.19 Disposal of proceeding if proceeding substantially (1) (2) affected by decision of question This rule applies if a decision of a question under an order made under rule 10.15— (a) substantially disposes of the proceeding or of the whole 5 or any part of any claim for relief in the proceeding; or renders unnecessary any trial or further trial in the pro- ceeding or on the whole or any part of any claim for re- lief in the proceeding.
(b) The court, at the time of deciding the question or at any sub- 10 sequent time, may, as appropriate,— (a) dismiss the proceeding or the whole or any part of any claim for relief in the proceeding; or direct the entry of any judgment; or (b) (c) make any other order.
Compare: 1908 No 89 Schedule 2 r 422 10.19 (as substituted by 2008 No 90 s 8) 10.20 Form and contents of case A case stated under an order under rule 10.15— (a) must be divided into paragraphs numbered consecu- tively; and (b) must state concisely any facts, and attach any docu- ments that are necessary to enable the court to hear and decide the questions arising on the case stated; and (c) must state the questions and matters to be decided.
Compare: 1908 No 89 Schedule 2 r 423 10.20 (as substituted by 2008 No 90 s 8) 25 10.21 Insufficient case or disputed facts or documents If a case stated does not state the facts and documents suffi- ciently to enable the court to decide the questions arising, or otherwise to hear and determine the questions and matters on the case stated, or in any case in which any relevant fact or 30 document is disputed, the court may,— (a) with the consent of all parties interested, amend the case stated; or 591 15 20 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 10—continued Subpart 4—continued (b) receive evidence, make findings of fact, and amend the case stated in accordance with the findings of fact of the court.
Compare: 1908 No 89 Schedule 2 r 424 10.21 (as substituted by 2008 No 90 s 8) Subpart 5—Counsel assisting 10.22 Counsel assisting At the request of the court, the Solicitor-General must appoint counsel to appear and be heard as counsel assisting the court.
Compare: 1908 No 89 Schedule 2 r 438A 10.22 (as substituted by 2008 No 90 s 8) 5 10 Subpart 6—Hearings by video link 10.23 Interpretation In this subpart,— eligible persons means the persons that the Judge considers should be treated as eligible persons for the purposes of a hear- 15 ing by video link judicial location means the courtroom or other place where the Judge hearing a matter by video link is located remote location means the courtroom or other place, outside the judicial location, where a party, witness, counsel, or other 20 person participating in the hearing of a matter by video link is located video link means facilities that enable audio and visual com- munication between persons at a judicial location and persons at a remote location.
Compare: 1908 No 89 Schedule 2 r 10.23 (as inserted by r 7 of the High Court Amendment Rules (No 2) 2009) 25 10.24 Judge may preside at hearing of certain matters by video link (1) A Judge may, by video link, preside at the hearing of any mat- 30 ter referred to in section 19 of the Act.
592 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 10—continued Subpart 6—continued (2) A Judge may direct that a matter be heard by video link on the application of 1 or more parties or on the Judge’s own initiative.

This rule is subject to rule 10.25.

This rule does not limit or affect the inherent jurisdiction of 5 the court.
Compare: 1908 No 89 Schedule 2 r 10.24 (as inserted by r 7 of the High Court Amendment Rules (No 2) 2009) (3) (4) 10.25 Requirements for hearing by video link A Judge must not preside at the hearing of a matter by video 10 link under rule 10.24 unless he or she is satisfied that— (a) location and every remote location is the judicial equipped with facilities that will— (i) (ii) enable all eligible persons at every remote loca- tion to see and hear the Judge and all eligible per- 15 sons at the judicial location; and enable the Judge and all eligible persons at the judicial location to see and hear all eligible per- sons at every remote location; and enable any document necessary for the purposes 20 of the hearing to be viewed at both the judicial location and every remote location; and use of a video link is, in all the circumstances, consistent with fairness and the interests of justice.
(iii) (b) 10.26 Incidental directions (1) A Judge presiding at the hearing of a matter by video link under rule 10.24 may give directions concerning the procedure for the hearing as he or she thinks fit.
25 (2) Without limiting subclause (1), the Judge may— (a) direct that an officer of the court, or other person ap- 30 proved by the court, be present to operate video equip- ment: 593 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 10—continued Subpart 6—continued (b) (c) (d) direct that an officer of the court, or other person ap- proved by the court, be present to assist in the hearing, and in particular to— (i) introduce persons appearing or witnesses giving evidence: assist with the administration of oaths and affir- mations: assist with the implementation of any directions or requests given or made by the Judge: (ii) (iii) 5 direct seating arrangements at a remote location to 10 ensure all participants in the hearing can be seen and heard: direct when the video link must be operational in rela- tion to his or her own entry to, or rising from, the judi- cial location.
15 Compare: 1908 No 89 Schedule 2 r 10.26 (as inserted by r 7 of the High Court Amendment Rules (No 2) 2009) Part 11 Judgment Subpart 1—General provisions 11.1 Interpretation In this Part,— delivery time has the meaning set out in rule 11.5 judgment includes a decree or order of the court reasons for judgment means— (a) the written reasons given by a Judge for his or her deci- sion; or 20 25 (b) when the Judge gives reasons orally, means a report, approved by the Judge, of those reasons.
Compare: 1908 No 89 Schedule 2 r 539 11.1 (as substituted by 2008 No 90 s 8) 30 11.2 Types of judgment A judgment may— 594 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 11—continued Subpart 1—continued (a) (b) (c) (d) be interim; or be final; or deal with any question or issue; or order any accounts, inquiries, acts, or steps that the court considers necessary.
Compare: 1908 No 89 Schedule 2 r 531(1) 11.2 (as substituted by 2008 No 90 s 8) 11.3 How judgment given (1) A Judge may give a judgment— in writing; or orally— (i) (ii) (a) (b) (2) if the conditions in subclause (2) apply; or on an application without notice.
The conditions are that the affected parties or their counsel have been given a reasonable opportunity— (a) (b) to be present when the judgment is given; or to hear the Judge give the judgment, for example, by telephone, telephone conference call, or video link.

5 10 15 Compare: 1908 No 89 Schedule 2 r 540(1), (2) 11.3 (as substituted by 2008 No 90 s 8) 20 11.4 Time judgment given (1) A judgment is given orally when the Judge pronounces it, with or without reasons.
(2) A written judgment is given at the delivery time directed or nominated under rule 11.5.
Compare: 1908 No 89 Schedule 2 r 540(3), (4) 11.4 (as substituted by 2008 No 90 s 8) 25 11.5 Delivery time of written judgment The delivery time of a written judgment is— (a) the date and time directed by the Judge responsible for 30 it; or 595 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 11—continued Subpart 1—continued (b) if no direction is given under paragraph (a), a date and time nominated by the Registrar under rule 11.14.
Compare: 1908 No 89 Schedule 2 r 540(4), (5) 11.5 (as substituted by 2008 No 90 s 8) 11.6 Form of judgment (1) (2) Judgments must be drawn up in a form approved by the Regis- trar.

Forms J 1 to J 4 must be used, as appropriate.


Compare: 1908 No 89 Schedule 2 r 541(1), (2) 11.6 (as substituted by 2008 No 90 s 8) 5 10 11.6A General court order (1) This rule applies to any order of the court, other than an order on an interlocutory application or an order that under these rules must or may be drawn up in a particular form.

(2) When this rule applies, the order of the court must be in form 15 G 40.
Compare: 1908 No 89 Schedule 2 r 11.6A (as inserted by r 6 of the High Court Amendment Rules (No 2) 2010) 11.7 Duplicate judgments Duplicates of a judgment, with the word duplicate on the front 20 page, may be issued to any party.
Compare: 1908 No 89 Schedule 2 r 541A 11.7 (as substituted by 2008 No 90 s 8) 11.8 Death or incapacity of Judge before judgment (1) A Judge or the Registrar may give a judgment or deliver the 25 reasons for a judgment signed by a Judge who becomes inca- pable or dies after signing and before giving the judgment or delivering the reasons.
(2) A decision is the judgment of the court, if— (a) (b) subclause (1) does not apply; and a court of 3 or more Judges sitting without a jury com- pletes the trial of a proceeding or issue; and 30 596 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 11—continued Subpart 1—continued (c) (d) 1 of the Judges becomes incapable of giving judgment or dies; and a majority of the Judges who constituted the court when the trial began concur in the decision on the proceeding or issue.
(3) A proceeding or issue must be retried if— (a) (b) neither subclause (1) nor (2) applies; and a Judge who is sitting without a jury on the trial of the proceeding or issue becomes incapable of giving judg- ment or dies.

5 10 (4) A Judge or the Registrar must discharge the jury and order a new trial if another Judge sitting with a jury on the trial of the proceeding or issue dies or becomes incapable of acting for any other reason before the jury retires to consider its verdict.
(5) A Judge may do any 1 or more of the following if another 15 Judge sitting with a jury on the trial of a proceeding or issue dies or becomes incapable of acting for any other reason after the jury retires to consider its verdict and before judgment is given: (a) (b) (c) (d) give any further directions required by the jury: take the verdict and give judgment on it: discharge the jury without verdict: do whatever is necessary, up to and including the sealing of judgment.
20 Compare: 1908 No 89 Schedule 2 r 543 11.8 (as substituted by 2008 No 90 s 8) 25 11.9 Recalling judgment A Judge may recall a judgment given orally or in writing at any time before a formal record of it is drawn up and sealed.
Compare: 1908 No 89 Schedule 2 r 542(3) 11.9 (as substituted by 2008 No 90 s 8) 30 11.10 Correction of accidental slip or omission (1) A judgment or order may be corrected by the court or the Registrar who made it, if it— 597 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 11—continued Subpart 1—continued (a) (b) contains a clerical mistake or an error arising from an accidental slip or omission, whether or not made by an officer of the court; or is drawn up so that it does not express what was decided and intended.
5 The correction may be made by the court or the Registrar, as the case may be,— (a) (b) Compare: 1908 No 89 Schedule 2 r 12 11.10 (as substituted by 2008 No 90 s 8) 10 on its or his or her own initiative; or on an interlocutory application.

(2) Subpart 2—Sealing and notification 11.11 Judgments to be sealed, dated, and served (1) A Registrar must seal judgments with the seal of the court.
(2) A judgment must be sealed— (a) (b) in accordance with any direction given by the Judge 15 relating to the sealing of the judgment; or if no direction is given, at any time after the judgment is given.

(3) Except with the leave of the court, a judgment must not be sealed until any application under rule 11.9 for the recall of 20 the judgment is determined.
(4) A sealed judgment must state— (a) the date on which the judgment is given; and (b) (5) A party who has a judgment sealed must immediately serve a 25 sealed copy of it on— (a) every other party who has given an address for service; and any other person who, although not a party, is affected by the judgment.
30 (b) Compare: 1908 No 89 Schedule 2 r 541(1), (3)–(5) 11.11 (as substituted by 2008 No 90 s 8) 598 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 11—continued Subpart 2—continued 11.12 When judgment takes effect (1) A judgment takes effect when it is given.

Rule 11.13 overrides subclause (1).


(2) Compare: 1908 No 89 Schedule 2 r 542(1), (5)(a) 11.12 (as substituted by 2008 No 90 s 8) 5 11.13 Steps before judgment sealed (1) A step may be taken on a judgment before it is sealed only with the leave of a Judge.

(2) A party may appeal under rule 31 of the Court of Appeal (Civil) Rules 2005 against a judgment before it is sealed but 10 must take steps to ensure the judgment is sealed without delay after the appeal is brought.
Compare: 1908 No 89 Schedule 2 r 542(2), (4) 11.13 (as substituted by 2008 No 90 s 8) 15 11.14 Registrar’s role on receipt of judgment (1) The Registrar must endorse a written judgment with the deliv- ery time when the Registrar receives it from the Judge respon- sible for it.

The date and time nominated by the Registrar under rule 11.5(b) must not be earlier than the date and time the Regis- 20 trar endorses the judgment under subclause (1).
The Registrar must attempt to notify the parties of the delivery time, by telephone or otherwise, immediately after endorsing a judgment.

(2) (3) (4) A party may request the Registrar to— (a) send the party a copy of the written judgment by email or fax immediately after the delivery time; or (b) make a copy of the written judgment available for col- lection from the court registry immediately after the de- livery time.
(5) The Registrar must, immediately after the delivery time, post a copy of the written judgment to a party that— has given an address for service; and (a) 25 30 599 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 11—continued Subpart 2—continued (b) does not make a request under subclause (4).

(6) A failure by the Registrar to comply with any of subclauses (3) to (5) does not affect a judgment’s validity or its delivery time.
Compare: 1908 No 89 Schedule 2 r 540(4), (6)–(9) 11.14 (as substituted by 2008 No 90 s 8) 5 Subpart 3—Judgment if proceeding tried with jury 11.15 Judgment after proceeding tried with jury After a Judge takes the jury’s verdict in a proceeding, he or she may— (a) (b) (c) give judgment immediately; or adjourn the proceeding for further consideration; or give judgment for either party and reserve leave for either party to apply— (i) (ii) to set aside the judgment; and for another judgment.
Compare: 1908 No 89 Schedule 2 r 525 11.15 (as substituted by 2008 No 90 s 8) 11.16 Leave to apply to set aside judgment A party to whom leave is reserved under rule 11.15(c) and who wishes to apply must do so— (a) (b) within the time fixed by the court for the purpose; or if paragraph (a) does not apply, within 10 working days after leave is reserved.
Compare: 1908 No 89 Schedule 2 r 526 11.16 (as substituted by 2008 No 90 s 8) 11.17 Judgment not in accordance with verdict (1) Either party to a proceeding tried with a jury may apply to set aside the judgment and for another judgment, on the ground that the judgment given is not in accordance with the verdict of the jury.
(2) An application under subclause (1)— (a) may be made without leave reserved; and 600 10 15 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 11—continued Subpart 3—continued (b) must be made within 10 working days after judgment is given.
Compare: 1908 No 89 Schedule 2 r 527 11.17 (as substituted by 2008 No 90 s 8) 11.18 Application for judgment on special verdict or subject to (1) special case Either party may apply for the judgment to which the party considers the party is entitled within 10 working days after the jury states the facts or finds a verdict subject to a special case.

(2) A copy of the case must be filed in court with the notice of 5 application if it is on a special case.
Compare: 1908 No 89 Schedule 2 r 529 11.18 (as substituted by 2008 No 90 s 8) 10 11.19 Application for judgment by both parties Applications for judgment by 2 or more parties must be heard together, unless the court thinks it preferable to hear them sep- arately.
Compare: 1908 No 89 Schedule 2 r 530 11.19 (as substituted by 2008 No 90 s 8) 15 Subpart 4—Giving effect to judgments 11.20 Conduct of proceedings after judgment The court may give the conduct of the proceeding after judg- ment to whichever party the court thinks proper, if the court 20 makes an order under rule 11.2(d).
Compare: 1908 No 89 Schedule 2 r 531(2) 11.20 (as substituted by 2008 No 90 s 8) 11.21 Applying for dismissal because of inactivity (1) A party may apply to dismiss the proceeding if the opposite 25 party has the conduct of the proceeding and does not— (a) proceed with the accounts, ordered; or take all necessary steps to have them completed.
(2) On an application under subclause (1), the court may make any 30 inquiries, acts, or steps (b) 1 or more of the following orders it considers just: 601 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 11—continued Subpart 4—continued (a) (b) (c) an order as to the prosecution of the account, inquiries, acts, or steps: an order for the dismissal of the proceeding: an order giving the conduct of the proceeding to another party.
Compare: 1908 No 89 Schedule 2 r 532 11.21 (as substituted by 2008 No 90 s 8) (2) 11.22 Judgment directing sale of property (1) Property to be sold because of a direction in a judgment or order must be sold in a way that ensures that the best price is obtained for it, unless the court directs otherwise.
The court may do any 1 or more of the following, when giving the judgment or making the order or at a later time: give directions about the method of the sale: (a) give directions about the terms and conditions of sale: (b) if the sale is by auction,— (c) (i) (ii) fix a reserve price, if appropriate; and define the rights of parties to bid at the sale.
5 10 15 (3) All parties must co-operate in effecting the sale of the property and do everything necessary to give effect to the sale, includ- ing signing any documents required to transfer or convey the 20 property to the purchaser.
To effect the sale of the property, the court may— (a) (4) give all necessary directions, including directions in re- lation to the transfer or conveyance of the property sold; and appoint a person to sign any documents required to transfer or convey to the purchaser the property sold.
25 (b) Compare: 1908 No 89 Schedule 2 r 533 11.22 (as substituted by 2008 No 90 s 8) 11.23 Judgment for balance of claim over counterclaim The plaintiff is entitled to judgment on the cause of action for 30 the balance of his or her claim, after deducting the amount of the counterclaim proved by the defendant, if a counterclaim is 602 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 11—continued Subpart 4—continued proved to an amount less than that recovered on the cause of action.
Compare: 1908 No 89 Schedule 2 r 534 11.23 (as substituted by 2008 No 90 s 8) 11.24 Judgment for balance of counterclaim The defendant is entitled to judgment for the excess if a coun- 5 terclaim is proved to an amount exceeding that recovered on the cause of action.
Compare: 1908 No 89 Schedule 2 r 535 11.24 (as substituted by 2008 No 90 s 8) 11.25 Cross judgments (1) Cross judgments may be set off against each other by leave of 10 the court if they are between the same parties and for any 1 or more of the following: (a) money: (b) (c) (d) Leave must not be granted under subclause (1) if the set-off would prejudice any solicitor’s lien for costs in the particular proceeding against which the set-off is sought.
Compare: 1908 No 89 Schedule 2 r 536 11.25 (as substituted by 2008 No 90 s 8) 20 costs: debt: damages.
15 (2) 11.26 Judgment if third party defends (1) The court may do the following if a third party files a statement of defence to a third party notice: (a) order judgment to be entered for or against the defen- dant giving the notice against or for the third party; and 25 grant to the defendant or to the third party any relief or remedy that might properly have been granted if the defendant had instituted a proceeding against the third party; and (b) (c) make another appropriate order, instead of or in addition 30 to the orders in paragraphs (a) and (b).
(2) The court may act under subclause (1)— 603 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 11—continued Subpart 4—continued (a) (b) at or after the trial; or on application, whether the proceeding is decided by trial or otherwise.

(3) This rule applies, with all necessary modifications, whenever a fourth or subsequent party notice is issued.
Compare: 1908 No 89 Schedule 2 r 537 11.26 (as substituted by 2008 No 90 s 8) 5 11.27 Interest on judgment debt (1) A judgment debt carries interest from the time judgment is (2) (3) given until it is satisfied.

The interest is at the rate prescribed by or under section 10 452(2) of the Judicature Modernisation Act 2013 or at a lower rate fixed by the court.

The interest may be levied on the judgment under an enforce- ment process (as defined in rule 17.3).
Compare: 1908 No 89 Schedule 2 r 538 11.27 (as substituted by 2008 No 90 s 8) 15 11.28 Satisfaction of judgment (1) As soon as a judgment is satisfied by payment, levy, or in another way, the party against whom the judgment was given is entitled to have satisfaction of that judgment formally entered.
For the purposes of subclause (1), the party against whom the 20 judgment was given must produce and file in the registry of the court an acknowledgment of satisfaction signed by or on behalf of the party obtaining judgment.

(2) (3) Despite subclause (2), the court may order satisfaction to be entered upon proof that the judgment has been satisfied.
Compare: 1908 No 89 Schedule 2 r 544 11.28 (as substituted by 2008 No 90 s 8) 25 Part 12 Summary judgment 12.1 Application of summary judgment procedure Rules 12.2 to 12.16 apply to all proceedings except— a proceeding under Part 19, 20, or 21; or (a) 30 604 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 12—continued (b) (c) an application for a writ of habeas corpus; or an application for administration in common form under Part 27.
Compare: 1908 No 89 Schedule 2 r 135 12.1 (as substituted by 2008 No 90 s 8) 12.2 Judgment when there is no defence or when no cause of 5 (1) (2) action can succeed The court may give judgment against a defendant if the plain- tiff satisfies the court that the defendant has no defence to a cause of action in the statement of claim or to a particular part of any such cause of action.
The court may give judgment against a plaintiff if the defen- dant satisfies the court that none of the causes of action in the plaintiff’s statement of claim can succeed.
Compare: 1908 No 89 Schedule 2 r 136 12.2 (as substituted by 2008 No 90 s 8) 12.3 Summary judgment on liability The court may give judgment on the issue of liability, and di- rect a trial of the issue of amount (at the time and place it thinks just), if the party applying for summary judgment satisfies the court that the only issue to be tried is one about the amount claimed.
Compare: 1908 No 89 Schedule 2 r 137 12.3 (as substituted by 2008 No 90 s 8) 10 15 20 12.4 Interlocutory application for summary judgment (1) Application for judgment under rule 12.2 or 12.3 must be made by interlocutory application.

(2A) (2) An application by a plaintiff may be made either at the time 25 the statement of claim is served on the defendant, or later with the leave of the court.
If an application by a plaintiff is made at the time that the state- ment of claim is served on the defendant in Australia under section 13 of the Trans-Tasman Proceedings Act 2010, the 30 hearing date allocated (under rule 7.33) for the application must be after the period (under section 17(1)(a) or (b) of that 605 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 12—continued Act) within which the defendant may file an appearance or re- sponse document.
5 (4) (3) An application by a defendant may be made either at the time the statement of defence is served on the plaintiff, or later with the leave of the court.
The party making the application must file and serve on the other party the following documents: (a) (b) (c) an interlocutory application on notice in form G 31: a supporting affidavit: if the party is a plaintiff applying at the time the state- 10 ment of claim is served,— (i) (ii) if the party applying is a defendant applying at the time the statement of defence is served, a statement of de- 15 fence.
a notice of proceeding in form G 13; and a statement of claim: (d) (5) The affidavit— (a) must be by or on behalf of the person making the appli- (b) (c) cation: if given by or on behalf of the plaintiff, must verify the 20 allegations in the statement of claim to which it is al- leged that the defendant has no defence, and must de- pose to the belief of the person making the affidavit that the defendant has no defence to the allegations and set out the grounds of that belief: if given by or on behalf of the defendant, must show why none of the causes of action in the plaintiff’s state- ment of claim can succeed.
25 Compare: 1908 No 89 Schedule 2 r 138 12.4 (as substituted by 2008 No 90 s 8) 12.5 Service out of New Zealand 30 A plaintiff who makes an application under rule 12.2 or 12.3 must serve the documents referred to in rule 12.4(4) on a de- 606 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 12—continued fendant who is overseas not less than 25 working days before the date for hearing the application.
Compare: 1908 No 89 Schedule 2 r 138A 12.5 (as substituted by 2008 No 90 s 8) 12.6 Requirements as to notice of proceeding 5 Rule 5.23 does not apply to a proceeding under Part 12.

Compare: 1908 No 89 Schedule 2 r 139 12.6 (as substituted by 2008 No 90 s 8) 12.7 Time for service (1) The documents specified in rule 12.4(4) must be served on the other party to the proceeding not less than 25 working days 10 before the date for hearing the application.

Rule 12.5 overrides this rule.
Compare: 1908 No 89 Schedule 2 r 140 12.7 (as substituted by 2008 No 90 s 8) (2) 12.8 Postponement of hearing If the documents specified in rule 12.4(4) have not been served 15 within the time prescribed by rule 12.7(1), or rule 12.5 if ap- plicable, the Registrar, on request, may postpone the hearing by— (a) deleting the original date of hearing shown in the notice of interlocutory application; and inserting a new date; and initialling the new date in the margin opposite the alter- ation.
(b) (c) 20 Compare: 1908 No 89 Schedule 2 r 140A 12.8 (as substituted by 2008 No 90 s 8) 25 12.9 Notice of opposition and affidavit in answer (1) A party who intends to oppose an application for judgment under rule 12.2 or 12.3 must, at least 3 working days before the date for hearing the application, file in the court and serve on the applicant— (a) a notice of opposition in form G 33; and 30 607 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 12—continued (b) an affidavit by or on behalf of the party intending to oppose the application in answer to the affidavit by or on behalf of the applicant.
(2) (3) (4) For the purposes of subclause (1), in answer to means,— (a) in the case of a defendant, setting out the defence to the 5 cause or causes of action that are subject to the summary judgment application; or in the case of a plaintiff, setting out the reasons why the defendant’s defences do not succeed against the plain- tiff’s cause or causes of action.
(b) 10 If an opposing party does not file and serve the documents re- quired by subclause (1), the party may not be heard in oppos- ition to the application without the leave of the court.

Rule 7.24(2) and (3) apply, with all necessary modifications, to a notice of opposition filed under subclause (1)(a).
Compare: 1908 No 89 Schedule 2 r 141 12.9 (as substituted by 2008 No 90 s 8) 15 12.10 Statement of defence A defendant who has filed both a notice of opposition and an affidavit under rule 12.9 may, in addition, file a statement of defence in the registry of the court in which the notice of op- 20 position and the affidavit were filed.
Compare: 1908 No 89 Schedule 2 r 141A 12.10 (as substituted by 2008 No 90 s 8) 12.11 Affidavits in reply (1) An affidavit may be filed by or on behalf of the party making 25 the application in reply to an affidavit filed by or on behalf of the party opposing the application.
Every affidavit filed under subclause (1)— (a) must be limited to new matters in the affidavit of the (2) party opposing the application; and 30 608 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 12—continued (b) must be filed in the court and served on the party oppos- ing the application not later than 1 pm on the last work- ing day before the date for hearing the application.
Compare: 1908 No 89 Schedule 2 r 141B 12.11 (as substituted by 2008 No 90 s 8) 5 12.12 Disposal of application (1) (2) If the court dismisses an application for judgment under rule 12.2 or 12.3, the court must give directions as to the future conduct of the proceeding as may be appropriate.
If it appears to the court on an application for judgment under 10 rule 12.2 or 12.3 that the defendant has a counterclaim that ought to be tried, the court— (a) may give judgment for the amount that appears just on any terms it thinks just; or (b) may dismiss the application and give directions under 15 subclause (1).
Compare: 1908 No 89 Schedule 2 r 142 12.12 (as substituted by 2008 No 90 s 8) 12.13 Time for filing statement of defence on dismissal of (1) (2) plaintiff’s application The statement of defence in the proceeding, if not already filed, 20 must be filed within 10 working days after the date on which any application by a plaintiff for judgment under rule 12.2 or 12.3 is dismissed in whole or in part.

Rule 12.12(1) overrides this rule.


Compare: 1908 No 89 Schedule 2 r 142A 12.13 (as substituted by 2008 No 90 25 s 8) 12.14 Setting aside judgment A judgment given against a party who does not appear at the hearing of an application for judgment under rule 12.2 or 12.3 may be set aside or varied by the court on any terms it thinks 30 just if it appears to the court that there has been or may have been a miscarriage of justice.
Compare: 1908 No 89 Schedule 2 r 143 12.14 (as substituted by 2008 No 90 s 8) 609 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 12—continued 12.15 Discontinuance (1) The party making the application may, at any time before an application for judgment under rule 12.2 or 12.3 is heard, dis- continue the application— (a) by filing in the registry of the court in which the appli- 5 cation is filed a memorandum of discontinuance; and by serving a copy of the memorandum on the other party to the application.
(b) (2) The court may give directions about the future conduct of the proceeding after an application for judgment under rule 12.2 10 or 12.3 is discontinued.

Compare: 1908 No 89 Schedule 2 r 143A 12.15 (as substituted by 2008 No 90 s 8) 12.16 Application to counterclaims and claims against third parties Rules 12.1 to 12.15 apply, with all necessary modifications, to counterclaims and to claims against third parties.
Compare: 1908 No 89 Schedule 2 r 144 12.16 (as substituted by 2008 No 90 s 8) Part 13 Summary proceeding for recovery of land 13.1 Interpretation In this Part, unlawful occupier means a person who— (a) occupies or continues to occupy land of the plaintiff without the licence or consent of the plaintiff or the plaintiff’s predecessor in title; and is not a tenant or subtenant holding over after the ter- mination of a tenancy or subtenancy.
(b) Compare: 1908 No 89 Schedule 2 r 134A(1) 13.1 (as substituted by 2008 No 90 s 8) 13.2 Application of Part (1) This Part applies to every proceeding in which the plaintiff claims the recovery of land that is occupied solely by 1 or more unlawful occupiers.

610 15 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 13—continued (2) This Part does not affect the application of Part 12 (summary judgment) to a proceeding for the recovery of land.
Compare: 1908 No 89 Schedule 2 r 134A 13.2 (as substituted by 2008 No 90 s 8) 13.3 Defendants (1) (2) (3) The plaintiff must name as a defendant in the statement of claim each unlawful occupier who is known to the plaintiff.

If no unlawful occupier is known to the plaintiff by name, the statement of claim need not name any person as defendant.

Subclause (1) is subject to subclause (2).
Compare: 1908 No 89 Schedule 2 r 134B 13.3 (as substituted by 2008 No 90 s 8) 13.4 Affidavit in support The plaintiff must file with the statement of claim an affidavit that— (a) (b) states the interest of the plaintiff in the land; and states the circumstances in which the land has been occupied without licence or consent and in which the claim for recovery of the land arises; and if no person is named as defendant in the statement of 20 claim, states that the plaintiff does not know the name of any of the unlawful occupiers.
(c) Compare: 1908 No 89 Schedule 2 r 134C 13.4 (as substituted by 2008 No 90 s 8) 13.5 Service (1) The plaintiff must serve the following documents on each de- fendant, if any, and on each unlawful occupier who is not a defendant: the statement of claim: (a) the notice of proceeding: (b) a copy of the affidavit required by rule 13.4: (c) a copy of any exhibit referred to in that affidavit.

(d) In the case of a defendant, service must be effected in accord- ance with rule 5.71.
(2) 611 5 10 15 25 30 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 13—continued (3) In the case of an unlawful occupier who is not a defendant, service (unless the court directs or permits a different method of service) must be effected— (a) by affixing to some conspicuous part of the land the documents required to be served under subclause (1); 5 and if practicable, by leaving in the letterbox or other recep- tacle for mail on the land the documents required to be served under subclause (1) (those documents must be enclosed in a sealed envelope addressed to “The Occu- 10 piers”).
(b) Compare: 1908 No 89 Schedule 2 r 134D 13.5 (as substituted by 2008 No 90 s 8) 13.6 Time for filing statement of defence Despite rule 5.47(2)(b), if service is effected in accordance 15 with rule 13.5(3), the statement of defence must be filed within 25 working days after the day on which that service is effected.
Compare: 1908 No 89 Schedule 2 r 134E 13.6 (as substituted by 2008 No 90 s 8) 13.7 Power of court to make unlawful occupiers defendants A Judge may order that an unlawful occupier who is not a 20 defendant be made a defendant or be added as a defendant.
Compare: 1908 No 89 Schedule 2 r 134F 13.7 (as substituted by 2008 No 90 s 8) 13.8 Judgment for possession Rule 15.8 (which allows the plaintiff to seal judgment imme- diately upon certain defaults by the defendant) does not apply 25 to proceedings to which this Part applies.
Compare: 1908 No 89 Schedule 2 r 134G 13.8 (as substituted by 2008 No 90 s 8) 13.9 Possession order (1) Once 3 months have elapsed after the date on which a judg- 30 ment is given in a proceeding to which this Part applies, a pos- session order to enforce the judgment may issue only with the leave of the court.
612 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 13—continued (2) An application for leave under subclause (1) may be made without notice unless a Judge otherwise directs.

Compare: 1908 No 89 Schedule 2 r 134H 13.9 (as substituted by 2008 No 90 s 8) Part 14 Costs Subpart 1—Costs generally 14.1 Costs at discretion of court (1) All matters are at the discretion of the court if they relate to of a proceeding; or incidental to a proceeding; or of a step in a proceeding.
costs— (a) (b) (c) Rules 14.2 to 14.10 are subject to subclause (1).

The provisions of any Act override subclauses (1) and (2).
Compare: 1908 No 89 Schedule 2 r 46 14.1 (as substituted by 2008 No 90 s 8) (2) (3) 14.2 Principles applying to determination of costs 5 10 15 The following general principles apply to the determination of costs: (a) the party who fails with respect to a proceeding or an 20 interlocutory application should pay costs to the party who succeeds: an award of costs should reflect the complexity and sig- nificance of the proceeding: costs should be assessed by applying the appropriate 25 daily recovery rate to the time considered reasonable for each step reasonably required in relation to the pro- ceeding or interlocutory application: an appropriate daily recovery rate should normally be two-thirds of the daily rate considered reasonable in re- 30 lation to the proceeding or interlocutory application: what is an appropriate daily recovery rate and what is a reasonable time should not depend on the skill or ex- (b) (c) (d) (e) 613 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 14—continued Subpart 1—continued perience of the solicitor or counsel involved or on the time actually spent by the solicitor or counsel involved or on the costs actually incurred by the party claiming costs: an award of costs should not exceed the costs incurred 5 by the party claiming costs: so far as possible the determination of costs should be predictable and expeditious.
(f) (g) Compare: 1908 No 89 Schedule 2 r 47 14.2 (as substituted by 2008 No 90 s 8) 14.3 Categorisation of proceedings (1) For the purposes of rule 14.2(b), proceedings must be classi- fied as falling within one of the following categories: 10 Category 1 proceedings Category 2 proceedings Category 3 proceedings Proceedings of a straightforward nature able to be conducted by counsel considered junior in the High Court Proceedings of average complexity requiring counsel of skill and ex- perience considered average in the High Court Proceedings that because of their complexity or significance require counsel to have special skill and experience in the High Court (2) The court may at any time determine in advance a proceeding’s category, which applies to all subsequent determinations of costs in the proceeding, unless there are special reasons to the 15 contrary.
Compare: 1908 No 89 Schedule 2 r 48 14.3 (as substituted by 2008 No 90 s 8) 14.4 Appropriate daily recovery rates For the purposes of rule 14.2(c), the appropriate daily recovery rates for the categories referred to in rule 14.3— are the rates specified in Schedule 2; and (a) 20 614 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 14—continued Subpart 1—continued (b) must be applied to those categories.
Compare: 1908 No 89 Schedule 2 r 48A 14.4 (as substituted by 2008 No 90 s 8) 14.5 Determination of reasonable time (1) For the purposes of rule 14.2(c), a reasonable time for a step is— (a) (b) the time specified for it in Schedule 3; or a time determined by analogy with that schedule, if Schedule 3 does not apply; or the time assessed as likely to be required for the particu- lar step, if no analogy can usefully be made.
(2) A determination of what is a reasonable time for a step under (c) 5 10 subclause (1) must be made by reference— (a) to band A, if a comparatively small amount of time is considered reasonable; or to band B, if a normal amount of time is considered 15 reasonable; or to band C, if a comparatively large amount of time for the particular step is considered reasonable.
(b) (c) Compare: 1908 No 89 Schedule 2 r 48B 14.5 (as substituted by 2008 No 90 s 8) 14.6 Increased costs and indemnity costs (1) Despite rules 14.2 to 14.5, the court may make an order— 20 (a) (b) increasing costs otherwise payable under those rules (increased costs); or that the costs payable are the actual costs, disburse- ments, and witness expenses reasonably incurred by a 25 party (indemnity costs).

The court may make the order at any stage of a proceeding and in relation to any step in it.
The court may order a party to pay increased costs if— (a) the nature of the proceeding or the step in it is such 30 that the time required by the party claiming costs would substantially exceed the time allocated under band C; or (2) (3) 615 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 14—continued Subpart 1—continued (b) the party opposing costs has contributed unnecessarily to the time or expense of the proceeding or step in it by— (i) (ii) (iii) (iv) (v) 5 failing to comply with these rules or with a direc- tion of the court; or taking or pursuing an unnecessary step or an ar- gument that lacks merit; or failing, without reasonable justification, to admit facts, evidence, documents, or accept a legal ar- gument; or failing, without reasonable justification, to com- ply with an order for discovery, a notice for fur- ther particulars, a notice for interrogatories, or other similar requirement under these rules; or failing, without reasonable justification, to accept 15 an offer of settlement whether in the form of an offer under rule 14.10 or some other offer to settle or dispose of the proceeding; or 10 (c) (d) the proceeding is of general importance to persons other than just the parties and it was reasonably necessary for 20 the party claiming costs to bring it or participate in it in the interests of those affected; or some other reason exists which justifies the court mak- ing an order for increased costs despite the principle that the determination of costs should be predictable and ex- 25 peditious.
The court may order a party to pay indemnity costs if— (a) the party has acted vexatiously, frivolously, improperly, or unnecessarily in commencing, continuing, or defend- ing a proceeding or a step in a proceeding; or the party has ignored or disobeyed an order or direction of the court or breached an undertaking given to the court or another party; or costs are payable from a fund, the party claiming costs is a necessary party to the proceeding affecting the fund, 35 30 (b) (c) (4) 616 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 14—continued Subpart 1—continued (d) (e) (f) and the party claiming costs has acted reasonably in the proceeding; or the person in whose favour the order of costs is made was not a party to the proceeding and has acted reason- ably in relation to it; or the party claiming costs is entitled to indemnity costs under a contract or deed; or some other reason exists which justifies the court mak- ing an order for indemnity costs despite the principle that the determination of costs should be predictable and 10 expeditious.
5 Compare: 1908 No 89 Schedule 2 r 48C 14.6 (as substituted by 2008 No 90 s 8) 14.7 Refusal of, or reduction in, costs Despite rules 14.2 to 14.5, the court may refuse to make an order for costs or may reduce the costs otherwise payable 15 under those rules if— (a) 20 the nature of the proceeding or the step in a proceeding is such that the time required by the party claiming costs would be substantially less than the time allocated under band A; or the property or interests at stake in the proceeding were of exceptionally low value; or the issues at stake were of little significance; or although the party claiming costs has succeeded overall, that party has failed in relation to a cause of action or 25 issue which significantly increased the costs of the party opposing costs; or the proceeding concerned a matter of public interest, and the party opposing costs acted reasonably in the conduct of the proceeding; or the party claiming costs has contributed unnecessarily to the time or expense of the proceeding or step in it by— 30 (b) (c) (d) (e) (f) 617 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 14—continued Subpart 1—continued (i) (ii) (iii) (iv) (v) failing to comply with these rules or a direction of the court; or taking or pursuing an unnecessary step or an ar- gument that lacks merit; or failing, without reasonable justification, to admit 5 facts, evidence, or documents, or accept a legal argument; or failing, without reasonable justification, to com- ply with an order for
 discovery, a notice for fur- ther particulars, a notice for interrogatories, or 10 other similar requirement under these rules; or failing, without reasonable justification, to accept an offer of settlement whether in the form of an offer under rule 14.10 or some other offer to settle or dispose of the proceeding; or 15 (g) some other reason exists which justifies the court refus- ing costs or reducing costs despite the principle that the determination of costs should be predictable and expe- ditious.
Compare: 1908 No 89 Schedule 2 r 48D 14.7 (as substituted by 2008 No 90 s 8) 20 14.8 Costs on interlocutory applications (1) Costs on an opposed interlocutory application, unless there are special reasons to the contrary,— (a) must be fixed in accordance with these rules when the application is determined; and become payable when they are fixed.
(b) (2) Despite subclause (1), the court may reverse, discharge, or vary an order for costs on an interlocutory application if satis- fied subsequently that the original order should not have been made.

This rule does not apply to an application for summary judg- ment.
Compare: 1908 No 89 Schedule 2 r 48E 14.8 (as substituted by 2008 No 90 s 8) (3) 25 30 618 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 14—continued Subpart 1—continued 14.9 Costs may be determined by different Judge or Associate Judge Costs may be determined by a Judge or an Associate Judge other than the one who heard the matter to which the costs relate, if he or she is not available conveniently to make the 5 determination.
Compare: 1908 No 89 Schedule 2 r 48F 14.9 (as substituted by 2008 No 90 s 8) 14.10 Written offers without prejudice except as to costs (1) A party to a proceeding may make a written offer to another party at any time that— (a) is expressly stated to be without prejudice except as to costs; and relates to an issue in the proceeding.

(b) The fact that the offer has been made must not be communi- cated to the court until the question of costs is to be decided.
Compare: 1908 No 89 Schedule 2 r 48G 14.10 (as substituted by 2008 No 90 s 8) (2) 14.11 Effect on costs (1) (2) (3) The effect (if any) that the making of an offer under rule 14.10 has on the question of costs is at the discretion of the court.

Subclauses (3) and (4)— (a) (b) (c) are subject to subclause (1); and do not limit rule 14.6 or 14.7; and apply to an offer made under rule 14.10 by a party to a proceeding (party A) to another party to it (party B).
Party A is entitled to costs on the steps taken in the proceeding after the offer is made, if party A— (a) offers a sum of money to party B that exceeds the amount of a judgment obtained by party B against party A; or (b) makes an offer that would have been more beneficial to party B than the judgment obtained by party B against party A.
619 10 15 20 25 30 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 14—continued Subpart 1—continued (4) The offer may be taken into account, if party A makes an offer that— (a) does not fall within paragraph (a) or (b) of subclause (3); and is close to the value or benefit of the judgment obtained 5 by party B.
(b) Compare: 1908 No 89 Schedule 2 r 48GA 14.11 (as substituted by 2008 No 90 s 8) 14.12 Disbursements (1) (b) 10 15 In this rule,— disbursement, in relation to a proceeding,— (a) means an expense paid or incurred for the purposes of the proceeding that would ordinarily be charged for sep- arately from legal professional services in a solicitor’s bill of costs; and includes— (i) (ii) fees of court for the proceeding: expenses of serving documents for the purposes of the proceeding: expenses of photocopying documents required 20 by these rules or by a direction of the court: expenses of conducting a conference by tele- phone or video link; but does not include counsel’s fee.
(c) relevant issue, in relation to a disbursement, means the issue 25 in respect of which the disbursement was paid or incurred.
(iii) (iv) (2) A disbursement must, if claimed and verified, be included in the costs awarded for a proceeding to the extent that it is— (a) of a class that is either— (i) approved by the court for the purposes of the 30 proceeding; or specified in paragraph (b) of subclause (1); and (ii) specific to the conduct of the proceeding; and (b) 620 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 14—continued Subpart 1—continued (c) (d) reasonably necessary for the conduct of the proceeding; and reasonable in amount.
(3) Despite subclause (2), a disbursement may be disallowed or reduced if it is disproportionate in the circumstances of the 5 proceeding.

(4) A Judge or an Associate Judge may direct a Registrar to exer- cise the powers of the court under subclause (2) or (3).
(5) When considering whether a disbursement paid or payable for an expert witness’s fee or expenses is reasonable for the 10 purposes of subclause (2)(d), a Judge or an Associate Judge may— (a) call for a report or an assessment from a professional organisation or otherwise; and (b) make any incidental order considered just, including an 15 order as to the cost of that report or assessment.
Compare: 1908 No 89 Schedule 2 r 48H 14.12 (as substituted by 2008 No 90 s 8) 14.13 Proceedings within jurisdiction of District Court Costs ordered to be paid to a successful plaintiff must not ex- 20 ceed the costs and disbursements that the plaintiff would have recovered in the District Court if the proceeding could have been brought there, unless the court otherwise directs.
Compare: 1908 No 89 Schedule 2 r 49 14.13 (as substituted by 2008 No 90 s 8) 14.14 Joint and several liability for costs 25 The liability of each of 2 or more parties ordered to pay costs is joint and several, unless the court otherwise directs.
Compare: 1908 No 89 Schedule 2 r 50 14.14 (as substituted by 2008 No 90 s 8) 14.15 Defendants defending separately The court must not allow more than 1 set of costs, unless it 30 appears to the court that there is good reason to do so, if— 621 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 14—continued Subpart 1—continued (a) (b) several defendants defended a proceeding separately; and it appears to the court that all or some of them could have joined in their defence.
Compare: 1908 No 89 Schedule 2 r 51 14.15 (as substituted by 2008 No 90 s 8) 5 14.16 Claim and counterclaim both established The court must award costs as if each party had succeeded in an independent proceeding, unless, in the court’s opinion, the justice of the case otherwise requires, if— (a) (b) Compare: 1908 No 89 Schedule 2 r 52 14.16 (as substituted by 2008 No 90 s 8) the plaintiff succeeds in his or her proceeding; and the defendant succeeds in a counterclaim.
10 14.17 Set-off if costs allowed to both parties If opposite parties are awarded costs against each other, their respective costs must be set off and the lesser sum must be 15 deducted from the greater, unless the court otherwise directs.
Compare: 1908 No 89 Schedule 2 r 53 14.17 (as substituted by 2008 No 90 s 8) Subpart 2—Taxation of costs between parties 14.18 Appointment to tax costs (1) Any party entitled to costs subject to taxation may obtain from 20 (2) the Registrar an appointment for taxation of the costs.
The party entitled to the costs must serve a copy of the ap- pointment on the party liable to pay the costs at least 2 work- ing days before the day appointed if the party liable to pay the costs has given an address for service.

Compare: 1908 No 89 Schedule 2 r 54 14.18 (as substituted by 2008 No 90 s 8) 25 14.19 Taxation of disbursements (1) On taxation, all disbursements claimed must be proved to the satisfaction of the Registrar.
622 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 14—continued Subpart 2—continued (2) Only disbursements that may be included in an award of costs under rule 14.12(2) may be claimed under subclause (1).

Compare: 1908 No 89 Schedule 2 r 55 14.19 (as substituted by 2008 No 90 s 8) 14.20 No charge allowed for bill of costs No charge is allowed on taxation for the preparation or service 5 of the bill of costs or of any copy of it.
Compare: 1908 No 89 Schedule 2 r 56 14.20 (as substituted by 2008 No 90 s 8) 14.21 Registrar sole judge of questions of fact The Registrar is the sole judge of all questions of fact that may arise on taxation, and his or her decision is final.
Compare: 1908 No 89 Schedule 2 r 57 14.21 (as substituted by 2008 No 90 s 8) 10 14.22 Direction to Registrar to ascertain expenses Without ordering taxation of costs, the court may direct the Registrar to ascertain what amount should be allowed in re- spect of witnesses’ expenses and other disbursements to a 15 party to whom costs are awarded.
Compare: 1908 No 89 Schedule 2 r 58 14.22 (as substituted by 2008 No 90 s 8) 14.23 Review of taxation The court may, on the application of a party dissatisfied with the Registrar’s decision, refer a matter back to the Registrar 20 with any necessary directions, or may itself make any amend- ments that appear necessary, if— (a) the Registrar has ascertained or fixed the amount of costs or disbursements or the head under which costs are allowed; and the Registrar’s actions referred to in paragraph (a) were done under these rules or by a direction of the court; and it appears that the Registrar acted erroneously as to amount or principle.
(b) (c) 25 Compare: 1908 No 89 Schedule 2 r 59 14.23 (as substituted by 2008 No 90 s 8) 30 623 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 15 Disposal other than by trial Subpart 1—Dismissal or stay without trial 15.1 Dismissing or staying all or part of proceeding (1) 5 The court may strike out all or part of a pleading if it— (a) discloses no reasonably arguable cause of action, de- fence, or case appropriate to the nature of the pleading; or is likely to cause prejudice or delay; or (b) is frivolous or vexatious; or (c) (d) is otherwise an abuse of the process of the court.
If the court strikes out a statement of claim or a counterclaim under subclause (1), it may by the same or a subsequent order dismiss the proceeding or the counterclaim.

Instead of striking out all or part of a pleading under subclause 15 (1), the court may stay all or part of the proceeding on such conditions as are considered just.

This rule does not affect the court’s inherent jurisdiction.
Compare: 1908 No 89 Schedule 2 rr 186, 477 r 15.1 (as substituted by 2008 No 90 s 8) 10 20 (2) (3) (4) 15.2 Dismissal for want of prosecution Any opposite party may apply to have all or part of a proceed- ing or counterclaim dismissed or stayed, and the court may make such order as it thinks just, if— (a) the plaintiff fails to prosecute all or part of the plaintiff’s 25 proceeding to trial and judgment; or the defendant fails to prosecute all or part of the defen- dant’s counterclaim to trial and judgment.
(b) Compare: 1908 No 89 Schedule 2 r 478 15.2 (as substituted by 2008 No 90 s 8) Subpart 2—Judgment by default 30 15.3 Application where appearance (1) If the defendant has filed an appearance under rule 5.49, rules 15.7 and 15.8 do not apply.

624 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 15—continued Subpart 2—continued (2) If the defendant has filed an appearance under rule 5.50 or 5.51, rules 15.7 and 15.8 apply subject to that appearance.
Compare: 1908 No 89 Schedule 2 r 15.3 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 15.4 Affidavits to be filed 5 Before judgment by default can be sealed, there must be filed— (a) an affidavit of service of the statement of claim and no- tice of proceeding; and if the statement of claim and notice of proceeding have 10 not been served personally on the defendant or on a solicitor accepting service on the defendant’s behalf, an affidavit verifying the statement of claim.
(b) Compare: 1908 No 89 Schedule 2 r 15.4 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 15 15.5 When several causes of action The plaintiff may proceed separately under rule 15.7 or 15.8 in respect of each cause of action to which no pleading by way of defence in a statement of defence has been filed.
Compare: 1908 No 89 Schedule 2 r 15.5 prior to 1 February 2013 (as substituted 20 by 2008 No 90 s 8) 15.6 When several defendants The plaintiff may proceed against any 1 or more defendants under rule 15.7 or 15.8 and may, despite any judgment given under those rules, continue the proceeding against any other 25 defendant against whom the cause of action subsists.
Compare: 1908 No 89 Schedule 2 r 15.6 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 15.7 Liquidated demand (1) If the relief claimed by the plaintiff is payment of a liquidated 30 demand in money and the defendant does not file a statement of defence within the number of working days required by 625 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 15—continued Subpart 2—continued the notice of proceeding, the plaintiff may seal judgment in accordance with this rule for a sum not exceeding the sum claimed in the statement of claim and— (a) interest (if any) payable as of right calculated up to the date of judgment (if interest has been specifically 5 claimed in the statement of claim); and (b) costs and disbursements as fixed by the Registrar.
If the plaintiff claims costs and disbursements, the plaintiff must file a memorandum setting out the amount claimed and how that amount is calculated, together with any submissions 10 in support of the claim.

(2) (3) A Judge or a Registrar may authorise the sealing of a judgment under subclause (1) if satisfied that the relief claimed by the plaintiff falls within this rule.
(4) A Registrar has the jurisdiction and powers of the court under 15 these rules to fix costs and disbursements under subclause (1)(b).
For the purpose of this rule and rule 15.9, liquidated demand means a sum that— (a) (5) has been quantified in, or can be precisely calculated on 20 the basis of, a contract relied on by the plaintiff; or has been determined by agreement, mediation, arbitra- tion, or previous litigation between the same parties; or is a reasonable price for goods supplied or services ren- dered (when no contract quantifies the price).
25 (b) (c) Compare: 1908 No 89 Schedule 2 r 15.7 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 15.8 Recovery of land or chattels (1) If the relief claimed by the plaintiff is the recovery of land or chattels and the defendant does not file a statement of defence 30 within the number of working days required by the notice of proceeding, the plaintiff may seal judgment that the person whose title is asserted in the statement of claim recover pos- 626 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 15—continued Subpart 2—continued session of the land or the chattels together with costs and dis- bursements as fixed by the Registrar.
(2) A Registrar has the jurisdiction and powers of the court under these rules to fix costs and disbursements.

Compare: 1908 No 89 Schedule 2 rr 15.8, 15.9 prior to 1 February 2013 (as 5 substituted by 2008 No 90 s 8) 15.9 Formal proof for other claims (1) This rule applies if, or to the extent that, the defendant does not file a statement of defence within the number of working days required by the notice of proceeding, and the plaintiff seeks 10 judgment by default for other than a liquidated demand.
The proceeding must be listed for formal proof and no notice is required to be given to the defendant.

(2) (3) After a proceeding is listed for a formal proof hearing, no state- (4) (5) ment of defence may be filed without the leave of a Judge 15 granted on the ground that there will or may be a miscarriage of justice if judgment by default is entered, and on such terms as to time or otherwise as the Judge thinks just.
The plaintiff must, before or at the formal proof hearing, file affidavit evidence establishing, to a Judge’s satisfaction, each 20 cause of action relied on and, if damages are sought, providing sufficient information to enable the Judge to calculate and fix the damages.
If the Judge before or at the formal proof hearing considers that any deponent of an affidavit filed under subclause (4) should 25 attend to give additional evidence, the Judge may direct ac- cordingly and adjourn the hearing for that purpose.
Compare: 1908 No 89 Schedule 2 rr 15.10, 15.11, 15.12 prior to 1 February 2013 (as substituted by 2008 No 90 s 8) 15.10 Judgment may be set aside or varied 30 Any judgment obtained by default under rule 15.7, 15.8, or 15.9 may be set aside or varied by the court on such terms as 627 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 15—continued Subpart 2—continued it thinks just, if it appears to the court that there has been, or may have been, a miscarriage of justice.
Compare: 1908 No 89 Schedule 2 r 15.13 prior to 1 February 2013 (as substi- tuted by 2008 No 90 s 8) 5 (2) 15.11 Overseas service cases (1) When a document has been served on a party outside New Zealand under rule 6.27 and that party has not appeared, judg- ment by default against that party must not be sealed without the leave of the court.
Leave must not be granted unless the court is satisfied that— 10 the party applying for leave was entitled to effect service (a) without leave under rule 6.27; and there is no reason to believe that the service was ef- fected, or may have been effected, contrary to the law of the country concerned relating to the method of serving 15 documents in domestic actions on persons in that coun- try; and the service was effected in sufficient time to enable that party to appear.
(b) (c) Compare: 1908 No 89 Schedule 2 r 15.14 prior to 1 February 2013 (as substi- 20 tuted by 2008 No 90 s 8) 15.12 Other proceeding [revoked] 15.13 Judgment may be set aside [revoked] 15.14 Overseas service cases [revoked] 628 25 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 15—continued Subpart 3—Judgment on admission 15.15 Judgment on admission of facts (1) If a party admits facts (in the party’s pleadings or otherwise), any other party to the proceeding may apply to the court for any judgment or order upon those admissions the other party 5 may be entitled to, without waiting for the determination of any other question between the parties, and the court may give any judgment or order on the application as it thinks just.
This rule is not affected by rules 15.16 and 15.17.

Compare: 1908 No 89 Schedule 2 r 292 15.15 (as substituted by 2008 No 90 s 8) 10 (2) 15.16 Admission of cause of action (1) At any time after a party has been served with a notice of proceeding, that party may file and serve (separately from the party’s pleadings) an admission of all, some, or part of the al- leged causes of action on all other parties to the proceeding.

(2) An admission can be withdrawn only with the leave of the 15 court.
(3) When an admission is filed and served under subclause (1), a party on whom the admission is served may seal judgment on the cause of action admitted, without prejudice to that party’s 20 right (if any) to proceed on any other cause of action.

(4) An admission under subclause (1) relating to any cause of ac- tion in which a sum of money is claimed must state the exact amount admitted.
(5) Any judgment entered on an admission filed and served under 25 subclause (1) may, upon application, be set aside by the court if— (a) the plaintiff, being under a duty or obligation to the de- fendant not to enter judgment on the admission, acted contrary to that duty or obligation in entering judgment; 30 or the plaintiff, in entering judgment, acted fraudulently, unconscionably, or in wilful or reckless disregard of the defendant’s rights.
(b) 629 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 15—continued Subpart 3—continued (6) Upon an application under subclause (5), the court may direct that a proceeding be brought to determine whether judgment was wrongfully entered.

This rule does not affect rule 8.48.


Compare: 1908 No 89 Schedule 2 rr 471, 473 r 15.16 (as substituted by 2008 5 No 90 s 8) (7) (2) 15.17 Admission of defence (1) When a party’s original or amended statement of defence al- leges any ground of defence that goes to the whole of any cause of action alleged by the other party, the other party may file 10 and serve an admission of that ground of defence.
If the admitted ground of defence arose after the filing of the pleading containing the cause of action to which it refers, the party filing and serving the admission is entitled to an order for that party’s costs in respect of the cause of action to which 15 the admission applies, up to the time of filing the statement of defence, unless the court otherwise orders.
Subject to subclause (2), a party on whom an admission has been served under subclause (1) may at any time afterwards seal judgment upon the cause of action to which the admission 20 relates.

This rule does not affect rule 8.48.


Compare: 1908 No 89 Schedule 2 rr 472, 473 r 15.17 (as substituted by 2008 No 90 s 8) (3) (4) Subpart 4—Discontinuance 25 15.18 Interpretation For the purposes of rules 15.19 to 15.25, a reference to dis- continuing a proceeding means discontinuing a proceeding against 1 or more defendants.
Compare: 1908 No 89 Schedule 2 r 474 15.18 (as substituted by 2008 No 90 s 8) 30 630 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 15—continued Subpart 4—continued 15.19 Right to discontinue proceeding (1) At any time before the giving of judgment or a verdict, a plain- tiff may discontinue a proceeding by— (a) filing a notice of discontinuance and serving a copy of the notice on every other party to the proceeding; or orally advising the court at the hearing that the proceed- ing is discontinued.
5 (b) (2) A notice of discontinuance under subclause (1)(a) must be in (3) form G 24.

This rule is subject to rule 15.20.
Compare: 1908 No 89 Schedule 2 r 475 15.19 (as substituted by 2008 No 90 s 8) 10 15.20 Restrictions on right to discontinue proceeding (1) A plaintiff may discontinue a proceeding only with the leave of the court if— (a) the court— (i) has granted an interim injunction; or (ii) made an interim order under rule 30.4; or (iii) made an interim order under section 435 of the Judicature Modernisation Act 2013; or 15 (b) a party to the proceeding has given an undertaking to 20 the court.
(2) A plaintiff to whom an interim payment has been made, whether voluntarily or under an order made under rule 7.70 or 7.71, may discontinue the proceeding only with the written consent of the party by whom the payment was made or with 25 the leave of the court.

(3) A plaintiff may discontinue a proceeding in which there is more than 1 plaintiff only with the consent of every other plain- tiff or with the leave of the court.
If the plaintiff files a notice of discontinuance under rule 15.19(1)(a), the consent of every 30 other plaintiff must be in writing.

If there is more than 1 defendant in a proceeding, a plaintiff may discontinue a proceeding against a particular defendant only with the consent of every other defendant or with the (4) 631 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 15—continued Subpart 4—continued leave of the court.
If the plaintiff files a notice of discontinu- ance under rule 15.19(1)(a), the consent of every other defen- dant must be in writing.
Compare: 1908 No 89 Schedule 2 r 476 15.20 (as substituted by 2008 No 90 s 8) 15.21 Effect of discontinuance (1) A proceeding ends against a defendant or defendants on— 5 (a) (b) the filing and service of a notice of discontinuance under rule 15.19(1)(a); or the giving of oral advice of the discontinuance at the hearing under rule 15.19(1)(b); or the making of an order under rule 15.20.

(c) The discontinuance of a proceeding does not affect the deter- mination of costs.

Rule 15.22 overrides this rule.


Compare: 1908 No 89 Schedule 2 r 476A 15.21 (as substituted by 2008 No 90 15 s 8) 10 (2) (3) 15.22 Court may set discontinuance aside (1) The court may, on the application of a defendant against whom a proceeding is discontinued, make an order setting the dis- continuance aside if it is satisfied that the discontinuance is an 20 abuse of the process of the court.
(2) An application under subclause (1) must be made within 25 working days after discontinuance under rule 15.19.

Compare: 1908 No 89 Schedule 2 r 476B 15.22 (as substituted by 2008 No 90 s 8) 25 15.23 Costs Unless the defendant otherwise agrees or the court otherwise orders, a plaintiff who discontinues a proceeding against a de- fendant must pay costs to the defendant of and incidental to the proceeding up to and including the discontinuance.
Compare: 1908 No 89 Schedule 2 r 476C 15.23 (as substituted by 2008 No 90 s 8) 30 632 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 15—continued Subpart 4—continued 15.24 Restriction on subsequent proceedings A plaintiff who discontinues a proceeding (proceeding A) against a defendant may not commence another proceeding (proceeding B) against the defendant if proceeding B arises out of facts that are the same or substantially the same as those 5 relating to proceeding A, unless the plaintiff has paid any costs ordered to be paid to the defendant under rule 15.23 relating to proceeding A.
Compare: 1908 No 89 Schedule 2 r 476D 15.24 (as substituted by 2008 No 90 s 8) 10 15.25 Certain remedies not affected If a plaintiff discontinues a proceeding in which a defendant has issued a third party notice under rules 4.9 to 4.17 or has filed a notice under rules 4.18 to 4.21, the discontinuance does not affect the continuation of the proceeding in relation to the 15 third party notice or the notice filed under rules 4.18 to 4.21.
Compare: 1908 No 89 Schedule 2 r 476E 15.25 (as substituted by 2008 No 90 s 8) Part 16 Accounts and inquiries 20 16.1 Interpretation In this Part,— account-taker has the meaning set out in rule 16.6 accounting party means— (a) the party required by an order for the taking of an ac- 25 count to account to the other party; and in a case coming within rule 16.5, each party.
(b) Compare: 1908 No 89 Schedule 2 r 390 16.1 (as substituted by 2008 No 90 s 8) 633 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 16—continued 16.2 Orders for accounts and inquiries The court may, on the application of any party, before, at, or after the trial of a proceeding, order an account or an inquiry, whether or not it has been claimed in that party’s pleading.
Compare: 1908 No 89 Schedule 2 r 384 16.2 (as substituted by 2008 No 90 s 8) 5 16.3 Directions (1) At the time of ordering an account or an inquiry, or at another time, the court may— (a) give directions or further directions about the account or inquiry: order additional accounts or inquiries: direct that the relevant books of account are prima facie evidence of the truth of the matters contained in them.

(2) An order or direction under subclause (1) overrides rules 16.6 (b) (c) 10 to 16.21.
Compare: 1908 No 89 Schedule 2 r 385 16.3 (as substituted by 2008 No 90 s 8) 15 16.4 Summary order for accounts (1) If a party’s pleading claims an account or makes a claim that involves taking an account, the court may, on application by that party at any stage of the proceeding, order— (a) (b) an account; and that any amount certified on the account as due to any party be paid to that party.
20 The court must not make an order under subclause (1)— (a) if there is some preliminary question to be determined; 25 or against a defendant who has not filed a statement of de- fence or an appearance, until the time for filing a state- ment of defence has expired.
(b) Compare: 1908 No 89 Schedule 2 r 386 16.4 (as substituted by 2008 No 90 s 8) 30 (2) 634 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 16—continued 16.5 Mutual accounts (1) The court may order that each party account to the other if it considers that each is accountable to the other because of— (a) (b) (c) the relationship between the parties; or their course of dealing; or any other reason.
(2) At the time of making an order under subclause (1), or at any time afterwards, the court may direct— (a) that the result of the account be certified as the net bal- ance found to be due to 1 party; or that the certificate show the amounts found to be due to each party.

(b) (3) An order under this rule overrides rules 16.6 to 16.21.
Compare: 1908 No 89 Schedule 2 r 387 16.5 (as substituted by 2008 No 90 s 8) 16.6 Account-taker (1) The court may order accounts to be taken before an account- taker who may be— (a) (b) (c) the Registrar; or an accountant; or the Registrar and an accountant.

5 10 15 20 (2) Unless otherwise ordered, an accountant who takes an account must be a chartered accountant in public practice who is a member of the New Zealand Institute of Chartered Account- ants.
Compare: 1908 No 89 Schedule 2 r 388 16.6 (as substituted by 2008 No 90 s 8) 25 16.7 Direction as to evidence The court may direct that any evidence relevant to the account be given to the account-taker, with any incidental order the court thinks just.
Compare: 1908 No 89 Schedule 2 r 16.7 (as substituted by 2008 No 90 s 8) 30 635 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 16—continued 16.8 Remuneration of accountant (1) The court must fix the remuneration of an accountant who is an account-taker.
The order doing so may cover incidental matters including (for example) 1 or more of the following: (a) that the remuneration be paid by 1 or more of the parties 5 in any proportions: that 1 or more of the parties give security for the re- muneration of the accountant, on terms the court thinks just.

(b) (2) Subclause (1) does not limit the court’s power to make an order 10 providing for the payment of the remuneration as part of the costs of the proceeding.
Compare: 1908 No 89 Schedule 2 r 389 16.8 (as substituted by 2008 No 90 s 8) 16.9 Form and verification of account (1) The items on each side of an account must be numbered con- 15 secutively.

(2) An accounting party must verify the account by affidavit, and must attach the account as an exhibit.
Compare: 1908 No 89 Schedule 2 r 391 16.9 (as substituted by 2008 No 90 s 8) 16.10 Filing and service of account Within 10 working days after the order to account has been served on an accounting party, that party must— file the account and verifying affidavit; and (a) serve a copy of the account and verifying affidavit on (b) each other party.
Compare: 1908 No 89 Schedule 2 r 392 16.10 (as substituted by 2008 No 90 s 8) 20 25 16.11 Notice of receipt that is not admitted A party who alleges an accounting party has received an amount that is not admitted in the accounting party’s account must, within 10 working days after being served with the ac- 30 636 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 16—continued count, notify the accounting party of the allegation, stating (as far as possible) the amount and brief particulars.
Compare: 1908 No 89 Schedule 2 r 393 16.11 (as substituted by 2008 No 90 s 8) 16.12 Notice of error A party who alleges that any item in an accounting party’s 5 account is erroneous in amount or otherwise must, within 10 working days after being served with the account, notify the accounting party of the allegation, stating the grounds for al- leging the error.
Compare: 1908 No 89 Schedule 2 r 394 16.12 (as substituted by 2008 No 90 s 8) 10 16.13 Admission of items Except to the extent shown in a notice given under rule 16.11 or 16.12, all items in the account must be treated as correct.
Compare: 1908 No 89 Schedule 2 r 395 16.13 (as substituted by 2008 No 90 s 8) 16.14 Appointment and notice for taking accounts As soon as possible after the accounting party has filed the account, the account-taker must— (a) appoint a time (no less than 15 working days after the filing date) and a place for taking the account (the ac- count hearing); and give notice of that time and place to the parties no less than 5 working days before the account hearing date.
(b) Compare: 1908 No 89 Schedule 2 r 396 16.14 (as substituted by 2008 No 90 s 8) 15 20 16.15 Parties to attend account hearing (1) The parties or their solicitors or counsel must attend the ac- 25 count hearing.

If the account-taker is satisfied that notice of the time and place has been given and received, the account-taker may proceed with the account hearing, even if any party is absent.
Compare: 1908 No 89 Schedule 2 r 397 16.15 (as substituted by 2008 No 90 s 8) 30 (2) 637 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 16—continued 16.16 Adjournment of account hearing The account-taker may adjourn the time and place of the ac- count hearing as necessary or expedient.

Compare: 1908 No 89 Schedule 2 r 398 16.16 (as substituted by 2008 No 90 s 8) 16.17 Power of summary decision (1) The account-taker may decide all disputed items of account summarily.
(2) Despite subclause (1),— (a) (b) any party; or the account-taker; and any item may be referred for the decision of the court by— (i) (ii) all items of account in respect of which the Registrar and an accountant disagree must be referred for the de- cision of the court.
Compare: 1908 No 89 Schedule 2 r 399 16.17 (as substituted by 2008 No 90 s 8) 5 10 15 16.18 Examination of accounting party If an item has been referred to the court under rule 16.17(2), the court may, on the application of a party who has given a notice under rule 16.11 or 16.12, order that the accounting 20 party appear before the court to be examined orally about the disputed item of account.
Compare: 1908 No 89 Schedule 2 r 400 16.18 (as substituted by 2008 No 90 s 8) 16.19 Production of documents The accounting party must, when required by written notice, 25 produce all invoices, statements of account, receipts, and any other documents in that party’s possession or power relating to any disputed item of account specified in the notice at— (a) (b) the taking of the account; or the examination of the accounting party under rule 30 16.18.
Compare: 1908 No 89 Schedule 2 r 401 16.19 (as substituted by 2008 No 90 s 8) 638 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 16—continued 16.20 Interest on debts of deceased person A court ordering an account of the debts of a deceased person may order— (a) (b) which debts carry interest; and the date from which the debts carry interest (for ex- 5 ample, from the date of the order); and the rate of interest for each debt, which may be— (i) (c) the rate prescribed by the instrument or instru- ments creating the debt or debts; or if no rate is so prescribed, the rate prescribed for 10 the purposes of section 452(2) of the Judi- cature Modernisation Act 2013 or any lower rate.
(ii) Compare: 1908 No 89 Schedule 2 r 402 16.20 (as substituted by 2008 No 90 s 8) 16.21 Interest on legacies A court ordering an account of legacies may order interest to be paid— (a) at the rate prescribed by or under section 39 of the Ad- ministration Act 1969 from the end of 1 year after the death of the deceased; or at any rate of interest and time of payment directed by the will.
(b) 15 20 Compare: 1908 No 89 Schedule 2 r 403 16.21 (as substituted by 2008 No 90 s 8) 16.22 Accounting and estimates (1) Any amount which has been paid or credited must be brought 25 (2) into account.

If there is no material before the account-taker which enables an amount to be ascertained with certainty, the account-taker may estimate the amount which in all the circumstances should reasonably be included.
Compare: 1908 No 89 Schedule 2 r 404 16.22 (as substituted by 2008 No 90 s 8) 30 639 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 16—continued 16.23 Directions for inquiries The court may direct the Registrar or any other person to make inquiries (in any manner and within any time period) about— (a) (b) (c) (d) Compare: 1908 No 89 Schedule 2 r 405 16.23 (as substituted by 2008 No 90 s 8) next of kin: creditors: other claimants: any other similar matters.
5 16.24 Powers of persons taking accounts or making inquiries The account-taker or the person whom the court directs to 10 make an inquiry may— (a) (b) (c) (d) (e) issue advertisements; and summon parties and witnesses; and administer oaths; and receive affidavits and acknowledgments; and examine parties and witnesses either by interrogatories or by hearing them in person.
15 Compare: 1908 No 89 Schedule 2 r 406 16.24 (as substituted by 2008 No 90 s 8) 16.25 Duty of persons summoned to attend (1) A person must attend an account-taker or a person taking an 20 inquiry— (a) (b) in accordance with a summons; and at any other time required without a further summons.

(2) A person who fails to attend after being summoned is liable to the same extent as if he or she had disobeyed a court order.
Compare: 1908 No 89 Schedule 2 r 407 16.25 (as substituted by 2008 No 90 s 8) 25 16.26 Time for proving claims (1) The court must fix and advertise the time within which persons must prove their claims (for example, as creditors or next of kin).

30 640 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 16—continued (2) The time must not be less than 25 working days after the date on which the advertisement is first published.
Compare: 1908 No 89 Schedule 2 r 408 16.26 (as substituted by 2008 No 90 s 8) 16.27 Statement of claim to be filed A person claiming as a creditor, next of kin, or otherwise must 5 file a statement of claim verified by an affidavit.

Compare: 1908 No 89 Schedule 2 r 409 16.27 (as substituted by 2008 No 90 s 8) 16.28 Failure to claim within time (1) A person who does not prove a claim within the advertised (2) time is excluded from the benefit of the judgment or order 10 directing accounts or inquiries.
Sections 75, 76, and 76A of the Trustee Act 1956 override subclause (1).

Compare: 1908 No 89 Schedule 2 r 410 16.28 (as substituted by 2008 No 90 s 8) 16.29 Result to be certified The result of any account or inquiry must be stated in a short certificate to the court, unless the court orders the result to be recorded in a formal report.
Compare: 1908 No 89 Schedule 2 r 411 16.29 (as substituted by 2008 No 90 s 8) 16.30 Party may ask for court’s decision 15 20 At any time before the end of 10 working days after a certifi- cate or report has been completed, but before it has been signed by a Judge, any party may ask for the court’s decision on any particular point or on the result.
Compare: 1908 No 89 Schedule 2 r 413 16.30 (as substituted by 2008 No 90 s 8) 25 16.31 Certificate when approved to be signed by Judge (1) A Judge must sign a certificate or report stated or recorded under rule 16.29 when he or she has approved it.

641 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 16—continued (2) The Registrar must file the signed certificate or report in the court.
Compare: 1908 No 89 Schedule 2 r 412 16.31 (as substituted by 2008 No 90 s 8) 16.32 Effect of certificate when filed (1) A certificate or report that has been filed in the court is binding 5 (2) on all parties to the proceeding, unless discharged or varied by the court after an application made within 25 working days.

Subclause (1) does not prevent the court from re-opening a cer- tificate or report at any time on the grounds of fraud, surprise, or mistake.
Compare: 1908 No 89 Schedule 2 r 414 16.32 (as substituted by 2008 No 90 s 8) 10 16.33 Distribution before all persons entitled are ascertained The court may order the immediate payment of a party’s share to that party— (a) even if the other persons who are entitled to shares are 15 not ascertained and there is likely to be difficulty or delay in ascertaining those others; and (b) without reserving any part of the share to meet the sub- sequent costs of ascertaining those others.
Compare: 1908 No 89 Schedule 2 r 415 16.33 (as substituted by 2008 No 90 s 8) 20 16.34 Payment of share carried over to separate trust account (1) If the rights or circumstances of the parties at the time of judg- ment do not enable the court to order absolutely that payment be made to the persons entitled, the court may order any party’s share that has not become absolute to be carried over on trust 25 to a separate account.
(2) A party that becomes entitled to a share held in trust under subclause (1) may apply for payment of the share on notice to the other persons interested in the matter, and the court may order payment to that party.
Compare: 1908 No 89 Schedule 2 r 416 16.34 (as substituted by 2008 No 90 s 8) 30 642 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17 Enforcement Subpart 1—General provisions 17.1 Interpretation 5 In this Part, unless the context otherwise requires,— enforcement process includes every order referred to in rule 17.3 enforcing officer means the court officer to whom an enforce- ment process is issued, and includes any court officer who may carry out any functions, duties, or powers provided for in this 10 Part in the course of his or her employment duties entitled party means— (a) (b) a judgment creditor; or a party other than a judgment creditor entitled to relief against another party under a judgment; or a party entitled to issue a charging order because the party may obtain judgment for— (i) (ii) the payment of a sum of money; or the return of the property the party seeks to charge 15 20 (c) judgment creditor means the party entitled to enforce a judg- ment for the recovery or payment of a sum of money judgment debtor means the party liable under a judgment to return or pay a sum of money or the party whose estate, right, title, or interest in property is liable to be charged under 25 a charging order liable party means— (a) (b) a judgment debtor; or a party who is liable to another party under a judgment, though not a judgment debtor; or the party whose estate, right, title, or interest in property is liable to be charged under a charging order (c) 30 personal property has the same meaning as in section 16(1) of the Personal Property Securities Act 1999.
Compare: 1908 No 89 Schedule 2 r 545 17.1 (as substituted by 2008 No 90 s 8) 35 643 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 1—continued 17.2 Method of enforcing orders A court order, except an order made on an interlocutory appli- cation, may be enforced in the same way as a judgment in the proceeding to the same effect.
Compare: 1908 No 89 Schedule 2 r 546 17.2 (as substituted by 2008 No 90 s 8) 5 17.3 Method of enforcing judgments (1) A judgment may be enforced by 1 or more of the following enforcement processes: (a) (b) (c) (d) (e) (f) Subclause (1) is subject to the rules in this Part.

an attachment order: a charging order: a sale order: a possession order: an arrest order: a sequestration order.
(2) (3) No enforcement process may be issued until any period speci- fied in the judgment for payment or performance has expired.
Compare: 1908 No 89 Schedule 2 r 547; Civil Procedure Rules 1998 r 70.2 (UK) 17.3 (as substituted by 2008 No 90 s 8) 10 15 17.4 No excessive recovery (1) An entitled party is not entitled to recover a greater sum than the amount owing under the judgment or order, the costs and expenses of and incidental to issuing and effecting an en- forcement process, and any interest due under the judgment or order.
20 25 (2) A claim that excessive recovery has occurred, or may occur, may be resolved by the Judge on application.
Compare: 1908 No 89 Schedule 2 r 17.4 (as substituted by 2008 No 90 s 8) 17.5 No enforcement against the Crown (1) No enforcement process can be issued to enforce satisfaction 30 of any judgment, order, decree, rule, award, or declaration 644 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 1—continued given or made in any civil proceedings under the Crown Pro- ceedings Act 1950 against— the Crown; or (a) the Attorney-General; or (b) any government department; or (c) (d) any officer of the Crown.
Subclause (1) does not limit section 24 of the Crown Proceed- ings Act 1950.

Compare: 1908 No 89 Schedule 2 r 553 17.5 (as substituted by 2008 No 90 s 8) 5 (2) 17.6 Enforcement by or against non-parties (1) A non-party is entitled to the same enforcement process as a 10 party to the proceeding if— (a) (b) the non-party obtains an order; or an order is made in the non-party’s favour.
(2) A non-party is liable to the same enforcement process as a 15 party to the proceeding if— (a) (b) Compare: 1908 No 89 Schedule 2 r 554 17.6 (as substituted by 2008 No 90 s 8) a judgment is given against the non-party; or an order is made against the non-party.
17.7 Enforcement against partners or alleged partners (1) A judgment against partners sued in the name of the firm may 20 be enforced without the court’s leave— (a) (b) against any property of the partners: against any person who— (i) (c) has admitted in pleadings that he or she is a part- 25 ner; or (ii) has been held by the court to be a partner: against any person who has been served as a partner with the notice of proceeding and has failed to file and serve a statement of defence.
Subclause (1) is subject to rule 17.8.

30 (2) 645 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 1—continued (3) A judgment against partners sued in the name of the firm may be enforced against any person as a partner of that firm with the court’s leave in any case not covered by subclause (1).
(4) On an application under subclause (3), the court,— (a) (b) if liability is not disputed by the person against whom 5 the applicant claims to be entitled to issue enforcement, may grant leave; or if liability is disputed by the person against whom the applicant claims to be entitled to issue enforcement, may order that the liability of that person be tried and 10 determined as it thinks just.
Compare: 1908 No 89 Schedule 2 r 555 17.7 (as substituted by 2008 No 90 s 8) 17.8 Issuing enforcement process as of right (1) An enforcement process may be issued as of right unless leave is required under rule 17.9.

15 (2) An enforcement process is issued under subclause (1) by the entitled party, or that party’s solicitor, filing— (a) a written request that a particular enforcement process should be issued; and an affidavit stating that none of paragraphs (c) to (e) of 20 rule 17.9(2) apply.
(b) (3) The court may set aside an enforcement process issued under subclause (1) if it is satisfied that any of paragraphs (c) to (e) of rule 17.9(2) applied when the enforcement process was issued.

Compare: 1908 No 89 Schedule 2 r 556 17.8 (as substituted by 2008 No 90 s 8) 25 17.9 When leave to issue enforcement process necessary (1) The court’s leave is required before issuing an arrest order or a sequestration order.
The court’s leave is required to issue an enforcement process— (a) (b) if judgment has not been sealed; or if 6 years have elapsed since the date of the judgment (which for a judgment that is an arbitral award entered (2) 646 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 1—continued (c) (d) (e) (f) 5 as a judgment has the meaning given to it by subclause (2A)); or if any change has taken place (whether by death or otherwise) in the parties entitled or liable to enforce- ment under the judgment; or if the judgment is against the assets of a deceased per- son, enforcement is sought against those assets, and that person’s executor or administrator has taken possession of those assets after the date of the judgment; or if a person is entitled to relief under the judgment only 10 if that person has fulfilled a condition, and that person alleges that condition has been fulfilled; or if goods sought to be seized under an enforcement process are in the possession of— (i) (ii) a receiver appointed by the court; or a sequestrator.
15 (3) (2A) Date of the judgment in subclause (2)(b) for a judgment that is an arbitral award entered as a judgment means the date on which the award became enforceable by action in New Zealand.

If the court grants leave to issue an enforcement process (under this rule or otherwise) and the process is not issued within 1 year after the date of the order granting leave, that order expires but that does not prevent the making of a new order granting leave.
Compare: 1908 No 89 Schedule 2 r 556 17.9 (as substituted by 2008 No 90 s 8) 20 25 Subpart 2—Obtaining information from liable party for enforcement purposes 17.10 Notice to liable party to complete financial statement (1) An entitled party may serve on the liable party a notice in form 30 E 1 with 2 copies of form E 2.
647 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 2—continued (2) A notice in form E 1 requires the liable party to complete and serve on the entitled party a statement in form E 2 of the liable party’s— receipts and payments for the preceding 52 weeks; and (a) assets and liabilities; and (b) (c) income and expenditure; and (d) means of satisfying the judgment.
The liable party must serve the statement in form E 2 on the entitled party within 10 working days after the date on which the notice in form E 1 is served on the liable party.
Compare: 1908 No 89 Schedule 2 r 620 17.10 (as substituted by 2008 No 90 s 8) (3) 5 10 17.11 Interpretation In rules 17.12 to 17.20, unless the context otherwise re- quires,— examinee means the party to be examined under rule 17.12 (or 15 if the party is a corporation, an officer of the corporation) examining party means a party seeking the recovery or pay- ment of money in a proceeding who applies for an order for examination under rule 17.12.
Compare: 1908 No 89 Schedule 2 r 17.11 (as substituted by 2008 No 90 s 8) 20 17.12 Order for examination (1) Whether or not a notice has been served under rule 17.10, an (b) examining party may apply for an order— (a) at any time after the proceeding has commenced, if that party seeks a charging order under subpart 5 of this Part; 25 and in all other cases, at any time after judgment is sealed.
(2) An examining party may apply to the court for an order re- quiring the examinee to attend the court or a person whom the court appoints, and to be orally examined on oath about— (a) (b) the standard issues in subclause (3); and any additional issues suggested by the examining party that the court considers are necessary.
30 648 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 2—continued (3) The standard issues are— (a) if judgment has been given, about the examinee’s— (i) receipts and payments for the preceding 52 weeks; and assets and liabilities; and (ii) (iii) income and expenditure; and (iv) means of satisfying the judgment: if judgment has not been given, about any matters that are relevant to the issue of a charging order.
5 (b) (4) When granting the application, the court may order the produc- 10 tion of documents at the examination and may impose terms and conditions it thinks just in respect of the conduct of the examination or otherwise.

(5) An application under this rule may be made without notice, and may be granted by a Judge without a hearing.

15 (6) An order under this rule must contain a notice in the following terms: “You must obey this order.
If you do not, you may be sent to prison for contempt of court.” Compare: 1908 No 89 Schedule 2 r 621; Civil Procedure Rules 1998 rr 71.2, 20 71.6 (UK); Practice Direction Supplementing Part 71 of the Civil Procedure Rules 1998 paras 4.1, 5.1 (UK) 17.12 (as substituted by 2008 No 90 s 8) 17.13 Service of order for examination (1) Unless the court otherwise orders, an order to attend court for (2) examination must be served on the examinee not less than 10 25 working days before the examination.
The examining party must inform the court not less than 5 working days before the date of the hearing if the order has not been served.
Compare: Civil Procedure Rules 1998 r 71.3 (UK)1908 No 89 Schedule 2 r 30 17.13 (as substituted by 2008 No 90 s 8) 649 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 2—continued 17.14 Examining party’s affidavit At the examination, the examining party must file an affidavit or affidavits— (a) by the person who served the order (unless it was served by an enforcing officer) giving details of how and when 5 it was served; and stating how much remains unpaid of the amount for which the examining party may obtain or has obtained judgment.
(b) Compare: Civil Procedure Rules 1998 r 71.5 (UK)1908 No 89 Schedule 2 r 10 17.14 (as substituted by 2008 No 90 s 8) 17.15 Procedure for examination (1) The examinee— (a) must appear personally: (b) may be represented by counsel, who may examine the 15 examinee and be heard on the matter of the examinee’s means: (c) may be cross-examined by the examining party.

(2) A witness who is not the examinee may be cross-examined by or on behalf of the examinee or the examining party.
Compare: 1947 No 16 s 84D; Civil Procedure Rules 1998 r 71.6 (UK)1908 No 89 Schedule 2 r 17.15 (as substituted by 2008 No 90 s 8) 20 17.16 Adjournment of hearing If the hearing is adjourned, the court must give directions about the manner in which notice of the new hearing is to be served 25 on the examinee.
Compare: Civil Procedure Rules 1998 r 71.7 (UK)1908 No 89 Schedule 2 r 17.16 (as substituted by 2008 No 90 s 8) 17.17 Orders by court (1) After an examination is completed, a Judge may, after giving 30 the examining party and the examinee an opportunity to be heard, do any 1 or more of the following: 650 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 2—continued (a) direct that 1 or more of the processes referred to in rule 17.3 be commenced or continued, direct any steps to be taken in those processes, and issue any warrant or summons or make any order for the purpose of those processes: 5 (b) make an order that the money owing under the judgment be paid by instalments payable at times fixed by the court: (c) stay any processes for the enforcement of the judgment: (d) make an order varying any order relating to the enforce- 10 ment of the judgment.
The Judge may do any 1 or more of the things referred to in subclause (1), even though— (a) no application was made for the particular direction, order, or stay; or that application was made for a different direction, order, or stay.
(b) 15 (2) Compare: 1947 No 16 s 84E1908 No 89 Schedule 2 r 17.17 (as substituted by 2008 No 90 s 8) 17.18 Failure to comply with order for examination (1) A Judge may make an arrest order against an examinee who— 20 (a) (b) (c) fails to attend the examination; or refuses at the examination to take the oath or to answer any question; or fails to comply with the order for examination in any 25 other way.

Subclause (1) is subject to subclauses (3) and (4).
(2) (3) An arrest order for failing to attend the examination must not be made unless the examining party has filed the affidavit re- quired by rule 17.14.
If an arrest order is made, the Judge must direct that— the order is suspended provided the examinee— (a) (4) 30 651 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 2—continued (i) (ii) attends the court or any person whom the court has appointed for examination at a time and place specified in the order; and complies with all the terms of the arrest order and the order for examination; and 5 if the examinee fails to comply with any term on which the arrest order is suspended, the examinee may be brought before a Judge so that the Judge may consider whether to commit the examinee to prison.
(b) Compare: Civil Procedure Rules 1998 r 71.8 (UK)1908 No 89 Schedule 2 r 10 17.18 (as substituted by 2008 No 90 s 8) 17.19 Certification of breach of arrest order (1) If an examinee who has been served with an arrest order fails to attend the examination or fails to comply with any other term on which the arrest order was suspended, an enforcing officer 15 may issue a certificate to that effect.

The certificate need not be served on the examinee.
(2) (3) After seeing a certificate under subclause (1), a Judge or en- forcing officer may issue a warrant to bring the examinee be- fore a Judge.
Compare: Civil Procedure Rules 1998 r 71.8 (UK)1908 No 89 Schedule 2 r 17.19 (as substituted by 2008 No 90 s 8) 20 17.20 Discharge of arrest order (1) When an examinee is brought before a Judge on a warrant under rule 17.19(3), the Judge must discharge the arrest order 25 unless the Judge is satisfied beyond reasonable doubt that— (a) the examinee has failed to comply with— (i) (ii) the original order to attend court; and the terms on which the arrest order was sus- pended; and 30 (b) both orders have been served on the examinee.
652 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 2—continued (2) If the Judge does not discharge the arrest order, the Judge may commit the examinee to prison for a term of imprisonment of not more than 3 months.
Compare: 1908 No 89 Schedule 2 r 17.20 (as substituted by 2008 No 90 s 8) Subpart 3—Preparation and issue of enforcement process 5 17.21 Enforcement process to conform with judgment An enforcement process must strictly conform with the judg- ment or order it is enforcing or state why it does not.
Compare: 1908 No 89 Schedule 2 r 557 17.21 (as substituted by 2008 No 90 s 8) 10 17.22 Preparation and issue of enforcement processes (1) An entitled party issuing an enforcement process must also file an original order for the particular enforcement process sought, and a copy for the court.

The Registrar must seal the original order and give it to an 15 enforcing officer.
(2) (3) An enforcement process is issued at the time when the original sealed order is given to an enforcing officer under subclause (2).

Compare: 1908 No 89 Schedule 2 r 558 17.22 (as substituted by 2008 No 90 s 8) 20 17.23 Date of enforcement process The date of an enforcement process is the date it is issued.
Compare: 1908 No 89 Schedule 2 r 559 17.23 (as substituted by 2008 No 90 s 8) 17.24 Currency and renewal of enforcement processes (except for charging orders) (1) An enforcement process that is not executed expires 1 year after the date it is issued.

Subclauses (3) and (7) override subclause (1).

(2) (3) An enforcement process may be renewed with the leave of a Judge once only for 1 year from the original expiry date.
25 30 653 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 3—continued (4) Leave under subclause (3) may be given before or after the enforcement process expires.

(5) When an enforcement process is renewed, it retains its original (6) priority unless a Judge orders otherwise.

The Registrar must note the fact and date of renewal on the en- 5 forcement process, and that is sufficient evidence of its having been renewed.
(7) Nothing in this rule applies in respect of a charging order.

Compare: 1908 No 89 Schedule 2 r 560 17.24 (as substituted by 2008 No 90 s 8) 17.25 Expenses of enforcement (1) An entitled party is entitled to the costs and expenses in re- spect of and incidental to issuing and effecting an enforcement process, and may levy those costs and expenses from the liable party.

Subclause (1) is subject to rule 17.26.


Compare: 1908 No 89 Schedule 2 r 561 17.25 (as substituted by 2008 No 90 s 8) (2) 17.26 Concurrent enforcement processes (1) Two or more enforcement processes (of the same or different kinds) may be issued to 1 or more places and addressed to different enforcing officers.

The costs and expenses of more than 1 concurrent enforcement process may be allowed to a party only with the leave of a Judge.
Compare: 1908 No 89 Schedule 2 r 562 17.26 (as substituted by 2008 No 90 s 8) (2) 17.27 Return of enforcement process The enforcing officer must return an enforcement process as soon as possible to the court registry it was issued from with a memorandum stating,— (a) if the officer succeeded in enforcing it, the way in which it was enforced; or 654 10 15 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 3—continued (b) if the officer did not succeed in enforcing it, despite reasonable attempts, the reason why it was not enforced.
Compare: 1908 No 89 Schedule 2 r 563 17.27 (as substituted by 2008 No 90 s 8) 17.28 Reissue of enforcement process If an enforcement process is returned unenforced and there are 5 grounds for believing it can be successfully enforced, the en- titled party may request that it be issued again to an enforcing officer.
Compare: 1908 No 89 Schedule 2 r 564 17.28 (as substituted by 2008 No 90 s 8) 17.29 Stay of enforcement A liable party may apply to the court for a stay of enforcement or other relief against the judgment upon the ground that a substantial miscarriage of justice would be likely to result if the judgment were enforced, and the court may give relief on just terms.
Compare: 1908 No 89 Schedule 2 r 565 17.29 (as substituted by 2008 No 90 s 8) 17.30 Enforcement process may be set aside The court may set aside an enforcement process if it is issued contrary to— (a) (b) (c) Compare: 1908 No 89 Schedule 2 r 566 17.30 (as substituted by 2008 No 90 s 8) any order of the court; or the agreement of the entitled party; or good faith.
Subpart 4—Attachment orders 17.31 Interpretation In this subpart, unless the context otherwise requires,— employer, in relation to a liable party, includes— (a) a person by whom a retiring allowance or pension or other payment of a similar nature is payable to the liable party: 10 15 20 25 30 655 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 4—continued (b) (c) (d) the Accident Compensation Corporation in respect of weekly compensation payable to the liable party under the Accident Compensation Act 2001: the chief executive of the department for the time being responsible for the administration of the Social Security 5 Act 1964 in respect of a benefit payable to the liable party: a person for whom work is performed under a contract for services protected earnings amount means an amount specified in an 10 attachment order below which the net earnings or benefit paid to the liable party must not be reduced salary or wages includes— (a) 15 a retiring allowance or pension or other payment of a similar nature: a bonus or an incentive payment: a payment of commission: a payment in consideration of work performed under a contract for services: all payments of weekly compensation made under the 20 Accident Compensation Act 2001 by the Accident Compensation Corporation: a benefit within the meaning of the Social Security Act 1964.
(b) (c) (d) (e) (f) Compare: 1947 No 16 s 84F1908 No 89 Schedule 2 r 17.31 (as substituted by 25 2008 No 90 s 8) 17.32 Effect of attachment order (1) An attachment order directs that money due under a judgment is a charge on any salary or wages that are due and payable by an employer to the liable party.
The charge— (a) accrues from week to week on the day of the week spe- cified in the attachment order; and (2) 30 656 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 4—continued (b) (c) accrues by way of weekly payments of the amount spe- cified in the attachment order; and attaches to all salary or wages that become due by the employer to the liable party at any time while the at- tachment order is in force, whether or not the contract 5 of employment or contract for services under which the salary or wages become due existed at the date of the attachment order.
Compare: 1947 No 16 s 84I1908 No 89 Schedule 2 r 17.32 (as substituted by 2008 No 90 s 8) 10 17.33 When attachment order may be issued (1) If the liable party has been examined under rule 17.15, the court, on the written or oral application of the entitled party, may make an attachment order at any time after judgment is sealed.
(2) An attachment order— (a) may be made against a person who the court is satisfied is an employer of the liable party: (b) may be made for a fixed period or until the judgment debt has been fully paid: (c) must specify the person to whom the amounts to be de- ducted must be paid: 15 20 (3) (d) must specify the protected earnings amount.

Form E 3 must be used.


Compare: 1947 No 16 s 84G1908 No 89 Schedule 2 r 17.33 (as substituted by 25 2008 No 90 s 8) 17.34 Attachment order to be served on employer (1) A copy of an attachment order must be served on the employer to whom it relates— personally; or (a) by leaving it at the employer’s place of residence or (b) business; or by sending it by post, addressed to the employer at the employer’s place of residence or business.
(c) 30 657 5 10 15 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 4—continued (2) (3) (4) In the absence of proof to the contrary, any order served by post is deemed to have been served on the fourth working day after the day on which it was posted.

To prove service it is sufficient to prove that the letter was properly addressed and posted.

Every attachment order takes effect when a copy of the order is served on the employer in accordance with this rule.
Compare: 1947 No 16 s 84H1908 No 89 Schedule 2 r 17.34 (as substituted by 2008 No 90 s 8) 17.35 Priority of attachment order (1) The charge under an attachment order is subject to the follow- ing charges, adjustments, and deductions (whether the charge was created or the adjustment or deduction was authorised be- fore or after the making of the attachment order under this sub- part): (a) a charge created by an attachment order or deduction notice made under the Family Proceedings Act 1980: a charge created by an attachment order made under the Summary Proceedings Act 1957: a deduction notice issued under the Child Support Act 20 1991: a deduction notice issued under section 157 of the Tax Administration Act 1994 (as applied by section 193 of the Student Loan Scheme Act 2011): a deduction from or adjustment to a benefit under sec- 25 tion 86 of the Social Security Act 1964.
(b) (c) (d) (e) Subclause (3) applies if the liable party assigns or charges the liable party’s salary or wages before or after the making of the attachment order.

The attachment order has the same effect as it would have if 30 the assignment or charge had not occurred.

(2) (3) 658 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 4—continued (4) Section 84 of the Social Security Act 1964 does not apply to an attachment order under this rule.
Compare: 1947 No 16 ss 84G, 84I1908 No 89 Schedule 2 r 17.35 (as substituted by 2008 No 90 s 8) 17.36 Protected earnings amount (1) 5 The sum of an amount charged under an attachment order and any other amounts described in subclause (2) must not reduce the net earnings or any benefit of the liable party below the protected earnings amount, and if necessary the amount to be deducted under an attachment order must be reduced or can- 10 celled accordingly.
For the purposes of subclause (1), other amounts means the amounts stated in any or all of the following: (a) (b) an attachment order under another Act; and a deduction notice made under the Family Proceedings 15 Act 1980 or issued under section 86 or 86A of the Social Security Act 1964.
Compare: 1947 No 16 s 84G1908 No 89 Schedule 2 r 17.36 (as substituted by 2008 No 90 s 8) (2) 17.37 Liability of employer (1) While an attachment order remains in force and whenever any salary or wages become due and payable by an employer to the liable party, the employer must— (a) 20 deduct from the salary or wages a sufficient amount to satisfy the charge on the money that has accrued before 25 the day on which the salary or wages becomes due and payable; and not later than the 20th day of the next month after the month in which the deduction is made, pay the deducted amount to the person specified in the attachment order.
30 (b) (2) All sums deducted are treated as having been paid by the em- ployer in satisfaction of the salary or wages payable by the employer to the liable party.

659 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 4—continued (4) (3) All sums deducted are treated as having been paid by the liable party in satisfaction of the liable party’s liability to pay the judgment debt.
The employer must notify a court officer within 5 working days if the liable party leaves or is dismissed from the em- 5 ployer’s employment.

If an employer defaults in paying any money in satisfaction of a charge under an attachment order, that money becomes a debt due by the employer to the entitled party, and may be recovered by the entitled party in any court of competent jurisdiction.

Subclause (1) is subject to rule 17.36.


Compare: 1947 No 16 s 84J1908 No 89 Schedule 2 r 17.37 (as substituted by 2008 No 90 s 8) (5) (6) 10 (2) (3) 17.38 Attachment orders in State services (1) 15 In this rule,— employee has the same meaning as in the State Sector Act 1988 State services has the same meaning as in the State Sector Act 1988.

This subpart binds the Crown to the extent of and subject to 20 subclauses (3) and (4).
If the liable party is an employee in the State services, an at- tachment order may be made against the employer of that em- ployee, and— (a) the order must be served on the chief executive of the 25 employee’s department or agency or other instrument of the Crown, and also on any officer of the Crown specified in the order; and the order must be served in accordance with rule 17.34.
(b) (4) When service is effected by post, it is sufficient if the letter is 30 addressed to the person to be served by that person’s official title or any sufficient description.
660 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 4—continued (5) (6) If the liable party is entitled to a benefit within the meaning of the Social Security Act 1964, an attachment order may be made against the chief executive of the department for the time being responsible for the administration of that Act.
If subclause (5) applies, the order must be served by leaving 5 a copy of the order at, or sending a copy of the order by post to,— (a) the district office of that department nearest to the liable party’s place of residence; or an address notified by the chief executive of that depart- 10 ment to the chief executive of the Ministry of Justice.
(b) Compare: 1947 No 16 s 84L1908 No 89 Schedule 2 r 17.38 (as substituted by 2008 No 90 s 8) 17.39 Variation, suspension, and discharge of attachment orders (1) An entitled party or a liable party may apply to a Judge for 15 (2) (3) (4) vary or suspend the order; or discharge the order.

relief under this rule at any time.


If a Judge is satisfied that there is a good reason to do so, he or she may— (a) (b) The variation, suspension, or discharge takes effect when no- tice of it is served on the employer in accordance with rule 17.34.

The powers of the Judge under this rule are in addition to the court’s powers under rule 7.49.
Compare: 1947 No 16 s 84M1908 No 89 Schedule 2 r 17.39 (as substituted by 2008 No 90 s 8) 20 25 Subpart 5—Charging orders 17.40 Effect of charging order (1) A charging order charges the estate, right, title, or interest of 30 the liable party in the property described in the order with pay- ment of the amount for which the entitled party may obtain or has obtained judgment.
661 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 5—continued (2) A charging order may be in form E 4, form E 5, or form E 6.
Compare: 1908 No 89 Schedule 2 r 548 17.40 (as substituted by 2008 No 90 s 8) 17.41 Leave to issue charging order Leave to issue a charging order before judgment may be granted only on proof that the liable party, with intent to de- 5 feat either his or her creditors or the entitled party or both,— is removing, concealing, or disposing of the liable (a) party’s property; or is absent from or about to leave New Zealand.
(b) Compare: 1908 No 89 Schedule 2 r 567 17.41 (as substituted by 2008 No 90 s 8) 10 17.42 Issue of charging order without leave after judgment After judgment is sealed, the entitled party may issue a charg- ing order without leave.
Compare: 1908 No 89 Schedule 2 r 568 17.42 (as substituted by 2008 No 90 s 8) 17.43 Charging order where amount involved small If the amount involved is so small that the issue of a charging order is vexatious or worthless, the court may— (a) (b) refuse the application for a charging order; or if the charging order has been issued (whether as of right or on application), revoke the charging order.
Compare: 1908 No 89 Schedule 2 r 569 17.43 (as substituted by 2008 No 90 s 8) 17.44 Application for relief by persons prejudicially affected (1) At any time, a person alleging that he or she is prejudicially affected by a charging order may apply to the court for relief.

The court may— (a) (b) vary or rescind the order; or cancel the registration or modify the effect of registra- tion of any order affecting land.
(2) 15 20 25 662 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 5—continued (3) The powers of the court under this rule are in addition to its powers under rule 7.49.
Compare: 1908 No 89 Schedule 2 r 570 17.44 (as substituted by 2008 No 90 s 8) 17.45 Claim of third party on property charged (1) For the purposes of this rule, interested third party means 5 a person other than the entitled party or liable party who al- legedly— (a) (b) owns the charged property; or has a lien, charge, or other claim on the charged prop- erty.
10 (2) The court may order an interested third party to attend the court and state the nature and details of the third party’s interest in the charged property.

(3) An interested third party may attend and state the nature and particulars of that party’s claim to the court without the court’s 15 leave at the hearing of— (a) (b) an application to make the charging order final: an application to set aside or vary the charging order.
(4) An interested third party must give 24 hours’ notice to the court and all affected parties of an intention to attend the court 20 under subclause (3).

Compare: 1908 No 89 Schedule 2 r 571 17.45 (as substituted by 2008 No 90 s 8) (2) 17.46 Apportionment when more than 1 charging order (1) Subclause (2) applies if more than 1 charging order has been issued against the same liable party.
The court may, on the application of the liable party or any other person claiming to be affected, determine how much or what part of the relevant property is for the separate use of each entitled party who has obtained a charging order.
Compare: 1908 No 89 Schedule 2 r 572 17.46 (as substituted by 2008 No 90 s 8) 30 25 663 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 5—continued 17.47 Charging order for land final when issued (1) A charging order may charge an estate, right, title, or interest in possession, remainder, reversion, or expectancy (whether vested or contingent) in any land held in the liable party’s own name.
(2) A charging order issued under this rule is a final charging order when it is issued.

Compare: 1908 No 89 Schedule 2 r 573 17.47 (as substituted by 2008 No 90 s 8) 17.48 Registration of charging order under Land Transfer Act 1952 (2) (1) A final charging order in respect of land that is under the Land Transfer Act 1952 must be registered under that Act against the land’s certificate of title.
The charging order must sufficiently refer to the affected land so as to identify that land by— (a) (b) a description of the land; or a reference to a certificate of title or other instrument containing a description of the land.
5 10 15 (3) Unless the land is the whole of the land comprised in a certifi- (4) cate or certificates of title, or is shown separately on a plan de- 20 posited under the Land Transfer Act 1952, the charging order must have drawn on it or annexed to it a plan of the land show- ing its extent, boundaries, and relative position.
The entitled party must deposit a duplicate of the charging order with the District Land Registrar (unless that Registrar 25 has dispensed with the production of duplicate instruments in accordance with the Land Transfer Act 1952).
Compare: 1908 No 89 Schedule 2 r 574 17.48 (as substituted by 2008 No 90 s 8) 17.49 Registration of charging order not under Land Transfer Act 1952 30 (1) A final charging order in respect of land that is not under the Land Transfer Act 1952 must be registered with the district Registrar of Deeds under the Deeds Registration Act 1908 or 664 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 5—continued (2) (3) otherwise in accordance with the current law about the regis- tration of deeds.
The charging order must sufficiently refer to the affected land so as to identify that land by— (a) (b) a description of the land; or a reference to a Crown grant or other instrument con- taining a description of the land.

The charging order must have drawn on it or annexed to it a plan of the land showing its extent, boundaries, and relative position.
Compare: 1908 No 89 Schedule 2 r 575 17.49 (as substituted by 2008 No 90 s 8) 5 10 17.50 Sale before registration of charging order An unregistered charging order has no effect against a pur- chaser for valuable consideration.
Compare: 1908 No 89 Schedule 2 r 576 17.50 (as substituted by 2008 No 90 s 8) 15 17.51 Discharge of land from charging order Land subject to a final charging order is discharged from that order on registration with the District Land Registrar or Regis- trar of Deeds of— (a) a memorandum of satisfaction of the judgment in the 20 proceeding in which the charging order has been issued or other sufficient evidence of satisfaction; or an order of the court to the effect that the land is dis- charged from the charging order; or the consent of the person who registered the charging 25 order to the discharge of the land from the charging order.
(b) (c) Compare: 1908 No 89 Schedule 2 r 577 17.51 (as substituted by 2008 No 90 s 8) 665 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 5—continued (2) 17.52 Lapse of charging order after 2 years (1) A charging order no longer binds the land affected and is treated as discharged after 2 years from the date of the charg- ing order unless it is extended under subclause (2).
The court may within that period, if it thinks just, extend the 5 effect of a charging order for any necessary period.

Subclause (1) does not apply if the charging order has led to a sale order, and a person registers any of the following in relation to the land under that sale order: an instrument of transfer: (a) a deed of conveyance: (b) (c) an assignment.
Compare: 1908 No 89 Schedule 2 r 578 17.52 (as substituted by 2008 No 90 s 8) (3) 10 17.53 Personal property may be charged A charging order may charge all personal property, includ- 15 ing— (a) debts payable by or accruing due from the Crown to the liable party that are not excepted by section 26 of the Crown Proceedings Act 1950: a debt or sum of money due or accruing due to the liable 20 party, including money— (i) (ii) (iii) due or accruing due to the liable party by a public body; or standing to the credit of the liable party in a pro- ceeding or interlocutory application; or standing to the credit of the liable party in the possession of a Sheriff or court officer: the right or interest of the liable party in a partnership: shares held by the liable party in any company that— (i) (ii) is incorporated in New Zealand; or has a registry in New Zealand in which transfers of shares may be registered: the estate, right, or interest in possession, remainder, re- version, or expectancy (whether vested or contingent) 25 30 (b) (c) (d) (e) 666 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 5—continued in any land, or in any money, shares, or other personal property, held under or because of any express or im- plied trust for the liable party.
Compare: 1908 No 89 Schedule 2 r 579 17.53 (as substituted by 2008 No 90 s 8) 17.54 Interim charging order in first instance (1) A charging order under rule 17.53— (a) (b) is a limited charging order until the court discharges or finalises it in accordance with these rules; and is called an interim charging order in this rule and in rules 17.55 to 17.60.
(2) An interim charging order must be served— 5 10 (3) (a) (b) on the person it is intended to affect; or on any person the court directs, if money is— due by the Crown or a public body; or (i) standing to the credit of a liable party in a pro- 15 (ii) ceeding or interlocutory application.
If an interim charging order is intended to affect an estate, right, or interest in land under or because of any trust,— (a) that interim charging order may also be registered against the land; or a caveat may be lodged against the land in respect of the interim charging order.
(b) 20 Compare: 1908 No 89 Schedule 2 r 580 17.54 (as substituted by 2008 No 90 s 8) 17.55 Effect of interim charging order A person served with an interim charging order may not, ex- 25 cept under rules 17.56 to 17.61 or with the leave of the court,— pay over any debt, income, interest, dividends, bonus, (a) profits, or other money due or accruing due to the liable party named in the interim charging order; or (b) make, concur in making, or permit any conveyance, 30 transfer, assignment, or disposition of any estate, right, 667 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 5—continued or interest, or of any share in a partnership or company, of the liable party named in the interim charging order.
Compare: 1908 No 89 Schedule 2 r 581 17.55 (as substituted by 2008 No 90 s 8) 17.56 Liability of persons breaching interim charging order (1) If a person who has been served with an interim charging order 5 breaches rule 17.55, the court may order that person to pay the entitled person either of the following: (a) the amount of the money paid or the value of the prop- erty disposed of in breach of that rule; or a sufficient part of the money paid or the value of the 10 property disposed of in breach of that rule to satisfy any judgment the entitled party may obtain or may have obtained in the proceeding.
(b) (2) The court’s orders under subclause (1) may be in addition to or instead of a penalty that may be imposed by or under another 15 rule.

Compare: 1908 No 89 Schedule 2 r 582 17.56 (as substituted by 2008 No 90 s 8) 17.57 Money may be paid into court (1) A person served with an interim charging order may pay the (2) money affected by the order into court.

The money paid into court must be paid out in accordance with the result of the proceeding or an order of the court.
Compare: 1908 No 89 Schedule 2 r 583 17.57 (as substituted by 2008 No 90 s 8) 20 17.58 Court may order sale of property affected (1) On an application by the entitled party or by the person af- 25 fected by the order, the court may do 1 or more of the follow- ing: (a) (b) order that any property affected be sold: give directions about the sale as the court thinks just: 668 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 5—continued (c) order that the net proceeds of the sale be paid into court, to be paid out later in accordance with the result of the proceeding or an order of the court.
(2) The court may act under subclause (1) when making an interim charging order or at any later time before judgment.

Compare: 1908 No 89 Schedule 2 r 584 17.58 (as substituted by 2008 No 90 s 8) 5 17.59 Application to make final charging order after judgment The entitled party may apply to the court to have an interim (1) charging order made final at any time after judgment is sealed.

The court may make orders and give directions for the disposal 10 of money paid into court under rule 17.57 or 17.58.
Compare: 1908 No 89 Schedule 2 r 585 17.59 (as substituted by 2008 No 90 s 8) (2) 17.60 Execution after charging order made final After a charging order has been made final, the entitled party may do either or both of the following: (a) if a person is affected by an interim charging order be- cause he or she owes any money due or accruing due to the liable party,— (i) issue a sale order under rules 17.62 to 17.82 against that person’s property; and execute the sale order as if judgment had been sealed by the liable party against that person: (ii) 15 20 (b) sell any property referred to in paragraphs (c) to (e) of rule 17.53 under a sale order in the same way (as nearly as possible) as a sale of land under rules 17.62 to 17.82.
25 Compare: 1908 No 89 Schedule 2 r 586 17.60 (as substituted by 2008 No 90 s 8) 17.61 Discharge of person served with order (1) A person served with a final charging order who pays money under it to a court officer (whether because of an enforcement process or otherwise) is discharged from that person’s obliga- 30 tion to the liable party to the extent of the amount paid.
Subclause (1) applies even if the court sets aside or reverses— (2) 669 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 5—continued (a) (b) the final charging order; or the judgment in the proceeding in which the final charg- ing order was obtained.
Compare: 1908 No 89 Schedule 2 r 587 17.61 (as substituted by 2008 No 90 s 8) Subpart 6—Sale orders and possession orders 5 17.62 Effect of sale order (1) A sale order authorises and requires an enforcing officer to seize all the liable party’s personal property except— (a) necessary tools of trade to a value not exceeding $5,000; 10 and necessary household furniture and effects to a value not exceeding $10,000 (necessary household furniture and effects includes the clothes of the liable party and his or her family).
15 (b) (2) An enforcing officer must take the actions described in sub- clause (3) if money seized under a sale order is not enough to— (a) discharge any claims which by law are entitled to be paid in priority to the entitled party’s claim; and pay the costs and expenses of executing the order; and satisfy the amount of the judgment and interest payable to the entitled party.
(b) (c) In the situation described in subclause (2), an enforcing officer must— (a) receive and recover the sum or sums— (i) payable under any cheques, bills of exchange, and promissory notes; or secured by bonds or other securities for money; and (ii) (b) sell, in accordance with rules 17.63 to 17.82, the seized chattels and the liable party’s estate, right, title, or inter- est in any land (whether it is in possession, remainder, reversion, or expectancy).
(3) 670 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 6—continued (4) A sale order may be in form E 7.

Compare: 1908 No 89 Schedule 2 r 549 17.62 (as substituted by 2008 No 90 s 8) 17.63 When sale order may be issued An entitled party may issue a sale order at any time after judg- ment for a sum of money is sealed.
Compare: 1908 No 89 Schedule 2 r 588 17.63 (as substituted by 2008 No 90 s 8) 5 17.64 Execution for less than full amount of judgment (1) An entitled party must endorse the sale order with the amount (2) (3) claimed.
The amount claimed must reflect any of the following that 10 apply: (a) money paid on account of the judgment: the entitled party’s wish to waive— (b) (i) any part of the money due on account of the judg- ment; or payment of the entitled party’s costs or any part of those costs: (ii) 15 (c) that the judgment has been given for a larger amount than is due.
If the amount due under a judgment is less than the amount of 20 the judgment and the entitled party has not endorsed that on the sale order as required by this rule, the court may set aside or vary the order and make whatever restitutionary or incidental orders are thought just.
Compare: 1908 No 89 Schedule 2 r 589 17.64 (as substituted by 2008 No 90 s 8) 25 17.65 Recovery of money owing on cheques and other securities If money seized under a sale order is not the full amount re- (1) quired by the sale order, the enforcing officer may seize any of the following as security for the balance of the full amount: (a) (b) (c) cheques: bills of exchange: promissory notes: 30 671 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 6—continued (2) (3) (4) bonds: other securities for money.
(d) (e) The officer may sue the issuer of the security in the officer’s own name for the sum or sums secured by it in accordance with the terms of the particular security seized.

The officer need not sue under subclause (2) unless the en- titled party enters into a bond with 2 sufficient guarantors that indemnifies the officer against— (a) (b) all costs and expenses of suing; and all costs and expenses to which the officer may become 10 liable as a result of the suit.
5 The expenses of the bond referred to in subclause (3) must be deducted out of any money recovered in the proceeding.
Compare: 1908 No 89 Schedule 2 r 590 17.65 (as substituted by 2008 No 90 s 8) 17.66 Discharge of person paying on cheque or other security 15 A person liable to the liable party under a security seized under rule 17.65 who pays money under the security to a court officer (whether because of an enforcement process or otherwise) is discharged from liability to the liable party to the extent of the amount paid.
Compare: 1908 No 89 Schedule 2 r 591 17.66 (as substituted by 2008 No 90 s 8) 20 17.67 Disposal of proceeds The order in which an enforcing officer must apply the pro- ceeds of the sale order is— (a) discharging all claims that have priority over the entitled 25 party’s claim: paying the costs and expenses of executing the sale order: paying the entitled party a sufficient sum to satisfy the amount required by the sale order: paying any surplus to the liable party.
30 (d) Compare: 1908 No 89 Schedule 2 rr 592, 605 r 17.67 (as substituted by 2008 No 90 s 8) (b) (c) 672 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 6—continued 17.68 Not necessary to seize land An enforcing officer need not seize land before selling the land.
Compare: 1908 No 89 Schedule 2 r 593 17.68 (as substituted by 2008 No 90 s 8) 5 (2) 17.69 Moving seized chattels (1) An enforcing officer must move chattels seized under a sale order to an appropriate selling place as soon as possible.

The liable party may consent in writing to the chattels— (a) (b) remaining in the place where they were seized; and being kept in the custody of a person the officer consid- 10 ers appropriate; and being sold in that place.
(c) Subclause (2) is an exception to subclause (1).

Compare: 1908 No 89 Schedule 2 r 594 17.69 (as substituted by 2008 No 90 s 8) (3) 17.70 Place of sale (1) An enforcing officer must sell seized chattels in the place he 15 or she considers best.

(2) With the written consent of the liable party, the officer may— sell chattels at the place of seizure; and sell land to be sold on the land itself.
(a) (b) Compare: 1908 No 89 Schedule 2 r 595 17.70 (as substituted by 2008 No 90 s 8) 20 17.71 Advertising of notice of sale (1) An enforcing officer must give notice of the sale of seized chat- tels in whichever newspaper or newspapers the officer consid- ers sufficient.

The notice must be first published,— (a) for a land sale, at least 15 working days before the date of the intended sale: for any other sale, at least 5 working days before the date of the intended sale.
(b) (2) 25 30 673 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 6—continued (3) (4) The notice may be republished in the same or other newspaper or newspapers in the way and to the extent the officer considers sufficient.

The notice— (a) must contain the information specified in rule 17.73; 5 and (b) must be in the form and give the particulars the officer considers sufficient.
Compare: 1908 No 89 Schedule 2 r 596 17.71 (as substituted by 2008 No 90 s 8) 17.72 Service of notice of sale on liable party 10 At least 7 working days before the sale, an enforcing officer must serve a copy of the notice referred to in rule 17.71 on the liable party— (a) (b) at the liable party’s address for service; or if the liable party has not filed an address for service, at 15 the liable party’s last known residential address.
Compare: 1908 No 89 Schedule 2 r 597 17.72 (as substituted by 2008 No 90 s 8) 17.73 Contents of notice of sale The notice referred to in rule 17.71— (a) must state that the sale is made on behalf of the entitled 20 party; and (b) must specify— (i) (ii) (iii) the chattels, or the right or interest in the chattels, or the land, or the estate, right, title, or interest in the land, intended to be sold; and the name of the enforcing officer; and the name of the solicitor (if any) for the entitled party.
Compare: 1908 No 89 Schedule 2 r 598 17.73 (as substituted by 2008 No 90 s 8) 17.74 Method and conditions of sale (1) All sales under a sale order must be— 674 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 6—continued (a) (b) by public auction on terms and conditions approved by the Registrar; or by private treaty— (i) (ii) with the parties’ consent; or by order of the court made on the application of 5 either party.
(2) An enforcing officer may choose whether to sell property seized under a sale order in 1 lot or in several lots.

(3) Unless the court directs otherwise, all sales— (a) must be for cash on delivery, assignment, or transfer; 10 and (b) must be of the estate, right, title, or interest only of the liable party in the chattels or land put up for sale.
Compare: 1908 No 89 Schedule 2 r 599 17.74 (as substituted by 2008 No 90 s 8) 17.75 Powers of enforcing officer in relation to sale by auction 15 An enforcing officer— (a) may sell property seized under a sale order by public auction without an auctioneer’s licence (despite any- thing in any Act to the contrary); and (b) may place a reserve on the property; and (c) may put the property up for sale as often as required 20 until it is sold.
Compare: 1908 No 89 Schedule 2 r 600 17.75 (as substituted by 2008 No 90 s 8) 17.76 Power of enforcing officer to seize title deeds (1) The enforcing officer may require the liable party— (a) 25 to provide (if they are in the liable party’s possession) the certificate of title and any title deeds for land that is to be sold; and to disclose— (i) the name of any person who has possession of the 30 certificate of title and any title deeds for land that is to be sold; and the address where those documents are kept.
(ii) (b) 675 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 6—continued (2) (3) If the person who possesses the documents referred to in sub- clause (1) refuses to give them to the officer, the officer may seize those documents.

The officer may give copies of the certificate of title and any title deeds to an intending purchaser.
Compare: 1908 No 89 Schedule 2 r 601 17.76 (as substituted by 2008 No 90 s 8) 17.77 Order of sale of land and chattels (1) An enforcing officer must sell chattels first if both land and chattels were seized from a liable party under the same sale order unless another sequence is— (a) (b) preferred by the liable party; or directed by the court.
(2) Despite any preferences of the liable party, the court may direct under subclause (1)(b) that the land be sold— (a) (b) before the chattels; or at the same time as a specified chattel or a specified class of chattels.

5 10 15 (3) If the proceeds of the sale of the chattels or of the land or of the land and some of the chattels are insufficient to satisfy the amount required by the sale order, the enforcing officer must 20 sell the remaining seized property.
Compare: 1908 No 89 Schedule 2 r 602 17.77 (as substituted by 2008 No 90 s 8) 17.78 Power of liable party or mortgagee to give directions concerning sale of land (1) A liable party whose interest in land is to be sold or a mort- 25 gagee of that interest may by notice require that any specified portions of the land that may lawfully be sold separately be sold first.
(2) A notice under subclause (1) must be— (a) (b) in writing; and delivered to an enforcing officer at least 10 working days before the date of the sale.

30 676 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 6—continued (3) If the liable party and a mortgagee deliver conflicting require- ments under subclause (1), the mortgagee’s requirement pre- vails.
(4) An enforcing officer must sell the specified portions first in (5) accordance with a notice under subclause (1) or any prevailing 5 mortgagee’s requirement under subclause (3).

If the sum realised by the sale of the specified portions is suf- ficient to satisfy the execution, interest, costs, and expenses, the officer may not sell any other part of the land.

(6) Unless subclause (5) applies, the officer must, after selling the 10 specified portions, proceed with the sale of the remainder.
Compare: 1908 No 89 Schedule 2 r 603 17.78 (as substituted by 2008 No 90 s 8) 17.79 Transfers, etc, to purchaser (1) A valid instrument of transfer, deed of conveyance, or assign- ment to the purchaser of the estate, right, title, or interest of 15 the liable party in any land or chattels sold— (a) must be prepared by the purchaser at the purchaser’s (2) (3) own expense; and (b) must be left for approval with the enforcing officer 4 working days before it is to be executed.
The officer must (if required by the purchaser) execute the instrument if and when the officer approves it.

The instrument, when executed by the officer,— (a) is equally effective for all purposes as if it had been executed by the liable party; and is prima facie evidence of— (i) (b) the existence of a valid judgment and sale order supporting the seizure by the officer; and all necessary notices having been given and pub- lished; and a valid seizure; and a sale having taken place according to law.
(ii) (iii) (iv) Compare: 1908 No 89 Schedule 2 r 604 17.79 (as substituted by 2008 No 90 s 8) 677 20 25 30 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 6—continued 17.80 Effect of possession order (1) A possession order authorises and requires an enforcing officer to deliver possession of the land or chattels described in the order to the person named in the order.
For the purpose described in subclause (1), the officer may— 5 (a) (b) eject any other person from land; or seize and take possession of the chattels.

(2) (3) A possession order may be in form E 8.

Compare: 1908 No 89 Schedule 2 r 550 17.80 (as substituted by 2008 No 90 s 8) 17.81 When possession order may be issued If a judgment orders a party to deliver possession of land or chattels to another party, that other party may issue a posses- sion order.
Compare: 1908 No 89 Schedule 2 r 606 17.81 (as substituted by 2008 No 90 s 8) 17.82 Combined sale and possession order If a judgment orders a party to pay a sum of money and to de- liver possession of land or chattels to another party, that other party may issue a sale and possession order.
Compare: 1908 No 89 Schedule 2 r 607 17.82 (as substituted by 2008 No 90 s 8) Subpart 7—Arrest orders and sequestration orders 10 15 20 17.83 Effect of arrest order (1) An arrest order authorises and requires an enforcing officer to arrest any person named in the order and to bring that person before the court at the time and place specified in the order, 25 and until then, to keep the person in safe custody.

(2) An arrest order may be in form E 9.


Compare: 1908 No 89 Schedule 2 r 551 17.83 (as substituted by 2008 No 90 s 8) 678 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 7—continued 17.84 Power to issue arrest order (1) (2) In this subpart, an original court order means, whether or not the order is in a judgment, a court order to do or abstain from doing something that is not paying a sum of money.
If a party has been served with an original court order but does 5 not comply, a Judge may issue an order arresting the non-com- plying party on the application of a party entitled to the benefit of that order.

Compare: 1908 No 89 Schedule 2 r 608 17.84 (as substituted by 2008 No 90 s 8) 17.85 Power to commit to prison for disobedience (1) A court may commit to prison a party brought before the court on an arrest order unless the party complies with the original court order.
(2) A court may commit a party to prison under subclause (1) for a term that— (a) (b) Compare: 1908 No 89 Schedule 2 r 609 17.85 (as substituted by 2008 No 90 s 8) the court considers necessary; and is allowed by law.

10 15 17.86 Effect of sequestration order (1) A sequestration order authorises and requires the sequestrator 20 to enter and take possession of all the real and personal prop- erty of the party against whom it is directed.
The sequestrator must obtain the rents and profits from the property until— (a) the party clears the party’s contempt of court in the way 25 specified in the order; or the court orders otherwise.

(b) (2) (3) A sequestration order may be in form E 10.
Compare: 1908 No 89 Schedule 2 r 552 17.86 (as substituted by 2008 No 90 s 8) 679 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 7—continued 17.87 Power to issue sequestration order (1) If a party has been served with an original court order or an order to pay money into court but does not comply, the court may issue a sequestration order against the property of the non- complying party.
The court can issue a sequestration order under subclause (1) only on notice to the non-complying party.

The court must appoint a sequestrator of the property and the provisions of rules 7.61 to 7.67 apply, with all necessary modi- fications, as if the sequestrator were a receiver.
Compare: 1908 No 89 Schedule 2 r 610 17.87 (as substituted by 2008 No 90 s 8) 5 10 Subpart 8—Absconding debtors and imprisonment for debt 17.88 Arrest of absconding debtor (1) The plaintiff may make an application without notice for an 15 order to arrest and imprison a defendant under section 38 of the Act.

The defendant may at any time before or after arrest apply to the court to rescind or vary the order or to be discharged from custody, or for other relief.
The court may make any order that is just on an application under subclause (2).

Compare: 1908 No 89 Schedule 2 r 611(1)–(3) 17.88 (as substituted by 2008 No 90 s 8) 20 (2) (3) (2) (3) 17.89 Process for order to arrest and imprison defendant (1) An order to arrest and imprison a defendant under section 38 25 of the Act must be— (a) (b) in form E 11; or if in civil proceedings for a penalty it is necessary to prove material prejudice, in form E 12.
30 (2) Concurrent orders may be issued for arrest in different places.

680 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 17—continued Subpart 8—continued (3) (4) The order must be endorsed with the address for service of the plaintiff before it is delivered to the Sheriff.

The Sheriff or other enforcing officer must endorse the actual date of the arrest on the order within 2 working days after the arrest.
Compare: 1908 No 89 Schedule 2 r 611(4)–(7) 17.89 (as substituted by 2008 No 90 s 8) 5 17.90 Security by absconding debtor (1) (c) (b) The security to be given by a defendant to discharge an order to arrest and imprison him or her under section 38 of the Act 10 may be— (a) a deposit in court of the amount mentioned in the order; or a bond to the plaintiff by the defendant and 2 sufficient sureties; or with the plaintiff’s consent, any other form of security.
(2) Within 4 working days of receiving details of the names and addresses of the proposed sureties and the form of the pro- posed bond, the plaintiff may give a notice of objection to the sureties and form of bond, with details of the reasons for ob- 20 jection.

If the plaintiff gives a notice under subclause (2), the Registrar must determine the sufficiency of the security, and the Regis- trar has the power to award the costs of the reference to either party.
Compare: 1908 No 89 Schedule 2 r 612 17.90 (as substituted by 2008 No 90 s 8) (3) 15 25 17.91 Orders about security The court may, at any time, order— (a) that the whole or part of a sum of money paid or secured under rule 17.90 be paid to the plaintiff; or that any security given under rule 17.90 by the defen- dant be enforced.
30 (b) Compare: 1908 No 89 Schedule 2 r 613 17.91 (as substituted by 2008 No 90 s 8) 681 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 17—continued Subpart 8—continued 17.92 Discharge on payment (1) An enforcing officer must give a receipt for the payment into (2) (3) court of the amount required by an order under rule 17.91.

The plaintiff or the plaintiff’s solicitor must give a certificate of receipt of the bond or other security required by an order 5 under rule 17.91.
The defendant is entitled to be discharged out of prison when a receipt or certificate under this rule is given to the Sheriff.
Compare: 1908 No 89 Schedule 2 r 614 17.92 (as substituted by 2008 No 90 s 8) Part 18 Applications in equity and under statutes Subpart 1—Application 18.1 Types of proceedings This Part applies to the following types of proceedings: (a) Equitable jurisdiction proceedings in which the relief claimed is wholly within the equitable jurisdiction of the court, such as— (i) 10 15 the determination of a claim to an entitlement as beneficiary under a will or trust or on the intes- tacy of a deceased person, or as creditor of a de- 20 ceased person, whether the claim is made by the person claiming to be entitled or by that person’s assignee or successor: the ascertainment of a class of creditors, benefi- ciaries under a will, or persons entitled on the in- 25 testacy of a deceased person, or of beneficiaries under a trust: the giving of particular accounts by executors, administrators, or trustees: the payment into court of money held by execu- 30 tors, administrators, or trustees: the giving of directions to persons in their cap- acity as executors, administrators, trustees, or (ii) (iii) (iv) (v) 682 (b) 5 10 15 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 18—continued Subpart 1—continued (vi) (vii) beneficiaries to do or abstain from doing a par- ticular act: the approval of a sale, purchase, compromise, or other transaction by executors, administrators, or trustees: the carrying-on of a business authorised to be carried on by any deed or instrument creating a trust or by the court: (viii)
 the interpretation of a deed or instrument creating (ix) a trust: the determination of a question that arises in the administration of an estate or trust or whose de- termination is necessary or desirable to protect the executors, administrators, or trustees: (iv) Determinations by court under statutes proceedings in which the relief is claimed solely under the following enactments: (i) (ii) (iii) the Care of Children Act 2004: the Charitable Trusts Act 1957: the Companies Act 1993 (not being a proceeding
 20 properly brought under Part 19 or 31 of these rules): the Corporations (Investigation and Manage- ment) Act 1989: the Declaratory Judgments Act 1908: the Family Protection Act 1955: the Incorporated Societies Act 1908: (v) (vi) (vii) (viii) the Industrial and Provident Societies Act 1908: the Insolvency Act 2006 and the Insolvency (ix) (Cross-border) Act 2006: sections 140, 143, 144, 145, 145A, and 148 of the Land Transfer Act 1952 (which relate to caveats): the Law Reform (Testamentary Promises) Act 1949: (xi) (x) 30 25 683 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 18—continued Subpart 1—continued (xii) the Mental Health (Compulsory Assessment and Treatment) Act 1992: (xiii) the Trustee Act 1956: (xiv) any repealed enactment to which Part 4 of the High Court Rules applied immediately before 5 commencement of the Schedule of the Judicature (High Court Rules) Amendment Act 2008 if the enactment continues to apply to the plaintiff: Contracts for sale of land any proceeding by a party to, or an assignee of, a con- 10 tract for the sale of the freehold or leasehold in any land, for relief in respect of— (i) (ii) (iii) any requisitions or objections; or any claim for compensation; or any other question arising out of or connected 15 with the contract (not being a question affecting the existence or validity of the contract): Mortgages and charges over land any proceeding by a person affected by a mortgage or charge (whether legal or
 equitable) of an interest in land 20 for the purpose of determining— (i) the person’s rights or obligations under the mort- gage or charge; or the exercise or purported or threatened exercise of any right or power alleged to arise out of the 25 mortgage or charge: (ii) (c) (d) (e) Proceedings directed by court any other proceeding to which the court directs that this Part is to apply.
Compare: 1908 No 89 Schedule 2 rr 447, 448, 448B, 448C, 449 r 18.1 (as 30 substituted by 2008 No 90 s 8) 684 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 18—continued Subpart 1—continued 18.2 Limited application of this Part to proceedings under Property (Relationships) Act 1976 Rule 18.14 (which relates to joinder of claims and consolida- tion) and rule 18.15 (which relates to evidence) apply to pro- ceedings transferred to the court by order of a Family Court 5 Judge under section 22(3) of the Property (Relationships) Act 1976, but no other rule in this Part applies to proceedings under that Act.
Compare: 1908 No 89 Schedule 2 r 448D 18.2 (as substituted by 2008 No 90 s 8) 10 18.3 This Part subject to rules under other Acts The application of this Part to a proceeding brought under an Act is subject to any rules in force under that Act.
Compare: 1908 No 89 Schedule 2 r 448(2) 18.3 (as substituted by 2008 No 90 s 8) 15 18.4 Commencement of proceedings (1) A proceeding under this Part must be— (2) (a) (b) commenced by statement of claim; and accompanied by an application for directions as to ser- vice and representation under rule 18.7.
20 The application of this Part to a proceeding does not prevent the commencement of that proceeding by originating applica- tion if it is eligible to be so commenced under Part 19, in which event this Part does not apply.
Compare: 1908 No 89 Schedule 2 r 449A 18.4 (as substituted by 2008 No 90 25 s 8) Subpart 2—Special provisions concerning pleadings, directions, and affidavits 18.5 Naming of defendants in cases involving deceased estates (1) or trusts This rule applies to a proceeding that— (a) involves a deceased estate or a trust; and 30 685 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 18—continued Subpart 2—continued (2) (3) (b) is not commenced by the personal representative of the deceased person or the trustee of the trust.
The only defendant that may be named in the statement of claim is the personal representative or the trustee.

In proceedings under the Family Protection Act 1955 or the 5 Law Reform (Testamentary Promises) Act 1949, the only de- fendant that may be named in the statement of claim is the personal representative of the deceased person against whose estate the claim is brought.
Compare: 1908 No 89 Schedule 2 r 450(1), (2) 18.5 (as substituted by 2008 No 10 90 s 8) 18.6 Persons served by direction of court need not be named as defendant A person who becomes a defendant to a proceeding by being served under a direction of the court need not be named as 15 defendant.
Compare: 1908 No 89 Schedule 2 r 450(3) 18.6 (as substituted by 2008 No 90 s 8) 18.7 Applications for directions as to service (1) This rule applies when— (a) 20 the law requires the making of an application for direc- tions as to service; or the plaintiff is in doubt regarding the persons on whom the statement of claim should be served; or an order is sought that any person represent any other 25 person or class of persons who should be served; or the proceeding is under the Companies Act 1993 and is not a proceeding in the liquidation of a company or an application to set aside a statutory demand under section 290 of that Act; or the court directs that the plaintiff should apply to the court under this rule.
30 (b) (c) (d) (e) 686 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 18—continued Subpart 2—continued The plaintiff must apply to the court without notice for direc- tions as to service and for any orders for representation that may be required.
In support of the application, the plaintiff must provide (by affidavit or otherwise) the information that may be necessary 5 to enable the court to decide what persons or classes of persons are interested in, or may be adversely affected by, the relief sought by the plaintiff and by what means the interests of each such person or class of persons may be adequately represented.
In the case of claims under the Family Protection Act 1955 10 or the Law Reform (Testamentary Promises) Act 1949, the information required by subclause (3) includes— (a) the date of death of the deceased and the date of grant of probate or letters of administration: (c) (d) (b) whether the deceased died testate or intestate, and, if 15 testate, a copy of his or her last will with codicils (if any): the value of the estate, so far as it is known to the plain- tiff: the names, addresses, occupations, and ages of the 20 beneficiaries under the will or persons entitled on in- testacy, as the case may be: the names, addresses, occupations, and ages of the per- sons of each class entitled to claim under the Family Protection Act 1955: any other information that is relevant.
(f) The application must specify the directions sought and be ac- companied by a memorandum by the plaintiff’s solicitor or counsel stating why the directions are sought.

Compare: 1908 No 89 Schedule 2 r 451(1)–(4) 18.7 (as substituted by 2008 No 30 90 s 8) (e) 25 (2) (3) (4) (5) 18.8 Orders giving directions as to service (1) On an application under rule 18.7, the Judge may make any orders for service or representation that the Judge thinks just.
687 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 18—continued Subpart 2—continued (2) (3) If, in a proceeding involving an incapacitated person or minor, the Judge considers it is not necessary to appoint a litigation guardian, the Judge may make orders with regard to the rep- resentation of that person, without the appointment of a litiga- tion guardian under rule 4.35.
The effect of every order for directions as to service or for rep- resentation made under this rule must be set out in the notice of proceeding in accordance with rule 5.23.

Compare: 1908 No 89 Schedule 2 r 451(5), (6) 18.8 (as substituted by 2008 No 90 s 8) 5 10 18.9 Proceeding without service (1) (2) This rule applies to a statement of claim that need not be served because of an enactment or a direction of a Judge.
The facts alleged in the statement of claim must be verified by or on behalf of the plaintiff by an affidavit (which may be 15 appended to the statement of claim or filed separately) stating that, so far as they relate to matters within the personal know- ledge of the person making the affidavit, they are true, and, so far as they relate to matters not within that person’s personal knowledge, the person believes them to be true.
20 (3) Despite subclause (2), the Judge may require any fact not within the personal knowledge of the person to be proved by the affidavit of a person who has such personal knowledge.
Compare: 1908 No 89 Schedule 2 r 452 18.9 (as substituted by 2008 No 90 s 8) 18.10 Time for serving claimant’s affidavit in proceedings 25 under Family Protection Act 1955 A claimant against the estate of a deceased person under the Family Protection Act 1955 must, at the time of serving his or her statement of claim, serve his or her own affidavit in support of his or her statement of claim.
Compare: 1908 No 89 Schedule 2 r 456 18.10 (as substituted by 2008 No 90 s 8) 30 688 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 18—continued Subpart 2—continued 18.11 Time for serving affidavit in support of appearance (1) If a defendant in any proceeding to which this Part applies files an appearance in lieu of a statement of defence, the defendant may, at the time of serving the defendant’s appearance, without leave, and at any time afterwards with leave of the court, serve 5 the defendant’s affidavits in support of any matters referred to in the appearance.
These rules apply to affidavits filed under subclause (1) as though they were affidavits filed by a plaintiff in support of a statement of claim.

Compare: 1908 No 89 Schedule 2 r 457 18.11 (as substituted by 2008 No 90 s 8) 10 (2) 18.12 Statement of defence to be filed (1) No affidavit may be filed by a defendant in opposition to the claim of the plaintiff or of any claimant under rule 18.13 unless the defendant has filed and served a statement of defence to the 15 claim or an appearance.
(2) Affidavits filed by any party after a statement of defence or appearance has been filed must be confined to matters put in issue by pleadings or by the appearance.

Subclause (1) is subject to rule 18.11.
Compare: 1908 No 89 Schedule 2 r 458 18.12 (as substituted by 2008 No 90 s 8) (3) 20 Subpart 3—Multiple claims, joinders, and consolidations of claims 18.13 Joining in proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949 (1) A person who is a defendant in a proceeding under the Fam- ily Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949 (party A) must make any claim against the same estate by filing a statement of claim in the proceed- ing, and, when that statement of claim is filed, these rules apply 30 as if— (a) party A were a plaintiff; and 25 689 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 18—continued Subpart 3—continued (b) the plaintiff were a defendant.
(2) When a statement of claim is filed under subclause (1), it is not necessary for party A to apply for directions for service or to file or serve a notice of proceeding but party A must serve party A’s statement of claim and affidavits— (a) (b) (c) on the personal representative; and on the plaintiff; and on all other persons (except party A) whom the plaintiff has been directed to serve.
5 (3) A person, who has not been directed to be served in a pro- 10 ceeding under the Acts specified in subclause (1), must make any claim under those Acts against the same estate by filing a statement of claim in the proceeding, and, when that statement of claim is filed, subclauses (1) and (2) apply as if that person were party A.
Compare: 1908 No 89 Schedule 2 r 453 18.13 (as substituted by 2008 No 90 s 8) 15 18.14 Joinder of claims and consolidation (1) Claims under the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949 may be joined in 1 statement of claim, whether or not the claims are made in the 20 alternative.
Separate proceedings against the estate of the same deceased person may be consolidated under rules 10.12 and 10.13 if they are— (a) (b) proceedings under the Family Protection Act 1955; or proceedings under the Law Reform (Testamentary Promises) Act 1949; or proceedings under the Property (Relationships) Act 1976, transferred to the court by order of a Family Court Judge under section 22(3) of that Act.
(c) 30 25 Compare: 1908 No 89 Schedule 2 r 454 18.14 (as substituted by 2008 No 90 s 8) (2) 690 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 18—continued Subpart 3—continued 18.14A Procedure under section 174 of Companies Act 1993 (1) In a proceeding under section 174 of the Companies Act 1993,— (a) (b) (c) the statement of claim must be in form C 2; and the notice of proceeding must be in form C 3; and an appearance in support or in opposition must be in form C 9.
5 (2) Subpart 2 of Part 7, which relates to interlocutory applications, applies to applications to the court that relate to a company in respect of which an application under section 174 of the 10 Companies Act 1993 is pending.
Compare: 1908 No 89 Schedule 2 r 18.14A (as substituted by r 22 of the High Court Amendment Rules (No 2) 2012) 18.14B Service of order made under section 174 of Companies Act 1993 (1) When an order is made under section 174 of the Companies Act 1993, a registry copy of the order must, unless the court otherwise orders, be served by the plaintiff on— (a) the defendant company in accordance with the Com- panies Act 1993; and the Registrar of Companies.
(b) If the order involves an alteration of the constitution of the company, the Companies Act 1993 applies as the court directs.
Compare: 1908 No 89 Schedule 2 r 18.14B (as inserted by r 7 of the High Court Amendment Rules (No 2) 2011) (2) Subpart 4—Evidentiary requirements 18.15 Evidence generally by agreed statement of facts or affidavit (1) Unless a Judge otherwise directs, evidence in a proceeding to which this Part applies must be given— (a) by means of an agreed statement of facts in accordance with rule 9.57; or by affidavit in accordance with rules 9.72 to 9.89.
(b) 15 20 25 30 691 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 18—continued Subpart 4—continued (2) Unless a Judge otherwise directs, evidence must be given orally in a proceeding— (a) under the Law Reform (Testamentary Promises) Act 1949: in which relief by way of specific performance is 5 sought.

(b) (3) Subclause (1) applies to a proceeding in respect of which a direction has been given under subclause (2).
Compare: 1908 No 89 Schedule 2 r 455 18.15 (as substituted by 2008 No 90 s 8) Part 19 Originating applications Subpart 1—Proceedings eligible to be commenced by originating application 10 19.1 Meaning of originating application In these rules, originating application means an application 15 made in accordance with this Part.
Compare: 1908 No 89 Schedule 2 r 19.1 (as substituted by 2008 No 90 s 8) 19.2 Applications under certain enactments Applications to the court under the following enactments must be made by originating application: (a) 20 the Arbitration Act 1996 (other than article 35 of Sched- ule 1 and clause 5 of Schedule 2 of that Act): section 21(1)(a) and (b) and Parts 3, 4, and 5 of the Charitable Trusts Act 1957: sections 228(1)(d), 233(1)(c), 233(2)(c), 236, 290, 25 294(5), 295, and 299 and Part 15A of the Companies Act 1993: sections 34, 41, 95, 97, and 126 of the Coroners Act 2006: sections 58 and 59 of the Corporations (Investigation 30 and Management) Act 1989: (b) (c) (d) (e) 692 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 19—continued Subpart 1—continued (ea) (f) (g) (h) (i) (j) (k) (l) (m) (n) (na) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) 5 15 sections 32 and 33 of the Cultural Property (Protection in Armed Conflict) Act 2012: section 166E of the Customs and Excise Act 1996: section 271 of the Judicature Modernisation Act 2013: the Habeas Corpus Act 2001: section 23A of the Incorporated Societies Act 1908: section 10A of the Industrial and Provident Societies Act 1908: section 170 of the Judicature Modernisation Act 10 2013: sections 132, 133, 140, 143, 145, 145A, 148, and 217 of the Land Transfer Act 1952: sections 30, 37, 52, 166, 180, and 182 of the Lawyers and Conveyancers Act 2006: section 9A(3) of the Law Reform Act 1936: sections 100 and 111 of the Marine and Coastal
 Area (Takutai Moana) Act 2011: section 12(1)(a) of the Minors’ Contracts Act 1969: section 41 of the Patents Act 1953 112 of the Patents 20 Act 2013 (subject to Part 22 of these rules): sections 128, 131, 167, 168, 179, 181, 182, and 186 of the Personal Property Securities Act 1999: the Criminal Proceeds (Recovery) Act 2009: sections 126, 136, 244, 248, 253, 254, 258, 261, and 25 357 of the Property Law Act 2007: the Protection of Personal and Property Rights Act 1988: the Reciprocal Enforcement of Judgments
 Act 1934: section 44C(2) and (8) of the Securities Act 1978: section 47E of the Terrorism Suppression Act 2002: section 76 of the Trustee Act 1956: rule 7.81, 9.60, 24.11, 24.56, 28.4, or 32.2 of these rules: any repealed enactment if— (i) the application under that enactment could have been made by originating application immedi- 30 693 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 19—continued Subpart 1—continued ately before the commencement of these rules; and the enactment continues to apply to the applicant: 5 (ii) sections 74, 140, 141, 165, 187, 193, 196, 197, 210, 211, and 214 of the Unit Titles Act 2010.
(za) Compare: 1908 No 89 Schedule 2 r 458D(1)(a) 19.2 (as substituted by 2008 No 90 s 8) 19.3 Application of this Part to certain kinds of proceeding 10 This Part applies to the following kinds of proceeding: an originating proceeding for contempt of court: (a) an originating proceeding for relief against forfeiture for (b) non-payment of rent.
Compare: 1908 No 89 Schedule 2 r 458D(1)(b), (c) 19.3 (as substituted by 2008 15 No 90 s 8) 19.4 Certain directions may be sought by originating application The following office holders may seek the directions of the court by originating application: (a) (b) (c) a liquidator: a receiver: a judicial manager appointed under Part 1A of the Life Insurance Act 1908: a statutory manager appointed under the Corporations 25 (Investigation and Management) Act 1989: a statutory manager appointed under the Reserve Bank of New Zealand Act 1989.
(d) (e) 20 Compare: 1908 No 89 Schedule 2 r 458D(1)(d) 19.4 (as substituted by 2008 No 90 s 8) 30 19.5 Court may permit proceeding to be commenced by originating application The court may, in the interests of justice, permit any proceed- ing not mentioned in rules 19.2 to 19.4 to be commenced by originating application.

5 (1) 694 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 19—continued Subpart 1—continued (2) (3) The court’s permission may be sought without notice.
The proposed originating application must be filed with an ap- plication for permission under this rule.

Compare: 1908 No 89 Schedule 2 r 458D(1)(e) 19.5 (as substituted by 2008 No 90 s 8) 10 19.5A Directions as to filing of statement of claim and defence A Judge may, by interlocutory order, on the Judge’s own ini- tiative direct the parties to file a statement of claim and a state- ment of defence respectively.
Compare: 1908 No 89 Schedule 2 r 19.5A (as inserted by r 23 of the High Court 15 Amendment Rules (No 3) 2013) 19.6 Certain proceedings must be commenced by interlocutory (1) (2) (3) application This rule applies if— (a) an application under the Arbitration Act 1996 or the 20 Personal Property Securities Act 1999 has been made by originating application; and a party to the application wishes to make another appli- cation in respect of the same arbitration or the same se- curity.
25 (b) The other application must be made by an interlocutory appli- cation that relates to the proceeding commenced by the origin- ating application.

This rule overrides rule 19.2(a) and (q).
Compare: 1908 No 89 Schedule 2 r 458D(5), (6) 19.6 (as substituted by 2008 30 No 90 s 8) Subpart 2—Procedure for originating applications 19.7 Commencement of proceeding (1) A proceeding that may be commenced by originating applica- tion is commenced when the originating application is filed in 5 the proper registry of the court, as determined in accordance 695 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 19—continued Subpart 2—continued (2) with rule 5.1, or when the court gives permission under rule 19.5(1).
This rule— (a) (b) prevails over rule 5.25 and Part 18; but is subject to the special rules for company liquidations in Part 31.

Compare: 1908 No 89 Schedule 2 r 458E(1), (5) 19.7 (as substituted by 2008 No 90 s 8) 10 19.8 Memorandum relating to filing and address for service (1) At the end of the originating application there must be a memo- 15 (2) randum stating the matters set out in rule 5.44.

The memorandum may be in one of the paragraphs of form G 10.
Compare: 1908 No 89 Schedule 2 r 458E(3) 19.8 (as substituted by 2008 No 20 90 s 8) 19.9 Heading of documents (1) The heading of a document presented for filing in a proceeding commenced by originating application must be in form G 1.
(2) However, if there is neither a defendant nor a respondent to 25 the proceeding, the heading must be in the following form: In the matter of [title of enactment] And In the matter of an application by [full name, place of residence, occupation] for an order that 30 [specify nature of the order(s) being sought].
Compare: 1908 No 89 Schedule 2 r 458E(4) 19.9 (as substituted by 2008 No 90 s 8) 19.10 Application of rules relating to interlocutory applications The following rules concerning interlocutory applications (1) apply with all necessary modifications to proceedings com- menced by originating application: 696 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 19—continued Subpart 2—continued (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) 10 rule 7.19 (Contents, form, and filing of interlocutory 5 application): rule 7.20 (Affidavit to be filed with application): rule 7.21 (Filing by post): rule 7.22 (Service of application and supporting affi- davit): rule 7.23 (Application without notice): rule 7.24 (Notice of opposition to application): rule 7.25 (Affidavit to be filed with notice of oppos- ition): rule 7.26 (Affidavit in reply): rule 7.29 (Rules governing affidavits): rule 7.30 (Statements of belief in affidavits): rule 7.40 (Failure to attend): rule 7.42 (Adjournment): rule 7.45 (Interlocutory orders may be made subject to 20 conditions): rule 7.46 (Determination of application without notice): rule 7.47 (Drawing up and sealing interlocutory order).
15 (n) (o) Subclause (1) is subject to the rules in this Part.

(2) (3) Despite subclause (1), rule 7.45, in its application to a pro- 25 ceeding commenced by originating application, is subject to the Act under which the originating application is made.

Compare: 1908 No 89 Schedule 2 r 458F 19.10 (as substituted by 2008 No 90 s 8) 19.11 Directions as to parties and conduct of applications 30 Rule 7.43A applies, with all necessary modifications, to an originating application.
Compare: 1908 Schedule 2 r 19.10 (as substituted by 2008 No 90 s 8) 19.12 Originating applications relating to certain proceedings under Companies Act 1993 (1) Despite rule 19.7, an originating application under section 294(5) or 295 of the Companies Act 1993 must be filed in 697 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 19—continued Subpart 2—continued the same office of the court in which the notice under section 5 294(1) of that Act was filed.
(3) (2) An originating application under section 299 of the Companies Act 1993 must be filed in the proper office of the court, as determined in accordance with rule 31.38.

The affidavit filed in support of an originating application 10 under section 294(5) or 295 of the Companies Act 1993 must have attached to it a copy of the notice under section 294(1) of that Act.
Compare: 1908 No 89 Schedule 2 r 458EA 19.12 (as substituted by 2008 No 90 s 8) 15 19.12A Special provisions for service of applications to remove caveats or set aside statutory demands (1) An originating application under section 143 of the Land Transfer Act 1952 for the removal of a caveat may be served, in accordance with rule 6.5, at the address for service stated 20 in the caveat.
(2) An originating application under section 290 of the Companies Act 1993 to set aside a statutory demand may be served, in accordance with rule 6.5, at the address shown in the statutory demand as the creditor’s address or the address for payment.
Compare: 1908 No 89 Schedule 2 r 19.12A (as inserted by r 8 of the High Court Amendment Rules (No 2) 2009) Subpart 3—Evidence in originating applications 19.13 Evidence Despite rules 7.20 and 7.25 (as applied by rule 19.10), in a proceeding commenced by originating application evidence may be taken orally on oath if the court, on application before or at the hearing, so directs.
Compare: 1908 No 89 Schedule 2 r 458L 19.13 (as substituted by 2008 No 90 s 8) 25 30 698 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 19—continued Subpart 3—continued 19.14 Cross-examination of person making affidavit 5 Rule 9.74 applies to a proceeding commenced by originating application.
Compare: 1908 No 89 Schedule 2 r 458M 19.14 (as substituted by 2008 No 90 s 8) Part 20 Appeals Subpart 1—Preliminary provisions 20.1 Application of this Part (1) This Part applies to appeals to the court under any enactment other than— (a) (b) (c) (d) the Criminal Procedure Act 2011: the Arbitration Act 1996: the Bail Act 2000: appeals by way of case stated under Part 21 of these rules.
10 15 20 (2) (3) For the purposes of subclause (1)(a), appeals under an enact- ment that incorporates provisions (whether modified or not) of the Criminal Procedure Act 2011 are not appeals under the Criminal Procedure Act 2011.

This Part applies subject to any express provision in the en- 25 actment under which the appeal is brought or sought to be brought.
Compare: 1908 No 89 Schedule 2 r 701 20.1 (as substituted by 2008 No 90 s 8) 20.2 Interpretation In this Part,— administrative office means the registry or office at which the decision-maker gave the decision appealed against administrative officer means the Registrar, secretary, or other officer responsible for the administration of the administrative office 30 5 699 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 20—continued Subpart 1—continued decision includes a finding, order, or judgment made by a de- cision-maker decision-maker means a court, tribunal, person, or body of persons— (a) that exercises a power of decision from which there is, 10 or may be, a right of appeal to the court; and against the decision of which an appeal is brought or sought to be brought (b) registry means the registry of the court— (a) at which an appeal is required to be filed under rule 15 20.8(1); or to which documents relating to an appeal are transferred under rule 20.8(3).
(b) Compare: 1908 No 89 Schedule 2 r 702 20.2 (as substituted by 2008 No 90 s 8) Subpart 2—Application for leave to appeal 20 20.3 Application for leave to appeal to court (1) An application for leave to appeal in a case when an enactment provides that an appeal to the court against a decision may not be brought without leave must be made— (a) to the decision-maker or, as the case requires, the court; 25 and (b) within 20 working days after the decision is given.
(2) An application for leave to appeal must be made within 20 working days after the refusal of the decision-maker if— (a) an enactment provides that the court may grant leave to 30 appeal to it against a decision after the decision-maker refuses leave; and the decision-maker refuses leave.

(b) The appeal must be brought— (a) by the date fixed when the decision-maker or the court grants leave; or (b) within 20 working days after the grant of leave, if the decision-maker or the court does not fix a date.
5 (3) 700 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 20—continued Subpart 2—continued (4) Any date fixed by the decision-maker is to be treated as a de- (5) termination for the purposes of rule 7.50.
The decision-maker or, as the case requires, the court may, on application, extend the period for bringing an application under this rule, if the enactment under which the appeal is 10 sought to be brought— (a) (b) permits the extension; or does not limit the time prescribed for making the appli- cation.

(6) A party may apply for the extension of a period before or after 15 the period expires.
(7) An application under this rule must be made on notice to every party affected by the proposed appeal and, if made to the court, must be made by interlocutory application.

In this rule, leave includes special leave.

Compare: 1908 No 89 Schedule 2 r 703 20.3 (as substituted by 2008 No 90 s 8) (8) Subpart 3—Commencement of appeal 20.4 Time for appeal if there is right of appeal (1) (2) An appeal must be brought— This rule applies if a party has a right of appeal to the court.
(a) (b) within the specified period if the enactment that confers the right of appeal specifies a period within which the appeal must be brought; or in every other case, within 20 working days after the decision appealed against is given.

By special leave, the court may extend the time prescribed for appealing if the enactment that confers the right of appeal— (a) (b) permits the extension; or does not limit the time prescribed for bringing the ap- peal.
(3) 20 25 30 (4) An application for an extension— (a) must be made by an interlocutory application on notice to every other party affected by the appeal; and 5 701 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 20—continued Subpart 3—continued (b) may be made before or after the expiry of the time for appealing.
Compare: 1908 No 89 Schedule 2 r 704 20.4 (as substituted by 2008 No 90 s 8) 20.5 Commencement of periods in rules 20.3 and 20.4 For the purposes of rules 20.3 and 20.4, a period begins when 10 the decision to which it relates is given, whether or not— reasons for the decision are given then or later; or (a) formal steps, such as entering or sealing the decision, (b) are necessary or are taken after the decision is given.
Compare: 1908 No 89 Schedule 2 r 705 20.5 (as substituted by 2008 No 90 s 8) 15 20.6 When appeal brought (1) An appeal is brought when the appellant— (a) (b) (c) files a notice of appeal in the court; and files a copy of the notice of appeal in the administrative office; and serves a copy of the notice of appeal on every other party directly affected by the appeal.
Service at the address for service stated in the proceedings to which the appeal relates is sufficient service for the purposes of subclause (1).

Compare: 1908 No 89 Schedule 2 r 706 20.6 (as substituted by 2008 No 90 s 8) 20 25 (2) 20.7 Power to dispense with service Despite rule 20.6(1)(c), the court may dispense with service on a party of a notice of appeal on any terms the court thinks just.
Compare: 1908 No 89 Schedule 2 r 707 20.7 (as substituted by 2008 No 90 s 8) 30 20.8 Filing notice of appeal (1) Subject to any contrary enactment, a notice of appeal must be filed in— (a) the registry of the court nearest to the place where the hearing took place of the matter under appeal; or 5 702 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 20—continued Subpart 3—continued (b) (c) if no hearing took place, in the registry of the court nearest to the place where the decision appealed against was given; or any other registry of the court in which the parties agree that the notice of appeal may be filed.
10 If subclause (1)(c) applies, the parties must endorse on, or file with, the notice of appeal a memorandum recording their agreement to the filing of the notice of appeal in the registry of the court in which it is filed.
The court may on application or on its own initiative in the 15 circumstances set out in subclause (4) direct as follows: (a) the notice of appeal must be filed in another registry of the court; or the documents relating to the appeal must be transferred to another registry of the court.

(b) 20 The circumstances are that it appears to the court that— (a) a notice of appeal has been filed in the wrong registry of the court; or another registry of the court would be more appropriate.
(b) Filing a notice of appeal in the wrong registry of the court does 25 not invalidate an appeal.
Compare: 1908 No 89 Schedule 2 r 20.8 (as substituted by 2008 No 90 s 8) (2) (3) (4) (5) 20.9 Contents of notice of appeal (1) Unless the court otherwise directs, a notice of appeal must— (a) (b) (c) (d) have a heading stating the full name and description of 30 each party and referring to the enactment under which the appeal is brought; and specify the decision or part of the decision appealed against; and specify the grounds of the appeal in sufficient detail to fully inform the court, the other parties to the appeal, and the decision-maker of the issues in the appeal; and specify the relief sought.
703 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 20—continued Subpart 3—continued (2) (3) The notice of appeal must not name the decision-maker as a 5 respondent.

Subclause (2) does not— (a) apply to appeals to the court under the Commerce Act 1986: limit or affect rule 20.17 (which entitles a decision- 10 maker, other than the District Court, to be represented and heard on an appeal).

(b) (4) An appellant may amend a notice of appeal at any time with (5) the leave of a Judge.
If the notice of appeal does not attach a copy of the decision 15 against which the appeal is brought, the appellant must file a copy of that decision immediately it becomes available.

Compare: 1908 No 89 Schedule 2 r 709 20.9 (as substituted by 2008 No 90 s 8) 20.10 Stay of proceedings (1) An appeal does not operate as a stay— 20 (a) (b) of the proceedings appealed against; or of enforcement of any judgment or order appealed against.
(2) Despite subclause (1), the decision-maker or the court may, on application, do any 1 or more of the following pending 25 determination of an appeal: (a) order a stay of proceedings in relation to the decision appealed against: order a stay of enforcement of any judgment or order appealed against: grant any interim relief.
(b) (c) 30 (3) An order made or relief granted under subclause (2) may— (a) (b) relate to enforcement of the whole of a judgment or order or to a particular form of enforcement: be subject to any conditions for the giving of security the decision-maker or the court thinks just.
Compare: 1908 No 89 Schedule 2 r 710 20.10 (as substituted by 2008 No 90 s 8) 704 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 20—continued Subpart 3—continued 20.11 Cross-appeal (1) A respondent wishing to contend at the hearing of an appeal 5 that the decision appealed against should be varied must— (a) file a notice of cross-appeal in the registry of the court; and file a copy of the notice in the administrative office; and serve a copy of the notice on every other party directly 10 affected by the cross-appeal.
(b) (c) (2) A notice of cross-appeal must be filed no later than 2 working days before the case management conference relating to the appeal, except with the leave of the court.

(3) A notice of cross-appeal must specify— 15 (a) (b) the decision or part of the decision to which the cross- appeal relates; and the grounds of the cross-appeal in sufficient detail to fully inform the court, the other parties to the appeal, and the decision-maker of the issues in the cross-appeal; 20 and the relief sought.
(c) The court may, despite a respondent’s failure to file and serve a notice of cross-appeal,— (a) allow the respondent to contend at the hearing that the 25 decision appealed against should be varied; or adjourn the hearing to allow the respondent time to file and serve a notice; or (b) (4) (c) make any other order the court thinks just, including an order for the payment of costs.

30 (5) A respondent may amend a notice of cross-appeal at any time with the leave of the court.
Compare: 1908 No 89 Schedule 2 r 711 20.11 (as substituted by 2008 No 90 s 8) 705 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 20—continued Subpart 3—continued 20.12 Dismissal or stay or abandonment of appeal or (1) (2) (3) cross-appeal The court may, on application, dismiss or stay an appeal or a cross-appeal if the court is satisfied that the appellant or the respondent has failed to proceed with it, or has failed to comply 5 with a direction under rule 7.5.
The appeal is taken to have been dismissed, subject to the re- spondent’s right to apply for an order as to costs, if the appel- lant signs, files, and serves on every other party a statement to the effect that the appellant abandons the appeal.

The cross-appeal is taken to have been dismissed, subject to the appellant’s right to apply for an order as to costs, if the re- spondent signs, files, and serves on every other party a state- ment to the effect that the respondent abandons the cross-ap- peal.
Compare: 1908 No 89 Schedule 2 r 712 20.12 (as substituted by 2008 No 90 s 8) 10 15 20.13 Security for appeal (1) This rule applies to an appeal other than an appeal for which the appellant has been granted legal aid under the Legal Ser- vices Act 2011.

The Judge must fix security for costs at the case management conference relating to the appeal, unless the Judge considers that in the interests of justice no security is required.
The amount of security must be fixed in accordance with the following formula, unless the Judge otherwise directs: (2) (3) a 2 × b where— a b 706 is the daily recovery rate for the proceeding as classified by the Judge under rule 14.4; and is the number of half days estimated by the Judge as the time required for the hearing.
20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 20—continued Subpart 3—continued (4) (5) (6) Security must be paid to the Registrar at the registry of the court no later than 10 working days after the case management conference, unless the Judge otherwise directs.
Except in the case of an appeal under the Part 2 of the Ju- dicature Modernisation Act 2013 (where non-compliance 5 with the security order results in a deemed abandonment of the appeal under section 308 of that Act), if the security is not paid within the time specified under subclause (4), the re- spondent may apply for an order dismissing the appeal.
The Judge must defer the fixing of security until the applica- 10 tion for legal aid has been determined if— (a) an appellant has applied for legal aid under the Legal Services Act 2011; and at the time of the case management conference, the ap- plication has not been determined.
(b) 15 Compare: 1908 No 89 Schedule 2 r 713 20.13 (as substituted by 2008 No 90 s 8) Subpart 4—Matters leading up to hearing (b) (b) 20.14 Order for transcript of evidence (1) The court may order, on application, that— (a) a transcript be made of all or part of the evidence given 20 at the hearing before the decision-maker; and the transcript be sent to the Registrar at the registry of the court.
(2) An application under subclause (1) must be filed no later than the first of the following dates: (a) the date that is 20 working days after the date on which notice of appeal is filed in the court: the working day before the date of the case management conference.

25 (3) (4) The Registrar of the court must give notice in writing to the 30 administrative officer of any order under subclause (1).
The administrative officer must— (a) arrange for the transcript to be made; and 707 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 20—continued Subpart 4—continued (b) (c) certify that the transcript is correct; and send the certified copy of the transcript to the Registrar at the registry of the court.

(5) The court may order, on application by the administrative of- ficer, that a party to the appeal pay some or all of the costs of 5 making the transcript.
(6) An order made under subclause (1) or (5) may be made on any conditions the court thinks just.
Compare: 1908 No 89 Schedule 2 r 714 20.14 (as substituted by 2008 No 90 s 8) 20.15 Report by decision-maker (1) 10 The decision-maker must, if the court directs, provide to the Registrar at the registry of the court a report setting out— (a) any considerations, other than findings of fact, not set out in the decision but to which the decision-maker had regard in making the decision appealed against: any information about the effect that the decision might have on the general administration of the enactment under which the decision was made: any other matters relevant to the decision or to the gen- eral administration of the enactment under which the 20 decision was made that should be drawn to the atten- tion of the court.
15 (b) (c) (2) (3) The Registrar must provide a copy of the report to every party to the appeal.

Every party to the appeal is entitled to be heard, and tender 25 evidence, on any matter referred to in the report.

Compare: 1908 No 89 Schedule 2 r 715 20.15 (as substituted by 2008 No 90 s 8) 20.16 Further evidence (1) Without leave, a party to an appeal may adduce further evi- dence on a question of fact if the evidence is necessary to de- 30 termine an interlocutory application that relates to the appeal.
In all other cases, a party to an appeal may adduce further evidence only with the leave of the court.

(2) 708 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 20—continued Subpart 4—continued (3) (4) The court may grant leave only if there are special reasons for hearing the evidence.
An example of a special reason is that the evidence relates to matters that have arisen after the date of the decision appealed against and that are or may be relevant to the determination of the appeal.

Further evidence under this rule must be given by affidavit, unless the court otherwise directs.
Compare: 1908 No 89 Schedule 2 r 716 20.16 (as substituted by 2008 No 90 s 8) 5 Subpart 5—Conduct of appeal 20.17 Decision-maker entitled to be heard on appeal 10 The decision-maker is entitled to be represented and heard at the hearing of an appeal on all matters arising in it, unless— (a) (b) Compare: 1908 No 89 Schedule 2 r 717 20.17 (as substituted by 2008 No 90 s 8) 15 the decision-maker is the District Court; or the court otherwise directs.

20.18 Appeal is rehearing Appeals are by way of rehearing.
Compare: 1908 No 89 Schedule 2 r 718 20.18 (as substituted by 2008 No 90 s 8) 20.19 Powers of court on appeal (1) After hearing an appeal, the court may do any 1 or more of the 20 following: (a) make any decision it thinks should have been made: (b) direct the decision-maker— (i) (ii) to rehear the proceedings concerned; or to consider or determine (whether for the first 25 time or again) any matters the court directs; or to enter judgment for any party to the proceed- ings the court directs: (iii) (c) make any order the court thinks just, including any order as to costs.
30 709 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 20—continued Subpart 5—continued (2) (3) (4) (5) (6) The court must state its reasons for giving a direction under subclause (1)(b).

The court may give the decision-maker any direction it thinks fit relating to— (a) (b) rehearing any proceedings directed to be reheard; or considering or determining any matter directed to be considered or determined.
5 The court may act under subclause (1) in respect of a whole decision, even if the appeal is against only part of it.

Even if an interlocutory or similar decision in the proceedings 10 has not been appealed against, the court— (a) may act under subclause (1); and (b) may set the interlocutory or similar decision aside; and if it sets the interlocutory or similar decision aside, may (c) make in its place any interlocutory or similar decision 15 the decision-maker could have made.
The powers given by this rule may be exercised in favour of a respondent or party to the proceedings concerned, even if the respondent or party did not appeal against the decision con- cerned.
Compare: 1908 No 89 Schedule 2 r 718A 20.19 (as substituted by 2008 No 90 s 8) 20 20.20 Repayment of judgment sum and interest (1) Subclause (2) applies when— (a) a party to proceedings before a decision-maker (party 25 A) has, in accordance with a judgment or order of the decision-maker, paid an amount to another party to the proceedings (party B); and on appeal to the court, the effect of the court’s determin- ation is that some or all of the amount did not need to 30 be paid.
(b) (2) When this subclause applies, the court— (a) may order party B to repay to party A some or all of the amount paid by party A; and 710 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 20—continued Subpart 5—continued (b) may also order party B to pay to party A interest at a rate no greater than the prescribed rate (within the meaning of section 452(2) of the Judicature Modernisation Act 2013) on the sum ordered to be repaid.
Compare: 1908 No 89 Schedule 2 r 718B 20.20 (as substituted by 2008 No 90 5 s 8) 20.21 Registrar to notify result of appeal On the determination of an appeal, the Registrar must— (a) give notice in writing to the administrative officer of the result of the appeal; and return to the administrative officer any documents and exhibits filed in accordance with any direction given at a case management conference relating to the appeal.
(b) 10 Compare: 1908 No 89 Schedule 2 r 718C 20.21 (as substituted by 2008 No 90 s 8) 15 Subpart 6—Appeals to Court of Appeal 20.22 Applications for leave (1) This rule applies when an enactment provides that a decision of the court may be appealed to the Court of Appeal with leave of the court.

If this rule applies, an application for leave to appeal must be made to the court within 20 working days after the decision is given.
20 (2) (3) A respondent who wishes to cross-appeal must apply for leave to cross-appeal within 10 working days after the date on which 25 a copy of the application under subclause (2) is served on the respondent.

(4) An application for leave to appeal under subclause (2) or to cross-appeal under subclause (3) must be made by interlocu- tory application.
Compare: 1908 No 89 Schedule 2 rr 718E, 718F r 20.22 (as substituted by 2008 No 90 s 8) 30 711 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 21 Cases stated 21.1 Application (1) This Part applies to— (a) (b) appeals to the court under any Act by way of case stated 5 for a decision on a question of law or fact (or both): other references to the court under any Act by way of case stated for a decision on a question of law or fact (or both).
(2) (3) This Part does not apply to cases stated by an order under rule 10 10.15.

This Part applies subject to any express provision in the en- actment under which the appeal is brought or sought to be brought.
Compare: 1908 No 89 Schedule 2 r 719 21.1 (as substituted by 2008 No 90 s 8) 15 21.2 Some rules in Part 20 apply The following rules apply, with all necessary modifications, to every appeal to which this Part applies: (a) (b) (c) Compare: 1908 No 89 Schedule 2 r 722 21.2 (as substituted by 2008 No 90 s 8) rule 20.4(3) and (4) (extension of time for appeal): rule 20.7 (power to dispense with service): rule 20.10 (stay of proceedings).
20 21.3 Interpretation In this Part, unless the context otherwise requires,— appropriate officer, in relation to a tribunal, means the Regis- 25 trar, secretary, clerk, or any other officer of the tribunal who is responsible for the administration of the tribunal appropriate registry means the registry of the court where the appeal or reference is to be filed decision includes any order made by a tribunal or person tribunal includes any— (a) Minister of the Crown (b) government department or officer 30 712 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 21—continued (c) any other person or body that may be required, or is authorised, by or under any Act to state or refer a case for the opinion of the court.
Compare: 1908 No 89 Schedule 2 r 721 21.3 (as substituted by 2008 No 90 s 8) 21.4 Method of commencing appeal or reference (1) An appellant must commence an appeal to which this Part ap- 5 plies by— (a) (b) (c) giving a notice of appeal to the appropriate officer of the tribunal by which the decision was made, or if there is no such officer, to the person who made the decision; 10 and filing a copy of the notice of appeal in the appropriate registry of the court; and serving a copy of the notice of appeal on every party to the matter in which the decision was given (either 15 before or immediately after the giving and filing of the notice of appeal).
(2) References to which this Part applies that are not appeals (ex- cept for references on a tribunal’s own initiative) commence in accordance with the tribunal’s direction made on applica- 20 tion by a party to the matter in which the question of law or fact (or both) arose.

(3) A reference under subclause (2) must comply with rule 21.9(1).
(4) A reference by a tribunal on its own initiative must be com- 25 menced by filing a case stated, which is signed by the chair- man or other authorised officer of the tribunal, and complies with rule 21.9(1).
Compare: 1908 No 89 Schedule 2 rr 723(1), (2), 724 r 21.4 (as substituted by 2008 No 90 s 8) 30 713 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 21—continued 21.5 Time for appeal A notice of appeal must be given to the tribunal and filed within 20 working days after the date of the decision to which the appeal relates.
Compare: 1908 No 89 Schedule 2 r 724A 21.5 (as substituted by 2008 No 90 s 5 8) 21.6 Notice of appeal Unless otherwise provided by any enactment, every notice of appeal must specify— (a) the decision or the part of the decision appealed from; 10 and the error of law alleged by the appellant (if any); and the question of law or fact (or both) to be resolved; and the relief sought.
(b) (c) (d) Compare: 1908 No 89 Schedule 2 r 724B 21.6 (as substituted by 2008 No 90 15 s 8) 21.7 Place for filing notice (1) The appropriate registry in which to file a notice of appeal is— the registry of the court nearest to the place where the (a) matter was or is being heard; or any other registry of the court in which the parties agree that the notice or case may be filed.
(b) If subclause (1)(a) applies, the court may direct that the notice of appeal be filed in another registry of the court if it appears to the court (on an application by a party) that— (a) the notice of appeal has been filed in the wrong registry of the court; or another registry of the court would be more convenient to the parties.

(b) If subclause (2)(b) applies, the parties must endorse on or file 30 with the notice of appeal a memorandum of their agreement.
Compare: 1908 No 89 Schedule 2 r 724C 21.7 (as substituted by 2008 No 90 s 8) 20 25 (2) (3) 714 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 21—continued 21.8 Lodging of draft case stated (1) Every person who gives a notice of appeal must, as soon as practicable after giving that notice, lodge a draft case with— the appropriate officer of the tribunal by which the de- (a) cision was made or, if there is no such officer, with the 5 person who made the decision; and every party to the matter in which the question of law or fact (or both) arose.
(b) (2) Where the case stated is a reference from a tribunal, the tri- bunal must serve a draft case on every party to the matter in 10 which the question of law or fact (or both) arose.
Compare: 1908 No 89 Schedule 2 r 723(3) 21.8 (as substituted by 2008 No 90 s 8) 21.9 Contents of case (1) A case must state concisely— (a) (b) (c) (d) the circumstances relating to the matter leading to the statement of the case; and the relevant facts as determined by the tribunal (attach- ing copies of documents, if any) necessary to enable the court to decide the questions; and where appropriate, the respective contentions of the par- ties with reference to the questions; and the questions on which the opinion of the court is sought.
(2) Subclause (3) applies when a ground of appeal is— (a) that there was no evidence on which the tribunal could properly reach its decision, or a specified part of it; or that the tribunal reached a wrong conclusion on a ques- tion of fact.

(b) 15 20 25 (3) When this subclause applies, there must be attached to the 30 case— (a) (b) copies of the documents, affidavits, and exhibits that were placed before the tribunal; and a copy of any evidence given at the hearing that has been transcribed.
35 715 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 21—continued (4) A transcript certified as correct by or on behalf of the tribunal requires no further verification of its contents.

(5) No document or transcript of any evidence may be attached to the case unless it is necessary for a proper determination by the court of the question of law or fact (or both) specified in 5 the case.

The draft case may be amended by the tribunal only to correct errors of fact.
The case must be signed by or on behalf of the tribunal.
Compare: 1908 No 89 Schedule 2 r 724D 21.9 (as substituted by 2008 No 90 10 s 8) (6) (7) 21.10 Order for transcription of evidence (1) In any case stated on a question of law or fact (or both), the court may order, on any conditions it thinks just, that a tran- script be made of all or any part of the evidence that was ma- 15 terial to the issues specified in the notice of appeal if— (a) there has been a hearing before the tribunal by which the decision was made and the evidence given at the hearing was recorded but has not been transcribed; and a ground of appeal is either of those referred to in rule 20 21.9(2).
(b) (2) Rule 20.14(2) to (6) applies, with all necessary modifications, in relation to an application for an order for a transcript as if the application were an application for an order under rule 20.14(1).
Compare: 1908 No 89 Schedule 2 r 724E 21.10 (as substituted by 2008 No 90 s 8) 25 21.11 When case deemed to be stated (1) The appellant or the party who sought the stating of a case must ensure that, when the case has been settled and signed by 30 or on behalf of the tribunal,— (a) (b) the case is filed in the appropriate registry; and immediately after the case has been filed in the appro- priate registry, the party filing it must serve a copy on 716 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 21—continued every party to the matter in which the question of law or fact (or both) arose.
(2) A case is deemed to have been stated when a case stated has been filed.

Compare: 1908 No 89 Schedule 2 r 724F 21.11 (as substituted by 2008 No 90 5 s 8) 21.12 Power to amend case (1) The court may send a case back to the tribunal for amend- ment— (a) to clarify the question of law or fact (or both) on which 10 the opinion of the court is sought; or to provide any further information necessary to enable the court to dispose of the questions in the case stated.
(b) (2) The court may amend the case at the hearing.

Compare: 1908 No 89 Schedule 2 r 724G 21.12 (as substituted by 2008 No 90 15 s 8) 21.13 Security for costs The court may order the appellant in a case stated to give se- curity for costs.
Compare: 1908 No 89 Schedule 2 r 724I 21.13 (as substituted by 2008 No 90 20 s 8) 21.14 Determination of questions After hearing and determining the question of law or fact (or both) in a case stated, the court must do 1 or more of the fol- lowing things: (a) in the case of an appeal, reverse, confirm, or amend the decision in respect of which the case was stated: in the case of an appeal, remit the matter to the tribunal for reconsideration and decision in accordance with the opinion of the court on the question of law or fact (or 30 both): in every other case, remit the matter to the tribunal with the opinion of the court: (b) (c) 25 717 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 21—continued in any case, make any other order that is just.
(d) Compare: 1908 No 89 Schedule 2 r 725 21.14 (as substituted by 2008 No 90 s 8) Part 22 Patents 22.1 Interpretation In this Part,— Act means the Patents Act 1953 2013 Commissioner means the Commissioner of Patents journal means the New Zealand Patent Office Journal Journal of the Intellectual Property Office of New Zealand report means a report by a scientific adviser respondent’s notice means a notice given under rule 22.32 scientific adviser includes— an accountant: (a) an actuary: (b) an architect: (c) an engineer: (d) a medical practitioner: (e) a person with scientific qualifications: (f) a surveyor: (g) other specially skilled persons whose opinion in relation (h) to any matter may be of assistance to the court.
Compare: 1908 No 89 Schedule 2 r 725A 22.1 (as substituted by 2008 No 90 s 8) Subpart 1—Scientific advisers 22.2 Appointment (1) In a proceeding under the Act or for infringement of a patent, the court may (with or without an application) appoint an in- dependent scientific adviser to— assist the court; or (a) inquire into and report on any questions of fact or opin- (b) ion that do not involve questions of law or construction.
718 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 22—continued Subpart 1—continued (2) The court must appoint an independent scientific adviser if all parties request it.

Compare: 1908 No 89 Schedule 2 r 725B 22.2 (as substituted by 2008 No 90 s 8) 22.3 Nominating scientific adviser and settling questions and 5 instructions (1) A scientific adviser is nominated by the court.
(2) Questions or instructions to be submitted or given to the sci- entific adviser must be settled by the court.

Compare: 1908 No 89 Schedule 2 r 725C 22.3 (as substituted by 2008 No 90 10 s 8) 22.4 Report (1) A report by a scientific adviser must— (2) (3) (a) (b) be made in writing to the court; and be accompanied by the number of copies the court re- 15 quires.

The court must forward copies of the report to the parties.
If a report is not accepted by all parties to a proceeding, it must be— treated as information furnished to the court; and (a) (b) given the weight the court considers appropriate.

Compare: 1908 No 89 Schedule 2 r 725D 22.4 (as substituted by 2008 No 90 s 8) 20 22.5 Cross-examination (1) A party may, within 10 working days of receiving a copy of 25 a report, or within any longer time the court directs, apply for leave to cross-examine a scientific adviser on his or her report.
The court may make an order for cross-examination of the scientific adviser at the hearing.

(2) (3) At the hearing, the court must direct at what stage the scientific 30 adviser will be called.
Compare: 1908 No 89 Schedule 2 r 725E 22.5 (as substituted by 2008 No 90 s 8) 719 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 22—continued Subpart 1—continued 22.6 Experiment or test (1) If the scientific adviser considers that an experiment or test (other than one of an insignificant nature) is necessary in order to report in a satisfactory manner, he or she must— (a) (b) inform the parties; and endeavour to get agreement between the parties on ex- penses for, and the persons to attend, the experiment or test.
5 (2) If there is no agreement between the parties, those matters are to be determined by the court.

Compare: 1908 No 89 Schedule 2 r 725F 22.6 (as substituted by 2008 No 90 s 8) 10 22.7 Further or supplementary report (1) The court may direct a scientific adviser to make a further or supplementary report.

Rules 22.4 and 22.5 apply to further or supplementary reports.
15 Compare: 1908 No 89 Schedule 2 r 725G 22.7 (as substituted by 2008 No 90 s 8) (2) 22.8 Remuneration A scientific adviser’s remuneration must be fixed by the court, and includes— (a) (b) Compare: 1908 No 89 Schedule 2 r 725H 22.8 (as substituted by 2008 No 90 s 8) the costs of making a report; and a proper daily fee for attendance at court.
20 Subpart 2—Amending specification 22.9 Application of subpart to application under section 39 89 This subpart applies to an application made by a patentee under section 39 89 of the Act for an order to amend the pa- tentee’s complete specification.

Compare: 1908 No 89 Schedule 2 r 725X 22.


9 (as substituted by 2008 No 90 30 s 8) 25 720 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 22—continued Subpart 2—continued 22.10 Notifying Commissioner The patentee must notify the Commissioner of an intention to make an application to amend.
Compare: 1908 No 89 Schedule 2 r 725Y 22.10 (as substituted by 2008 No 90 s 8) 5 22.11 Advertisement (1) A notice must be accompanied by a copy of a suitable adver- (2) (3) tisement of the proposed amendment.

The Commissioner must publish the advertisement in the jour- nal (on 1 occasion).
The advertisement must— (a) contain particulars of the proposed amendment and of the patentee’s address for service within New Zealand; and state that any person who wishes to oppose the amend- 15 ment must, within 10 working days after the date of the actual issue of the journal, give written notice to the pa- tentee.
(b) 10 Compare: 1908 No 89 Schedule 2 r 725Z 22.11 (as substituted by 2008 No 90 s 8) 20 22.12 Right to be heard A person giving notice under rule 22.11(3)(b) is entitled to be heard, subject to any direction of the court on costs.
Compare: 1908 No 89 Schedule 2 r 725ZA 22.12 (as substituted by 2008 No 90 s 8) 22.13 Time for making application The patentee must, as soon as practicable after the expiration of 15 working days after the date of the issue of the journal in which an advertisement of the proposed amendment is pub- lished, proceed by way of interlocutory application.
Compare: 1908 No 89 Schedule 2 r 725ZB 22.13 (as substituted by 2008 No 90 s 8) 25 30 721 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 22—continued Subpart 2—continued 22.14 Service of notice of interlocutory application The patentee must serve notice of the interlocutory applica- tion, together with a copy of the specification certified by the Commissioner showing the proposed amendment in distin- guishing ink or type, on— (a) (b) (c) the Commissioner; and the parties; and any person who has given notice of an intention to op- pose.
5 Compare: 1908 No 89 Schedule 2 r 725ZC 22.14 (as substituted by 2008 No 10 90 s 8) 22.15 Duty of court to give directions (b) On hearing the interlocutory application, the court must— (a) decide whether and on what terms an application is al- lowed to proceed (whether in relation to costs or other- 15 wise); and direct whether the application is to be heard on oral or affidavit evidence, and, if on affidavit evidence, fix the times within which affidavits must be filed by the parties and other persons entitled to be heard under the Act or 20 the rules.
Compare: 1908 No 89 Schedule 2 r 725ZD 22.15 (as substituted by 2008 No 90 s 8) 22.16 Procedure when amendment allowed (1) If the court makes an order allowing a specification to be 25 amended,— (a) the patentee must immediately lodge a copy of the order with the Commissioner; and the Commissioner must advertise the order on 1 occa- sion in the journal and otherwise as the court may direct.
30 (b) (2) A patentee must, if required by the court or the Commissioner, leave a new specification and drawings as amended and pre- pared under the Patents Regulations 1954 at the Patent Office.

722 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 22—continued Subpart 2—continued Patents Regulations 2014 of the Intellectual Property Office of New Zealand.
Compare: 1908 No 89 Schedule 2 r 725ZE 22.16 (as substituted by 2008 No 90 s 8) Subpart 3—Revoking patent 22.17 Application by originating application (1) An application to the court to revoke a patent under section 41 section 112 of the Act (not being an application made in the course of a proceeding) must be by way of an originating application.

The originating application must be filed in the registry of the court at Wellington (unless the court otherwise directs).
Compare: 1908 No 89 Schedule 2 r 725ZF 22.17 (as substituted by 2008 No 90 s 8) (2) 22.18 Respondent begins proceeding The respondent is entitled— (1) (a) (b) to begin and give evidence in support of the patent; and to reply, if the applicant gives evidence impeaching the validity of the patent.

5 10 15 (2) This rule has effect despite rule 10.10.
Compare: 1908 No 89 Schedule 2 r 725ZG 22.18 (as substituted by 2008 No 90 s 8) 20 Subpart 4—Objections 22.19 Particulars if validity of patent disputed Particulars of an objection to the validity of a patent must— 25 (a) be delivered with— (i) an application for revocation under section 41 of the Act; or a defence in a proceeding for infringement of a patent; or a counterclaim for revocation under section 70 of the Act; and 30 (ii) (iii) 723 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 22—continued Subpart 4—continued (b) (c) include the grounds on which the validity of the patent is disputed; and include particulars clearly stating issues intended to be raised.
Particulars of an objection to the validity of a patent must— 5 (a) be delivered with— (i) an application for revocation under section 112 of the Act; or a defence in a proceeding for infringement of a patent; or a counterclaim for revocation under section 147 of the Act; and 10 (ii) (iii) (b) (c) include the grounds on which the validity of the patent is disputed; and include particulars clearly stating issues intended to be 15 raised.
Compare: 1908 No 89 Schedule 2 r 725ZH 22.19 (as substituted by r 12 of the High Court Amendment Rules 2014) 22.20 Particulars if want of novelty alleged (1) The particulars of an objection on the basis of want of novelty 20 must state the time and place of the alleged previous know- ledge, publication, or use.
The particulars of an objection on the basis that the invention has been used prior to the date of the patent must— (a) state the name and address of the alleged prior user and 25 the place of prior use; and state whether the prior use is alleged to have continued to the date of the patent, and, if not, the earliest and latest dates on which the prior use is alleged to have taken place; and contain a description (accompanied by drawings, if ne- cessary) sufficient to identify the alleged prior use; and if the use relates to machinery or apparatus, specify whether it is in existence and where it may be inspected.
30 (b) (c) (d) (2) 724 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 22—continued Subpart 4—continued (3) Evidence that exists at the date of delivery of the particulars about machinery or apparatus in relation to which prior use is alleged is not able to be received, unless it is proved that the party relying on the prior use has,— (a) if the machinery or apparatus is in that party’s own pos- 5 session, offered an inspection of it; or if the machinery or apparatus is not in that party’s own possession, used best endeavours to obtain an inspec- tion of it for the other parties to the proceeding.
(b) Compare: 1908 No 89 Schedule 2 r 725ZI 22.20 (as substituted by 2008 No 90 10 s 8) 22.21 Service of notice on Solicitor-General A party that intends to dispute the validity of a patent in a proceeding must— (a) give notice of that intention to the Solicitor-General at 15 least 15 working days before the hearing; and supply the Solicitor-General with a copy of papers filed in the proceeding by that party or papers filed by any other party that the Solicitor-General requires.
(b) Compare: 1908 No 89 Schedule 2 r 725ZJ 22.21 (as substituted by 2008 No 90 20 s 8) 22.22 Particulars supplied by plaintiff In a proceeding for infringement of a patent, the plaintiff must— (a) deliver particulars of the breaches relied on with the 25 plaintiff’s statement of claim; and state which aspects of the specification of the patent are alleged to be infringed; and (c) give at least 1 instance of each type of infringement.
Compare: 1908 No 89 Schedule 2 r 725ZK 22.22 (as substituted by 2008 No 30 90 s 8) (b) 725 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 22—continued Subpart 4—continued 22.23 Particulars supplied by defendant (1) A defendant in a proceeding for infringement of a patent who intends to rely on a defence that the patentee inserted a con- dition in a contract that is void (by virtue of section 66 of the Act) must deliver with the defendant’s statement of claim— 5 (a) full particulars of the dates of, and parties to, all con- tracts on which the defendant intends to rely; and full particulars of the conditions on which the defendant intends to rely.
(b) (2) The defendant is not entitled to rely on a defence under section 10 66(2) of the Act if those particulars are not delivered.

Compare: 1908 No 89 Schedule 2 r 725ZL 22.23 Particulars supplied by defendant [repealed] 22.24 Evidence restricted to particulars delivered (1) No person may be heard or adduce evidence in support of an alleged infringement, objection, or defence so far as it relates to matters that are not specified in, or are at variance with, the particulars that person has delivered.
15 (2) Despite subclause (1), the court may grant leave on terms it 20 considers appropriate.

Compare: 1908 No 89 Schedule 2 r 725ZM 22.24 (as substituted by 2008 No 90 s 8) 22.25 Amendment of particulars (1) Particulars filed in the court under these rules may be amended 25 by leave of the court on terms the court considers just.

Further and better particulars may at any time be ordered by the court.

This rule has effect despite rule 7.77.


Compare: 1908 No 89 Schedule 2 r 725ZN 22.25 (as substituted by 2008 No 30 90 s 8) (2) (3) 726 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 22—continued Subpart 5—Appeals 22.26 Application of Part 20 Part 20 applies to an appeal under the Act, unless modified by or inconsistent with this Part or the Act.
Compare: 1908 No 89 Schedule 2 r 725ZZA 22.26 (as substituted by 2008 No 5 90 s 8) 22.27 Method and time of bringing appeal (1) A person who wishes to appeal from a decision of the Com- missioner in relation to which a right of appeal is given by the Act must file a notice of appeal in the court.

The notice of appeal must be filed within 20 working days after the date of the Commissioner’s decision.
(2) (3) Other than with the leave of the court, an appeal must not be entertained unless notice of appeal has been given within the 20-working-day period.
Compare: 1908 No 89 Schedule 2 rr 725ZO, 725ZP 22.27 (as substituted by 2008 No 90 s 8) 10 15 22.28 Contents of notice of appeal A notice of appeal must state— (a) (b) (c) (d) the decision or part of the decision appealed against; and 20 any error of law alleged; and any question of law to be resolved; and (sp- the ecified par- ticularity in order to give the court and the other parties full information about the issues involved); and the relief sought.
(e) Compare: 1908 No 89 Schedule 2 r 725ZQ 22.28 (as substituted by 2008 No 90 s 8) the reasonable grounds appeal with 25 of 727 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 22—continued Subpart 5—continued 22.29 Grounds of appeal Only grounds stated in the notice of appeal may be allowed to be taken by the appellant at the hearing, unless the court grants leave to do otherwise on terms it considers appropriate.
Compare: 1908 No 89 Schedule 2 r 725ZR 22.29 (as substituted by 2008 No 5 90 s 8) 22.30 Service of notice of appeal An appellant must, within 5 working days of filing a notice of appeal, serve a copy of it on— the Commissioner; and (a) any other party to the proceeding before the Commis- (b) sioner.
Compare: 1908 No 89 Schedule 2 r 725ZS 22.30 (as substituted by 2008 No 90 s 8) 22.31 Commissioner to transmit papers On receiving notice of an appeal, the Commissioner must im- mediately transmit all papers relating to the subject matter of the appeal to the court.
Compare: 1908 No 89 Schedule 2 r 725ZT 22.31 (as substituted by 2008 No 90 s 8) 22.32 Contentions raised by respondent (1) A respondent who has not appealed a decision of the Commis- sioner, but who wishes to contend on appeal that the decision be varied (in any event or in the event of the appeal being al- lowed in whole or in part)— (a) must give notice stating the grounds of the contention and the relief sought by the respondent; and need not file a further notice of appeal.
(b) 10 15 20 25 (2) A respondent who wishes to argue that a decision of the Com- missioner be affirmed on grounds other than those set out in 30 the decision must give notice of those grounds of contention.
Compare: 1908 No 89 Schedule 2 r 725ZU 22.32 (as substituted by 2008 No 90 s 8) 728 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 22—continued Subpart 5—continued 22.33 Respondent’s notice (1) A respondent’s notice must be sent to the Commissioner, the appellant, and every other party to the proceedings before the Commissioner— (a) within 20 working days after the date of the receipt of 5 the notice of appeal by the respondent; or (b) within any longer period the court directs.
(3) (2) A party sending a respondent’s notice must, within 5 working days after the date of the service of the notice on the appellant, give 2 copies of the notice to the court.

If more than 1 party files a notice of appeal, any party (whether or not that party has filed a notice of appeal) may file a re- spondent’s notice in respect of a notice of appeal given by any other party.
Compare: 1908 No 89 Schedule 2 r 725ZV 22.33 (as substituted by 2008 No 15 90 s 8) 10 22.34 Appeal by way of rehearing (1) An appeal is by way of rehearing.

(2) The evidence used on appeal must be the same as that used before the Commissioner.

(3) No further evidence may be given, except with the leave of the court.
Compare: 1908 No 89 Schedule 2 r 725ZW 22.34 (as substituted by 2008 No 90 s 8) 22.35 Proceeding heard and determined in public (1) A proceeding under the Act or for infringement of a patent must be heard and determined in public unless the court directs that it must be heard in private.
(2) Despite subclause (1), a proceeding relating to a decision of the 20 25 Commissioner in a case in which the complete specification 30 of the patent application has not been published must be heard and determined in private unless the court directs that it must be heard in public.
729 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 22—continued Subpart 5—continued (3) A direction given by the court (on its own initiative or on the application of a party to a proceeding) may relate to the whole proceeding or a specified part of it.
Compare: 1908 No 89 Schedule 2 r 725ZX 22.35 (as substituted by 2008 No 90 s 8) 5 22.36 Documentary evidence Rules about the filing of documentary evidence in proceedings before the Commissioner apply to documentary evidence filed on an appeal.
Compare: 1908 No 89 Schedule 2 r 725ZY 22.36 (as substituted by 2008 No 10 90 s 8) 22.37 Cross-examination of witnesses (1) At the request of a party, the court may order that a person who has made a statutory declaration or sworn an affidavit in the matter to which the appeal relates attend for cross-exam- 15 ination.
(2) A party that requires a witness to attend for cross-examination must pay the witness the appropriate fees, allowances, and travelling expenses under the appropriate scales specified in the Schedule of the Witnesses and Interpreters Fees Regula- 20 tions 1974.
Compare: 1908 No 89 Schedule 2 r 725ZZ 22.37 (as substituted by 2008 No 90 s 8) Subpart 6—Costs 22.38 Costs In a proceeding for infringement of a patent, no costs are al- lowed to the parties who deliver particulars of breaches or of objection in respect of any issues raised in those particulars and relating to that patent unless the issues or particulars are certified by the court as— (a) proved; or 25 30 730 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 22—continued Subpart 6—continued reasonable and proper.
(b) Compare: 1908 No 89 Schedule 2 r 725ZZB 22.38 (as substituted by 2008 No 90 s 8) Part 23 Enforcement between jurisdictions Subpart 1—Enforcement under Reciprocal Enforcement of Judgments Act 1934 23.1 Scope and interpretation (1) This subpart applies to the enforcement of judgments under the Act.
(2) With the exception of subclause (3), this subpart does not 5 10 apply to, and does not affect— (a) (b) the enforcement of judgments at common law by a pro- ceeding commenced under Part 5 or 12; or the filing of memorials, and subsequent enforcement, of 15 judgments obtained out of New Zealand (section 170 of the Judicature Modernisation Act 2013 Act).
(4) (3) An application to the court or a Judge under section 170(5) of the Judicature Modernisation Act 2013 Act for an order that the person against whom the judgment was obtained show 20 cause why enforcement process should not issue must be made by originating application under Part 19.
In this Part, unless the context otherwise requires,— Act means the Reciprocal Enforcement of Judgments Act 1934 application for registration means an application made under section 4 of the Act foreign judgment means any judgment to which, under sec- tion 3, 3A, or 3B of the Act, Part 1 of the Act for the time being applies general rules means the rules comprised in the other Parts of these rules.
25 30 731 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 23—continued Subpart 1—continued (5) Unless the context otherwise requires, expressions not defined in this subpart but defined in the Act have the meanings so defined.

Compare: 1908 No 89 Schedule 2 r 726 23.1 (as substituted by 2008 No 90 s 8) 23.2 Application of other Parts 5 The general rules apply except so far as they are modified by or are inconsistent with this subpart.
Compare: 1908 No 89 Schedule 2 r 727 23.2 (as substituted by 2008 No 90 s 8) 23.3 Subpart subject to Orders in Council This subpart has effect subject to provisions in Orders in Coun- 10 cil made under section 3, 3A, or 3B of the Act declared by those Orders in Council to be necessary for giving effect to any agreement made by or on behalf of the Government of New Zealand in relation to matters in respect of which there is power to make rules of court for the purposes of Part 1 of the 15 Act.
Compare: 1908 No 89 Schedule 2 r 728 23.3 (as substituted by 2008 No 90 s 8) 23.4 Method of application for registration (1) An application for registration must be made by originating (2) application in form G 30, and Part 19 applies except so far as 20 it is modified by or inconsistent with this subpart.

The application may be made without notice to the judgment debtor, and if so made the requirement of certification in rule 7.23 applies.
Compare: 1908 No 89 Schedule 2 r 729 23.4 (as substituted by 2008 No 90 s 8) 25 23.5 Title and content of application The heading to each document filed in an application for regis- tration must— (a) include both a reference to the Act and a reference to the judgment sought to be enforced; and 30 732 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 23—continued Subpart 1—continued (b) specify, in relation to the judgment, both the court in which it was given and the parties to the judgment.
Compare: 1908 No 89 Schedule 2 r 730 23.5 (as substituted by 2008 No 90 s 8) 23.6 Place of filing An application for registration must be filed in the registry of 5 the court in which the defendant would have been required to file that defendant’s statement of defence had the proceeding been commenced by way of proceeding on the foreign judg- ment and not by way of application for registration.
Compare: 1908 No 89 Schedule 2 r 731 23.6 (as substituted by 2008 No 90 s 8) 10 23.7 Supporting affidavits Every application for registration must be supported by 1 or more affidavits.

Compare: 1908 No 89 Schedule 2 r 732 23.7 (as substituted by 2008 No 90 s 8) 23.8 Copy judgment and translation (1) The foreign judgment, or a verified or certified or otherwise duly authenticated copy of it, must be attached as an exhibit to an affidavit filed in support of the application for registration.
If the judgment is expressed in a language other than English, a translation of the judgment in English must be filed.

(3) Any such translation must be verified by the affidavit of a per- (2) 15 20 son qualified as a translator from that language.
Compare: 1908 No 89 Schedule 2 r 733 23.8 (as substituted by 2008 No 90 s 8) 23.9 Judicial notice of authentication of judgment Judicial notice must be taken of any seal or signature by which 25 a copy of a foreign judgment is verified and which purports to be— (a) the seal of the court in which the judgment was given or of a Judge or a Registrar or similar officer of the court; or 30 733 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 23—continued Subpart 1—continued (b) the signature of a Judge or Registrar or similar officer of that court.
Compare: 1908 No 89 Schedule 2 r 734 23.9 (as substituted by 2008 No 90 s 8) 23.10 Evidence of exchange rates and interest The affidavit or affidavits filed in support of the application for 5 registration of a money judgment must include,— (a) when the application does not state that the judgment creditor wishes the judgment to be registered in the cur- rency in which it is expressed,— (i) the rate of exchange prevailing on the day of the 10 application between New Zealand currency and the currency in which the sum payable under the judgment is expressed: the amount that the sum payable under the judg- ment represents in New Zealand currency calcu- 15 lated at that rate: (ii) (b) (c) the rate of interest (if any) carried by the judgment by the law of the country under which it is given: the amount of interest that, by that law, will have be- come due under the judgment up to the time of the ap- 20 plication, expressed,— (i) when the application does not state that the judg- ment creditor wishes the judgment to be regis- tered in the currency in which it is expressed, in New Zealand currency calculated under para- 25 graph (a): (ii) when the application states that the judgment is to be registered in the currency in which it is expressed, in that currency.
Compare: 1908 No 89 Schedule 2 r 735 23.10 (as substituted by 2008 No 90 s 8) 30 734 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 23—continued Subpart 1—continued 23.11 Evidence of right to registration (1) An affidavit filed in support of the application for registration must state, to the best of the information and belief of the per- son,— (a) (b) (c) (d) (e) (f) that the applicant is entitled to enforce the judgment; 5 and either— (i) that, at the date of the application, the judgment has not been satisfied; or that, at the date of the application, the judgment 10 has been partly satisfied; and (ii) if, at the date of the application, the judgment has been partly satisfied, the balance remaining payable or other action required to be taken to satisfy the judgment at that date; and that, at the date of the application, the judgment can be enforced in the country of the original court; and that, if the judgment were registered, the registration would not be, or be liable to be, set aside under section 6 of the Act; and the full name, title, trade, or business, and the usual or last known place of abode or of business of the judg- ment creditor and the judgment debtor respectively.
15 20 (2) The person making the affidavit must specify in that affidavit the source of the person’s information and the grounds for his 25 or her belief.
Compare: 1908 No 89 Schedule 2 r 736 23.11 (as substituted by 2008 No 90 s 8) 23.12 Further evidence The application for registration must be supported by whatever other evidence may be required, having regard,— (a) in the case of a money judgment of a superior court, to the Order in Council under section 3 of the Act: in the case of a money judgment of an inferior court, to the Order in Council under section 3A of the Act: (b) 30 735 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 23—continued Subpart 1—continued (c) (d) in the case of a non-money judgment of a superior court, to the Order in Council under section 3B(1) of the Act: in the case of a non-money judgment of an inferior court, to the Order in Council under section 3B(2) of the Act.
5 Compare: 1908 No 89 Schedule 2 r 737 23.12 (as substituted by 2008 No 90 s 8) 23.13 Registration of part of judgment When— (a) (b) a foreign judgment is in respect of different matters; and if some parts of the foreign judgment had been con- 10 tained in separate judgments, those judgments could not properly have been registered,— the application for registration must specify, and the order giv- ing leave to register the foreign judgment must be limited to, the parts that are entitled to registration.
Compare: 1908 No 89 Schedule 2 r 738 23.13 (as substituted by 2008 No 90 s 8) 15 23.14 Security for costs The court may, on any application for registration, order the judgment creditor to give security for the costs of the judgment debtor in opposing the application or in applying to set aside 20 the registration.
Compare: 1908 No 89 Schedule 2 r 739 23.14 (as substituted by 2008 No 90 s 8) 23.15 Order for registration (1) The order giving leave to register a judgment or part of a judg- ment— (a) must state the period, being a period computed from the date of service of notice of registration, within which an application may be made to set aside the registration; and 25 (b) must prohibit enforcement of the judgment until after 30 the expiration of the period stated in paragraph (a).
736 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 23—continued Subpart 1—continued (3) (2) Unless the court otherwise orders, the period stated under sub- clause (1)(a) must be the same as would apply under the gen- eral rules to the filing of a statement of defence in a proceeding.
The court may, on an application made at any time while it re- mains competent for any party to apply to have the registration 5 set aside, grant an extension of the period (either as originally fixed or as subsequently extended) during which an applica- tion to have the judgment set aside may be made.

It is not necessary to serve an order made under subclause (1) on the judgment debtor.
Compare: 1908 No 89 Schedule 2 r 740 23.15 (as substituted by 2008 No 90 s 8) (4) 10 23.16 Method of registration (1) (2) The registration of every judgment ordered to be registered under the Act must be effected by entry of particulars in an appropriate record book kept by the Registrar.
The record book must state— (a) (b) the date of the order for registration: the name, title, trade, or business of the judgment cred- itor and the judgment debtor: the usual or last known place of abode or business of 20 the judgment creditor and the judgment debtor: in the case of a money judgment, the sum payable under the judgment, expressed,— (i) (c) (d) 15 when the application states that the judgment creditor wishes the judgment to be registered in 25 the currency in which it is expressed, in that cur- rency; or in any other case, as if it were for an equivalent amount in New Zealand currency, based on the rate of exchange prevailing on the day of the ap- 30 plication for registration: (ii) (e) the interest (if any), up to the time of registration, for which the judgment is registered: 737 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 23—continued Subpart 1—continued (f) (g) (h) (i) where the judgment is a non-money judgment, particu- lars of the judgment: the costs allowed of and incidental to registration: any special directions contained in the order for regis- tration: the particulars of any action taken to enforce the judg- ment.
5 Compare: 1908 No 89 Schedule 2 r 741 23.16 (as substituted by 2008 No 90 s 8) 23.17 Date of registration (1) The date of the order for registration and the date of the regis- 10 tration are to be treated as the date when the originating appli- cation was filed.

Subclause (1) is subject to a court order.


Compare: 1908 No 89 Schedule 2 r 742 23.17 (as substituted by 2008 No 90 s 8) (2) 23.18 Notice of registration (1) Notice in writing of the registration of a foreign judgment in New Zealand must be served on the judgment debtor.

The notice must be served personally in accordance with the general rules unless some other mode of service is ordered by the court.
(2) 15 20 (3) Despite rule 6.28, if the judgment debtor is out of New Zealand, the notice may be served without the leave of the court.
Compare: 1908 No 89 Schedule 2 r 743 23.18 (as substituted by 2008 No 90 s 8) 23.19 Contents of notice of registration (1) The notice of registration must state— (a) 25 full particulars of— (i) (ii) (iii) the judgment registered; and the order for registration; and any special direction contained in the order for 30 registration; and 738 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 23—continued Subpart 1—continued (b) whether the notice is issued by the judgment creditor or (e) (c) (d) by a solicitor on behalf of the judgment creditor; and an address for service; and subject to subclause (2), the right of the judgment debtor to apply, on the grounds appearing in the Act, to have 5 the registration set aside; and in accordance with the terms of the order giving leave to register, within what period from the date of service of the notice an application to set aside may be made.
Subclause (1)(d) does not require the notice to set out the 10 grounds on which the registration can be set aside.

Compare: 1908 No 89 Schedule 2 r 744 23.19 (as substituted by 2008 No 90 s 8) (2) 23.20 Application to set aside registration (1) An application to set aside the registration of a foreign judg- ment must be made by interlocutory application.
15 (2) On any such application, the court may direct that an issue between the judgment creditor and the judgment debtor must be stated and tried and may give such directions in relation to the trial of the issue as may be necessary.
Compare: 1908 No 89 Schedule 2 r 745 23.20 (as substituted by 2008 No 90 s 8) 20 23.21 Determination of certain questions If, whether under the Act or under this subpart, any question arises about whether a judgment to which Part 1 of the Act applies can be enforced in the country of the original court, or what interest is payable under any judgment under the law of 25 that country, that question must be determined in accordance with,— (a) in the case of a money judgment of a superior court, the Order in Council under section 3 of the Act: in the case of a money judgment of an inferior court, the 30 Order in Council under section 3A of the Act: in the case of a non-money judgment of a superior court, the Order in Council under section 3B(1) of the Act: (b) (c) 739 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 23—continued Subpart 1—continued (d) in the case of a non-money judgment of an inferior court, the Order in Council under section 3B(2) of the Act.
Compare: 1908 No 89 Schedule 2 r 746 23.21 (as substituted by 2008 No 90 s 8) 23.22 Enforcement of judgments (1) A registered judgment must not be enforced at any time in— 5 (a) (b) (c) the period specified in the order for registration; or any extension of the period specified in the order for registration; or the period between the filing and the disposal of any 10 application to set aside the registration.
(2) In every case the fact and date of service of the notice of regis- tration must be proved by an affidavit.
Compare: 1908 No 89 Schedule 2 r 747 23.22 (as substituted by 2008 No 90 s 8) 15 20 25 23.23 Form of enforcement process The form of an enforcement process within the meaning of rule 17.3 issued on a foreign judgment registered under the Act must— (a) specify the sum awarded, or the order or other relief granted; and state the name and address of the judgment creditor; and name the judgment debtor against whom the judgment was obtained; and name the court in which the judgment was obtained and the date of that judgment; and certify that the judgment has been duly registered in the High Court pursuant to Part 1 of the Reciprocal En- forcement of Judgments Act 1934.
(b) (c) (d) (e) Compare: 1908 No 89 Schedule 2 r 748 23.23 (as substituted by 2008 No 90 s 8) 740 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 23—continued Subpart 2—Certified copy procedure 23.24 Method of application (1) An application under section 11 of the Act for a certified copy of a judgment obtained in the court must be made by applica- tion without notice filed in the registry of the court in which 5 the judgment was sealed.
The application must be supported by the affidavit of the judg- ment creditor or the judgment creditor’s solicitor, and that af- fidavit must— (a) (2) (b) (c) (d) (e) (f) give particulars of the proceeding in which the judg- 10 ment was sealed; and attach— (i) a copy of the statement of claim by which the proceeding was instituted; and evidence of the service of the statement of claim 15 upon the judgment debtor or of appearance by the judgment debtor in the proceeding; and copies of the pleadings, if any, in the proceeding; and (ii) (iii) verify the copies of evidence attached to it in accordance 20 with paragraph (b); and state the grounds on which the judgment was based; and state whether the judgment debtor did or did not object to the jurisdiction, and, if so, on what grounds; and state— (i) that the judgment is not subject to any stay of execution or of enforcement; and that no notice of appeal against it has been given; and (ii) 25 (iii) whether the time for appealing has expired; and state the rate at which the judgment carries interest.
(g) Compare: 1908 No 89 Schedule 2 r 749 23.24 (as substituted by 2008 No 90 s 8) 30 741 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 23—continued Subpart 2—continued 23.25 Issue of certified copy (1) It is not necessary to seal any order made on an application under rule 23.24; instead, the Registrar must issue to the judg- ment creditor— (a) a copy of the judgment sealed with the seal of the court, 5 which copy must be certified by the Registrar— (i) (ii) to be a true copy; and to be issued in accordance with section 11 of the Act; and (b) a separate certificate under the seal of the court in which 10 the Registrar must certify— (i) the matters stated in the affidavit filed in accord- ance with rule 23.24(2); and any other particulars it is necessary to give to the court or tribunal in which enforcement of the 15 judgment will be sought.
(ii) (2) In giving a certificate under subclause (1)(b) the Registrar is entitled to rely on the affidavit filed under rule 23.24(2) and the documents attached to it.

Compare: 1908 No 89 Schedule 2 r 750 23.25 (as substituted by 2008 No 90 s 8) 20 Part 24 Insolvency Subpart 1—Scope 24.1 Interpretation (1) In this Part, unless the context otherwise requires, Act means 25 the Insolvency Act 2006.
In this Part, unless the context otherwise requires, expressions defined in the Act and used but not defined in this Part have the meanings given by the Act.

Subclause (1) does not apply to subpart 15 (cross-border pro- 30 ceedings).
Compare: 1908 No 89 Schedule 2 r 819 24.1 (as substituted by 2008 No 90 s 8) (2) (3) 742 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 24—continued Subpart 1—continued 24.2 Application of Part This Part applies to matters arising under the Act or Part 4 of the Administration Act 1969, and to proceedings relating to them in the court, whenever commenced.
Compare: 1908 No 89 Schedule 2 r 820 24.2 (as substituted by 2008 No 90 s 8) 5 24.3 Application of general rules and practice of court The other Parts of these rules and the general practice of the court apply when this Part applies, unless they are modified by or inconsistent with the Act or this Part.

Compare: 1908 No 89 Schedule 2 r 821 24.3 (as substituted by 2008 No 90 s 8) 10 Subpart 2—Proceedings generally 24.4 Forms (1) (2) The prescribed forms must be used whenever appropriate.
If a form has not been prescribed for an application, it must be an interlocutory application, and an order made on that ap- 15 plication must be in the form prescribed for an interlocutory order.

If subclause (2) does not apply, the parties may frame a form for the special purpose of the particular case or the court may frame the form.

If no form is prescribed, a notice must contain sufficient details to inform the recipient fairly of its substance.
20 (3) (4) (5) A warrant to search for and seize a bankrupt’s property under section 150 or 151 of the Act must be in form B 7.
Compare: 1908 No 89 Schedule 2 r 822 24.4 (as substituted by 2008 No 90 s 8) 25 24.5 General requirements of documents filed in court Every document filed must— (a) comply with the rules in subpart 3 of Part 5 so far as they are applicable and with any necessary modifications; and 30 743 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 24—continued Subpart 2—continued (b) be headed by the words “In the matter of the Insolvency Act 2006, and in the matter of the bankruptcy (or pro- posal, as the case may be) of”.
Compare: 1908 No 89 Schedule 2 r 823 24.5 (as substituted by 2008 No 90 s 8) 24.6 Advertising of notices or proceedings 5 An advertisement of a notice or proceeding that is published in a newspaper circulating in the area in which the proceeding is pending must comply with the advertising requirements of the Act or this Part.
Compare: 1908 No 89 Schedule 2 r 824 24.6 (as substituted by 2008 No 90 s 8) 10 15 20 24.7 Discretion of court as to method of taking evidence Unless otherwise provided in this Part, the court may, in any proceeding, take all or any part of the evidence orally or by written interrogatories or on affidavit or by commission, as the court thinks just.
Compare: 1908 No 89 Schedule 2 r 825 24.7 (as substituted by 2008 No 90 s 8) Subpart 3—Bankruptcy notices 24.8 Issue of bankruptcy notice (1) A request for the issue of a bankruptcy notice must be in form (2) B 1.

The Registrar may approve the issue of a bankruptcy notice if— (a) the request is founded on a judgment or order of a court; and the Registrar has no knowledge that payment of the debt 25 has occurred.
(b) (3) A bankruptcy notice must be in form B 2 and a certified copy of the judgment or order on which the bankruptcy notice is based must be attached to it.

744 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 24—continued Subpart 3—continued (4) The bankruptcy notice must state the amount of any costs claimed.
Compare: 1908 No 89 Schedule 2 r 826 24.8 (as substituted by 2008 No 90 s 8) 24.9 Service of bankruptcy notice in New Zealand (1) A bankruptcy notice that is to be served in New Zealand must 5 (2) (3) be served within 6 months from the date of its issue.

The creditor may before or after the expiry of the period re- ferred to in subclause (1) apply to the court for an order ex- tending the period of service.
The court may extend the period for service for a further 3 10 months from the expiry of the period referred to in subclause (1) if the court is satisfied that— (a) (b) reasonable efforts have been made to effect service; or for any other good reason an extension of the period for service is desirable.

15 (4) A bankruptcy notice must be served in accordance with Part 6 (service).
Compare: 1908 No 89 Schedule 2 r 827 24.9 (as substituted by 2008 No 90 s 8) 24.10 Setting aside bankruptcy notice (1) If an application to set aside a bankruptcy notice cannot be 20 heard until after the expiration of the time specified in the no- tice as the day on which the act of bankruptcy will be com- plete, the time is treated as extended until the application has been determined.
(2) An act of bankruptcy is not committed by reason only of non- 25 compliance with the notice until the application has been de- termined.

Compare: 1908 No 89 Schedule 2 r 828 24.10 (as substituted by 2008 No 90 s 8) 745 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 24—continued Subpart 4—Adjudication proceedings 24.11 Application for adjudication by creditor (1) A creditor’s application for adjudication must be commenced (2) by filing an originating application in form B 3.
Part 19 applies to adjudication proceedings but, in case of any 5 conflict, is overridden by this Part.

(3) An affidavit in form B 4 and a summons to debtor in form B 5 must be filed (in duplicate) with a creditor’s application.

(4) A summons must also state the amount of any costs claimed.

(5) An order of adjudication made on the application must be in 10 form B 16.
Compare: 1908 No 89 Schedule 2 r 829 24.11 (as substituted by 2008 No 90 s 8) 24.12 Verification of creditor’s application A creditor’s application must be verified by affidavit of the creditor or some other person having knowledge of the facts.
Compare: 1908 No 89 Schedule 2 r 830 24.12 (as substituted by 2008 No 90 s 8) 15 24.13 Where application for adjudication to be filed An application for adjudication must be filed,— (a) if the debtor is resident in New Zealand, in the registry of the High Court nearest by the most practicable route 20 to the place in which the debtor has resided or carried on business for the longest period during the 6 months im- mediately before the time when the application is filed: if the debtor is in custody, in the registry of the High Court nearest by the most practicable route to the place 25 in which the debtor is in custody: if the debtor is absent from New Zealand or the apply- ing creditor cannot ascertain the debtor’s place of resi- dence, in the registry of the High Court nearest by the most practicable route to the place in which the apply- 30 ing creditor resides or carries on business: if a debtor has never been resident in New Zealand, in the registry of the High Court nearest by the most prac- (b) (c) (d) 746 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 24—continued Subpart 4—continued (e) ticable route to the place in which the applying creditor resides or carries on business: if any act of bankruptcy relied on by the applying cred- itor is specified in sections 20 and 21 of the Act, in any registry of the court.
Compare: 1908 No 89 Schedule 2 r 831 24.13 (as substituted by 2008 No 90 s 8) 24.14 Registrar to fix hearing date for creditor’s application (1) The Registrar must fix a hearing date for the application and insert the date in the summons to the debtor before releasing the summons to the creditor for service.

If the application and summons have not been served, the Registrar may, from time to time, alter the hearing date.
Compare: 1908 No 89 Schedule 2 r 832 24.14 (as substituted by 2008 No 90 s 8) (2) 5 10 24.15 Court may alter hearing date for creditor’s application If it is proved to the court’s satisfaction that the debtor has 15 absconded or there is any other good reason, the court may, on any terms it thinks just, hear the creditor’s application on any date the court considers expedient.
Compare: 1908 No 89 Schedule 2 r 833 24.15 (as substituted by 2008 No 90 s 8) 24.16 Service of creditor’s application on debtor (1) A copy of the creditor’s application and the summons to the debtor must be served on the debtor at least 10 working days before the hearing of the creditor’s application.

If the debtor dies before service of the creditor’s application and summons, the court may order service to be effected on 25 the debtor’s administrator or any other person as it thinks just.
Compare: 1908 No 89 Schedule 2 r 834 24.16 (as substituted by 2008 No 90 s 8) (2) 20 747 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 24—continued Subpart 4—continued 24.17 Service of creditor’s application on trustee or supervisor (1) A copy of the creditor’s application and the summons to the debtor must be served personally on the trustee or supervisor, as the case may be,— (a) if the act of bankruptcy alleged is that the debtor has 5 made a disposition of all or substantially all of the debtor’s property to a trustee for the benefit of all or any of the debtor’s creditors; or if, at the time of the filing of the application, a proposal under subpart 2 of Part 5 of the Act has been approved 10 by the court or a summary instalment order has been made under subpart 3 of Part 5 of the Act.
(b) (2) The documents set out in subclause (1) must be served at least 10 working days before the hearing of the creditor’s applica- tion.
Compare: 1908 No 89 Schedule 2 r 835 24.17 (as substituted by 2008 No 90 s 8) 24.18 Debtor’s notice of intention to oppose adjudication A debtor who intends to oppose the making of an order of adjudication must, by 1 pm on the last working day before the hearing of the creditor’s application,— (a) file a notice of opposition in form B 6, together with an affidavit in support of the opposition; and serve a copy of those documents on the applicant cred- itor.
(b) 15 20 Compare: 1908 No 89 Schedule 2 r 836 24.18 (as substituted by 2008 No 90 s 8) 25 24.19 Affidavit evidence of applicant creditor (1) Unless the court otherwise directs, an applicant creditor’s evi- dence of a debt, an act of bankruptcy, or any other material statements may be given by affidavit.

The affidavit must be sworn by or on behalf of the applicant 30 creditor at least 3 working days before the date of the hearing of the application.
Compare: 1908 No 89 Schedule 2 r 837 24.19 (as substituted by 2008 No 90 s 8) (2) 748 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 24—continued Subpart 4—continued 24.20 Applicant creditor’s solicitor’s certificate as to unpaid debt A certificate by the applicant creditor’s solicitor to the effect that, after having made due inquiries, the solicitor is satisfied that the debt remains unpaid, may be accepted by the court as 5 sufficient prima facie evidence that the debt remains unpaid.
Compare: 1908 No 89 Schedule 2 r 838 24.20 (as substituted by 2008 No 90 s 8) 24.21 Death of debtor against whom application filed If a debtor against whom a bankruptcy application is filed dies, the application must, unless the court otherwise orders, be con- 10 tinued as if the debtor were alive.
Compare: 1908 No 89 Schedule 2 r 839 24.21 (as substituted by 2008 No 90 s 8) Subpart 5—Appointment of Official Assignee 24.22 Applicant to deposit sum for Official Assignee’s expenses The person who has applied for an order appointing the Offi- 15 cial Assignee to be a receiver and manager of all or any part of the debtor’s estate must, before the order is made, deposit with the Official Assignee any sum that the court directs for the Official Assignee’s expenses.
Compare: 1908 No 89 Schedule 2 r 840 24.22 (as substituted by 2008 No 90 s 8) 20 24.23 Official Assignee may seek additional sum where original (1) (2) deposit insufficient If the sum deposited for the Official Assignee’s expenses under rule 24.22 is insufficient, the person who paid the deposit must deposit with the Official Assignee any additional sum that the 25 court may, on the application of the Official Assignee, from time to time direct.
If the additional sum is not deposited within 24 hours after the making of the order, the Official Assignee may apply to 749 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 24—continued Subpart 5—continued have the order appointing the Official Assignee as receiver and manager discharged by the court.
Compare: 1908 No 89 Schedule 2 r 841 24.23 (as substituted by 2008 No 90 s 8) 24.24 Notification of order appointing Official Assignee as (1) (2) (3) (4) 5 receiver and manager The Registrar must, immediately after the order appointing the Official Assignee as receiver and manager has been made, forward 2 copies of the order to the Official Assignee.
If the debtor is in New Zealand, the Official Assignee must cause a copy of the order appointing the Official Assignee as 10 receiver and manager to be served on the debtor.

The Official Assignee must advertise the Official Assignee’s appointment as receiver and manager within 5 working days after the making of the order.

The order referred to in this rule must be in form B 17.
Compare: 1908 No 89 Schedule 2 r 842 24.24 (as substituted by 2008 No 90 s 8) 15 24.25 Repayment of deposits after order of adjudication (1) If an order of adjudication is made after the Official Assignee is appointed receiver and manager, the Official Assignee must repay to the creditor the deposits made under rules 24.22 and 20 24.23 out of the proceeds of the estate.
If there are insufficient proceeds in the estate to pay the Of- ficial Assignee’s fees and expenses as receiver and manager, the Official Assignee may keep all or any part of the deposits as payment of those fees and expenses.
Compare: 1908 No 89 Schedule 2 r 843 24.25 (as substituted by 2008 No 90 s 8) 25 (2) 24.26 Dismissal of application after order appointing Official Assignee as manager and receiver If, after an order has been made appointing the Official As- signee as receiver and manager, the application upon which 30 the order was made is dismissed,— 750 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 24—continued Subpart 5—continued (a) the court must, on an application made within 15 work- ing days from the date of the dismissal, make an order relating to any damages or claim arising out of the Of- ficial Assignee’s appointment; and (b) the court may make any other order it thinks just.
Compare: 1908 No 89 Schedule 2 r 844 24.26 (as substituted by 2008 No 90 s 8) 5 Subpart 6—Contributions from bankrupt 24.27 Application for order under section 147 A creditor who intends to make an application under section 147 of the Act must give at least 10 working days’ notice of 10 that intention to the Official Assignee and to the bankrupt.
Compare: 1908 No 89 Schedule 2 r 845 24.27 (as substituted by 2008 No 90 s 8) 24.28 Official Assignee’s report (1) If the Official Assignee or a creditor applies for an order under section 147 of the Act, the Official Assignee must prepare a 15 report as to the circumstances of the bankruptcy, the bankrupt’s conduct, and the bankrupt’s earning power, responsibilities, and prospects.
(2) At least 5 working days before the time fixed for the hearing, the Official Assignee must lodge the report in the court, and 20 forward a copy to the bankrupt, and to the applicant, if the applicant is a creditor.
Compare: 1908 No 89 Schedule 2 r 846 24.28 (as substituted by 2008 No 90 s 8) 24.29 Official Assignee to notify employer, etc, about proposed assignment or charge If it is proposed that an order be made assigning to, or charging in favour of, the Official Assignee any money due or becoming due to the bankrupt by way of wages or salary or from any other source,— 25 751 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 24—continued Subpart 6—continued (a) (b) the Official Assignee must notify the employer or other person against whom the assignment or charge is pro- posed; and the person who is notified is entitled to appear and be heard.
5 Compare: 1908 No 89 Schedule 2 r 847 24.29 (as substituted by 2008 No 90 s 8) 24.30 Official Assignee to serve order of assignment, etc The Official Assignee must serve a duplicate of any order as- signing or charging in favour of the Official Assignee any money due or becoming due to the bankrupt on the employer 10 or other person against whom the assignment or charge was given.
Compare: 1908 No 89 Schedule 2 r 848 24.30 (as substituted by 2008 No 90 s 8) Subpart 7—Compositions during bankruptcy 24.31 Application for order approving composition (1) The Official Assignee may apply to the court to approve a composition (whether or not the Official Assignee reports in favour of it) if— (a) the creditors have passed a confirming resolution in re- lation to the composition; and the bankrupt does not, within 3 working days from the date of the confirmation, apply to the court for approval of the composition.
(b) (2) The Official Assignee is not, by making the application, treated as approving the composition.
Compare: 1908 No 89 Schedule 2 r 849 24.31 (as substituted by 2008 No 90 s 8) 15 20 25 24.32 Notice to Official Assignee of application to approve composition Any person, other than the Official Assignee, who applies to the court to approve a composition must, at least 10 work- 30 752 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 24—continued Subpart 7—continued ing days before the day appointed for hearing the application, serve notice of the application on the Official Assignee.
Compare: 1908 No 89 Schedule 2 r 850 24.32 (as substituted by 2008 No 90 s 8) 24.33 Notice of application to approve composition If an application is made to the court to approve a composition, 5 the Official Assignee must, at least 5 working days before the day appointed for hearing the application, send notice of the application to every creditor whose debt has been proved.
Compare: 1908 No 89 Schedule 2 r 851 24.33 (as substituted by 2008 No 90 s 8) 24.34 Official Assignee to account when composition approved If a composition is approved by the court, the Official Assignee must account to the bankrupt, or, as the case may be, to the trustee.
Compare: 1908 No 89 Schedule 2 r 852 24.34 (as substituted by 2008 No 90 s 8) Subpart 8—Irregular transactions 10 15 24.35 Applications by Official Assignee for cancellation of irregular transactions or retransfer of property or payment of value (1) An application to the court by the Official Assignee under sec- tion 206 of the Act (for the cancellation of an irregular trans- 20 action) or under section 207 of the Act (for the retransfer of property or payment of value) must be made by originating application under Part 19.
(2) An application under section 206 must be in form B 14.

(3) An application under section 207 must be in form B 15.

Compare: 1908 No 89 Schedule 2 r 853 24.35 (as substituted by 2008 No 90 s 8) Subpart 9—Discharge of bankrupt 24.36 Filing and service of objection to discharge (1) An objection to a discharge under section 292 of the Act is entered by filing an objection in form B 8.
25 30 753 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 24—continued Subpart 9—continued (2) A creditor who enters an objection to a discharge must serve the objection on the Official Assignee.
Compare: 1908 No 89 Schedule 2 r 854 24.36 (as substituted by 2008 No 90 s 8) 24.37 Service, etc, of notice of application for discharge At least 15 working days before the hearing date, the bankrupt 5 must— (a) serve on the Official Assignee, and every creditor whose debt has been proved, notice of application for discharge under section 294 of the Act; and cause notice of the application and the hearing date to 10 be advertised.
(b) Compare: 1908 No 89 Schedule 2 r 855 24.37 (as substituted by 2008 No 90 s 8) 24.38 Report of Official Assignee At least 5 working days before the hearing date, the Official Assignee must— (a) lodge in the court a copy of the Official Assignee’s re- port under section 296 of the Act; and serve a copy of the report on the bankrupt and all cred- itors known to the Official Assignee.
(b) 15 Compare: 1908 No 89 Schedule 2 r 856 24.38 (as substituted by 2008 No 90 s 8) 20 24.39 Opposition by creditor to discharge A creditor who intends to oppose the discharge of a bankrupt on grounds other than those specified in the Official Assignee’s report must file and serve on the Official Assignee and the bankrupt a notice of the creditor’s intended opposition and the 25 grounds of opposition by 1 pm on the day before the hearing.
Compare: 1908 No 89 Schedule 2 r 857 24.39 (as substituted by 2008 No 90 s 8) 24.40 Conditions affecting salary, etc, after order of discharge (1) The Official Assignee must notify the bankrupt’s employer of the Official Assignee’s intention to ask the court to impose a 30 754 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 24—continued Subpart 9—continued (2) condition that affects any salary or wages that may, after the date of the order of discharge, become due to the bankrupt.
The Official Assignee must notify the employer of an order made under section 298 of the Act before receiving payment of any salary or wages.

Compare: 1908 No 89 Schedule 2 r 858 24.40 (as substituted by 2008 No 90 s 8) 5 24.41 Annulment of adjudication to be advertised The Official Assignee must immediately cause a notice of an order annulling an adjudication to be advertised.
Compare: 1908 No 89 Schedule 2 r 859 24.41 (as substituted by 2008 No 90 s 8) 10 Subpart 10—Proposals 24.42 Proposal and statement of affairs and affidavit A proposal under subpart 2 of Part 5 of the Act must be in form B 9 and must be accompanied by a statement of affairs and affidavit in form B 10.
Compare: 1908 No 89 Schedule 2 r 860 24.42 (as substituted by 2008 No 90 s 8) 15 24.43 Trustee’s report on proposal The trustee must file a report in form B 11 with the application for approval under section 333 of the Act.

Compare: 1908 No 89 Schedule 2 r 861 24.43 (as substituted by 2008 No 90 s 8) 20 Subpart 11—Insolvent deceased estates 24.44 Application for order to administer under Part 6 of Act An application for an order to administer under Part 6 of the Act must be by originating application.
Compare: 1908 No 89 Schedule 2 r 862 24.44 (as substituted by 2008 No 90 s 8) 25 24.45 Application by creditor or beneficiary (1) Notice of an application under section 381 of the Act must be given by serving on the administrator, or, if no administrator has been appointed, on those persons that the court directs, a 755 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 24—continued Subpart 11—continued (2) copy of the application together with a copy of any supporting affidavit.
The court may, within such time as the court requires, direct the administrator to file the account in form B 12 if— (a) an application is made by a creditor, or any person bene- 5 ficially interested, after a request has been made to an administrator; and the administrator, having been requested in writing to apply, has failed to make an application within 15 work- ing days after receiving the request.
(b) 10 Compare: 1908 No 89 Schedule 2 r 863 24.45 (as substituted by 2008 No 90 s 8) 24.46 Duty of Registrar when order made If an order is made under section 379 or 381 of the Act, the Registrar must send to the appointee and to the Commissioner of Inland Revenue a copy of the order and of the account spe- 15 cified in section 380(3) of the Act.
Compare: 1908 No 89 Schedule 2 r 864 24.46 (as substituted by 2008 No 90 s 8) 24.47 Duty of administrator when order made If an order has been made under section 379 or 381 of the Act,— (a) the administrator must immediately send an account of the administrator’s dealings and administration of the deceased estate to the appointee; and the administrator must, at the same time, provide what- ever particulars of the affairs of the deceased are re- 25 quired by the appointee.
(b) 20 Compare: 1908 No 89 Schedule 2 r 865 24.47 (as substituted by 2008 No 90 s 8) 24.48 Person who has intermeddled in estate may be ordered to give particulars The court may, on an appointee’s application, direct that an 30 account be made, verified, and given by any person the court 756 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 24—continued Subpart 11—continued considers has administered or otherwise intermeddled with all or any part of the deceased’s property, if— (a) an order has been made under section 379 or 381 of the Act; and it appears to the court that no administrator exists and 5 the appointee is unable to find any person willing to give the particulars required by rule 24.47.
(b) Compare: 1908 No 89 Schedule 2 r 866 24.48 (as substituted by 2008 No 90 s 8) 24.49 Administration election A certificate by Public Trust or the Māori Trustee recording an 10 election to administer an insolvent estate under Part 6 of the Act must be in form B 13.
Compare: 1908 No 89 Schedule 2 r 867 24.49 (as substituted by 2008 No 90 s 8) Subpart 12—Appeals 24.50 Applications to vary or discharge order or decision of 15 Registrar or District Court Judge (1) An application to the court under section 414 of the Act to vary or discharge the order or decision of a Registrar or District Court Judge under section 413 of the Act must be filed,— (a) if it is made by a party who was present or represented 20 when the order was made or the decision given, within 5 working days after the making of the order or the giving of the decision; or if it is made by a party who was not then present or represented, within 5 working days after the receipt by 25 the party of notice of the order or decision.
(b) (2) The application does not stay proceedings unless a Judge, the Registrar, or the District Court Judge otherwise orders.
Compare: 1908 No 89 Schedule 2 r 868 24.50 (as substituted by 2008 No 90 s 8) 757 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 24—continued Subpart 12—continued 24.51 Appeals to Court of Appeal (1) The Court of Appeal (Civil) Rules 2005, so far as they are applicable and with any necessary modifications, apply to ap- peals to the Court of Appeal under section 414 of the Act.

The Official Assignee of the bankrupt’s property is a party to 5 an appeal.
Compare: 1908 No 89 Schedule 2 r 869 24.51 (as substituted by 2008 No 90 s 8) (2) Subpart 13—Official Assignee 24.52 Applications to court by Official Assignee An application by the Official Assignee to the court may be 10 made personally, by counsel, or by any agent duly appointed under paragraph (t) of Schedule 1 of the Act.
Compare: 1908 No 89 Schedule 2 r 870 24.52 (as substituted by 2008 No 90 s 8) 24.53 Official Assignee’s liability for costs Unless the court otherwise directs, the Official Assignee is not 15 personally liable for costs if— (a) proceedings are brought against the Official Assignee representing the estate of the bankrupt; or the Official Assignee is made a party to a proceeding on the application of another party.
(b) 20 Compare: 1908 No 89 Schedule 2 r 871 24.53 (as substituted by 2008 No 90 s 8) Subpart 14—District Court filings 24.54 Filing decisions of District Court (1) If, under the Act, an application relating to bankruptcy may be filed in the District Court, the Registrar of that court must for- 25 ward to the nearest High Court a certified copy of the decision of that court.
The certified copy of the decision of the District Court must be filed by the Registrar and forms part of the proceedings of the High Court.

Compare: 1908 No 89 Schedule 2 r 872 24.54 (as substituted by 2008 No 90 s 8) 30 (2) 758 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 24—continued Subpart 15—Cross-border proceedings 24.55 Interpretation (1) In this subpart, unless the context otherwise requires, Act means the Insolvency (Cross-border) Act 2006.
(2) Unless the context otherwise requires, expressions defined in 5 (3) Schedule 1 of the Act have, in this subpart, the meanings so defined.

In this subpart, references to articles are references to articles in Schedule 1 of the Act.

Compare: 1908 No 89 Schedule 2 r 873 24.55 (as substituted by 2008 No 90 s 8) 10 24.56 Applications for recognition of foreign proceedings (1) An application by a foreign representative under article 15(1) must be made by originating application under Part 19.
In addition to complying with the requirements of article 15, the application must— (a) (2) be supported by an affidavit verifying the statement re- ferred to in article 15(3) (identifying all foreign pro- ceedings in respect of the debtor that are known to the foreign representative) or by other sworn evidence ac- ceptable to the court: be served, in accordance with Part 6 of these rules, on the debtor or a New Zealand agent or representative of the debtor unless a Judge directs that the application may in all the circumstances proceed without that ser- vice.
(b) (3) A foreign representative who has filed an application under subclause (1) may apply without notice for relief of a provi- sional nature under article 19(1).
Compare: 1908 No 89 Schedule 2 r 874(1), (2), (6) 24.56 (as substituted by 2008 No 90 s 8) 24.57 Other procedural requirements (1) A New Zealand agent or representative of the debtor served under rule 24.56(2)(b), must, as a condition of being treated as 759 15 20 25 30 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 24—continued Subpart 15—continued (2) a respondent to the application under Part 19, provide evidence of that agency or representation to the court’s satisfaction.
The foreign representative must, when filing an application under rule 24.56(1) or within 25 working days after the date of filing, file an application for directions as to service under 5 rule 18.7 and the Judge may give directions as to service and make any incidental orders considered just.
(3) An application for modification or termination of recognition under article 17(5) must be made by originating application served on the parties and any other persons who were directed 10 to be served before the recognition order under article 17(1) was made.

Compare: 1908 No 89 Schedule 2 r 874(3)–(5) 24.57 (as substituted by 2008 No 90 s 8) 24.58 Relief after recognition (1) The foreign representative may apply by interlocutory appli- cation for appropriate relief under article 21(1).
(2) An application under subclause (1) must be served on— (a) (b) (c) any other parties to the application under rule 24.56: persons directed to be served under rule 24.56: any judgment creditor carrying on business, or resident, or having a registered office, in New Zealand.
Compare: 1908 No 89 Schedule 2 r 875 24.58 (as substituted by 2008 No 90 s 8) 15 20 24.59 Modification or termination (1) The foreign representative or a person affected by relief 25 granted under article 19 and rule 24.56(3), or under article 21 and rule 24.58, may apply by interlocutory application for an order modifying or terminating the relief granted.
The statutory manager may apply by interlocutory application under article 22(4) to terminate relief granted under article 19 30 and rule 24.56(3), or under article 21 and rule 24.58.
Compare: 1908 No 89 Schedule 2 r 876 24.59 (as substituted by 2008 No 90 s 8) (2) 760 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 24—continued Subpart 16—Voluntary administration 24.60 Appointment of administrator under section 239L of Companies Act 1993 An application by a creditor, the liquidator (if the company is in liquidation), or the Registrar of Companies for the appoint- 5 ment by the court of an administrator under section 239L of the Companies Act 1993 (inserted by section 6 of the Companies Amendment Act 2006) must be made by originating applica- tion under Part 19.
Compare: 1908 No 89 Schedule 2 r 700ZL 24.60 (as substituted by 2008 No 10 90 s 8) (2) 24.61 Applications in course of administration (1) An application to the court by the administrator or other person entitled to apply to the court under Part 15A of the Companies Act 1993 must be made by originating application under Part 15 19.
If an application in relation to a company has been made to the court under subclause (1), any further application in relation to the voluntary administration of that company may be made by interlocutory application under subpart 2 of Part 7.

Subclause (1) is subject to subclause (2).
Compare: 1908 No 89 Schedule 2 r 700ZM 24.61 (as substituted by 2008 No 90 s 8) (3) 20 24.62 Proper registry of court (1) The proper registry of the court for the purpose of filing an 25 originating application under rule 24.61 is— (a) the registry of the court in the town where, or the regis- try of the court in the town nearest to where, the com- pany’s registered office is situated; or if the company does not have a registered office, the 30 registry of the court in the town where, or the registry of the court in the town nearest to where, the principal or last known place of business is or was situated.
(b) 761 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 24—continued Subpart 16—continued (2) (3) If it appears to the court on application to it that the originating application has been filed in the wrong registry of the court, or that any other registry of the court would be more convenient to all parties affected, it may direct that the originating appli- cation and any documents filed in relation to that application 5 be filed in, or transferred to, the proper registry or the other registry of the court.
This rule overrides rule 5.1.

Compare: 1908 No 89 Schedule 2 r 700ZN 24.62 (as substituted by 2008 No 90 s 8) 10 Part 25 Admiralty Subpart 1—Preliminary provisions 25.1 Interpretation (1) In this Part, unless the context otherwise requires,— Act means the Admiralty Act 1973 action means an action in personam or in rem, or both, in the admiralty jurisdiction of the court foreign ship has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994.
In this Part, unless the context otherwise requires, terms and expressions used and not defined in this Part but defined in the Act have the same meaning as in the Act.

Compare: 1908 No 89 Schedule 2 r 764 25.1 (as substituted by 2008 No 90 s 8) 25.2 Scope of this Part (1) Subpart 1 contains preliminary provisions and applies gener- ally to actions.

Subpart 2 contains provisions about starting actions and ap- plies generally to actions.
Subpart 3 contains provisions in addition to subpart 2 that 30 apply to actions arising out of collisions between ships.

15 20 25 (2) (2) (3) 762 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 1—continued (4) (5) (6) (7) Subpart 4 contains provisions in addition to subpart 2 that apply to actions for the limitation of liability under Part 7 of the Maritime Transport Act 1994.

Subpart 5 applies to applications for judgment by default in actions.
Subpart 6 applies to the arrest, release, and sale of property in actions.

Subpart 7 contains miscellaneous provisions that apply gener- ally to actions.

Compare: 1908 No 89 Schedule 2 r 25.2 (as substituted by 2008 No 90 s 8) 5 10 25.3 Application of other rules and practice of court The other Parts of these rules and the general practice of the court apply when this Part applies unless modified by or in- consistent with the Act or this Part.
Compare: 1908 No 89 Schedule 2 r 766 25.3 (as substituted by 2008 No 90 s 8) 15 25.4 Parties can apply for directions if procedure not prescribed (1) A party or intending party who wishes to take a step in a pro- ceeding for which a procedure is not prescribed by this Part or any other Part or by the general practice of the court may 20 apply to the court or a Judge for directions.
The court or a Judge may give any directions concerning the steps to be taken by the party that the court or Judge thinks just.

(3) A step in a proceeding is treated as having been properly taken (2) if taken in accordance with the directions given under sub- 25 clause (2).

Compare: 1908 No 89 Schedule 2 r 767 25.4 (as substituted by 2008 No 90 s 8) 25.5 Form of application An interlocutory application under this Part must be in form G 31 and an order made on that application must be in form 30 G 34.
Compare: 1908 No 89 Schedule 2 r 768 25.5 (as substituted by 2008 No 90 s 8) 763 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 2—Starting proceedings in admiralty 25.6 Action in personam or in rem, or both, started by notice of proceeding (a) (b) (1) Actions may be in personam or in rem, or both.
(2) An action is started by a notice of proceeding— issued from any registry of the court; and endorsed, before being issued, with a concise statement of— (i) (ii) (iii) the nature of the claim; and the relief or remedy required; and the amount claimed (if any).

5 10 (3) The concise statement referred to in subclause (2) is not a state- ment of claim within the meaning of these rules.

(4) An action is treated as having started when a notice of pro- 15 ceeding complying with subclause (2) is filed.
Compare: 1908 No 89 Schedule 2 r 769 25.6 (as substituted by 2008 No 90 s 8) 25.7 Notice of proceeding for action in personam (1) An action in personam is started by a notice of proceeding in (2) (3) form AD 2.

The action must be headed as in form AD 1.

Rules 6.27 to 6.35 apply in relation to service out of the juris- diction in an action in personam.
Compare: 1908 No 89 Schedule 2 r 770 25.7 (as substituted by 2008 No 90 s 8) 20 25.8 Notice of proceeding for action in rem (1) An action in rem is started by a notice of proceeding in form 25 AD 4.

The action must be headed as in form AD 3.

(2) (3) No proceedings in rem concerning any claim against the Crown may be brought.
30 (4) A notice of proceeding in rem may not be served out of the jurisdiction, but a notice of proceeding that is both in rem and 764 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 2—continued (5) in personam may be served out of the jurisdiction in so far as it is in personam.

Rules 6.27 to 6.35 apply to service out of the jurisdiction under subclause (4).
Compare: 1908 No 89 Schedule 2 r 771(1)–(5) 25.8 (as substituted by 2008 No 5 90 s 8) 10 15 25.9 Notice of proceeding for action both in rem and in personam (1) An action that is both in rem and in personam is started by a (2) notice of proceeding in form AD 5.

The action must be headed as in form AD 1.
Compare: 1908 No 89 Schedule 2 r 771(6) 25.9 (as substituted by 2008 No 90 s 8) 25.10 How to serve notice of proceeding in action in rem on (1) (2) (3) ship, cargo, or other property To serve a notice of proceeding in an action in rem on a ship or on cargo or on other property on board a ship,— (a) attach a sealed copy of the notice to a place adjacent to the bridge or some conspicuous part of the ship, or adja- cent to an entrance way to the superstructure or accom- 20 modation section of the ship; and leave a copy of the notice with the person apparently in charge of the ship, if that person is available at the time of service.
(b) To serve a notice of proceeding in an action in rem on cargo 25 or on other property not on board a ship,— (a) attach a sealed copy of the notice to that cargo or other property; and attach a copy of the notice to the place where the cargo or other property is located.
(b) 30 To serve a notice of proceeding in an action in rem on freight in the hands of an individual,— (a) show a sealed copy of the notice to that individual; and 765 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 2—continued (4) (5) (6) (b) leave a copy of the notice with that individual.
To serve a notice of proceeding in an action in rem on proceeds in court,— (a) (b) To serve a notice of proceeding in an action in rem on inacces- sible cargo or on other property,— (a) show a sealed copy of the notice to the Registrar; and leave a sealed copy of the notice with the Registrar.

show a sealed copy of the notice to any person appear- ing to be in charge of that cargo or other property; and leave a copy of the notice with that person.
(b) Instead of serving a notice of proceeding in the appropriate manner set out in subclauses (1) to (5), service in an action in rem may be carried out in some other manner ordered by the court.

Compare: 1908 No 89 Schedule 2 r 772(1) 25.10 (as substituted by 2008 No 90 15 s 8) 10 5 25.11 Other provisions about service in action in rem (1) A notice of proceeding in an action in rem may be served on a Sunday, Good Friday, or Christmas Day, or any public holiday, as well as on any other day.
The following provisions apply in an action in rem if a caveat against arrest is entered under rule 25.43: (a) (2) the notice of proceeding must be served by or on behalf of the plaintiff or the plaintiff’s solicitor on any person at whose instance the caveat is entered: a sealed copy of the notice must be delivered to the address for service given in the request for the caveat as soon as the plaintiff or the plaintiff’s solicitor becomes aware that the caveat is in force.
(b) 20 25 Service of a notice of proceeding or of a warrant of arrest is 30 not required in an action in rem if the solicitor for a person interested in the defendant undertakes in writing to— (a) (b) accept service; and enter an appearance; and (3) 766 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 2—continued (c) give security or pay money into court instead of giving security.
(4) An affidavit of service in an action in rem attaching as an ex- hibit a sealed copy of the notice of proceeding and stating the time, place, and method of service must be filed.

Compare: 1908 No 89 Schedule 2 r 772(2)–(5) 25.11 (as substituted by 2008 No 90 s 8) 5 25.12 Defendant must enter appearance (1) A defendant to an action must enter an appearance in person, (2) or by a solicitor, by filing a memorandum in form AD 6 within 10 the time and at the place directed in the notice of proceeding.
If 2 or more defendants to an action enter an appearance by the same solicitor at the same time, only 1 memorandum need be completed and filed.

(3) A defendant to an action may enter a conditional appearance 15 in the action, but a conditional appearance has effect as an unconditional appearance unless— a Judge otherwise orders; or (a) the defendant applies to the court, within the period spe- (b) cified in rule 25.17, for an order under that rule and the 20 court makes an order under that rule.
Compare: 1908 No 89 Schedule 2 r 773(1), (4), (6) 25.12 (as substituted by 2008 No 90 s 8) 25.13 Content of memorandum (1) Every memorandum of appearance must contain an endorse- 25 ment stating— (a) that the appearance is filed by the party appearing in person or by the party’s solicitor (as the case may be); and if applicable, the solicitor’s name and address, and the 30 name of the solicitor’s firm (if any); and (b) 767 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 2—continued (c) (d) if applicable, the name and address of the solicitor act- ing as agent in the proceeding of the solicitor filing the appearance or of the agent’s firm (if any); and an address for service.
(2) A memorandum of appearance in an action in rem must also 5 state— (a) (b) the name and correct address of the party appearing and the capacity in which that party appears, whether as owner, part-owner, or otherwise; and the port of registry or port to which the ship belongs.

(3) A statement made under subclause (2) is prima facie evidence of the matters stated in it.
Compare: 1908 No 89 Schedule 2 r 773(10), (11) 25.13 (as substituted by 2008 No 90 s 8) 25.14 Time limits for entering appearance (1) An appearance must be entered,— 10 15 (a) (b) for a notice of proceeding to be served within the juris- diction, within 10 working days after the day of service: for a notice of proceeding to be served outside the juris- diction, within the period specified by an order granting 20 leave to serve the notice outside the jurisdiction.
(2) A party not entering an appearance within the specified period may, by consent of the other parties or by leave of the Judge, enter an appearance at any time on any terms that the Judge may order.

25 (3) A party may not enter an appearance after judgment has been entered except with the leave of a Judge.
Compare: 1908 No 89 Schedule 2 r 773(2), (5) 25.14 (as substituted by 2008 No 90 s 8) 25.15 Provisions about filing (1) A memorandum of appearance may be filed by post and— 30 (a) the appearance is treated as having been entered when the memorandum is actually received by the Registrar: 768 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 2—continued (b) the duplicate copy to be returned to the party filing the memorandum may be returned by post.
(2) When a memorandum of appearance is filed, the Registrar must— (a) (b) enter an appearance in the Register of Admiralty Pro- 5 ceedings; and return to the party filing the memorandum a duplicate copy showing the date of filing.
Compare: 1908 No 89 Schedule 2 r 773(8), (15) 25.15 (as substituted by 2008 No 90 s 8) 10 25.16 Service of memorandum The party filing the memorandum of appearance must— (a) serve the duplicate copy on the plaintiff as soon as prac- ticable; and immediately serve registry copies on those other parties 15 who have entered appearances.
(b) Compare: 1908 No 89 Schedule 2 r 773(9) 25.16 (as substituted by 2008 No 90 s 8) 25.17 Defendant may apply for orders (1) A defendant to an action may apply to the court for an order 20 for 1 or more of the following: (a) setting aside the notice of proceeding or service of the notice on the defendant: declaring that the notice has not been duly served on the defendant: discharging any order giving leave to serve the notice on the defendant out of the jurisdiction.
(2) The application may be made— (a) at any time before entering an appearance in the action; or if the defendant has entered a conditional appearance, within 5 working days after the day on which that con- ditional appearance is entered.

(b) (c) (b) 25 30 769 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 2—continued (3) The court may make any order it thinks just.
Compare: 1908 No 89 Schedule 2 r 773(7) 25.17 (as substituted by 2008 No 90 s 8) 25.18 Solicitor’s undertaking A solicitor who, on behalf of any person, undertakes in writing 5 to give security or to pay money into court instead of bail in an action in rem, and fails to fulfil that undertaking, is liable to punishment for contempt of court.
Compare: 1908 No 89 Schedule 2 r 773(12) 25.18 (as substituted by 2008 No 90 s 8) 10 25.19 Substituted defendants, third parties, and interveners Rules 25.12 to 25.18 apply, with the necessary modifications, to— (a) (b) an added or substituted defendant: a third or further party who is served with a third party 15 notice: an intervener who has obtained leave to intervene in an action.
(c) Compare: 1908 No 89 Schedule 2 r 773(3) 25.19 (as substituted by 2008 No 90 s 8) 20 25.20 Statement of claim (1) Every action must be heard with pleadings, unless the court or a Judge otherwise orders under this rule or rule 25.23(5).

The plaintiff must file in court and serve a full and explicit statement of claim on each defendant, unless the court or a 25 Judge gives leave to the contrary.
The steps required by subclause (2) must be taken either when the notice of proceeding is served on that defendant or at any time after service of the notice on that defendant, but in no case later than 10 working days after that defendant enters an 30 appearance, unless the court or a Judge gives leave to the con- trary or subclause (4) applies.
(2) (3) 770 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 2—continued (4) If preliminary acts are required under rule 25.23, the plaintiff must file in court and serve a statement of claim on each de- fendant within 10 working days after the latest date on which the preliminary act of any party to the action is filed, unless the court or a Judge orders the action to be tried without pleadings.
5 Compare: 1908 No 89 Schedule 2 r 774 25.20 (as substituted by 2008 No 90 s 8) 25.21 Statement of defence A defendant who enters an appearance in, and intends to de- fend, an action must file in court and serve a statement of de- fence on the plaintiff within 20 working days after the day on 10 which a statement of claim is served on the defendant, unless the court or a Judge gives leave to the contrary.
Compare: 1908 No 89 Schedule 2 r 775 25.21 (as substituted by 2008 No 90 s 8) Subpart 3—Procedure in collision cases 25.22 Meaning of preliminary act 15 A preliminary act is a document containing a statement of the following particulars: (a) the names of the ships that came into collision and their ports of registry: particulars (referring to the period immediately before 20 the collision) of the person in command, the persons on the bridge, and the persons keeping a lookout on the plaintiff’s ship (if the plaintiff is filing a preliminary act) and on the defendant’s ship (if the defendant is filing a preliminary act): the date and time of the collision: the place of the collision: the direction and force of the wind: the state of the weather including visibility: the state, direction, and force of the tidal or other cur- 30 rent: the ship’s course and speed through the water when the other ship was first seen or immediately before any 25 (b) (c) (d) (e) (f) (g) (h) 771 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 3—continued (i) (j) (k) (l) (m) (n) (o) (p) (q) 5 measures were taken in connection with its presence, whichever was the earlier: the lights (if any) carried by the ship: the distance and bearing of the other ship if and when its echo was first observed by radar: the distance, bearing, and approximate heading of the other ship when first seen: the other ship’s light or combination of lights (if any) when first seen: the other lights or combination of
 lights (if any) of the 10 other ship that were subsequently seen before the colli- sion, and the time of the sighting: the alterations (if any) made to the ship’s course and speed after the earlier of the 2 times referred to in para- graph (h) up to the time of the collision, and the times of 15 those alterations, and the measures (if any), other than alterations of course or speed, taken to avoid the colli- sion, and the times of those measures: the parts of each ship that first came into contact and the
 approximate angle between the 2 ships at the moment 20 of contact: the sound signals or other signals (if any) given, and the times of those sound signals or other signals: the sound signals or other signals (if any) heard or seen from the other ship, and the times of hearing or seeing 25 those sound signals or other signals.
Compare: 1908 No 89 Schedule 2 r 785(2) 25.22 (as substituted by 2008 No 90 s 8) 25.23 Preliminary acts to be filed in collision cases (1) In an action arising out of a collision between ships, unless the 30 court otherwise orders,— (a) the plaintiff must file a preliminary act within 20 work- ing days after the issue of the notice of proceeding: 772 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 3—continued (2) (3) (b) the defendant must file a preliminary act within 20 working days after entering an appearance in the action and before any pleading is filed or served.
The Registrar must seal every preliminary act and file it in a closed envelope, and the envelope must be sealed with the 5 official stamp of the court and show the date of filing.

The envelope must not be opened until the pleadings are closed and a consent signed by each of the parties to the opening of the preliminary acts is filed, unless the court or a Judge otherwise orders.
10 (5) (6) (4) A party filing a preliminary act concerning a collision must, within 3 working days after it is filed, serve notice of the filing on every other party who has filed a preliminary act concerning the same collision.

If the court orders that the preliminary acts be opened, the court 15 may also order that the action be tried without pleadings.
If the court or a Judge orders the action to be tried without pleadings, the court or a Judge may also order each party, within the period stated in the order,— (a) to file a statement of the grounds on which the party 20 charges any other party with negligence in connection with the collision; and to serve a copy of the statement on that other party.
(b) Compare: 1908 No 89 Schedule 2 r 785(1), (3)–(6) 25.23 (as substituted by 2008 No 90 s 8) 25 25.24 Proceedings against party in default where other party fails to lodge preliminary act (1) A defendant in an action arising out of a collision between ships who has lodged a preliminary act within the specified period may apply to the court for an order to dismiss the ac- 30 tion if the plaintiff fails to lodge a preliminary act within the specified period, and the court may by order dismiss the action or make any other order on any terms it thinks just.
773 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 3—continued (2) (3) The plaintiff to an action in personam arising out of a collision between ships who has lodged a preliminary act within the spe- cified period may proceed to judgment under rule 25.29 if the defendant fails to lodge a preliminary act within the specified period, as if that failure were a failure to enter an appearance 5 or to file a statement of defence within the periods specified by or under these rules for doing those things.
The plaintiff to an action in rem arising out of a collision be- tween ships who has lodged a preliminary act within the spe- cified period may apply to the court by motion for judgment 10 against the defendant if the defendant fails to lodge a prelim- inary act within the specified period, and the plaintiff need not file or serve a statement of claim or an affidavit before the hear- ing of the motion.
(4) On the hearing of the motion under subclause (3),— 15 (a) (b) the court may make any orders it thinks just; and if the defendant does not appear on the hearing and the court considers that judgment should be given for the plaintiff provided the plaintiff proves the plaintiff’s case, the court must order that the plaintiff’s prelimin- 20 ary act be opened and require the plaintiff to satisfy the court that the plaintiff’s claim is well founded.
The plaintiff’s evidence may, unless the court otherwise orders, be given by affidavit.

(5) (6) On being satisfied that the plaintiff’s claim is well founded, 25 the court may— (a) (b) give judgment for the claim; and at the same time,— (i) order that the property against which the action is brought be appraised and sold and the proceeds 30 paid into court; or (ii) make any other orders it thinks just.

The court may, on any terms it thinks just, set aside any judg- ment entered under this rule.
(7) 774 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 3—continued (8) In this rule, references to the specified period are to be con- strued as references to the period within which, by virtue of rule 25.23(1) or of any order of the court or a Judge, the plain- tiff or defendant, as the context of the reference requires, is required to lodge a preliminary act.
Compare: 1908 No 89 Schedule 2 r 786 25.24 (as substituted by 2008 No 90 s 8) 5 Subpart 4—Limitation of liability under Part 7 of Maritime Transport Act 1994 25.25 Actions for limitation of liability (1) Proceedings for relief under Part 7 of the Maritime Transport 10 Act 1994 must be in the form of an action in personam.
In the action the person seeking relief is the plaintiff and must be described in the notice of proceeding by name and not de- scribed merely as the owner of, or as bearing some other rela- tion to, a particular ship or other property.
For the purposes of the proceedings,— (a) 15 name includes a firm name or the name under which a person carries on business: if any person with a claim against the plaintiff concern- ing the casualty to which the action relates has been 20 described for the purposes of that claim merely as the owner of, or as bearing some other relation to, a ship or other property, that person may be described in that way as defendant to the notice of proceeding and, if de- scribed in that way, is to be treated for the purposes of 25 this rule as having been named in the notice of proceed- ing by that person’s name.
(b) (2) (3) (4) At least 1 of the persons with claims against the plaintiff con- cerning the casualty to which the action relates must be de- scribed by name in the notice of proceeding as a defendant.
30 (5) All persons with claims against the plaintiff concerning the ca- sualty to which the action relates who are not named defend- 775 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 4—continued (6) ants may be described generally in the notice of proceeding as defendants.

The notice of proceeding must be served on 1 or more of the defendants who are named by their names, and need not be served on any other defendant.
Compare: 1908 No 89 Schedule 2 r 792(1)–(7) 25.25 (as substituted by 2008 No 90 s 8) 5 25.26 Plaintiff must apply to court within 5 working days (1) (b) The plaintiff in an action in personam for relief under Part 7 of the Maritime Transport Act 1994, without filing a statement 10 of claim, must apply to the court by notice of motion for an order limiting the plaintiff’s liability or, in default of an order to that effect, for directions as to the further proceedings in the action, and the application must be made— (a) within 5 working days after the entry of appearance by 15 1 of the defendants named by their names in the notice of proceeding; or if none of the defendants enters an appearance, within 5 working days after the period specified for appearing.
The application must be supported by an affidavit or affidavits 20 proving— (a) (b) the plaintiff’s case in the action; and if none of the defendants named in the notice of pro- ceeding by their names has entered an appearance, ser- vice of the notice of proceeding on at least 1 of the de- 25 fendants so named; and the names of all the persons (other than defendants to the action who are named in the notice of proceeding by their names) who, to the knowledge of the plaintiff, have claims against the plaintiff concerning the casualty 30 to which the action relates; and the address of each of those persons, if known to the plaintiff.
(c) (d) (2) 776 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 4—continued (3) (4) (5) (6) The motion and every affidavit in support of the motion must be served, at least 5 working days before the hearing of the application, on any defendant who has entered an appearance.
If, at the hearing of the application, it appears to the court that it is not disputed that the plaintiff has a right to limit the 5 plaintiff’s liability, the court must make a decree limiting the plaintiff’s liability and fix the amount to which the liability is to be limited.
If, at the hearing of the application, it appears to the court that any defendant does not have sufficient information to enable 10 the defendant to decide whether or not to dispute that the plain- tiff has a right to limit the plaintiff’s liability, the court must— give such directions as appear to be appropriate for en- (a) abling the defendant to obtain such information; and adjourn the hearing.
(b) If, on the hearing or resumed hearing of the application, the court does not make a decree limiting the plaintiff’s liability, the court must give such directions as to the further proceed- ings in the action as appear to be appropriate.
15 (8) (7) A defendant who, after directions have been given under sub- 20 clause (6), ceases to dispute the plaintiff’s right to limit the plaintiff’s liability must immediately file a notice to that effect in the registry of the court and serve a copy on the plaintiff and on every other defendant who has entered an appearance.
If every defendant who disputes the plaintiff’s right to limit 25 the plaintiff’s liability serves a notice on the plaintiff under subclause (7), the plaintiff may apply to the court for an order limiting the plaintiff’s liability, and subclauses (3) and (4) apply to the application with the necessary modifications.
Compare: 1908 No 89 Schedule 2 r 792(8) 25.26 (as substituted by 2008 No 90 30 s 8) 25.27 Protection against other parties (1) This rule applies if the only defendants in an action in per- sonam for relief under Part 7 of the Maritime Transport Act 777 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 4—continued 1994 are those named in the summons by their names and all those defendants have been served.
(2) An order limiting the plaintiff’s liability— (a) (b) need not be advertised; but if not advertised, operates only to protect the plain- 5 tiff against claims by the named defendants or persons claiming through or under those persons.
(b) To protect the plaintiff’s liability against claims by other per- sons as well as the defendants and persons referred to in sub- clause (2)(b), an order limiting the plaintiff’s liability must— 10 be advertised by the plaintiff in the manner provided, (a) and within the period specified, in the order; and specify a period within which persons with claims against the plaintiff concerning the casualty to which the action relates may enter an appearance in the action 15 (if they have not already done so) and file their claims, and, in cases to which subclause (5) applies, file a mo- tion, if they think fit, to set the order aside.
The period to be allowed under subclause (3)(b), unless the court otherwise orders, must be not less than 2 months from 20 the latest date allowed for the appearance of the advertisement and, after the expiration of the period so allowed, leave of the court is required to enter an appearance, file a claim, or to make an application to set aside the order.
If an order limiting the plaintiff’s liability specifies a period in 25 accordance with subclause (3),— (a) a person with a claim against the plaintiff concerning the casualty to which the action relates who is not named in the notice of proceeding as a defendant to the action may, within the specified period after entering an ap- 30 pearance, apply on notice for the order to be set aside: a person with a claim against the plaintiff concerning the casualty to which the action relates who is named but was not served with the notice of proceeding and has not entered an appearance may, within the specified 35 (b) (3) (4) (5) 778 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 4—continued period after entering an appearance, apply on notice for the order to be set aside.
(6) An application under subclause (4) must be supported by an affidavit or affidavits showing that the defendant in question makes a claim in good faith against the plaintiff concerning 5 the casualty in question and that the defendant has sufficient prima facie grounds for the contention that the plaintiff is not entitled to the relief given to the plaintiff by the order.
(7) An application under subclause (4) and every affidavit in sup- (8) port of the application must be served, at least 5 working days 10 before the hearing of the motion, on the plaintiff and on any defendant who has entered an appearance.
If satisfied that the defendant concerned is making a claim in good faith against the plaintiff, and that it is reasonably ar- guable that the plaintiff is not entitled to the relief given to the 15 plaintiff by the order, the court must set the order aside and give any directions as to the further proceedings in the action that appear appropriate.
Compare: 1908 No 89 Schedule 2 r 792(9), (10) 25.27 (as substituted by 2008 No 90 s 8) 20 25.28 Order limiting plaintiff’s liability Any order limiting the plaintiff’s liability in an action in per- sonam for relief under Part 7 of the Maritime Transport Act 1994 may make any provision authorised by section 89 of the Maritime Transport Act 1994.
Compare: 1908 No 89 Schedule 2 r 792(11) 25.28 (as substituted by 2008 No 90 s 8) Subpart 5—Judgment by default 25.29 Who may seek judgment by default in action in personam (1) (2) A plaintiff to an action in personam is entitled to proceed to judgment if the defendant fails, within the period specified by Rules 15.4 to 15.14 apply to actions in personam.
25 30 779 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 5—continued (3) or under this Part, either to enter an appearance or to file a statement of defence.

Judgment under this rule must not exceed the amount endorsed on the notice of proceeding or claimed in the statement of claim concerning the demand for costs.
Compare: 1908 No 89 Schedule 2 r 787 25.29 (as substituted by 2008 No 90 s 8) 5 25.30 Default in filing and service of statement of claim (1) This rule applies if the plaintiff to an action in personam or in rem is required by these rules to file in court a statement of claim and to serve it on a defendant, but the plaintiff fails to 10 do either of those things.
The defendant may, after the expiration of the period specified by or under these rules for filing the statement of claim, apply to the court for an order to dismiss the action.

The court may by order dismiss the action or make any other 15 order on any terms it thinks just.

The court may, on any terms it thinks just, set aside or vary any default judgment entered under this rule.
Compare: 1908 No 89 Schedule 2 r 788 25.30 (as substituted by 2008 No 90 s 8) (2) (3) (4) 25.31 Third parties 20 Rule 4.17 applies if a third party fails to enter an appearance, as if the failure to enter an appearance were a failure to file a statement of defence.

Compare: 1908 No 89 Schedule 2 r 789 25.31 (as substituted by 2008 No 90 s 8) 25.32 Application for judgment by default in action in rem (1) An application for judgment by default in an action in rem 25 must be made by motion.
In default actions in rem, evidence may, unless the court other- wise orders, be given by affidavit.
(2) 780 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 5—continued (3) The plaintiff may, on filing an affidavit verifying the facts on which the action is based, apply to the court for judgment by default if— (a) a notice of proceeding is served under rule 25.11(2) on a party at whose instance a caveat against arrest has been 5 issued; and the sum claimed in the action begun by the notice of proceeding does not exceed the amount specified in the undertaking given by that party or that party’s solicitor to procure the entry of that caveat; and that party or that party’s solicitor does not, within 10 working days after service of the notice of proceeding, fulfil that undertaking.
10 (b) (c) (4) A plaintiff to an action in rem may apply to the court for judg- ment by default if— (a) (b) the defendant to the action fails to enter an appearance within the period specified for appearing; and not less than 10 working days has passed since the no- tice of proceeding was served; and the plaintiff has filed an affidavit proving due service of 20 the notice of proceeding, a statement of claim (where one has not already been filed), and an affidavit verify- ing the facts on which the action is based.
(5) A plaintiff to an action in rem may apply to the court for judg- (c) ment by default if— (a) (b) the defendant to the action fails to file and serve a state- ment of defence on the plaintiff within the period speci- fied by or under these rules for filing and service of the defence; and the plaintiff has filed— (i) an affidavit stating that no defence was served on the plaintiff by that defendant during the period referred to in paragraph (a); and an affidavit verifying the facts on which the ac- tion is based.
(ii) 781 15 25 30 35 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 5—continued (6) A party making a counterclaim in an action in rem may apply to the court for judgment by default if— (a) (b) the defendant to the counterclaim fails to file and serve a defence to the counterclaim on the party making the counterclaim within the period specified by or under 5 these rules for the filing and service of the defence to a counterclaim; and the party making the counterclaim has filed— (i) an affidavit stating that no defence to the coun- terclaim has been served on that party by the de- 10 fendant during that period; and an affidavit verifying the facts on which the coun- terclaim is based.
(ii) Compare: 1908 No 89 Schedule 2 r 790(1), (3)–(5), (7) 25.32 (as substituted by 2008 No 90 s 8) 15 25.33 Judgment by default in action in rem (1) On being satisfied at the hearing that the applicant’s claim in an action in rem is well founded, the court may— (a) (b) give judgment for the claim; and at the same time,— (i) order the property against which the action, or, as the case may be, the counterclaim is brought to be appraised and sold and the proceeds to be paid into court; or (ii) make any other orders it thinks just.
Judgment given under subclause (1) may be enforced by— (a) arrest of the property against which the action was brought: committal of the party at whose instance the caveat against that property was entered.

(b) The court may, on any terms it thinks just, set aside or vary any judgment by default entered in an action in rem.
Compare: 1908 No 89 Schedule 2 r 790(2), (6), (8) 25.33 (as substituted by 2008 No 90 s 8) 20 25 30 (2) (3) 782 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 6—Arrest, release, and sale of property Arrest of property 25.34 Application for warrant of arrest of property (1) After the issue of a notice of proceeding or counterclaim in 5 rem, the plaintiff or the defendant to the notice or counterclaim may, by an application in form AD 7, apply for the issue of a warrant of arrest of the property against which the action or counterclaim is brought.
(2) However, if 2 or more ships owned by the same person are 10 named as defendant in an action arising from a cause of action concerning 1 ship only,— (a) a warrant of arrest may be issued against 1 ship only; and the plaintiff must name that ship in the application for 15 the warrant of arrest.

(b) (3) (4) The applicant for the issue of a warrant of arrest must cause a search to be made to determine whether any caveat against the issue of the warrant is in force.
In support of the application for a warrant of arrest, the appli- 20 cant must file— (a) an affidavit stating— (i) (ii) (iii) (iv) the name and description of the party at whose instance the warrant is to be issued; and the nature of the claim; and the name or nature of the property to be arrested; and the extent to which the claim has been satisfied, the amount claimed paid into court, or security for payment of the claim given to the Registrar; 30 and 25 (v) whether any caveat against the issue of a war- rant of arrest has been filed and, if so, whether a copy of the notice of proceeding or a notice re- 783 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 6—continued (vi) quiring payment or security has been served on the caveator; and any other relevant information known to the ap- plicant at the time the application is made; and an indemnity to the Registrar in form AD 8 and security 5 to the satisfaction of the Registrar for the fees, expenses, and harbour dues (if any) of the Registrar and of the Registrar’s appointed officers and agents.
(b) Compare: 1908 No 89 Schedule 2 r 776(1)–(4) 25.34 (as substituted by 2008 No 90 s 8) 10 25.35 Issue of warrant of arrest (1) (2) The Registrar may require additional security to cover fees, expenses, and harbour dues (if any) referred to in rule 25.34(4)(b).
The Registrar must, before issuing the warrant of arrest, as- 15 certain whether a caveat against the issue of a warrant of arrest has been entered, but, under rule 25.43(2), the entry of a caveat against arrest does not prevent the issue of a warrant of arrest.

(3) On being satisfied that the relevant requirements of rule 25.34 and this rule have been complied with, the Registrar must— 20 complete the certificate on the application for a warrant (a) of arrest; and issue a warrant of arrest in form AD 9.
(b) (4) Despite subclause (2), a Registrar may, in the case of any emer- gency or special circumstances, issue a warrant of arrest im- 25 mediately if the Registrar— (a) is satisfied that a notice of proceeding has been issued and that there is either an emergency or special circum- stances which justify the immediate issue of a warrant of arrest; and is given an indemnity that the Registrar requires against any claim arising out of the issue of a warrant of arrest.
30 (b) 784 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 6—continued (5) The Registrar may, instead of completing the certificate on the application for warrant of arrest, endorse the application to the effect that the warrant is issued under subclause (4).
Compare: 1908 No 89 Schedule 2 r 776(5)–(7), (12), (13), (17)(b) 25.35 (as substituted by 2008 No 90 s 8) 25.36 Service of warrant (1) The warrant must be served by— (a) (b) the Registrar; or a person lawfully authorised (whether generally or spe- cially for the purpose) to act as the Registrar.
5 10 (2) (3) The Registrar or other authorised person must serve the war- rant in the manner specified by these rules for the service of a notice of proceeding in an action in rem, and the property is to be treated as having been arrested when the warrant has been served by the Registrar or other authorised person in that man- 15 ner.

The warrant may be served on a Sunday, Good Friday, or Christmas Day, or any public holiday, as well as on any other day.
(4) A Registrar may, by fax or other means of communication,— 20 (a) send notice to the Registrar’s appointed officer or agent, or to any other Registrar, of the issue of a warrant of arrest of any ship: give instructions for the execution of the warrant.

(b) Compare: 1908 No 89 Schedule 2 r 776(8)–(10) 25.36 (as substituted by 2008 25 No 90 s 8) 25.37 Currency of warrant A warrant of arrest is valid for 6 months beginning on the day of issue unless sooner withdrawn, and successive warrants may be issued.
Compare: 1908 No 89 Schedule 2 r 776(14) 25.37 (as substituted by 2008 No 90 s 8) 30 785 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 6—continued 25.38 Notice of arrest of property (1) (2) The Registrar must give notice of the arrest of property by serving on any person or by affixing on a conspicuous part of the property a notice in form AD 10.

Service may be made by the Registrar’s duly appointed officer 5 or agent.
Compare: 1908 No 89 Schedule 2 r 776(15) 25.38 (as substituted by 2008 No 90 s 8) 25.39 No Crown indemnity required Rules 25.34(4)(b) and 25.35(4)(b) do not require the Crown to 10 give any indemnity or security.
Compare: 1908 No 89 Schedule 2 r 776(16) 25.39 (as substituted by 2008 No 90 s 8) 25.40 Contempt to move ship under arrest (1) This rule applies to— (a) (2) the master of a ship having notice of the issue of a war- rant of arrest of the ship: (b) any other person having notice of the arrest of the ship.

It is contempt of court for the master or other person to move the ship from where it is lying without the consent of the Regis- 20 trar.
Compare: 1908 No 89 Schedule 2 r 776(11) 25.40 (as substituted by 2008 No 90 s 8) 15 25.41 Application for directions concerning property under arrest The Registrar or any party to an action in rem may apply to the court for directions concerning any property under arrest (including directions for the removal of the property).

The person applying must give notice of the application to all parties to the action unless the court otherwise orders.
Compare: 1908 No 89 Schedule 2 r 776A 25.41 (as substituted by 2008 No 90 s 8) 25 30 (1) (2) 786 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 6—continued 25.42 Request for caveat against arrest of property (1) A person may request a caveat against the arrest of any prop- erty by filing a request in form AD 11 signed by the person or the person’s solicitor undertaking— (a) to enter an appearance in any action that may be started 5 against the property described in the request; and (b) within 3 working days after receiving notice that such an action has been started, to give security to the satis- faction of the Registrar in the sum specified in the re- quest or to pay that sum into court.
10 (2) (3) If the amount claimed in the action does not exceed the amount specified in the undertaking, the caveator must pay into court or give security for the amount claimed within 3 working days after the day of service of the notice of proceeding or counter- claim.
If the caveator fails to pay into court or give security in accord- ance with this rule, and the party seeking the issue of a warrant of arrest suffers any loss as a result, the court may order the caveator to pay to that party damages for that loss unless the caveator shows good and sufficient reason for that failure.
Compare: 1908 No 89 Schedule 2 r 777(1), (3), (4) 25.42 (as substituted by 2008 No 90 s 8) 15 20 25.43 Entry of caveat (1) Immediately on the filing of a request under rule 25.42, the Registrar must enter a caveat in the Register of Admiralty Pro- 25 ceedings.
(2) Neither this Part nor the entry of a caveat under this rule pre- vents a party from taking out a warrant for the arrest of prop- erty, but if a caveat is entered under this rule against the arrest of property and a party has that property arrested, that party is 30 liable for costs and damages unless the party shows good and sufficient reason for the arrest.
787 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 6—continued (3) A caveat under this rule is valid for 6 months commencing on the day after the date on which it is entered unless sooner withdrawn, and successive caveats may be entered.
(4) A caveat under this rule may be withdrawn at any time by the filing of a notice of withdrawal signed by the caveator or 5 the caveator’s solicitor, but the withdrawal does not affect any rights or obligations that may have accrued at the date of the withdrawal.

The court may, on its own initiative or on application, set aside a caveat entered under this rule.
Compare: 1908 No 89 Schedule 2 r 777(2), (5)–(8) 25.43 (as substituted by 2008 No 90 s 8) 10 (5) 25.44 Request for instrument of release (1) A party interested in any property arrested under a warrant of arrest may request a Registrar to issue an instrument of release 15 (a release) in form AD 12 for the release of the property unless the property is sold under an order of the court.

The release must be issued out of the registry where the action in which the warrant was issued is proceeding.
The Registrar must, before issuing the release, cause a search 20 to be made to ascertain whether a caveat against release of the property in question is in force.

Before a release is issued, the party entitled to its issue must,— if a caveat against release of the property in question is (a) in force, give notice to the party at whose instance it was 25 entered or that party’s solicitor requiring that the caveat be withdrawn; and file a request for the issue of a release.
(b) Before property under arrest is released in compliance with a release issued under this rule, the party at whose instance it was 30 issued must, in accordance with the directions of the Registrar, either pay the costs, charges, and expenses due in connection with the care and custody of the property while under arrest (2) (3) (4) (5) 788 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 6—continued (6) or give a written undertaking to pay those costs, charges, and expenses.
The court, on the application of any party who objects to di- rections given to that party by the Registrar under subclause (5), may vary or revoke the directions.
Compare: 1908 No 89 Schedule 2 r 778(1), (6)–(9) 25.44 (as substituted by 2008 No 90 s 8) 5 25.45 Issue of release (1) A Registrar may issue a release either— (a) (b) on the order of the court at the request of a party inter- 10 ested in the property under arrest; or by consent of all the other parties to the action in which the warrant of arrest was issued, unless release on this basis is prevented by a court order.
(2) A Registrar may issue a release under subclause (1) either— 15 (a) (b) on payment into court of the amount claimed in the no- tice of proceeding together with the costs of issue and execution of the warrant of arrest; or on security (including a bail bond in form AD 13) for those amounts having been given to the satisfaction of 20 the Registrar.

(3) A release must not be issued for property under subclause (1) if a caveat against release of that property is in force, unless the court otherwise orders.
(4) A release must be issued for property if,— (a) (b) before an appearance is entered in the action concerned, a party at whose instance the property was arrested files a notice withdrawing the warrant of arrest; and rule 25.44(4) has been complied with (if applicable) and the release is not prevented by subclause (3).
Compare: 1908 No 89 Schedule 2 r 778(2)–(5), (10) 25.45 (as substituted by 2008 No 90 s 8) 25 30 789 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 6—continued 25.46 Caveat against release and payment (1) A person may prevent the release of property under arrest in an action in rem or the payment out of court of any money in court representing the proceeds of sale of that property, or both that release and that payment, by filing a request for a caveat 5 in form AD 14.
(2) On the filing of the request, the Registrar must enter in the Register of Admiralty Proceedings a caveat against— the issue of a release for the property; or (a) the payment out of court of the money in court; or (b) both.

(c) The caveator must serve a copy of the caveat on every party to the action.
(3) 10 (4) A party who delays the release of property by entry of a caveat is liable in damages to any person having an interest in the 15 property, unless that party shows to the satisfaction of the court good and sufficient reason for having the caveat entered.

(5) A caveat under this rule is valid for 6 months commencing on the day after the date of entering, unless sooner withdrawn, but successive caveats may be entered.
20 (6) A caveat under this rule may be withdrawn by filing a notice of withdrawal signed by the caveator or the caveator’s solicitor.

The court may, on its own initiative or on application, set aside a caveat issued under this rule.
Compare: 1908 No 89 Schedule 2 r 779 25.46 (as substituted by 2008 No 90 s 8) 25 (7) 25.47 Discharge of cargo under arrest from ships not under arrest and of cargo not under arrest If a ship is not under arrest but cargo on board the ship is, persons interested in the ship who wish to discharge the cargo under arrest may, without intervening in the action, request the 30 Registrar to take the appropriate steps in accordance with this rule.
(1) 790 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 6—continued (2) (3) (4) The Registrar must apply to the court under rule 25.41 for the appropriate order if— (a) (b) the Registrar considers the request reasonable; and the applicant gives the Registrar a satisfactory undertak- ing in writing to pay on demand the fees and expenses 5 incurred by the Registrar, and any of the Registrar’s ap- pointed officers or agents, in taking the desired steps.
If the interested persons are unable or unwilling to arrange for an undertaking under subclause (2)(b) to be given, they may intervene in the action in which the cargo is under arrest and 10 apply for an order for discharge of the cargo and for directions as to the fees and expenses incurred by the Registrar, and any of the Registrar’s appointed officers or agents, in discharging and storing the cargo under the order.
If a ship is under arrest but cargo on board the ship is not, 15 persons interested in the cargo who wish to secure its discharge may follow one or other of the procedures specified in this rule.

Compare: 1908 No 89 Schedule 2 r 780 25.47 (as substituted by 2008 No 90 s 8) 25.48 Security (1) (2) The amount and form of any security required under this Part 20 may be determined by the court or a Judge on an application by any party.
If security is being given by a person not ordinarily resident within the jurisdiction, that person must— (a) submit to the jurisdiction of the court for all purposes re- 25 lating to the security and its enforcement, unless other- wise ordered by the court; and give an address for service within the jurisdiction of the court.
(b) Compare: 1908 No 89 Schedule 2 r 781 25.48 (as substituted by 2008 No 90 s 8) 30 791 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 6—continued 25.49 Payment out of court (1) No money paid into court in any action may be paid out of court except under subclause (2) or by order of the court or a Judge.
(2) With the written consent of all parties to the action and of any 5 caveator and of any intervener under rule 25.50, the Registrar may authorise money to be paid out of court.
Compare: 1908 No 89 Schedule 2 r 782 25.49 (as substituted by 2008 No 90 s 8) 25.50 Interveners (1) If property against which an action in rem is brought is under 10 arrest or money representing the proceeds of sale of that prop- erty is in court, a person who has an interest in that property or money but who is not a defendant to the action may intervene in the action.

The intervener must file papers appropriate to the proceeding 15 and serve those papers on every other party.
Compare: 1908 No 89 Schedule 2 r 783 25.50 (as substituted by 2008 No 90 s 8) (2) 25.51 Appraisement and sale of property (1) A party may request a commission for the appraisement and sale of any property under arrest of the court by filing a request 20 in form AD 15.

The court may, either before or after final judgment, order that any property described in the request— (a) (b) be appraised; or be sold with or without appraisement, and either by pub- 25 lic auction or by private contract.
If the property is deteriorating in value, the court may order that it be sold immediately.

If the property sold is of small value, the court may, if it thinks just, order that it be sold without a commission of sale being 30 issued.
(2) (3) (4) 792 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 6—continued (5) The commission for the appraisement must be in form AD 16 and must, unless the court otherwise orders, be executed by the Registrar or the Registrar’s duly appointed officer or agent.
(6) A commission for appraisement and sale may not be executed (7) until an undertaking in writing, satisfactory to the Registrar, 5 to pay the Registrar’s fees and expenses on demand has been lodged in the Registrar’s registry.

The Registrar must pay into court the gross proceeds of the sale of any property sold by the Registrar under a commission for sale, and must bring into court the account relating to the 10 sale (with vouchers in support).
Compare: 1908 No 89 Schedule 2 r 784 25.51 (as substituted by 2008 No 90 s 8) 25.52 Determination of priority of claims where court orders (1) sale of ship In making an order for the sale of a ship in an action in rem, 15 the court may further order— (a) that the order of priority of the claims against the pro- ceeds of sale of the ship not be determined until after the expiration of 65 working days, or of any other period specified by the court, beginning with the day on which 20 the proceeds of sale are paid into court: that any party to the action or to any other action in rem against the ship or the proceeds of sale of the ship may apply to the court in the action to which that party is a party to extend the period specified in the order: that, within 5 working days after the date of payment into court of the proceeds of sale, the Registrar must send a notice in form AD 17 for publication in the Gazette and such newspaper (if any) as the court may direct.
30 25 (b) (c) (2) A party who obtains judgment against the ship or the proceeds of sale of the ship may, on obtaining judgment, apply to the court by motion for an order determining the order of priority of the claims against the proceeds of sale of the ship.
793 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 25—continued Subpart 6—continued (3) However, if the order for sale contains a further order referred to in subclause (1), an application for an order determining priorities may be made only after the expiration of the period that applies under paragraph (a) or (b) of that subclause.
(4) An application to the court to extend the period referred to in 5 (5) (6) subclause (1)(a) must be served on each party who has begun an action in rem against the ship or the proceeds of sale of the ship.

The Registrar must lodge in the registry a copy of each news- paper in which the notice referred to in subclause (1)(c) ap- 10 peared.
The expenses incurred by the Registrar in complying with an order of the court under this rule must be included in the Regis- trar’s expenses relating to the sale of the ship.
Compare: 1908 No 89 Schedule 2 r 791 25.52 (as substituted by 2008 No 90 s 8) 15 Subpart 7—Miscellaneous provisions 25.53 Inspection of ship, etc (1) The court may, on the application of any party, make an order for the inspection by a court expert, or by any party or witness, of any ship or other property, whether real or personal, if the 20 inspection is necessary or desirable for the purpose of obtain- ing full information or evidence in connection with any issue in the action.
Subclause (1) does not limit the court’s powers under any other provision of these rules.

Compare: 1908 No 89 Schedule 2 r 793 25.53 (as substituted by 2008 No 90 s 8) 25 (2) 25.54 Consent orders (1) Any agreement in writing between the parties to a cause or matter that is dated and signed by the parties or their solicitors may be filed if the Registrar thinks it is reasonable to file the 30 agreement.
794 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 25—continued Subpart 7—continued (2) The agreement becomes an order of the court when it is filed.

Compare: 1908 No 89 Schedule 2 r 794 25.54 (as substituted by 2008 No 90 s 8) 25.55 Registrar may seek court’s assistance (1) The Registrar may apply to the court for orders to assist the Registrar in the performance or exercise of any function, duty, 5 right, or power conferred or imposed on the Registrar by this Part.
The court may make any orders it thinks just concerning the performance or exercise of that function, duty, right, or power.

Compare: 1908 No 89 Schedule 2 r 795(1) 25.55 (as substituted by 2008 No 90 10 s 8) (2) 25.56 Parties may seek review of Registrar’s decision (1) Any party to a proceeding who is affected by a decision of the Registrar under this Part may apply, by interlocutory applica- tion, to review that decision.

The court may make any orders it thinks just.


Compare: 1908 No 89 Schedule 2 r 795(2) 25.56 (as substituted by 2008 No 90 s 8) (2) Part 26 Arbitration Act 1996 Subpart 1—Preliminary provisions 15 20 26.1 Interpretation In this Part,— Act means the Arbitration Act 1996 arbitral tribunal has the same meaning as in section 2(1) of 25 the Act Judge includes Associate Judge Schedule 1 means Schedule 1 of the Act Schedule 2 means Schedule 2 of the Act.
Compare: 1908 No 89 Schedule 2 r 877 26.1 (as substituted by 2008 No 90 s 8) 30 795 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 26—continued Subpart 1—continued 26.2 Application This Part applies to— (a) (b) an appeal under clause 5(1)(a) or (b) of Schedule 2: an application for leave to appeal under clause 5(1)(c) of Schedule 2: an application for entry of an award as a judgment under article 35 of Schedule 1.
(c) Compare: 1908 No 89 Schedule 2 r 878 26.2 (as substituted by 2008 No 90 s 8) Subpart 2—Appeals under clause 5(1)(a) or (b) of Schedule 2 5 10 26.3 Originating application to commence appeal (1) The plaintiff must commence an appeal to which clause 5(1)(a) or (b) of Schedule 2 applies by filing an originating application in the proper registry determined under rule 5.1.

The originating application— (a) must be in form Arb 1; and (b) must not name the arbitral tribunal as a defendant.
Rule 5.44 applies to the originating application.

The application must attach the award or arbitral tribunal’s decision to which the appeal relates, but if it is not available 20 at the date of the application it must be filed by the applicant immediately it becomes available.

This rule has effect despite rule 5.25 or Part 18.


Compare: 1908 No 89 Schedule 2 r 879 26.3 (as substituted by 2008 No 90 s 8) 15 (2) (3) (4) (5) 26.4 Affidavit to be filed in support 25 At the same time as the originating application is filed, the plaintiff must file an affidavit proving that the appeal falls within clause 5(1)(a) or (b) of Schedule 2, as the case may be.
Compare: 1908 No 89 Schedule 2 r 880 26.4 (as substituted by 2008 No 90 s 8) 796 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 26—continued Subpart 2—continued 26.5 Service The plaintiff must serve copies of the originating application and the affidavit on the defendant either before or immediately after filing.
Compare: 1908 No 89 Schedule 2 r 882 26.5 (as substituted by 2008 No 90 s 8) 5 26.6 Amending appeal grounds The grounds of the appeal may be subsequently amended by leave of the court.

Compare: 1908 No 89 Schedule 2 r 881 26.6 (as substituted by 2008 No 90 s 8) 26.7 Notice of opposition to application (1) A defendant intending to oppose the originating application 10 file a notice of opposition; and serve it on the plaintiff and all other parties.
must— (a) (b) The notice of opposition— (a) must be filed within 10 working days after service of the 15 (2) originating application; and (b) must state the defendant’s intention to oppose the appli- cation and the grounds of opposition, including— (i) a denial of any fact stated in the originating ap- 20 plication that is not admitted; and a statement of any fact or matter, not mentioned in the originating application, on which the de- fendant relies; and (ii) (c) must contain a reference to any enactment, or rule, or 25 principle of law on which the defendant relies; and (d) must be in form G 33, with any necessary modifications.
Compare: 1908 No 89 Schedule 2 r 883 26.7 (as substituted by 2008 No 90 s 8) 26.8 Cross-appeal (1) A defendant wishing to cross-appeal at the hearing of the ori- 30 ginating application in the circumstances set out in subclause (2) must— 797 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 26—continued Subpart 2—continued file a notice of cross-appeal; and serve it on the plaintiff and all other parties.
(a) (b) The circumstances are that— (a) (2) the defendant intends to contend at the hearing that an- other question of law arises out of the award; and the other question is the reason for the cross-appeal; and clause 5(1)(a) or (b) of Schedule 2 applies with respect to the other question.

5 (b) (c) (3) The notice of cross-appeal— (a) must be filed within 10 working days after service of the 10 plaintiff’s originating application; and (b) must be in form Arb 1, with any necessary modifica- tions.
(4) This Part applies to cross-appeals with all necessary modifica- tions.

Compare: 1908 No 89 Schedule 2 r 884 26.8 (as substituted by 2008 No 90 s 8) 15 26.9 Record of arbitration (1) (2) This rule and rule 26.10 apply if the court gives a direction under rule 7.5(7)(d)(i) at a case management conference or at any other time.
The record of the arbitration comprises any— (a) application, documents, written submissions, state- ments, reports, and other papers lodged with the arbitral tribunal; and transcript of evidence; and exhibits.

(b) (c) (3) Despite subclause (2), a part of the record must be omitted from the record filed if the parties agree that it is unnecessary for the hearing of the appeal.
The cost of preparing the record— (a) must be met by the plaintiff; and (4) 798 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 26—continued Subpart 2—continued is a disbursement in the proceeding.

(b) Compare: 1908 No 89 Schedule 2 r 886(1), (3), (6), (7) 26.9 (as substituted by 2008 No 90 s 8) 26.10 Service and filing of record (1) The plaintiff must serve a properly indexed copy of the record 5 of the arbitration on the defendant within 20 working days of the direction.
(2) Within 5 working days after service of the proposed record and index, the defendant must,— (a) if agreeing to the record and index, signify agreement 10 by signing the index; or advise the plaintiff of changes sought to the proposed record or index.
(b) (3) After the defendant has taken the steps in subclause (2), the plaintiff must file, without delay,— (a) (b) a properly indexed copy of the record; and a memorandum setting out changes sought by the de- fendant and the plaintiff’s reasons for not agreeing to them, if applicable; and any further documents that the defendant contends form 20 part of the record.

(c) 15 (4) The court may direct the plaintiff to file a further copy of the record if an appeal is to be heard by more than 1 Judge.
Compare: 1908 No 89 Schedule 2 r 886(2), (4), (5), (8) 26.10 (as substituted by 2008 No 90 s 8) 25 26.11 Transcript of evidence (1) (2) This rule and rule 26.12 apply if the court gives a direction under rule 7.5(7)(d)(ii) at a case management conference or at any other time.
The court may order that a transcript be made of any recorded 30 evidence given in the arbitration— (a) if it is satisfied that the transcript is required to properly determine the appeal; and 799 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 26—continued Subpart 2—continued (3) (b) subject to any conditions that the court thinks just.

The cost of preparing a transcript is a disbursement in the pro- ceeding.
Compare: 1908 No 89 Schedule 2 r 887(1), (2), (7) 26.11 (as substituted by 2008 No 90 s 8) 26.12 Service and filing of transcript (1) The plaintiff must serve the proposed transcript on the defen- dant within 20 working days of the direction.
(2) Within 5 working days after service of the proposed transcript, the defendant must— (a) (b) agree to the transcript, and signify agreement by appro- priately certifying the transcript; or advise the plaintiff of— (i) (ii) changes sought; and additional evidence to be transcribed.
5 10 15 (3) After the defendant has taken the steps in subclause (2), the plaintiff must file, without delay,— (a) (b) the transcript; and a memorandum setting out changes sought by the de- fendant and the plaintiff’s reasons for not agreeing to 20 them, if applicable.

The defendant may file a transcript of evidence if— (a) the defendant sought to have additional evidence tran- scribed; and the plaintiff disputed— (i) (ii) the relevance of the evidence; or the necessity of transcribing it for the hearing.
(b) The court may direct a party submitting a transcript to file a further copy of it if an appeal is to be heard by more than 1 Judge.

Compare: 1908 No 89 Schedule 2 r 887(3)–(6), (8) 26.12 (as substituted by 2008 No 90 s 8) 25 30 (4) (5) 800 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 26—continued Subpart 2—continued 26.13 Hearing of appeal (1) Appeals are by way of rehearing.
(2) In an appeal, the court has all the powers and discretions of an arbitral tribunal— (a) (b) to hold the hearing or any part of it in private; and to make orders prohibiting the publication of any report or description of the proceedings or any part of them.
5 Compare: 1908 No 89 Schedule 2 r 889 26.13 (as substituted by 2008 No 90 s 8) 26.14 Leave to appeal to Court of Appeal An application to the High Court under clause 5(5) of Schedule 10 2 for leave to appeal to the Court of Appeal must be filed within 20 working days of the High Court’s determining the appeal under clause 5(4) of Schedule 2.
Compare: 1908 No 89 Schedule 2 r 890 26.14 (as substituted by 2008 No 90 s 8) Subpart 3—Leave to appeal under clause 5(1)(c) of Schedule 2 26.15 Applications for leave to appeal (1) The plaintiff must commence a proceeding to which clause 5(1)(c) of Schedule 2 applies by filing an originating applica- tion in the proper registry determined under rule 5.1.

The originating application— (a) must be in form Arb 2; and (b) must not name the arbitral tribunal as a defendant.
In relation to the originating application, the following apply: (a) (b) This rule has effect despite rule 5.25 or Part 18.

Compare: 1908 No 89 Schedule 2 r 891 26.15 (as substituted by 2008 No 90 s 8) rule 5.44; and rules 26.4 to 26.7, with all necessary modifications.
(2) (3) (4) 15 20 25 26.16 Submissions (1) The plaintiff must file the following within 10 working days 30 of the time specified in subclause (2): 801 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 26—continued Subpart 3—continued (2) submissions as to why leave should be granted: (a) (b) copies of any authorities relied on.
The time is whichever of the following applies: (a) the date on which the plaintiff is served with a notice of opposition: the date by which the defendant must file a notice of op- position if the defendant wishes to oppose the applica- tion.

(b) (3) Copies of material filed must be served immediately on any defendant who has filed and served a notice of opposition.
(4) At the hearing, unless otherwise directed by the Judge,— (a) (b) (c) the plaintiff or his or her counsel is restricted to 30 min- utes; and the defendant or his or her counsel is restricted to 30 minutes; and the plaintiff or his or her counsel is restricted to 10 min- utes by way of reply.
Compare: 1908 No 89 Schedule 2 r 892 26.16 (as substituted by 2008 No 90 s 8) 5 10 15 26.17 Granting leave The court need not give reasons for granting leave unless it 20 thinks reasons are required in the circumstances.

Compare: 1908 No 89 Schedule 2 r 893 26.17 (as substituted by 2008 No 90 s 8) 26.18 Refusing leave The court must give reasons if it refuses to grant leave.
Compare: 1908 No 89 Schedule 2 r 894(1) 26.18 (as substituted by 2008 No 90 25 s 8) 26.19 Applying to Court of Appeal for leave to appeal An application to the court under clause 5(5) of Schedule 2 for leave to appeal to the Court of Appeal from a refusal to grant leave to appeal must be filed within 20 working days of the 30 refusal.
Compare: 1908 No 89 Schedule 2 r 894(2) 26.19 (as substituted by 2008 No 90 s 8) 802 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 26—continued Subpart 4—Entry of award as judgment under article 35 of Schedule 1 26.20 Entry of judgment if all parties agree (1) All parties to an award who agree that it may be entered as (2) a judgment may apply to a Registrar by letter signed by all 5 parties or their solicitor or counsel requesting the entry of the award as a judgment.
The Registrar must enter the award as a judgment as soon as practicable— (a) (b) if he or she is satisfied that all parties have agreed; and if he or she is satisfied with respect to the matters set out in article 35(2) of Schedule 1.
10 Compare: 1908 No 89 Schedule 2 r 895 26.20 (as substituted by 2008 No 90 s 8) 26.21 Entry of judgment in other cases (1) If rule 26.20 does not apply, a party to an award who wishes 15 to enforce it may— (a) (b) enforce it by action; or apply to the court for entry of the award as a judgment.

(2) A party electing the method set out in subclause (1)(a) must commence a proceeding under Part 5.
20 (3) A party electing the method set out in subclause (1)(b) must follow the procedure set out in rules 26.22 to 26.27.

Compare: 1908 No 89 Schedule 2 r 896 26.21 (as substituted by 2008 No 90 s 8) 26.22 Application for entry of award as judgment (1) The party to the award must file an originating application in 25 the proper registry, determined under rule 5.1.

The originating application— (a) must be in form Arb 3; and (b) must not name the arbitral tribunal as a defendant.
Rule 5.44 applies to the originating application.

This rule has effect despite anything in rule 5.25 or Part 18.

Compare: 1908 No 89 Schedule 2 r 897 26.22 (as substituted by 2008 No 90 s 8) 30 (2) (3) (4) 803 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 26—continued Subpart 4—continued 26.23 Affidavit to be filed in support At the same time as the originating application is filed, the plaintiff must file an affidavit proving the matters set out in article 35(2) of Schedule 1.
Compare: 1908 No 89 Schedule 2 r 898 26.23 (as substituted by 2008 No 90 s 8) 5 26.24 Service (1) The plaintiff must serve copies of both the originating appli- cation and the affidavit on the defendant either before or im- mediately after filing.

Subclause (1) does not apply if the plaintiff obtains an order 10 under rule 26.25.
Compare: 1908 No 89 Schedule 2 r 899 26.24 (as substituted by 2008 No 90 s 8) (2) 26.25 Entry as judgment without notice in exceptional (1) (2) (3) (4) circumstances In exceptional circumstances, the plaintiff may, on or after the 15 filing of the originating application, file an application without notice for an order that the award be entered as a judgment.

The application must be supported by an affidavit that sets out the exceptional circumstances that justify the order sought.
The court may determine the application without notice and 20 make the order sought if satisfied that the order is required in the interests of justice.

If the court makes the order sought, the court may also direct that the award not be enforced before it has been served on the defendant and a period specified by the court has expired after 25 service.
Compare: 1908 No 89 Schedule 2 r 899A 26.25 (as substituted by 2008 No 90 s 8) 26.26 Entry as judgment if defendant takes no steps (1) The Registrar must enter the award as a judgment as soon as 30 practicable if— 804 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 26—continued Subpart 4—continued (2) (a) the defendant takes no steps within the time specified in subclause (2); and the plaintiff makes an application for the entry.
(b) The time is whichever of the following applies: (a) 10 working days after the plaintiff’s application is 5 served on the defendant; or a period fixed by the court of less than 10 working days after the order fixing that period is served on the defen- dant.

(b) (3) An application to the Registrar under subclause (1)(b)— 10 (a) (b) is made by letter signed by the plaintiff or his or her solicitor or counsel requesting the entry of the award as a judgment; and need not be served on the defendant.
(4) An application for an order under subclause (2)(b) may be 15 made without notice.

(6) (5) An order under subclause (2)(b) does not take effect unless it is served on the defendant together with the documents referred to in rule 26.24(1).

Subclause (5) applies even if the originating application to 20 which the order relates has already been served on the defen- dant, and in that case the previous service of the application ceases to have effect when the order is made.
Compare: 1908 No 89 Schedule 2 r 900 26.26 (as substituted by 2008 No 90 s 8) 25 26.27 Opposition to entry as judgment (1) This rule applies if a defendant wishes to oppose the originat- ing application.

The plaintiff’s application is stayed pending the determination of an application under this rule.

The defendant must file and serve an application seeking an 30 order for refusal of recognition and enforcement in terms of article 36 of Schedule 1.
The application referred to in subclause (3) must be— (2) (3) (4) 805 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 26—continued Subpart 4—continued (a) (b) (c) (d) filed and served within the applicable period specified in rule 26.26(2); and treated as if it were an originating application under Part 19; and disposed of in accordance with Part 19; and determined at the same time as the plaintiff’s applica- tion to enforce the award by entry as a judgment.
To avoid doubt, an application under this rule is concerned with the recognition or enforcement of an award and not with any question of law arising out of the award that may be de- 10 termined by the court or the Court of Appeal under clause 5 of Schedule 2 of the Act.
Compare: 1908 No 89 Schedule 2 r 901 26.27 (as substituted by 2008 No 90 s 8) 5 (5) Part 27 Administration (including probate) Subpart 1—General 27.1 Wills and intestacies to which this Part applies (1) The rules in this Part apply to— (a) (b) the wills (whenever made) of persons who die on or after 1 November 2007; and grants of administration in respect of persons who die intestate on or after the date when these rules come into force.
The rules in this Part, except rule 27.14, do not apply to the wills of persons who died before 1 November 2007.

The High Court Rules set out in Schedule 2 of the Judicature Act 1908 before their amendment by the High Court Amend- ment (Wills Act 2007) Rules 2007, except for the amendment in rule 27.14, apply to the wills of persons who died before 1 November 2007.
Compare: 1908 No 89 Schedule 2 r 27.1 (as substituted by 2008 No 90 s 8) (2) (3) 806 15 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 1—continued 27.2 Interpretation For the purposes of this Part,— administration— (a) means probate of a deceased’s will; and (b) (c) includes letters of administration of a deceased’s estate, 5 granted with or without a will annexed, for general, spe- cial, or limited purposes; and for Public Trust or the Māori Trustee or a trustee com- pany as defined in the Trustee Companies Act 1967, in- cludes— (i) (ii) administrator— (a) means a person to whom administration is granted; and (b) an order to administer; and an election to administer includes Public Trust or the Māori Trustee or a trustee 15 company as defined in the Trustee Companies Act 1967 treated as an executor or administrator because it has filed an election to administer 10 executed, for a will, means signed and witnessed in accord- ance with the requirements of section 11(3) and (4) of the Wills 20 Act 2007 grant means a grant of administration will has the same meaning as in section 8 of the Wills Act 2007.
Compare: 1908 No 89 Schedule 2 r 27.2 (as substituted by 2008 No 90 s 8) Subpart 2—Applications for administration 25 27.3 Kinds of applications for grants An application for a grant is made by— an application without notice under rule 27.4; or (a) (b) an application in solemn form under rule 27.6.

Compare: 1908 No 89 Schedule 2 r 27.3 (as substituted by 2008 No 90 s 8) 30 27.4 Applications without notice (1) This rule applies to an application without notice.
807 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 2—continued Rule 5.36 does not apply to the application.

(2) (3) The application is headed in the same way as form PR 1.

(4) A lawyer may give the certificate required by rule 7.23(2), even though he or she— (a) is one of the witnesses to the will that the application is 5 about; or (b) is named as an executor in the will; or is an executor of the will according to its tenor.
(c) If the applicant knew the deceased or knows about the de- ceased’s death personally, the applicant must file an affidavit 10 in whichever is appropriate of forms PR 1 to PR 6 to prove the deceased’s death.

If the applicant did not know the deceased and does not know about the deceased’s death personally,— (a) paragraphs 1 and 2 of forms PR 1 to PR 6 must be omit- 15 ted; and another person must swear an affidavit proving the de- ceased’s death, in the form of paragraphs 1 and 2 of form PR 1.
(b) If the application is for a grant of probate or a grant of letters 20 of administration with the will annexed, the applicant must file an affidavit in form PR 1 or PR 2 to prove the validity of the will that the application is about.

The procedure for dealing with the application is the same as for an application without notice under rules 7.19 and 7.23, 25 subject to this Part.
(5) (6) (7) (8) (9) A form presented for filing under this rule is not invalid just because it contains minor differences from a prescribed form as long as the form still has the same effect and is not mislead- ing.
Compare: 1908 No 89 Schedule 2 r 634 27.4 (as substituted by 2008 No 90 s 8) 30 27.5 Restrictions if possibly invalid will exists This rule applies if the applicant— (1) 808 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 2—continued (2) (3) (a) knows of a will later than the will that the application is about; and has reason to believe that the later will is invalid.
seeks a grant because the deceased was intestate; and knows of a will; and has reason to believe that the will is invalid.
(b) This rule also applies if the applicant— (a) (b) (c) The applicant may make an application under rule 27.4 con- taining proof that— (a) 5 the applicant has given the executor named in the will 10 written or electronic notice of the applicant’s intention to apply; and the executor has not applied for a grant within 1 month after service of the notice; and a caveat has not been lodged against a grant within 1 15 month after service of the notice.
(b) (c) (4) The court— (a) may direct the applicant to apply for an order under section 53 of the Administration Act 1969; and (b) must defer dealing with the application under rule 27.4 20 until the application under section 53 has been deter- mined.

Compare: 1908 No 89 Schedule 2 r 635 27.5 (as substituted by 2008 No 90 s 8) Applications in solemn form 27.6 Applications in solemn form (1) (2) An application is made in solemn form if— This rule applies to an application in solemn form.
(3) (4) the applicant chooses to apply in that way; or the applicant is ordered to apply in that way.

(a) (b) Part 5 applies to the application.

The procedure for dealing with the application is the same as for an ordinary proceeding, subject to the rules in this Part.
Compare: 1908 No 89 Schedule 2 r 636 27.6 (as substituted by 2008 No 90 s 8) 25 30 809 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 2—continued 27.7 Respondents and additional parties (1) The applicant may apply to the court for directions as to the persons to be named as respondents to an application under rule 27.6.
If the applicant does not apply, or if the court does not give 5 directions, the applicant must name as respondents— (a) the person who may be entitled to a grant if the applicant does not obtain the grant; and all persons who have lodged caveats under rule 27.11.

(b) (2) (3) A person interested in the result of an application under rule 10 (4) 27.6 may apply to the court to be added as a party.
If the court is satisfied that the interests of the person are not already adequately represented, it may— order that the person be added; and (a) impose conditions on the order, if necessary; and (b) give directions as to the part that the person is to take in (c) the hearing of the application.
Compare: 1908 No 89 Schedule 2 r 637 27.7 (as substituted by 2008 No 90 s 8) 15 27.8 Compromises (1) (2) This rule applies if an application under rule 27.6 is the subject 20 of a compromise, whether or not a statement of defence has been filed.

The court may direct— (a) that the application is to be treated as an application under rule 27.4; and that evidence on the application may be given by affi- davit.
(b) 25 Compare: 1908 No 89 Schedule 2 r 638 27.8 (as substituted by 2008 No 90 s 8) 27.9 Pleadings (1) This rule applies to an application under rule 27.6 in which a 30 pleading states that the will that the application relates to is invalid.
810 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 2—continued (2) (3) (4) (5) 5 This rule also applies to an application under rule 27.6 in which a pleading states that a will that is the subject of a grant ob- tained by way of an application without notice is invalid.

The pleading must state the substance of the case against val- idity.
If the allegation is that the will’s execution was not valid, the pleading must state the facts on which the allegation is based.
If the allegation is that the will-maker did not have testament- ary capacity when the will was executed, the pleading must state whether the incapacity lay in any or all of the following: 10 the will-maker’s lack of ability to comprehend or recol- (a) lect the extent of his or her estate; or the will-maker’s lack of ability to comprehend or recol- lect the claims of persons excluded from participating in his or her estate; or the will-maker’s insane delusions about the persons who have claims on his or her estate; or some other specified incapacity.
(d) Compare: 1908 No 89 Schedule 2 r 639 27.9 (as substituted by 2008 No 90 s 8) (b) (c) 15 27.10 Where application is filed (1) (2) (3) This rule applies to an application, and all other documents, filed under this Part.

Irrespective of the place where the deceased died, the applica- tion and documents must be filed in the registry of the court at Wellington.
If an application or a document is filed in the wrong registry of the court, the court may order the transfer of the application or document to the proper registry.

Compare: 1908 No 89 Schedule 2 r 643 27.10 (as substituted by 2008 No 90 s 8) 27.11 Where caveat is lodged (1) This rule applies to a caveat under section 60 of the Adminis- tration Act 1969.
811 20 25 30 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 2—continued (2) (3) The caveat must be in form PR 10.

The caveat must be lodged with the Registrar of the court at Wellington.
Compare: 1908 No 89 Schedule 2 r 641 27.11 (as substituted by 2008 No 90 s 8) 27.12 Evidence of death (1) 5 The court may accept any evidence that satisfies it of the death of a person whose estate is the subject of an application for a grant, unless no dead body has been identified as that of the person.

If no dead body has been identified as that of the person, the 10 applicant must apply for leave to swear death.
The applicant applies by— (a) making an interlocutory application before filing an ap- (b) plication for a grant; or incorporating the application for leave to swear death in 15 an application without notice under rule 27.4.

The applicant must file affidavits stating— (a) the circumstances under which the application is made; and the facts from which the court is invited to infer death; 20 and whether or not the person’s life was insured and, if it was, the name and address of the insurer.
(b) (c) If the person’s life was insured,— (a) (b) the applicant must serve notice of the application and 25 copies of the affidavits on the insurer; and the insurer is treated as a party to the application for the purposes of rules 2.5 to 2.11 and 7.19 to 7.52.

The court may make an order that the person is presumed to be dead for the purposes of the grant.

The court may accept any evidence that satisfies it of the death of a person who, if alive, would have been entitled to a grant.
Compare: 1908 No 89 Schedule 2 r 642 27.12 (as substituted by 2008 No 90 s 8) 30 (2) (3) (4) (5) (6) (7) 812 5 10 15 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 2—continued 27.13 Sale of perishable property This rule applies if— (1) (a) (b) a deceased leaves perishable property; and the property’s value may be greatly diminished before the court can make a grant.
(2) A person interested in the deceased’s estate may apply to the court for an order— (a) (b) authorising a named person to sell the property; and directing the payment of the proceeds to the Registrar for the deceased’s estate.

The court may make the order.


Compare: 1908 No 89 Schedule 2 r 643 27.13 (as substituted by 2008 No 90 s 8) (3) 27.14 Registrars may make some orders (1) This rule applies to the following registrars: (a) (b) all Registrars; and all Senior Deputy Registrars in the Auckland registry; and no other deputy registrars.
(c) The registrars have the powers of the court under— (a) (2) sections 5 to 9A and sections 12, 19, 21, 44, and 20 61(a)(ii) of the Administration Act 1969; and section 380(4)(c)(iii) of the Insolvency Act 2006; and section 154(3) of the Insolvency Act 1967; and section 76 of the Public Trust Act 2001; and section 35(4) of the Trustee Act 1956; and section 8(1) of the Trustee Companies Act 1967; and rules 27.10(6)(b) and 27.10(7); and rule 27.12(6), if an unopposed application has been made under rule 27.12(3); and rule 27.13(3); and rule 27.29(2); and rule 27.30(1) to (4); and rule 27.34(2); and rule 7.23(5).
30 25 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) 813 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 2—continued (3) Rules 2.7 to 2.11 apply to a registrar acting under subclause (2) and, for this purpose, references in them to rule 2.5 or 2.6 must be read as references to rule 27.14(2).
Compare: 1908 No 89 Schedule 2 r 644 27.14 (as substituted by 2008 No 90 s 8) 27.15 Application of rules 27.16 to 27.28 Rules 27.16 to 27.28 apply to every case in which a will is advanced and relied on— (a) (b) for a grant of probate; or for a grant of letters of administration with the will an- nexed.
Compare: 1908 No 89 Schedule 2 r 645 27.15 (as substituted by 2008 No 90 s 8) 5 10 27.16 Evidence as to execution (1) A person who knows the relevant facts personally may provide (2) (3) (4) an attesting witness; or a person present when the will was executed.

the evidence required by rules 27.17 to 27.28.


If the evidence relates to the fact, date, manner, or circum- 15 stances of the execution of a will, the person providing the evidence must be— (a) (b) If the authenticity of the signature of the will-maker or an at- 20 testing witness is in doubt, the court may accept evidence from any appropriate person to prove that the signature is in the handwriting of the will-maker or the attesting witness.
If the application is unopposed, evidence given under this rule must be given by affidavit, and form PR 12 may be used.
Compare: 1908 No 89 Schedule 2 r 646 27.16 (as substituted by 2008 No 90 s 8) 25 27.17 Evidence of validity Each of the following is evidence that a will is valid: (a) a statement by each of the witnesses on the will as pro- vided in section 11(5) of the Wills Act 2007: 30 814 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 2—continued (b) (c) evidence given under rule 27.16 satisfying the court that the will complies with section 11(3) and (4) of the Wills Act 2007: a copy of an order of the court made under section 14 of the Wills Act 2007.
Compare: 1908 No 89 Schedule 2 r 27.17 (as substituted by 2008 No 90 s 8) 27.18 Doubt as to will-maker’s understanding (1) This rule applies if— (a) a person directed by the will-maker signed the will- maker’s will in the will-maker’s presence; and the will does not state that the will-maker read over the will and thoroughly understood it before the will-maker directed the person to sign it.
5 10 This rule also applies if— (a) was blind; or the will-maker— (i) (ii) was illiterate; or (iii) the will does not state that the will was read over to, and thoroughly understood by, the will-maker before 20 the will-maker signed it.

signed the will by mark; and 15 thoroughly understood the will; or had full knowledge of its contents.
This rule also applies if the court is doubtful for any other reason whether or not the will-maker, at the time the will was signed,— (a) (b) Evidence must be given under rule 27.16 satisfying the court that the will-maker, at the time the will was signed,— (a) (b) Compare: 1908 No 89 Schedule 2 r 648 27.18 (as substituted by 2008 No 90 s 8) thoroughly understood the will; or had full knowledge of its contents.
25 30 815 (b) (b) (2) (3) (4) Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 2—continued 27.19 Doubt as to originality of signature (1) This rule applies if it appears to the court, when it inspects a will, that a signature on it— (a) may not be an original signature; or (b) may be a reproduction of the original signature.

The court may require evidence to prove whether or not the signature is an original signature.
Compare: 1908 No 89 Schedule 2 r 649 27.19 (as substituted by 2008 No 90 s 8) 5 (2) 27.20 Doubt as to date If there is doubt as to the date on which a will was executed, 10 the court may require evidence to prove the date.

Compare: 1908 No 89 Schedule 2 r 650 27.20 (as substituted by 2008 No 90 s 8) 27.21 Changes (1) This rule applies if— (a) (b) (c) a change appears on a will; and the change is of practical importance; and the change was not made by a means described in sec- tion 15 of the Wills Act 2007.
(2) (3) The court may require evidence to prove whether or not the change was present when the will was executed.

The court may give directions as to the form in which the will is to be proved.

(4) Words that have been changed form part of a will as proved if the change does not obliterate the words in such a way as to prevent their effect being apparent.

Subclause (4) applies even though there is no satisfactory evi- dence that the words were changed before the will was exe- cuted.
Compare: 1908 No 89 Schedule 2 r 651 27.21 (as substituted by 2008 No 90 s 8) (5) 27.22 Revocations or revivals by other document (1) This rule applies if— 816 15 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 2—continued (a) (b) it appears to the court, when it inspects a will, that some other document has been attached to it; or a will contains a reference to another document in terms suggesting that it ought to be incorporated in the will.
The court may require the other document to be produced or 5 its non-production to be explained.

The court may require evidence as to— (a) (b) when it came into existence.
Compare: 1908 No 89 Schedule 2 r 652 27.22 (as substituted by 2008 No 90 s 8) 10 the attaching or incorporation of the document; and (2) (3) 27.23 Revocation (1) This rule applies if it appears to the court that,— (a) for a will made on or after 1 November 2007, one of the means of revocation described in section 16 of the Wills Act 2007 may have been used; or for a will made before 1 November 2007, one of the means of revocation described in section 16, as modi- fied by section 40(2)(m) and (n) of the Wills Act 2007, may have been used.
(b) 15 (2) The applicant must satisfy the court that the will has not been 20 revoked.

Compare: 1908 No 89 Schedule 2 r 653 27.23 (as substituted by 2008 No 90 s 8) 27.24 Duplicate wills (1) This rule applies if more than 1 copy of a will has been exe- cuted.

(2) All executed copies must be produced to the court, or ac- counted for to its satisfaction, to exclude an inference of revo- cation.

If the court doubts whether subclause (2) has been complied with, it may require evidence to prove that it was.
Compare: 1908 No 89 Schedule 2 r 654 27.24 (as substituted by 2008 No 90 s 8) (3) 25 30 817 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 3—Administration with will annexed 27.25 Circumstances in which grant may be made (1) This rule applies if a will exists but does not appoint an execu- tor.
This rule also applies if the executor or each of the executors 5 appointed— (a) (b) has died during the will-maker’s life; or has survived the will-maker but has died without ob- taining a grant; or has renounced probate of the will; or is a former spouse or former civil union partner of the will-maker whose appointment is void under section 19 of the Wills Act 2007, for a will made on or after 1 November 2007; or is a former spouse of the will-maker whose appoint- 15 ment is void under section 19, as modified by section 40(2)(q), of the Wills Act 2007, for a will made before 1 November 2007; or is incapable of acting as an executor but does not have an attorney for the purposes of section 9A of the Ad- 20 ministration Act 1969.
(c) (d) (e) (f) 10 This rule also applies if— (a) (b) section 19 of the Administration Act 1969 applies to an executor; and no one entitled to apply for an order nisi under that sec- 25 tion has done so within 4 months after the will-maker’s death.

The court may grant letters of administration with the will an- nexed to the person entitled to them according to the priority in rule 27.26.
Compare: 1908 No 89 Schedule 2 r 655(1), (3), (4) 27.25 (as substituted by 2008 No 90 s 8) 30 (2) (3) (4) 818 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 3—continued 27.26 Priority of potential administrators for purposes of rule (1) (2) (3) (4) 27.25 The first in priority is a residuary beneficiary holding in trust for any other person.

The second in priority is a residuary beneficiary for life.
The third in priority is,— (a) 5 if the will disposes of the whole residue, the ultimate residuary beneficiary; or if the will does not dispose of the whole residue but the court is satisfied that it disposes of the whole or 10 substantially the whole of the estate as ascertained by the time the application for the grant is made,— a beneficiary entitled to the estate; or (i) (ii) a beneficiary entitled to a share in the estate; or if the will does not dispose of the whole residue and 15 the court is not satisfied that it disposes of the whole or substantially the whole of the estate as ascertained by the time the application for the grant is made,— (i) a person entitled to a share in the residue not dis- posed of or the person’s personal representative; 20 or the Attorney-General, if entitled to claim the residue as bona vacantia on behalf of the Crown.
(ii) The fourth in priority is— (a) a specific beneficiary or the beneficiary’s personal rep- 25 resentative; or a creditor or the creditor’s personal representative; or if the will does not dispose of the whole estate, a person who has no immediate beneficial interest in the estate because of its small amount but may have a beneficial 30 interest if the estate increases.

(b) (c) (b) (c) (5) (6) The fifth in priority is a specific or residuary beneficiary who is entitled on the happening of a contingency.
The sixth in priority is a person who— (a) has no interest under the will; and 35 819 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 3—continued (b) would be entitled to a grant if the deceased had died wholly intestate.

(7) Persons who are third, fourth, or fifth in priority, and are en- titled to the grant, are entitled to the grant in order of priority in their class according to the value of their interests or the 5 amounts of their debts.
Compare: 1908 No 89 Schedule 2 r 656 27.26 (as substituted by 2008 No 90 s 8) 27.27 Proving entitlement to grant (1) This rule applies if— (a) (b) an applicant applies for a grant of letters of administra- 10 tion with the will annexed; and rule 27.26 would give persons other than the applicant a priority that is higher than, or equal to, that of the applicant.
The applicant must— (a) satisfy the court that all the persons are dead, incompe- tent, or disqualified; or satisfy the court that the applicant has given all the per- sons notice of the intended application; or attach the written consents of all the persons to an affi- 20 davit in form PR 2.

(b) (c) 15 The court may excuse the applicant from giving notice to, or obtaining the consent of, a person who, at the time of the ap- plication,— (a) (b) The court may impose conditions under subclause (3).
Compare: 1908 No 89 Schedule 2 r 657 27.27 (as substituted by 2008 No 90 s 8) is beyond the jurisdiction of the court; or cannot be found.
25 (2) (3) (4) 27.28 Grant while executor is minor (1) This rule applies if a person is, when the court grants letters of 30 administration with the will annexed,— the sole executor of the will; and (a) a minor; and (b) 820 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 3—continued (c) not entitled to a grant under section 9(3) of the Admin- istration Act 1969.
(2) (3) The court may grant letters of administration with the will an- nexed to any appropriate person.

The person is entitled to the grant until the minor becomes 5 entitled to and obtains a grant.
Compare: 1908 No 89 Schedule 2 r 658 27.28 (as substituted by 2008 No 90 s 8) Subpart 4—Grants 27.29 Time for making grant (1) The following time limits apply to the making of a grant: (a) for probate or letters of administration with the will an- nexed, no earlier than 5 working days from the date of the will-maker’s death; and for other letters of administration, no earlier than 10 working days from the date of the deceased’s death.
(b) 10 15 (2) If the applicant for the grant applies for the shortening of a time limit, the court may shorten it.

Compare: 1908 No 89 Schedule 2 r 659 27.29 (as substituted by 2008 No 90 s 8) 27.30 Grants to attorneys (1) (2) (3) is entitled to the grant; and does not reside in New Zealand.
The court may make a grant to the lawfully constituted attor- 20 ney of a person who— (a) (b) The court may make a grant to the holder of an enduring power of attorney for a donor to whom section 9A of the Administra- 25 tion Act 1969 applies.

If the person or the donor is one of 2 or more executors, the court may make the grant to the attorney or the holder only after— (a) the attorney or the holder has given notice to the other 30 executors; or the court has dispensed with notice.
(b) 821 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 4—continued The court may limit the grant in any way.

(4) (5) A grant under section 9A of the Administration Act 1969 must (6) convey the effect of sections 9A(6) and 9B(2) of that Act.

The grant is for the use and benefit of the person or donor.
Compare: 1908 No 89 Schedule 2 r 660 27.30 (as substituted by 2008 No 90 s 8) 5 27.31 Common or solemn form (1) A grant on an application under rule 27.4 must be in common form in whichever is appropriate of forms PR 7, PR 8, and PR 9.

(2) A grant on an application under rule 27.6 must be in solemn 10 form.
Compare: 1908 No 89 Schedule 2 r 661 27.31 (as substituted by 2008 No 90 s 8) Subpart 5—Inventories and accounts 27.32 Inventory and account filed by administrator (1) A person interested in a deceased’s estate may apply for an 15 order that the administrator of the estate file the following documents: (a) (b) an accurate inventory of the estate; and an account of the estate that— is accurate; and (i) states the dates and details of all receipts and dis- (ii) bursements; and states which of the receipts and disbursements were on capital account and which were on rev- enue account.
(iii) (2) The applicant must— (a) make the application within 3 years after the date of the grant appointing the administrator; and serve the administrator with notice of the application.
(b) If the court makes an order,— (3) 822 20 25 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 5—continued (a) (b) the administrator must file the documents within the period after the service of the order that the court speci- fies; and the account must be current to— (i) (ii) the date of service of the order; or another date specified in the order.
If no one makes an application, or if the court does not make an order,— (a) the administrator may file the documents if he or she wishes to do so and at any time he or she wishes; and the account must state the date to which it is current.

(b) The administrator must file an affidavit verifying the docu- ments.

The administrator must file the documents in the registry in which the grant was made.
Compare: 1908 No 89 Schedule 2 r 662 27.32 (as substituted by 2008 No 90 s 8) 5 10 15 (4) (5) (6) Subpart 6—Overseas assets 27.33 Administration of overseas assets (1) An administrator administering overseas assets may request the court to seal an exemplification of administration in form 20 PR 11.

(2) Alternatively, an administrator administering overseas assets may request the court to— seal a duplicate of the grant; or (a) (b) seal and certify a copy or photocopy of the grant.
The administrator must file an affidavit as to the purpose for which the duplicate, copy, or photocopy is required.

Compare: 1908 No 89 Schedule 2 r 663 27.33 (as substituted by 2008 No 90 s 8) (3) Subpart 7—Recall of grant 27.34 Recall of grant (1) If a grant is made in common form, a person may make an interlocutory application for an order for the recall of the grant.
25 30 823 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 7—continued (2) The court may make an order recalling the grant only if— (a) (b) the application is unopposed; and one of the following circumstances exists: (i) the grant was made on the basis that the deceased died intestate and a will has been found; or a will has been found with a date later than that of the will of which probate was granted; or the person to whom the grant was made applies for the recall; or the person to whom the grant was made consents 10 to the recall.
5 (ii) (iii) (iv) (3) (4) If subclause (2) is not satisfied, a person wishing to apply for an order for the recall of the grant must bring proceedings.

Rule 27.9 applies to an application under subclause (1) and the proceedings referred to in subclause (3).
Compare: 1908 No 89 Schedule 2 r 664 27.34 (as substituted by 2008 No 90 s 8) 15 Subpart 8—Priorities on intestacy 27.35 Order of priority for grant in case of intestacy (1) If a person has died wholly intestate, the right to apply for letters of administration of that person’s estate is determined in 20 accordance with the order of priority set out in subclause (3).

Subclause (1) is subject to section 6 of the Administration Act 1969.
The order referred to in subclause (1) is as follows: (a) the first in priority is persons having a beneficial interest 25 in the estate, according to the order of priority set out in subclause (4): the second in priority is the Attorney-General, if he or she claims bona vacantia on behalf of the Crown: the third in priority is a creditor of the deceased, or any 30 person who, even though having no immediate benefi- cial interest in the estate, may have a beneficial interest in the event of an accretion to it.
(b) (c) (2) (3) 824 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 8—continued (4) Persons having a beneficial interest in the estate are entitled to a grant of administration in the following order of priority: (a) the surviving spouse or civil union partner or de facto partner entitled to succeed on the intestacy, if paragraph (b) does not apply and his or her beneficial interest in 5 the estate is not affected,— (i) in the case of a surviving spouse, by section 12(2) of the Matrimonial Proceedings Act 1963 (as ap- plied by section 191(3) of the Family Proceed- ings Act 1980); or in the case of a surviving spouse or a surviving civil union partner, by section 26(1) of the Family Proceedings Act 1980; or in the case of a surviving de facto partner, by section 77B of the Administration Act 1969; or in every case, by the choice of option A under section 61 of the Property (Relationships) Act 1976: 10 15 (ii) (iii) (iv) (b) (c) (d) (e) (f) in a case of the kind referred to in section 77C of the Administration Act 1969 (succession on intestacy if in- 20 testate dies leaving a spouse or a civil union partner and 1 or more de facto partners, or 2 or more de facto part- ners), a surviving spouse, surviving civil union partner, or surviving de facto partner entitled to succeed on the intestacy, if his or her beneficial interest in the estate is 25 not affected in any of the ways stated in paragraph (a)(i) to (iv): the children of the deceased (including any persons en-
 titled by virtue of the Legitimation Act 1939 or the Sta- tus of Children Act 1969) or, failing them, the issue of a 30 child who has died during the lifetime of the deceased: the parent or parents of the deceased: brothers and sisters of full or half blood, or, failing them, the issue of any such brother or sister who has died during the lifetime of the deceased: grandparents: 35 825 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 8—continued (5) (6) (7) (g) uncles and aunts of full or half blood, or failing them, the issue of an uncle or aunt who has died during the lifetime of the deceased.
The personal representative of a person in any of the classes referred to in subclause (4) or the personal representative of a 5 creditor has the same right to a grant as the person represented.

The Adoption Act 1955 applies in determining entitlement to a grant in the same way that it applies to devolution of property on intestacy.
If a person has died partially intestate, that is, his or her will 10 has disposed of some but not all of that person’s assets, the court must make a single grant of administration for the whole of the estate.

The executor, or executors, named in the will has priority in applying for that grant, but otherwise rule 27.26 applies.
Compare: 1908 No 89 Schedule 2 r 665 27.35 (as substituted by 2008 No 90 s 8) 15 27.36 Justification of entitlement to grant (1) When application is made for a grant of letters of administra- tion of the estate of a person who has died wholly intestate and persons other than the applicant would have (if living and 20 competent), under rule 27.35, a priority higher than or equal to that of the applicant, the applicant— (a) must prove to the satisfaction of the court— (i) (ii) that those persons are dead or incompetent; or that notice of the intended application has been 25 given to them; or (b) must file their consents in writing, duly verified by affi- davit.
(2) Despite subclause (1), the court may, on any conditions that it thinks just, dispense with the giving of notice to, or the ob- 30 taining of the consent of, any person who, at the time of the application,— (a) (b) is beyond the jurisdiction of the court; or cannot be found.
826 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 8—continued (4) (3) The applicant must prove the identity and relationship with the deceased of any person who, under rule 27.35, has a priority higher than or equal to that of the applicant.
If the applicant is the surviving spouse or the surviving civil union partner, the applicant must prove that at the time of 5 the death of the deceased neither a decree of separation made under section 11 of the Matrimonial Proceedings Act 1963 nor a separation order made under Part 3 of the Family Proceed- ings Act 1980 was in force between the applicant and the de- ceased.
If the applicant is the surviving de facto partner, the applicant must prove that the restrictions on succession imposed by sec- tion 77B of the Administration Act 1969 do not apply.

(6) Nothing in this rule limits the power of the court to require (5) 10 (7) evidence of other facts necessary to enable the court to decide 15 whether to make a grant to the applicant.
In particular, evidence may be required when it appears that the Crown is or may be entitled to a grant under the law relating to bona vacantia.
Compare: 1908 No 89 Schedule 2 r 666 27.36 (as substituted by 2008 No 90 s 8) 20 Subpart 9—Commission 27.37 Form of application for commission (1) This rule applies to an application to the court under section 72 of the Trustee Act 1956 for the allowance to any person who is or has been a trustee of the property subject to any trust, or 25 to that person’s personal representative, of a commission or percentage out of that property.
(2) An application under this rule must be made by statement of claim in accordance with Part 5.
(3) Despite subclause (2), the application must be made by inter- 30 locutory application in the proceeding for probate or letters of administration, or in the earlier proceeding for commission, if either— 827 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 9—continued (a) (b) the trust was created by will or arises upon an intestacy; or there has been a previous application for commission (whether or not by the same applicant).
Compare: 1908 No 89 Schedule 2 r 667 27.37 (as substituted by 2008 No 90 s 8) 5 27.38 Affidavit in support (b) (c) An application under rule 27.37 must be supported by an affi- davit or affidavits showing— (a) how and when the trust was constituted, the names of all present and previous trustees of it, and the period during 10 which each held registry: the information that is necessary in accordance with rule 18.7 to enable an order giving directions as to service to be made: particulars of any commission or percentage out of the 15 trust property previously allowed by the court to, or taken in accordance with the instrument (if any) creat- ing the trust or with the consent of the beneficiaries or otherwise by, each person who is or has been a trustee or the personal representative of a trustee: 20 (e) (f) (d) whether any profit, benefit, or advantage has been de- rived directly or indirectly by any trustee of the trust property or by any partner, relative, servant, or personal representative of any trustee, from or in connection with the administration of it: particulars of every such profit, benefit, and advantage: the amount of the allowance sought by each applicant, and the basis or principle by which the same is arrived at: if an order is sought under section 72(3) of the Trustee 30 Act 1956 apportioning the total amount allowed, the basis of the proposed apportionment: if the trustees who, or whose personal representatives, are making the application have not been the only (h) (g) 25 828 Judicature
 Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 9—continued trustees since the inception of the trust, information as to the extent to which, up to the date to which a com- mission or percentage is applied for,— (i) the trust property has been realised and income got in: the administration of the trust has been carried on and its responsibilities discharged by each person who is or has been a trustee: (ii) 5 if the application is not made at or about the time of the final distribution of the trust property, sufficient infor- 10 mation to enable the court to determine what commis- sion or percentage (if any) should be ordered, having regard to— (i) the extent to which the duties of the trusteeship have already been discharged: the period likely to elapse before that final distri- bution: the changes in trusteeship that may occur during that period: other relevant facts.
15 20 (ii) (iii) (iv) (i) Compare: 1908 No 89 Schedule 2 r 668 27.38 (as substituted by 2008 No 90 s 8) 27.39 Documents to be filed and verified (1) (2) This rule is subject to rules 27.40 and 27.45.
The following documents, verified by an affidavit or affidavits of a solicitor or chartered accountant, must be filed in respect 25 of an application under rule 27.37: (a) a copy of the will or other instrument (if any) creating the trust: capital and income accounts of the trust or summarised statements of those accounts showing— (i) the trust property and liabilities at the inception of the trust and at the date to which a commission or percentage is sought: 30 (b) 829 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 9—continued (ii) (iii) (iv) the gross capital realisations and other capital re- ceipts, and the capital liabilities discharged and investments of capital made, and distributions of capital to beneficiaries and other capital pay- ments made, during the period from the incep- 5 tion of the trust to the date to which a commission or percentage is sought, distinguishing those re- ceived and made by the trustees who, or whose personal representatives, are making the appli- cation from those received and made by other 10 trustees (if any): the gross income received and liabilities and out- goings discharged from income, and the distri- butions of income to beneficiaries, and other dis- bursements from income, during the last-men- 15 tioned period, distinguishing those received and made by the trustees who, or whose personal representatives, are making the application from those received and made by other trustees (if any): the sums retained by or paid to solicitors, ac- countants, auctioneers, real estate agents, com- mission agents, brokers, and other agents during that period in respect of capital and income re- spectively.
20 25 Compare: 1908 No 89 Schedule 2 r 669 27.39 (as substituted by 2008 No 90 s 8) 27.40 Power to adopt previous accounts (1) Unless the court otherwise orders, the accounts of the trustees or summarised statements previously kept or made for the pur- poses of the trust may, subject to subclause (2), be adopted for 30 the purposes of the application.
(2) Any information required by rules 27.38 and 27.39 and not contained in the accounts or summarised statements previ- ously kept or made (including any information required in re- 830 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 27—continued Subpart 9—continued (3) spect of administration by other trustees) must be supplied by supplementary accounts or summarised statements verified in each case by an affidavit of a chartered accountant or solicitor.
If any information and accounts or summarised statements re- quired in support of the application have been supplied in sup- 5 port of any previous application to the court for a commission or percentage, rules 27.38 and 27.39 are to be treated to that extent as having been complied with.
Compare: 1908 No 89 Schedule 2 r 670 27.40 (as substituted by 2008 No 90 s 8) 27.41 Power to refer matter to Registrar for inquiry 10 The court may at any time refer the application or anything that is part of it or connected with it to the Registrar for inquiry and report.
Compare: 1908 No 89 Schedule 2 r 671 27.41 (as substituted by 2008 No 90 s 8) 27.42 Notice of inquiry by Registrar (1) Unless the court otherwise orders, reasonable notice to the satisfaction of the Registrar of any appointment made by the Registrar to proceed with the Registrar’s inquiry must be given to every person who was entitled to be served with the appli- cation.
Subclause (1) does not apply if the person has given notice in writing to the Registrar that the person does not intend to appear or be represented at the inquiry.

Compare: 1908 No 89 Schedule 2 r 672 27.42 (as substituted by 2008 No 90 s 8) (2) 27.43 Evidence before Registrar The evidence of every witness called on the inquiry before the Registrar must be taken down in writing and signed by the witness, and accompany the Registrar’s report to the court.
Compare: 1908 No 89 Schedule 2 r 673 27.43 (as substituted by 2008 No 90 s 8) 15 20 25 831 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 27—continued Subpart 9—continued 27.44 Costs (1) The court may, in its discretion, award costs to any applicant or other person affected by the application, whether any com- mission or percentage is allowed or not.

The court may direct that any costs be paid out of the trust 5 property or any part of it.
Compare: 1908 No 89 Schedule 2 r 674 27.44 (as substituted by 2008 No 90 s 8) (2) 27.45 Power to dispense with rules (1) On an interlocutory application made before or after the filing of an application for a commission or percentage, and upon 10 sufficient grounds, the court may dispense with the observance of all or any of the rules in this subpart.
(2) An application under subclause (1) may be made without no- tice, but the court may require notice of it to be given to any other person or persons and prescribe the method.
Compare: 1908 No 89 Schedule 2 r 675 27.45 (as substituted by 2008 No 90 s 8) Part 28 Trans-Tasman competition proceedings 28.1 Interpretation In this Part, unless the context otherwise requires— Australian proceeding means a proceeding in which a matter for determination arises under— (a) any of sections 46A, 155A, or 155B of the Trade Prac- tices Act 1974 of the Parliament of the Commonwealth of Australia; or a provision of Part 6 or 12 of the Trade Practices Act 1974 of the Parliament of the Commonwealth of Aus- tralia in so far as it relates to any of sections 46A, 155A, or 155B of that Act,— (b) 15 20 25 and includes an interlocutory application related to such a pro- 30 ceeding and an application for the issue of execution or en- 832 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 28—continued forcement of a judgment, order, or injunction given, made, or granted in a proceeding Federal Court means the Federal Court of Australia New Zealand proceeding means a proceeding in which a mat- ter for determination arises under— (a) any of sections 36A, 98H, or 99A of the Commerce Act 1986; or a provision of Part 6 or 7 of the Commerce Act 1986 in so far as it relates to any of sections 36A, 98H, or 99A of that Act,— (b) and includes a related interlocutory proceeding and an appli- cation for the issue of execution or enforcement of a judgment, order, or injunction given, made, or granted in a proceeding.
Compare: 1908 No 89 Schedule 2 r 446R 28.1 (as substituted by 2008 No 90 s 8) 5 10 15 28.2 Commencement of New Zealand proceedings (1) A New Zealand proceeding must be commenced by filing a statement of claim in the registry of the court at Auckland, Wellington, or Christchurch in accordance with rule 28.3.
(2) Despite subclause (1), the statement of claim may be filed in 20 any of those registries of the court if the parties agree, by en- dorsement on the statement of claim, to the filing of the state- ment of claim in that registry.
Compare: 1908 No 89 Schedule 2 r 446S 28.2 (as substituted by 2008 No 90 s 8) 28.3 Registry of court in which proceedings to be commenced (1) Despite rule 5.1, the registry of the court for the purposes of 25 rule 28.2 is determined as follows: (a) if any defendant is resident or the defendant’s princi- pal place of business is in New Zealand, that registry is whichever of the registries of the court at Auckland, 30 Wellington, or Christchurch is nearest to the residence or principal place of business of the defendant and if there are 2 or more defendants, that registry is deter- mined by reference to the first named defendant who is 833 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 28—continued (b) (c) resident or whose principal place of business is in New Zealand: if no defendant is resident or no defendant’s principal place of business is in New Zealand, that registry is whichever of those registries the plaintiff selects: despite paragraphs (a) and (b), if the Crown is a defen- dant, that registry is whichever of those registries the plaintiff selects.
5 Subclause (1) is subject to subclauses (3) and (4).
If it appears to the court on application made to it that the state- 10 ment of claim has been filed in the wrong registry of the court, or that any other registry of the court in which the statement of claim may be filed would be more convenient to the parties, it may direct that the statement of claim be filed in that other registry, or that all documents filed in the proceeding be trans- 15 ferred to the proper registry or to that other registry which is then treated as the proper registry.
If an order is made under subclause (3), each party must change the party’s address for service accordingly.
Compare: 1908 No 89 Schedule 2 r 446T 28.3 (as substituted by 2008 No 90 s 8) 20 (2) (3) (4) 28.4 Issue of subpoenas for service in Australia (1) Despite rule 9.52, an order of subpoena in a New Zealand pro- ceeding for service in Australia must not be issued without the leave of a Judge, and must,— (a) in the case of an order of subpoena that requires a person 25 to testify, whether or not it also requires a person to produce documents, be in form G 20: in the case of an order that requires a person to produce documents, but does not require a person to testify, be in form G 21.
30 (b) (2) An application for the issue of an order of subpoena under sub- clause (1) must be made without notice by originating applica- tion and the provisions of Part 19 (other than rule 19.11) apply, subject to all necessary modifications, to the application.
834 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 28—continued (3) An application must be accompanied by an affidavit contain- ing the following matters: (a) (b) (c) (d) (e) (f) (g) the name, designation, occupation, and address of the witness: the nature of the evidence required from the witness and 5 the relevance of that evidence: the date on which it is intended to serve the order of subpoena: the availability of suitable means of transport to enable the witness to comply with the order of subpoena: the amounts proposed to be paid or tendered to the wit- ness in respect of expenses in complying with the order of subpoena: in any case where the subpoena requires the witness to testify, an estimate of the date on which and the length 15 of time that person will be required to attend at the court: if the applicant is aware of any fact or circumstance that may constitute a ground for setting the subpoena aside under section 84 of the Trans-Tasman Proceedings Act 2010, the fact or circumstance.
20 10 (4) In determining whether to grant leave the Judge must, in add- ition to any other matter that the Judge considers to be rele- vant, have regard to— (a) the adequacy of the amount proposed to be paid or ten- dered to the witness in respect of expenses; and (b) whether the time between the date of service and the date on which the witness is required to comply with the order of subpoena is reasonable in the circumstances.
25 (5) Leave may be granted under subclause (1) subject to such con- ditions as the Judge thinks just.
30 (6) Without limiting subclause (5), leave may be granted under subclause (1) subject to conditions relating to— (a) the amount to be paid or tendered to the witness in re- spect of expenses: the date or dates on which the witness is required to 35 comply with the order of subpoena: (b) 835 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 28—continued (c) the documents or class or classes of documents to be produced.
(7) A Judge may direct that service on a body corporate will be effected by serving the order of subpoena on a member, officer, or servant of the body corporate in such manner as the Judge 5 directs.

The file relating to every such application must be kept separ- ate from the file relating to the New Zealand proceeding.

(9) As provided in rule 3.11, no document relating to an appli- (8) cation under this rule may be searched, inspected, or copied 10 without the leave of a Judge.
Compare: 1908 No 89 Schedule 2 r 446U 28.4 (as substituted by 2008 No 90 s 8) 28.5 Service of subpoena (1) An order of subpoena issued in a New Zealand proceeding 15 with the leave of a Judge may be served on a person in Aus- tralia personally by leaving with that person a sealed copy of the order together with a statement in form G 22 setting out the person’s rights and obligations.
Service of the order of subpoena on a corporation must be in 20 accordance with any directions given by the Judge under rule 28.4(7).
(2) (3) A person who has been served with an order of subpoena under subclause (1) is not compellable to comply with the order un- less, at the time of service or at some other reasonable time be- 25 fore the date on which the person is required to comply with the order, allowances and travelling expenses or vouchers suf- ficient to meet the person’s reasonable expenses of complying with the order are tendered or paid to that person.
Compare: 1908 No 89 Schedule 2 r 446V 28.5 (as substituted by 2008 No 90 30 s 8) 28.6 Subpoenas for production (1) An order of subpoena issued in a New Zealand proceeding that requires a person in Australia to produce documents or things, 836 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 28—continued but does not require the person to testify, must permit the per- son to comply with the order by producing the documents or things at a specified registry of the Federal Court.
(2) Unless the court otherwise orders, the registry of the Federal Court specified under subclause (1) is the registry nearest to 5 the place where the order of subpoena is served.
(b) (3) A person served with an order of subpoena of the kind de- scribed in subclause (1) may comply with the subpoena by— producing the subpoena and the required documents or (a) things to the specified registry of the Federal Court not 10 later than 10 working days before the date specified in the order as the date on which the documents or things are required for production in the High Court; and obtaining a receipt from a Registrar, Deputy Registrar, District Registrar, or Deputy District Registrar of the 15 Federal Court for the documents or things produced and sending, as soon as practicable, a copy of the receipt with a copy of the subpoena by fax to the registry of the High Court where the order was made; and providing an officer of the Federal Court with a sum suf- 20 ficient to send the documents or things to New Zealand.
The receipt is sufficient evidence of compliance with the order of subpoena.

Compare: 1908 No 89 Schedule 2 r 446W 28.6 (as substituted by 2008 No 90 s 8) (4) (c) 25 28.7 Setting aside subpoena issued in New Zealand proceeding (1) An application to set aside an order of subpoena issued in a New Zealand proceeding and served on a person in Australia under section 84 of the Trans-Tasman Proceedings Act 2010 may be filed by fax.
The Registrar must send to the applicant by fax an acknow- ledgment of an application that has been filed by fax.

The court must give such directions for the conduct of the hear- ing of the application as it thinks just.
(3) (2) 30 837 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 28—continued (4) Without limiting subclause (3), the court may give directions requiring— (a) (b) the applicant to give evidence or make submissions by video link or telephone conference; or further evidence by the applicant to be taken in Aus- 5 tralia; or the application to be heard in Australia.
(c) Compare: 1908 No 89 Schedule 2 r 446X 28.7 (as substituted by 2008 No 90 s 8) 28.8 Failure to comply with subpoena in New Zealand 10 proceeding The court may, on the application of a party to a New Zealand proceeding or on its own initiative, issue a certificate in form G 23 stating that a person in Australia who has been served with an order of subpoena in a New Zealand proceeding has 15 failed to comply with the order and may direct the Registrar of the court to transmit the certificate to the Federal Court.
Compare: 1908 No 89 Schedule 2 r 446Y 28.8 (as substituted by 2008 No 90 s 8) 28.9 Payment of additional amounts to persons complying 20 with subpoena in New Zealand proceeding The court may, on the application of a person resident in Aus- tralia who has complied with an order of subpoena in a New Zealand proceeding or on its own initiative, order the person on whose application the order was obtained to pay to that per- 25 son— (a) an amount for expenses reasonably incurred by that person in complying with the order in addition to any expenses tendered or paid to that person under rule 28.5(3); or an amount for any loss of income occasioned by that person in complying with the order— 30 (b) 838 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 28—continued and may direct that the amount or amounts be fixed by the Registrar.
Compare: 1908 No 89 Schedule 2 r 446Z 28.9 (as substituted by 2008 No 90 s 8) 28.10 Transmission of documents to Federal Court The Registrar at the registry at which a document or thing is 5 produced in compliance with a subpoena for production issued by the Federal Court for service in New Zealand in an Aus- tralian proceeding must— (a) issue a receipt for the document or thing produced; and (b) mark the document or thing so as to indicate the date 10 (c) (d) and time of its production; and advise by fax the officer of the Federal Court who issued the subpoena; and send the document or thing to the Federal Court with a copy of the subpoena so as to ensure that it will be 15 received by the Federal Court before the date on which it is required to be produced to that court.
Compare: 1908 No 89 Schedule 2 r 446ZA 28.10 (as substituted by 2008 No 90 s 8) 28.11 Certification of judgments, orders, and injunctions in 20 (1) New Zealand proceedings The court may, on the application of a party to a New Zealand proceeding, issue to that party a copy of a judgment, order, or injunction given, made, or issued in that proceeding.

(2) An application under this rule may be made without notice.
(3) A copy of the judgment, order, or injunction must be— sealed with the seal of the court; and certified to be a true copy of a judgment, order, or in- junction given, made, or issued in a New Zealand pro- ceeding within the meaning of section 81 of the Trans- 30 Tasman Proceedings Act 2010 or an NZ market pro- (a) (b) 25 839 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 28—continued ceeding within the meaning of section 4 of the Trans- Tasman Proceedings Act 2010 (Aust).
Compare: 1908 No 89 Schedule 2 r 446ZB 28.11 (as substituted by 2008 No 90 s 8) 28.12 Evidence and submissions by video link and telephone 5 conference (1) On an application by a party to a New Zealand proceeding a Judge may, if satisfied that the necessary equipment and fa- cilities are available, direct that a witness may give evidence from Australia or a person appearing as a barrister or solicitor, 10 or both, may make submissions from Australia by video link or telephone conference.
(2) An application under subclause (1) may be made without no- tice and must be accompanied by an affidavit stating— (a) (b) (c) (d) the reasons for the proposed course of action: the nature of the evidence: the witnesses to be examined: in a case where evidence is proposed to be given, an estimate of the time the examination of the witnesses will take: whether issues of character or credibility are likely to be raised: in a case where submissions are proposed to be made, an estimate of the time that will be required to make the submissions.
(e) (f) 15 20 25 (3) In giving a direction under subclause (1), the Judge must in- struct the Registrar to make appropriate arrangements in New Zealand and Australia in accordance with any particular direc- tions the Judge makes.
(4) Without limiting subclause (3), the Judge may direct that— 30 (a) the evidence be given or the submissions be made at the Federal Court or at a place approved by the Federal Court: 840 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 28—continued (b) an officer of the Federal Court or other person approved by the Judge be present to assist in the transmission of the evidence or submissions and, in particular, to— (i) introduce witnesses giving evidence or a barrister or solicitor, or both, making submissions: assist with the administration of oaths: assist with the implementation of any directions or requests given or made by the Judge hearing the evidence or submissions: (ii) (iii) 5 (c) the evidence or the submissions be heard at a location 10 other than the precincts of the High Court.
(5) Unless the court otherwise orders, the costs incurred in giv- ing the evidence or making the submissions by video link or telephone conference and transmitting the evidence or submis- sions in accordance with a direction given under this rule must 15 be paid by the applicant.
Compare: 1908 No 89 Schedule 2 r 446ZC 28.12 (as substituted by 2008 No 90 s 8) Part 29 Deleted Part 30 Judicial review 20 30.1 Crown Proceedings Act 1950 not affected This Part does not limit or affect the Crown Proceedings Act 1950.
Compare: 1908 No 89 Schedule 2 r 622 30.1 (as substituted by 2008 No 90 s 8) 25 30.2 Interpretation In this Part, extraordinary remedy means— (a) (b) an order of mandamus, prohibition, or certiorari: a declaration or injunction in relation to the breach, 30 threatened breach, continuation of a breach, or further 841 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 30—continued breach of a duty of a court, tribunal, or person exercis- ing public functions; or an order removing a person from public office or a dec- laration as to the right of a person to hold a public office.
(c) Compare: 1908 No 89 Schedule 2 r r 623–627A 30.2 (as substituted by 2008 5 No 90 s 8) 30.3 Procedure (1) An application for judicial review under Part 3 of the Ju- dicature Modernisation Act 2013 and an application for an extraordinary remedy must be commenced by statement of 10 claim and notice of proceeding in accordance with Part 5 of the rules.

The heading of an application for review under Part 3 of the Judicature Modernisation Act 2013 must state that it is an application for review.
(2) 15 (3) A statement of claim seeking an extraordinary remedy may claim more than 1 of those remedies and may claim any other relief (including damages) to which the plaintiff may be en- titled.

Compare: 1908 No 89 Schedule 2 r 628 30.3 (as substituted by 2008 No 90 s 8) 20 30.4 Interim orders (1) When an application is made for an extraordinary remedy under this Part, the court may make an interim order on what- ever terms and conditions the court thinks just.
(2) An applicant who applies for an interim order must, if ordered 25 by the court, file a signed undertaking to the effect that the applicant will abide by any order that the court may make in respect of damages— (a) that are sustained by any other party through the making of the interim order; and (b) that the court decides the applicant ought to pay.

The undertaking must be referred to in the order and is part of it.
Compare: 1908 No 89 Schedule 2 r 627B 30.4 (as substituted by 2008 No 90 s 8) 30 35 (3) 842 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 31 Companies: liquidation 31.1 Application (1) (2) (3) This rule applies to an application to the High Court to put a company into liquidation.

Rules 31.37 and 31.38 apply in respect of a notice under sec- tion 294(1) of the Companies Act 1993.
These rules and the general practice of the High Court apply to applications to which subclause (1) applies and notices to which subclause (2) applies unless they are modified by or 10 inconsistent with this Part or the Companies Act 1993.

Compare: 1908 No 89 Schedule 2 r 700A 31.1 (as substituted by 2008 No 90 s 8) 5 31.2 Hearing of applications Unless the court otherwise directs, every application to which 15 this Part applies must be heard in open court.
Compare: 1908 No 89 Schedule 2 r 700B 31.2 (as substituted by 2008 No 90 s 8) 31.3 Applications to be made by statement of claim An application to the High Court to put a company into liquid- 20 ation under section 241(2)(c) of the Companies Act 1993 must be made by statement of claim in form C 1.
Compare: 1908 No 89 Schedule 2 r 700C 31.3 (as substituted by 2008 No 90 s 8) 31.4 Proper registry of court (1) Despite rules 5.1(1) to (3) and 5.25, the proper registry of the court for the purposes of the filing of a statement of claim under rule 31.3 is— (a) 25 the registry of the court in the town where, or the regis- try of the court in the town nearest to which, the defen- 30 dant company’s registered office is situated; or if the defendant company does not have a registered office, the registry of the court in the town where, or the registry of the court in the town nearest to which, (b) 843 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 31—continued (2) the defendant company’s principal or last known place of business is or was situated.
This rule does not limit rule 5.1(4) and (5).

Compare: 1908 No 89 Schedule 2 r 700D 31.4 (as substituted by 2008 No 90 s 8) 5 31.5 Notice of proceeding and verifying affidavit (1) Rules 5.22 and 5.23 do not apply to a proceeding commenced by the filing of a statement of claim under rule 31.3.

(2) A notice of proceeding in form C 3 and an affidavit in form C 4 or C 5 verifying the allegations in the statement of claim 10 must be filed and served with a statement of claim filed under rule 31.3.
Subclause (2) is subject to rule 5.24.

The affidavit must be made by the plaintiff, or by one of the plaintiffs if more than 1, or, if the proceeding is brought by a 15 corporation, by a person who meets the requirements of rule 9.82.

The affidavit is sufficient prima facie evidence of the state- ments in the statement of claim.
Compare: 1908 No 89 Schedule 2 r 700E 31.5 (as substituted by 2008 No 90 s 8) 20 (3) (4) (5) 31.6 Date of hearing (1) On the filing of a statement of claim under rule 31.3, the Regis- trar must as soon as practicable appoint the time and place of the hearing.
(2) Unless the court otherwise orders, the place for the hearing of 25 the proceeding is— (a) the High Court in the town in which the statement of claim is filed; or if no Judge will be available in that town at the ap- pointed time, the High Court in another town; or if the statement of claim is filed in Masterton, the High Court at Wellington.

30 (b) (c) (3) Notice of the time and place of the hearing must be included in the notice of proceeding in form C 3.
844 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 31—continued (4) The Registrar may change the time before the proceeding has been advertised.
Compare: 1908 No 89 Schedule 2 r 700F 31.6 (as substituted by 2008 No 90 s 8) 31.7 Exclusion of rules relating to setting down [revoked] 31.8 Directions [revoked] 5 31.9 Advertisement of application (1) A proceeding commenced by a statement of claim under rule (2) (3) (4) 31.3 must be advertised at least 5 working days before the 10 hearing.
In this Part, working day means any day of the week other than— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Wai- 15 tangi Day; and a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

(b) This rule is subject to rule 31.10 and to any order made on an 20 application under rule 31.11.
If the registered office of the defendant company, or, if there is no such office, the principal or last known principal place of business of that company, is or was situated within a town in which there is a registry of the court, the advertisement must 25 be published— (a) (b) in a daily newspaper published in that town; or in another newspaper as the Registrar directs.
30 once in the Gazette; and at least once— (i) (ii) (5) In the case of a defendant company to which subclause (4) does not apply, the advertisement must be published— (a) once in the Gazette; and 845 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 31—continued (b) at least once— (i) in a local newspaper circulating in the locality where the registered office, or principal or last known principal place of business, as the case may be, of the defendant company is or was situ- 5 ated; or in another newspaper as the Registrar directs.
(ii) (6) (7) 10 (b) (c) (d) The advertisement, which must be in form C 6, must state— the day on which the application to put the defendant (a) company into liquidation was filed; and the name and address of the plaintiff and of the plain- tiff’s solicitor (if any); and the plaintiff’s address for service; and the place, date, and time of the hearing of the applica- tion; and that the statement of claim and the verifying affidavit may be inspected at the registry of the court or at the plaintiff’s address for service; and that any person, other than the defendant company, who wishes to appear on the hearing of the application must 20 file an appearance not later than 2 working days before the day appointed for the hearing of the application.
(e) 15 (f) If the plaintiff or the plaintiff’s solicitor does not within the prescribed time, or within any extended time allowed by the Registrar, duly advertise the proceeding in the manner pre- 25 scribed by this rule, the appointment of the time and place of hearing must be cancelled by the Registrar, and the proceed- ing must then be removed from the list, unless the defendant company has been served or the court otherwise directs.
Compare: 1908 No 89 Schedule 2 r 700I 31.9 (as substituted by 2008 No 90 s 8) 30 31.10 Restriction on advertising of proceeding (1) No person may, unless the court otherwise directs, publish any advertisement required by rule 31.9 or any other information relating to the statement of claim until at least 5 working days 846 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 31—continued (2) after the date on which the statement of claim is served on the defendant company.
Subclause (1) does not apply when a statement of claim has been filed by the defendant company.
Compare: 1908 No 89 Schedule 2 r 700J 31.10 (as substituted by 2008 No 90 5 s 8) 31.11 Power to stay liquidation proceedings (1) If an application for putting a company into liquidation is made under rule 31.3, the defendant company, or, with the leave of the court, any creditor or shareholder of that company or the 10 Registrar of Companies, may, within 5 working days after the date of the service of the statement of claim on the defendant company, apply to the court— (a) for an order restraining publication of an advertisement required by rule 31.9 or any other information relating 15 to that statement of claim; and for an order staying any further proceedings in relation to the liquidation.
(b) (2) (3) The court must treat an application under subclause (1) as if it were an application for an interim injunction and, if it makes 20 the order sought, it may do so on whatever terms the court thinks just.

The inherent jurisdiction of the court is not limited by this rule.
Compare: 1908 No 89 Schedule 2 r 700K 31.11 (as substituted by 2008 No 90 s 8) 25 31.12 Service of proceeding (1) Every statement of claim filed under rule 31.3 must, unless the defendant company has brought the proceeding, be served, together with the verifying affidavit and notice of proceeding, upon the defendant company.
30 847 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 31—continued (2) Service under this rule must be effected not less than 15 work- ing days before the date of hearing appointed or fixed under rule 31.6.
Compare: 1908 No 89 Schedule 2 r 700L 31.12 (as substituted by 2008 No 90 s 8) 31.13 Affidavit of service (1) (2) The plaintiff must, before the hearing, file an affidavit of ser- vice in form C 8 proving the service of the statement of claim, verifying affidavit, and notice of proceeding on the defendant company.

Subclause (1) does not apply— (a) if the defendant company has brought the proceeding; or in relation to service on a person who, before the hear- ing, files a statement of defence.
(b) Compare: 1908 No 89 Schedule 2 r 700M 31.13 (as substituted by 2008 No 90 s 8) 31.14 Evidence of advertising The plaintiff must, before the hearing, file in the registry of the court— (a) copies of the advertisements published in accordance with rule 31.9; and a statement of the newspapers in which, and the dates on which, the advertisements appeared.
(b) Compare: 1908 No 89 Schedule 2 r 700N 31.14 (as substituted by 2008 No 90 25 s 8) 31.15 Entitlement to copy of statement of claim, etc (1) Shareholders and creditors of the defendant company, and the Registrar of Companies, are entitled to be supplied by the plaintiff’s solicitor with a copy of the statement of claim, veri- 30 fying affidavit, and notice of proceeding, within 24 hours after requiring it.
848 5 10 15 20 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 31—continued (2) The price must not be more than 50 cents per page (inclusive of goods and services tax).

Compare: 1908 No 89 Schedule 2 r 700O 31.15 (as substituted by 2008 No 90 s 8) 31.16 Statement of defence (1) Rule 5.47 does not apply to a proceeding commenced by the filing of a statement of claim under rule 31.3.
5 (2) A person, being the defendant company or a creditor or share- holder of that company, who intends to defend a proceeding commenced by a statement of claim under rule 31.3 must file 10 a statement of defence in the registry of the court named in the notice of proceeding.
(3) A person who files a statement of defence must serve a copy (4) 15 of that statement of defence on— (a) (b) the plaintiff; and any other person who, when the statement of defence is filed, has filed a statement of defence in the proceeding.

If the defendant company has filed a statement of defence, a statement of defence filed by a creditor or shareholder of that company must state specifically any grounds of opposition that 20 are additional to those appearing in the company’s statement of defence.
Compare: 1908 No 89 Schedule 2 r 700P 31.16 (as substituted by 2008 No 90 s 8) 31.17 Time for filing statement of defence A statement of defence must be filed within 10 working days after the date on which the statement of claim is served on the person filing the statement of defence.
Compare: 1908 No 89 Schedule 2 r 700Q 31.17 (as substituted by 2008 No 90 s 8) 25 30 849 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 31—continued 31.18 Appearance A person (other than the defendant company) who intends to appear on the hearing of the proceeding may, without filing a statement of defence, file an appearance in form C 9— (a) (b) stating that the person intends to appear; and indicating whether that person supports or opposes the application to put the company into liquidation.
Compare: 1908 No 89 Schedule 2 r 700R 31.18 (as substituted by 2008 No 90 s 8) 31.19 Time for filing appearance An appearance must be filed not later than 2 working days before the date of hearing.
Compare: 1908 No 89 Schedule 2 r 700S 31.19 (as substituted by 2008 No 90 s 8) 5 10 31.20 Effect of failure to file statement of defence or appearance 15 If a person who is entitled to file a statement of defence or an appearance in a proceeding commenced by the filing of a statement of claim under rule 31.3 fails to file a statement of defence or an appearance within the time prescribed, that person must not, without an order for extension of time granted 20 on application made under rule 31.22 or the special leave of the court, be allowed to appear at the hearing of the proceeding.
Compare: 1908 No 89 Schedule 2 r 700T 31.20 (as substituted by 2008 No 90 s 8) 31.21 Evidence as to unpaid debts (1) A certificate by the solicitor for the plaintiff that, after having made due inquiries, the solicitor is satisfied that a debt remains unpaid may be accepted by the court as sufficient prima facie evidence that that debt remains unpaid.
Subject to any direction of the court, evidence that a debt re- 30 mains unpaid may be given by an affidavit sworn by or on be- (2) 25 850 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 31—continued half of the plaintiff not earlier than 2 working days before the date of hearing.
Compare: 1908 No 89 Schedule 2 r 700U 31.21 (as substituted by 2008 No 90 s 8) 31.22 Interlocutory applications (1) When a proceeding is commenced under rule 31.3, an inter- locutory application (unless made with the leave of the court) may not be made to the court before the date of hearing speci- fied in the notice of proceeding served with that statement of claim unless it is— (a) 5 10 an application for an extension or abridgement of time; or an application under rule 1.9, or rule 31.6(2), or 31.11; or an application for the appointment of an interim liquid- 15 ator; or an application for directions; or an application to excuse non-compliance with any rule in this Part.
(b) (c) (d) (e) (2) When a statement of defence is filed in a proceeding com- 20 menced under rule 31.3 and the hearing of that proceeding is adjourned for the allocation of a hearing date on a defended basis, these rules apply as if the proceeding had been com- menced by a statement of claim filed under Part 5 and not under rule 31.3.

The inherent jurisdiction of the court is not limited by this rule.
Compare: 1908 No 89 Schedule 2 r 700V 31.22 (as substituted by 2008 No 90 s 8) (3) 25 31.23 Power to appoint interim liquidator (1) When a proceeding for putting a company into liquidation has 30 been commenced under rule 31.3, the plaintiff and any person entitled to apply to the court for the appointment of a liquidator under section 241(2)(c) of the Companies Act 1993 may apply to the court for the appointment of an interim liquidator.
851 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 31—continued (2) If the court is satisfied, upon proof by affidavit, that there is sufficient ground for the appointment of an interim liquidator, it may make the appointment, and may limit the rights and powers of the interim liquidator in any manner it thinks just.
Compare: 1908 No 89 Schedule 2 r 700W 31.23 (as substituted by 2008 No 90 5 s 8) 31.24 Additional and substituted plaintiffs in liquidation a statement of claim in form C 1; and a notice of proceeding in form C 3; and an affidavit in form C 4. proceeding This rule applies to any person who is entitled to make an application to the court for putting a company into liquidation 10 under section 241(2)(c) of the Companies Act 1993.
The person may become a plaintiff in that proceeding by filing in the registry of the court and serving on all the parties to the proceeding— (a) (b) (c) Those documents must be filed and served not later than 2 working days before the date of hearing of the proceeding.
If a person has filed an appearance under rule 31.18 in a pro- 20 ceeding to put a company into liquidation and, on the day ap- pointed for the hearing, or on any day to which the hearing has been adjourned, no plaintiff wishes then to proceed with the hearing of the application to put the company into liquid- ation, the court may, on the oral application of that person,— 25 (a) (b) add that person as a plaintiff in the proceeding; or substitute that person for the plaintiff or plaintiffs or any of the plaintiffs in the proceeding.
15 The addition or substitution of a person as a plaintiff under subclause (4) must be subject to the condition that that person 30 file in the registry of the court and serve on all the other par- ties to the proceeding, within 5 working days after the day on which the addition or substitution is made,— a statement of claim in form C 1; and (a) a notice of proceeding in form C 3; and (b) 35 (1) (2) (3) (4) (5) 852 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 31—continued (6) an affidavit in form C 4.
(c) If a person to whom rule 31.16(2) applies is a person on whom the statement of claim is served under this rule, that person must file a statement of defence within 10 working days after the date on which the statement of claim is served upon that 5 person.
Compare: 1908 No 89 Schedule 2 r 700X 31.24 (as substituted by 2008 No 90 s 8) 31.25 Consolidation of proceedings (1) If 2 or more proceedings have been commenced in respect of 10 the same company under rule 31.3, the court may order those proceedings to be consolidated on such terms as it thinks just.

(2) Nothing in this rule limits the provisions of rules 10.12 and 10.13.
Compare: 1908 No 89 Schedule 2 r 700Y 31.25 (as substituted by 2008 No 90 15 s 8) 31.26 Discontinuance of proceeding A proceeding commenced under rule 31.3 may be discon- tinued only with the leave of the court.
Compare: 1908 No 89 Schedule 2 r 700YA 31.26 (as substituted by 2008 No 20 90 s 8) 31.27 Requirements in relation to order appointing interim liquidator The order appointing the interim liquidator must— show the number of the proceeding; and (a) state the nature and a short description of the property (b) of which the interim liquidator is ordered to take pos- session; and state the duties to be performed by the interim liquid- ator.
(c) Compare: 1908 No 89 Schedule 2 r 700Z 31.27 (as substituted by 2008 No 90 s 8) 25 30 853 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 31—continued 31.28 Costs, charges, and expenses of interim liquidator and (1) (2) (3) Official Assignee Subject to an order of the court, subclause (2) applies if— (a) no order for putting the defendant company into liquid- ation is made in the proceeding; or an order for putting the defendant company into liquid- ation is rescinded; or all proceedings for putting the defendant company into liquidation are stayed.
(b) (c) 5 The person holding registry as interim liquidator is entitled 10 to be paid, out of the property of the defendant company, all costs, charges, and expenses properly incurred by that person as interim liquidator or, if that person is the Official Assignee, whatever sum the court directs.
If a person other than the Official Assignee has been appointed 15 interim liquidator and the Official Assignee has taken steps for the purpose of obtaining a statement of affairs or has per- formed another duty prescribed by this Part, the interim liquid- ator must pay the Official Assignee whatever sum, if any, the court directs.
Compare: 1908 No 89 Schedule 2 r 700ZA 31.28 (as substituted by 2008 No 90 s 8) 20 Order to put company into liquidation 31.29 Obligation to send notice of order appointing liquidator or interim liquidator of company 25 (1) When the court has made an order appointing a person to be liquidator of a company, or has made an order appointing an interim liquidator before an order putting the company into liquidation is made, the Registrar of the court must, on the same day, send to the liquidator or interim liquidator a notice 30 informing him or her of his or her appointment.
The notice must be in form C 10 or C 11, as the case requires, with any variations the circumstances require.
Compare: 1908 No 89 Schedule 2 r 700ZB 31.29 (as substituted by 2008 No 90 s 8) (2) 35 854 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 31—continued 31.30 Order and copies to be sealed The plaintiff or the plaintiff’s solicitor must, no later than 2 working days after the day on which an order putting a com- pany into liquidation is made, leave the order and 2 copies of it at the registry of the court for sealing.
Compare: 1908 No 89 Schedule 2 r 700ZC 31.30 (as substituted by 2008 No 90 s 8) 31.31 Contents of order putting company into liquidation (1) An order putting a company into liquidation must be in form C 12.

(2) An order for the appointment of an interim liquidator must be in form C 13.
Compare: 1908 No 89 Schedule 2 r 700ZD 31.31 (as substituted by 2008 No 90 s 8) 5 10 31.32 Transmission of order putting company into liquidation 15 When an order that a company be put into liquidation or an order for the appointment of an interim liquidator has been made,— (a) 1 copy of the order sealed with the seal of the court must immediately be sent by post or otherwise by the 20 Registrar to the liquidator or interim liquidator, as the case may be: 1 copy of the order sealed with the seal of the court must be served by the plaintiff on the company in accordance with the Companies Act 1993.
25 (b) Compare: 1908 No 89 Schedule 2 r 700ZE 31.32 (as substituted by 2008 No 90 s 8) 31.33 Service of order made under section 173 of Companies Act 1993 [revoked] 30 855 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 31—continued 31.34 Service of notice to officer executing process that (1) (2) (b) (c) (d) company being put into liquidation This rule applies to a notice given for the purposes of section 252 of the Companies Act 1993, which is a notice— (a) that an application has been made to the court to appoint 5 a liquidator; or that the court has made an order appointing a liquidator; or that the court has appointed an interim liquidator; or of the calling of a meeting at which a special resolution 10 is proposed to appoint a liquidator; or that a special resolution has been passed appointing a liquidator; or of the calling of a meeting of the board at which a reso- lution is proposed to appoint a liquidator; or that a resolution has been passed appointing a liquidator.
(g) The notice must be in writing and addressed to the officer re- quired to act on it, and may be served by being delivered by hand or by registered post at the office of that officer.
Compare: 1908 No 89 Schedule 2 r 700ZG 31.34 (as substituted by 2008 No 20 90 s 8) (e) 15 (f) 31.35 Procedure in respect of miscellaneous applications (1) Subpart 2 of Part 7, relating to interlocutory applications, ap- plies to applications to the court in respect of— (a) a defendant company sought to be put into liquidation 25 under section 241(2)(c) of the Companies Act 1993; or a company in respect of which a liquidator has been ap- pointed under section 241(2)(c) of the Companies Act 1993.
(b) Subclause (1) is subject to subclauses (3) and (4).

(2) (3) An application specified in subclause (1) must have the same heading as the heading on the application for putting the com- pany into liquidation.

Subclause (1) does not apply to— (a) an application under rule 31.36; or (4) 30 35 856 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 31—continued an application to which Part 18 or 19 applies.
(b) Compare: 1908 No 89 Schedule 2 r 700ZH 31.35 (as substituted by 2008 No 90 s 8) 31.36 Applications involving allegations of fraud, negligence, misfeasance, or similar behaviour (1) An application must be made by filing a statement of claim under these rules if it relates to a company described in sub- clause (2) and involves an allegation of fraud, negligence, mis- feasance, or similar behaviour.
The companies are— (a) (2) 5 10 (c) (b) a defendant company in relation to an application made to put that company into liquidation under section 241(2)(c) of the Companies Act 1993; or a company in respect of which a liquidator has been ap- pointed under section 241(2)(c) of the Companies Act 15 1993; or a company in respect of which an application under sec- tion 174 of the Companies Act 1993 is pending.
The applicant must, as soon as practicable after the statement of defence has been filed or the time for filing a statement of 20 defence has expired, file an application for directions as to the conduct of proceedings under rule 7.43A.

The statement of claim must have the same heading as the heading on the application for putting the company into liquid- ation or for the order under section 174 of the Companies Act 25 1993.
Compare: 1908 No 89 Schedule 2 r 700ZI 31.36 (as substituted by 2008 No 90 s 8) (3) (4) 31.37 Liquidator’s notice to set aside voidable transaction or voidable charge A notice under section 294(1) of the Companies Act 1993 must— (a) (b) contain the heading in form C 14; and be in form C 15 or C 16 as appropriate; and 30 857 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 31—continued (c) comply with rules 5.11 and 5.44 (with any necessary modifications).
Compare: 1908 No 89 Schedule 2 r 700ZJ 31.37 (as substituted by 2008 No 90 s 8) 31.38 Proper registry of court (1) A notice under section 294(1) of the Companies Act 1993 5 must,— (a) (b) if the company has been put into liquidation by the court, be filed in the registry of the court in which the order putting the company into liquidation was made 10 under the liquidation file number (even though the head- ing of the notice is different); and in any other case, be filed in the registry of the court in the town where, or the registry of the court in the town nearest to which, the registered office of the company 15 in liquidation was situated at the date of liquidation.
(2) If more than 1 notice under section 294(1) of the Companies Act 1993 relating to the same company in liquidation has been filed under subclause (1)(b), those notices must be filed under the same file number (even though the heading of each notice 20 is different).
Compare: 1908 No 89 Schedule 2 r 700ZK 31.38 (as substituted by 2008 No 90 s 8) 31.39 Transitional provision for companies registered under the Companies Act 1955 Part 9A of the High Court Rules as in force immediately before the coming into force of these rules applies commencement of the Schedule of the Judicature (High Court Rules) Amendment Act 2008 applies, even though it has been repealed, to com- panies remaining registered under the Companies Act 1955.
Compare: 1908 No 89 Schedule 2 r 31.39 (as substituted by 2008 No 90 s 8) 25 30 858 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 32 Freezing orders 32.1 Interpretation In this Part, unless the context otherwise requires,— ancillary order means an order made under rule 32.3 another court means a court outside New Zealand or a court in New Zealand other than the High Court applicant means a person who applies for a freezing order or an ancillary order freezing order means an order made under rule 32.2 judgment includes an order respondent means a person against whom a freezing order or an ancillary order is sought or made.
Compare: 1908 No 89 Schedule 2 r 32.1 (as substituted by 2008 No 90 s 8) 32.2 Freezing order (1) The court may make an order (a freezing order), on or without notice to a respondent in accordance with this Part.

(2) A freezing order may restrain a respondent from removing any assets located in or outside New Zealand or from disposing of, dealing with, or diminishing the value of, those assets.
(3) An applicant for a freezing order without notice to a respond- ent must fully and frankly disclose to the court all material facts, including— (a) (b) any possible defences known to the applicant; and information casting doubt on the applicant’s ability to 25 discharge the obligation created by the undertaking as to damages.

(4) An application for a freezing order must be made by interlocu- tory application under Part 7 or originating application under Part 19, which Parts apply subject to this Part.
30 (5) An applicant for a freezing order must file a signed undertak- ing that the applicant will comply with any order for the pay- 859 5 10 15 20 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 32—continued ment of damages to compensate the respondent for any dam- age sustained in consequence of the freezing order.
Compare: 1908 No 89 Schedule 2 r 32.2 (as substituted by 2008 No 90 s 8) 32.3 Ancillary order (1) The court may make an order (an ancillary order) ancillary 5 to a freezing order or prospective freezing order if the court considers it just.
(2) Without limiting the generality of subclause (1), an ancillary order may be made for any of the following purposes: (a) eliciting information relating to assets relevant to the 10 freezing order or prospective freezing order: determining whether the freezing order should be made: appointing a receiver of the assets that are the subject of the freezing order.
(b) (c) (3) An ancillary order is subject to the court’s jurisdiction to de- 15 cide an objection raised on the ground of the privilege against self-incrimination conferred by section 60 of the Evidence Act 2006.
Compare: 1908 No 89 Schedule 2 r 32.3 (as substituted by 2008 No 90 s 8) 32.4 Respondent need not be party to proceeding The court may make a freezing order or an ancillary order against a respondent even if the respondent is not a party to a proceeding in which substantive relief is sought against the respondent.
Compare: 1908 No 89 Schedule 2 r 32.4 (as substituted by 2008 No 90 s 8) 32.5 Order against judgment debtor or prospective judgment debtor or third party This rule applies if— (a) judgment has been given in favour of an applicant by— (i) (ii) the court; or in the case of a judgment to which subclause (2) applies, another court; or (1) 860 20 25 30 (2) (3) (4) Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 32—continued (b) an applicant has a good arguable case on an accrued or prospective cause of action that is justiciable in— (i) (ii) the court; or in the case of a cause of action to which subclause (3) applies, another court.
5 This subclause applies to a judgment if there is a sufficient prospect that the judgment will be registered in or enforced by the court.
This subclause applies to a cause of action if— (a) there is sufficient prospect that the other court will give 10 judgment in favour of the applicant; and there is a sufficient prospect that the judgment will be registered in or enforced by the court; and there is a real connecting link between the subject mat- ter of the order sought and the territorial jurisdiction of 15 the New Zealand court; and the order sought would not be inconsistent with interim relief granted by the other court.
(b) (c) (d) The court may make a freezing order or an ancillary order or both against a judgment debtor or prospective judgment debtor 20 if the court is satisfied, having regard to all the circumstances, that there is a danger that a judgment or prospective judgment will be wholly or partly unsatisfied because— (a) the judgment debtor, prospective judgment debtor, or another person might abscond; or the assets of the judgment debtor, prospective judgment debtor, or another person might be— (i) (b) 25 removed from New Zealand or from a place in- side or outside New Zealand; or disposed of, dealt with, or diminished in value 30 (whether Zealand).
the assets are in or outside New (ii) (5) The court may make a freezing order or an ancillary order or both against a person other than a judgment debtor or prospect- ive judgment debtor (a third party) if the court is satisfied, 35 having regard to all the circumstances, that— 861 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 32—continued (a) (b) (ii) there is a danger that a judgment or prospective judg- ment will be wholly or partly unsatisfied because— (i) the third party holds or is using, or has exercised or is exercising, a power of disposition over as- sets (including claims and expectancies) of the 5 judgment debtor or prospective judgment debtor; or the third party is in possession of, or in a pos- ition of control or influence concerning, assets (including claims and expectancies) of the judg- 10 ment debtor or prospective judgment debtor; or a process in the court is or may ultimately be available to the applicant, as a result of a judgment or prospective judgment, under which the third party may be obliged to disgorge assets or contribute toward satisfying the 15 judgment or prospective judgment.
Compare: 1908 No 89 Schedule 2 r 32.5 (as substituted by 2008 No 90 s 8) 32.6 Form and further terms of freezing order (1) A freezing order must be issued in form G 38.

(2) If the likely maximum amount of the applicant’s claim is 20 known, the value of the assets covered by the freezing order must not exceed that amount together with interest on that amount and costs.
The freezing order must not prohibit the respondent from deal- ing with the assets covered by the order for the purpose of— 25 (a) (b) (c) paying ordinary living expenses; or paying legal expenses related to the freezing order; or disposing of assets, or making payments, in the ordinary course of the respondent’s business, including business expenses incurred in good faith.
30 (3) (4) Unless there are special circumstances, the court must require the applicant for a freezing order to give appropriate undertak- ings, including an undertaking as to damages.
If the applicant has, or may later have, insufficient assets within New Zealand to discharge the obligation created by 35 (5) 862 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 32—continued an undertaking as to damages, the court may require the ap- plicant to provide security for that obligation in a form and in an amount fixed by a Judge or, if the Judge so directs, the Registrar.
Compare: 1908 No 89 Schedule 2 r 32.6 (as substituted by 2008 No 90 s 8) 5 (2) 32.7 Duration of freezing order (1) A freezing order made without notice to the respondent must state that it is limited to a particular date, which should be as early as practicable after the freezing order is made.

The respondent must be informed that on that date the respond- 10 ent will have an opportunity to be heard by the court.
(3) On the date referred to in subclause (1) the applicant has the onus of satisfying the court that the freezing order should be continued or renewed.

Compare: 1908 No 89 Schedule 2 r 32.7 (as substituted by 2008 No 90 s 8) 15 32.8 Discharge or variation of freezing order (1) A freezing order must reserve leave to the respondent to apply to the court to discharge or vary the freezing order on whatever period of notice to the applicant the court considers just.
(2) An application by the respondent to discharge or vary the 20 freezing order must be treated as an urgent application by the court.

Compare: 1908 No 89 Schedule 2 r 32.8 (as substituted by 2008 No 90 s 8) 32.9 Jurisdiction This Part does not affect the jurisdiction of the court under any 25 enactment to make an order freezing assets.
Compare: 1908 No 89 Schedule 2 r 32.9 (as substituted by 2008 No 90 s 8) 32.10 Costs (1) The court may make any order as to costs it considers just in relation to an order made under this Part.

30 863 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 32—continued (2) Without limiting the generality of subclause (1), an order as to costs includes an order as to the costs of any person affected by a freezing order or ancillary order.
Compare: 1908 No 89 Schedule 2 r 32.10 (as substituted by 2008 No 90 s 8) Part 33 Search orders 5 33.1 Interpretation In this Part, unless the context otherwise requires,— applicant means an applicant for a search order described includes described generally, whether by reference 10 to a class or otherwise premises includes a vehicle or vessel of any kind record includes a copy, photograph, film, or sample respondent means a person against whom a search order is sought or made search order means an order made under rule 33.2.
Compare: 1908 No 89 Schedule 2 r 33.1 (as substituted by 2008 No 90 s 8) 15 33.2 Search order (1) 20 This rule applies only if the evidence is, or may be, relevant to an issue in the proceeding or anticipated proceeding.
The court may make an order (a search order), in a proceeding or before a proceeding commences, with or without notice to the respondent, to— (a) (b) secure or preserve evidence; and require a respondent to permit persons to enter premises 25 for the purpose of securing the preservation of evidence.

Form G 39 must be used but may be varied as the circum- stances require.

(2) (3) (4) A search order must be served on the respondent.
Compare: 1908 No 89 Schedule 2 r 33.2 (as substituted by 2008 No 90 s 8) 30 864 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 33—continued 33.3 Requirements for grant of search order The court may make a search order under rule 33.2 only if the court is satisfied that— (a) an applicant seeking the order has a strong prima facie case on an accrued cause of action; and the potential or actual loss or damage to the applicant will be serious if the search order is not made; and there is sufficient evidence in relation to a respondent that— (i) (b) (c) 5 the respondent possesses relevant evidentiary 10 material; and there is a real possibility that the respondent might destroy such material or cause it to be un- available for use in evidence in a proceeding or anticipated proceeding before the court.
15 (ii) Compare: 1908 No 89 Schedule 2 r 33.3 (as substituted by 2008 No 90 s 8) 33.4 Restriction on entrants (1) The permitted persons identified under rule 33.2(2)(b) must not include the applicant in person, or, if the applicant is not a natural person, any director, officer, employee, partner, or 20 other person associated with the applicant, other than the ap- plicant’s solicitor.

The number of those permitted persons must be as small as is reasonably practicable in the circumstances.
Compare: 1908 No 89 Schedule 2 r 33.4 (as substituted by 2008 No 90 s 8) 25 (2) 33.5 Applicant’s undertaking and duty (1) As a condition of the making of the order, the applicant must undertake to the court to pay the reasonable costs and disburse- ments of any independent solicitor appointed under rule 33.7.

The court must require the applicant for a search order to give 30 appropriate undertakings, including an undertaking as to dam- ages.
If the applicant has, or may later have, insufficient assets within New Zealand to discharge the obligation created by (3) (2) 865 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 33—continued an undertaking as to damages, the court may require the ap- plicant to provide security for that obligation in a form and in an amount fixed by a Judge or, if the Judge so directs, the Registrar.
(4) An applicant for a search order without notice to a respondent 5 must fully and frankly disclose to the court all material facts, including— (a) (b) any possible defences known to the applicant; and information casting doubt on the applicant’s ability to discharge the obligation created by the undertaking as 10 to damages.
Compare: 1908 No 89 Schedule 2 r 33.5 (as substituted by 2008 No 90 s 8) 33.6 Terms of search order (1) A search order may direct a named or described person— (a) (b) (c) (d) (e) to permit, or arrange to permit, another or other named 15 or described person or persons specified— to enter specified premises; and (i) to take other steps including searching for, in- (ii) specting, or removing a listed or described thing and making or obtaining a record of it or infor- 20 mation contained in it; and to provide, or arrange to provide, named or described persons with any described information, thing, or ser- vice; and to allow other named or described persons, including 25 computer specialists not associated with either the ap- plicant or the respondent, to take and retain in their cus- tody, or copy, any described thing; and not to disclose any information about the order, for up to 3 working days after the date on which the order was 30 served, except for the purposes of obtaining legal advice or legal representation; and to do or refrain from doing any specified act.
(2) A search order may contain whatever other incidental provi- sions the court considers just.

35 866 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Part 33—continued (3) A search order must fix a date on which the court will consider a report on the search from the independent solicitors, and any applications related to the matters listed in rule 33.8.
Compare: 1908 No 89 Schedule 2 r 33.6 (as substituted by 2008 No 90 s 8) 33.7 Independent solicitors (1) 5 If the court makes a search order, the court must appoint 1 or more solicitors, each of whom is independent of the appli- cant’s solicitors (the independent solicitors), to supervise the execution of the order, and to do whatever things in relation to the order the court considers appropriate.
The court may appoint an independent solicitor to supervise the carrying out of the order at any 1 or more premises, and a different independent solicitor or solicitors to supervise exe- cution of the order at other premises, with each independent solicitor having power to do whatever things in relation to the 15 order the court considers appropriate.
Service of a search order, or of any other document ordered to be served on a respondent, on a person appearing to an inde- pendent solicitor to be responsible and in charge of premises, is to be treated as service on the respondent.

20 10 (2) (3) (4) A search order must fix a date on which the court will consider a report on the search from the independent solicitors, and any applications related to the matters in rule 33.8.
Compare: 1908 No 89 Schedule 2 r 33.7 (as substituted by 2008 No 90 s 8) (2) 33.8 Review of search (1) On the date fixed under rule 33.7(4) the applicant and the re- spondent and the independent solicitors are entitled to appear, and the court may make any order it considers just.
In making an order under subclause (1), the court must con- sider the following: (a) what is to happen to any goods removed from the premises or to any copies that have been made: how the confidentiality to which the respondent is en- titled is to be maintained: (b) 25 30 867 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Part 33—continued any privilege claim: (c) any application by a party: (d) (e) any issue raised by an independent solicitor.
Compare: 1908 No 89 Schedule 2 r 33.8 (as substituted by 2008 No 90 s 8) 33.9 Costs (1) The court may make any order as to costs that it considers just in relation to an order made under this Part.

(2) Without limiting the generality of subclause (1), an order as to costs includes an order as to the costs of any person affected by a search order.
Compare: 1908 No 89 Schedule 2 r 33.9 (as substituted by 2008 No 90 s 8) 5 10 868 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Schedule 1 Forms Contents r 1.3(3) General forms G 1 General heading for documents filed in proceeding G 2 Notice of proceeding G 3 Memorandum (general form) G 4 Memorandum to be endorsed on form G 2 in proceeding under Declaratory Judgments Act 1908 G 5 Memorandum to be endorsed on form G 2 in proceeding under Family Protection Act 1955 Notice to defendant served overseas Appearance under protest to jurisdiction Appearance for ancillary purpose Appearance reserving rights G 6 G 7 G 8 G 9 G 10 Memorandum to be attached to first document filed by party G 11 Memorandum as to change of representation and/or address for service G 12 Notice of intention to speak Māori G 13 Notice of proceeding when summary judgment sought by plaintiff G 14 Third party notice G 15 Notice to other defendant G 16 Affidavit of service G 17 Service of foreign process in New Zealand—Registrar’s certificate G 18 Request for service abroad G 19 Report of examiner G 20 Subpoena to give evidence in New Zealand proceeding for service in Australia Subpoena for production only issued in New Zealand proceeding for service in Australia G 21 869 Schedule 1 Judicature Modernisation Bill High Court Rules—continued G 22 Statement of rights and obligations of person served in Australia with subpoena in Trans-Tasman Competition Proceedings G 23 Certificate of non-compliance with subpoena issued in New
 Zealand proceeding for service in Australia G 24 Notice of discontinuance G 25 G 26 G 27 G 28 Subpoena Subpoena to give evidence for service in Australia Subpoena for production only for service in Australia Statement of rights and obligations of person served in Australia with subpoena under Evidence Act 2006 G 29 Certificate of non-compliance with subpoena for service in Australia Interlocutory order G 30 Application for registration of foreign judgment under Reciprocal Enforcement of Judgments Act 1934
 Interlocutory application on notice Interlocutory application without notice G 31 G 32 G 33 Notice of opposition G 34 G 35 Notice to answer interrogatories G 36 Notice to admit facts G 37 Affidavit of documents G 38 Freezing order G 39 Search order G 40 General court order J 1 J 2 J 3 J 4 E 1 E 2 E 3 E 4 E 5 E 6 Judgment by default in case of liquidated demand Judgment by default in proceeding for recovery of land Judgment on trial by Judge Judgment on trial by jury Notice to liable party Statement of means of liable party Attachment order Charging order on land Interim charging order Final charging order 870 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Sale order Possession order Arrest order Sequestration order E 7 E 8 E 9 E 10 E 11 Order to arrest and imprison absconding debtor E 12 Order to arrest and imprison absconding debtor (in civil proceedings for penalty) when necessary to prove material prejudice PR 1 Affidavit for obtaining grant of probate PR 2 Affidavit for obtaining grant of letters of administration with will annexed PR 3 Affidavit for obtaining grant of administration on intestacy to surviving spouse, civil union partner, or de facto partner PR 4 Affidavit for obtaining grant of administration on intestacy to daughter or son of deceased PR 5 Affidavit for obtaining grant of administration on intestacy to parent of deceased PR 6 Affidavit for obtaining grant of administration on intestacy to brother or sister of deceased
 Probate in common form Letters of administration with will annexed Letters of administration on intestacy PR 7 PR 8 PR 9 PR 10 Caveat PR 11 Exemplification of probate or letters of administration PR 12 Affidavit of valid execution AD 1 General heading for action in personam AD 2 Notice of proceeding in personam AD 3 General heading for action in rem AD 4 Notice of proceeding in rem AD 5 Notice of proceeding both in rem and in personam AD 6 Memorandum of appearance AD 7 Application for warrant of arrest AD 8
 Indemnity to Registrar AD 9 Warrant of arrest AD 10 Notice by Registrar of arrest of property AD 11 Request for caveat against arrest 871 Schedule 1 Judicature Modernisation Bill High Court Rules—continued C 2 AD 12 Release from arrest AD 13 Bail bond AD 14 Request for caveat against release and payment AD 15 Request for commission for appraisement and sale AD 16 Commission for appraisement and sale AD 17 Notice for priority of claims on sale Arb 1 Appeal under Arbitration Act 1996 Arb 2 Notice for leave to appeal under Arbitration Act 1996 Arb 3 Application to enter award as judgment C 1 C 4 C 5 C 6 Statement of claim in proceeding for putting company into liquidation Statement of claim in proceeding for order under section 174 of Companies Act 1993 Notice of proceeding for putting company into liquidation or for order under section 174 of Companies Act 1993 Verifying affidavit Affidavit verifying statement of claim of limited company Advertisement of application for putting company into liquidation Advertisement of application for order under section 174 of Companies Act 1993 Affidavit of service Appearance in support of (or in opposition to) application for putting company into liquidation (or for making of order under section 174 of Companies Act 1993) C 10 Notification to liquidator of order putting company into C 8 C 9 C 7 C 3 liquidation C 11 Notification to interim liquidator of appointment C 12 Order putting company into liquidation C 13 Order appointing
 interim liquidator C 14 General heading for notices in forms C 15 and C 16 C 15 Notice to set aside voidable transaction under Companies Act 1993 C 16 Notice to set aside voidable charge under Companies Act 1993 Request for issue of bankruptcy notice B 1 872 Judicature Modernisation Bill Schedule 1 High Court Rules—continued B 2 Bankruptcy notice B 3 Creditor’s application for adjudication order B 4 Affidavit supporting creditor’s application for adjudication B 5 Summons to debtor B 6 Notice by debtor of
 intention to oppose application B 7 Warrant to search for and seize bankrupt’s property under B 8 B 9 section 150 or 151 of Insolvency Act 2006 Notice of objection to discharge Proposal by insolvent to creditors under subpart 2 of Part 5 of Insolvency Act 2006 Statement of affairs and affidavit Report of trustee on proposal B 10 B 11 B 12 Account of assets, debts, etc, of deceased person verified by affidavit B 13 Certificate by Public Trust or Māori Trustee of election to administer under Part 6 of Insolvency Act 2006 B 14 Originating application to cancel irregular transaction under section 206 of Insolvency Act 2006 B 15 Originating application to order retransfer of property or payment of value under section 207 of Insolvency Act 2006 B 16 Order adjudicating debtor bankrupt B 17 Appointment of Official Assignee as receiver and manager Using High Court Rules forms Purpose of forms The High Court Rules forms are templates you can use to prepare a document for a proceeding in the High Court.
The forms are grouped as follows: • general forms (G 1, G 2, etc) are those that the High Court Rules require, or authorise to be used, in a standard High Court proceeding: judgment forms (J 1, J 2, etc) are those used when entering a formal judgment on the court record: enforcement forms (E 1, E 2, etc) are those used when a judg- ment is being enforced: • • 873 5 10 Schedule 1 Judicature Modernisation Bill High Court Rules—continued • • • • • probate forms (PR 1, PR 2, etc) are those used in connection with applications for probate or administration: admiralty forms (AD 1, AD 2, etc) are those used in the High Court’s admiralty jurisdiction over ships and cargo: arbitration forms (Arb 1, Arb 2, etc) are those used when the 5 High Court’s jurisdiction is invoked in relation to an arbitra- tion: company forms (C 1, C 2, etc) are those used in relation to a company’s liquidation: bankruptcy forms (B 1, B 2, etc) are those used when a person 10 is being adjudicated bankrupt, and in the administration of the bankrupt estate.
Preparing forms Before preparing a form, check whether a High Court Rule applies.

The relevant rule number appears at the top of each form.

If a rule 15 applies, comply with it.
To prepare a document using the forms • use the general heading as set out in form G 1 at the beginning of each document or any modified heading indicated: replace text in [square brackets] with the relevant text: when alternative statements are provided (statement A, state- ment B, etc), select the relevant statement or statements that apply and omit the others: if required, renumber the numbered paragraphs so that the final document is numbered sequentially: remove all instructions (in italics) in the documents filed in the High Court or served on other parties—this includes instruc- tions within square brackets, footnotes, and statement labels (statement A, statement B, etc).
20 25 • • • • 874 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Format and content of forms The High Court Rules specify requirements for the presentation of forms.

In particular, you should refer to the following rules: • Rule 1.21: this rule states that you may vary a prescribed form as the circumstances of the particular case require: these rules indicate how the completed Rules 5.2 to 5.16: forms should be formatted and how the content should be pre- sented.
This includes specifications for page size, margins, numbering of pages, and division of content into numbered paragraphs: Rule 5.10: this rule prescribes the content and format of the cover sheet of a document.

When filing your first document as a party in a proceeding, at the end of it you must set out a memorandum containing prescribed information (see rule 5.44 and form G 10).

• • 5 10 15 Swearing and affirming Some documents, eg, affidavits, need to be solemnly verified.
A form will indicate this by using the word “sworn” at the end of the docu- ment.

This kind of document must be verified before a person who is authorised to take oaths, such as a solicitor or a Justice of the Peace.

20 However, under the Oaths and Declarations Act 1957 you may affirm instead of swearing an oath.

“Affirming” means “solemnly, sincerely, and truly declaring and affirming” the contents of a document.

If you choose to affirm, change “sworn” to “affirmed” where it occurs in the form.
25 875 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 1 General heading for documents filed in proceeding rr 5.11(2), 19.9(1) In the High Court of New Zealand [Name of registry] Registry No: [number of proceeding] Under the [name of Act under which the proceeding is authorised] In the matter of [specify matter to which proceeding relates] Between [full name, place of residence, occupation] (plaintiff) And [full name, place of residence, occupation] (defendant) Include the following if there is a counterclaim against both the plaintiff and another person.
Between [full name, place of residence, occupation] (defendant) And [full name, place of residence, occupation] (plaintiff) And [full name, place of residence, occupation] (counterclaim defendant) 5 10 15 20 876 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 2 Notice of proceeding rr 5.23(2), 5.57(4) To complete this notice,— • • complete and insert the heading as set out in form G 1: complete and attach the memorandum as set out in form G 3.
5 To the defendant/defendants* and any other person directed to be served.

*Select one.

This document notifies you that you must file in this registry of the court a statement of defence to the plaintiff’s claim (a copy of which is served with this notice).

You must do this within 25* working 10 days after the date on which you have been served with this notice.

If you do not, the plaintiff may at once proceed to judgment on the plaintiff’s claim, and judgment may be given in your absence.
If a trial of the proceeding is necessary, it will be held in this court at [place] at a time to be fixed by the court.

*Substitute “30”, in accordance with rules 5.47(3) and 6.35, if this notice is served out of New Zealand.

15 Date: Signature: (plaintiff/solicitor for plaintiff*) *Select one.

Notes If you file a statement of defence in the court, you must also provide 20 the plaintiff with initial disclosure of documents in accordance with rule 8.4.
If you file a statement of defence in the court, you will be notified of the date and time of the first case management conference.

The purpose of the conference is to assist the parties in the just, 25 speedy, and inexpensive determination of the proceeding, to make 877 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 2—continued directions as to the conduct of the proceeding, and, where practic- able, to make interlocutory orders.
The parties will also be assisted to identify, define, and refine the issues in dispute.

You must prepare for and attend the first case management confer- ence.

You will be expected to have discussed with the plaintiff the 5 matters set out in Schedule 5 of the High Court Rules.

You or your solicitor must file a memorandum relating to the procedural matters set out in rule 7.3 of the High Court Rules.

Include the following paragraph if it applies, otherwise omit.
The court has directed that this notice and the statement of claim be 10 served not only on the defendant/defendants* but also on the follow- ing persons: [full name, place of residence, and occupation of each person or entity directed to be served].

*Select one.

Date: (Registrar/Deputy Registrar*) *Select one.

15 Note: Please carefully read the memorandum attached to this notice.
878 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 3 Memorandum (general form) r 5.23(4) Advice 1 Although you do not have to employ a solicitor for the pur- pose of this proceeding, it is recommended that you consult a 5 solicitor about this matter immediately.
However, a company or other corporation that wants to defend this proceeding or appear at any hearing must consult a solicitor immediately be- cause— (a) it can only carry on a proceeding in the court by a so- 10 licitor; and it cannot appear to conduct a proceeding except by counsel (unless there are exceptional circumstances).

(b) Legal aid 2 If you cannot afford to meet the cost of the proceeding, you 15 may be entitled to assistance under the Legal Services Act 2011 and regulations made under that Act.
For this paragraph select the statement that applies.

3 Statement A The plaintiff is in receipt of legal aid for the purpose of this 20 proceeding.

Statement B The plaintiff is not in receipt of legal aid for the purpose of this proceeding.

Statement C The plaintiff has applied for legal aid for the purpose of this proceeding.
25 Statement of defence 4 If the last day for filing your statement of defence falls on a day on which the registry of the court is closed, you may file your 30 statement of defence on the next day on which that registry is open.

879 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 3—continued 5 6 Omit this paragraph if it conflicts with a direction by the court.
In calculating the time for filing your statement of defence you must disregard the period that commences with 25 December and ends with 15 January.

If you file a statement of defence, you must serve a copy of it 5 on the plaintiff and on any other defendant who has given an address for service.

This must be done within the same period of time you have for filing the statement of defence.
Counterclaim 7 If you have a counterclaim against the plaintiff, you must file a 10 statement of that counterclaim in the registry of the court, and serve it on the plaintiff and on any other person against whom the same claim is made.

This must be done within the same period of time you have for filing a statement of defence.

Witnesses 8 Summonses for the attendance of witnesses will be issued on application at the registry of the court.
Registry hours 9 The registry hours of the court are from 9 am to 5 pm, except on court holidays.

15 20 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
880 Advice 1 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 4 Memorandum to be endorsed on form G 2 in proceeding under Declaratory Judgments Act 1908 r 5.23(4) 5 Although you do not have to employ a solicitor for the pur- pose of this proceeding, it is recommended that you consult a solicitor about this matter immediately.
However, a company or other corporation that wants to defend this proceeding or appear at any hearing must consult a solicitor immediately be- 10 cause— (a) it can only carry on a proceeding in the court by a so- licitor; and it cannot appear to conduct a proceeding except by counsel (unless there are exceptional circumstances).

(b) Legal aid 2 If you cannot afford to meet the cost of the proceeding, you may be entitled to assistance under the Legal Services Act 2011 and regulations made under that Act.
For this paragraph select the statement that applies.

3 Statement A The plaintiff is in receipt of legal aid for the purpose of this proceeding.

Statement B The plaintiff is not in receipt of legal aid for the purpose of this 25 proceeding.

Statement C The plaintiff has applied for legal aid for the purpose of this proceeding.
Statement of defence 4 If the last day for filing your statement of defence falls on a day on which the registry of the court is closed, you may file your statement of defence on the next day on which that registry is open.

30 881 15 20 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 4—continued 5 6 Omit this paragraph if it conflicts with a direction by the court.
In calculating the time for filing your statement of defence you must disregard the period that commences with 25 December and ends with 15 January.

If you file a statement of defence, you must serve a copy of it 5 on the plaintiff and on any other defendant who has given an address for service.

This must be done within the same period of time you have for filing the statement of defence.
Appearance objecting to jurisdiction of court 7 If you object to the jurisdiction of the court to hear and deter- 10 mine this proceeding, you may file in the registry of the court an appearance stating your objection and the grounds for it in- stead of a statement of defence, and serve a copy of the ap- pearance on the plaintiff and on any other defendant who has given an address for service.

This must be done within the 15 same period of time you have for filing a statement of defence.
An appearance is not treated as a submission to the jurisdiction of the court.

8 Appearance for ancillary purposes 9 If you do not oppose the plaintiff’s claim but want to be heard 20 on an ancillary matter (including costs), you may, without fil- ing a statement of defence,— (a) file an appearance stating the matters on which you want to be heard; and serve a copy of it on the plaintiff and on any other de- 25 fendant who has given an address for service.
(b) 10 Those matters will not subsequently be determined except on notice to you.
Appearance reserving rights 11 If you do not oppose the plaintiff’s claim but want to reserve 30 your rights in the event that another person becomes a party to the proceeding or that a party takes a step in the proceeding that 882 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 4—continued is against your interests, you may, without filing a statement of defence,— (a) file an appearance reserving those rights in the registry of the court; and serve a copy of it on the plaintiff and on any other de- 5 fendant who has given an address for service.
(b) 12 Subsequently,— (a) you will be entitled to be served with all documents relevant to the reserved rights that may be filed in the proceeding by a person who is, or may become, a party; 10 and (b) with the leave of the court, you may file and serve a statement of defence and any other document within the time and on the terms and conditions prescribed by the court.

15 Registry hours 13 The registry hours of the court are from 9 am to 5 pm, except on court holidays.
Date: Signature: (Registrar/Deputy Registrar*) *Select one.

20 883 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 5 Memorandum to be endorsed on form G 2 in proceeding under Family Protection Act 1955 r 5.23(4) Advice 1 Although you do not have to employ a solicitor for the pur- 5 pose of this proceeding it is recommended that you consult a solicitor about this matter immediately.
However, a company or other corporation that wants to defend this proceeding or appear at any hearing must consult a solicitor immediately be- cause— (a) it can only carry on a proceeding in the court by a so- licitor; and it cannot appear to conduct a proceeding except by counsel (unless there are exceptional circumstances).

(b) 10 Legal aid 2 If you cannot afford to meet the cost of the proceeding, you may be entitled to assistance under the Legal Services Act 2011 and regulations made under that Act.
For this paragraph select the statement that applies.

3 Statement A The plaintiff is in receipt of legal aid for the purpose of this proceeding.

Statement B The plaintiff is not in receipt of legal aid for the purpose of this proceeding.

Statement C The plaintiff has applied for legal aid for the purpose of this proceeding.
15 20 25 Statement of defence 4 If the last day for filing your statement of defence falls on a day 30 on which the registry of the court is closed, you may file your statement of defence on the next day on which that registry is open.

884 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 5—continued 5 6 Omit this paragraph if it conflicts with a direction by the court.
In calculating the time for filing your statement of defence you must disregard the period that commences with 25 December and ends with 15 January.

If you file a statement of defence, you must serve a copy of it 5 on the plaintiff and on any other defendant who has given an address for service.

This must be done within the same period of time you have for filing the statement of defence.
Appearance objecting to jurisdiction of court 7 If you object to the jurisdiction of the court to hear and deter- 10 mine this proceeding, you may file in the registry of the court an appearance stating your objection and the grounds for it in- stead of a statement of defence, and serve a copy of the ap- pearance on the plaintiff and on any other defendant who has given an address for service.

This must be done within the 15 same period of time you have for filing a statement of defence.
An appearance is not treated as a submission to the jurisdiction of the court.

8 Appearance for ancillary purposes 9 If you do not oppose the plaintiff’s claim but want to be heard 20 on an ancillary matter (including costs), you may, without fil- ing a statement of defence,— (a) file an appearance stating the matters on which you want to be heard; and serve a copy of it on the plaintiff and on any other de- 25 fendant who has given an address for service.
(b) 10 Those matters will not subsequently be determined except on notice to you.
Appearance reserving rights 11 If you do not oppose the plaintiff’s claim but want to reserve 30 your rights in the event that another person becomes a party to the proceeding or that a party takes a step in the proceeding that 885 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 5—continued is against your interests, you may, without filing a statement of defence,— (a) file an appearance reserving those rights in the registry of the court; and serve a copy of it on the plaintiff and on any other de- 5 fendant who has given an address for service.
(b) 12 Subsequently,— (a) you will be entitled to be served with all documents relevant to the reserved rights that may be filed in the proceeding by a person who is, or may become, a party; 10 and (b) with the leave of the court, you may file and serve a statement of defence and any other document within the time and on the terms and conditions prescribed by the court.
Claim by defendant 13 If you want to make a claim under the Family Protection Act 1955 to provide for yourself out of the estate of the deceased, you must file a statement of claim setting out your claim and supporting facts, and serve a copy of it on— (a) (b) (c) the plaintiff; and the defendant; and any other person (other than yourself) directed to be served with the plaintiff’s proceeding.

15 20 This must be done within the same period of time you have for 25 filing a statement of defence.
Registry hours 14 The registry hours of the court are from 9 am to 5 pm, except on court holidays.

886 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 5—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.

887 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 6 Notice to defendant served overseas r 6.31 Add this notice to form G 3, G 4, or G 5 as appropriate.
Since you are resident outside New Zealand you are further notified that— 1 5 The plaintiff has commenced a proceeding against you in the High Court of New Zealand, claiming the relief specified in the attached statement of claim.

Although you are resident outside New Zealand, the plaintiff claims that this proceeding can be brought against you in the 10 High Court of New Zealand.
By New Zealand law, the High Court may exercise jurisdiction in certain classes of case even though the defendant is resident outside New Zealand.

[Specify particular provision(s) of rule 6.27 on which the 15 plaintiff relies to serve the proceeding overseas.]

In this case the plaintiff claims: [specify facts alleged by the plaintiff to confer jurisdiction].
Even though the court has jurisdiction to hear and determine this proceeding, it may decline to do so if it is satisfied— (a) that in all the circumstances a country other than New Zealand is the most appropriate country in which the matters in dispute in the proceeding should be deter- mined; and that the plaintiff will have a fair opportunity to prove the 25 plaintiff’s claim and receive justice in that other coun- try.
(b) 20 If you want to dispute the jurisdiction of the court, you must, within the time specified for filing a statement of defence, and instead of filing and serving a statement of defence,— (a) file an appearance in this court, in the form required by the rules of this court, stating your objection to the court’s jurisdiction and the grounds for it; and serve a copy of it on the plaintiff.

(b) The appearance is not treated as a submission to the jurisdic- 35 tion of the court.
30 888 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 6—continued 8 If you want to dispute the jurisdiction of the High Court or to defend the plaintiff’s claim, you should either directly, or through a qualified legal adviser in the place where you are, send written authority (by fax or email) to a solicitor in New Zealand to act for you.
Note: This form should not be used if the defendant is to be served in Australia under section 13 of the Trans-Tasman Proceedings Act 2010.

Use instead the information that section 15 of that Act requires to be served on the defendant (see form 1 of the Schedule of the Trans-Tasman Proceedings Regulations and Rules 2013).

5 10 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
889 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 7 Appearance under protest to jurisdiction rr 5.52, 29.7 Complete and attach the memorandum as set out in form G 10.

1 The defendant, [name], appears under protest to object to the jurisdiction of the court to hear and determine this proceeding.

5 The defendant’s objection is based on the following grounds: [specify grounds].

2 Date: Signature: (solicitor/counsel* for defendant) *Select one.
10 890 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 8 Appearance for ancillary purpose rr 5.52, 29.7 Complete and attach the memorandum as set out in form G 10.

The defendant, [name], does not oppose the plaintiff’s claim but ap- pears in order to be heard on the following matters: [specify matters].

5 Date: Signature: (solicitor/counsel* for defendant) *Select one.
891 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 9 Appearance reserving rights rr 5.52, 29.7 Complete and attach the memorandum as set out in form G 10.

The defendant, [name], does not oppose the plaintiff’s claim but ap- pears in order to reserve the defendant’s rights in the event that an- 5 other person becomes a party to this proceeding, or that a party takes a step in the proceeding that is against the defendant’s interests.
Date: Signature: (solicitor/counsel* for defendant) *Select one.

10 892 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 10 Memorandum to be attached to first document filed by party rr 5.44, 19.8(2) Select the statement that applies.

Statement A This document is filed by the plaintiff/defendant/third party* in per- son.

The address for service of the plaintiff/defendant/third party* is [address].

5 *Select one.
5 *Select one.

Documents for service on the filing party may be left at that address for service or may be— (a) (b) posted to the party at [post office box address]; or left for the party at a document exchange for direction to [document exchange box number]; or transmitted to the party by fax to [fax number]; or Omit this paragraph if email service will not be accepted.

emailed to the party at [email address].


(c) (d) Statement B This document is filed by [full name], solicitor for the plaintiff/de- fendant/third party*, of the firm [full name].

The address for service of the plaintiff/defendant/third party* is [address].

*Select one.
*Select one.

Documents for service on the filing party may be left at that address for service or may be— (a) (b) posted to the solicitor at [post office box address]; or left for the solicitor at a document exchange for direction to [document exchange box number]; or transmitted to the solicitor by fax to [fax number]; or (c) (d) Omit this paragraph if email service will not be accepted.

emailed to the solicitor at [email address].


893 10 15 20 25 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 10—continued Statement C This document is filed by [full name], solicitor for the plaintiff/de- fendant/third party*, of the firm [full name], whose postal address is [address].

The address for service of the plaintiff/defendant/third party* is [address].

5 *Select one.

The solicitor’s agent in the proceeding is [full name].
Documents for service on the party may be left at that address for service or may be— (a) (b) posted to the solicitor at [post office box address]; or left for the solicitor at a document exchange for direction to 10 [document exchange box number]; or (c) transmitted to the solicitor by fax to [fax number]; or (d) Omit this paragraph if email service will not be accepted.

emailed to the solicitor at [email address].


894 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 11 Memorandum as to change of representation and/or address for service r 5.40(8) To the Registrar of the High Court at [place] and To [name of other party or parties to proceeding] 5 This document notifies you that— 1 For this paragraph select the statement that applies.
Statement A The solicitor for the plaintiff/defendant/third party* is now 10 [name and address of solicitor and solicitor’s firm, if any].

*Select one.

2 Statement B The plaintiff/defendant/third party* now acts in person in place of [name and address of previous solicitor and solici- tor’s firm, if any].

*Select one.

The address for service of the plaintiff/defendant/third party* is now [address complying with definition of address for ser- vice in rule 1.3].
Service may also now be effected by— (a) posting it to the party/party’s solicitor* at [post office box address]; or leaving it for the party/party’s solicitor* at a document exchange for direction to [document exchange box num- ber]; or transmitting it to the party/party’s solicitor* by fax to [fax number]; or Omit this paragraph if email service will not be ac- cepted.

emailing it to the party/party’s solicitor* at [email ad- dress].

(b) (c) (d) *Select one.


895 15 20 25 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 11—continued Date: Signature*: (plaintiff/defendant/third party†) *If this document notifies a change of solicitor, it must be signed by the party personally or by the party’s solicitor.

†Select one.
†Select one.

896 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 12 Notice of intention to speak Māori r 1.11(4) To the Registrar of the High Court at [place] and To [names of parties to be served] This document notifies you that [full name and address of party, counsel, or witness] intends to speak Māori at— 5 Select the statement that applies.

Statement A all case management conferences and hearings relating to the above 10 proceeding.
Statement B all case management conferences and hearings relating to the above proceeding held after [specify particular case management confer- ence or hearing after which the person wishes to speak Māori].

Statement C the case management conference/the hearing relating to the above proceeding* to be held at [specify details of particular case man- agement conference or hearing at which the person wishes to speak Māori].

*Select one.
*Select one.

15 20 Date: Signature: (signature of party/solicitor/person intending to speak Māori*) *Select one.

897 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 12—continued Notes The Maori Language Act 1987 entitles the following persons to speak Māori in legal proceedings: the parties to the pro- ceedings, witnesses, counsel, and, with the leave of the court, other persons.
If a person intends to speak Māori at all case management con- ferences and hearings relating to a proceeding or application, the person (or, if the person is a witness, the party intending to call the person as a witness) must, at least 10 working days be- fore the first case management conference or hearing, file this 10 notice in the registry of the court and serve a copy of the no- tice on every other party to the proceeding or application.
If a person intends to speak Māori at all case management conferences and hearings after a particular case management conference or hearing, the person (or, if the person is a witness, 15 the party intending to call the person as a witness) must, at least 10 working days before the first case management conference or hearing at which the person intends to speak Māori, file this notice in the registry of the court and serve a copy of the notice on every other party to the proceeding or application.
If a person intends to speak Māori at a particular case man- agement conference or hearing, the person (or, if the person is a witness, the party intending to call the person as a wit- ness) must, at least 10 working days before the case manage- ment conference or hearing, file this notice in the registry of 25 the court and serve a copy of the notice on every other party to the proceeding or application.
Failure to give notice of intention to speak Māori does not pre- vent a person speaking Māori at a case management confer- ence or hearing, but the court may— (a) 30 20 adjourn the conference or hearing to enable the Regis- trar to arrange for an interpreter to be available at the adjourned case management conference or hearing; and treat the failure to give notice as a relevant consideration in an award of costs.
35 (b) 898 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 13 Notice of proceeding when summary judgment sought by plaintiff r 12.4(4) To the defendant/defendants* *Select one.
5 This document notifies you that— (a) (b) a claim, a copy of which is served with this document, has been filed by the plaintiff; and the plaintiff has also applied to this court for immediate judg- ment against you (on that claim or, if judgment is not sought on the full claim, to the extent stated in the notice of application 10 for summary judgment also served with this document) on the ground that you have no defence (to the plaintiff’s claim or to the plaintiff’s claim to the extent stated in the application).
Notice of opposition and affidavit setting out defence 1 If you have a defence to the plaintiff’s claim, you should, not 15 less than 3 working days before the date of hearing shown in the notice of application for summary judgment (also served with this document),— (a) file in the court registry at [place]— (i) (ii) a notice of opposition; and an affidavit sworn by you or on your behalf set- ting out your defence; and 20 2 3 (b) serve a copy of that notice of opposition and a copy of that affidavit on the plaintiff.
The court may give whatever judgment on the plaintiff’s claim 25 against you is thought just if you fail— (a) to file both a notice of opposition and an affidavit, and to serve copies of them on the plaintiff; and to appear on the date of hearing in opposition to the plaintiff’s application.

(b) 30 If you are a natural person, you may appear personally at the hearing or by counsel.
899 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 13—continued 4 If you are a company or other corporation, you may appear only by counsel at the hearing.

Statement of defence 5 6 You may, in addition to filing a notice of opposition and an affidavit, file a statement of defence.
If you want to file a statement of defence,— (a) you must file it in the registry of the court in which your notice of opposition and your affidavit were filed; and you must serve a copy of it on the plaintiff; and you must both file and serve it not less than 3 working 10 days before the date of hearing.

(b) (c) 5 Date: Signature: (plaintiff/solicitor for plaintiff*) *Select one.

Note: Please carefully read the memorandum attached to this notice.
15 Memorandum Although you do not have to employ a solicitor for the pur- pose of this application, it is recommended that you consult a solicitor about this matter immediately.

However, a company 20 or other corporation that wants to oppose this application or appear at any hearing must consult a solicitor immediately be- cause— (a) it can only carry on proceedings in the court by a solici- tor; and it cannot appear to conduct a proceeding except by counsel (unless there are exceptional circumstances).
25 Advice 1 (b) 900 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 13—continued 3 5 Legal aid 2 If you cannot afford to meet the cost of the proceeding, you may be entitled to assistance under the Legal Services Act 2011 and regulations made under that Act.

For this paragraph select the statement that applies.

5 Statement A The plaintiff is in receipt of legal aid for the purpose of this proceeding.
Statement B The plaintiff is not in receipt of legal aid for the purpose of this 10 proceeding.

Statement C The plaintiff has applied for legal aid for the purpose of this proceeding.
15 Appearance objecting to jurisdiction of court 4 If you object to the jurisdiction of the court to hear and de- termine this proceeding, you may, within the time allowed for filing your notice of opposition and your affidavit,— (a) file in the registry of the court, instead of a notice of opposition and an affidavit, an appearance stating your 20 objection and the grounds for it; and (b) serve a copy of the appearance on the plaintiff.
Such an appearance will not be treated as a submission to the jurisdiction of the court.

Registry hours 6 The registry hours of the court are from 9 am to 5 pm, except on court holidays.
25 Working days 7 Working day means any day of the week other than— 901 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 13—continued (a) (b) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Wai- tangi Day; and a day in the period commencing with 25 December in any year and ending with 15 January in the following 5 year.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Add the following notice if the defendant is to be served overseas 10 (other than in Australia and under section 13 of the Trans-Tasman Proceedings Act 2010).

If the defendant is to be served in Australia and under section 13 of the Trans-Tasman Proceedings Act 2010, do not use the following notice, but use instead the information that section 15 of that Act requires to be served on the defendant (see form 15 1 of the Schedule of the Trans-Tasman Regulations and Rules 2013).
Notice to defendant served overseas Since you are resident outside New Zealand you are further notified that— 1 The plaintiff has commenced a proceeding against you in the 20 High Court of New Zealand, claiming the relief specified in the attached statement of claim.

Although you are resident outside New Zealand, the plaintiff claims that the plaintiff can bring this proceeding against you in the High Court of New Zealand.
By New Zealand law, the High Court may exercise jurisdiction in certain classes of case even though the defendant is resident outside New Zealand.

[Specify particular provision(s) of rule 6.27 on which the plaintiff relies to serve the proceeding overseas.]

25 30 2 3 4 902 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 13—continued 5 6 7 In this case the plaintiff claims: [specify facts alleged by the plaintiff to confer jurisdiction].
Even though the court has jurisdiction to hear and decide this proceeding, it may decline to do so if it is satisfied that— (a) in all the circumstances a country other than New 5 Zealand is the most appropriate country in which the matters in dispute in the proceeding should be decided; and the plaintiff will have a fair opportunity to prove the plaintiff’s claim and receive justice in that other coun- 10 try.
(b) If you want to dispute the jurisdiction of the High Court or to defend the plaintiff’s claim, you should either directly, or through a qualified legal adviser in the place where you are, send authority to a solicitor in New Zealand by airmail in- 15 structing that solicitor to act for you.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
903 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 14 Third party notice r 4.10(2) To [full name, address, occupation] This document notifies you that— Claim by plaintiff against defendant 1 This proceeding has been brought by the plaintiff against the defendant, in which the plaintiff claims the relief set out in the plaintiff’s statement of claim (copy attached).

The defendant has/has not* filed a statement of defence to the claim.

*Select one.
*Select one.

5 Omit the following sentence if it does not apply.

A copy of that statement of defence is served with this docu- ment.

10 Claim by defendant against you 2 The defendant claims relief or a remedy against you in respect of, or arising out of, the plaintiff’s claim.

That relief or rem- 15 edy and the grounds on which it is claimed are set out in the defendant’s statement of claim (copy attached).

Can I dispute the claims made against the defendant and me?

3 Yes.
3 Yes.

If you want to dispute the plaintiff’s claim against the de- fendant or the defendant’s claim against you, you must, within 20 25* working days after the day on which you are served with this notice,— (a) file in the registry of this court at [place] a statement of your defence to the plaintiff’s claim or the defendant’s claim, or both, as the case may be; and serve a copy of that statement of defence on the plain- tiff and the defendant and on the other parties to the pro- ceeding.
25 (b) *Substitute “30”, in accordance with rules 4.14(1A) and 6.35, if this notice is served out of New Zealand.

904 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 14—continued What if I fail to dispute the claims?
4 If you do not dispute the claims,— (a) you will be treated as having admitted— (i) (ii) the plaintiff’s claim against the defendant; and the defendant’s right to the relief or remedy that 5 the defendant claims against you; and the validity of any judgment that may be given in the proceeding, whether by consent, default, or otherwise; and (iii) (b) you will be bound by any judgment given, which may 10 be enforced against you under the rules of court.
Trial of proceeding 5 The trial of the proceeding, if a trial is necessary, will take place at [place] at a time to be fixed by the court.

Include the following sentence if there is a court order, otherwise 15 omit.

This notice is issued under an order of the court made on [date].

Date: Signature: (defendant/solicitor for the defendant*) *Select one.
20 905 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 15 Notice to other defendant To the [specify which defendant, eg, second, third, etc] defendant, [full name] r 4.21(1) This document notifies you that— Claim against you 1 The [specify which defendant] defendant, [name], claims the relief or remedy against you set out in the attached statement of claim.

The grounds for claiming the relief or remedy are also set out in the statement of claim.
Your right to dispute claim 2 (b) If you dispute the claim, you must, within 10 working days after the day on which you are served with this notice,— (a) file in this registry of the court a statement of your de- fence to the claim; and serve a copy of that statement of defence on— the claiming defendant, [full name]; and (i) the plaintiff; and (ii) any other party who has filed an address for ser- (iii) vice.

5 10 15 20 Date: Signature: (defendant/solicitor for defendant*) *Select one.
906 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 16 Affidavit of service r 6.10 I, [full name, place of residence, occupation], swear— 1 On [day, date], I served the [party as described in the heading], [full name], with the following documents: [List each document served, eg, statement of claim and notice of proceeding.
If, under rule 6.10, a copy of a served document is not attached to the affidavit, the description of the docu- ment— (a) must be sufficient to enable the document to be identi- 10 5 fied; and (b) must include the date of the document (if the document bears a date)].

I served the documents on the [party as described in the head- ing] at [place] in New Zealand by [specify how documents 15 were delivered, eg, personally].
I believe it was the [defendant or other party as described in the heading] that I served because— Select the statement(s) that apply.

Statement A the defendant/[party]* acknowledged that he/she* is the de- fendant.

20 *Select one.

Statement B I know the defendant/[party]*.

*Select one.

Statement C [Specify any other reason.]

Omit this paragraph if it does not apply.

True copies of the documents served are attached to this affi- davit and marked “A” and “B”.
25 2 3 4 907 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 16—continued Signature of deponent: Sworn at: [place, date] Before me: [name, signature] (a solicitor of the High Court of New Zealand/Registrar/Deputy Registrar*) 5 *Select one.
908 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 17 Service of foreign process in New Zealand—Registrar’s certificate r 6.25 1 I, [full name], Registrar of the High Court of New Zealand, at [place], certify that the documents attached to this certificate 5 are— (a) the original letter of request for service of process re- ceived from [name of foreign court or tribunal] at [place where foreign court or tribunal sits] in [name of foreign country], in the matter of [specify matter pending before 10 foreign court or tribunal]; and the copy of the process/citation* received with the letter of request; and the evidence of service on [full name of entity or person named in letter of request].
15 (b) (c) *Select one.

2 For this paragraph select the statement that applies.

Statement A I certify that the service that has been proved and its proof comply with the law and practice of the High Court of New Zealand regulating the service and proof of service of New 20 Zealand legal process in New Zealand.

Statement B Service of the process could not be effected for the following reasons: [specify reasons].
I certify that the cost of effecting the service/attempting to ef- 25 fect the service* is $[amount].

*Select one.

3 Date: Signature: (Registrar) 909 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 18 Request for service abroad r 6.34(2) To the Registrar of the High Court at [place] 1 2 This request is made under [name of convention].
I request that the statement of claim and notice of proceeding 5 in this proceeding be transmitted through the proper channel to [name of country] for service/substituted service* on the [describe defendant as in the heading] defendant, [name], at [place] or elsewhere in [name of country], and that the service be effected directly through a New Zealand or British consular 10 officer (or by the competent authority of that country).

*Select one.
*Select one.

3 I undertake— (a) (b) to be responsible for all expenses of effecting or endeav- ouring to effect service incurred by the New Zealand Government and by any competent authority acting in 15 the matter or by any governmental officer; and on being advised of the amount of those expenses,— (i) to pay that amount immediately to a Crown Bank Account; and to produce evidence of the payment to the Regis- 20 trar.

(ii) Date: Signature: (plaintiff/solicitor for plaintiff*) *Select one.
910 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 19 Report of examiner To the Registrar of the High Court at [place] 1 r 9.23 Under the order of this court made on [date] and rule 9.20 of the High Court Rules, I, [full name and address of examiner], 5 the examiner appointed by that order,— (a) duly appointed [time, date] as the time and [address of place where examination to be held] as the place where the persons named in the order were to be examined; and notified the parties.
(b) At the appointed time and place, the parties appeared by coun- sel, namely, [name] for the plaintiff and [name] for the defen- dant.

The proceeding was adjourned until [particulars of any adjournments]*.

*Omit this sentence if proceeding not adjourned.

10 15 The examination of the witnesses named in the order was con- ducted before me in accordance with rule 9.20 of the High Court Rules on [dates on which witnesses were examined].
With the written consent of each party and in accordance with rule 9.21 of the High Court Rules, the following witnesses 20 were also examined before me on [dates on which additional witnesses were examined].

Before each witness was examined, the witness took an oath or affirmation to tell the truth, the whole truth, and nothing but the truth in the evidence that the witness was about to give.

The evidence of each witness was recorded.


Under rule 9.22 of the High Court Rules, I also recorded— a note of each objection to any evidence; and (a) (b) the ground of each objection; and (c) my opinion on each objection; and (d) The entire record is attached.

the answer (if any) of the witness to the question.
30 25 911 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 19—continued 8 I certify that I incurred the following out-of-pocket expenses in relation to this examination: [specify items, eg, rent, transport, stenographer, and attach vouchers].

Date: Signature: (examiner) If the evidence of any witness is not taken for any of the reasons set out in rule 9.20(7), complete and insert the following certificate either: • • in place of paragraphs 2 to 7; or after paragraph 7.
In all other circumstances, omit.

I certify that at the time and place appointed set out in paragraph 1/at [time, date, place], the time and place to which I had adjourned the examination*,— *Select one.

5 10 Select the statement that applies.

Statement A there was no appearance by or on behalf of the plaintiff/defendant*.

15 *Select one.

Statement B the witness [name] did not attend.

Statement C the plaintiff/defendant* stated that there was no intention to proceed 20 with the taking of evidence.
*Select one.

912 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 20 Subpoena to give evidence in New Zealand proceeding for service in Australia r 28.4(1) To [name, place of residence, occupation] 1 You are ordered to attend the High Court of New Zealand at 5 [place, date, time] and, on each subsequent day until you are discharged from attendance, to give evidence on behalf of the [party] in this proceeding.

Omit this paragraph if it does not apply.


You are ordered to bring with you and produce at the same 10 time and place [details of documents to be produced].

This order of subpoena is issued by [full name], the party/so- licitor for the party*, with the leave of the Honourable Justice [name].

*Select one.

2 3 Date: Signature: Full name of Registrar/Deputy Registrar*: Postal address of registry: Telephone: Fax: *Select one.
15 20 913 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 21 Subpoena for production only issued in New Zealand proceeding for service in Australia r 28.4(1) To [name, place of residence, occupation] 1 For this paragraph select the statement that applies.

5 Statement A You are ordered to produce this subpoena and the documents or things set out in the list below at the High Court of New Zealand at [place, date, time].
10 Statement B You are ordered to produce this subpoena and the documents or things set out in the list below at the Federal Court of Aus- tralia at [place] not later than [date].
If you produce the documents or things at the Federal Court you must obtain a receipt for the documents or things pro- 15 duced from a Registrar, Deputy Registrar, District Registrar, or Deputy District Registrar of that court and send a copy of that receipt and a copy of this subpoena by fax to the Registry of the High Court of New Zealand shown below and provide an officer of the Federal Court with a sum that is sufficient to 20 send the documents or things to New Zealand.
This order of subpoena is issued by [full name], the party/so- licitor for the party*, with the leave of the Honourable Justice [name].

*Select one.

2 3 List of documents and things [List documents and things.]

25 914 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 21—continued Date: Signature: Full name of Registrar/Deputy Registrar*: Postal address of registry: Telephone: Fax: *Select one.
5 915 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 22 Statement of rights and obligations of person served in Australia with subpoena in Trans-Tasman Competition Proceedings r 28.5(1) Allowances and travelling expenses 1 5 At the time you are served with this subpoena, or at some other reasonable time before the hearing, you are entitled to be paid allowances and travelling expenses, or given vouchers in re- spect of those allowances and expenses, that cover your rea- sonable expenses in complying with this subpoena.
You are not required to comply with this subpoena unless those allowances and travelling expenses or vouchers are tendered to you.

You are also entitled to be paid for your reasonable expenses in complying with the subpoena in addition to any payment or 15 vouchers tendered to you.

You may apply to the High Court of New Zealand for an order specifying that amount.
10 2 3 Failure to comply 4 Failure to comply with this subpoena constitutes contempt of the Federal Court of Australia, and is punishable unless you 20 establish that the failure to comply should be excused.

Setting subpoena aside 5 You may apply to the High Court of New Zealand to have the subpoena set aside under section 84 of the Trans-Tasman Proceedings Act 2010 of New Zealand.
Section 84 of the 25 Trans-Tasman Proceedings Act 2010 provides that, without limiting the grounds on which the order may be set aside, the High Court may set the order aside on any of the following grounds: (a) that the witness does not have, and could not reasonably 30 be expected to obtain, the necessary travel documents: that the witness is liable to be detained for the purpose of serving a sentence: that the witness is liable to prosecution for an offence: (b) (c) 916 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 22—continued (d) (e) (f) (g) that the witness is liable to the imposition of a penalty in civil proceedings, not being proceedings for a pecuniary penalty under section 80 or 83 of the Commerce Act 1986 of New Zealand: that the evidence of the witness could be obtained with- 5 out significantly greater expense by other means: that compliance with the order of subpoena would cause hardship or serious inconvenience to the witness: in the case of an order of subpoena that requires a wit- ness to produce documents, whether or not it also re- 10 quires the witness to testify, that the court is satisfied that the documents should not be taken out of Australia and that evidence of the contents of the documents can be given by other means.
The application must be made by affidavit and must be filed in 15 the registry of the High Court of New Zealand that issued the order of subpoena.

The affidavit must be sworn by the applicant and must set out the facts relied on to set the subpoena aside.

You can send the affidavit by fax.


If you do this,— (a) mark the document for the attention of the officer whose 20 (b) name appears on the subpoena; and give a fax number so that a receipt can be sent to you; and post the original affidavit to the court.

(c) Your affidavit will be served on the party who obtained the subpoena.

The High Court of New Zealand will decide whether a hearing is necessary.

If it is, you will be notified by an officer of the court.
25 30 Note If you are in doubt about any matter relating to this subpoena you should obtain legal advice.
917 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 23 Certificate of non-compliance with subpoena issued in New Zealand proceeding for service in Australia r 28.8 To the Federal Court of Australia at [place] 1 The High Court of New Zealand certifies that [name of person subpoenaed], having been served with a subpoena in a New Zealand proceeding within the meaning of section 32B of the Federal Court of Australia Act 1976 (a copy of which is at- tached to this certificate), has contravened that subpoena in 10 that [particulars of contravention].
For this paragraph select the statement that applies.

5 2 Statement A No application to set aside the subpoena under section 84 of the Trans-Tasman Proceedings Act 2010 of New Zealand has 15 been made to the High Court.

Statement B An application to set aside the subpoena under section 84 of the Trans-Tasman Proceedings Act 2010 of New Zealand has been dismissed.

A copy of the reasons for dismissing the 20 application is attached to this certificate.
Date: Signature: (Registrar/Deputy Registrar*) *Select one.
918 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 24 Notice of discontinuance r 15.19(2) To the Registrar of the High Court at [place] and To [name of other party or parties to proceeding] This document notifies you that— 1 2 [Name of plaintiff discontinuing proceeding] discontinues this proceeding against [name of defendant or, if more than 1 de- fendant, names of defendants or names of defendants against whom the plaintiff discontinues the proceeding].
For this paragraph select the statement that applies.

Statement A A copy of the written consent of a plaintiff who is required under rule 15.20 of the High Court Rules to consent to this discontinuance is attached.

Statement B A copy of the written consent of a defendant who is required under rule 15.20 of the High Court Rules to consent to this discontinuance is attached.

5 10 15 Statement C The High Court has granted leave to the plaintiff to discontinue this proceeding.
20 Date: Signature: (plaintiff/solicitor for plaintiff*) *Select one.

25 919 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 25 Subpoena r 9.52(1) To [name, place of residence, occupation] 1 You are ordered to attend the High Court at [place, date, time] and, on each subsequent day until you are discharged from 5 attendance, to give evidence on behalf of the [party] in this proceeding.

Omit this paragraph if it does not apply.


You are ordered to bring with you and produce at the same time and place [details of documents and things to be produced].

This order of subpoena is issued by [full name], the party/so- licitor for the party.

* *Select one.

10 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
15 Notes Allowances and travelling expenses 1 You are entitled to have paid to you, at the time of the service of this order on you, or at some other reasonable time before the hearing, an amount in respect of your allowances and trav- 20 elling expenses.

The scale of allowances and travelling expenses that applies is prescribed for the time being by the Witnesses and Interpreters Fees Regulations 1974.
2 3 2 920 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 25—continued Failure to attend 3 If, having been tendered or paid allowances and travelling ex- penses at the appropriate rate, you fail to attend, the court may issue a warrant to arrest you and bring you before the court.

The penalty for failing to attend without just excuse is a fine 5 not exceeding $500.
4 921 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 26 Subpoena to give evidence for service in Australia r 9.59(1) To [name, place of residence, occupation] 1 You are ordered to attend [place of court or, if witness is re- 5 quired to attend at a place other than the High Court, that other place] on [date, time] and on each subsequent day until you are discharged from attendance to give evidence on behalf of the [party] in this proceeding.
Omit this paragraph if it does not apply.

You are ordered to bring with you and produce at the same time and place [details of documents and things to be produced].

This order of subpoena is issued by [full name], the party/so- licitor for the party*.

*Select one.
*Select one.

10 2 3 Note: Section 156(2) of the Evidence Act 2006 of New Zealand al- 15 lows this order of subpoena to be served in Australia only if it is ac- companied by a copy of the order granting leave to serve it, and a statement in the prescribed form of the rights and obligations of the person served.

Date: Signature: Full name of Registrar/Deputy Registrar*: Postal address of registry: Telephone: Fax: *Select one.
20 25 922 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 27 Subpoena for production only for service in Australia r 9.59(2) To [name, place of residence, occupation] 1 You are ordered to produce this subpoena and the documents 5 or things set out in the list below at the High Court of New Zealand at [place, date, time].
You will comply with this subpoena if you produce the docu- ments or things at a registry of an Australian court that is au- thorised by the law of the Commonwealth of Australia to re- 10 ceive those documents or things, no later than 7 working days before that date.

This order of subpoena is issued by [full name], the party/so- licitor for the party*.

*Select one.
*Select one.

2 3 Note: Section 156(2) of the Evidence Act 2006 of New Zealand al- 15 lows this order of subpoena to be served in Australia only if it is ac- companied by a copy of the order granting leave to serve it, and a statement in the prescribed form of the rights and obligations of the person served.

List of documents or things [List documents or things.]

Date: Signature: Full name of Registrar/Deputy Registrar*: Postal address of registry: Telephone: Fax: *Select one.
20 25 923 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 28 Statement of rights and obligations of person served in Australia with subpoena under Evidence Act 2006 r 9.61 Important: This statement is important.

Please read the statement 5 and the attached document carefully.

If you are in any doubt about this statement or the attached documents, you should get legal advice immediately.

Attached to this statement is a subpoena issued by the High Court of New Zealand.
A subpoena is a summons to a witness to give evi- 10 dence or produce documents.

The subpoena attached to this state- ment requires you to [specify whether witness is required to attend the High Court or some other place to give evidence, give evidence and produce documents or things, or only produce documents or things].

The subpoena may be served in Australia under section 156 of the 15 Evidence Act 2006 of New Zealand.

This statement sets out your rights and obligations relating to the subpoena.
Your rights 1 At the time you are served with this subpoena, or at some other 20 reasonable time before the hearing, you are entitled to be paid allowances and travelling expenses, or given vouchers in re- spect of those allowances and expenses, that cover your rea- sonable expenses in complying with this subpoena.

You are not required to comply with this subpoena unless those 25 allowances and travelling expenses or vouchers are tendered to you.
You are also entitled to be paid for your reasonable expenses in complying with the subpoena in addition to any payment or vouchers tendered to you.

You may apply to the High Court 30 of New Zealand for an order specifying that amount.

You may apply to the High Court of New Zealand to have the subpoena set aside.

If you want to have the subpoena set aside, you should get legal advice as soon as possible.
2 3 4 924 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 28—continued 5 6 An application to set the subpoena aside can be made and de- termined without having to go to New Zealand.

You are en- titled to have Australian solicitors act for you.

The High Court of New Zealand may determine the applica- tion without a hearing if neither you nor the party who re- 5 quested the issue of the subpoena requires a hearing.
The court may hold a hearing by audio link or audiovisual link if the court thinks fit.

If a party applies to the court for a direction to hear the application by audio link or audiovisual link, the court is required to hear it by audio link or audiovisual link.

10 Note: See “setting subpoena aside” for details of the grounds on which a subpoena may be set aside and the procedure that must be followed.
Your obligations 7 (b) If the subpoena is not set aside, you must comply with it if— 15 when you were served with the subpoena, or at some (a) reasonable time before the time specified for you to comply, you have been paid or tendered allowances and travelling expenses, or offered vouchers in respect of those allowances and expenses, that are sufficient to 20 cover reasonable expenses incurred in complying with this subpoena; and a copy of the order of the Judge of the High Court of New Zealand granting leave to serve the subpoena was served on you with the subpoena; and you were served with the subpoena not later than the date specified by the Judge of the High Court who granted leave to serve the subpoena; and any other conditions relating to the service of the sub- poena have been complied with; and you have attained the age of 18 years.
(e) If the subpoena only requires you to produce documents or things, you may comply with the subpoena by producing the documents or things at any registry of an Australian court that is authorised by the law of the Commonwealth of Australia to 35 (d) (c) 30 25 925 8 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 28—continued receive them, not later than 10 days before the date specified in the subpoena for producing them in the High Court of New Zealand.
If you produce the documents or things at a registry of an Australian court, you will be required to produce the sub- poena and to pay the cost of sending the documents or things 5 to the High Court.

You are entitled to have the costs of pro- ducing the documents or things, and of sending them to the High Court, paid or tendered to you before you are required to comply with the subpoena.
Failure to comply with subpoena 9 Failure to comply with the subpoena constitutes contempt of the Federal Court of Australia and is punishable unless you establish that the failure to comply should be excused.

10 Setting subpoena aside 10 You may apply to the High Court of New Zealand to have this 15 subpoena set aside under section 160 of the Evidence Act 2006 of New Zealand.
Section 160 provides that the High Court must set the subpoena aside if— (a) the subpoena requires the witness to attend at a sitting of a court and the High Court is satisfied that— (i) 20 the witness does not have, and cannot by the exercise of reasonable diligence within the time required for compliance obtain, the necessary travel documents; or the witness is liable to be detained in New 25 Zealand for the purpose of serving a sentence; or the witness is liable to prosecution for an offence, or is being prosecuted for an offence, in New Zealand; or the witness is liable to the imposition of a civil 30 penalty in civil proceedings in New Zealand, not being proceedings for a pecuniary penalty under the Commerce Act 1986; or (ii) (iii) (iv) 926 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 28—continued (b) the witness is subject to a restriction on his or her move- ments, imposed by law or by order of a court, that would prevent the witness complying with the subpoena.
Section 160 further provides that the High Court may set a subpoena aside if it is satisfied that— (a) the evidence of the witness could be obtained satis- factorily without significantly greater expense by other means; or compliance with the subpoena would cause hardship or serious inconvenience to the witness; or in the case of a subpoena that requires a witness to pro- duce documents or things, whether or not it also requires the witness to give oral evidence,— (i) the documents or things should not be taken out of Australia; and satisfactory evidence of the contents of the docu- ments or evidence of the things can be given by other means.
(ii) (b) (c) 5 10 15 An application to set the subpoena aside must be filed in the registry of the High Court of New Zealand in which leave to 20 serve the subpoena was given, together with any affidavit set- ting out the facts on which you rely.

The application and the affidavit may be sent by fax or email.

The fax number and email address of the registry of the court are [fax number or email address].
The application must contain an address for service in New Zealand or Australia and may also state a fax number in New Zealand or Australia or email address to which documents re- lating to the application may be sent.

The Registrar of the High Court of New Zealand will arrange 30 for service of the application and any affidavit.
The High Court of New Zealand can decide the application without a hearing if neither you (for example, in the applica- tion) nor the party who requested the issue of the subpoena (for example, in a document filed in response to the application) 35 states that a hearing is required.

If there is to be a hearing, the 25 927 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 28—continued hearing may, if the court thinks fit, be by audio link or audiovi- sual link.
You may, however, either in your application to set the subpoena aside or within a reasonable time after filing the application, request that the court direct that the hearing be by audio link or audiovisual link.

If you make such a request, the 5 court will direct that the hearing be by audio link or audiovi- sual link.
928 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 29 Certificate of non-compliance with subpoena for service in Australia r 9.65 To the Federal Court of Australia at [place] The High Court of New Zealand certifies that on [date] the Hon- 5 ourable Justice [name] gave leave to serve a subpoena, being a sub- poena to which Part 4 of the Evidence Act 2006 of New Zealand applies, on [name of person subpoenaed], and that [name of person subpoenaed] has failed to comply with the subpoena in that [particu- lars of failure to comply].
10 Date: Signature: (Registrar/Deputy Registrar*) Postal address of registry: Telephone: Fax: *Select one.
Sealed: [date]: 15 929 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 30 Application for registration of foreign judgment under Reciprocal Enforcement of Judgments Act 1934 r 23.4(1) In the High Court of New Zealand [Name of registry] Registry No: [number of proceeding] In the matter of the Reciprocal Enforcement of Judgments Act 1934 And In the matter of a judgment of the [name of foreign court] Between [full name] (judgment creditor) And [full name] (judgment debtor) 5 10 To the Registrar This document notifies you that— 1 On [date] at 10 am, the judgment creditor will apply to the 15 court for an order that the judgment be registered under the Reciprocal Enforcement of Judgments Act 1934.
The judgment is attached to the affidavit of [name of person making affidavit, and its date].

Omit this paragraph if the foreign judgment or an authenti- 20 cated copy of it is being filed and is in English.

A translation of the judgment into English is attached to the affidavit of [name of person making affidavit, and its date].

Select the statement that applies.


Statement A The relevant rate of exchange, and the New Zealand currency equivalent of the amount of the judgment calculated at that rate, are set out in the affidavit of [name of person making affidavit, and its date].

Statement B The judgment creditor wants the judgment to be registered in the currency in which it is expressed.
25 30 2 3 4 930 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 30—continued 5 6 7 The rate of interest carried by the judgment by the law of [spe- cify country under whose law it was given] is [specify rate] per cent.
The amount of interest which, by that law, has become due up to the time of this application is [specify amount in New Zealand currency if statement A was chosen for paragraph 4, 5 or in the currency of the country of the judgment if statement B was chosen for that paragraph].

Evidence of the right to register the judgment is contained in the affidavit of [name of person making affidavit, and its date].
Omit this paragraph if there is no relevant Order in Council 10 imposing further evidentiary requirements.

Further evidence required by an Order in Council under sec- tion 3 of the Reciprocal Enforcement of Judgments Act 1934 is contained in the affidavit of [name of person making affi- davit, and its date].

15 Date: Signature: (judgment creditor/solicitor for judgment creditor*) *Select one.
Notes 1 2 3 4 This form should be used if the application is being made with- 20 out notice to the judgment debtor.

Modify it appropriately if it is being made on notice.

The foreign judgment must be verified or certified or otherwise duly authenticated (see rule 23.8 of the High Court Rules).

The affidavit referred to in paragraph 7 must comply with rule 25 23.11 of the High Court Rules.
If only part of the foreign judgment is entitled to registration (see rule 23.13 of the High Court Rules), identify that part.

An affidavit should explain why the remainder is not being registered.
30 931 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 31 Interlocutory application on notice rr 7.19(4), 12.4(4), 25.5 To the Registrar of the High Court at [place] and To [name of party/parties to be served with this application] 5 This document notifies you that— 1 The applicant, [name], will on [date] apply to the court for an order/orders* [specify orders sought, numbering them if more than 1].

*Select one.
*Select one.

2 3 The grounds on which each order is sought are as follows: 10 [specify concisely the grounds on which each order is sought].

The application is made in reliance on [specify any particular provision of an enactment, principle of law, or judicial deci- sion relied on].

Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) 15 *Select one.
932 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 32 Interlocutory application without notice rr 7.19(4), 7.23(1) To the Registrar of the High Court at [place] This document notifies you that— 1 The applicant, [name, place of residence, occupation], applies 5 for an order/orders* [specify orders sought, numbering them if more than 1].

The grounds on which each order is sought are as follows: [specify concisely the grounds on which each order is sought].
The application is made in reliance on [specify any particular 10 provision of an enactment, principle of law, or judicial deci- sion relied on].

2 3 I certify that this application complies with the rules.

* *This certificate may be dispensed with if a Judge so orders under rule 7.23(5).

If dispensation is sought, the reasons for the absence of a lawyer’s certificate must be stated.

Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) 15 *Select one.
[Telephone number] 933 Schedule 1 Judicature Modernisation Bill High Court Rules—continued rr 7.24(3), 12.9(1), 29.11(3) Form G 33 Notice of opposition To the Registrar of the High Court at [place] and To [name of applicant and any other party to be served with this 5 notice] This document notifies you that— 1 The respondent, [name], intends to oppose the interlocutory application by the plaintiff/defendant* dated [date].

*Select one.
*Select one.

2 3 4 The respondent is opposed to the making of the order/the 10 orders numbered [specify numbers] in the application*.

*Select one.

The grounds on which the respondent opposes the making of the order(s) are as follows: [specify grounds concisely].

The respondent relies on [specify any particular provision of an enactment, principle of law, or judicial decision relied on].

15 Date: Signature: (solicitor for respondent/counsel for respondent/respondent*) *Select one.
934 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 34 Interlocutory order To [every party who has given an address for service and any other person affected by the order] 1 The interlocutory application made by [name] on [date] was 5 determined by the Honourable Justice [name] on [date].

For this paragraph select the statements that apply.

rr 7.47(3), 25.5 Statement A The determination was made following a hearing held on [date(s)].
[List names of counsel or solicitors who represented 10 the respective parties at the hearing and state whether any party appeared in person at the hearing.]

Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.

The following order was/orders were* made: [specify orders made, numbering them if more than 1].

*Select one.

2 3 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
935 15 20 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 35 Notice to answer interrogatories r 8.1(3) To [name of party required to answer interrogatories] This document notifies you that— 1 The party giving notice, [name of party giving notice], requires 5 you to answer the interrogatories set out in paragraph 5 of this notice.

The requirement to answer interrogatories is made under rule 8.1 of the High Court Rules.
The interrogatories relate to mat- ters in question in this proceeding between you and the party 10 giving notice.

You must answer the interrogatories within a period of [specify number] working days.

(The period starts on the first working day after you are served with the notice.)

Include this paragraph if verification is required, otherwise 15 omit.

You are also required to verify your answers by affidavit.
The interrogatories that you are required to answer are as fol- lows: [specify interrogatories required to be answered, num- bering them if more than 1].

20 2 3 4 5 Date: Signature: (solicitor/counsel* for party giving notice) *Select one.
936 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 36 Notice to admit facts r 8.14(2) To [name of party required to admit facts] This document notifies you that— 1 The party giving notice, [name of party giving notice], requires 5 you to admit the facts set out in paragraph 4 of this notice.

The admissions are for the purpose of this proceeding only.

The requirement is made under rule 8.14 of the High Court Rules.
If you refuse or neglect to admit the facts within 5 working 10 days after the day on which you are served with this notice, you will have to pay the costs of proving the facts, unless a Judge orders otherwise.

The facts that you are required to admit are as follows: [specify facts party is required to admit, numbering them if more than 15 1.]

2 3 4 Date: Signature: (solicitor/counsel* for party giving notice) *Select one.
937 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 37 Affidavit of documents rr 8.15, 8.16 I, [full name, place of residence, occupation], swear— 1 I am [state which party you are (or the capacity in which you make the affidavit) and your authority to make the affidavit].

I make this affidavit under an order for standard discovery under rule 8.7/under an order for tailored discovery under rule 8.10* on [date] (the discovery order).

*Select one.
*Select one.

5 [Specify the content of the discovery order in terms of para- graph (a), (b), or (c) of rule 8.12(2) and, if paragraph (c) ap- 10 plies, state the obligations imposed by the order.]

I understand the obligations imposed by the discovery order.
In order to fulfil those obligations, I have diligently searched for all documents required to be discovered under the discov- ery order, and I have also taken the following particular steps: 15 [specify steps taken, for example, inquiries made of named persons].

In the Schedule of this affidavit, I list the documents that I am required to discover.

In Part 1 of the Schedule, I list the documents that are in my 20 control and for which I claim neither privilege nor confiden- tiality.
Include this paragraph if it applies, otherwise omit.

In Part 2 of the Schedule, I list the documents that are in my control and for which I claim privilege and state in relation to 25 each document the nature of the privilege that applies.

Include this paragraph if it applies, otherwise omit.

In Part 3 of the Schedule, I list the documents that are in my control and for which I claim confidentiality.
I propose that inspection of these documents be restricted to [name persons] 30 and that the following restrictions apply: [specify proposed restrictions on inspection].

Include this paragraph if it applies, otherwise omit.
In Part 4 of the Schedule, I list documents that are no longer in my control and state when, to the best of my knowledge 35 and belief, each document ceased to be in my control and the 938 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 37—continued 11 12 persons who, to the best of my knowledge and belief, now have control of each document.

Include this paragraph if it applies, otherwise omit.
In Part 5 of the Schedule, I list other documents known to me that have never been in my control but that I know would be 5 discoverable if I had control of them.

To the best of my knowledge and belief, this affidavit is cor- rect in all respects and carries out my obligations under the discovery order.
Sworn at: [place, date] Before me: [name, signature] (a solicitor of the High Court of New Zealand) Schedule Part 1 Documents that are in my control and for which I claim neither privilege nor confidentiality [List and number the documents concerned.]

Part 2 Documents that are in my control and for which I claim privilege [List and number the documents concerned.

State the nature of the privilege claimed for each document or category of document, eg, legal professional privilege.]
Part 3 Documents that are in my control and for which I claim confidentiality [List and number of the documents concerned.

State why each docu- ment or category of document is confidential.]

10 15 20 25 939 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 37—continued Part 4 Documents that are no longer in my control [List the documents concerned.
State, to the best of your knowledge and belief,— (a) when each document or category of document ceased to be in 5 your control; and the persons who now have control of each document.]

(b) Part 5 Documents that have never been in my control [List any documents that you know relate to a matter in question in 10 the proceeding but that are not, and have never been, in your control.

State, to the best of your knowledge and belief, where the documents are.]
940 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 38 Freezing order r 32.6(1) To the respondent [name] 1 For this paragraph select the statement that applies.

Statement A Judgment has been given in favour of the applicant by the court [specify different named court if rule 32.5(3) applies].
5 Statement B The applicant has a good arguable case on an accrued or pro- spective cause of action that is justiciable in the court [specify 10 different named court if rule 32.5(3) applies].

The court has considered the applicant’s application for a freezing order, and has heard [name of applicant or appli- cant’s counsel] in support.
The court is satisfied, having regard to all the circumstances 15 disclosed by affidavit evidence filed in support of the applica- tion, that there is a danger that judgment in favour of the appli- cant will be wholly or partly unsatisfied, because [state reason or reasons as set out in rule 32.5(4)].

This freezing order is made in respect of the following assets: 20 [set out a comprehensive list, with description adequate to identify each asset].
Subject to paragraph 6, this order restrains you from removing any of the assets listed in paragraph 4 from New Zealand, or from disposing of, dealing with, or diminishing the value of, 25 those assets, whether they are in or outside New Zealand.
This freezing order does not prohibit you from dealing with the assets covered by the order for the purpose of— (a) (b) (c) paying ordinary living expenses; or paying legal expenses related to the freezing order; or disposing of assets, or making payments, in the ordinary course of your business, including business expenses incurred in good faith.
30 941 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 38—continued Include this paragraph only if the freezing order was made without notice to the respondent.

As the freezing order has been made without notice to you, it will have no effect after [state the particular date inserted by the court under rule 32.7], unless on that date it is continued 5 or renewed.
On that date you or your counsel are entitled to be heard by the court in opposition to the continuation or renewal of the order.

You may apply to the court by interlocutory application to dis- charge or vary the order.

If you apply, you must give the ap- 10 plicant notice of not less than [specify period fixed under rule 32.8].

Omit this paragraph if no undertaking has been required by the court.

An undertaking as to damages given by the applicant is at- 15 tached.
[State any other special terms that the court has ordered.]
This order does not affect anyone outside New Zealand until it is declared enforceable by a court in the relevant country, (in which case it affects a person only to the extent that it has been 20 declared enforceable) unless the person is— (a) a person to whom this order is addressed, or an officer of that person, or an agent appointed by power of attorney of that person; or a person who— (i) (b) 25 has been given written notice of this order at that person’s residence or place of business within New Zealand; and is able to prevent acts or omissions outside the jurisdiction of this court that constitute, or assist, 30 a breach of this order.
(ii) This order does not prevent, in respect of assets located outside New Zealand, any third party from complying with— (a) what it reasonably believes to be the third party’s obli- gations, contractual or otherwise, under the laws of the 35 country in which those assets are situated or under the 942 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 38—continued (b) proper law of any contract between the third party and the respondent; and any orders of the courts of that country, provided that reasonable notice of any application for such an order is given to the applicant’s solicitors.
5 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
943 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 39 Search order r 33.2(3) To the Respondent [name] 1 This order notifies you that the court is satisfied— (a) (b) (c) the applicant has a strong prima facie case on an accrued 5 cause of action; and the potential or actual loss or damage to the applicant will be serious if this search order is not made; and there is sufficient evidence in relation to you that— (i) (ii) you possess important evidentiary material; and there is a real possibility that you might destroy that material, or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the court.
10 2 3 You are required to permit the persons named or described 15 above paragraph 4 to enter the premises described in paragraph 5 for the purpose of securing or preserving the evidentiary ma- terial listed or described in paragraph 6.

The applicant’s undertaking as to damages is attached.
To the following persons [names or description of persons authorised to enter and search] 4 This order authorises you to search for, inspect, and remove the things listed or described in paragraph 6 and to take any further steps set out in paragraph 7*.

*Omit reference to further steps if none is authorised.

20 The specified premises are: [full address of premises].

The things that may be searched for and inspected or removed are: [set out comprehensive list or description of these things].
Omit this paragraph if the search order does not authorise further steps.

The persons named or described above paragraph 4 may take 30 the following further steps: [list steps].

25 5 6 7 944 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form G 39—continued 8 9 The following independent solicitors are appointed to super- vise the carrying out of this order and to report to the court: [full names and addresses of independent solicitors].
Omit this paragraph if the court has not included this addi- tional power.

The independent solicitors are also authorised to do the fol- lowing things: [specify things].

5 To the Respondent and the persons named or described above paragraph 4 10 On [date fixed under rule 33.6(3)] the court will consider a 10 report on the search from the independent solicitors.

The ap- plicant and the respondent and the independent solicitors are entitled to be heard on that date.
The court will also consider the following: (a) what is to happen to any goods removed from the 15 premises or to any copies that have been made: how the confidentiality to which the respondent is en- titled is to be maintained: any privilege claim: any application by a party: any issue raised by an independent solicitor.

(b) (c) (d) (e) 20 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
945 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form G 40 General court order r 11.6A Complete and insert the heading as set out in form G 1.
Before the Honourable Justice [name, date] After reading [identify relevant court documents] and the affidavit(s) 5 of [full name(s)] and after hearing/on the application of* [name], counsel/solicitor/ on behalf of [†specify party applying for the order], and [name(s)], counsel/solicitor† on behalf of [specify the other party or parties], this court orders (by consent, if appropriate): [specify the order or orders made.

When more than 1 order is made, they must 10 be numbered.]
*Select “on the application of” if no appearance.

†Select one.

Date: Deputy Registrar 946 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form J 1 Judgment by default in case of liquidated demand r 11.6(2) Complete and insert the heading as set out in form G 1.

Because the defendant has not filed a statement of defence in the 5 court, judgment is given that the plaintiff recover $[amount], and $[amount] for costs.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
10 947 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form J 2 Judgment by default in proceeding for recovery of land r 11.6(2) Complete and insert the heading as set out in form G 1.

Because the defendant has not filed a statement of defence in the 5 court, judgment is given that the plaintiff recover possession of the land described in the plaintiff’s statement of claim, and $[amount] for costs.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
10 948 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form J 3 Judgment on trial by Judge r 11.6(2) Complete and insert the heading as set out in form G 1.

This proceeding was heard on [date(s)] at [place] before the Hon- ourable Justice [name], who, having heard from [name], counsel for 5 the plaintiff, and [name], counsel for the defendant, and having heard the evidence adduced, gives judgment that [terms of judgment].

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
10 949 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form J 4 Judgment on trial by jury r 11.6(2) Complete and insert the heading as set out in form G 1.

This proceeding was heard on [date(s)] at [place] before the Hon- ourable Justice [name] and a jury.

Having heard from [name], coun- 5 sel for the plaintiff, and [name], counsel for the defendant, and hav- ing heard the evidence adduced, the jury found that [verdict or find- ing] and judgment is given that [terms of judgment].
Date: Signature: (Registrar/Deputy Registrar*) *Select one.

10 950 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form E 1 Notice to liable party r 17.10 To [name of liable party] This document notifies you that— 1 10 costs disbursements witnesses’ expenses].
Judgment has been given against you in the High Court at 5 [place] for $[amount], and for [specify amount for whichever of the following apply: • • • The entitled party, [name], is entitled to enforce payment of these amounts against you.

The entitled party requires you to serve the statement in the attached form E 2 on the entitled party within 10 working days after the date on which you are served with this notice.
You may be required to attend court to be orally examined about any of the following and other necessary issues: (a) (b) (c) (d) If you pay the amount(s) stated in paragraph 1 within 10 work- ing days after the date on which you are served with this no- tice,— (a) (b) your receipts and payments for the preceding 52 weeks: your assets and liabilities: your income and expenditure: your means of satisfying the judgment.
you do not need to complete the attached form E 2; and 25 you do not need to attend court to be orally examined.

15 20 2 3 4 5 Date: Signature: (entitled party/solicitor for entitled party*) *Select one.

951 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form E 1—continued Notes Advice 1 If you require help in completing the attached statement, con- sult your lawyer or seek help from a Citizens’ Advice Bureau, Community Law Centre, or other community service.
5 Registry hours 2 The registry hours of the court are from 9 am to 5 pm, except on court holidays.

952 Judicature Modernisation Bill Schedule 1 High Court Rules—continued r 17.10 Form E 2 Statement of means of liable party I, [full name, place of residence, occupation], the liable party, state— The 52 weeks immediately preceding the date of this statement 1 started on [date] and end on [date, which must be not later than 5 date of statement] (the 52 weeks).
My income for the 52 weeks was as follows: Specify income for each item in the following table—if no in- come, specify “Nil”.
2 Item (a) (b) (c) (d) (e) (f) (g) (h) (i) Particulars salary, wages, or other personal earnings Amount ($) gross income from business, shop, farm, or sale of produce* amount received from boarders (including chil- dren over 16 years of age) boarders at $[rate] per week boarders at $[rate] per week allowances from relatives and other persons (in- cluding board and lodging received in return for services rendered) gross rents from property (including rooms let) compensation or damages received (including payments from the Accident Compensation Cor- poration) superannuation, pension, or benefit (including overseas income) dividends and interest all other sources of income [specify] Total income in the 52 weeks: *Attach the latest statement of financial position and statement of financial performance.
3 The employers and other persons from whom I received the in- 10 come specified in paragraph 2 (other than that specified under item (b)) are as follows: 953 Schedule 1 Judicature Modernisation Bill Amount ($) High Court Rules—continued Form E 2—continued Item in paragraph 2 (a) (b) (c) (d) (e) (f) (g) (h) Name and address [employers] [boarders] [relatives and other persons] [tenants] [persons who paid compensation or damages] [persons who paid superannuation, pension, or benefit] [persons who paid dividends and interest] [persons who paid other income] 4 My expenses for the 52 weeks were as follows: Specify expenses for each item in the following table—if no expenses, specify “Nil”.
Item (a) Particulars income tax Amount ($) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) 954 insurance and superannuation medical and hospital benefits rent rates mortgage payments repairs on home food and household supplies electricity, gas, and fuel telephone laundry and cleaning clothing child maintenance, care, and education maintenance for previous partner entertainment fares car maintenance, running, and registration hire purchase payments Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form E 2—continued Item (s) Particulars other expenses [specify] Amount ($) Total expenses in the 52 weeks: Separate income, for the 52 weeks, of members of your house- hold whose expenses are included was as follows: Full name Age Relationship Details of separate income ($) The persons to whom I paid rent (the amount set out in item (d) of paragraph 4) were as follows: Full name Address Amount ($) The persons to whom I paid mortgage payments (the amount 5 set out in item (f) of paragraph 4) were as follows: Full name Address Amount ($) The persons to whom I paid hire purchase instalments (the amount set out in item (r) of paragraph 4) were as follows: Full name Address Amount ($) My assets (both in New Zealand and elsewhere) are as follows: Item Particulars (a) land and buildings: [address and capital value] money in bank accounts: [specify banks and account numbers] money not in bank or invested: money lent or in the hands of any person: [name and address] government
 stock, shares, debentures, or bonds: [specify details] plant and machinery: [specify details] livestock: [specify details] interest in business, stock in trade, or ven- ture of any kind: [specify details] motor vehicles: [specify details] (b) (c) (d) (e) (f) (g) (h) (i) Amount ($) 955 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form E 2—continued Item Particulars (j) any other property or assets not speci- fied above, including interest in any estate: [specify details] Total assets:
 Amount ($) 10 11 12 13 The property specified in items [specify] of paragraph 9 of this statement is mortgaged, or otherwise secured to [full name, address], for the sum of $[amount].
Assets sold or otherwise disposed of by me at any time in the 52 weeks are as follows: 5 Descrip- tion of as- set Names and addresses of persons to whom properties given, sold, or otherwise disposed of Dates of disposal Amounts received) ($) Debts owed by me that are secured by mortgage or charge are as follows: $[amount].
The persons to whom the debts specified in paragraph 12 are owed, and the items specified in paragraph 9 on which the debts are secured, are as follows: 10 Name Address Item Amo- unt ($) 14 My unsecured debts are as follows: $[amount].

15 The persons to whom the debts specified in paragraph 14 are owed are as follows: Name Address Amount of debt ($) The liabilities that I expect I will be obliged to meet within the 6-month period beginning on the date of this statement are as 15 follows: $[amount].
The persons to whom I expect to be obliged to pay money dur- ing the 6-month period beginning on the date of this statement in discharge of liabilities specified in paragraph 16 are as fol- lows: 20 Name Address Nature of liability Amount ($) 16 17 956 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form E 2—continued I certify that the particulars given in this statement are correct.

I am aware that I may be called on to verify those particulars in court.
Date: Signature: (liable party) 5 957 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form E 3 Attachment order Before the Honourable Justice [name, date] r 17.33(3) To [employer’s name, address] 1 This court is satisfied that you are the employer of [liable 5 party’s name, address] (the liable party).

On [date] in the High Court at [place], judgment was given against the liable party for $[amount] (including costs).
The liable party has not paid this amount and, after examining the liable party’s means, the court makes this attachment order.

10 The court orders that while this order is in force, whenever any salary or wages become payable to the liable party, you must deduct from it the amount of $[amount] for each week.
However, if in any week the deduction would reduce the net earnings paid to the liable party below the protected earnings 15 rate of $[amount] per week, you must adjust the amount of the deduction so that the liable party receives the protected earnings rate.

The first deduction is to be made on the payday following the date on which you receive this order.

A deduction is to be 20 made on every subsequent payday until [date] or until the total amount payable shown in paragraph 8 has been paid.
The money deducted is to be paid to [name, address] by the 20th day of the month after the month in which the deduction was made.
You are not required to make deductions for more than the total amount payable shown below— 25 Particulars Whole/portion* of judgment debt sought by this order Amount ($) Court fees and solicitor’s costs Costs and expenses of this order Total amount payable 958 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form E 3—continued *Select depending on whether enforcement is sought for less than the full amount for which judgment was sealed.
If less than the full amount, add the following words: “(less than the full amount of the judgment debt)”.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Notes Please see High Court Rules 17.31 to 17.39 for the rules 5 about this order.

Those rules define the terms “employer” and “salary or wages”.

If you do not make payments as required, you can be sued for the amount owing.

You may also be convicted of an offence under the Summary Offences Act 1981 and fined up to $1,000.
10 You must notify the Registrar of the High Court within 7 days if the debtor leaves or is dismissed from your employment.

If you need to reduce the amount of any deduction from the liable party’s salary or wages in order to leave the liable party with the protected earnings rate, you should notify the Regis- 15 trar of the High Court immediately.

If in doubt about your obligations under this order, you should consult a solicitor or the Registrar at the High Court immedi- ately.
The registry hours of the High Court are from 9 am to 5 pm, 20 except on court holidays.

959 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form E 4 Charging order on land r 17.40(2) *Before the Honourable Justice [name, date] *Omit if order is issued as of right.
To [name of liable party] This court orders that your estate, right, title, or interest in possession, 5 remainder, reversion, or expectancy (whether vested or contingent) in [land description] is charged with payment of the amount for which the entitled party, [name], may obtain/has obtained* judgment.

The amount charged is $[amount]†.

*Select one.

†If this order seeks less than the full amount for which judgment was sealed, add the following words: “(less than the full amount of the judgment debt)”.
Date: Signature: (Registrar/Deputy Registrar*) *Select one.

10 960 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form E 5 Interim charging order Omit the following words if the order is issued as of right without judicial order.
Before the Honourable Justice [name, date] r 17.40(2) 5 To [name of liable party] This court orders that until it discharges or finalises this order, your estate, right, title, or interest in [property description] is charged with payment of the amount for which the entitled party, [name], may obtain/has obtained* judgment.

The amount charged is $[amount]†.

10 *Select one.


†If this order seeks less than the full amount for which judgment was sealed, add the following words: “(less than the full amount of the judgment debt)”.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
961 Schedule 1 Judicature Modernisation Bill High Court Rules—continued r 17.40(2) Form E 6 Final charging order Before the Honourable Justice [name, date] To [name of liable party] This court orders that your estate, right, title, or interest in [property 5 description] be charged with payment of the amount for which the entitled party, [name], has obtained judgment and $[amount], being the costs and disbursements incurred in obtaining this order.

The total amount charged is $[amount]*.


*If this order seeks less than the full amount for which judgment was sealed, add the following words: “(less than the full amount of the judgment debt is being charged by this order)”.
Date: Signature: (Deputy Registrar) 10 962 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form E 7 Sale order r 17.62(4) To the Sheriff at [place] 1 This court authorises and requires you or your authorised agent to seize all the land and chattels (which include money, 5 cheques, bills of exchange, promissory notes, bonds, and other securities for money) of [name] (the liable party) except— (a) necessary tools of trade to a value not exceeding $5,000; and necessary household furniture and effects to a value not 10 exceeding $10,000 (including the clothes belonging to the liable party (and his or her family)).
(b) 2 If money seized is not enough, you are authorised and required to obtain more money and deal with it in accordance with rules 17.62 to 17.79 of the High Court Rules.
You are authorised 15 and required to obtain more money by— receiving and recovering— (a) (i) the money payable to you under any cheques, bills of exchange, and promissory notes; or (ii) money secured by bonds or other securities for 20 money; and (b) (c) selling the liable party’s seized chattels; and selling the liable party’s estate, right, title, or interest in any land (whether it is in possession, remainder, rever- sion, or expectancy).
25 Note The money seized will not be enough if it— (a) (b) (c) cannot discharge any claims that by law are entitled to be paid in priority to the entitled party’s claim; and cannot pay the costs and expenses of executing this order; and 30 is not— (i) the whole/portion* of the judgment debt sought by this order of $[amount]; and interest at the rate for the time being defined in section 452(2) of the Judicature Modernisation Act 2013 35 or at a different rate fixed by the court; and (ii) 963 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form E 7—continued (iii) subsequent costs/disbursements† of $[amount].
*Select depending on whether enforcement is sought for less than the full amount for which judgment was sealed.

If less than the full amount, add the following words: “(, which is less than the full amount of the judgment debt)”.

†Select one.

Date: Deputy Registrar 964 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form E 8 Possession order r 17.80(3) To the Sheriff at [place] Note: In this possession order, liable party means [name of liable party].
1 This court orders that you are authorised and required to take possession for [name of entitled party] (the entitled party) of— 5 Select the statement(s) that apply.

Statement A the liable party’s land [land description(s)], ejecting others 10 from the land as necessary.

Statement B the liable party’s chattels [list chattels], seizing the chattels as necessary.
This court further orders that you are authorised to deliver pos- 15 session of any land or chattels received under this possession order to the entitled party.

2 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
20 965 5 10 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form E 9 Arrest order r 17.83(2) Before the Honourable Justice [name, date] To the Sheriff at [place] This court orders that you are authorised and required to— (a) (b) arrest [name of liable party] (the liable party); and bring the liable party before this court at [place, date, time]; and keep the liable party in prison until that time.

(c) Date: Signature: (Registrar/Deputy Registrar*) *Select one.
966 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form E 10 Sequestration order Before the Honourable Justice [name, date] r 17.86(3) To the Sheriff at [place] This court orders that you are appointed sequestrator and authorised 5 and required to enter and take possession of all the land and chattels of [name of liable party] (the liable party).
The sequestrator must obtain the rents and profits from the property until— (a) the liable party clears that party’s contempt of court in the way specified in the original court order made at [place, date]; or the court orders otherwise.

(b) 10 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
967 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form E 11 Order to arrest and imprison absconding debtor r 17.89(1) Before the Honourable Justice [name, date] To the Sheriff at [place] 1 This court orders that you are authorised and required to arrest 5 [name of liable party] (the liable party) within 1 month of the date of this order and imprison the liable party at [place] for [period of time] unless and until— (a) the liable party deposits in the court $[amount] by way of security; or the liable party gives [name of plaintiff] (the plaintiff) a bond executed by that party and 2 sufficient sureties of $[amount] or some other security satisfactory to the plaintiff.
(b) 10 2 The security is to be held on the basis that it is forfeit to the 15 plaintiff if the liable party leaves New Zealand without the leave of the court.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
20 968 5 10 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form E 12 Order to arrest and imprison absconding debtor (in civil proceedings for penalty) when necessary to prove material prejudice r 17.89(1) Before the Honourable Justice [name, date] To the Sheriff at [place] 1 This court orders that you are authorised and required to arrest [name of liable party] (the liable party) within 1 month of the date of this order and imprison the liable party at [place] for [period of time] unless and until— (a) the liable party deposits in the court $[amount] by way of security; or the liable party gives [name of plaintiff] (the plaintiff) a bond executed by the liable party and 2 sufficient sureties of $[amount] or some other security satisfac- 15 tory to the plaintiff.
(b) 2 The security is to be held on the basis that if the liable party does not pay the plaintiff the amount that the plaintiff becomes entitled to claim from the liable party in these proceedings,— (a) (b) the security is forfeit to the plaintiff; and the liable party must go to prison (unless the court orders otherwise).

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
20 25 969 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 1 Affidavit for obtaining grant of probate r 27.4 In the High Court of New Zealand [Name of registry] Registry No: [number of proceeding] In the estate of [full name, place, occupation] (deceased) I/We*, [full name, place of residence, occupation], swear/severally swear/solemnly and sincerely affirm/severally solemnly and sin- cerely affirm*— 5 *Select one.
1 2 The deceased, [name as on cover sheet], whom I/we* knew, 10 died at [place, country] on or about [date].

*Select one.

For this paragraph select the first of the following statements that applies.

Statement A I was/We were* present when the deceased died.

15 *Select one.

Statement B I/We* attended the deceased’s funeral.

*Select one.

Statement C I/We* saw the deceased’s dead body.

*Select one.
*Select one.

Statement D The deceased is the person named [full name] in the death cer- tificate/certified copy of the death certificate* that is attached and marked “A”.

20 *Select one.
20 *Select one.

If the applicant or applicants for the grant did not know the deceased and does or do not know about the deceased’s death 25 personally, replace paragraphs 1 and 2 with an affidavit in 970 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 1—continued 3 4 5 6 the form of those paragraphs made by a person or persons who knew the deceased or knows or know about the deceased’s death personally.

When the deceased died, he/she* resided at [place, country].

*Select one.
*Select one.

Deleted I/We* believe the document dated [date] and marked “[spe- cify]” now produced and shown to me/us* is the deceased’s last will.

5 *Select one.

Include this paragraph only if the deceased made a document (including a codicil) changing the will.

If more than 1 codicil 10 was made, amend this paragraph by referring to each of them as the “first codicil” or the “second codicil”, etc.

The deceased made a document/codicil* changing the will re- ferred to in paragraph 5.
I/We* believe the document dated [date] and marked “[specify]” now produced and shown to 15 me/us* is that document/codicil*.

*Select one.

7 For this paragraph select the statement that applies.

Statement A I am the executor/We are the executors* named in the will.

*Select one.

Statement B I am/We are* the surviving/substituted* executor/executors* named in the will.

20 *Select one.

Statement C I am the/I am an/We are the/We are some of the* executor/ex- ecutors* of the will according to its tenor.
25 *Select one.

971 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 1—continued 8 Include this paragraph only if it applies.

Select the statement that applies.

Statement A The deceased’s will was made on or after 1 November 2007.

I am the deceased’s surviving spouse/surviving civil union part- 5 ner*.
When the deceased died, no order, decree, or enactment was in force between the deceased and myself providing for our separation or the dissolution of our marriage/civil union*.

*Select one.

Statement B The deceased’s will was made before 1 November 2007.

I am 10 the deceased’s surviving spouse.

When the deceased died, no order, decree, or enactment was in force between the deceased and myself providing for the dissolution of our marriage.
Statement C The deceased’s will was made on or after 1 November 2007.

I 15 am the deceased’s former spouse/former civil union partner*.

When the deceased died, a [state details of order, decree, or enactment in force between the parties providing for their sep- aration or the dissolution of their marriage or civil union] was in force.

However, my appointment as executor is not void 20 under section 19 of the Wills Act 2007 because [state why].

*Select one.
*Select one.

Statement D I The deceased’s will was made before 1 November 2007. am the deceased’s former spouse.

When the deceased died, a [state details of order, decree, or enactment in force between 25 the parties providing for the dissolution of their marriage] was in force.

However, my appointment as executor is not void under section 19, as modified by section 40(2)(q), of the Wills Act 2007 because [state why].

Include this paragraph only if it applies.

Select the statement 30 that applies.


9 972 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 1—continued Statement A [Full name], the other executor named in the will, died at [place, country] on or about [date].

Statement B [Full name], the other executor named in the will, renounced 5 probate of the will by the renunciation document dated [date] that is attached and marked “[specify]”.

Statement C The deceased’s will was made on or after 1 November 2007.
[Full name], the other executor named in the will, is the de- 10 ceased’s former spouse/former civil union partner*.

Section 19 of the Wills Act 2007 makes the appointment void.

The relevant document in force when the deceased died was [state details of order, decree, or enactment in force between the par- ties providing for their separation or the dissolution of their 15 marriage or civil union].

A certified/sealed* copy of the docu- ment is attached and marked “[specify]”.

*Select one.
*Select one.

Statement D The deceased’s will was made before 1 November 2007.

[Full name], the other executor named in the will, is the deceased’s 20 former spouse.

Section 19, as modified by section 40(2)(q), of the Wills Act 2007 makes the appointment void.

The rele- vant document in force when the deceased died was [state de- tails of order, decree, or enactment in force between the par- ties providing for the dissolution of their marriage].
A cer- 25 tified/sealed* copy of the document is attached and marked “[specify]”.

*Select one.

973 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 1—continued Statement E [Full name], the other executor named in the will, does not join in the application because he/she* is incapable of acting as an executor because [state why].

*Select one.

Statement F [Full name], the other executor named in the will, does not join in the application because he/she* is overseas at present.
His/her* current address is [address].

I/We* gave notice to him/her* of his/her* appointment as executor under the will and of my/our* intention to make the application.

A copy of 10 the notice/An acknowledgment of the notice* is attached and marked “[specify]”.

5 *Select one.
5 *Select one.

Statement G [Full name], the other executor named in the will, does not join in the application because he/she* is 19 years old and is not, 15 and never has been, married and is not, and never has been, in a civil union/is 18 years old and is not, and never has been, married and is not, and never has been, in a civil union/is not yet 18 years old*.

He/she* was born on [date].

*Select one.


Statement H [If the applicant(s) are the executor(s) according to the tenor of the will, state the facts proving this.]

If you selected statement A for paragraph 9, for this paragraph select the first of the following statements that applies, other- wise omit this paragraph.

20 25 Statement A I was/We were* present when the other executor died.

*Select one.
*Select one.

10 974 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 1—continued Statement B I/We* attended the other executor’s funeral.

*Select one.

Statement C I/We* saw the other executor’s dead body.

*Select one.

11 5 Statement D The other executor is the person named [full name] in the death certificate that is attached and marked “[specify]”.
I/We* will faithfully execute the will (including any docu- ment/codicil* changing the will) of which probate is granted in accordance with the law.
If the court requires me/us* to, 10 I/we* will file in the court and verify by affidavit— (a) (b) an accurate inventory of the deceased’s estate; and an account of the deceased’s estate that— (i) (ii) is accurate; and states the dates and details of all receipts and dis- 15 bursements; and states which of the receipts and disbursements were on capital account and which were on rev- enue account.

(iii) *Select one.

†Include words in the brackets only where such a document or codicil exists.
Severally sworn/affirmed* by both persons/by all of the persons* named above at [place, date] or Sworn/Affirmed* at [place, date] before me: 20 *Select one.

[print name] 25 975 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 1—continued (A solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace) *Select one.
976 Judicature Modernisation Bill Schedule 1 High Court Rules—continued r 27.4 Form PR 2 Affidavit for obtaining grant of letters of administration with will annexed The cover sheet for this form should have the same heading as that set out in form PR 1.

No: [number of proceeding] In the estate of [full name, place, occupation] (deceased) I/We*, [full name, place of residence, occupation], swear/severally swear/solemnly and sincerely affirm/severally solemnly and sin- cerely affirm*— *Select one.
1 2 The deceased, [name as on cover sheet], whom I/we* knew, died at [place, country] on or about [date].

Select one.

For this paragraph select the first of the following statements that applies.

Statement A I was/We were* present when the deceased died.

*Select one.

Statement B I/We* attended the deceased’s funeral.

*Select one.

Statement C I/We* saw the deceased’s dead body.

*Select one.
*Select one.

5 10 15 20 Statement D The deceased is the person named [full name] in the death cer- tificate/certified copy of the death certificate* that is attached and marked “A”.

*Select one.
*Select one.

If the applicant or applicants for the grant did not know the 25 deceased and does or do not know about the deceased’s death 977 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 2—continued 3 4 5 6 personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased and know(s) about the deceased’s death personally.

When the deceased died, he/she* resided at [place, country].

5 *Select one.
5 *Select one.

Deleted I/We* believe the document dated [date] and marked “[spe- cify]” now produced and shown to me/us* is the deceased’s last will.

*Select one.

Include this paragraph only if the deceased made a document 10 (including a codicil) changing the will.

If more than 1 codicil was made, amend this paragraph by referring to each of them, as the “first codicil” or “second codicil”, etc.

The deceased made a document/codicil* changing the will re- ferred to in paragraph 5.
I/We* believe the document dated 15 [date] and marked “[specify]” now produced and shown to me/us* is that document/codicil*.

*Select one.

7 For this paragraph select the statement that applies.

Statement A No executor is named in the will.

20 Statement B [Full name], the sole executor named in the will, died at [place, country] on or about [date].
Statement C [Full name], the sole executor named in the will, renounced 25 probate of the will by the renunciation document dated [date] that is attached and marked “[specify]”.

Statement D The deceased’s will was made on or after 1 November 2007.

[Full name], the sole executor named in the will, is the de- 30 978 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 2—continued ceased’s former spouse/former civil union partner*.
Section 19 of the Wills Act 2007 makes the appointment void.

The relevant document in force when the deceased died was [state details of order, decree, or enactment in force between the par- ties providing for their separation or the dissolution of their 5 marriage or civil union].

A certified/sealed* copy of the docu- ment is attached and marked “[specify]”.

*Select one.

Statement E The deceased’s will was made before 1 November 2007.
[Full name], the sole executor named in the will, is the deceased’s 10 former spouse.

Section 19, as modified by section 40(2)(q), of the Wills Act 2007 makes the appointment void.

The rele- vant document in force when the deceased died was [state de- tails of order, decree, or enactment in force between the par- ties providing for the dissolution of their marriage].

A cer- 15 tified/sealed* copy of the document is attached and marked “[specify]”.

*Select one.
*Select one.

Statement F [Full name], the sole executor named in the will, is incapable of acting as an executor because [state why].

20 Statement G [Full name], the sole executor named in the will, is 19 years old and is not, and never has been, married and is not, and never has been, in a civil union/is 18 years old and is not, and never has been, married and is not, and never has been, in a civil 25 union/is not yet 18 years old*.

He/she* was born on [date].

*Select one.


Statement H [Full name], an executor named in the will, is an executor to whom section 19 of the Administration Act 1969 applies.

No one entitled to apply for an order nisi under that section has 30 done so within 4 months after the will-maker’s death.
979 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 2—continued 8 If you selected statement B for paragraph 7, for this paragraph select the first of the following statements that applies, other- wise omit this paragraph.

Statement A I was/We were* present when the sole executor died.

5 *Select one.

Statement B I/We* attended the sole executor’s funeral.

*Select one.

Statement C I/We* saw the sole executor’s dead body.

*Select one.
*Select one.

Statement D The sole executor is the person named [full name] in the death certificate attached and marked “[specify]”.

I am/We are* [state facts showing applicant’s or applicants’ right to the grant in terms of rules 27.26 and 27.27 or 27.28.

Attach any consent given by any other person whose priority 15 is higher than, or equal to, that of the applicant or applicants].

10 *Select one.

Omit this paragraph if it does not apply.


No child of the deceased died before the deceased leaving issue entitled to share under the will.

Include this paragraph if there are other children of the de- 20 ceased who are beneficiaries in the will but not applicants.
Otherwise, state “The deceased was not survived by any other children.” In addition to myself, the deceased was survived by the fol- lowing children, all of whom (except when otherwise stated) 25 are adult: [state full names and places of residence] 9 10 11 980 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 2—continued 12 The consent of [name] and [name], the other children of the de- ceased and beneficiaries referred to in clause(s) [clause num- ber(s)] of the will to my/our* application, are attached and marked “[specify]” and “[specify]”.
*Select one.

5 Omit this paragraph if it does not apply.

I am the deceased’s surviving spouse/surviving civil union partner/surviving de facto partner/former spouse/former civil union partner/former de facto partner*.

I am still a beneficiary under the will.


I have not ceased to be a beneficiary under the will under sec- 10 tion 19 of the Wills Act 2007 [if the will was made on or after 1 November 2007]/section 19, as modified by section 40(2)(q), of the Wills Act 2007 [if the will was made before 1 November 2007]*.

I have not ceased to be a beneficiary under the will under sec- 15 tion 61 of the Property (Relationships) Act 1976.

I chose op- tion B under section 61.


I lodged a notice of choice of option under section 65(2)(c) in this court on [date].

A copy is at- tached and marked “[specify]”.

*Select one.

Omit paragraphs 13 and 14 when a trustee corporation within the 20 meaning of section 2 of the Administration Act 1969 applies for the grant, either alone or jointly with another person.

13 For this paragraph select the statement that applies.
Statement A I/We* have made reasonable inquiries for the purposes of sec- 25 tion 5A(1)(a) of the Status of Children Act 1969 as to the exis- tence of a parent or child of the deceased, in addition to those already known to me/us* who could claim an interest in the deceased’s estate/part of the deceased’s estate* only because of the Status of Children Act 1969 and the deceased’s will.
30 The inquiries included those required by section 5A(2) of the 981 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 2—continued Status of Children Act 1969.

The nature of the inquiries was [specify].

*Select one.

Statement B Making the inquiries specified in section 5A(1)(a) of the Sta- tus of Children Act 1969 would unduly delay a grant of ad- 5 ministration because [state why].
Statement C Getting in or preserving the assets of the deceased’s estate re- quires the making of an immediate grant of administration be- cause [state why].

10 Statement D No useful purpose would be served by making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 because [state why].

If you selected statement A for paragraph 13, for this para- 15 graph select the statement that applies, otherwise omit this paragraph.
Statement A The result of my/our* inquiries was that I/we* did not discover any such parent or child.

20 *Select one.

Statement B The result of my/our* inquiries was that I/we* discovered [full name(s) and the relationship of those discovered].

*Select one.

Include the following paragraph where those discovered are children.
The person/Those* discovered is/are* aged [specify ages], be- ing a child/children* to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

25 *Select one.

14 15 982 16 17 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 2—continued To the best of my/our* knowledge, information, and belief, the gross value of the deceased’s estate does not exceed $[amount].

*Select one.
*Select one.

I/We* will faithfully execute the will (including any docu- ment/codicil* changing the will) annexed to the letters of ad- 5 ministration in accordance with the law.
If the court requires me/us* to, I/we* will file in the court and verify by affidavit— an accurate inventory of the deceased’s estate; and (a) an account of the deceased’s estate that— (b) (i) (ii) is accurate; and states the dates and details of all receipts and dis- bursements; and states which of the receipts and disbursements were on capital account and which were on rev- enue account.

(iii) *Select one.

The words in the brackets should be included only where such a document or codicil exists.
Severally sworn/affirmed* by both persons/by all of the persons* named above at [place, date] or Sworn/Affirmed* at [place, date] Before me: *Select one.

[print name] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace) 25 *Select one.
983 10 15 20 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 3 Affidavit for obtaining grant of administration on intestacy to surviving spouse, civil union partner, or de facto partner r 27.4 The cover sheet for this form should have the same heading as that 5 set out in form PR 1.

No: [number of proceeding] In the estate of [full name, place, occupation] (deceased) I, [full name, place of residence, occupation], swear/solemnly and sincerely affirm*— 10 *Select one.
1 2 The deceased, [name as on cover sheet], whom I/we* knew, died at [place, country] on or about [date].

*Select one.

For this paragraph select the first of the following statements that applies.

Statement A I was present when the deceased died.

Statement B I attended the deceased’s funeral.

Statement C I saw the deceased’s dead body.

15 20 Statement D The deceased is the person named [full name] in the death cer- tificate/certified copy of the death certificate* that is attached and marked “A”.
*Select one.

If the applicant or applicants for the grant did not know the 25 deceased and does or do not know about the deceased’s death personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased and knows or know about the deceased’s death personally.

At the time of death the deceased resided at [place, country].
30 3 984 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 3—continued 4 5 6 Deleted I have made full inquiries and searches for a will made by the deceased.

I am satisfied that the deceased died without leaving a will and was wholly intestate.

For this paragraph select the statement that applies.

5 Statement A I am the surviving spouse/civil union partner* of the deceased.

I am entitled to succeed on the intestacy.
My beneficial interest in the estate is not affected— (a) [in the case of a surviving spouse] by section 12(2) of 10 the Matrimonial Proceedings Act 1963 (as applied by section 191(3) of the Family Proceedings Act 1980); or [in the case of a surviving spouse or surviving civil union partner] by section 26(1) of the Family Proceed- ings Act 1980; or [in every case] by the choice I have made between op- tion A and option B, under section 61 of the Property (Relationships) Act 1976, because I have chosen option B and I lodged a notice of choice of option in accord- ance with section 65(2)(c) of that Act in this court on 20 [date].
A copy is attached and marked “[specify]”.

15 (b) (c) *Select one.

985 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 3—continued Statement B (a) I am the surviving de facto partner of the deceased.

I am entitled to succeed on the intestacy.


My beneficial interest in the estate is not affected by the choice I have made between option A and option B, under section 61 of the Property (Relationships) Act 1976, because I have chosen option B and I lodged a notice of choice of option in accordance with section 65(2)(c) of that Act in this court on [date].

A copy is attached and marked “[specify]”.


My interest is not affected by section 77B of the Ad- ministration Act 1969 (which negates the beneficial in- terest of a surviving de facto partner to a relationship of short duration in some circumstances [if you claim that section 77B(2) applies, state the facts supporting your claim].

(b) 7 For this paragraph select the statement that applies.

Statement A The deceased was not survived by a de facto partner entitled to succeed on the intestacy.
Statement B The deceased was not survived by a husband/wife*, or by a civil union partner or by another de facto partner, entitled to succeed on the intestacy.

5 *Select one.

Statement C The deceased was also survived by a husband/wife/civil union 10 partner/1 or more other de facto partners* entitled to succeed on the intestacy, namely: [list full name(s) and places of resi- dence].

*Select one.
*Select one.

986 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 3—continued 8 If you selected statement C for paragraph 7, for this para- graph select the statement(s) that apply, otherwise omit this paragraph.

Statement A On [date], I gave written notice to [full names], the survivors of 5 the deceased who are named in the preceding paragraph, that I intended to apply to this court for letters of administration of the estate.
Statement B Of the survivors of the deceased who are named in the preced- 10 ing paragraph, [number of survivors], namely, [full names and country of residence for each], reside beyond the jurisdiction of the court.

Statement C I attach to this affidavit the consents, marked “specify”, of [full 15 names], survivors of the deceased who are named in paragraph 7, to letters of administration of the deceased’s estate being granted to me.

For this paragraph select the statement that applies.
9 20 Statement A The deceased was not survived by a child— who was born to the deceased; or (a) (b) who was adopted by the deceased; or Omit paragraphs (c) and (d) if the deceased was female.

(c) in respect of whom the deceased had admitted paternity; 25 or in respect of whom the deceased was adjudged, before or after his death, to be the father.
(d) Statement B The deceased was survived by the following children, all of 30 whom, except where otherwise shown, are adult: [list full names, places of residence, and occupations of the children of the deceased and, in the case of any child who is a minor, the child’s age].

987 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 3—continued 10 11 Include this paragraph if you selected statement B for para- graph 9, otherwise omit.
The children named in paragraph [number] are children to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or ap- 5 plies.

Include this paragraph if you selected statement B for para- graph 9, otherwise omit.

The deceased was not survived by any other child— (a) (b) who was adopted by the deceased; or Omit paragraphs (c) and (d) if the deceased was female.
(c) who was born to the deceased; or in respect of whom the deceased had admitted paternity; or in respect of whom the deceased was adjudged, before 15 or after his death, to be the father.

(d) 10 12 For this paragraph select the statement that applies.
Statement A I have made reasonable inquiries for the purposes of the Status of Children Act 1969 as to the existence of a parent or child of 20 the deceased (in addition to those already known to me) who could claim an interest in the estate by reason only of that Act and the enactments governing the distribution of intestate es- tates.

Those inquiries, which included those required by sec- tion 5A(2) of the Status of Children Act 1969, consisted of 25 [specify].
Statement B Making the inquiries specified in section 5A(1)(a) of the Sta- tus of Children Act 1969 would unduly delay a grant of ad- ministration because [state why].

30 Statement C The getting in or preservation of the assets of the estate of the deceased requires the making of an immediate grant of administration because [state why].
988 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 3—continued Statement D No useful purpose would be served by making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 because [state why].

If you selected statement A for paragraph 12, for this para- 5 graph select the statement that applies, otherwise omit this paragraph.

Statement A The result of my inquiries was that I did not discover any such parent or child.
Attached and marked “[specify]” is a certifi- 10 cate from the office of the Registrar-General confirming the absence of a record of any such parent or child.

Statement B The result of my inquiries was that I discovered [full names and relationship of those discovered].

Include the following paragraph where those discovered are children.
The person/Those* discovered is/are* aged [specify ages] be- ing a child/children* to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 20 1969 is relevant or applies.

*Select one.

15 To the best of my knowledge, information, and belief, the gross value of the estate left by the deceased does not exceed $[amount].
I will faithfully administer the estate in accordance with the 25 law, and will, if required by the court, file in the court and verify by affidavit— (a) a true and complete inventory of the deceased’s estate; and a true and complete account of the deceased’s estate— 30 setting out the dates and particulars of all receipts (i) and disbursements; and (b) 13 14 15 16 989 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 3—continued (ii) showing, in my opinion, which of the receipts and disbursements are on account of capital and which are on account of income.
Sworn/Affirmed* at [place, date] Before me: *Select one.

5 [print name] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace) *Select one.

990 Judicature Modernisation Bill Schedule 1 High Court Rules—continued r 27.4 Form PR 4 Affidavit for obtaining grant of administration on intestacy to daughter or son of deceased The cover sheet for this form should have the same heading as that set out in form PR 1.
No: [number of proceeding] In the estate of [full name, place, occupation] (deceased) I, [full name, place of residence, occupation], swear/solemnly and sincerely affirm*— 5 *Select one.

Note: This form must be appropriately modified if more than 1 10 daughter or son is applying.

1 The deceased, [name as on cover sheet], whom I/we* knew, died at [place, country] on or about [date].

2 3 *Select one.

For this paragraph select the first of the following statements that applies.
Statement A I was present when the deceased died.

Statement B I attended the deceased’s funeral.

Statement C I saw the deceased’s dead body.

Statement D The deceased is the person named [full name] in the death cer- tificate/certified copy of the death certificate* that is attached and marked “A”.

*Select one.
*Select one.

If the applicant or applicants for the grant do not know about the deceased’s death personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased and know(s) about the deceased’s death personally.

At the time of death the deceased resided at [place, country].
991 15 20 25 30 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 4—continued Deleted I have made full inquiries and searches for a will made by the deceased.

I am satisfied that the deceased died without leaving a will and was wholly intestate.

I am a daughter/son* of the deceased.

5 *Select one.

For this paragraph select the statement that applies.
Note: Statements B and C should be appropriately altered if the de- ceased entered a civil union that was dissolved or affected by court order.

Statement A At the time of his death, my father was a widower/At the time of her death, my mother was a widow* and was not living in a de facto relationship.

10 *Select one.

Statement B I attach to this affidavit a copy of the order/decree absolute* 15 marked “[specify]”, dissolving my father’s/mother’s* mar- riage.
He/She* did not subsequently marry or enter into a civil union, and, at the time of his/her* death, he/she* was not living in a de facto relationship.

*Select one.

Statement C I attach to this affidavit a copy of the separation order/decree of judicial separation* marked “[specify]”, made between my father and his wife or husband/my mother and her husband or wife*.
The order/decree* was in force at the time of his/her* death, and, at the time of his/her* death, he/she* was not living 25 in a de facto relationship.

20 *Select one.
20 *Select one.

4 5 6 7 992 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 4—continued Statement D The deceased was survived by a spouse/civil union partner/de facto partner* who was entitled to succeed on the intestacy, but his/her* beneficial interest in the estate was affected by the choice he/she* made between option A and option B, under 5 section 61 of the Property (Relationships) Act 1976, because he/she* chose option A.
Attached and marked “[specify]” is a copy of the choice of option.

*Select one.

Statement E The deceased never married or entered into a civil union and 10 at the time of his/her* death, he/she* was not living in a de facto relationship.

*Select one.

For this paragraph select the statement that applies.

Statement A The deceased was not survived by any other child— (a) (b) who was adopted by the deceased; or Omit paragraphs (c) and (d) if the deceased was female.
(c) who was born to the deceased; or in respect of whom the deceased had admitted paternity; or in respect of whom the deceased was adjudged, before or after his death, to be the father.

(d) 15 20 Statement B In addition to myself, the deceased was survived by the fol- lowing children, all of whom, except where otherwise shown, 25 are adult: [list full names, places of residence, and occupa- tions of the other children of the deceased and, in the case of a child who is a minor, the age of that child].
If you selected statement B for paragraph 8, for this paragraph select the statement(s) that apply, otherwise omit this para- 30 graph.

993 8 9 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 4—continued Statement A On [date], I gave written notice to [full names], adult children of the deceased who are named in paragraph 8, that I intended to apply to this court for letters of administration of the es- tate of the deceased.
Attached and marked “[specify]” is a 5 copy/copies* of that notice/those notices*).

*Select one.

Statement B I attach to this affidavit the consents, marked “[specify]” of [full names], adult children of the deceased who are named in paragraph [specify], to letters of administration of the de- 10 ceased’s estate being granted to me.

For this paragraph select the statement that applies.
Statement A Neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies to 15 me.

Statement B Both in the case of the children of the deceased who are named in paragraph [number] of this affidavit and in my case, neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the 20 Status of Children Act 1969 is relevant or applies.

For this paragraph select the statement that applies.
Statement A I have made reasonable inquiries for the purposes of the Status of Children Act 1969 as to the existence of a parent or child of 25 the deceased (in addition to those already known to me) who could claim an interest in the estate of the deceased by reason only of that Act and the enactments governing the distribution of intestate estates.

Those inquiries, which included those re- quired by section 5A(2) of the Status of Children Act 1969, 30 consisted of [specify].
10 11 994 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 4—continued Statement B Making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 would unduly delay the making of a grant of administration because [state why].

Statement C The getting in or preservation of the assets of the estate of the deceased requires the making of an immediate grant of administration because [state why].
5 Statement D No useful purpose would be served by making the inquiries 10 specified in section 5A(1)(a) of the Status of Children Act 1969 because [state why].

If you selected statement A for paragraph 11, for this para- graph select the statement that applies, otherwise omit this paragraph.

Statement A The result of my inquiries was that I did not discover any such parent or child.
Attached and marked “[specify]” is a certifi- cate from the office of the Registrar-General confirming the absence of a record of any such parent or child.

15 20 Statement B The result of my inquiries was that I discovered [full names and relationship of those discovered].

Include the following paragraph where those discovered are children.
The person/Those* discovered is/are* aged [specify ages] be- ing a child/children* to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

25 *Select one.

12 13 14 To the best of my knowledge, information, and belief, the 30 gross value of the estate left by the deceased does not exceed $[amount].
995 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 4—continued 15 (b) I will faithfully administer the deceased’s estate in accordance with the law, and will, if required by the court, file in the court and verify by affidavit— (a) a true and complete inventory of the deceased’s estate; and a true and complete account of the deceased’s estate— setting out the dates and particulars of all receipts (i) and disbursements; and showing, in my opinion, which of the receipts and disbursements are on account of capital and 10 which are on account of income.
(ii) 5 Sworn/Affirmed* at [place, date] Before me: *Select one.

[print name] (a solicitor of the High Court of New Zealand or Registrar/Deputy 15 Registrar* of the High Court/District Court* or Justice of the Peace) *Select one.

996 Judicature Modernisation Bill Schedule 1 High Court Rules—continued r 27.4 Form PR 5 Affidavit for obtaining grant of administration on intestacy to parent of deceased The cover sheet for this form should have the same heading as that set out in form PR 1.
No: [number of proceeding] In the estate of [full name, place, occupation] (deceased) This form must be appropriately modified if more than 1 parent is applying.

I, [full name, place of residence, occupation], swear/solemnly and 10 sincerely affirm*— 5 *Select one.

1 2 3 4 The deceased, [name as on cover sheet], whom I knew, died at [place, country] on or about [date].

For this paragraph select the first of the following statements that applies.

Statement A I was present when the deceased died.


Statement B I attended the deceased’s funeral.

Statement C I saw the deceased’s dead body.

15 20 Statement D The deceased is the person named [full name] in the attached certified copy of the death certificate at [place] marked “A”.
If the applicant or applicants for the grant do not know about 25 the deceased’s death personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased and know(s) about the deceased’s death personally.

At the time of death the deceased resided at [place, country].
Deleted 30 997 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 5—continued I have made full inquiries and searches for a will made by the deceased.

I am satisfied that the deceased died without leaving a will and was wholly intestate.

I am the deceased’s father/mother*.

*Select one.

For this paragraph select the statement that applies.
5 Statement A The deceased was not survived by a spouse or civil union part- ner, or by any de facto partners, entitled to succeed on the in- testacy.

Statement B I attach to this affidavit a copy of the order/decree absolute* marked “[specify]”, dissolving the marriage/civil union*of my son/daughter*, the deceased.

He/She* did not subsequently marry or enter into a civil union, and, at the time of his/her* death, he/she* was not living in a de facto relationship.

10 15 *Select one.
10 15 *Select one.

Statement C I attach to this affidavit a copy of the separation order/decree of judicial separation* marked “[specify]”, made between my son/daughter*, the deceased, and his wife or husband/her hus- band or wife/civil union partner*.

The order/decree* was in 20 force at the time of his/her* death, and at the time of his/her* death he/she* was not living in a de facto relationship.

*Select one.
*Select one.

5 6 7 998 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 5—continued Statement D The deceased was survived by a spouse/civil union partner/de facto partner* who was entitled to succeed on the intestacy, but his/her* beneficial interest in the estate was affected by the choice he/she* made between option A and option B, under 5 section 61 of the Property (Relationships) Act 1976, because he/she* chose option A.
Attached and marked “[specify]” is a copy of the choice of option.

*Select one.

8 For this paragraph select the statement that applies.

Statement A I attach to this affidavit the consent marked “[specify]” of [full name], the father/mother* of the deceased, to letters of admin- istration of the deceased’s estate being granted to me.

10 *Select one.
10 *Select one.

Statement B [Full name], the father/mother* of the deceased, died at [place, 15 country] on or about [date] and therefore predeceased his/her* son/daughter*.

*Select one.

Statement C [Full name], the father/mother* of the deceased, does not join in the application as he/she* is incapable of acting as admin- 20 istrator because [state why].

*Select one.
*Select one.

9 The deceased was not survived by a child— who was born to the deceased; or (a) (b) who was adopted by the deceased; or Omit paragraphs (c) and (d) if the deceased was female.

(c) in respect of whom the deceased had admitted paternity; or in respect of whom the deceased was adjudged, before or after his death, to be the father.
(d) 25 999 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 5—continued 10 who was born to a child of the deceased; or The deceased was not survived by any grandchild— (a) (b) who was adopted by a child of the deceased; or (c) in respect of whom a son of the deceased had admitted paternity; or in respect of whom a son of the deceased was adjudged, before or after the death of the child of the deceased, to be the father.
(d) 5 11 For this paragraph select the statement that applies.

10 Statement A I have made reasonable inquiries for the purposes of the Status of Children Act 1969 as to the existence of a parent or child of the deceased (in addition to those already known to me) who could claim an interest in the estate of the deceased by reason only of that Act and the enactments governing the distribution 15 of intestate estates.
Those inquiries, which included those re- quired by section 5A(2) of the Status of Children Act 1969, consisted of [specify].

Statement B Making the inquiries specified in section 5A(1)(a) of the Status 20 of Children Act 1969 would unduly delay the making of a grant of administration because [state why].

Statement C The getting in or preservation of the assets of the estate of the deceased requires the making of an immediate grant of 25 administration because [state why].
Statement D No useful purpose would be served by making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 because [state why].

If you selected statement A for paragraph 11, for this para- graph select the statement that applies, otherwise omit this paragraph.

30 12 1000 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 5—continued Statement A The result of my inquiries was that I did not discover any such parent or child.
Attached and marked “[specify]” is a certifi- cate from the office of the Registrar-General confirming the absence of a record of any such parent or child.

Statement B The result of my inquiries was that I discovered [full names and relationship of those discovered.].

Include the following paragraph where those discovered are children.
The person/Those* discovered is/are* aged [specify ages], be- ing a child/children* to whom neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

5 10 *Select one.

To the best of my knowledge, information, and belief, the 15 gross value of the estate left by the deceased does not exceed $[amount].
I will faithfully administer the deceased’s estate in accordance with the law, and will, when required by the court, file in the court and verify by affidavit— (a) 20 a true and complete inventory of the deceased’s estate; and a true and complete account of the deceased’s estate— setting out the dates and particulars of all receipts (i) and disbursements; and showing, in my opinion, which of the receipts and disbursements are on account of capital and which are on account of income.
(ii) (b) 13 14 15 Sworn/Affirmed* at [place, date] Before me: *Select one.

1001 25 30 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 5—continued [print name] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace) *Select one.
1002 Judicature Modernisation Bill Schedule 1 High Court Rules—continued r 27.4 Form PR 6 Affidavit for obtaining grant of administration on intestacy to brother or sister of deceased The cover sheet for this form should have the same heading as that set out in form PR 1.

No: [number of proceeding] In the estate of [full name, place, occupation] (deceased) This form must be appropriately altered if more than 1 brother or sister is applying.
I, [full name, place of residence, occupation], swear/solemnly and 10 sincerely affirm*— 5 *Select one.

1 2 The deceased, [name as on cover sheet], whom I knew, died at [place, country] on or about [date].

For this paragraph select the first of the following statements that applies.

Statement A I was present when the deceased died.

Statement B I attended the deceased’s funeral.

Statement C I saw the deceased’s dead body.


Statement D The deceased is the person named [full name] in the death certificate/certified copy of the death certificate* attached and marked “A”.

*Select one.

If the applicant or applicants for the grant do not know about the deceased’s death personally, replace paragraphs 1 and 2 with an affidavit in the form of those paragraphs made by a person or persons who knew the deceased and know(s) about the deceased’s death personally.
At the time of death the deceased resided at [place, country].

Deleted 3 4 1003 15 20 25 30 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 6—continued 5 6 7 I have made full inquiries and searches for a will made by the deceased.

I am satisfied that the deceased died without leaving a will and was wholly intestate.

I am a brother/sister* of the deceased.

*Select one.

For this paragraph select the statement that applies.
5 Statement A The deceased was not survived by a spouse or civil union part- ner, or by any de facto partner, entitled to succeed on the in- testacy.

Statement B I attach to this affidavit a copy of the order/decree absolute* marked “[specify]”, dissolving the marriage/civil union* of my brother/sister*, the deceased.

He/She* did not subsequently marry or enter into a civil union, and at the time of his/her* death he/she* was not living in a de facto relationship.
10 15 Statement C I attach to this affidavit a copy of the separation order/decree of judicial separation* marked “[specify]”, made between my brother/sister*, the deceased, and his/her* wife/husband/civil union partner*.

The order/decree* was in force at the time of 20 his/her* death, and at the time of his/her* death he/she* was not living in a de facto relationship.
Statement D The deceased was survived by a spouse/civil union partner/de facto partner* who was entitled to succeed on the intestacy, 25 but his/her* beneficial interest in the estate was affected by the choice he/she* made between option A and option B, under section 61 of the Property (Relationships) Act 1976, because he/she* chose option A.

Attached and marked “[specify]” is a copy of the choice of option.

30 *Select one.

The deceased was not survived by a parent.


The deceased was not survived by any child— 8 9 1004 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 6—continued who was born to the deceased; or (a) (b) who was adopted by the deceased; or Omit paragraphs (c) and (d) if the deceased was female.

(c) in respect of whom the deceased had admitted paternity; or in respect of whom the deceased was adjudged, before or after his death, to be the father.
(d) who was born to a child of the deceased; or The deceased was not survived by any grandchild— (a) (b) who was adopted by a child of the deceased; or (c) in respect of whom a son of the deceased had admitted paternity; or in respect of whom a son of the deceased was adjudged, before or after the death of the child of the deceased, to be the father.

(d) 5 10 15 10 11 For this paragraph select the statement that applies.

Statement A The deceased was not survived by any other brother or sister.
Statement B In addition to myself, the deceased was survived by the fol- 20 lowing brothers and sisters, all of whom, except where other- wise shown, are adult: [list full names, places of residence, and occupations of the other brothers and sisters of the de- ceased and, in the case of any brother or sister who is a minor, the age of that brother or sister].

If you selected statement B for paragraph 11, for this para- graph select the statement(s) that apply, otherwise omit this paragraph.
25 Statement A On [date], I gave written notice to [full names], adult brothers 30 and sisters of the deceased who are named in paragraph 11, that I intended to apply to this court for letters of administration of the deceased’s estate.

Attached and marked “[specify]” is a copy of that notice.
12 1005 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 6—continued Statement B I attach to this affidavit the consents, marked “[specify]”, of [full names], adult brothers and sisters of the deceased who are named in paragraph 11, granting me letters of administration of the deceased’s estate.

For this paragraph select the statement that applies.
Statement A Neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies to me.

Statement B Both in the case of the brothers and sisters of the deceased who are named in paragraph 11 of this affidavit and in my case, neither section 16(2)(d) of the Adoption Act 1955 nor section 4 of the Status of Children Act 1969 is relevant or applies.

For this paragraph select the statement that applies.
5 10 15 Statement A I have made reasonable inquiries for the purposes of the Status of Children Act 1969 as to the existence of a parent or child of the deceased (in addition to those already known to me) who 20 could claim an interest in the estate of the deceased by reason only of that Act and the enactments governing the distribution of intestate estates.

Those inquiries, which included those re- quired by section 5A(2) of the Status of Children Act 1969, consisted of [specify].
25 Statement B Making the inquiries specified in section 5A(1) of the Status of Children Act 1969 would unduly delay the making of a grant of administration because [state why].

Statement C The getting in or preservation of the assets of the estate of the deceased requires the making of an immediate grant of administration because [state why].
30 13 14 1006 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 6—continued Statement D No useful purpose would be served by making the inquiries specified in section 5A(1)(a) of the Status of Children Act 1969 because [state why].

If you selected statement A for paragraph 14, for this para- 5 graph select the statement that applies, otherwise omit this paragraph.

Statement A The result of my inquiries was that I did not discover any such parent or child.
Attached and marked “[specify]” is a certifi- 10 cate from the office of the Registrar-General confirming the absence of a record of any such parent or child.

Statement B The result of my inquiries was that I discovered [full names and relationship of those discovered.].

Include the following paragraph where those discovered are children.
The person/Those* discovered are* [specify ages], being a child/children* to whom neither section 16(2)(d) of the Adop- tion Act 1955 nor section 4 of the Status of Children Act 1969 20 is relevant or applies.

15 *Select one.

To the best of my knowledge, information, and belief, the gross value of the estate left by the deceased does not exceed $[amount].
I will faithfully administer the deceased’s estate in accordance 25 with the law, and will, if required by the court, file in the court and verify by affidavit— (a) a true and complete inventory of the deceased’s estate; and a true and complete account of the deceased’s estate— 30 setting out the dates and particulars of all receipts (i) and disbursements; and (b) 15 16 17 18 1007 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 6—continued (ii) showing, in my opinion, which of the receipts and disbursements are on account of capital and which are on account of income.
Sworn/Affirmed* at [place, date] Before me: *Select one.

5 [print name] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace) *Select one.
1008 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 7 Probate in common form r 27.31(1) In the High Court of New Zealand [Name of registry] Registry No: [number of proceeding] In the estate of [name, place of residence, occupation] (deceased) For this paragraph select the statement that applies.

1 Statement A The deceased, [full name], died at [place, country] on or about [date] leaving a will.

A copy is attached.
A copy is attached.

5 10 Statement B The deceased, [full name], died at [place, country] on or about [date] leaving a will and [specify number] document(s)/codi- cil(s)* changing the will.

Copies are attached.

*Select one.

2 For this paragraph select the statement that applies.

15 Statement A The will was proved before the Registrar/Senior Deputy Registrar* in chambers acting under rule 27.14 of the High Court Rules and probate of the will was granted today.

*Select one.
*Select one.

Statement B The will and [specify number] document(s)/codicil(s)* chang- ing the will were proved before the Registrar/Senior Deputy Registrar* in chambers acting under rule 27.14 of the High Court Rules and probate of the will and [specify number] docu- ment(s)/codicils* changing the will was granted today.

20 25 *Select one.
20 25 *Select one.

3 This probate document appoints [full name(s), place(s) of residence, occupation(s)], the executor/executors* [or state basis for the grant as stated in paragraph 2 of the application] named in the will/document/codicil that changed the will as the administrator/administrators* of the deceased’s estate.

30 1009 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 7—continued *Select one.

4 [Specify any other order made as part of the grant.]
Date: Deputy Registrar 1010 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 8 Letters of administration with will annexed r 27.31(1) In the High Court of New Zealand [Name of registry] Registry No: [number of proceeding] In the estate of [name, place of residence, occupation] (deceased) To [full name, place of residence, occupation] the [state basis for entitlement to grant as specified in rule 27.26 that allowed grant of administration] 1 For this paragraph select the statement that applies.
Statement A The deceased, [full name], died at [place, country] on or about [date] leaving a will.

A copy is attached.

*Select one.

5 10 Statement B The deceased, [full name], died at [place, country] on or about 15 [date] leaving a will and [specify number if more than 1] docu- ment(s)/codicil(s)* changing the will.

Copies are attached.

*Select one.

2 For this paragraph select the statement that applies.
Statement A The will was proved before the Registrar/Senior Deputy 20 Registrar in chambers acting under rule 27.14 of the High Court Rules and letters of administration with the will an- nexed was granted today.

*Select one.
*Select one.

Statement B The will and [specify number] document(s)/codicil(s) chang- 25 ing the will were proved before the Registrar/Senior Deputy Registrar in chambers acting under rule 27.14 of the High Court Rules, and letters of administration with the will and [specify number] document(s)/codicils* changing the will an- nexed was granted today.

30 1011 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 8—continued *Select one.
3 4 The circumstance in rule 27.25(1) to (3) of the High Court Rules allowing the grant of administration was [specify].

These letters of administration authorise you— to administer the deceased’s estate; and (a) to demand and recover whatever debts may belong to 5 (b) the deceased’s estate; and to pay whatever debts the deceased owed; and to pay the legacies contained in the will and [specify number] document(s)/codicil(s)* changing the will to the extent the estate allows.

(c) (d) 10 *Select one.


5 For this paragraph select the statement that applies.

Statement A You are appointed as the administrator with the will annexed of all of the deceased’s estate.

Statement B You are appointed as the administrator with the will and [spe- cify number] document(s)/codicil(s)* changing the will an- nexed of all of the deceased’s estate.

15 *Select one.

[Specify any other order made as part of the grant.]
Date: Deputy Registrar 20 1012 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 9 Letters of administration on intestacy r 27.31(1) In the High Court of New Zealand [Name of registry] Registry No: [number of proceeding] In the estate of [full name, place of residence, occupation] (deceased) To [full name, place of residence, occupation] [state basis for entitle- ment to grant as specified in rule 27.35(4) that gives right to apply for administration, that is, the relationship to the deceased] .
1 5 The deceased, [full name], died at [place, country] on or about 10 [date] without leaving a will.

These letters of administration authorise you— to administer the deceased’s estate; and (a) to demand and recover whatever debts may belong to (b) the deceased’s estate; and to pay whatever debts the deceased owed, so far as the estate extends.

(c) 15 You are appointed as the administrator of all of the deceased’s estate.
This grant was made today by the Registrar/Senior Deputy 20 Registrar* in chambers acting under rule 27.14 of the High Court Rules.

2 3 4 *Select one.

Date: Deputy Registrar 1013 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 10 Caveat r 27.11(2) In the High Court of New Zealand [Name of registry] Registry No: [number of proceeding] Under section 60 of the Administration Act 1969 And In the matter of the will/estate* of [full name, place, occupation] (deceased) 5 *Select one.
Probate of the will/letters of administration of the estate* of the de- 10 ceased, [name], must not be granted without notice to [full name], solicitor for [full name, place, occupation], who has an interest in the estate.

*Select one.

Date: Signature: (caveator/solicitor for caveator*) *Select one.

15 Complete and attach the memorandum as set out in form G 10.
1014 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 11 Exemplification of probate or letters of administration r 27.33(1) In the High Court of New Zealand [Name of registry] Registry No: [number of proceeding] In the estate of [full name, place, occupation] (deceased) 1 This document certifies a record in the [name of Registry] Registry of the High Court of New Zealand, which is a court of record.

The record is that on [date]— 5 10 Select the statement that applies.
Statement A the last will of [full name, place, occupation], who died at [place] on or about [date], was proved by, and probate was granted to, [full name, place of residence], the named executor.

15 Statement B letters of administration with will annexed of the estate of [full name, place, occupation], who died at [place] on or about [date], were granted to [full name, place of residence] as [spe- cify the person’s status as described in rule 27.26].
Statement C letters of administration of the estate of [full name, place, oc- cupation], who died at [place] on or about [date], were granted to [full name, place].

For this paragraph select the statement that applies.

20 25 Statement A The probate is on record in the office of that Registry.

Statement B The letters of administration with will annexed/letters of ad- ministration* are on record in the office of that Registry.

30 *Select one.
30 *Select one.

2 1015 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 11—continued 3 4 Omit this paragraph if the exemplification relates only to let- ters of administration on intestacy.

The text of the will is shown by the copy/copies* of it attached and endorsed on each page with the seal of the High Court of New Zealand.

5 *Select one.

Omit this paragraph if the exemplification relates only to let- ters of administration on intestacy.
The sealing of this document is evidence of the acceptance by this court of the authenticity of the wording of the will.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
10 1016 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 12 Affidavit of valid execution r 27.16(4) In the High Court of New Zealand [Name of registry] Registry No: [number of proceeding] In the estate of [full name, place, occupation] (deceased) 5 I, [full name, place of residence, occupation], swear/solemnly and sincerely affirm*— *Select one.

1 2 I am one of the witnesses to/I was present at the signing of* the last will of the deceased, [full name, place].
The last will 10 is the document marked “A” now produced and shown to me.

*Select one.

For this paragraph, select the statement that applies.

Statement A On [date], the deceased signed the will by signing his/her* name as it now appears on the will, intending the signing to be 15 a valid signing of the will.

*Select one.
*Select one.

Statement B On [date], the deceased directed another person to sign the will on his/her* behalf in his/her* presence, intending the signing of that person’s name as it now appears on the will to be a valid 20 signing of the will.

*Select one.

Statement C On [date], the deceased acknowledged that he/she* had earlier signed the will by signing his/her* name as it now appears on the will, intending the signing to be a valid signing of the will.

25 *Select one.
25 *Select one.

1017 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form PR 12—continued Statement D On [date], the deceased acknowledged that he/she* had earlier directed another person to sign the will on his/her* behalf in his/her* presence, intending the signing of that person’s name as it now appears on the will to be a valid signing of the will.

*Select one.
*Select one.

For this paragraph, select— Statement A, if you selected Statement A in paragraph 2; or Statement B, if you selected Statement B in paragraph 2; or Statement C, if you selected Statement C or D in paragraph 2.
Statement A The signing referred to in paragraph 2 was completed in my presence and in the presence of [full name, place of residence, and occupation of other witness, or both witnesses if you are not a witness] and both of us/they* then signed the will as witnesses in the presence of the deceased.

*Select one.
*Select one.

5 10 15 Statement B The directing referred to in paragraph 2 was completed in my presence and in the presence of [full name, place of residence, and occupation of other witness, or both witnesses if you are not a witness] and both of us/they* then signed the will as 20 witnesses in the presence of the deceased.

*Select one.
*Select one.

Statement C The acknowledging referred to in paragraph 2 was completed in my presence and in the presence of [full name, place of residence, and occupation of other witness, or both witnesses 25 if you are not a witness] and both of us/they* then signed the will as witnesses in the presence of the deceased.

*Select one.

Include this paragraph only if there is a change on the will.

Select the statement that applies.


3 4 1018 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form PR 12—continued Statement A The change on the will was executed by [specify the actions complying with section 15(a) or (b) of the Wills Act 2007].

Statement B The change on the will was made by the obliteration of words 5 in the will in such a way as to prevent their effect being ap- parent.
The deceased indicated his/her* consent to the obliter- ation by [specify the actions by which the deceased indicated consent to the obliteration].

*Select one.

5 Include this paragraph only if it must be proved that the de- 10 ceased knew the contents of the will or a separate document.
Before the deceased signed the will/separate document*, I read/[full name] in my presence read* the will/separate docu- ment* to the deceased and the deceased seemed to understand it thoroughly/seemed to have full knowledge of its contents*.

15 *Select one.

Sworn/Affirmed* at: [place, date] Before me: [name, signature] *Select one.

(a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of the High Court/District Court* or Justice of the Peace) *Select one.
1019 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form AD 1 General heading for action in personam rr 25.7(2), 25.9(2) In the High Court of New Zealand In Admiralty [Name of registry] Registry No: [number of proceeding] Between [name of plaintiff] (plaintiff) And [name of defendant] (defendant) 5 10 1020 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form AD 2 Notice of proceeding in personam r 25.7(1) To [name of defendant(s)] 1 Unless, within 10 working days after you are served with this notice of proceeding (which is the period that begins on the day 5 after the day of service), you cause an appearance to be entered for you in the registry of this court at [place], the plaintiff may proceed in the plaintiff’s action without having it heard in court, and judgment may be given in your absence.
The trial of the action, if a trial is necessary, will take place at 10 the court at [place] at a time to be fixed by the court.

For this paragraph select the statement that applies.

2 3 Statement A I, [full name], appearing in person, issued this notice of pro- ceeding.

My address for service is [address].

15 Statement B I, [full name of solicitor], issued this notice of proceeding for the plaintiff/plaintiffs*.

My firm is [name, address].

My ad- dress for service is [address]†.

*Select one.
*Select one.

†If the plaintiff’s solicitor is acting by an agent, the name and address of the agent should be shown as well as the name, firm, and address of the principal.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
20 1021 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form AD 2—continued Service of this notice This notice of proceeding must be served within 12 months after the date of the notice of proceeding, or within 6 months after the date of renewal, if renewed.
Directions for entering appearance 1 5 You may enter an appearance either personally (if acting with- out a solicitor) or by a solicitor at the registry of the court men- tioned in the notice of proceeding, by either filing a memoran- dum of appearance (in duplicate) in that registry or by posting the memorandum (in duplicate) to the Registrar at that registry.
10 If the last day for entering your appearance falls on a Saturday, Sunday, or court holiday, you may file the memorandum of appearance on the next working day following that Saturday, Sunday, or holiday.

Omit this paragraph if it conflicts with a direction by the court.

15 In calculating the time for filing the memorandum, you must disregard the period that commences with 25 December and ends with 15 January.

2 3 You must endorse the notice of proceeding before it is issued.
The endorsement must contain a concise statement of the nature of the 20 claim, the relief or remedy required, and the amount claimed (if any).

In the case of a proceeding in rem add: The plaintiff claims against the [name of ship or describe property] under sections [specify] of the Admiralty Act 1973.
Statement of defence A defendant who intends to defend an action must file or serve a statement of defence within 20 working days after the day on which the statement of claim was served on that defendant, unless the court or a Judge gives leave to the contrary.
25 1022 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form AD 3 General heading for action in rem r 25.8(2) In the High Court of New Zealand In Admiralty [Name of registry] Registry No: [number of proceeding] 5 Admiralty action in rem Between [name of plaintiff(s), eg, the owners of the ship “X”] (plaintiff/plaintiffs*) *Select one.
And [name of defendant(s), eg, the ship “Y”, the ship “Y” and its 10 freight, the ship “Y” and its cargo and freight, the cargo from the ship “Y”, the proceeds of the ship “Y”, or the proceeds of the cargo from the ship “Y”] (defendant/defendants*) *Select one.
1023 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form AD 4 Notice of proceeding in rem To the owners and all others who have an interest in the [name of ship or describe property] 1 r 25.8(1) Unless, within 10 working days after you are served with this 5 notice of proceeding (which is the period that begins on the day after the day of service), you cause an appearance to be entered for you in the registry of this court at [place], the plaintiff may proceed in the plaintiff’s action without having it heard in court, and judgment may be given in your absence.
If the 10 thing described in this notice of proceeding is then held under an order of the court authorising its arrest, it may be sold by order of the court.

The trial of the action, if a trial is necessary, will take place at the court at [place] at a time to be fixed by the court.

For this paragraph select the statement that applies.

15 2 3 Statement A I, [full name], appearing in person, issued this notice of pro- ceeding.

My address for service is [address].


Statement B I, [full name of solicitor], solicitor for the plaintiff/plaintiffs*, issued this notice of proceeding.

My firm is [name, address].

My address for service is [address].† *Select one.

20 †If the plaintiff’s solicitor is acting by an agent, the name and address of the agent should be shown as well as the name, firm, and address of the principal.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
1024 25 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form AD 4—continued Service of this notice This notice of proceeding must be served within 12 months after the date of the notice of proceeding, or within 6 months after the date of renewal, if renewed.
Directions for entering appearance 1 5 10 You may enter an appearance either personally (if suing in person) or by a solicitor at the registry of the court mentioned in the notice of proceeding, by either filing a memorandum of appearance (in duplicate) in that registry or by posting the memorandum (in duplicate) to the Registrar at the registry.
The appearance must state the name and correct address of the party appearing and the capacity in which that party appears, whether as owner or part-owner or otherwise, and must also state the port of registry or port to which the ship belongs.

Those statements are prima facie evidence of the matters stated 15 in them.
If the last day for entering your appearance falls on a Saturday, Sunday, or court holiday, you may file the memorandum of appearance on the next working day following that Saturday, Sunday, or holiday.

Omit this paragraph if it conflicts with a direction by the court.

In calculating the time for filing the memorandum, you must disregard the period that commences with 25 December and ends with 15 January.

20 2 3 4 You must endorse the notice of proceeding before it is issued.
The 25 endorsement must contain a concise statement of the nature of the claim, the relief or remedy required, and the amount claimed (if any).

In the case of a proceeding in rem add: The plaintiff claims against the [name of ship or describe property] under sections [specify] of the Admiralty Act 1973.
30 1025 Schedule 1 Judicature Modernisation Bill High Court Rules—continued r 25.9(1) Form AD 5 Notice of proceeding both in rem and in personam To the owners and all others interested in the [name of ship or de- scribe property] and To the defendant [name] 1 5 Unless, within 10 working days after you are served with this notice of proceeding (which is the period that begins on the day after the day of service), you have caused an appearance 10 to be entered for you in the registry of this court at [place], the plaintiff may proceed in the plaintiff’s action without having it heard in court, and judgment may be given in your absence.
If the thing described in this notice of proceeding is then held under an order of the court authorising its arrest, it may be sold 15 by order of the court.

The trial of the action, if a trial is necessary, will take place at the court at [place] at a time to be fixed by the court.

For this paragraph select the statement that applies.

2 3 Statement A This notice of proceeding was issued by [full name] appearing in person.

My address for service is [address].


20 Statement B This notice of proceeding was issued by [full name], solicitor for the plaintiff/plaintiffs*.

My firm is [name, address].

My 25 address for service is [address].† *Select one.

†If the plaintiff’s solicitor is acting by an agent, the name and address of the agent should be shown as well as the name, firm, and address of the principal.
Date: Signature: (Registrar/Deputy Registrar*) 1026 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form AD 5—continued *Select one.

Service of this notice This notice of proceeding must be served within 12 months after the date of the notice of proceeding, or within 6 months after the date of renewal, if renewed.
Directions for entering appearance 1 5 10 You may enter an appearance either personally (if suing in person) or by a solicitor at the registry of the court mentioned in the notice of proceeding, by either filing a memorandum of appearance (in duplicate) in that registry or by posting the memorandum (in duplicate) to the Registrar at the registry.
The appearance must state the name and correct address of the party appearing and the capacity in which that party appears, whether as owner or part-owner or otherwise, and must also state the port of registry or port to which the ship belongs.

Those statements are prima facie evidence of the matters stated 15 in them.
If the last day for entering your appearance falls on a Saturday, Sunday, or court holiday, you may file the memorandum of appearance on the next working day following that Saturday, Sunday, or holiday.

Omit this paragraph if it conflicts with a direction by the court.

In calculating the time for filing the memorandum, you must disregard the period that commences with 25 December and ends with 15 January.

20 2 3 4 You must endorse the notice of proceeding before it is issued.
The 25 endorsement must contain a concise statement of the nature of the claim, the relief or remedy required, and the amount claimed (if any).

In the case of a proceeding in rem add: The plaintiff claims against the [name of ship or describe property] under sections [specify] of the Admiralty Act 1973 [summary of 30 claim and amount].
1027 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form AD 5—continued Include the following sentence if the plaintiff claims against a second defendant, otherwise omit.

The plaintiff claims against the second defendant [summary of claim and amount].
Statement of defence A defendant who intends to defend an action must file or serve a statement of defence within 20 working days after the day on which the statement of claim was served on that defendant, unless the court or a Judge gives leave to the contrary.
5 1028 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form AD 6 Memorandum of appearance r 25.12(1) Defendant: [name, place of residence or business, occupation] Include details for party and port of registry if appearance is in an action in rem.

Party: [name and correct address of party appearing and capacity in which that party appears (ie, owner, part-owner, or otherwise).

This statement is prima facie evidence of matters stated in it (see rule 25.13).]
Port of registry: [name of port of registry or port to which ship be- 10 longs.

This statement is prima facie evidence of matters stated in it (see rule 25.13).]

1 5 15 Include this paragraph if the appearance is to a counterclaim, otherwise omit.

This is an appearance to a counterclaim.

Include this paragraph if the appearance is by an added de- fendant, third party, or intervener, otherwise omit.

[Specify briefly the particulars of the order or notice served on the party entering the appearance.]
Include this paragraph if the appearance is conditional, other- 20 wise omit.

This appearance has effect as an unconditional appearance un- less, within 8 working days after the appearance is filed, an ap- plication is made to set aside the notice of proceeding or ser- vice of the notice of proceeding and an order is made accord- 25 ingly (see rule 25.12 of the High Court Rules).

2 3 I, [full name], filed this appearance, appearing in person.

My address for service is [address].


Date: Signature: (party/solicitor*) 30 1029 5 10 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form AD 6—continued *Select one.

Note If the appearance is filed by a solicitor who has another solicitor act- ing as that solicitor’s agent at the place of filing, add the name and address of the agent or the agent’s firm to the name and address of the principal or the principal’s firm.
Directions for entering an appearance 1 If the last day for entering an appearance falls on Saturday, Sunday, or court holiday, you may file the memorandum of appearance on the next working day following that Saturday, Sunday, or holiday.

Omit this paragraph if it conflicts with a direction by the court.

In calculating the time for filing the memorandum, you must disregard the period that commences with 25 December and ends with 15 January.
2 1030 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form AD 7 Application for warrant of arrest r 25.34(1) 2 3 To the Registrar of the High Court at [place] 1 The plaintiff applies for a warrant for the arrest of [name of ship or describe property].

The present location of the property to be arrested is [location].
This application is accompanied by the affidavit/affidavits* of [names of deponents] deposing to the matters referred to in Rule 25.34(4) of the High Court Rules, and an indemnity to the Registrar.

*Select one.

Date: Signature: (plaintiff/solicitor for plaintiff*) *Select one.
Certificate of Registrar I certify that according to the records of the court— (a) a notice of proceeding in an action in rem has been issued against [name of ship or describe property to be arrested]: this application was filed at [time, date].

(b) Date: Signature: (Registrar/Deputy Registrar*) *Select one.
1031 5 10 15 20 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form AD 8 Indemnity to Registrar To the Registrar of the High Court at [place] The applicant indemnifies you— (a) for any fees and expenses (including harbour dues) that may 5 be incurred by you in executing the warrant of arrest issued against [name of ship or describe property]; and against any liability arising out of or incidental to any act law- fully done by you in executing that warrant.
(b) r 25.34(4) Date: Signature: (applicant/solicitor for applicant*) *Select one.

10 1032 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form AD 9 Warrant of arrest r 25.35(3) To the Registrar of the High Court at [place] and To the Registrar’s appointed officers or agents You are directed to arrest the [name of ship or describe property] and keep it under safe arrest until you receive further orders from the court.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
5 10 This warrant of arrest is taken out by [name of solicitor], solicitor for [name of party].

Registrar’s endorsement as to execution This warrant was executed by [name of person executing warrant] at 15 [time, date].

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
1033 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form AD 10 Notice by Registrar of arrest of property r 25.38(1) [Name of ship or property] 1 The ship named/property described* above is in custody or possession of the Registrar of the High Court of New Zealand 5 by virtue of a warrant of arrest from this court.

*Select one.
*Select one.

2 A person who attempts to remove the property or interfere with it without the written authority of the Registrar, or of the Registrar’s officers or agents, will be in contempt of court.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
10 1034 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form AD 11 Request for caveat against arrest r 25.42(1) [Name of ship or describe property] 1 I request a caveat be entered against the arrest of the ship/prop- erty* described above.

*Select one.

5 2 3 I undertake to enter an appearance in any action that may be begun against it in the court.
I undertake, within 3 working days after receiving notice of an action in the court concerning the arrested ship/property*, to give security to the satisfaction of the Registrar in an amount 10 not exceeding $[amount] or to pay that amount into court.

*Select one.

4 My address for service is [address].

Date: Signature: (applicant/solicitor for applicant*) *Select one.
15 1035 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form AD 12 Release from arrest r 25.44(1) To the Registrar of the High Court of New Zealand at [place] and To the Registrar’s appointed officers and agents 1 The [name of ship or describe property] has been held under arrest in accordance with a warrant of arrest issued at [place, date].

You are now directed to release the arrested property.

The ground for release is [specify ground, eg, court order, pay- 10 ment into court, etc].
2 3 5 Date: Signature: (Registrar/Deputy Registrar*) *Select one.

*Omit if this release is not under an order of the court.

1036 Judicature Modernisation Bill Schedule 1 High Court Rules—continued 1 2 3 Form AD 13 Bail bond r 25.45(2) An action in rem against the [name of ship or describe prop- erty] is pending in this court.

The parties to the action are [names].

I/We* submit to the jurisdiction of the court.

*Select one.
*Select one.

5 If the defendant does not satisfy a judgment in this proceed- ing or does not pay an amount due to be paid by the defen- dant under an admission of liability in this action or under a settlement agreement that is filed in this court, the enforcement 10 process may issue against me/us*, my/our* executors or ad- ministrators or assigns, and my/our* goods and chattels, and the goods and chattels of my/our* executors, administrators, or assigns, for an amount not exceeding $[amount].
*Select one.

Date: The common seal [complete as usual]: This bond was signed by: (sureties) Before me: [name, signature] (a solicitor of the High Court of New Zealand/Registrar/Deputy 20 Registrar/Notary Public*) 15 *Select one.

1037 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form AD 14 Request for caveat against release and payment r 25.46(1) [Name of ship or describe property] Omit paragraph (a) or (b) if not requested.
I request a caveat be entered against— (a) (b) the issue of a release for the arrested property: payment out of court of the proceeds of sale (if the court should order that the arrested property be sold).
5 Date: Signature: [(name of signatory)] 10 1038 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form AD 15 Request for commission for appraisement and sale I/We* request a commission for the appraisement and sale of [name of ship or describe property], which was arrested by order of the court 5 on [date].

r 25.51(1) *Select one.


Date: Signature: [(name of signatory)] 1039 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form AD 16 Commission for appraisement and sale r 25.51(5) To the Registrar of the High Court at [place] and To the Registrar’s appointed officers and agents 1 5 10 The court has ordered that the [name of ship or describe prop- erty] be appraised and sold.
You are directed to choose 1 or more experienced persons and to swear them to appraise the property according to its correct value.
You are also directed that, once that value has been certified in writing by the appraiser or appraisers, you are to arrange for the property to be sold by [specify whether sale to be by way of private treaty, tender, or public auction] for the highest price that can be obtained for it, but not for less than the appraised 15 value unless the court, on your application, allows it to be sold for less.
You are further directed that, immediately on the sale being completed, you are to pay the proceeds of the sale into court and to file in the court the certificate of appraisement signed 20 by you and the appraiser or appraisers, and an account of the sale signed by you, together with this commission.

2 3 4 Date: Signature: (Registrar/Deputy Registrar*) *Select one.

25 This commission is taken out by [name], solicitor for the [name of party].
1040 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form AD 17 Notice for priority of claims on sale r 25.52(1) 5 The [name of ship or describe property] has been sold and the gross proceeds of that sale, amounting to $[amount] have been paid into court at [place].

The priority of the claims against the proceeds of sale will not be determined until after [expiry date of period specified in order for sale].
A person having a claim against the ship or described prop- erty, or the proceeds of sale of that ship or property, on which 10 the person intends to proceed to judgment should commence an action to enforce that claim before the date specified in paragraph 2 and, if necessary, apply to the court to extend the period within which the order of priority of claims will not be determined.
If the steps referred to in paragraph 3 are not taken, an order determining the priority of claims against the ship or described property, or the proceeds of sale of that ship or property, may be made without notice to the person claiming against the ship or described property, or the proceeds of sale of that ship or 20 property.

15 1 2 3 4 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
1041 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form Arb 1 Appeal under Arbitration Act 1996 rr 26.3(2), 26.8(3) Complete and insert the heading as set out in form G 1.
To the Registrar of the High Court at [place] and To [name(s) of party/parties to be served with this notice] 5 This document notifies you that— 1 On [date] at [time], or as soon after that as counsel/parties* may be heard, [name of plaintiff appealing against arbitral award] will appeal to the court at [place] from an award dated 10 [date] made by [arbitral tribunal name(s)].

*Select one.
*Select one.

The question/questions* of law arising out of the award is/are* as follows: [specify precise form of question(s) of law alleged to arise, numbered if more than 1].

*Select one.

The plaintiff contends that the question/questions* should be 15 answered as follows: [specify answer(s) contended for].

*Select one.

The plaintiff seeks the following relief: [specify relief sought].
The grounds on which this application is made are— the plaintiff was a party to the arbitration; and (a) For this paragraph select the statement that applies.
(b) Statement A the parties to the arbitration agreed before the award was made that any party might appeal to the court on any question of law arising out of the award; and Statement B after the award was made, every other party to the arbi- tration consented to an appeal to the court on the ques- tion/questions* of law arising out of the award stated above; and 20 25 2 3 4 5 1042 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form Arb 1—continued *Select one.
(c) [specify any grounds for the appeal other than those set out above, giving enough detail to inform the court and the other parties of the issues].

6 This application is made in reliance on clause 5(1)(a)/5(1)(b)* of Schedule 2 of the Arbitration Act 1996.

*Select one.

5 [Specify any other enactment or principle of law relied on.]

Date: Signature: (solicitor/counsel* for plaintiff) *Select one.
Notes to defendant 10 Seeking legal advice You should seek legal advice immediately about this application.

How and when can I oppose this application?

You can oppose this application within 10 working days after the day on which you are served with this document.

You can do this by— 15 (a) (b) filing a notice of opposition in the court; and serving a copy of that notice on the plaintiff and on all other parties.

What can happen if I do not file and serve notice of opposition?
If you do not file and serve a notice of opposition, the court may 20 proceed to determine this application in your absence.

1043 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form Arb 2 Notice for leave to appeal under Arbitration Act 1996 r 26.15(2) Complete and insert the heading as set out in form G 1.
To the Registrar of the High Court at [place] and To [name(s) of party or parties to be served with this notice] 5 This document notifies you that— 1 On [date] at [time], or as soon after that as the applicant may be heard, [name of party seeking leave] will seek leave to ap- 10 peal from an award dated [date] made by [arbitral tribunal name(s)].
The question/questions* of law arising out of the award is/are* as follows: [specify precise form of question(s) of law alleged to arise, numbered if more than 1].

*Select one.

15 The plaintiff contends that the question/questions* should be answered as follows: [specify answer(s) contended for].

*Select one.

If granted leave to appeal, the plaintiff will seek the following relief: [specify relief sought].
The grounds on which this application is made are— the plaintiff was a party to the arbitration; and (a) [specify any grounds for the appeal other than those set (b) out above, giving enough detail to inform the court and the other parties of the issues].

20 This application is made in reliance on clause 5(1)(c) of Sched- 25 ule 2 of the Arbitration Act 1996.

[Specify any other enactment or principle of law relied on.]
1044 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form Arb 2—continued Date: Signature: (solicitor/counsel* for plaintiff) *Select one.

Notes to defendant Seeking legal advice You should seek legal advice immediately about this application.

5 How and when can I oppose this application?

You can oppose this application within 10 working days after the day on which you are served with this notice.
You can do this by— (a) (b) filing a notice of opposition in the court; and serving a copy of that notice on the plaintiff and on all other parties.

10 What can happen if I do not file and serve notice of opposition?

If you do not file and serve a notice of opposition, the court may proceed to determine this application in your absence.
15 1045 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form Arb 3 Application to enter award as judgment Complete and insert the heading as set out in form G 1. r 26.22(2) To the Registrar of the High Court at [place] and To [name(s) of party or parties to be served with this notice] 5 This document notifies you that— 1 The plaintiff seeks to enforce the award dated [date] made by [arbitral tribunal name(s)] by entry as a judgment.
This application is made in reliance on article 35 of Schedule 10 1 of the Arbitration Act 1996.

2 Date: Signature: (solicitor/counsel* for plaintiff) *Select one.

Notes to defendant 15 Seeking legal advice You should seek legal advice immediately about this application.

How and when can I oppose this application?


You can oppose this application by— (a) filing an application in the court seeking an order that recog- 20 nition and enforcement be refused in terms of article 36 of Schedule 1 of the Arbitration Act 1996; and serving a copy of that notice on the plaintiff and on all other parties.
(b) You must do this within whichever of the following periods is shorter: 25 1046 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form Arb 3—continued (a) (b) 10 working days after the day on which you are served with this application: any period fixed by the court of less than 10 working days after you have been served with the order fixing that period.

What will happen if I do not file and serve an application seeking an order that recognition and enforcement be refused?
If you do not file and serve such an application, the Registrar will proceed to enter the award as a judgment.

5 1047 5 10 15 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 1 Statement of claim in proceeding for putting company into liquidation r 31.3(1) Complete and attach the memorandum as set out in form G 10.

The plaintiff says— 1 The [full name of company] (the defendant company) was in [month, year] incorporated/reregistered* under the Companies Act 1993.

*Select one.
*Select one.

2 3 4 The registered office of the defendant company is at [full ad- dress of registered office].

[Set out in paragraphs the facts on which the plaintiff relies.]

The plaintiff therefore requests that the defendant company be put into liquidation by the court under the Companies Act 1993.

Date: Signature: (plaintiff/solicitor*) *Select one.
1048 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 2 Statement of claim in proceeding for order under section 174 of Companies Act 1993 r 31.3(2) The plaintiff says— 1 The [name of company] (the defendant company) was in 5 [month, year] incorporated/reregistered* under the Compan- ies Act 1993.

*Select one.

2 3 The registered office of the defendant company is at [full ad- dress of registered office].

For this paragraph select the statement that applies.
10 Statement A The affairs of the defendant company have been/are being/are likely to be* conducted in a manner that is [state whether oppressive, unfairly discriminatory, or unfairly prejudicial] to the plaintiff in the plaintiff’s capacity as a member/share- 15 holder† of the defendant company.

*Select one.

†Select one or specify other capacity.


Statement B An act/The acts* of the defendant company have been/are being/are likely to be* [state whether oppressive, unfairly discriminatory, or unfairly prejudicial] to the plaintiff in the 20 plaintiff’s capacity as a member/shareholder† of the defen- dant company.

*Select one.

†Select one or specify other capacity.

4 Omit this paragraph if the plaintiff is filing this document with- out employing a solicitor.
The plaintiff’s solicitor is [name and address of solicitor].

25 1049 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 2—continued Date: Signature*: (plaintiff/defendant/third party†) *If this document notifies a change of solicitor, it must be signed by the party per- sonally or by the party’s attorney.

†Select one.
†Select one.

1050 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 3 Notice of proceeding for putting company into liquidation or for order under section 174 of Companies Act 1993 rr 31.5(2), 31.6(3) To [name of company] (the defendant company) and Include the following address line if a liquidator or interim liquidator has been appointed, otherwise omit.

To [full name, address, description], the liquidator/interim liquid- ator* of the defendant company.

5 10 *Select one.
5 10 *Select one.

This document notifies you that— 1 For this paragraph select the statement that applies.

2 3 Statement A The plaintiff is, by a statement of claim (copy attached), ap- plying for an order that the defendant company be put into li- 15 quidation under the Companies Act 1993.

Statement B The plaintiff is, by a statement of claim (copy attached), ap- plying for an order in respect of the defendant company under section 174 of the Companies Act 1993.
The application will be heard in this court at [place, time, date].

Unless, within 10 working days after the date on which you are served with this notice, you file in this registry of the court a statement of your defence to the plaintiff’s claim (copy at- 25 tached), the plaintiff may proceed to a hearing and— 20 Select the statement that applies.

Statement A an order may be made for the liquidation of the defendant com- pany by the court under the Companies Act 1993.
30 Statement B an order may be made in respect of the defendant company under section 174 of the Companies Act 1993.

1051 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 3—continued Date: Signature: (plaintiff/solicitor for plaintiff*) *Select one.

Note: Please carefully read the memorandum attached to this notice.
Important information for recipient of notice 5 Legal advice 1 If you want to oppose this application or to appear at the hear- ing, it is essential that you consult a solicitor immediately be- cause a company— (a) can carry on proceedings in the court only by a solicitor; 10 and cannot appear to conduct a proceeding except by coun- sel (unless there are exceptional circumstances).
(b) Advertising 2 The application to put the defendant company into liquidation 15 under the Companies Act 1993 (or for the making of an order under section 174 of the Companies Act 1993 in respect of the defendant company) is to be advertised in the New Zealand Gazette and in a newspaper.

The advertisements will not be published until at least 5 work- 20 ing days after the date on which the defendant company is served with the statement of claim.
3 Omit the following heading and paragraphs 4 and 5 if the application is not an application to put the defendant company into liquidation.

Power of court to restrain advertising and stay proceedings 4 The court has power to make an order restraining the publica- tion of the advertisement and staying any further proceedings in relation to the liquidation.
25 1052 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 3—continued 5 The defendant company or, with the leave of the court, any creditor, shareholder of the defendant company, or the Regis- trar of Companies may apply for that order within 5 working days after the date of the service of the statement of claim on the defendant company.
5 Statement of defence If the last day for filing your statement of defence falls on a day on which the registry of the court is closed, you may file your statement of defence on the next day on which the registry is open.

Omit this paragraph if it conflicts with a direction by the court.

In calculating the time for filing your statement of defence, you must disregard the period that commences with 25 December and ends with 15 January.
If you file a statement of defence, you must also, within the 15 time permitted for filing it in the registry of the court, serve a copy of the statement on the plaintiff and on any other person who, when the statement of defence is filed, has filed a state- ment of defence in the proceeding.
If a statement of defence is not filed on behalf of the defendant 20 company within the time prescribed, counsel for the defendant company will not, without an order for extension of time or the special leave of the court, be allowed to appear at the hearing.

If a company wants to appear at a hearing it must do so by counsel—a company cannot appear in person.
25 Appearance by persons other than defendant company 10 A person (other than the defendant company) who intends to appear at the hearing of the application must file an appear- ance— (a) (b) stating that the person intends to appear; and For this paragraph select the statement that applies.

30 1053 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 3—continued Statement A indicating whether the person supports or opposes the appointment of a liquidator by the court.
Statement B indicating whether the person supports or opposes the 5 making of an order under section 174 of the Companies Act 1993.

11 12 13 If you file an appearance, you do not need to file a statement of defence.

You must file an appearance not later than the second working 10 day before the day appointed for the hearing.
If you fail to file an appearance within the time prescribed, nei- ther you nor counsel on your behalf will, without an order for extension of time or the special leave of the court, be allowed to appear at the hearing.

15 Registry hours 14 The registry hours of the court are from 9 am to 5 pm, except on court holidays.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
20 1054 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 4 Verifying affidavit I, [full name, place of residence, occupation], swear that those alle- gations in the statement of claim (a copy of which is attached to this affidavit and marked “A”) that relate to my own/my firm’s* acts and 5 deeds are true, and I believe to be true those allegations that relate to the acts and deeds of another person/other persons*.

r 31.5(2) *Select one.


Sworn at [place, date] Before me: [name, signature] (a solicitor of the High Court of New Zealand) 10 1055 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 5 Affidavit verifying statement of claim of limited company r 31.5(2) 2 I, [full name, place of residence, occupation], swear— 1 I have knowledge of the facts stated in this affidavit and am 5 duly authorised by the plaintiff to make this affidavit on its behalf.
Those statements in the statement of claim (a copy of which is attached to this document and marked “A”) that relate to the acts and deeds of the plaintiff are true, and I believe to be true 10 those statements that relate to the acts and deeds of another person/other persons*.

*Select one.
*Select one.

Sworn at [place, date] Before me: [name, signature] (a solicitor of the High Court of New Zealand) 15 1056 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 6 Advertisement of application for putting company into liquidation r 31.9(6) This document notifies you that— 1 On [date], an application for putting [full name of company] 5 into liquidation was filed in the High Court at [place].

Its ref- erence number is [court file number].


The application is to be heard by the High Court at [place, date, time].

A person, other than the defendant company, who wants to appear at the hearing of the application must file an appearance 10 not later than the second working day before that day.

The statement of claim and the verifying affidavit may be in- spected at the registry of the court or at the plaintiff’s address for service.
The plaintiff is [full name], whose address for service is [ad- 15 dress].

The plaintiff’s solicitor is [name], whose address is [address].

2 3 4 Date: Signature: (plaintiff/solicitor for plaintiff*) *Select one.
20 1057 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 7 Advertisement of application for order under section 174 of Companies Act 1993 r 31.9(6) Members of the public are notified that on [date] an application for an order under section 174 of the Companies Act 1993 in 5 respect of [full name of company] was filed in the High Court at [place].

The order sought is an order [specify nature of order sought].
The application is to be heard by the High Court at [place, date, time].

A person, other than the defendant company, who wants to appear at the hearing of the application must file an appearance not later than the second working day before that day.

The plaintiff is [full name], whose address for service is [ad- dress for service].

10 15 Note: You may obtain further information from the registry of the court or from the plaintiff or the plaintiff’s solicitor.
Date: Signature: (plaintiff/solicitor for plaintiff*) *Select one.

20 1058 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 8 Affidavit of service r 31.13(1) I, [full name, place of residence, occupation], swear— 1 For this paragraph select the statement that applies.

Statement A On [date] I served the defendant company with— (a) (b) (c) the statement of claim in this proceeding; and the verifying affidavit made by [full name, date]; and the notice of proceeding dated [date].
5 Statement B On [date] I served the defendant company with a statement of claim, verifying affidavit, and notice of proceeding (copies of which are attached to this document and marked “A”, “B”, and “C” respectively).

I served the documents on the defendant company at [place] 15 in New Zealand by [specify method by which service was ef- fected].
10 2 Signature of deponent: Sworn at [place, date] Before me: [name, signature] (a solicitor of the High Court of New Zealand) 20 1059 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 9 Appearance in support of (or in opposition to) application for putting company into liquidation (or for making of order under section 174 of Companies Act 1993) r 31.18 Complete and attach the memorandum as set out in form G 10.
1 I, [full name, address, description], intend to appear at the hearing of this proceeding.

For this paragraph select the statement that applies.

2 Statement A I support/oppose* the application for putting the defendant company into liquidation by the High Court.

*Select one.

5 10 Statement B I support/oppose* the application for putting the defendant into liquidation by the making of an order under section 174 15 of the Companies Act 1993.

*Select one.
*Select one.

3 For this paragraph select the statement that applies.

Statement A I am a creditor for $[amount] in the defendant company.

Statement B I am a contributory/shareholder* holding [number and class of shares held] shares in the defendant company.

*Select one.

20 Date: Signature: (solicitor/counsel* for person filing appearance) 25 *Select one.
1060 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 10 Notification to liquidator of order putting company into liquidation r 31.29(2) To [full name, full address] (the liquidator).

This document notifies you that the Honourable Justice/Associate 5 Judge* [name] today ordered that the defendant company be put into liquidation by the court under the Companies Act 1993.

*Select one.

Complete the following table.


Name of company Registered office Plaintiff’s solicitor Date of filing of statement of claim Date: Signature: (Registrar/Deputy Registrar*) *Select one.

10 1061 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 11 Notification to interim liquidator of appointment r 31.29(2) To [full name, full address] (the interim liquidator).
The Honourable Justice/Associate Judge* [name] today appointed [name of the Official Assignee or, if some other person has been ap- 5 pointed, the name, address, and description of that person] as interim liquidator for the period before an order putting the company into li- quidation is made.

*Select one.

Complete the following table.

Name of company Registered office Plaintiff’s solicitor Date of filing of statement of claim Date: Signature: (Registrar/Deputy Registrar*) *Select one.
10 1062 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 12 Order putting company into liquidation r 31.31(1) This document notifies you that— 1 The application made by the plaintiff [name] was determined by the Honourable Justice/Associate Judge* [name] on [date, 5 time].

*Select one.

2 3 4 This court orders that the defendant company be put into li- quidation by the court under the Companies Act 1993, and ap- points [full name of liquidator] as liquidator.
It also orders that the cost of $[amount] of the application be 10 paid out of the assets of the defendant company.
Before making this order, the court— (a) heard [name of counsel] for the plaintiff, and [name of counsel] for [description of other party or person]; and read the statement of claim and the affidavit of [full 15 name] verifying the allegations in the statement of claim; and sighted the advertisements for the statement of claim published in [specify date on which the advertisement appeared in the New Zealand Gazette, and name and 20 date of issue of any other newspapers containing an advertisement for the statement of claim]; and (b) (c) (d) Omit this paragraph if it does not apply.
[Specify any other evidence.]

Date: Signature: (Registrar/Deputy Registrar*) *Select one.

25 1063 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 13 Order appointing interim liquidator r 31.31(2) This document notifies you that— 1 The application made by the plaintiff [name] was determined by the Honourable Justice/Associate Judge* [name] on [date].

5 *Select one.

2 3 4 The court appoints [full name of interim liquidator] as interim liquidator of the defendant company.
The court also limits and restricts the powers of the interim liquidator to the following acts: [specify acts that the interim liquidator is to be authorised to do and the property of which 10 the interim liquidator is to take possession].

In making this order, the court read the following documents: [specify documents relied on by the court].

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
15 1064 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 14 General heading for notices in forms C 15 and C 16 r 31.37 In the High Court of New Zealand [Name of registry] Registry No: [number of proceeding] Under the Companies Act 1993 In the matter of the liquidation of [full name of company in liquid- ation] Between [full name of liquidator] (liquidator) And [full name, place of residence, occupation] (intended recipient of notice) 5 10 1065 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 15 Notice to set aside voidable transaction under Companies Act 1993 r 31.37 Complete and attach the memorandum as set out in form G 10.
To the Registrar of the High Court at [place] and To [full names of parties to be served] 5 This document notifies you that— 1 The liquidator [full name] of [full name of company in liquid- ation] (the company) wants to have set aside the following 10 transaction by the company that is voidable under section 292 of the Companies Act 1993: [details of transaction to be set aside, including dates, amounts, and nature].

The liquidator’s postal, email, and street addresses are [state addresses].
The company was put into liquidation when a liquidator was appointed on [date, time] by— 15 Select the statement that applies.

Statement A special resolution of those shareholders entitled to vote and 20 voting on the question.

Statement B the board of the company on the occurrence of an event spe- cified in the constitution.

Statement C the High Court at [place] under proceeding No [number], as a result of an application for the appointment of a liquidator that was filed on [date].
25 Statement D a resolution of the creditors passed at the watershed meeting 30 held under section 239AT of the Companies Act 1993.

The property or value that the liquidator wants to recover is [details of property or value].

2 3 4 1066 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 15—continued In giving this notice, the liquidator relies on the following grounds: [specify grounds].
You may object to the transaction being set aside by sending to the liquidator a written notice of objection that is received by the liquidator at his or her postal, email, or street address 5 within 20 working days after this notice has been served on you.

If you do object, your written notice of objection must contain full particulars of the reasons for objecting and must identify any documents that evidence or substantiate the reasons for 10 objecting.
If you do not object, within 20 working days after the liquid- ator’s notice has been served on you, the transaction will be set aside as against you.

If you do object, the liquidator may apply to the court for the 15 transaction to be set aside.

Date: Signature: (solicitor/counsel* for liquidator) *Select one.
20 Note Definition of working day (Companies Act 1993) working day means a day of the week other than— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Labour Day, and Waitangi Day; and a day in the period commencing with 25 December in any year 25 and ending with 2 January in the following year; and if 1 January in any year falls on a Friday, the following Mon- day; and if 1 January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday.
30 (b) (c) (d) 1067 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form C 16 Notice to set aside voidable charge under Companies Act 1993 To the Registrar of the High Court at [place] and To [full names of parties to be served] r 31.37 5 This document notifies you that— 1 The liquidator [full name] of [full name of company in liquid- ation] (the company) wants to have set aside the following charge by the company that is voidable under section 293 of 10 the Companies Act 1993: [details of charge to be set aside, including dates, amounts, and nature].
The liquidator’s postal, email, and street addresses are [state addresses].

The company was put into liquidation when a liquidator was 15 appointed on [date, time] by— Select the statement that applies.

Statement A special resolution of those shareholders entitled to vote and voting on the question.

20 Statement B the board of the company on the occurrence of an event spe- cified in the constitution.
Statement C the High Court at [place] under proceeding No [number], as a 25 result of an application for the appointment of a liquidator that was filed on [date].

Statement D a resolution of the creditors passed at the watershed meeting held under section 239AT of the Companies Act 1993.

In giving this notice, the liquidator relies on the following grounds: [specify grounds].
You may object to the charge being set aside by sending to the liquidator a written notice of objection that is received by the 30 2 3 4 5 1068 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form C 16—continued liquidator at his or her postal, email, or street address within 20 working days after this notice has been served on you.
If you do object, your written notice of objection must contain full particulars of the reasons for objecting and must identify any documents that evidence or substantiate the reasons for 5 objecting.

If you do not object, within 20 working days after the liquid- ator’s notice has been served on you, the transaction will be set aside as against you.

If you do object, the liquidator may apply to the court for the 10 charge to be set aside.
6 7 8 Date: Signature: (solicitor/counsel* for liquidator) *Select one.
15 Note Definition of working day (Companies Act 1993) working day means a day of the week other than— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Labour Day, and Waitangi Day; and a day in the period commencing with 25 December in any year 20 and ending with 2 January in the following year; and if 1 January in any year falls on a Friday, the following Mon- day; and if 1 January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday.
25 (b) (c) (d) 1069 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 1 Request for issue of bankruptcy notice Insert a heading that conforms with rule 24.5 and describes the par- ties as judgment creditor and judgment debtor respectively.

To the Registrar of the High Court at [place] 1 r 24.8(1) 5 I, [full name, address, description of judgment creditor], re- quest that the court issue a bankruptcy notice against [full name, address, and description of judgment debtor].
If rule 24.13 requires a different statement, substitute that for this paragraph.

The judgment debtor, [name], has for the greater part of the past 6 months resided at [full address] or carried on business at [full address] within the district of this court.

I produce a certified copy of a final judgment or final order against [name of judgment debtor], obtained by me in the 15 [name] court on [date].

Execution on the judgment has not been stayed.


10 2 3 4 Date: Signature: (judgment creditor/solicitor for judgment creditor*) *Select one.

20 1070 Judicature Modernisation Bill Schedule 1 High Court Rules—continued r 24.8(3) Form B 2 Bankruptcy notice Insert a heading that conforms with rule 24.5 and describes the par- ties as judgment creditor and judgment debtor respectively.
To [full name and address of judgment debtor] 1 Within [10 working days, or, if the notice is served outside New Zealand, the period specified in the order for service] after you are served with this notice (excluding the day of service)— (a) 5 you must pay to the judgment creditor, [full name, ad- dress], $[amount], either in person or at the address for 10 service of the judgment creditor (or the solicitor for the judgment creditor).
This amount is the amount the judg- ment creditor claims is due (or remains unpaid) on a fi- nal judgment or final order, on which execution has not been stayed, that the judgment creditor obtained against 15 you in the [name of court] on [date]; or you must secure or enter into a new formal agreement with the judgment creditor or, alternatively, obtain the High Court’s approval of terms of payment; or you must satisfy the High Court that you have a coun- 20 terclaim, set-off, or cross-demand against the judgment creditor— (i) that equals or exceeds the amount claimed by the judgment creditor; and that you could not put forward in the action or 25 proceeding in which the judgment or order was obtained.
(ii) (b) (c) 2 3 The judgment creditor also claims costs against you of $[amount], which includes— (a) (b) A certified copy of the judgment or order on which this bankruptcy notice is based is attached.

a fee of $[amount] for filing this notice; and a fee of $150 for serving this notice.

30 Date: 1071 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 2—continued (Deputy Registrar) Please carefully read the following information.
Notes Consequences of not complying with notice If you do not comply with paragraph 1, you will have committed an 5 act of bankruptcy on which bankruptcy proceedings may be taken against you.
Procedure for counterclaiming, etc If you consider you have a counterclaim, set-off, or cross-demand against the judgment creditor that comes within paragraph 1(c), or 10 you wish to seek the court’s approval of terms of payment, you must, within 10 working days from the date of receiving this notice, apply to the High Court.

Your application must be supported by affidavit.

You must, within the same time, also serve a copy of the application and supporting affidavit on the judgment creditor.
15 Costs If you do not dispute the claim for costs, you must, within 10 working days, pay the costs claimed to the judgment creditor, either in person or at the address for service of the judgment creditor (or the solicitor for the judgment creditor), unless— (a) the amount claimed has been secured or has become the sub- ject of a new formal agreement to the judgment creditor’s sat- isfaction or to the satisfaction of the High Court; or the amount of any counterclaim, set-off, or cross-demand that you advance is sufficient to cover the costs claimed as well as 25 the amount specified in paragraph 1(a).
(b) 20 If you dispute the claim for costs, you must, within 10 working days, apply to the High Court to fix costs.

1072 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 2—continued If you do not pay the costs claimed or dispute the claim for costs, you will commit an act of bankruptcy for which you may be adjudicated bankrupt.

This notice is issued by [name and address of judgment creditor] in person by [full name and address for service of solicitor for judgment 5 creditor]*.
*Select one.

Note: The amount claimed for costs in paragraph 2 must be deter- mined as if the proceeding were a category 2 proceeding specified in Schedule 2 of the High Court Rules and the time allocation were the time allocation for item 17 and band B specified in Schedule 3 of the 10 High Court Rules.
1073 5 10 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 3 Creditor’s application for adjudication order Complete this application in accordance with the requirements of rule 24.5.

To the Registrar of the High Court at [place] and To [full name of debtor] r 24.11(1) This document notifies you that— 1 2 The creditor of [full name, address of debtor] will on [date] at [time] ask the court to make orders— (a) adjudicating [full name of debtor] bankrupt; and as to costs.
(b) The creditor claims that— (a) the debtor has, for the greater part of the past 6 months, resided at/carried on business at [full address]* [or state 15 other relevant facts under rule 24.13]; and *Select one.
(b) (c) (d) the debtor owes the creditor [amount and particulars of debt, including when it is payable]; and the debtor has committed an available act of bankruptcy, as follows: [state particulars, including date, of the act 20 of bankruptcy]; and the creditor has no security for the debt/is a secured creditor as follows: [state particulars of the security]*.

*Select one.

3 The creditor’s name and address is [creditor’s full name and address].
25 Dated at [place, date] Applicant creditor: Witness: Signature: 1074 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 3—continued (Deputy Registrar/Registrar/solicitor/Justice of the Peace*) *Select one.
1075 Schedule 1 Judicature Modernisation Bill High Court Rules—continued r 24.11(3) Form B 4 Affidavit supporting creditor’s application for adjudication Insert a heading that conforms with rule 24.5 and describes the par- ties as judgment creditor and judgment debtor respectively.

I, [full name, address, description of applying creditor], the appli- cant, swear— Select the statement that applies.
Statement A The statements I make in the accompanying application are, to the 10 best of my knowledge, information, and belief, true.

Statement B I am a person having knowledge of the facts to which the accom- panying application relates.

The statements in the application are, to the best of my knowledge, information, and belief, true.
15 5 Signature: (applicant creditor/deponent*) Sworn at [place, date] Before me: [name, signature] (a solicitor of the High Court of New Zealand/Registrar/Deputy 20 Registrar/Notary Public*) *Select one.
Note If the applicant cannot state on oath that the statements in the appli- cation are, to the best of the applicant’s knowledge and belief, true, the applicant must set out the statements that the applicant can swear 25 to the truth of, and file a further affidavit by some person or persons who can swear to the truth of the remaining statement(s).
1076 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 5 Summons to debtor Insert a heading that conforms with rule 24.5 and describes the par- ties as judgment creditor and judgment debtor respectively.

To [full name, address, description of debtor] 1 r 24.11(3) 5 You are summoned to attend before the High Court at [place, time, date] (the hearing date).

[Full name, address, description of applicant] has filed an ap- plication in this court to adjudicate you bankrupt.
The court will consider whether you should be adjudicated 10 bankrupt on the following grounds: [specify grounds].
If, by the hearing date, you have not paid the amount of $[amount specified in the creditor’s application] to the ap- plicant, either in person or at the address for service of the applicant (or solicitor for the applicant), or you have not paid 15 or disputed the amount of the costs claimed by the applicant in the bankruptcy notice served on you, the applicant is en- titled to ask the court to adjudicate you bankrupt.
The applicant also claims costs against you of $[amount], which includes a fee for filing this summons of $[amount] 20 and a fee of $[amount] for serving this summons.

If you do not dispute the claim for costs in paragraph 5, you must, by the hearing date, pay those costs, either in person or at the address for service of the applicant (or the solicitor for the applicant).
If you dispute the claim for costs, you may,— (a) (b) You are not required to attend the hearing and no warrant will be issued if you do not attend, but if you do not attend the 30 hearing the court will proceed in your absence.
If you intend to oppose the making of an order of adjudication you must, by 1 pm on the last working day before the hearing date, file a notice of opposition in form B 6, together with an affidavit in support of the opposition, and serve a copy of those 35 documents on the applicant creditor.

before the hearing date, apply to the court to fix costs; or at the hearing, apply orally to the court to fix costs.
25 1077 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 5—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.

This summons is issued by [full name and address for service of ap- plicant] in person/by [full name and address for service of solicitor 5 for applicant]*.

*Select one.
*Select one.

Note The amount claimed for costs in paragraph 5 must be determined as if the proceeding were a category 2 proceeding specified in Schedule 2 of the High Court Rules, and the time allocation were the time 10 allocation for item 19 and band B specified in Schedule 3 of the High Court Rules.
1078 Judicature Modernisation Bill Schedule 1 High Court Rules—continued r 24.18 Form B 6 Notice by debtor of intention to oppose application Insert a heading that conforms with rule 24.5 and describes the par- ties as judgment creditor and judgment debtor respectively.
To [full name and address for service of (solicitor for) applicant cred- itor] and To the Registrar of the court at [place] This document notifies you that— 1 2 I, [full name, address, description of debtor], intend to oppose the making of an order of adjudication as sought in the appli- cation.

I intend to dispute the applicant creditor’s debt/the act of bankruptcy*— (a) (b) on the following grounds: [specify grounds]; and on the evidence contained in the affidavit filed in sup- port of this notice.
*Select one.

Date: Signature: (debtor) 1079 5 10 15 20 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 7 Warrant to search for and seize bankrupt’s property under section 150 or 151 of Insolvency Act 2006 r 24.4(5) 2 Insert a heading that conforms with rule 24.5.

To [the Official Assignee or other authorised person] 1 [Full name, address, description of bankrupt] was adjudicated a bankrupt on [date].
You and your assistants are authorised to— (a) (b) enter and search [specify locality]; and seize all or any part of the property of the bankrupt in the custody or possession of the bankrupt or any other person; and if necessary to effect that seizure,— (i) 5 10 (ii) to break open any building or room of the 15 bankrupt where the bankrupt is believed to be; and to break open any building, room, or receptacle of the bankrupt where any of the bankrupt’s prop- erty is believed to be; and to seize and take possession of that property; and (iii) Include this paragraph only in a warrant under section 150 of the Insolvency Act 2006, otherwise omit.
seize any document relating to the bankrupt’s property, conduct, or dealings.

20 25 (c) (d) 3 You must safely detain and keep in your possession anything that you have seized until it is disposed of or dealt with by the Official Assignee in accordance with the Insolvency Act 2006.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
1080 30 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 8 Notice of objection to discharge r 24.36(1) Insert a heading that conforms with rule 24.5.

To the Registrar of the High Court at [place] This document notifies you that I, the Official Assignee/[full name, 5 address, description of creditor]*, object to the automatic discharge of the bankrupt.

*Select one.

Omit the following statement if the Official Assignee is objecting.
A copy of the order of the court permitting the objection is attached.

Date: Signature: (Official Assignee/Deputy Official Assignee/creditor*) 10 *Select one.

1081 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 9 Proposal by insolvent to creditors under subpart 2 of Part 5 of Insolvency Act 2006 r 24.42 Insert a heading that conforms with rule 24.5.
To the Registrar of the court at [place] I, [full name, address, description of insolvent person] (the insol- vent), submit the following proposal under the Insolvency Act 2006: That payment/satisfaction* of my debts to the secured credit- 1 ors will be made in the following manner: [specify terms of proposal in respect of secured claims].

*Select one.
*Select one.

5 10 That payment/satisfaction* of debts directed by the Insolvency Act 2006 to be paid in priority to all other debts in the distri- bution of the property of a bankrupt will be made as follows: [specify terms of proposal in respect of preferred claims].

*Select one.
*Select one.

That provision for payment of all proper fees and expenses of 15 the trustee on and incidental to the proceedings arising out of the proposal will be made in the following manner: [specify terms of proposal in respect of fees and expenses of trustee].

For this paragraph select the statement that applies.

Statement A That a dividend of $[amount] will be paid on all unsecured debts.

20 Statement B [Specify terms of proposal in respect of unsecured claims.]

[Specify terms of any other offer.]


That the money payable under this proposal will be paid over to the trustee, [full name, address], and the payment of the money will be secured in the following manner: [list full names and addresses of sureties, if any, and specify terms of any proposed security or charge or guarantee].

That [full name, address] is willing to act as trustee in terms of this proposal.
25 30 1082 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 9—continued Date: Signature: (insolvent) I am willing to act as trustee in terms of this proposal.

Date: Signature: (trustee) 5 1083 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 10 Statement of affairs and affidavit r 24.42 Insert a heading that conforms with rule 24.5.
Statement showing the assets, debts, and liabilities of [full name, ad- dress, description of insolvent person] (the insolvent).
5 $ Assets Stock-in-trade at [place], estimated at Book debts, estimated to produce Cash in hand Cash in [name of bank] Furniture and other personal property according to list attached and marked “A” Real property according to list attached and marked “B” Surplus from securities in hands of secured creditors Other assets Total assets Debts and liabilities Unsecured creditors according to list attached and marked “C” Secured creditors according to list attached and marked “D” Less estimated value of securities Surplus Other liabilities according to list attached and marked “E” Total debts I, [full name, address, description of insolvent person], swear that the above statement and the lists marked “A”, “B”, “C”, “D”, and “E” are a correct statement of my assets, debts, and liabilities, the names and addresses of my creditors, and the securities held by them.
Sworn at [place, date] (insolvent person) Before me: [name, signature] (a solicitor of the High Court of New Zealand/Registrar/Deputy Registrar/Notary Public*) 10 *Select one.

1084 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 11 Report of trustee on proposal r 24.43 Insert a heading that conforms with rule 24.5.
I, [full name, address, description of trustee], the trustee named in the proposal of [full name, address, description of insolvent] (the in- 5 solvent), report to the court as follows: 1 The insolvent on [date] lodged a proposal in the court.

A cor- rect copy (marked “A”) is attached.


On [date], I gave notice to every known creditor affected by the proposal (the names and addresses of whom are listed in 10 the document marked “B” attached) that a meeting of creditors would be held on [date] to consider the proposal.
The notice was accompanied by the following: (a) a statement of the assets, debts, and liabilities of the insolvent: a list of the insolvent’s creditors affected by the proposal and showing the amounts of their claims: a copy of the insolvent’s proposal, a form of proof of debt, and a voting letter.

15 (b) (c) I attach correct copies of the notice (marked “C”), the state- 20 ment of affairs (marked “D”), and the list of creditors (marked “E”).
The meeting of creditors was held on [date] and was presided over by [full name].

For this paragraph select the statement that applies.

25 Statement A The proposal was accepted by the required majority of credit- ors.

Statement B The proposal was amended at the meeting and was accepted 30 by the required majority of creditors (as amended).

A correct copy of the resolution of the meeting (marked “F”) is attached.
In my opinion— (a) the assets of the insolvent and their fair realisable value 35 are as follows: [details of assets, giving the value as 1085 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 11—continued (b) (c) carried on the books of the insolvent and the trustee’s estimate in each case of their realisable value]: the debts and liabilities of the insolvent are as follows: [details of debts and liabilities, including whether se- cured, preferred, or unsecured, and pointing out dis- 5 crepancies (if any) between debts and liabilities as de- clared by the insolvent and as subsequently proved and admitted by the trustee]: For this paragraph select the statement that applies.
Statement A the debtor’s proposal is an advantageous one for the creditors for the following reasons: [specify fully the reasons of the trustee].

10 Statement B the debtor’s proposal is not advantageous for the credit- 15 ors for the following reasons: [specify fully the reasons of the trustee].
20 Date: Signature: (trustee) 1086 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 12 Account of assets, debts, etc, of deceased person verified by affidavit r 24.45(2) Insert a heading that conforms with rule 24.5.

Statement showing the assets, debts, and liabilities of the estate of 5 [full name, former address of deceased] (the deceased).
Assets $ Stock-in-trade at [place], estimated at Book debts, according to list attached and marked “A” Cash in hand Cash in [name of bank] Household furniture and effects Real property according to list attached and marked “B” Surplus from securities in hands of secured creditors Other assets according to list attached and marked “C” Total assets Debts and liabilities Unsecured creditors, according to list attached and marked “D” Secured creditors according to list attached and marked “E” Less estimated value of securities Surplus Other liabilities, according to list attached and marked “F” Total debts According to the above statement there appears to be a deficiency in the estate amounting to $[amount].
I, [full name, address, description of administrator], swear— 1 2 That I am the administrator of the estate.

That the above statement and the lists marked “A”, “B”, “C”, “D”, “E”, and “F” show the assets, debts, and liabilities of the deceased so far as they are known to me.
10 Signature: 1087 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 12—continued (administrator) Sworn at [place, date] Before me: [name, signature] (a solicitor of the High Court of New Zealand/Registrar/Deputy Registrar/Notary Public*) 5 *Select one.
1088 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 13 Certificate by Public Trust or Māori Trustee of election to administer under Part 6 of Insolvency Act 2006 r 24.49 Insert a heading that conforms with rule 24.5.

The Public Trust/Māori Trustee*, certifies as follows: 5 *Select one.

1 For this paragraph select the statement that applies.

Statement A The [Public Trust or Māori Trustee] is the executor under the will of the deceased, which was proved in this court on [date].
10 Statement B The [Public Trust or Māori Trustee] is the administrator of the estate of the deceased under an order to administer the estate granted to the [Public Trust or Māori Trustee] on [date].

The [Public Trust or Māori Trustee] has control of the estate, 15 and is satisfied that the assets of the deceased that are available, or reasonably likely to be available, are not sufficient to meet the various claims on the estate, and that the estate appears to be insolvent.
Under the circumstances, the [Public Trust or Māori Trustee] 20 elects to administer the estate under Part 6 of the Insolvency Act 2006, and makes this certificate accordingly.

2 3 Date: Signature: (signed for the Public Trust/by the Māori Trustee*) 25 *Select one.
Sealed: [name, date] Witness: [name, address, description] 1089 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 13—continued Note When this certificate is filed it has the effect of both an application for the estate to be administered, and an order that the estate be admin- istered, under Part 6 of the Insolvency Act 2006.

See section 386(2) of the Insolvency Act 2006.


5 1090 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 14 Originating application to cancel irregular transaction under section 206 of Insolvency Act 2006 r 24.35(2) Insert a heading that conforms with rule 24.5.
To the Registrar of the court at [place] and To [full names of parties to be served] 5 This document notifies you that— The Assignee of [full name, address of bankrupt person] will 10 on [date] at [time] ask the court to— (a) order the cancellation of the irregular transaction iden- tified in paragraph 4 of this application: (b) make the following additional orders: [specify].

[Full name of bankrupt person] was adjudicated bankrupt on 15 [date].
The property or value that the Assignee wants to recover is [details of property or value].

The transaction claimed to be irregular is described in the at- tached notice, which was filed and served under section 206(2) 20 of the Insolvency Act 2006.

The transaction is claimed to be irregular because it was an insolvent transaction/insolvent charge/insolvent gift*.

*Select one.

The Assignee relies on the following matters in support of the claim in paragraph 5: [specify matters with particularity].
The Assignee relies on the following evidence: [list any affi- davits filed or to be filed].
A person who, having been served with this application, wants to oppose the making of an order referred to in paragraph 1— (a) is advised to consult a solicitor for that purpose without 30 delay: 25 (b) must comply with the procedural rules set out in Part 18 of the High Court Rules: 1091 5 10 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 14—continued (c) must file and serve a notice of opposition (in form G 33 of the High Court Rules) to the application within the earlier of— (i) 10 working days after being served with this ap- plication: 3 working days before the hearing date for this application.
(ii) Date: Signature: (Assignee/counsel for the Assignee*) *Select one.

Note The notice filed and served under section 206(2) of the Insolvency Act 2006 and the written notice of objection received by the Assignee under section 206(4) must both be attached to this application.
1092 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 15 Originating application to order retransfer of property or payment of value under section 207 of Insolvency Act 2006 Insert a heading that conforms with rule 24.5.
To the Registrar of the High Court at [place] and To [full names of parties to be served] r 24.35(3) 5 This document notifies you that— 1 The Assignee of [full name, address of bankrupt person] will 10 on [date] at [time] ask the court to— (a) For this paragraph select the statement that applies.

Statement A order the retransfer to the Assignee of the property/an interest in the property* described in paragraph 2 of this 15 application: *Select one.
Statement B order the payment to the Assignee of a sum of money: (b) make the following additional order: [specify any ad- ditional order sought under section 207(2), otherwise 20 omit this paragraph].

[Specify property or interest in property or sum of money to which the application refers.]

The Assignee relies on the following matters as justifying the orders asked for in this application: [specify matters with par- 25 ticularity].
The Assignee relies on the following evidence: [list any affi- davits filed or to be filed].
A person who, having been served with this application, wants to oppose the making of an order referred to in paragraph 1— 30 is advised to consult a solicitor for that purpose without (a) delay: 2 3 4 5 1093 5 10 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 15—continued (b) must comply with the procedural rules set out in Part 18 of the High Court Rules: (c) must file and serve a notice of opposition (in form G 33 of the High Court Rules) to the application within the earlier of— (i) 10 working days after being served with this ap- plication: 3 working days before the hearing date for this application.
(ii) Date: Signature: (Assignee/counsel for the Assignee*) *Select one.

1094 Judicature Modernisation Bill Schedule 1 High Court Rules—continued Form B 16 Order adjudicating debtor bankrupt Before the Honourable Justice/Associate Judge* [name, date, time] Date Time r 24.11 5 *Select one.
On the application of [name, place of residence, occupation], a cred- itor of the debtor, the court orders that [full name, residential address, occupation] be adjudicated bankrupt and that the creditor be allowed costs and disbursements of $[amount].

Date: Deputy Registrar 10 1095 Schedule 1 Judicature Modernisation Bill High Court Rules—continued Form B 17 Appointment of Official Assignee as receiver and manager r 24.24 Before the Honourable Justice/Associate Judge* [name] *Select one.
On the application of [name, place of residence, occupation], a cred- 5 itor of the debtor, the court orders that the Official Assignee be ap- pointed as receiver and manager of all/the following part* of the debtor’s property†.

*Select one.

†If part only, specify that part precisely.

Date: Deputy Registrar 10 Note Three copies of this order must be filed in the court immediately after the making of the order.
1096 Judicature Modernisation Bill Schedule 2 High Court Rules—continued Schedule 2 Appropriate daily recovery rates r 14.4 Note: The following are the appropriate daily recovery rates for the categories of proceedings referred to in rule 14.3.
Category of proceedings (rule 14.3) 1 2 3 Appropriate daily recovery rate ($) 1,320 1,990 2,940 5 1097 Schedule 3 Judicature Modernisation Bill High Court Rules—continued Schedule 3 Time allocations r 14.5 General civil proceedings Allocated days or part days Commencement Commencement of proceeding by plaintiff Commencement of defence by defen- dant Other pleadings and notices Reply Counterclaim Cross-notice between defendants Third party notice and statement of claim Notice of appearance Notice of appearance with protest to jurisdiction Pleading in response to amended pleading (payable regardless of out- come except when formal or consented to) Case management Preparation for first case manage- ment conference (including discussion about discovery) Filing memorandum for first or subse- quent case management conference or mentions hearing Appearance at mentions hearing or callover Appearance at first or subsequent case management conference Preparation for and appearance at issues conference Preparation for and appearance at pre- trial conference A 1.6 1 0.4 0.8 0.6 1.2 0.2 0.3 0.3 B 3 2 0.8 1.6 1.2 2.4 0.2 0.6 0.6 0.2 0.4 0.2 0.4 0.2 0.3 – – 0.2 0.3 0.5 0.5 C Judicature Modernisation Bill Schedule 3 High Court Rules—continued General civil proceedings Allocated days or part days 26 27 28 29 30 31 32 33 34 35 Interrogatories, discovery and inspec- tion Notice to answer interrogatories Answer to
 interrogatories Notice to admit facts Admissions of facts List of documents on discovery Inspection of documents Interlocutory applications (including applications for summary judgment and for review of interlocutory deci- sions) Filing interlocutory application Filing opposition to interlocutory ap- plication Preparation of written submissions Preparation by applicant of bundle for hearing Appearance at hearing of defended ap- plication for sole or principal counsel Second and subsequent counsel if al- lowed by
 court Obtaining judgment without appear- ance Sealing order or judgment Trial preparation and appearance Plaintiff’s or defendant’s preparation of briefs or affidavits Plaintiff’s preparation of list of issues, authorities, and common bundle Defendant’s preparation of list of issues, authorities, and common bun- dle Preparation for hearing The time occupied by the hearing measured in quarter days 50% of allowance for appearance for principal counsel 0.3 0.5 0.3 0.2 1.5 1.5 1 2 0.2 2.5 2.5 2 3 0.2 5 5 4 5 Appearance at hearing for sole or prin- cipal counsel Second and subsequent counsel if al- lowed by court The time occupied by the hearing measured in quarter days 50% of allowance for appearance for principal counsel 1099 Schedule 3 Judicature Modernisation Bill High Court Rules—continued General civil proceedings Allocated days or part days Other steps in proceeding not specific- ally mentioned Originating applications Filing application and supporting affi- davits Filing note of opposition and support- ing affidavits Case management (as for ordinary pro- ceeding) Preparation of written submissions Preparation by applicant of bundle for hearing Appearance at hearing for sole or prin- cipal counsel Second and subsequent counsel if al- lowed by court Bankruptcy proceedings Filing and serving bankruptcy notice Filing application for adjudication by creditor Appearance
 at hearing Supporting party on bankruptcy Company liquidation proceedings Issuing statutory demand Filing statement of claim and other documents Appearance at hearing Supporting party on liquidation Appeals Commencement of appeal or cross-ap- peal Commencement of response to appeal or cross-appeal Case management (as for ordinary pro- ceeding) Preparation of Case on Appeal Preparation of written submissions 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 1100 As allowed by the court 1 1 0.5
 0.4 2 2 1.5 0.6 6 6 3 1 The time occupied by the hearing measured in quarter days 50% of allowance for appearance for principal counsel Judicature Modernisation Bill Schedule 3 High Court Rules—continued General civil proceedings Allocated days or part days 57 58 Appearance at hearing for sole or prin- cipal counsel Second and subsequent counsel if al- lowed by court Australian judgment proceedings 58A Preparing and filing an application under section 56 of the Trans-Tasman Proceedings Act 2010 to register in the court an Australian judgment Enforcement of judgment or order The time occupied by the hearing measured in quarter days 50% of allowance for appearance for principal counsel 0.3 0.3 0.3 59 60 61 62 Charging order without application Charging order with application, in- cluding any unopposed order Sale order, property Other enforcement process including sale of seized 0.3 0.5 0.5 0.5 0.3 0.5 0.5 0.5 1 1.4 0.7 0.7 1101 Schedule 4 Judicature Modernisation Bill High Court Rules—continued Schedule 4 Code of conduct for expert witnesses r 9.43 Duty to the court 1 An expert witness has an overriding duty to assist the court impartially on relevant matters within the expert’s area of ex- 5 pertise.
An expert witness is not an advocate for the party who engages the witness.
2 Evidence of expert witness 3 In any evidence given by an expert witness, the expert witness 10 must— (a) (b) (c) (d) (e) (f) (g) acknowledge that the expert witness has read this code of conduct and agrees to comply with it: state the expert witness’ qualifications as an expert: state the issues the evidence of the expert witness ad- 15 dresses and that the evidence is within the expert’s area of expertise: state the facts and assumptions on which the opinions of the expert witness are based: state the reasons for the opinions given by the expert 20 witness: specify any literature or other material used or relied on in support of the opinions expressed by the expert witness: describe any examinations, tests, or other investigations 25 on which the expert witness has relied and identify, and give details of the qualifications of, any person who car- ried them out.
If an expert witness believes that his or her evidence or any part of it may be incomplete or inaccurate without some qualifica- 30 tion, that qualification must be stated in his or her evidence.

If an expert witness believes that his or her opinion is not a concluded opinion because of insufficient research or data or for any other reason, this must be stated in his or her evidence.
4 5 1102 Judicature Modernisation Bill Schedule 4 High Court Rules—continued Duty to confer 6 An expert witness must comply with any direction of the court to— (a) (b) confer with another expert witness: try to reach agreement with the other expert witness 5 on matters within the field of expertise of the expert witnesses: prepare and sign a joint witness statement stating the matters on which the expert witnesses agree and the matters on which they do not agree, including the rea- 10 sons for their disagreement.
(c) 7 In conferring with another expert witness, the expert witness must exercise independent and professional judgment, and must not act on the instructions or directions of any person to withhold or avoid agreement.
15 1103 (c) (d) (e) Issues 1 2 3 Schedule 5 Judicature Modernisation Bill High Court Rules—continued Schedule 5 Matters for consideration at case management conference rr 7.3, 7.4 5 Note: The presiding Judge will expect the parties at the first case management conference to have— (a) (b) provided initial disclosure in accordance with rule 8.4: carefully considered the pleadings and the principal docu- ments disclosed with them: discussed and endeavoured to agree on an appropriate discov- ery order and the manner in which inspection will take place, 10 in accordance with rule 8.11: discussed and endeavoured to agree on the matters for consid- eration listed in this schedule: filed and served a joint memorandum or separate memoranda in accordance with rules 7.3 and 8.11.
15 Resolution and refinement of the issues, and as a consequence whether the pleadings require amendment.

Whether additional parties should be joined.

Whether this proceeding has been appropriately categorised 20 and is either an ordinary defended proceeding or a complex defended proceeding.

Discovery and other interlocutory applications 4 5 The scope, terms, and timetable for any discovery.
If any interlocutory applications have been filed or will be 25 filed, whether they can be heard and disposed of at the case management conference.

Readiness for trial 6 Is the case sufficiently ready for a fixture date to be allocated in the near future?

30 1104 Judicature Modernisation Bill Schedule 5 High Court Rules—continued 7 If there are still outstanding issues, whether a further case management conference or an issues conference should be timetabled.
Fixture or hearing 8 If the proceeding is ready to go for a hearing or a trial,— when should the close of pleadings date be?

(a) should there be a pre-trial conference?

(b) what is the estimated length of trial?

(The Judge will (c) estimate this by the number of witnesses and the esti- mate of duration of their testimony.)

(d) what timetable is required for written briefs?


(e) 5 10 is expert evidence required and, if so, what are the pro- posals for that evidence (including prior exchange and how the witnesses are to be heard)?

are any special resources or requirements needed for the 15 hearing?

can the proceeding be placed on a short-notice list or put down as a back-up fixture?

is alternative dispute resolution suitable to try to facili- tate settlement prior to trial?
what is the categorisation of the proceeding in relation to costs?

20 (f) (g) (h) (i) Other 9 Any other matters, provided that those matters have been dis- cussed between the parties at least 5 working days before the 25 conference.

1105 Schedule 6 Judicature Modernisation Bill High Court Rules—continued Schedule 6 Standard directions for appeals r 7.14 The appeal will be heard at [time, date]/at a time and date to be allocated by the Registrar*.

*Select one.
*Select one.

15 The time for the hearing is estimated to be [half-days or days].

5 The appeal is categorised as a category [type] proceeding for the purposes of rule 14.3.

The appeal is to proceed as determined by rule 20.8(1) or by any direction given under rule 20.8(3) in the [specify] registry.

The appellant must pay security in the sum of $[amount] not 10 later than 10 working days after the conference.
Unless detailed and specific points on appeal have been in- cluded in the notice of appeal, the appellant must file and serve, not later than 10 working days after the conference, points on appeal that clearly state the issues on appeal.
If the appeal involves a significant issue under the New Zealand Bill of Rights Act 1990, or an issue affecting New Zealand’s international obligations or the Crown’s obligations under the Treaty of Waitangi, or an issue arising in the ap- peal is otherwise of significant public interest, the Judge may 20 direct that the Solicitor-General be served with the notice of appeal and with documents subsequently filed in the appeal.
In other cases, the parties must advise the Judge whether they consider that an amicus curiae should be appointed.
The appellant must file and serve, not later than 20 working 25 days after the conference, a common bundle of paginated and indexed copies of all relevant documents, including, if applic- able,— (a) (b) (c) (d) (e) (f) the reasons for the decision; and the sealed order or judgment appealed from; and the pleadings; and the statements of evidence or affidavits; and the exhibits; and the notes of evidence, to the extent that they are relevant to the issues on appeal; and any other documents, if possible in date sequence.
30 35 (g) 1106 Judicature Modernisation Bill Schedule 6 High Court Rules—continued If a party insists on including a document in the common bun- dle even though another party objects to its inclusion on the ground that it is unnecessary or irrelevant, the objection must be recorded for the purpose of any award of costs relating to the inclusion of the document.
The appellant must file and serve, not later than 25 working days after the conference,— (a) (b) The appellant’s submissions must be not more than 30 pages 10 in length, unless a Judge permits an extension, and use 1.5 line spacing, and must contain— (a) the appellant’s submissions; and a chronology (if relevant).

references to any specific passages in the evidence that the appellant will refer to at the hearing; and a list of the names and correct citations of any author- 15 ities mentioned.
(b) 5 The respondent must file and serve, not later than 30 working days after the conference,— (a) submissions that meet the requirements set out in clause 11; and if the respondent disagrees with the appellant’s chronol- ogy, a separate chronology noting areas of disagree- ment.

(b) 20 The appellant must prepare a bundle of any authorities referred to in the submissions provided in accordance with clauses 10 25 and 11 that the appellant or the respondent considers ought to be produced to the court.
The bundle may be produced at the hearing of the appeal or filed before the appeal is heard.

If the appeal is to be heard by a single Judge, 1 copy of each document must be filed.

If the appeal is to be heard by a full court, 2 copies of each document must be filed.
30 1107 Schedule 7 Judicature Modernisation Bill High Court Rules—continued Schedule 7 Standard directions for appeals by way of case stated and references under Part 21 r 7.25(2) 5 The appeal will be heard (at [time] on [date]) [or] (at a time and date to be allocated by the Registrar).

The time for the hearing is estimated to be [half days or days].

The appeal is categorised as a category [type] proceeding for the purposes of rule 14.3.
The appellant must pay security in the sum of $[amount] not later than 10 working days after the conference [if ordered 10 under rule 21.13].

The appellant must file and serve no later than 25 working days after the conference— (a) (b) The appellant’s submissions must contain— (a) the appellant’s submissions; and a chronology (if relevant).
references to any specific passages in the evidence that the appellant will refer to at the hearing; and a list of the names and correct citations of any author- ities mentioned.

(b) 20 15 The respondent must file and serve, not later than 30 working days after the conference,— (a) submissions that meet the requirements set out in clause 6; and if the respondent disagrees with the appellant’s chronol- 25 ogy, a separate chronology noting areas of disagree- ment.
(b) The appellant must prepare a bundle of any authorities referred to in the submissions provided in accordance with clauses 6 and 7 that the appellant or the respondent considers ought to 30 be produced to the court.

The bundle may be produced at the hearing of the appeal or filed before the appeal is heard.

If the appeal is to be heard by a single Judge, 1 copy of each document must be filed.
1108 Judicature Modernisation Bill Schedule 7 High Court Rules—continued 10 If the appeal is to be heard by a full court, 2 copies of each document must be filed.
1109 Schedule 8 Judicature Modernisation Bill High Court Rules—continued Schedule 8 Deleted 1110 Judicature Modernisation Bill Schedule 9 High Court Rules—continued Schedule 9 rr 8.10, 8.11, 8.12, 8.15, 8.16, 8.27 Discovery checklist and the listing and exchange protocol The purpose of this schedule is to assist the parties in carrying out discovery in accordance with subpart 1 of Part 8, and to specify de- 5 tailed requirements for listing and exchanging documents when giv- ing discovery.
Part 1 Discovery checklist 1 Assessing proportionality The parties must— (a) 10 (b) (c) review the pleadings to identify the categories of docu- ments that would be required if a standard discovery order were made in the terms set out in rule 8.7; and identify where those documents are likely to be located, 15 including the following: (i) the individuals likely to have those documents or know where they might be located; and the location and likely volume of any documents held as hard copies or electronically; and (iii) whether other people have discoverable docu- ments within the client’s control (for example, lawyers, accountants); and (ii) estimate the likely volume and cost of discovering the above material, including the following matters: (i) the approximate number of hard copy and elec- tronic documents; and the estimated cost of assembling and discovering those documents (including reviewing for rele- vance, privilege and confidentiality, and listing 30 the documents); and (ii) 20 25 (iii) whether specialist expertise is required to help the making of informed decisions (including an 1111 Schedule 9 Judicature Modernisation Bill High Court Rules—continued Part 1—continued (d) accurate assessment of the likely costs involved); and assess and discuss with the other parties whether that estimated cost is proportionate to the sums in issue or the value of the rights in issue in the proceeding.
If the 5 cost is disproportionate, or if, having regard to rules 8.8 and 8.9, the interests of justice require the making of a tailored discovery order, parties should seek such an order.
10 Extent of search The parties must— (a) (b) assess whether any of the methods identified in clause 3(2)(a)(ii) may assist in locating electronic material ef- ficiently; and consider whether it would be appropriate to seek a tai- 15 lored discovery order about the extent to which a party must search for documents to reflect the circumstances of the case, including (but not limited to) the following: the number of documents involved; and (i) the nature and complexity of the proceeding; and 20 (ii) the ease and expense of retrieval of any particular (iii) document; and the significance of any document that is likely to be located during the search.
(iv) 25 Tailored discovery This clause applies when tailored discovery is appropriate hav- ing regard to rules 8.8 and 8.9, or when any party intends to apply for an order for tailored discovery.
The parties must— (a) endeavour to agree a proposal in relation to the discov- 30 ery order that should be made, with respect to the fol- lowing: (i) categories: identify the categories of documents required to be discovered by the parties, and for 2 3 (1) (2) 1112 Judicature Modernisation Bill Schedule 9 High Court Rules—continued Part 1—continued each category seek to limit discovery to what is reasonable and proportionate.
This may be done by, for example, specifying— subject matter: (A) date range: (B) types of documents: (C) key individuals (for example, those who (D) are company directors or are at a specified management level); and 5 (ii) methods and strategies for locating documents: 10 seek agreement on what methods and strategies are appropriate to conduct a reasonable and pro- portionate search for the documents as identified in paragraph (a), including (but not limited to) the following: (A) (B) 15 appropriate keyword searches; and other automated searches and techniques for culling documents (including con- cept searching, clustering technology, document prioritisation technology, email 20 threading, and any other new tool or tech- nique); and a method to be used to identify duplicate documents; and (C) (b) (D) whether specialist assistance is required 25 to locate documents efficiently and accur- ately; and discuss whether a staged approach may be appropri- ate in conjunction with identifying the categories and methods to be adopted by the parties.
Parties may agree 30 on— (i) whether any different deadlines are appropriate; and (ii) whether to look initially at select categories (for example, date ranges or key individuals).

35 1113 Schedule 9 Judicature Modernisation Bill High Court Rules—continued Part 1—continued 4 (1) (2) (3) 5 Listing and exchange Parties are required by rules 8.12(2) and 8.27(2) to use the listing and exchange protocol in Part 2 of this schedule unless a discovery order otherwise requires.
Parties must— (a) consider whether the listing and exchange protocol is 5 appropriate and seek to agree any modifications; and if any electronic material contains relevant information that cannot be seen if provided to other parties in paper or image form, consider what special arrangements will be necessary for inspection (for example, unusual soft- 10 ware licences are required).
(b) If the parties agree to modify the listing and exchange proto- col, the agreement between them must be recorded in writing.

The discovery order must record that the parties have agreed to modify the listing and exchange protocol, but it is not ne- 15 cessary for the specific modifications to be contained in the discovery order or be considered by the Judge.
To reduce unnecessary costs of listing documents, parties are encouraged to— (a) use native electronic versions of documents as much as 20 possible; and use the extracted metadata from native electronic docu- ments, instead of manually listing documents; and convert documents to image format only when it is de- cided they are to be produced for discovery; and if document images are to be numbered, only number those images if they are to be produced for discovery.
(b) (c) (d) 25 Presenting documents at trial The parties must— (a) consider with the other parties how documents will be 30 used efficiently and effectively in preparation for and in the conduct of the trial (for example, whether an elec- tronic bundle of documents will be used); and ensure the format adopted for listing and exchange of documents is compatible with any such uses.
35 (b) 1114 Judicature Modernisation Bill Schedule 9 High Court Rules—continued Part 2 Listing and exchange protocol 6 (1) Protocol requirements Parties are required to— (a) document ID: date: document type: author: recipient: parent document ID: list documents, providing the following detail for each 5 document: (i) (ii) (iii) (iv) (v) (vi) (vii) privilege category; and exchange documents electronically by way of— (i) a single, continuous table or spreadsheet, with 15 each column exclusively containing the detail from paragraph (a); and 10 (b) (ii) multi-page images in PDF format (or another for- mat if agreed).
(2) Parties should endeavour to apply the specific details in 20 clauses 7 to 11 to ensure consistency for listing and exchange.

(3) Any technical terms have the meanings set out in the glossary in Part 3.
7 (1) List of documents format The format of the document descriptions should be as follows: 25 Field No Field name Description 1 Document ID The document ID must be a unique reference The format must be alphanumeric, for ex- ample, AAA.000001, AAA.01.0001, etc Parties must agree on Party Codes, for ex- ample,— AAA—Party A BBB—Party B CCC—Party C 1115 Schedule 9 Judicature Modernisation Bill High Court Rules—continued Part 2—continued Field No Field name Description 2 Date The date appearing on the face of the docu- ment Dates must appear as DD/MMM/YYYY, for example, 01 Jan 2010 If a document is partially dated or only par- tially legible, this field must contain such date information as can be determined from the document If the date is estimated, state that in an addi- tional field titled “Estimated” The type of document being listed, for ex- ample, email, letter Parties may agree to construct a predefined list for all document types The name of the author of the document If only part of either the individual or organ- isation can be determined, provide the infor- mation available The name of the recipient(s) of a document If only part of either the individual or organ- isation can be determined, provide the infor- mation available This field will be populated with the docu- ment ID of the parent document This field will be populated only if a docu- ment is attached to, or embedded within, an- other document Document type Author Recipient Parent document ID Privilege category This field is to be populated if the document is subject to a privilege claim (2) Documents may be listed otherwise than chronologically if a different order would be more convenient.
(3) Other than document ID, if information cannot be determined for a description it must be left blank.

The parties may agree not to list face value descriptions for 5 electronic documents, and instead use agreed metadata mater- ial that is extracted from the electronic files.

In all cases, how- ever, the method must be agreed.

This is to ensure parties’ de- scriptions are consistent with each other.
(4) 1116 Judicature Modernisation Bill Schedule 9 High Court Rules—continued Part 2—continued (5) Any document ID used in any supplementary discovery must be unique and run sequentially from the last number used in the previous list.

The list must include all documents previously disclosed by that party in accordance with rule 8.4.
(6) 5 8 Specific document decisions (1) (2) (b) (c) (d) (e) (b) Duplicate documents The following applies in relation to duplicate documents: (a) parties must take reasonable steps to ensure exact dupli- cate documents are removed from the discovered docu- 10 ments: a copy or version of a document containing a material modification or an obliteration or other marking must be treated as a separate document: an email and attachment are to be considered a duplicate 15 only if the entire email and attachment document group is contained elsewhere: a document attached to a document group is not to be classed as a duplicate if it is contained as a stand-alone document elsewhere: parties should discuss the method of de-duplication at an early stage.
20 Emails The following applies in relation to emails: (a) all individually discoverable emails must be listed sep- 25 arately: if an email is part of a chain, parties should make rea- sonable efforts (subject to issues of time, cost, and pro- portionality) to— (i) discover the top-level version of each relevant 30 email contained within the chain; and investigate whether email chain technology may assist in directing parties to the end point of an email chain.
(ii) 1117 Schedule 9 Judicature Modernisation Bill High Court Rules—continued Part 2—continued Attachments The following applies in relation to attachments: (a) any document that is attached to or embedded within another document is to be classed as an attachment: attachments must be listed as separate documents: in general, attachments must appear immediately after the parent document in the list, and will take the next document ID.
(b) (c) Consistency of names The following applies in relation to consistency of names: (a) the parties must consult and co-operate with each other to agree on a set list of common names to ensure con- sistency across the document descriptions: consistent naming conventions may be established for fields like document type, author, and recipient.
(b) 5 10 15 Native electronic documents The following applies in relation to native electronic docu- ments: (a) electronic documents that do not lend themselves to conversion to PDF (for example, complex spreadsheets, 20 databases, etc) may be exchanged in their native elec- tronic format: parties may agree on a list of electronic file types that do not lend themselves to conversion to PDF.
(b) 25 Colour documents The following applies in relation to colour documents: (a) colour versions of documents need to be created only if it will be evidentially significant to see colour in a document: if it is technically impracticable to reproduce a docu- 30 ment in colour, the party giving discovery must make the original document available for inspection in its na- tive file format.
(b) (3) (4) (5) (6) 1118 Judicature Modernisation Bill Schedule 9 High Court Rules—continued Part 2—continued 9 (1) Privilege Parties must agree on any specific privilege requirements for listing and exchange.

(2) Documents for which privilege is claimed may be group listed in accordance with rule 8.16(2).

(3) Documents must be given a description in accordance with clause 7(1), unless the description discloses information con- tained in a communication for which privilege is claimed.
The parent document ID information must be noted in the list if the privilege claim relates to part of a document group.

(4) 5 10 10 (1) (2) 11 (1) Redactions The redacted sections of a document must be blacked out on the image.

Parties may agree that a label or note must be pro- vided explaining the grounds for the redaction.

The party redacting or altering a document must ensure that 15 the original un-redacted and unaltered version is preserved so that it remains available to be inspected if required.
Exchange format The format of the table or spreadsheet must be as follows: (a) each document must be contained within a separate row 20 and all field entries must be contained within single cells; and a delimiter, for example, “;”, must be used for any multi- entry fields, for example, “; recipient”.

(b) (2) Documents must be provided as multi-page PDF images (or in 25 (3) (4) another format if agreed).

The file name for each individual document must be “docu- ment ID.pdf”.
If a document has relevant metadata, parties may request its provision in native file format.

Either— (a) the document ID must be contained within the name of the native file format, for example, “document ID.xls”; or 30 1119 Schedule 9 Judicature Modernisation Bill High Court Rules—continued Part 2—continued (b) the file name of the native file must be specified in an additional field in the spreadsheet.

The parties may agree to provide documents as searchable images.
If the software technology available to the party giving discov- 5 ery makes it reasonably possible, all image documents must have the document ID clearly marked on at least the first page of the document.

The spreadsheet and the folder with the documents should be provided on a media disk.

Parties should not place any restrictions on the spreadsheet or documents that prevent opposing parties from accessing them.
10 (5) (6) (7) (8) Part 3 Glossary 15 In this schedule, unless the context otherwise requires,— attachment means any document that is attached to or embedded within another document clustering means grouping documents by identifying conceptually alike documents concept searching means a search that attempts to match results with 20 the query conceptually (rather than just by identity or similarity of words) de-duplication means the process of identifying and removing dupli- cate documents from a collection of documents so that only 1 unique copy of each document remains.
A cryptographic hash function such 25 as the Message Digest algorithm 5 may be used to generate a digi- tal fingerprint for an electronic document.

The digital fingerprint of a document can then be electronically compared against the digital fin- gerprint of any other document to determine whether the documents are exact duplicates.
De-duplication may also be implemented by us- 30 ing a cryptographic hash function applied to a group of documents document has the meaning set out in rule 1.3 of the High Court Rules and includes all ESI 1120 Judicature Modernisation Bill Schedule 9 High Court Rules—continued Part 3—continued document description means the set of data fields used to describe a document under clause 7(1) document ID has the meaning set out in clause 7(1) document prioritisation technology (predictive coding) means technology that analyses the decisions of a human review of a sample 5 set of documents.
The software then prioritises/ranks the remainder of documents based on the decisions made on the sample documents, which allows the most relevant documents to be identified first electronic image or image means an electronic representation of a paper document or electronically stored information.

An electronic 10 image may be a searchable image or an unsearchable image electronically stored information (ESI) means any information stored electronically.
It includes, for example, email and other elec- tronic communications such as SMS and voicemail, word processed documents and databases, and documents stored on portable devices 15 such as memory sticks and mobile phones.

In addition to documents that are readily accessible from computer systems and other elec- tronic devices and media disks, it includes documents that are stored on servers and back-up systems and electronic documents that have been deleted.
It also includes metadata and embedded data email threading (email chain) means technology that allows the identification of related emails in a thread.

This technology can iden- tify the email end point and identify the unique emails in a thread keyword search means a software-aided search for words across the text of an electronic document media disk means a CD, DVD, USB flash drive, or any other portable media device metadata means data about data.
In the case of an electronic docu- ment, metadata is typically embedded information about the docu- ment that is not readily accessible once the native electronic docu- 30 ment has been converted into an electronic image or paper docu- ment, for example, the date on which the document was last printed or amended.
Metadata may be created automatically by a computer system (system metadata) or may be created manually by a user (ap- 25 20 1121 Schedule 9 Judicature Modernisation Bill High Court Rules—continued Part 3—continued 5 plication metadata).
Depending on the circumstances of the case, metadata may be discoverable native electronic document or native file format means an elec- tronic document stored in the original form in which it was created by a computer software program parent document means a document with 1 or more attachments.
For example, an email is a parent document and any documents at- tached to the email are its attachments party code means a sequence of alphanumeric characters in a docu- ment ID that uniquely identifies a party in the proceeding PDF (portable document format) is a file format that enables docu- ments to be displayed or printed in a manner that preserves the for- matting originally used by the author.
A PDF file may be either a searchable image file or an unsearchable image file redaction means the process of rendering part of a document unread- 15 able.

It is sometimes referred to as masking.

Redaction is typically used to render confidential or privileged portions of an otherwise dis- coverable document unreadable searchable image means an electronic image in which text-based contents can be searched electronically.
10 20 1122 Judicature Modernisation Bill Schedule 2 Schedule 2 Categories of information for purposes of section 171 Court records s 171 Item Category Description 1 2 Criminal records Court file The particulars of the permanent court record, as prescribed by rule 7.2 of the Criminal Procedure Rules 2012 (as from time to time amended or replaced) (1) Formal written statements admitted as evidence (2) Oral evidence (3) Briefs of evidence (4) Middle-band offence information from the Crown, including protocol offence information available on or after 1 July 2013 (5) Middle-band offence information from defence, including protocol offence information available on or after 1 July 2013 (6) Transcript of evidence given orally at trial (notes of evidence) (7) Videotaped records or any electronic form of recording of interviews (8) Documents admitted into evidence for the purposes of trial (exhibits) (9) Exhibits referred to in statements (10) Summonses to defendants (11) Bail notices (12) Notices of disclosure (13) Case management memoranda (14) Summaries of facts (15) Interlocutory applications (pre-trial applications) (16) Supporting affidavits (17) Submissions by counsel (18) Trial callover memoranda (19) Crown notices (20) Probation reports (21) Medical reports (22) Victim impact statements (23) Alcohol and drug reports 1123 Schedule 2 Judicature Modernisation Bill Item Category Description (24) Letters to jurors advising outcome of trial Court case lists Daily lists and published lists that provide a
 notice of hearing The persons committed for trial or sentence register, the return of prisoners tried and sentenced register, and the Crown book Information held by the ministry in hard copy form, or on the ministry’s data sets or databases, for the purpose of assisting with the management of court proceedings Registers and indexes Court calendars Information relating to particular cases Electronic records of hearings Court record Part A Description of court record Description Any of the following kept in the
 registry of the court that relate to a criminal, civil, or family proceeding: (a) a register or index: (b) any published list that gives notice of a hearing: (c) a document that— (i) may be accessed under an enactment other than this Act; or (ii) constitutes notice of its content to the public: (d) a judgment, order, or minute of the court, including any record of the reasons given by a Judge or other judicial officer: the rolls of barristers and solicitors kept under section 56 of the Lawyers and Conveyancers Act 2006 or any former corresponding enactment (e) The permanent court record, as prescribed by rule 7.2 of the Criminal Procedure Rules 2012 (as from time to time amended or replaced) A collection of documents in the custody and control of the court that relate to a criminal, civil, or family proceeding, for example, applications, submissions, and supporting affidavits, but excluding notes made by or for a judicial officer for his or her personal use Item Category 1 Formal court record 2 Court file 1124 Judicature Modernisation Bill Schedule 2 Description Information held by the ministry in hard copy form, or on the ministry’s data sets or databases, for the purpose of assisting with the management of court proceedings Item Category 3 Information relating to particular cases Electronic records of hearings 4 Item Category Permitted information Part B Permitted information Description (1) The permanent court record, as prescribed by rule 7.2 (2) of the Criminal Procedure Rules 2012 (as from time to time amended or replaced) Information that any of the following orders have been made in respect of a person: (a) any protection order under the Domestic Violence Act 1995: (b) any restraining order under the Harassment Act 1995: (c) any extended supervision order under the Parole Act 2002 (3) Information that any probation report exists in respect of a person Ministry information Item Category 1 2 Separate or collated administrative information and statistics taken
 primarily from case management systems to enable the ministry to efficiently budget, plan, and administer the court system Case-level information held in ISIS (the justice sector data warehouse) that is combined with Police, Corrections, and other government agency data to support policy formation, statistics, and research for the justice sector Description Includes information on the relative costs of proceedings, use of courtrooms, and deployment of court staff 1125 Schedule 2 Judicature Modernisation Bill Description Includes information relating to judicial travel Includes information about court buildings, resources, support systems, and other operational matters Data that is extracted from case- level transactions, where all personal identification details are removed and outputs are checked to ensure that the identity of any individual cannot be derived from the published data Item Category Information relating to court staff personnel matters Aggregate information about judicial expenditure Information on operational matters Information held by or on behalf of the Rules Committee Statistics (counts, averages, trends, etc) and performance measures (to assess achievement against operating targets, etc) about court processes and case outcomes Correspondence and other information relating to liaison between the judiciary and the ministry about the management and administration of judicial matters Minutes of joint committee meetings of the judiciary that include at which representatives of the ministry are present Judicial information Item Category 1 Individual information Information about individual judicial expenditure Judicial communications not relating to particular cases Information about a Judge in relation that relates to the Judge’s performance of his or her role and function as a Judge Internal communications, via email or in hard copy, between Judges, and between Judges and administrative personnel, about judicial administrative and
 management matters, via email or in hard copy Minutes of committee meetings of the judiciary relating that relate to the management and administration of judicial affairs (but not including the Rules Committee) 2 3 4 5 1126 Judicature Modernisation Bill Schedule 2 Item Category 6 Judicial personnel matters, such as salary, leave, and sabbatical records, that have not been anonymised, including allocations of technology, personal expenses records, judicial training programmes, and attendance at overseas conferences Separate or collated information relating to the rostering of Judges, judicial activity information, and judicial activity statistics that identify particular Judges Judicial communications, including Judges’ papers or notes relating to particular cases 7 8 1127 Schedule 3 Judicature Modernisation Bill Schedule 3 Consequential amendments relating to Senior Courts Part 1 Amendments to Acts s 180 5 Administration Act 1969 (1969 No 52) In section 59, replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
Admiralty Act 1973 (1973 No 119) In section 11(1), replace “Judicature Act 1908” with “Part 1 of the 10 Judicature Modernisation Act 2013”.

In section 13(2), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Adoption Act 1955 (1955 No 93) In section 28A(a), replace “section 51C of the Judicature Act 1908” 15 with “section 145 of the Judicature Modernisation Act 2013”.
Animal Products Act 1999 (1999 No 93) In section 155(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.

20 Arbitration Act 1996 (1996 No 99) In section 16(a), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

Biosecurity Act 1993 (1993 No 95) In section 154F(3), replace “section 14 of the Supreme Court Act 25 2003” with “section 75 of the Judicature Modernisation Act 2013”.
Canterbury Earthquake Recovery Act 2011 (2011 No 12) In section 70(4), replace “Supreme Court Act 2003” with “Part 1 of the Judicature Modernisation Act 2013”.

30 1128 Judicature Modernisation Bill Schedule 3 Part 1—continued Care of Children Act 2004 (2004 No 90) In section 141(3), replace “section 88B of the Judicature Act 1908” with “sections 162 to 165 of the Judicature Modernisation Act 2013”.

In section 146(1), replace “Judicature Act 1908” with “Part 1 of the 5 Judicature Modernisation Act 2013”.
In section 147(1), replace “section 100A of the Judicature Act 1908” with “section 153 of the Judicature Modernisation Act 2013”.

Children, Young Persons, and Their Families Act 1989 (1989 No 24) In section 448(2)(a), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

10 Citizens Initiated Referenda Act 1993 (1993 No 101) In section 58A, replace “Judicature Act 1908” with “Part 1 of the 15 Judicature Modernisation Act 2013”.
Civil List Act 1979 (1979 No 33) In section 27(7), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Commerce Act 1986 (1986 No 5) In section 97(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.

20 Commissions of Inquiry Act 1908 (1908 No 25) In section 13(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
In section 13(3), replace “section 56A(1) of the Judicature Act 1908” with “section 40 of the Judicature Modernisation Act 2013”.

In section 13(3), replace “section 56B of the Judicature Act 1908” with “section 41 of the Judicature Modernisation Act 2013”.

In section 13(4), replace “section 56A(1) of the Judicature Act 1908” 30 with “section 40 of the Judicature Modernisation Act 2013”.
25 1129 Schedule 3 Judicature Modernisation Bill Commissions of Inquiry Act 1908 (1908 No 25)—continued Part 1—continued 5 In section 13(4), replace “section 56B of the Judicature Act 1908” with “section 41 of the Judicature Modernisation Act 2013”.

In section 13A(1)(a), replace “section 56A(1) of the Judicature Act 1908” with “section 40 of the Judicature Modernisation Act 2013”.
In section 13A(1)(b), replace “section 56B of the Judicature Act 1908” with “section 41 of the Judicature Modernisation Act 2013”.

In section 13A(2)(a), replace “section 56A(1) of the Judicature Act 1908” with “section 40 of the Judicature Modernisation Act 10 2013”.

In section 13A(2)(b), replace “section 56B of the Judicature Act 1908” with “section 41 of the Judicature Modernisation Act 2013”.
In section 13B, replace “section 56C of the Judicature Act 1908” 15 with “section 161 of the Judicature Modernisation Act 2013” in each place.

In section 13C, replace “section 56A(1) of the Judicature Act 1908” with “section 40 of the Judicature Modernisation Act 2013”.

In section 13C, replace “section 56B of the Judicature Act 1908” with 20 “section 41 of the Judicature Modernisation Act 2013”.
In section 13D, replace “section 56A(1) of the Judicature Act 1908” with “section 40 of the Judicature Modernisation Act 2013”.

In section 13D, replace “section 56B of the Judicature Act 1908” with “section 41 of the Judicature Modernisation Act 2013”.

In section 14, replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
25 Construction Contracts Act 2002 (2002 No 46) In section 81(2)(b), replace “section 51B of the Judicature Act 1908” with “section 152 of the Judicature Modernisation Act 2013”.

30 Coroners Act 2006 (2006 No 38) In section 34(5), replace “section 2 of the Judicature Act 1908” with “section 4(1) of the Judicature Modernisation Act 2013”.
1130 Judicature Modernisation Bill Schedule 3 Part 1—continued Court Martial Appeals Act 1953 (1953 No 100) In section 2(1), definition of Court of Appeal, replace “Part 2 of the Judicature Act 1908” with “subpart 3 of Part 1 of the Judicature Modernisation Act 2013”.

In section 4(6), replace “superior” with “senior”.

In section 10(2), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.
In section 26(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

5 Courts (Remote Participation) Act 2010 (2010 No 94) In section 3, definition of Court of Appeal, replace “Part 2 of the Judicature Act 1908” with “subpart 3 of Part 1 of the Judicature Modernisation Act 2013”.

In section 3, definition of Supreme Court, replace “section 4 of the Supreme Court Act 2003” with “section 65 of the Judicature 15 Modernisation Act 2013”.
10 Crimes Act 1961 (1961 No 43) In section 2(1), definition of Supreme Court, replace “section 6 of the Supreme Court Act 2003” with “section 66 of the Judicature Modernisation Act 2013”.

In section 406A(4), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.
20 Criminal Procedure Act 2011 (2011 No 81) In section 5, definition of rules of court, replace “section 51C of 25 the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

Replace section 213(1) with: “(1) All rights of appeal to the Supreme Court under this Part are subject to subpart 4 of Part 1 of the Judicature Moderni- 30 sation Act 2013.
See, especially, sections 73 to 75 of that Act.” 1131 Schedule 3 Judicature Modernisation Bill Criminal Procedure Act 2011 (2011 No 81)—continued Part 1—continued In section 314(5), replace “section 99A of the Judicature Act 1908” with “section 174 of the Judicature Modernisation Act 2013”.

In section 316(6), replace “section 99A of the Judicature Act 1908” with “section 174 of the Judicature Modernisation Act 2013”.
In section 318(4), replace “section 99A of the Judicature Act 1908” 5 with “section 174 of the Judicature Modernisation Act 2013”.

In section 325(3), replace “section 15(2) of the Supreme Court Act 2003” with “section 76 of the Judicature Modernisation Act 2013”.

In section 333(1), after “Court of Appeal”, insert “(of whom at least 10 1 must hold office under section 43 of the Judicature Moderni- sation Act 2013)”.
In section 333(2) and (4), after “Court of Appeal”, insert “(whether holding office under section 43 or 46 of the Judicature Moderni- sation Act 2013)” in each place.

In section 386(1), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

15 Criminal Proceeds (Recovery) Act 2009 (2009 No 8) Repeal sections 206 and 207 and the cross-heading above section 206.
20 Criminal Records (Clean Slate) Act 2004 (2004 No 36) In section 22(1) and (2), replace “section 51B of the Judicature Act 1908” with “section 152 of the Judicature Modernisation Act 2013”.

In section 22(2), replace “Judicature Act 1908” with “Part 1 of the 25 Judicature Modernisation Act 2013”.

In section 22(3), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
Crown Proceedings Act 1950 (1950 No 54) In section 22(1), replace “each district constituted under the Judica- 30 ture Act 1908” with “a district”.

1132 Judicature Modernisation Bill Schedule 3 Crown Proceedings Act 1950 (1950 No 54)—continued Part 1—continued In section 29(2), replace “Section 55 of the Judicature Act 1908” with “Section 38 of the Judicature Modernisation Act 2013”.
In Schedule 1, replace the item relating to the Judicature Act 1908 with: Part 1 of the Judicature Modernisation Act 2013 (2013 No 00).

5 Customs and Excise Act 1996 (1996 No 27) In section 110(4), replace “section 55 of the Judicature Act 1908” with “section 38 of the Judicature Modernisation Act 2013”.

Declaratory Judgments Act 1908 (1908 No 220) In section 6, replace “Judicature Act 1908” with “Part 1 of the Ju- 10 dicature Modernisation Act 2013”.
Replace section 7 with: “7 Removal of summons into Court of Appeal An originating summons under section 3 may be removed into the Court of Appeal in the same manner as the matters speci- 15 fied in section 60 of the Judicature Modernisation Act 2013 are removable, and section 60 of that Act applies to any originating summons removed into the court.” Domestic Actions Act 1975 (1975 No 53) In section 9A(a), replace “section 51C of the Judicature Act 1908” 20 with “section 145 of the Judicature Modernisation Act 2013”.
Electoral Act 1993 (1993 No 87) In section 234(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Electricity Industry Act 2010 (2010 No 116) In section 71(2), replace “Section 66 of the Judicature Act 1908” with “Section 57 of the Judicature Modernisation Act 2013”.
25 1133 Schedule 3 Judicature Modernisation Bill Part 1—continued Electronic Transactions Act 2002 (2002 No 35) In the Schedule, Part 4, paragraph (1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Employment Relations Act 2000 (2000 No 24) In section 214(1), replace “section 66 of the Judicature Act 1908” 5 with “section 57 of the Judicature Modernisation Act 2013”.
In section 214A(4), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.

In section 218, replace “section 66 of the Judicature Act 1908” with 10 “section 57 of the Judicature Modernisation Act 2013”.

Evidence Act 2006 (2006 No 69) In section 199(1), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
In section 200(1), replace “Judicature Act 1908” with “Part 1 of the 15 Judicature Modernisation Act 2013”.

Extradition Act 1999 (1999 No 55) In section 103, replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Family Protection Act 1955 (1955 No 88) In section 15(3), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
20 Gas Act 1992 (1992 No 124) In section 43ZJ(2), replace “Section 66 of the Judicature Act 1908” with “Section 57 of the Judicature Modernisation Act 2013”.

25 Government Superannuation Fund Act 1956 (1956 No 47) In section 72, definition of Judge, paragraph (a), replace “section 4 of the Judicature Act 1908” with “section 100 of the Judicature Modernisation Act 2013”.
1134 Judicature Modernisation Bill Schedule 3 Government Superannuation Fund Act 1956 (1956 No 47)—continued Part 1—continued In section 72, definition of temporary Judge, paragraph (a), replace “section 11 of the Judicature Act 1908” with “section 112 of the Judicature Modernisation Act 2013”.

In section 81A, definition of Judge, paragraph (a), replace “section 4 of the Judicature Act 1908” with “section 100 of the Judicature 5 Modernisation Act 2013”.
In section 81A, definition of temporary Judge, paragraph (a), re- place “section 11 of the Judicature Act 1908” with “section 112 of the Judicature Modernisation Act 2013”.

In section 81X, definition of Associate Judge, replace “section 26C 10 of the Judicature Act 1908” with “section 100 of the Judicature Modernisation Act 2013”.

Governor-General Act 2010 (2010 No 122) In section 17(3), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
15 Habeas Corpus Act 2001 (2001 No 31) In section 3, definition of High Court Rules, replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In section 7(7), replace “Section 51E of the Judicature Act 1908” with “Section 150 of the Judicature Modernisation Act 2013”.

In section 15(1), replace “sections 7 to 10 of the Supreme Court Act 2003” with “sections 68 to 71 of the Judicature Modernisation Act 2013”.
In section 16(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In section 20(1) and (2), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

20 25 Immigration Act 2009 (2009 No 51) In section 246(1), replace “Section 66 of the Judicature Act 1908” 30 with “Section 57 of the Judicature Modernisation Act 2013”.
1135 Schedule 3 Judicature Modernisation Bill Immigration Act 2009 (2009 No 51)—continued Part 1—continued Replace section 251 with: “251 Relationship with Part 1 of Judicature Modernisation Act 2013 Part 1 of the Judicature Modernisation Act 2013 is sub- ject to sections 247, 248, 249, 250, and 262.” 5 Insolvency Act 2006 (2006 No 55) In section 442(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
Insurance (Prudential Supervision) Act 2010 (2010 No 111) In section 43(1), replace “section 66 of the Judicature Act 1908” with 10 “section 57 of the Judicature Modernisation Act 2013”.

In section 225(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38) In section 31(3)(b), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

15 Juries Act 1981 (1981 No 23) Repeal section 34.

Land Valuation Proceedings Act 1948 (1948 No 50) In section 18A(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
20 Lawyers and Conveyancers Act 2006 (2006 No 1) In section 49(3)(a), replace “the superior” with “a senior”.

In section 53(1)(a), replace “the superior” with “a senior”.

In section 53(1), replace “that superior” with “that senior” in each place.

In section 54(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
25 1136 Judicature Modernisation Bill Schedule 3 Lawyers and Conveyancers Act 2006 (2006 No 1)—continued Part 1—continued In section 254(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.

In section 276(a), replace “the superior” with “a senior”.

Legislation Act 2012 (2012 No 119) In the Schedule, repeal the item relating to the Judicature Act 1908.
5 Limitation Act 2010 (2010 No 110) In section 13, replace “section 16A of the Judicature Act 1908” with “section 12 of the Judicature Modernisation Act 2013”.

Local Government Official Information and Meetings Act 1987 (1987 No 174) In section 35, replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
10 Local Government (Rating) Act 2002 (2002 No 6) In section 67(2)(b), replace “section 100A of the Judicature Act 1908” with “section 153 of the Judicature Modernisation Act 15 2013”.

Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3) In section 9(1), definition of High Court Rules, replace “the Judi- cature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
In section 108, replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

20 Patents Act 2013 (2013 No 68) In section 215(3), replace “sections 7 and 8 of the Supreme Court Act 2003” with “sections 68 and 69 of the Judicature Modernisa- 25 tion Act 2013”.
1137 Schedule 3 Judicature Modernisation Bill Part 1—continued PGG Trust Limited Act 1989 (1989 No 1 (P)) In section 17, replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Property (Relationships) Act 1976 (1976 No 166) In section 39B(1), replace “Judicature Act 1908” with “Part 1 of the 5 Judicature Modernisation Act 2013”.

In section 53(1) and (4), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
In section 53(2), replace “section 100A of the Judicature Act 1908” with “section 153 of the Judicature Modernisation Act 2013”.

10 Protection of Personal and Property Rights Act 1988 (1988 No 4) In section 111(a), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

In section 114, replace “section 17 of the Judicature Act 1908” with “section 13 of the Judicature Modernisation Act 2013”.
Reciprocal Enforcement of Judgments Act 1934 (1934 No 11) In section 2(1), definition of judgments given in the superior courts of New Zealand, replace “superior” with “senior”.

In section 3(1A), (1B), (1C), (2), (2A), and (3), replace “superior” with “senior” in each place.

In section 3B(1), replace “superior” with “senior” in each place.

In section 10(1), replace “superior” with “senior” in each place.
Replace section 13 with: “13 Section 170 of Judicature Modernisation Act 2013 modified Section 170 of the Judicature Modernisation Act 2013 applies only in respect of any judgments, decrees, rules, and orders that, being enforceable under that section, are not en- forceable in New Zealand in accordance with this Act.” 15 20 25 Referenda (Postal Voting) Act 2000 (2000 No 48) In section 80(2), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
30 1138 Judicature Modernisation Bill Schedule 3 Part 1—continued Resource Management Act 1991 (1991 No 69) In section 149V(6), replace “sections 12 to 15 of the Supreme Court Act 2003” with “sections 73 to 76 of the Judicature Moderni- sation Act 2013”.

In section 149V(7), replace “section 14 of the Supreme Court Act 5 2003” with “section 75 of the Judicature Modernisation Act 2013”.
Road User Charges Act 2012 (2012 No 1) In section 71(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.

10 Rugby World Cup 2011 (Empowering) Act 2010 (2010 No 123) In Schedule 2, clause 9(2), replace “sections 12 to 14 of the Supreme Court Act 2003” with “sections 73 to 75 of the Judicature Mod- ernisation Act 2013”.
In Schedule 2, clause 9(3), replace “section 14 of the Supreme Court 15 Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.

Social Security Act 1964 (1964 No 136) In section 12S(1), replace “Supreme Court Act 2003” with “Part 1 of the Judicature Modernisation Act 2013”.

20 Te Ture Whenua Maori Act 1993 (1993 No 4) In section 58B(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.
Terrorism Suppression Act 2002 (2002 No 34) In section 58(3), replace “Supreme Court Act 2003” with “Part 1 of the Judicature Modernisation Act 2013”.

25 Trustee Act 1956 (1956 No 61) In section 72(4), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
30 1139 Schedule 3 Judicature Modernisation Bill Part 1—continued United Nations Convention on the Law of the Sea Act 1996 (1996 No 69) In section 16, replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

Weathertight Homes Resolution Services Act 2006 (2006 No 84) In section 125(2)(b), replace “section 51B of the Judicature Act 1908” with “section 152 of the Judicature Modernisation Act 2013”.
5 Part 2 Amendments to other enactments Companies Act 1955 Liquidation Regulations 1994 (SR 1994/129) In regulation 2, definition of High Court Rules, replace “Schedule 2 of the Judicature Act 1908” with “Schedule 1 of the Judicature Modernisation Act 2013”.

Companies Act 1993 Liquidation Regulations 1994 (SR 1994/130) In regulation 2, definition of High Court Rules, replace “Schedule 2 of the Judicature Act 1908” with “Schedule 1 of the Judicature Modernisation Act 2013”.
Constituency Election Petition Rules 2008 (SR 2008/383) In rule 3, replace the definition of High Court Rules with: “High Court Rules means the High Court Rules in Schedule 1 of the Judicature Modernisation Act 2013”.

Criminal Proceedings (Enforcement of Fines) Rules 2011 (SR 2011/397) In regulation 3, definition of High Court Rules, replace “Schedule 2 of the Judicature Act 1908” with “Schedule 1 of the Judicature Modernisation Act 2013”.
10 15 20 25 1140 Judicature Modernisation Bill Schedule 3 Part 2—continued Family Courts Rules 2002 (SR 2002/261) In regulation 8, definition of HCRs or High Court Rules, replace “Schedule 2 of the Judicature Act 1908” with “Schedule 1 of the Judicature Modernisation Act 2013”.

High Court Fees Regulations 2013 (SR 2013/226) In regulation 4, definition of Act, replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
In regulation 4, definition of High Court Rules, replace “Sched- ule 2” with “Schedule 1”.

Lawyers and Conveyancers Act (Lawyers: Admission) Rules 2008 (SR 2008/195) In regulation 4(1), definition of High Court Rules, replace “Sched- ule 2 of the Judicature Act 1908” with “Schedule 1 of the Judica- ture Modernisation Act 2013”.
5 10 1141 Schedule 4 Judicature Modernisation Bill Schedule 4 Transitional provisions relating to Senior Courts Part 1 Continuation of certain provisions of Supreme Court Act 2003 s 183 5 Application Clauses 2 to 6 continue the application of certain provisions of the Supreme Court Act 2003 so far as they are applicable.
Imperial enactments ceasing to have effect in New Zealand 10 On 1 January 2004, the following Imperial enactments ceased to have effect as part of the law of New Zealand: (a) the Imperial enactments listed in Part 1 of Schedule 4 of the Supreme Court Act 2003: the Imperial subordinate legislation listed in Part 2 of 15 Schedule 4 of that Act.
(b) Compare: 2003 No 53 s 49 Privy Council may still determine appeals in certain existing proceedings The Privy Council may hear and determine, or continue to hear 20 and determine,— (a) an appeal against a final judgment of the Court of Ap- peal made before 1 January 2004, or made after 31 De- cember 2003 in a proceeding whose hearing was com- pleted before 1 January 2004, where— (i) 25 the matter in dispute on the appeal amounts to or is of the value of $5,000 or upwards; or the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of 30 $5,000 or upwards; or (ii) (b) an appeal arising out of a successful application to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against a decision of the Court of Appeal— made before 1 January 2004; or (i) 35 1 2 3 (1) 1142 Judicature Modernisation Bill Schedule 4 Part 1—continued (c) (ii) made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004; or an appeal arising out of a successful application to the Privy Council (whether made before, on, or after 1 Janu- 5 ary 2004) for special leave to appeal to it against a de- cision of the Court of Appeal— (i) (ii) made after 31 December 2003 in a proceeding made before 1 January 2004; or whose hearing was completed before 1 January 10 2004.
Subclause (1) does not apply to an appeal if— (a) (b) the Privy Council has not begun hearing the appeal; and all parties agree in writing that an application should be made to the Supreme Court for leave to appeal to the 15 Supreme Court against the decision concerned.
Compare: 2003 No 53 s 50 Limitation on right to appeal to Supreme Court in certain existing proceedings This subclause applies to a decision if— (a) it was made by any New Zealand court before 1 January 2004; or it was made by the Court of Appeal after 31 December 2003 in a proceeding whose hearing was completed be- fore 1 January 2004.
(b) 20 25 There is no right to appeal to the Supreme Court against a decision to which subclause (1) applies if— (a) the Privy Council has already heard or begun hearing an appeal against it; or a New Zealand court has declined to give leave to ap- 30 peal to the Privy Council against it and the Privy Coun- cil has not later given special leave to appeal against it; or the Privy Council has declined to give special leave to appeal against it; or 35 (b) (c) 1143 (2) 4 (1) (2) Schedule 4 Judicature Modernisation Bill Part 1—continued (3) 5 (1) (d) all the parties to the proceeding in which it was made have not agreed in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against it.
Subclause (2) overrides sections 68 to 71.
Compare: 2003 No 53 s 51 5 Transitional effect of sections 42 and 49 of Supreme Court Act 2003 The following applications must be determined as if sections 42 and 49 of the Supreme Court Act 2003 had not been en- 10 acted: (a) all applications to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against— (i) a decision of a New Zealand court made before 15 1 January 2004; or a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hear- ing was completed before 1 January 2004: (ii) (b) all applications to the Privy Council (whether made be- 20 fore, on, or after 1 January 2004) for special leave to appeal to it against— (i) a decision of a New Zealand court made before 1 January 2004; or a decision of the Court of Appeal delivered after 25 31 December 2003 in a proceeding whose hear- ing was completed before 1 January 2004.
(ii) (2) All appeals that, by virtue of clause 3(1), the Privy Council may hear and determine, or continue to hear and determine, must be heard and determined as if— (a) sections 42 and 49 of the Supreme Court Act 2003 had not been enacted; and the reference in section 112(1) of the Credit Contracts and Consumer Finance Act 2003 to the Supreme Court included a reference to the Privy Council.
(b) 30 35 Compare: 2003 No 53 s 52 1144 Judicature Modernisation Bill Schedule 4 Part 1—continued 6 No new rights of appeal against decisions made before 1 January 2004 (2) (1) A person does not have a right to appeal to a particular New Zealand court or the Privy Council on any grounds against a decision made before 1 January 2004 unless, when the deci- 5 sion was made, the person had the right to appeal against the decision to that court on those grounds.
Subclause (1) does not limit or affect the right of any person to appeal to a New Zealand court on any grounds against a decision made— (a) (b) on or after 1 January 2004; but on appeal against a decision— (i) (ii) made at any time on appeal against a decision made before 1 January 2004; or 10 made before 1 January 2004.
Compare: 2003 No 53 s 54 Part 2 Other provisions relating to senior courts 7 Interpretation In this Part, unless the context otherwise requires,— judicial officer means a Judge, Registrar, or Deputy Registrar of a senior court proceedings includes actions and matters relevant Act means the Judicature Act 1908 or the Supreme Court Act 2003.
Judicial officers of senior courts 8 (1) Judicial officers to continue in office This section clause applies to every person who is a judicial officer under the relevant Act immediately before the com- mencement of this clause.

(2) A judicial officer to whom this section clause applies continues to hold his or her judicial office subject to this Act under the conditions of his or her appointment.
15 20 25 30 1145 Schedule 4 Judicature Modernisation Bill Part 2—continued Other officers of senior courts 9 (1) Other officers of court to continue in office This section clause applies to every person who is an officer of a court (other than a judicial officer as defined in clause 7) under the relevant Act immediately before the commencement 5 of this clause.

(2) An officer to whom this section clause applies continues to hold his or her office subject to this Act.
Proceedings and other matters Proceedings, etc, continue under relevant Act 10 (1) All proceedings pending or in progress in a court operating under the relevant Act immediately before the commencement of this section clause may be continued, completed, and en- forced only under the relevant Act (including the relevant rules of court) as if that Act had not been repealed by this Act.
10 15 (2) All jurisdictions, offices, appointments, Orders in Coun- cil, orders, warrants, rules, regulations, seals, forms, books, records, instruments, and generally all acts of authority that originated under the relevant Act or another enactment con- tinued or repealed by this Act, and that are subsisting or in 20 force on the commencement of this section clause, have full effect as if they had originated under the corresponding pro- visions of this Act and, where necessary, must be treated as having originated under this Act.
This clause is subject to clause 11.

25 Proceedings subject to former High Court Rules In this clause, former High Court Rules means the High Court Rules as in force immediately before the commence- ment of this clause.

(2) A proceeding that is pending on the commencement of this 30 clause must be continued, completed, and enforced under the High Court Rules set out in Schedule 1, except as provided in subclause (3).
1146 (3) 11 (1) Judicature Modernisation Bill Schedule 4 Part 2—continued (3) A proceeding that is pending on the commencement of this clause must be dealt with as if— (a) Part 29 of the former High Court Rules (if applicable) were in force: the provisions of the former High Court Rules relating 5 to interest on money claims (if applicable) were in force in place of the corresponding provisions of the High Court Rules set out in Schedule 1: the provisions of the former High Court Rules referring to section 26P of the Judicature Act 1908 were in force.
10 (b) (c) 12 (1) (2) Continued effect of transitional provisions in former High Court Rules The repeal of the Judicature Act 1908 does not affect the op- eration of the transitional provisions in— (a) (b) rule 9 of the High Court Amendment Rules 2009; or rule 7 of the High Court (Access to Court Documents) Amendment Rules 2009; or (c) rule 5 of the High Court Amendment Rules 2010.
So far as the enactments referred to in subclause (1)(a) to (c) may be applicable, they continue to have effect as if the 20 Judicature Act 1908 had not been repealed.
15 1147 Schedule 5 Judicature Modernisation Bill Schedule 5 Categories of information for purposes of section 419 (District Court) Court records s 419 ItemCategory 1 Criminal records 2 Court file Description The particulars of the permanent court record, as prescribed by rule 7.2 of the Criminal Procedure Rules 2012 (as from time to time amended or replaced) (1) Formal written statements admitted as evidence (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Oral evidence Briefs of evidence Middle-band offence information from the Crown, including protocol offence information available on or after 1 July 2013 Middle-band offence information from defence, including protocol offence information available on or after 1 July 2013 Transcript of evidence given orally at trial (notes of evidence) Videotaped records or any electronic form of recording of interviews Documents admitted into evidence for the purposes of trial (exhibits) Exhibits referred to in statements Summonses to defendants Bail notices (12) Notices of disclosure (13) (14) (15) (16) (17) (18) (19) (20) Case management memoranda Summaries of facts Interlocutory applications (pre-trial applications) Supporting affidavits Submissions by counsel Trial callover memoranda Crown notices Probation reports (21) Medical reports (22) Victim impact statements (23) Alcohol and drug reports 1148 Judicature Modernisation Bill Schedule 5 ItemCategory Description (24) Letters to jurors advising outcome of trial Court case lists Daily lists and published lists that
 provide a notice of hearing Registers and indexes The persons committed for trial or sentence register, the return of prisoners tried and sentenced register, and the Crown book Court calendars Information relating to particular cases Electronic records of hearings Information held by the ministry in hard copy form, or on the ministry’s data sets or databases, for the purpose of assisting with the management of court proceedings Court record Part A Description of court record Item Category 1 Formal court
 record 2 Court file 3 4 Information relating to particular cases Electronic records of hearings Description Any of the following kept in the registry of the court that relate to a criminal, civil, or family proceeding: (a) a register or index: (b) any published list that gives notice of a hearing: (c) a document that— (i) may be accessed under an enactment other than this Act; or (ii) constitutes notice of its content to the public: (d) a judgment, order, or minute of the court, including any record of the reasons given by a Judge or other judicial officer The permanent court record, as prescribed by rule 7.2 of the Criminal Procedure Rules 2012 (as from time to time amended or replaced) A collection of documents in the custody and control of the court that relate to a criminal, civil, or family proceeding, for example, applications, submissions, and supporting affidavits, but excluding notes made by or for a judicial officer for his or her personal use Information held by the ministry in hard copy form, or on the ministry’s data sets or databases, for the purpose of assisting with the management of court proceedings 1149 Schedule 5 Judicature Modernisation Bill Item Category Permitted information Part B Permitted information Description (1) The permanent court record, as prescribed by rule 7.2 (2) of the Criminal Procedure Rules 2012 (as from time to time amended or replaced) Information that any of the following orders have been made in respect of a person: (a) any protection order under the Domestic Violence Act 1995: (b) any restraining order under the Harassment Act 1995: (c) any extended supervision order under the Parole Act 2002 (3) Information that any probation report exists in respect of a person Ministry information Item Category Description Includes information on the relative costs of proceedings, use of courtrooms, and deployment of court staff.
Separate or collated administrative information and statistics taken primarily from case management systems to enable the ministry to efficiently budget, plan, and administer the court system Case- level information held in ISIS (the Justice Sector Data Warehouse) which is combined with Police, Corrections, and other government agency data to support policy formation, statistics, and research for the Justice Sector.
Information relating to court staff personnel matters 1 2 3 1150 Judicature Modernisation Bill Schedule 5 Item Category Description Aggregate information about judicial expenditure Includes information relating to judicial travel.

Information on operational matters Includes information about court buildings, resources, support systems, and other operational matters.
Data that is extracted from case-level transactions, where all personal identification details are removed and outputs are checked to ensure that the identity of any individual cannot be derived from the published data.

Information held by or on behalf of the Rules Committee Statistics (counts, averages, trends, etc.)
and performance measures (to assess achievement against operating targets, etc) about court processes and case outcomes Correspondence and other information relating to liaison between the judiciary and the ministry about the management and administration of judicial matters Minutes of joint committee meetings of the judiciary that include at which representatives of the ministry are present Judicial information Item Category 1 2 3 Individual information Information about individual judicial expenditure.
Judicial communications not relating to particular cases.

Information about a Judge in relation that relates to the Judge’s performance of his or her role and function as a Judge.

1151 Schedule 5 Judicature Modernisation Bill Item Category Internal communications, via email or in hard copy, between Judges, and between Judges and administrative personnel, about judicial administrative and management matters, via email or hard copy.
Minutes of committee meetings of the judiciary relating that relate to the management and administration of judicial affairs (but not including the Rules Committee).

Judicial personnel matters, such as salary, leave, and sabbatical records, that have not been anonymised, including allocations of technology, personal expenses records, judicial training programmes, and attendance at overseas conferences.
Separate or collated information relating to the rostering of Judges, judicial activity information, and judicial activity statistics that identify particular Judges.

Judicial communications, including Judges’ papers or notes relating to particular cases.
1152 Judicature Modernisation Bill Schedule 6 Schedule 6 Consequential amendments relating to District Court s 421 Accident Compensation Act 2001 (2001 No 49) Replace section 123(2)(d) with: 5 “(d) sections 336 to 344 of the Judicature Modernisa- tion Act 2013; or”.
Replace section 150 with: “150 District Court Rules and this Act apply to appeal An appeal under section 149 is dealt with in accordance with 10 the District Court Rules made under section 411 of the Ju- dicature Modernisation Act 2013, as modified by this Act and any regulations made under it.” Replace section 162(5) with: “(5) The High Court Rules and sections 308 to 312 of the Judi- 15 cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under this section as if it were an appeal under section 306 of that Act.” Admiralty Act 1973 (1973 No 119) Replace section 3(1)(b) with: 20 “(b) may be exercised by the District Court in personam where the debt, demand, or damage or the value of the chattels claimed does not exceed the amount specified in section 256 of the Judicature Modernisation Act 2013, but the District Court does not, for the pur- 25 poses of this Act, have jurisdiction in rem.” Replace section 3(3) with: “(3) Nothing in this Act derogates from any common law or equit- able jurisdiction of the High Court or the District Court.” Replace section 11(2) with: “(2) Rules for the practice and procedure of the District Court in its admiralty jurisdiction may be made by the Governor-General from time to time, by Order in Council, under section 411 of the Judicature Modernisation Act 2013.” 30 1153 Schedule 6 Judicature Modernisation Bill Admiralty Act 1973 (1973 No 119)—continued Replace section 13(1A) with: “(1A) The High Court Rules and sections 307 to 312 of the Judi-
 cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under this section as if it were an appeal under section 306 of that Act.” 5 Adoption Act 1955 (1955 No 93) Replace section 28A(b) and (c) with: “(b) “(c) in the case of the District Court, under section 411 of the Judicature Modernisation Act 2013: in the case of the Family Court, under section 16A of 10 the Family Court Act 1980.” 15 Animal Products Act 1999 (1999 No 93) In section 147(1), replace “a District Court” with “the District Court”.
In section 147(2), replace “a District Court” with “the District Court”.

Replace section 147(3) with: “(3) Subject to modification by sections 148 to 156 and by any rules made under section 157, the District Court Rules made under section 411 of the Judicature Modernisation Act 2013 apply to every application to the court under this section.” In section 154(1AA), replace “a District Court” with “the District 20 Court”.
Replace section 154(2) with: “(2) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under this section as if it were an 25 appeal under section 306 of that Act.” In section 157, replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 157(a), replace “District Courts” with “the District Court”.
Animal Welfare Act 1999 (1999 No 142) In section 143(1), replace “a District Court” with “the District Court”.

In section 143(2), replace “a District Court” with “the District Court”.
30 1154 Judicature Modernisation Bill Schedule 6 Animal Welfare Act 1999 (1999 No 142)—continued Replace section 143(3) with: “(3) Subject to modification by sections 145 to 155 and by any rules made under section 156, the District Court Rules made under section 411 of the Judicature Modernisation Act 2013 apply to every application to the court under this section.” Replace section 153(2) with: “(2) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under this section as if it were an appeal under section 306 of that Act.” In section 156, replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
In section 156(a), replace “District Courts” with “the District Court”.

Arbitration Act 1996 (1996 No 99) Replace section 16(b) with: “(b) in the case of the District Court, under section 411 of the Judicature Modernisation Act 2013.” Bail Act 2000 (2000 No 38) In section 53(1)(b), replace “a District Court” with “the District Court”.

In section 56, replace “a District Court” with “the District Court”.
5 10 15 20 Biosecurity Act 1993 (1993 No 95) In section 154E(1), replace “a District Court” with “the District Court”.

In section 154E(9), replace “District Courts Act 1947” with “Part 2 25 of the Judicature Modernisation Act 2013”.

In section 154F(2), replace “sections 74 to 78 of the District Courts Act 1947” with “sections 308 to 312 of the Judicature Mod- ernisation Act 2013”.
In section 154F(2)(a), replace “section 72 of the District Courts Act 30 1947” with “section 306 of the Judicature Modernisation Act 2013”.
1155 Schedule 6 Judicature Modernisation Bill Building Societies Act 1965 (1965 No 22) In section 2(1), replace the definition of court with: “court means the District Court in any case where the District Court has jurisdiction under Part 2 of the Judicature Mod- ernisation Act 2013 in relation to this Act or to building so- 5 cieties, and in any other case means the High Court or a Judge of the High Court”.
Care of Children Act 2004 (2004 No 90) In section 143(1), replace “a Family Court” with “the Family Court”.

In section 143(3), replace “a Family Court” with “the Family Court”.
10 Replace section 143(4) with: “(4) The High Court Rules and sections 307 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under this section as if it were an appeal under section 306 of that Act.” 15 In section 143(5), replace “section 74(1) of the District Courts Act 1947” with “section 308(1) of the Judicature Modernisation Act 2013”.

In section 146(2), replace “the Family Courts Act 1980” with “the Family Court Act 1980”.
In section 146(2), replace “Family Courts” with “the Family Court”.

In section 146(3), replace “a Family Court” with “the Family Court”.

In section 146(3), replace “the Family Courts Act 1980” with “the Family Court Act 1980”.

In section 146(4), replace “section 122 of the District Courts Act 25 1947” with “section 411 of the Judicature Modernisation Act 2013”.

In section 146(4)(a), replace “District Courts” with “the District Court”.
20 Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17) In section 35(2), replace “a District Court” with “the District Court”.
Replace section 37(4) with: “(4) An appeal to the District Court is a rehearing and must be 30 conducted in accordance with the District Court Rules made 35 1156 Judicature Modernisation Bill Schedule 6 Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17)—continued under section 411 of the Judicature Modernisation Act 2013.” Child Support Act 1991 (1991 No 142) In section 120(1), replace “a Family Court” with “the Family Court”.
Replace section 120(1A) with: “(1A) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were an appeal under section 306 of that Act.” 5 In section 120(2), replace “section 74(1) of the District Courts Act 10 1947” with “section 308(1) of the Judicature Modernisation Act 2013”.

In section 120(3), replace “a Family Court” with “the Family Court”.
Replace section 120(3A) with: “(3A) The High Court Rules and sections 309 to 312 of the Judi- 15 cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (3) as if it were an appeal under section 306 of that Act.” 20 In the heading to section 183, replace “of distress” with “to seize property”.

In section 183(1), replace “warrant of distress” with “warrant to seize property”.

In section 183(2), replace “warrant of distress” with “warrant to seize property”.
In section 183(3), replace “of distress” with “to seize property” in 25 each place.

In section 183(3), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 183(4), replace “warrant of distress” with “warrant to seize property”.

In section 183(5), replace “warrant of distress” with “warrant to seize property”.
30 1157 Schedule 6 Judicature Modernisation Bill Child Support Act 1991 (1991 No 142)—continued In section 183(6), replace “warrant of distress” with “warrant to seize property”.

In section 183(7), replace “warrant of distress” with “warrant to seize property”.

In section 183(9), replace “No distress” with “No seizure of prop- 5 erty”.

In section 183(9), replace “warrant of distress” with “warrant to seize property”.
Replace section 183(10) with: “(10) Section 357 of the Judicature Modernisation Act 2013 10 does not apply in relation to a warrant to seize property issued under this section.” 15 Children, Young Persons, and Their Families Act 1989 (1989 No 24) In the heading to section 321, replace “Courts” with “Court”.

In section 321(1), replace “Youth Courts and to proceedings in such courts” with “the Youth Court and to proceedings in that court”.
In section 321(2), replace “every Youth Court and its officers shall have all the powers and duties of a District Court” with “, the Youth Court and its officers have all the powers and duties of the District 20 Court”.

In section 321(3), replace “in a Youth Court” with “in the Youth Court”.

Replace section 321(4) with: “(4) Any officer of the District Court may act as an officer of the 25 Youth Court.” In section 321(5), replace “a Youth Court” with “the Youth Court”.
Replace section 346(1) with: “(1) The High Court Rules and sections 308 to 311 of the Judi- cature Modernisation Act 2013, with all necessary modi- 30 fications, apply to an appeal under section 341 as if it were an appeal under section 306 of that Act.” 1158 Judicature Modernisation Bill Schedule 6 Children, Young Persons, and Their Families Act 1989 (1989 No 24)—continued In section 346(2), replace “section 74(1) of the District Courts Act 1947” with “section 308(1) of the Judicature Modernisation Act 2013”.
Replace section 435A(6) with: “(6) This section is subject to section 207 of the Judicature 5 Modernisation Act 2013.” In section 448(1), replace “Youth Courts” with “the Youth Court”.

In section 448(2), replace “Youth Courts” with “the Youth Court”.

Replace section 448(2)(b) with: “(b) in the case of the District Court, under section 411 of 10 the Judicature Modernisation Act 2013:”.
In the Schedule 1 heading, replace “Courts and to proceedings in such courts” with “Court and to proceedings in Youth Court”.
In Schedule 1, replace clause 1 with: “1 15 Part 2 of the Judicature Modernisation Act 2013, except that— “(a) where any provisions of this Act conflict with any of the provisions of Part 2 of the Judicature Modernisation Act 2013, the provisions of this 20 Act prevail: “(b) nothing in section 254 of the Judicature Modernisation Act 2013 applies in respect of Youth Court Judges or the business of the Youth Court.” 25 Civil Aviation Act 1990 (1990 No 98) In section 66(1), replace “a District Court” with “the District Court”.
Replace section 69(2) with: “(2) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- 30 fications, apply to an appeal under subsection (1) as if it were an appeal under section 306 of that Act.” 1159 Schedule 6 Judicature Modernisation Bill Civil List Act 1979 (1979 No 33) Replace section 27(6) with: “(6) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (5) as if it were 5 an appeal under section 306 of that Act”.
Companies Act 1993 (1993 No 105) Replace section 185A with: “185A Jurisdiction of District Court “(1) The District Court has jurisdiction to exercise any power con- 10 “(b) “(c) ferred by sections 182 to 185 in any case where— “(a) the occasion for the exercise of the power arises in the course of civil proceedings properly before the court; or the amount of the claim or the value of the property or relief claimed or in issue is not more than $350,000; or 15 the parties agree, in accordance with section 263 of the Judicature Modernisation Act 2013, that the District Court has jurisdiction to determine the proceed- ings.
“(2) For the purposes of sections 268 to 270 of the Judicature 20 Modernisation Act 2013, an application made to the District Court under any of sections 182 to 185 is deemed to be a pro- ceeding.” Construction Contracts Act 2002 (2002 No 46) In section 52(1), replace “a District Court” with “the District Court”.
25 Replace section 52(2) with: “(2) The District Court has the jurisdiction to hear and determine an application for review under this section despite any limits imposed on the District Court in its ordinary civil jurisdiction by sections 256 to 261 of the Judicature Modernisation 30 Act 2013.” Replace section 81(1) with: “(1) In addition to all other powers conferred by Part 2 of the Ju- dicature Modernisation Act 2013, the Governor-General may, by Order in Council, make rules regulating the practice 35 1160 Judicature Modernisation Bill Schedule 6 Construction Contracts Act 2002 (2002 No 46)—continued and procedure of the District Court in proceedings under this Act.” In section 81(3), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
Consumer Guarantees Act 1993 (1993 No 91) In section 47(2)(b)(i), replace “200,000” with “350,000”.

In section 47(3)(a), replace “200,000” with “350,000”.

In section 47(3)(b), replace “200,000” with “350,000”.

In section 47(3)(c), replace “200,000” with “350,000”.

In section 47(3)(d), replace “200,000” with “350,000”.

5 10 Coroners Act 2006 (2006 No 38) In section 10(1)(b), replace “section 8(d) of the District Courts Act 1947” with “section 205(a) of the Judicature Modernisation Act 2013”.
In section 10(3), replace “section 8(d) of the District Courts Act 15 1947” with “section 205(a) of the Judicature Modernisation Act 2013”.

In section 108(8), replace “section 8(d) of the District Courts Act 1947” with “section 205(a) of the Judicature Modernisation Act 2013”.

In section 109(2)(a), replace “section 8(d) of the District Courts Act 1947” with “section 205(a) of the Judicature Modernisation Act 2013”.
In section 110(6), replace “section 8(d) of the District Courts Act 1947” with “section 205(a) of the Judicature Modernisation 25 Act 2013”.

In section 114(3), replace “section 8(d) of the District Courts Act 1947” with “section 205(a) of the Judicature Modernisation Act 2013”.

In Schedule 3, clause 1(b)(ii), replace “section 8(d) of the District 30 Courts Act 1947” with “section 205(a) of the Judicature Mod- ernisation Act 2013”.
20 1161 Schedule 6 Judicature Modernisation Bill Coroners Act 2006 (2006 No 38)—continued In Schedule 3, clause 13, replace “section 8(d) of the District Courts Act 1947” with “section 205(a) of the Judicature Modernisa- tion Act 2013”.

Courts (Remote Participation) Act 2010 (2010 No 94) In section 3, replace the definition of District Court with: 5 “District Court includes— “(a) “(b) the Family Court and the Youth Court; and the District Court sitting in its admiralty jurisdiction”.
Courts Security Act 1999 (1999 No 115) In section 33(1), replace “section 112 of the District Courts Act 1947” 10 with “section 161 of the Judicature Modernisation Act 2013”.

Credit Contracts and Consumer Finance Act 2003 (2003 No 52) Replace section 86 with: “86 “(1) The District Court may hear and determine proceedings for 15 Jurisdiction of District Court offences against any of the provisions of this Act.
“(2) The District Court may hear and determine applications for “(b) orders under any of the provisions of this Act if— “(a) the occasion for the exercise of the power arises in the course of civil proceedings properly before the court; or 20 in the case of— “(i) a revolving credit contract that has a credit limit, the credit limit does not exceed $350,000; or any other credit contract, the total of all advances made and agreed to be made under the credit con- 25 tract does not exceed $350,000; or “(ii) “(iii) a consumer lease, the cash price of the goods hired does not exceed $350,000; or “(iv) a buy-back transaction, the amount of the consid- eration paid by the transferee under the transac- 30 tion does not exceed $350,000; or “(c) the parties agree, in accordance with section 263 of the Judicature Modernisation Act 2013, that the 1162 Judicature Modernisation Bill Schedule 6 Credit Contracts and Consumer Finance Act 2003 (2003 No 52)—continued District Court has jurisdiction to hear and determine the application.
“(3) The District Court does not have jurisdiction to hear and de- termine applications for injunctions under section 96.
“(4) For the purposes of sections 268 to 270 of the Judicature 5 Modernisation Act 2013, an application made to the District Court for an order under this Act is to be treated as a proceed- ing.” Credit (Repossession) Act 1997 (1997 No 85) Replace section 39 with: “39 10 “(b) Jurisdiction of District Court The District Court has jurisdiction to exercise any power con- ferred by any of the provisions of this Act in any case where— the occasion for the exercise of the power arises in the “(a) course of civil proceedings properly before the court; or 15 the total amount in respect of which an order of the court is sought is not more than $350,000; or the parties agree, in accordance with section 263 of the Judicature Modernisation Act 2013, that the District Court has jurisdiction to hear and determine the 20 application.” “(c) Crimes Act 1961 (1961 No 43) In section 2(1), replace the definition of Judge with: “Judge, in relation to the District Court, or District Court Judge means a Judge who holds a warrant under section 195 25 of the Judicature Modernisation Act 2013 to conduct jury trials”.
In section 2(1), definition of Registrar, paragraph (b), replace “a District Court” with “the District Court”.

In section 406(1)(a), replace “a District Court” with “the District 30 Court”.

1163 Schedule 6 Judicature Modernisation Bill Criminal Procedure Act 2011 (2011 No 81) Replace section 4(1)(y) and the heading above that paragraph with: “Jurisdiction of District Court “(y) Part 7 contains provisions about the jurisdiction of the District Court.
These set out the jurisdiction of Com- 5 munity Magistrates and Justices to conduct various pro- ceedings and to sentence offenders.

They also require a District Court Judge conducting jury trials to hold a jury trial warrant under Part 2 of the Judicature Moderni- sation Act 2013:”.

10 15 In section 5, definition of level of trial court, replace “a District Court” with “the District Court”.
In section 5, definition of rules of court, replace “section 122 of the District Courts Act 1947” with “section 411 of the Judicature Modernisation Act 2013”.

In section 34(2), replace “before a District Court” with “before the District Court”.

In section 34(3), replace “a District Court” with “the District Court”.

In section 35(3)(b), replace “section 4A of the District Courts Act 1947” with “section 254 of the Judicature Modernisation Act 20 2013”.
In section 36(3)(b), replace “section 4A of the District Courts Act 1947” with “section 254 of the Judicature Modernisation Act 2013”.

In section 71(4)(a), replace “section 4A of the District Courts Act 25 1947” with “section 254 of the Judicature Modernisation Act 2013”.

In section 72(3), replace “a District Court” with “the District Court”.

In section 72(4)(b), replace “a District Court” with “the District Court”.
In section 72(5)(a), replace “section 4A of the District Courts Act 1947” with “section 254 of the Judicature Modernisation Act 2013”.

In section 73(3), replace “a District Court” with “the District Court”.

In section 73(4)(b), replace “a District Court” with “the District 35 Court”.

30 1164 Judicature Modernisation Bill Schedule 6 Criminal Procedure Act 2011 (2011 No 81)—continued In section 73(5), replace “a District Court” with “the District Court” in each place.
In section 73(6)(a), replace “section 4A of the District Courts Act 1947” with “section 254 of the Judicature Modernisation Act 2013”.

In the Part 7 heading, replace “Courts” with “Court”.

In section 353(1), replace “a District Court” with “the District Court”.
Replace section 354 and the cross-heading above section 354 with: “Jurisdiction of District Court in relation to jury trials “354 Jurisdiction of District Court in relation to jury trials “(1) This section applies if the trial of a proceeding is to be a jury trial and the level of trial court is the District Court.

“(2) Only the District Court at a place appointed under section 5 10 191(5) of the Judicature Modernisation Act 2013 has jur- 15 isdiction to conduct a jury trial.
“(3) Only the District Court presided over by a District Court Judge who holds a warrant under section 195 of the Judicature Modernisation Act 2013 to conduct jury trials has jurisdic- tion to conduct the jury trial or exercise any of the powers of 20 the court under subpart 8 of Part 3 in relation to the proceed- ing.”.

In section 355(1), replace “A District Court” with “The District Court”.

In section 355(2), replace “A District Court” with “The District 25 Court”.
In section 355(3), replace “A District Court” with “The District Court”.

In section 356(1), replace “A District Court” with “The District Court”.

In section 356(1)(a), replace “a District Court” with “the District Court”.

In section 356(2), replace “A District Court” with “The District Court”.

30 1165 Schedule 6 Judicature Modernisation Bill Criminal Procedure Act 2011 (2011 No 81)—continued In section 357(2), replace “a District Court” with “The District Court”.
Replace section 357(3) with: “(3) The District Court presided over by 1 or more Community Magistrates may not impose on any person for any offence a 5 sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002).” 15 In section 357(4), replace “A District Court” with “The District Court”.

In section 358(1), replace “a District Court” with “the District Court”.

10 In section 358(2), replace “a District Court” with “the District Court”.
In section 359, replace “A District Court” with “The District Court”.

In section 360(1), replace “A District Court” with “The District Court” and replace “a District Court presided” with “the District Court presided”.

In section 360(2), replace “a District Court” with “the District Court”.

In section 360(3), replace “A District Court” with “The District Court”.

In section 361(1), replace “A District Court” with “The District Court”.
In section 361(4), replace “a District Court” with “the District Court”.

In section 362(1), replace “a District Court” with “the District Court”.

In section 362(2), replace “a District Court” with “the District Court”.

In section 362(3), replace “a District Court” with “the District Court”.

In section 362(4), replace “a District Court” with “the District Court”.

25 In section 363(1), replace “a District Court presided” with “the Dis- trict Court presided” in each place.
In section 363(2), replace “A District Court” with “The District Court”.

In section 366, replace “a District Court presided” with “the District 30 Court presided”.

In section 368(1), replace “of a District Court” with “of the District Court”.

In section 369(1)(a), replace “a District Court presided” with “the District Court presided”.
35 20 1166 Judicature Modernisation Bill Schedule 6 Criminal Procedure Act 2011 (2011 No 81)—continued In section 370(3), replace “a District Court presided” with “the Dis- trict Court presided”.

In section 371(1)(a), replace “a District Court” with “the District Court”.

In section 371(2), replace “A District Court” with “The District 5 Court”.

In section 372(1), replace “a District Court presided” with “the Dis- trict Court presided”.

In section 380(2), replace “a Youth Court” with “the Youth Court”.
In section 380(4), replace “a Youth Court” with “the Youth Court”.

In section 383(1), replace “a District Court” with “the District Court”.

In section 386(1), replace “section 122(1) of the District Courts Act 1947” with “section 411(1) of the Judicature Modernisation Act 2013”.

In section 386(5), replace “District Courts” with “the District Court”.
15 10 20 Criminal Records (Clean Slate) Act 2004 (2004 No 36) In section 4(1), definition of registrar, replace “a District Court” with “the District Court” in each place.

In section 9(1), replace “a District Court” with “the District Court”.

In section 9(2), replace “a District Court” with “the District Court”.

In section 10(1), replace “a District Court” with “the District Court”.

In section 10(3), replace “a District Court” with “the District Court”.
In section 10(8), replace “A District Court” with “The District Court”.

In section 12(1), replace “a District Court” with “the District Court”.

25 In section 22(1), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 22(1)(a), replace “District Courts” with “the District Court”.

In section 22(1)(b), replace “District Courts” with “the District 30 Court”.
In section 22(3), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
1167 Schedule 6 Judicature Modernisation Bill Crown Proceedings Act 1950 (1950 No 54) In section 2(1), definition of court, replace “a District Court consti- tuted under the District Courts Act 1947, a Disputes Tribunal con- stituted under the Disputes Tribunals Act 1988” with “the District Court constituted under Part 2 of the Judicature Modernisation 5 Act 2013, the Disputes Tribunal constituted under the Disputes Tri- bunal Act 1988”.
In section 15(1), replace “a District Court” with “the District Court”.

In section 29(2),— (a) replace “section 109 of the District Courts Act 1947” with 10 “section 392 of the Judicature Modernisation Act 2013”; and (b) replace “in a District Court” with “in the District Court”.

In Schedule 1, replace the item relating to the District Courts Act 1947 with: “Part 2 of the Judicature Modernisation Act 2013 (2013 No 00)”.
15 Customs and Excise Act 1996 (1996 No 27) In section 110(4), replace “Section 109 of the District Courts Act 1947” with “Section 392 of the Judicature Modernisation Act 20 2013”.

Disputes Tribunals Act 1988 (1988 No 110) In section 1(1), replace “Tribunals” with “Tribunal”.

In section 2, replace “a Tribunal” with “the Tribunal” in each place.
In section 2, definition of Registrar, delete replace “the Registrar 25 of the District Court of which the Tribunal is a division pursuant to section 4(4)” with “a Registrar of the District Court”.

In section 2, definition of Tribunal, replace “a Disputes Tribunal established” with “the Disputes Tribunal established as a division of the District Court” .

In the Part 1 heading, replace “Tribunals” with “Tribunal”.
Replace section 4 with: “4 “(1) The District Court has a division known as the Disputes Tri- Disputes Tribunal is division of District Court 30 bunal.

1168 35 Judicature Modernisation Bill Schedule 6 Disputes Tribunals Act 1988 (1988 No 110)—continued “(2) Each Disputes Tribunal that is in existence immediately before this section comes into force ceases to be a division of the District Court and is constituted an office of the Tribunal.
“4A Offices of Tribunal The Minister of the Crown who is responsible for the Ministry 5 of Justice may from time to time, by notice in the Gazette,— establish such offices of the Tribunal as that Minister “(a) thinks fit; and “(b) disestablish an office of the Tribunal and direct how the records of that office must be dealt with.” 10 Replace section 6(1) with: “(1) Subject to any directions given under subsection (2), a Regis- trar must determine the days, times, and places of the regular sessions of the Tribunal.” 15 20 In section 8(2)(a), delete “of a District Court”.
In the heading to Part 2, replace “Tribunals” with “Tribunal”.

In the heading to section 10, replace “Tribunals” with “Tribunal”.

In section 10(1), replace “a Tribunal” with “the Tribunal”.

In section 10(1A), replace “A Tribunal” with “The Tribunal”.

In section 10(2), replace “A Tribunal” with “The Tribunal”.

In section 10(3), replace “a Tribunal” with “the Tribunal”.

In section 11(1)(b)(i), replace “a Tribunal” with “the Tribunal”.

In section 11(2), replace “a Tribunal” with “the Tribunal”.
In section 11(7), replace “a Tribunal” with “the Tribunal”.

In section 11(9), replace “A Tribunal” with “The Tribunal”.

In section 12(1), replace “a Tribunal” with “the Tribunal” in each place.

In section 12(3), replace “a Tribunal” with “the Tribunal” in each place.

In section 13(1), replace “a Tribunal” with “the Tribunal” in each 30 place.

In section 13(2), replace “a Tribunal” with “the Tribunal”.

In section 14, replace “a Tribunal” with “the Tribunal”.
In section 15, replace “a Tribunal” with “the Tribunal”.

25 1169 Schedule 6 Judicature Modernisation Bill Disputes Tribunals Act 1988 (1988 No 110)—continued In section 16(1)(a), replace “a Tribunal” with “the Tribunal”.

In section 16(2), replace “a Tribunal” with “the Tribunal”.

In section 16(4), replace “a Tribunal” with “the Tribunal”.

In section 17(1), replace “a Tribunal” with “the Tribunal” in each place.

In section 17(2), replace “a Tribunal” with “the Tribunal” in each place.
In section 18(4), replace “a Tribunal” with “the Tribunal”.

In section 18(7), replace “a Tribunal” with “the Tribunal”.

In section 19(1), replace “A Tribunal” with “The Tribunal”.

In section 19(2), replace “a Tribunal” with “the Tribunal”.

In section 19(3), replace “a Tribunal” with “the Tribunal”.

In section 19(4), replace “a Tribunal” with “the Tribunal”.

In section 19(6), replace “a Tribunal” with “the Tribunal”.

In section 19(7), replace “a Tribunal” with “the Tribunal”.
In section 19(8), replace “a Tribunal” with “the Tribunal”.

In section 20(1), replace “a Tribunal” with “the Tribunal”.

In section 20(3), replace “a Tribunal” with “the Tribunal”.

In section 21(1), replace “A Tribunal” with “The Tribunal”.

In section 21(2), replace “A Tribunal” with “The Tribunal”.

In section 21(3), replace “a Tribunal” with “the Tribunal”.

In section 21(5), replace “a Tribunal” with “the Tribunal”.

In section 22(1), replace “A Tribunal” with “The Tribunal”.
In section 23, replace “a Tribunal” with “the Tribunal” in each place.

In the Part 3 heading, replace “Tribunals” with “Tribunal”.

In section 24(1), after “appropriate”, insert “office of the”.

In section 24(2), after “appropriate”, insert “office of the”.
Replace section 24(3) and (4) with: “(3) Where a claim is lodged with an office of the Tribunal, or transferred to that office under section 37, and the Tribunal 30 is satisfied that the claim can be more conveniently or fairly heard in some other office of the Tribunal, the Tribunal may order that the proceedings be transferred to that other office.
1170 Judicature Modernisation Bill Schedule 6 Disputes Tribunals Act 1988 (1988 No 110)—continued “(4) Where a claim is lodged with an office of the Tribunal, or transferred to that office under section 37, the Registrar may, on the application of any party, if all the parties to the claim consent, order that the proceedings be transferred to another office of the Tribunal.” 5 10 In section 25(2), replace “a Tribunal” with “the Tribunal”.

In section 26(2), replace “A Tribunal” with “The Tribunal”.
In section 27(1), replace “a Tribunal” with “the Tribunal”.

In section 27(2), replace “a Tribunal” with “the Tribunal”.

In section 27(4), replace “a Tribunal” with “the Tribunal”.

In section 27(5), definition of proceedings in a Tribunal, replace “a Tribunal” with “the Tribunal”.

In section 27(5)(a), replace “a Tribunal” with “the Tribunal” in each place.

In section 28(2), replace “a Tribunal” with “the Tribunal” in each 15 place.

In section 28(3), replace “a Tribunal” with “the Tribunal”.
In section 28(4), replace “a Tribunal” with “the Tribunal”.

In section 28(5)(a), replace “a Tribunal” with “the Tribunal”.

In section 29(1), replace “a Tribunal” with “the Tribunal” in each 20 place.

In section 29(3), replace “a Tribunal” with “the Tribunal”.

In section 30(1), replace “a Tribunal” with “the Tribunal”.

In section 31, replace “a Tribunal” with “the Tribunal”.

In section 32, replace “a Tribunal” with “the Tribunal”.

In section 33(1), replace “a Tribunal” with “the Tribunal”.
In section 33(2), replace “a Tribunal” with “the Tribunal”.

In section 34(1), replace “a Tribunal” with “the Tribunal”.

In section 34(1)(e), replace “a District Court” with “the District Court”.

In section 35(1), replace “a Tribunal” with “the Tribunal” in each place.

In section 35(5), replace “a Tribunal” with “the Tribunal”.

In section 35(6), replace “a Tribunal” with “the Tribunal”.
30 25 1171 Schedule 6 Judicature Modernisation Bill Disputes Tribunals Act 1988 (1988 No 110)—continued In section 36(1), replace “a Tribunal” with “the Tribunal”.

In section 36(1), replace “a District Court” with “the District Court”.

In section 36(2), “after section 37 to,” replace “a Tribunal” with “an office of the Tribunal”.

In section 36(2), replace “a District Court” with “the District Court” 5 in each place.
Replace section 36(3) with: “(3) The Tribunal may order that proceedings commenced in or transferred to the Tribunal may be transferred to a Motor Ve- hicle Disputes Tribunal specified by it if the proceedings— 10 are within the jurisdiction of a Motor Vehicle Disputes “(a) Tribunal constituted under section 82 of the Motor Ve- hicles Sales Act 2003; and “(b) would, in the opinion of the Tribunal, more properly be determined by a Motor Vehicle Disputes Tribunal.” 15 In section 36(4), replace “a Tribunal” with “the Tribunal”.
In section 37(1), replace “a Tribunal” with “the Tribunal” in each place.

In section 37(1), replace “in a District Court” with “in the District Court”.

In section 37(2), replace “a Tribunal” with “the Tribunal” in each place.

In section 37(3), replace “A Tribunal” with “The Tribunal”.

In section 38(4), replace “a Tribunal’s” with “the Tribunal’s”.

In section 38(5), replace “A Tribunal” with “The Tribunal”.

In section 38(6), replace “a Tribunal” with “the Tribunal”.
In section 38(7), replace “A Tribunal” with “The Tribunal”.

In section 38(8), replace “a Tribunal” with “the Tribunal”.

In section 39(1), replace “a Tribunal” with “the Tribunal”.

In section 39(2), replace “a Tribunal” with “the Tribunal”.

In section 39(3), replace “a Tribunal” with “the Tribunal”.

In section 39(3), replace “Tribunals” with “the Tribunal”.

In section 40(1), replace “a Tribunal” with “the Tribunal”.

In section 40(2), replace “A Tribunal” with “The Tribunal”.
20 25 30 1172 Judicature Modernisation Bill Schedule 6 Disputes Tribunals Act 1988 (1988 No 110)—continued In section 40(4), replace “A Tribunal” with “The Tribunal”.

In section 41(1), replace “A Tribunal” with “The Tribunal”.

In section 41(2), replace “a Tribunal” with “the Tribunal”.

In section 43(1), replace “a Tribunal” with “the Tribunal”.

In section 43(3)(a), replace “a Tribunal” with “the Tribunal”.
Replace section 43(4)(a) with: 5 “(a) any proceedings within the jurisdiction of the Tribunal have been commenced in the District Court; and”.

In section 43(4)(b), replace “a Tribunal” with “the Tribunal”.

In section 43(4)(c), replace “a Tribunal” with “the Tribunal” in each 10 place.

In section 43(4)(e), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 44, replace “a Tribunal” with “the Tribunal”.
Replace section 45(1) with: “(1) Every order made by the Tribunal requiring a party to pay money or deliver specific property to another party is taken to be an order of the District Court and, subject to this section, may be enforced accordingly.” 15 In section 45(2), replace “a District Court” with “the District Court”.
20 Replace section 47(1) with: “(1) Where a term of an agreed settlement approved by the Tribunal under section 18(3) provides for a party to pay money or de- liver specific property to another party, that term is taken to be an order of the District Court and, subject to this section, may 25 be enforced accordingly.” In section 47(2)(a), replace “a Tribunal” with “the Tribunal”.
In section 48, replace “section 113 of the District Courts Act 1947” with “section 402 of the Judicature Modernisation Act 2013”.

In section 49(1), replace “a Tribunal” with “the Tribunal”.

In section 49(2)(c), replace “a Tribunal” with “the Tribunal”.

In section 50(1), replace “a Tribunal may appeal to a District Court” with “the Tribunal may appeal to the District Court”.

In section 50(3), delete “of which the Tribunal is a division,”.
30 1173 Schedule 6 Judicature Modernisation Bill Disputes Tribunals Act 1988 (1988 No 110)—continued In section 51(2), replace “a Tribunal” with “the Tribunal”.

In section 52, replace “section 57 of the District Courts Act 1947” with “section 289 of the Judicature Modernisation Act 2013”.

In section 53(1)(b), replace “a District Court” with “the District Court”.

In section 54, replace “a Tribunal” with “the Tribunal” in each place.

In section 55, replace “a Tribunal” with “the Tribunal” in each place.
In section 55, replace “a District Court” with “the District Court”.

In section 56(1)(a), replace “a Tribunal” with “the Tribunal” in each place.

In section 56(1)(b), replace “a Tribunal” with “the Tribunal”.

In section 56(1)(c), replace “a Tribunal” with “the Tribunal”.

In section 56(1)(d), replace “a Tribunal” with “the Tribunal”.

In section 56(2), replace “a Tribunal” with “the Tribunal”.

In section 57, replace “Tribunals” with “the Tribunal”.
In section 58(2), replace “a Tribunal” with “the Tribunal”.

In section 58(3)(a), replace “a Tribunal” with “the Tribunal”.

In section 60(1)(a), replace “Tribunals” with “the Tribunal”.

In section 60(2)(b), replace “Tribunals” with “the Tribunal”.

In section 60(2)(c), replace “Tribunals” with “the Tribunal”.

In section 60(2)(e), replace “Tribunals” with “the Tribunal”.

In section 60(2)(ga), replace “Tribunals” with “the Tribunal”.
Replace section 60(2)(k) with: 5 10 15 20 “(k) the transfer of proceedings— “(i) “(ii) from the District Court or the High Court to the 25 Tribunal: from the Tribunal to the District Court or a Motor Vehicle Disputes Tribunal referred to in section 36(3): “(iii) from one office of the Tribunal to another:”.

30 Replace section 60(2)(l) with: “(l) the removal of orders of, or agreed settlements approved by, the Tribunal into the District Court for enforce- ment:”.
1174 Judicature Modernisation Bill Schedule 6 Disputes Tribunals Act 1988 (1988 No 110)—continued In section 60(2)(m), replace “Tribunals” with “the Tribunal”.

In the section 83 heading, replace “Disputes Tribunals” with “Dis- putes Tribunal”.

In section 83, replace “a Disputes Tribunal” with “the Disputes Tri- bunal” in each place.

In the Schedule 1 heading, replace “Tribunals” with “Tribunal”.

In Schedule 1, in the Part 1 heading, replace “Tribunals” with “Tri- bunal”.
In Schedule 1, in the Part 2 heading, replace “Tribunals” with “Tri- bunal”.

5 10 Disputes Tribunals Amendment Act 2011 (2011 No 37) In section 4, new section 18(4A) of the principal Act, replace “Dis- trict Courts Act 1947” with “Part 2 of the Judicature Moderni- sation Act 2013”.

In section 5, new section 19(1A) of the principal Act, replace “Dis- 15 trict Courts Act 1947” with “Part 2 of the Judicature Moderni- sation Act 2013”.
In section 5, new section 19(1C) of the principal Act, replace “section 84I(3) of the District Courts Act 1947” with “section 339(3) of the Judicature Modernisation Act 2013”.

In section 5, new section 19(1D) of the principal Act, replace “any District Court and, if so filed, sections 79(5C) and 84F to 84N of the District Courts Act 1947” with “the District Court and, if so filed, sections 321(2) and 336 to 344 of the Judicature Modernisa- tion Act 2013”.
In section 5, new section 19(1E) of the principal Act, replace “sec- tion 84F of the District Courts Act 1947” with “section 336 of the Judicature Modernisation Act 2013”.

20 25 Domestic Violence Act 1995 (1995 No 86) In section 2, definition of court, replace “a Family Court or a” with 30 “the Family Court or the”.
1175 Schedule 6 Judicature Modernisation Bill Domestic Violence Act 1995 (1995 No 86)—continued In section 54(2), replace “section 31(1)(d) of the District Courts Act 1947” with “section 261(2)(c) of the Judicature Modernisation Act 2013”.
Replace section 91(2) with: “(2) The High Court Rules and sections 308 to 312 of the Judi- 5 cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were an appeal under section 306 of that Act.” In section 91(3), replace “section 74(1) of the District Courts Act 1947” with “section 308(1) of the Judicature Modernisation 10 Act 2013”.

In section 126(1), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
In section 126(1)(a), replace “District Courts” with “the District Court”.

In section 126(2)(i), replace “District Courts” with “the District Court”.

In section 126(2)(j), replace “District Courts Rules 2009” with “Dis- trict Court Rules 2014”.

15 Electricity Act 1992 (1992 No 122) In section 14(1), replace “a District Court ” with “the District Court”.
Replace section 14(1A) with: “(1A) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were 25 an appeal under section 306 of that Act.” 20 In section 14(2), replace “section 74(1) of the District Courts Act 1947” with “section 308(1) of the Judicature Modernisation Act 2013”.
Electronic Transactions Act 2002 (2002 No 35) In the Schedule, Part 4, replace items (2) to (5) with: “(2) the District Court reconstituted under section 188 of the Ju- dicature Modernisation Act 2013: 30 1176 Judicature Modernisation Bill Schedule 6 Electronic Transactions Act 2002 (2002 No 35)—continued “(3) “(4) “(5) the Family Court established under the Family Court Act 1980: the Youth Court established under the Children, Young Per- sons, and Their Families Act 1989: the Disputes Tribunal established under the Dispute Tribunal 5 Act 1988:”.
Employment Relations Act 2000 (2000 No 24) In Schedule 2, clause 7(1), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In Schedule 2, clause 7(2), replace “District Courts Act 1947” with 10 “Part 2 of the Judicature Modernisation Act 2013” and replace “a District Court” with “the District Court”.

In Schedule 2, clause 7(2), replace “a District Court” with “the Dis- trict Court”.
In Schedule 2, clause 7(3), replace “a District Court” with “the Dis- 15 trict Court”.

In Schedule 3, clause 8(1), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In Schedule 3, clause 8(2), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013” and replace 20 “a District Court” with “the District Court”.

In Schedule 3, clause 8(2), replace “a District Court” with “the Dis- trict Court”.
In Schedule 3, clause 8(3), replace “a District Court” with “the Dis- trict Court”.

In Schedule 3, clause 13(1), replace “a District Court may make under section 56A or 56B of the District Courts Act 1947” with “the District Court may make under section 287 or 288 of the Judica- ture Modernisation Act 2013”.

In Schedule 3, clause 13(2), replace “section 56A or section 56B 30 of the District Courts Act 1947” with “section 287 or 288 of the Judicature Modernisation Act 2013”.
25 Evidence Act 2006 (2006 No 69) In section 4(1), definition of court, replace “any” with “the”.

1177 Schedule 6 Judicature Modernisation Bill Evidence Act 2006 (2006 No 69)—continued In section 4(1), replace the definition of District Court with: “District Court includes— the Family Court; and “(a) the Youth Court”.

“(b) In section 110(6)(a), replace “District Courts Act 1947” with “Part 5 2 of the Judicature Modernisation Act 2013”.

In section 110(6)(b), replace “a Youth Court” with “the Youth Court”.
In section 200(1), replace “District Courts Act 1947, and the Family Courts Act 1980,” with “Part 2 of the Judicature Modernisation Act 2013, and the Family Court Act 1980,”.

10 Fair Trading Act 1986 (1989 1986 No 121) In section 43(1), replace “a Disputes Tribunal” with “the Disputes Tribunal”.

In section 43(3), replace “200,000” with “350,000” in each place.

In section 43A, replace “a Disputes Tribunal” with “the Disputes Tri- 15 bunal”.
Replace section 43B(1) with: “(1) The District Court must not make an order under section 43 if a value or amount described in subsection (3) exceeds $350,000 or, if greater, the amount specified in section 256 of the 20 Judicature Modernisation Act 2013.” In section 43B(2), replace “A Disputes Tribunal” with “The Disputes Tribunal”.

Family Courts Act 1980 (1980 No 161) Repeal the Long Title.

In the section 1 heading, delete “Short”.

In section 1(1), replace “Courts” with “Court”.


In section 2, replace the definition of District Courts Rules with: “District Court Rules means the rules made under section 411 of the Judicature Modernisation Act 2013”.

In section 2, definition of Family Courts Rules, replace “Courts” with “Court”.
25 30 1178 Judicature Modernisation Bill Schedule 6 Family Courts Act 1980 (1980 No 161)—continued Replace section 4 with: “4 Establishment of Family Court The District Court has a division known as the Family Court.” In section 5(1), replace “Family Courts” with “the Family Court”.
In section 7(2), replace “pursuant to section 10 of the District Courts 5 Act 1947 and also including any acting District Court Judge ap- pointed pursuant to section 10A of that Act” with “under section 214 of the Judicature Modernisation Act 2013”.

In section 8(1), replace “Courts” with “Court”.

In section 8(2), replace “Family Courts to perform any function con- 10 ferred on them” with “the Family Court to perform any function con- ferred on it”.
In section 8(3), replace “a Family Court, shall for the purposes of the District Courts Act 1947 be” with “the Family Court, is for the pur- poses of the District Court Part 2 of the Judicature Modernisa- 15 tion Act 2013”.

In section 9(3), replace “sittings of a Family Court” with “sessions of the Family Court”.

In section 9(4), replace “sittings of a Family Court shall be” with “sessions of the Family Court are”.
Replace section 9(6) with: “(6) This section is subject to section 207 of the Judicature 20 Modernisation Act 2013.” In section 10(2), replace “a Family Court” with “the Family Court”.

In section 10(3), replace “a Family Court” with “the Family Court”.

25 In the heading to section 11, replace “Courts” with “Court”.
In section 11(1), replace “A Family Court shall hear and determine all such proceedings as are to be heard and determined by such a court” with “The Family Court must hear and determine all the proceedings that are to be heard and determined by the court”.

In section 11(2), replace “a Family Court” with “the Family Court”.

In section 11(3), replace “prevent a District Court” with “prevent the District Court”.

In section 11A(1), replace “a Family Court” with “the Family Court”.
In section 11B(1), replace “a Family Court” with “the Family Court”.

35 30 1179 Schedule 6 Judicature Modernisation Bill Family Courts Act 1980 (1980 No 161)—continued In section 11B(3), replace “a Family Court” with “the Family Court”.

In section 11D(a), replace “a Family Court” with “the Family Court”.

In section 11D(f), replace “a Family Court” with “the Family Court”.

In the heading to section 12, replace “Courts” with “Court”.
In section 12, replace “Family Courts Rules are in force, all proceed- 5 ings in a Family Court (and all proceedings in a District Court” with “Family Court Rules are in force, all proceedings in the Family Court (and all proceedings in the District Court”.

In section 13, replace “A Family Court” with “The Family Court”.

In section 14, replace “a Family Court” with “the Family Court”.

In the heading to section 15, replace “Courts” with “Court”.
In section 15, replace “a District Court” with “the District Court”.

In section 15(a), replace “a Family Court” with “the Family Court”.

In section 15(c)(ii), replace “a Family Court” with “the Family Court”.
Replace section 16 with: “16 Application of Part 2 of Judicature Modernisation Act 10 15 2013 “(1) Subject to subsections (2) to (4), Part 2 of the Judicature Modernisation Act 2013 applies, with any necessary modi- 20 fications, to the Family Court and Family Court Judges in the same manner and to the same extent as it applies to the Dis- trict Court and District Court Judges.
“(2) Where any of the provisions of this Act conflict with any of the provisions of Part 2 of the Judicature Modernisation 25 Act 2013, the provisions of this Act prevail.

“(3) Nothing in sections 207 and 254 of the Judicature Mod- ernisation Act 2013 applies in respect of Family Court Judges or the business of the Family Court.
“(4) Nothing in sections 307 to 312 of the Judicature Mod- 30 ernisation Act 2013 applies to the Family Court, Family Court Judges, or the business of the Family Court, except to the extent that an enactment other than that Act provides.” In the heading to section 16A, replace “Courts” with “Court”.

In section 16A(1), replace “Family Courts” with “the Family Court”.
35 1180 Judicature Modernisation Bill Schedule 6 Family Courts Act 1980 (1980 No 161)—continued In section 16A(2)(a), replace “District Courts” with “District Court”.

In section 16A(2)(a), replace “a Family Court” with “the Family Court” in each place.

In section 16A(2)(g), replace “Family Courts, or between a Family Court” with “the Family Court”.

In section 16A(2)(i), replace “Family Courts” with “the Family Court”.

In section 16B(1)(a), replace “a Family Court” with “the Family Court”.
In section 16B(1)(b), replace “Family Courts” with “the Family 10 Court”.

In section 16B(1)(d), replace “Family Courts” with “the Family Court”.

5 Family Proceedings Act 1980 (1980 No 94) In section 2, replace the definition of Family Court with: 15 “Family Court means the division of the District Court known, in accordance with section 4 of the Family Court Act 1980, as the Family Court”.

20 In section 4, replace “District Courts, and Family Courts” with “the District Court, and the Family Court”.
In section 9(1), replace “a Family Court” with “the Family Court”.

In section 9(2), replace “a Family Court” with “the Family Court”.

In section 13(1), replace “in a Family Court” with “in the Family Court”.

In section 15(1), replace “a Family Court” with “the Family Court”.

25 In section 15(3), replace “a Family Court” with “the Family Court”.

In section 21, replace “a Family Court” with “the Family Court”.

In section 22, replace “a Family Court” with “the Family Court”.
In section 23, replace “a Family Court” with “the Family Court”.

In section 24(2), replace “a Family Court” with “the Family Court”.

30 In section 25(1), replace “a Family Court” with “the Family Court”.

In section 28(1), replace “a Family Court” with “the Family Court”.

In section 28(2), replace “a Family Court” with “the Family Court”.

1181 Schedule 6 Judicature Modernisation Bill Family Proceedings Act 1980 (1980 No 94)—continued In section 30, replace “a Family Court” with “the Family Court”.
In section 31(2), replace “a Family Court” with “the Family Court”.

In section 33, replace “a Family Court” with “the Family Court”.

In section 34, replace “a Family Court” with “the Family Court”.

In section 38(1), replace “a Family Court” with “the Family Court”.

5 In section 45(1), replace “A Family Court” with “The Family Court”.

In section 45(2), replace “A Family Court” with “The Family Court”.

In section 50, replace “a Family Court” with “the Family Court”.
In section 68, replace “a Family Court” with “the Family Court”.

In section 69(1), replace “a Family Court” with “the Family Court”.

10 In section 70(1), replace “A Family Court” with “The Family Court”.

In section 71(2), replace “a Family Court” with “the Family Court”.

In section 71(4), replace “a Family Court” with “the Family Court”.

In section 78(1), replace “a Family Court” with “the Family Court”.

In section 78(2), replace “a Family Court” with “the Family Court”.
15 In section 78(5), replace “a Family Court” with “the Family Court”.

In section 78(6), replace “a Family Court” with “the Family Court”.

In section 80, replace “a Family Court” with “the Family Court”.

In section 82(5), replace “a Family Court” with “the Family Court”.

In section 99(1), replace “a Family Court or a District Court” with 20 “the Family Court or the District Court”.

In section 136, replace “the office of a District Court” with “the Dis- trict Court”.
In section 137, replace “a District Court” with “the District Court”.

In section 138(2), replace “a District Court” with “the District Court”.

25 In section 139(2), replace “a District Court” with “the District Court”.

In section 142(1), replace “a District Court” with “the District Court”.

In section 142(5), replace “a District Court” with “the District Court”.

In section 142B(1), replace “A District Court” with “The District Court”.
In section 145A, replace “a District Court” with “the District Court”.

In section 145F, replace “a Family Court” with “the Family Court”.

30 1182 Judicature Modernisation Bill Schedule 6 Family Proceedings Act 1980 (1980 No 94)—continued In section 145G(1), replace “a Family Court” with “the Family Court”.

In section 145I(3), replace “a Family Court” with “the Family Court”.

In section 146(1), replace “a District Court” with “the District Court”.
In section 146(1)(a), replace “of any other District Court which” with 5 “at the office of the court that”.

In section 147(1), replace “a District Court” with “the District Court”.

In section 147(2), replace “a District Court” with “the District Court”.

In section 149(2), replace “a District Court” with “the District Court”.

In section 149(4), replace “a District Court” with “the District Court”.

10 In section 149(5), replace “a District Court” with “the District Court”.
In section 160(1), replace “Family Courts Act 1980” with “Family Court Act 1980”.

In section 162(6), replace “a District Court” with “the District Court”.

In section 163(1), replace “A District Court or Family Court” with 15 “The District Court or the Family Court”.

In section 163(2), replace “A District Court or Family Court” with “The District Court or the Family Court”.

In section 165(1), replace “a District Court or Family Court” with “the District Court or the Family Court”.
In section 169, replace “Family Courts Act 1980” with “Family Court Act 1980”.

In section 169(a), replace “a Family Court” with “the Family Court”.

In section 170, replace “a District Court or a Family Court” with “the District Court or the Family Court”.

In section 171(2), replace “a District Court or Family Court” with “the District Court or the Family Court”.

In section 172, replace “a District Court or a Family Court” with “the District Court or the Family Court” in each place.
In the section 174A heading, replace “District Courts and Family 30 Courts” with “District Court and Family Court”.

In section 174(1AA), replace “a Family Court or District Court” with “the Family Court or the District Court”.
25 20 1183 Schedule 6 Judicature Modernisation Bill Family Proceedings Act 1980 (1980 No 94)—continued Replace section 174(1A1B) with: “(1B) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were an appeal under section 306 of that Act.” 5 In section 174(2), replace “section 74(1) of the District Courts Act 1947” with “section 308(1) of the Judicature Modernisation Act 2013”.
In section 174(3), replace “a Family Court” with “the Family Court”.

In section 182(1), replace “a Family Court” with “the Family Court”.

10 In section 182(2), replace “a Family Court” with “the Family Court”.

In section 188(1), replace “District Courts ” with “the District Court”.

In section 188(1A), replace “Family Courts Act 1980” with “Family Court Act 1980”.

In section 188(1A), replace “of Family Courts” with “of the Family 15 Court”.
In section 188(2), replace “Family Courts Act 1980” with “Family Court Act 1980”.

Fencing Act 1978 (1978 No 50) In section 2, replace the definition of court with: “court means— “(a) the District Court under Part 2 of the Judicature Modernisation Act 2013: the Disputes Tribunal with jurisdiction under section 24A”.

“(b) 20 25 In the heading to section 23, replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
In section 23(1), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In the heading to section 24A, replace “Tribunals” with “Tribunal”.

30 In section 24A(1), replace “a Disputes Tribunal” with “the Disputes Tribunal”.

In section 24A(1), replace “Tribunals” with “Tribunal” 1184 Judicature Modernisation Bill Schedule 6 Fencing Act 1978 (1978 No 50)—continued In section 24A(2), replace “a Disputes Tribunal” with “the Disputes Tribunal”.
In section 24A(2), replace “a Tribunal” with “the Tribunal”.

In section 24A(3), replace “a Disputes Tribunal” with “the Disputes Tribunal” In section 24A(3), replace “Tribunals” with “Tribunal” In Schedule 1, form 2, replace “a District Court” with “the District Court”.

5 Food Act 1981 (1981 No 45) In section 16(1), replace “a District Court” with “the District Court”.

10 In section 16(8), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
Gambling Act 2003 (2003 No 51) In section 112(2)(a), replace “200,000” with “350,000”.

In section 112(2)(b), replace “200,000” with “350,000”.
15 Gas Act 1992 (1992 No 124) Replace section 15(1A) with: “(1A) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were 20 an appeal under section 306 of that Act.” In section 15(2), replace “section 74(1) of the District Courts Act 1947” with “section 308(1) of the Judicature Modernisation Act 2013”.
Government Superannuation Fund Act 1956 (1956 No 47) In section 72, definition of Judge, paragraph (e), replace “section 5A of the District Courts Act 1947” with “section 207 of the Judica- ture Modernisation Act 2013”.

In section 72, definition of Judge, paragraph (f), replace “section 5 of the District Courts Act 1947” with “section 192 of the Judicature 30 Modernisation Act 2013”.
25 1185 Schedule 6 Judicature Modernisation Bill Government Superannuation Fund Act 1956 (1956 No 47)—continued In section 72, definition of temporary Judge, paragraph (e), replace “section 10 or section 10A of the District Courts Act 1947” with “section 214 of the Judicature Modernisation Act 2013”.

In section 81A, definition of Judge, paragraph (e), replace “section 5 or section 5A of the District Courts Act 1947” with “section 192 5 and or 207 of the Judicature Modernisation Act 2013”.
In section 81A, definition of temporary Judge, paragraph (e), re- place “section 10 of the District Courts Act 1947” with “section 214 of the Judicature Modernisation Act 2013”.
Governor-General Act 2010 (2010 No 122) Replace section 17(2) with: “(2) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were an appeal under section 306 of that Act.” 10 15 Harassment Act 1997 (1997 No 92) In section 2(1), definition of court, replace “a District Court;” with “the District Court”.

In section 34(1AA), replace “a Family Court or” with “the Family Court or the”.
Replace section 34(2) with: “(2) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were an appeal under section 306 of that Act.” In section 34(3), replace “section 74(1) of the District Courts Act 1947” with “section 308(1) of the Judicature Modernisation Act 2013”.

In section 42(1), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
In section 42(1)(a), replace “District Courts” with “the District Court”.

20 25 30 1186 Judicature Modernisation Bill Schedule 6 Harassment Act 1997 (1997 No 92)—continued In section 42(1)(2)(g), replace “District Courts, Family Courts” with “the District Court, the Family Court”.

In section 42(2)(h), replace “District Courts Rules 2009” with “Dis- trict Court Rules 2014”.

In section 42(3), replace “District Courts Rules 2009” with “District 5 Court Rules 2014”.
Health Act 1956 (1956 No 65) In section 33(1), replace “a District Court presided” with “the District Court presided”.

In section 43(1), replace “a District Court” with “the District Court”.

10 In section 43(4), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 45(2), replace “a District Court” with “the District Court”.

In section 71(2), replace “a District Court” with “the District Court”.
In section 87(6), replace “a District Court” with “the District Court”.

15 In section 126(1), replace “a District Court” with “the District Court”.

In section 132(a), replace “a District Court” with “the District Court”.

Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76) In section 62(5), replace “a District Court” with “the District Court”.

20 In section 62(5)(c), replace “District Courts Rules 2009” with “District Court Rules 2014”.
In section 63(1)(a)(iii), replace “a District Court, and providing that the District Courts Act 1947” with “the District Court, and providing that Part 2 of the Judicature Modernisation Act 2013”.

25 Human Rights Act 1993 (1993 No 82) In section 92G(1)(b)(i), replace “a District Court” with “the District Court”.

In section 92H(1)(b)(i), replace “a District Court” with “the District Court”.
In section 92Q(2), replace “sections 29 to 34 of the District Courts Act 1947, be beyond the jurisdiction of a” with “sections 256 to 30 1187 Schedule 6 Judicature Modernisation Bill Human Rights Act 1993 (1993 No 82)—continued 261 of the Judicature Modernisation Act 2013, be beyond the jurisdiction of the”.

In section 92V(1), replace “section 29(1) of the District Courts Act 1947” with “section 256(1) of the Judicature Modernisation Act 2013”.
In section 112, replace “a District Court” with “the District Court”.

In section 114(2), replace “any District Court” with “the District Court”.

5 Hutt Valley Drainage Act 1967 (1967 No 3) In section 45(3), replace “District Courts Act 1947” with “Part 2 of 10 the Judicature Modernisation Act 2013”.
Imprisonment for Debt Limitation Act 1908 (1908 No 80) In section 3(2)(b), replace “a District Court under the Summary Pro- ceedings Act 1957, or otherwise than under the District Courts Act 1947” with “the District Court under the Summary Proceedings Act 15 1957, or otherwise than under Part 2 of the Judicature Moderni- sation Act 2013”.

Insolvency Act 2006 (2006 No 55) In section 152(2), replace “a District Court” with “the District Court”.

In section 241(1), replace “200,000” with “350,000”.
In section 241(2), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 241(3), replace “200,000” with “350,000”.

In section 352(3), replace “a District Court” with “the District Court”.

In section 359(2), replace “a District Court” with “the District Court”.

25 20 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (2003 No 116) In section 116(1), replace “a Family Court” with “the Family Court”.
In section 119(1), replace “a Family Court” with “the Family Court”.

In section 130, replace “Courts” with “Court”.

In section 130(a), replace “a Family Court” with “the Family Court”.

30 1188 Judicature Modernisation Bill Schedule 6 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (2003 No 116)—continued In the heading to section 133, replace “Courts” with “Court”.

In section 133(1), replace “a Family Court” with “the Family Court”.
Replace section 133(2) with: “(2) The High Court Rules and sections 308 to 310 of the Judi- cature Modernisation Act 2013, with all necessary modi- 5 fications, apply to an appeal under subsection (1) as if it were an appeal under section 306 of that Act.” In section 133(3), replace “section 74(1) of the District Courts Act 1947” with “section 308(1) of the Judicature Modernisation Act 2013”.
In section 149, replace “Family Courts Act 1980 regulating the prac- tice and procedure of Family Courts” with “Family Court Act 1980 regulating the practice and procedure of the Family Court”.

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38) In section 5, definition of District Court Judge, paragraph (a), re- place “section 8(d) of the District Courts Act 1947” with “section 205(a) of the Judicature Modernisation Act 2013”.
In section 5, definition of Head of Bench, paragraph (f), replace “a District” with “the District”.

Justices of the Peace Act 1957 (1957 No 89) In section 4C, replace “a District Court” with “the District Court”.

In section 5F(a), replace “a District Court” with “the District Court”.

In section 6(1), replace “every” with “the”.

In section 7(1), replace “a District Court” with “the District Court”.

In section 8(1), replace “a District Court” with “the District Court”.
10 15 20 25 Land Act 1948 (1948 No 64) In section 25(1), replace “any District” with “the District”.

Replace section 25(4) with: “(4) Sections 376 to 379 and 381 of the Judicature Moderni- 30 sation Act 2013 apply to any proceedings under this sec- tion.” 1189 Schedule 6 Judicature Modernisation Bill Land Transport Act 1998 (1998 No 110) In section 2(1), definition of court, replace “a” with “the”.

In section 95A(4), replace “A District Court” with “The District Court”.
In section 97(8), replace “a District Court” with “the District Court”.

5 In section 99(5), replace “by a District Court” with “by the District Court”.

In section 105(4), replace “by a District Court” with “by the District Court”.

In section 106(1), replace “a District Court” with “the District Court”.

10 In section 106(5), replace “a District Court” with “the District Court”.

In section 107(1), replace “a District Court” with “the District Court” in each place.
In section 107(2), replace “a District Court” with “the District Court”.

In section 107(4), replace “a District Court” with “the District Court”.

15 In section 108(1), replace “a District Court” with “the District Court”.

In section 109(1), replace “a District Court” with “the District Court”.

In section 110(1), replace “a District Court” with “the District Court”.

In section 110(1A), replace “a District Court” with “the District Court”.
In section 111(1), replace “a District Court” with “the District Court”.

In section 111(2), replace “a District Court” with “the District Court”.

In section 111(3), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 135(2), replace “A District Court” with “The District 25 Court”.

In section 158(d), replace “a District Court” with “the District Court” in each place.

In section 267(1), replace “a District Court” with “the District Court”.
20 Land Transport Management Act 2003 (2003 No 118) In section 141(1), replace “a District Court” with “the District Court”.

In section 142(1), replace “Part 14 of the District Courts Rules 2009” with “Part 00 of the District Court Rules 2014”.

30 1190 Judicature Modernisation Bill Schedule 6 Land Transport Management Act 2003 (2003 No 118)—continued In section 142(2), replace “Part 5 of the District Courts Act 1947” with “subpart 9 of Part 2 of the Judicature Modernisation Act 2013”.
In section 143(2), replace “a District Court” with “the District Court”.

Replace section 144(2) with: “(2) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were an appeal under section 306 of that Act.” 5 Law Reform Act 1936 (1936 No 31) In section 94(5), replace “Section 94 of the Judicature Act 1908” with “Section 281 of the Judicature Modernisation Act 2013”.
10 Law Reform (Testamentary Promises) Act 1949 (1949 No 33) In section 5A(1AA), replace “a Family Court or” with “the Family Court or the”.
Replace section 5A(1A) with: “(1A) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were an appeal under section 306 of that Act.” In section 5A(1B), replace “section 74(1) of the District Courts Act 1947 ” with “section 308(1) of the Judicature Modernisation Act 2013”.
15 20 Legal Services Act 2011 (2011 No 4) In section 4(1), definition of criminal proceedings, paragraph (c), 25 replace “section 84O of the District Courts Act 1947” with “section 345 of the Judicature Modernisation Act 2013”.

In section 6(a), replace “a District Court, a Youth Court” with “the District Court, the Youth Court”.

In section 7(1)(a), replace “a District Court or a Family Court” with 30 “the District Court or the Family Court”.
In section 7(1)(d), replace “a Youth Court” with “the Youth Court” in each place.

1191 Schedule 6 Judicature Modernisation Bill Local Electoral Act 2001 (2001 No 35) In section 93(3), replace “a District Court” with “the District Court”.

In section 100(2), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

5 Local Government Act 2002 (2002 No 84) In section 162(1), replace “A District Court” with “The District Court”.
In section 167(3), replace “a District Court” with “the District Court”.

In section 183(3), replace “a District Court” with “the District Court”.

In section 184(2), replace “a District Court” with “the District Court”.

10 In section 184(4)(b), replace “a District Court” with “the District Court”.

In section 212, definition of court, replace “means a District Court” with “means the District Court”.

In the section 213 heading, replace “District Courts” with “District 15 Court”.
In section 213(1), replace “Part 8 of the District Courts Rules 2009” with “Subpart 4 of Part 20 of the District Court Rules 2014”.

In section 213(2), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 213(3), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 213(3), replace “District Courts Rules 2009” with “District Court Rules 2014”.
In section 213(4), replace “District Courts Act 1947” with “Part 2 25 of the Judicature Modernisation Act 2013”.

In section 213(4), replace “District Courts Rules 2009” with “District Court Rules 2014”.

In section 214, replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 214(g), replace “District Courts Rules 2009” with “District Court Rules 2014”.

In section 215(1), replace “a District Court” with “the District Court”.
In section 215(1), replace “Part 8 of the District Courts Rules 2009” with “Subpart 4 of Part 20 of the District Court Rules 2014”.

35 30 20 1192 Judicature Modernisation Bill Schedule 6 Local Government Act 2002 (2002 No 84)—continued In section 219, replace “Part 5 of the District Courts Act 1947” with “subpart 9 of Part 2 of the Judicature Modernisation Act 2013”.

In section 239(2), replace “A District Court” with “The District Court”.
In section 249(1)(c)(i), replace “a District Court” with “the District Court”.

5 Local Government (Rating) Act 2002 (2002 No 6) In section 63(3), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

10 Maori Land Act 1993 (1993 No 4) In section 20, replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 81(1), replace “a District Court” with “the District Court”.
15 20 Maritime Transport Act 1994 (1994 No 104) In section 33F(7), replace “a District Court” with “the District Court”.

In section 34(4), replace “a District Court” with “the District Court”.

In section 40A, definition of court, replace “a District Court” with “the District Court”.

In section 41(6), replace “a District Court” with “the District Court”.

In section 43(7), replace “a District Court” with “the District Court”.

In section 44(4), replace “a District Court” with “the District Court”.
In section 46(6), replace “a District Court” with “the District Court”.

In section 55(7), replace “a District Court” with “the District Court”.

25 In section 77(3), replace “by a District Court” with “by the District Court”.

In section 79(1), replace “a District Court” with “the District Court”.

In section 215, definition of court, replace “every” with “the”.

In section 233(2), replace “a District Court” with “the District Court”.
30 In section 233A(2), replace “a District Court” with “the District Court”.

1193 Schedule 6 Judicature Modernisation Bill Maritime Transport Act 1994 (1994 No 104)—continued In section 234(2), replace “a District Court” with “the District Court”.

In section 246(3), replace “District Courts Act 1947, any” with “Part 2 of the Judicature Modernisation Act 2013, the”.

In section 270(5), replace “a District Court” with “the District Court”.
In section 272(6), replace “a District Court” with “the District Court”.

5 In section 273(4), replace “a District Court” with “the District Court”.

In section 274(6), replace “a District Court” with “the District Court”.

In section 338(4), replace “a District Court” with “the District Court”.

In section 387(6), replace “a District Court” with “the District Court”.

In section 397(11), replace “a District Court” with “the District 10 Court”.
In section 424(1), replace “a District Court” with “the District Court”.

In section 425(4), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

Medicines Act 1981 (1981 No 118) In section 65(1), replace “a District Court” with “the District Court”.

In section 65(8), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In the heading to section 77, replace “Courts” with “Court”.
Minors’ Contracts Act 1969 (1969 No 41) In section 2(1), replace the definition of court with: 15 20 “court means the High Court, or the District Court if it has jurisdiction under section 14, or the Disputes Tribunal if it has jurisdiction under section 14A”.

In section 5(5)(a), replace “a District Court” with “the District 25 Court”.

In section 6(4)(a), replace “a District Court” with “the District Court”.

In section 9(1), replace “a District Court” with “the District Court”.
In section 9(2), replace “a District Court” with “the District Court”.

In section 9(5), replace “A District Court” with “The District Court”.

30 1194 Judicature Modernisation Bill Schedule 6 Minors’ Contracts Act 1969 (1969 No 41)—continued Replace section 12(8)(b) with: “(b) section 280 of the Judicature Modernisation Act 2013; or”.

5 In section 14(1), replace “A District Court shall have” with “The District Court has”.

In section 14(1)(b), replace “200,000” with “350,000”.
In section 14(1)(c), replace “section 37 of the District Courts Act 1947, that a District Court shall have” with “section 263 of the Judicature Modernisation Act 2013, that the District Court has”.

In section 14(2), replace “section 43 of the District Courts Act 1947, 10 an application made to a District Court” with “section 268 of the Judicature Modernisation Act 2013, an application made to the District Court”.

In section 16(2), replace “a District Court” with “the District Court”.
In section 16(3), replace “a District Court” with “the District Court”.

15 Personal Property Securities Act 1999 (1999 No 126) Replace section 167A(1)(b)(i) with: “(i) section 354, 357, or 360 of the Judicature Modernisation Act 2013; or”.

In section 167A(8)(a), replace “a District Court” with “the District 20 Court”.

In section 167A(8)(b), replace “a District Court” with “the District Court”.
Prisoners’ and Victims’ Claims Act 2005 (2005 No 74) In section 28(1)(c)(ii), replace “a District Court” with “the District 25 Court”.

In section 35(2)(a)(ii), replace “a District Court” with “the District Court”.

In section 40, replace “a District Court” with “the District Court”.

In section 44(1), replace “District Courts” with “the District Court”.

30 In section 48(6), replace “a District Court” with “the District Court”.
1195 Schedule 6 Judicature Modernisation Bill Privacy Act 1993 (1993 No 28) In section 86(1)(b), replace “a District Court” with “the District Court”.

Property Law Act 2007 (2007 No 91) In the cross-heading above section 362, replace “Courts’” with 5 “Court’s”.

In the heading to section 362, replace “Courts” with “Court”.
In section 362(1)(d), replace “District Courts is limited by section 31 of the District Courts Act 1947” with “the District Court is limited by section 261 of the Judicature Modernisation Act 2013”.

In section 362(2), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
In section 362(3), replace “District Courts Act 1947 applies to the jurisdiction of District Courts” with “Part 2 of the Judicature Modernisation Act 2013 applies to the jurisdiction of the District 15 Court”.

In section 362(4), replace “a District Court” with “the District Court”.
10 Property (Relationships) Act 1976 (1976 No 166) Replace section 27(4) with: “(4) An order made under subsection (1) by the District Court or 20 the Family Court is enforceable as if it were an order for re- covery of land made pursuant to section 261(2)(c) of the Judicature Modernisation Act 2013.” In section 38(4), replace “a District Court” with “the District Court”.

In section 39(1), replace “a Family Court or” with “the Family Court 25 or the”.
Replace section 39(3) with: “(3) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (2) as if it were 30 an appeal under section 306 of that Act.” In section 39(4), replace “section 74(1) of the District Courts Act 1947” with “section 308(1) of the Judicature Modernisation Act 2013”.
1196 Judicature Modernisation Bill Schedule 6 Property (Relationships) Act 1976 (1976 No 166)—continued In section 42(3)(a), replace “a Family Court or a District Court” with “the Family Court or the District Court”.

In section 42(3)(b), replace “a Family Court or a District Court” with “the Family Court or the District Court”.

In section 43(1), replace “a District Court or a Family Court” with 5 “the District Court or the Family Court”.
In section 44(1), replace “a District Court or a Family Court” with “the District Court or the Family Court”.

In section 51(5), replace “a District Court, or a Family Court; but a District Court shall” with “the District Court, or the Family Court, 10 but the District Court must”.

In section 53(1A), replace “the Family Courts” with “the Family Court”.

In section 53(1A), replace “of Family Courts” with “of the Family Court”.
In section 53(3), replace “District Courts Act 1947, the Governor- General may from time to time, by Order in Council, make rules regu- lating the procedure of District Courts” with “Part 2 of the Judi- cature Modernisation Act 2013, the Governor-General may from time to time, by Order in Council, make rules regulating the proced- 20 ure of the District Court”.

15 Protection of Personal and Property Rights Act 1988 (1988 No 4) In section 10(1)(i), replace “a District Court” with “the District Court”.
In section 76(5A), replace “a District Court” with “the District 25 Court”.

Replace section 83(3) with: “(3) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) or (2) as if it 30 were an appeal under section 306 of that Act.” In section 83(4), replace “section 74(1) of the District Courts Act 1947” with “section 308(1) of the Judicature Modernisation Act 2013”.
1197 Schedule 6 Judicature Modernisation Bill Protection of Personal and Property Rights Act 1988 (1988 No 4)—continued In section 83A, replace “sections 75 to 78 of the District Courts Act 1947” with “sections 309 to 312 of the Judicature Modernisa- tion Act 2013”.
Replace section 111(b) and (c) with: “(b) “(c) in the case of the District Court, under section 411 of 5 the Judicature Modernisation Act 2013: in the case of the Family Court, under section 16A of the Family Court Act 1980.” In section 111A(3), replace “District Courts” with “District Court” in each place.

10 Public Works Act 1981 (1981 No 35) In section 81(1), replace “a District Court” with “the District Court”.
In section 240(4), replace “sections 99, 100, and 101 of the District Courts Act 1947” with “sections 376 to 381 of the Judicature Modernisation Act 2013”.

15 Railways Act 2005 (2005 No 37) In section 68(1), replace “a District Court” with “the District Court”.

In section 69(2)(a), replace “a District Court” with “the District Court”.

In section 69(2)(c), replace “District Courts Act 1947” with “Part 2 20 of the Judicature Modernisation Act 2013”.
Replace section 71(2) with: “(2) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were 25 an appeal under section 306 of that Act.” In section 78(1)(a), replace “a District Court” with “the District Court”.

In section 78(2), replace “a District Court” with “the District Court”.

In section 78(4), replace “a District Court” with “the District Court”.
30 In section 89(1), replace “a District Court” with “the District Court”.

In section 89(3), replace “a District Court” with “the District Court”.

1198 Judicature Modernisation Bill Schedule 6 Railways Act 2005 (2005 No 37)—continued In section 89(4), replace “a District Court” with “the District Court”.
Replace section 90(2) with: “(2) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were 5 an appeal under section 306 of that Act.” Remuneration Authority Act 1977 (1977 No 110) In section 12B(1)(f), replace “section 8(d) of the District Courts Act 1947” with “section 205(a) of the Judicature Modernisation Act 2013”.
10 15 Residential Tenancies Act 1986 (1986 No 120) In section 5A(6), replace “a District Court” with “the District Court”.

In section 14(4), replace “a District Court by the Minors Contracts Act 1969” with “the District Court by the Minors’ Contracts Act 1969”.

In section 14(5), replace “a District Court” with “the District Court”.

In section 14(5), replace “Minors” with “Minors’”.

In section 72(1), replace “a District Court” with “the District Court”.
In section 72(2), replace “District Courts” with “the District Court”.

In section 78(1)(h), replace “a District Court” with “the District 20 Court”.

In section 83(1), replace “a District Court” with “the District Court”.

In section 83(2), replace “a District Court” with “the District Court”.

In section 83(4), replace “a District Court” with “the District Court”.

In section 106(1), after “appropriate”, insert “office of the”.
In section 106(1), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 106(2), replace “a District Court, section 79(5) of the Dis- trict Courts Act 1947 shall apply” with “the District Court, section 320 of the Judicature Modernisation Act 2013 applies”.

In section 107(2), replace “a District Court” with “the District Court”.
30 25 1199 Schedule 6 Judicature Modernisation Bill Residential Tenancies Act 1986 (1986 No 120)—continued Replace section 112E with: “112E Specified information sent to District Court When the Secretary for Justice receives contact information from the chief executive, he or she must— “(a) determine in which office of the District Court enforce- 5 ment proceedings should be commenced; and send the contact information to the Registrar for that office of the District Court; and advise the applicant— “(i) “(b) “(c) “(ii) that the information has been sent to the Registrar 10 for that office of District Court; and that enforcement proceedings may be com- menced in that office of the District Court or, if they have already been commenced in that or any other office of the District Court, that enforce- 15 ment proceedings may now continue in, or be transferred to, that office of the District Court.” In section 112F(1), replace “a District Court” with “the District Court”.
In section 116(2)(h), replace “a District Court” with “the District 20 Court”.

In section 116(2)(i), replace “a District Court” with “the District Court”.

In section 117(1), replace “a District Court” with “the District Court”.

In section 117(3), replace “A District Court shall have” with “The 25 District Court has”.

In section 117(3), replace “sections 29 to 34 of the District Courts Act 1947” with “sections 256 to 261 of the Judicature Mod- ernisation Act 2013”.
In section 117(4), replace “a District Court” with “the District Court”.

30 Residential Tenancies Amendment Act 2011 (2011 No 46) In section 4(1), new section 77(2)(pa), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 5, new section 78(2AB), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
35 1200 Judicature Modernisation Bill Schedule 6 Residential Tenancies Amendment Act 2011 (2011 No 46)—continued In section 5, new section 78(2AD), replace “section 84I(3) of the District Courts Act 1947” with “section 339(3) of the Judicature Modernisation Act 2013”.

In section 5, new section 78(2AE), replace “sections 79(5C) and 84F to 84N of the District Courts Act 1947” with “sections 321(2) and 5 336 to 344 of the Judicature Modernisation Act 2013”.
In section 5, new section 78(2AG), replace “section 84F of the Dis- trict Courts Act 1947” with “section 336 of the Judicature Mod- ernisation Act 2013”.

10 Resource Management Act 1991 (1991 No 69) In section 261(2), replace “section 119 of the District Courts Act 1947” with “section 206 of the Judicature Modernisation Act 2013”.

In the heading to section 278, delete “a”.

In section 278(1), replace “a District Court” with “the District Court”.
15 In section 278(1), replace “rules 342 to 348 of the District Courts Rules 1992” with “rules 00 to 00 of the District Court Rules 2014”.

In section 278(1A), replace “rule 346 of the District Courts Rules 1992” with “rule 00 of the District Court Rules 2014”.

In section 282(2), replace “any District Court” with “the District 20 Court”.

In section 283(2), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
In section 284(2), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 286, delete “of the district named in the order”.

In section 288, replace “a District Court” with “the District Court”.

In section 339C(4), replace “Any District Court shall have” with “The District Court has”.

In section 352A(4), definition of District Court Judge, replace “Dis- 30 trict Courts Act 1947” with “Part 2 of the Judicature Moderni- sation Act 2013”.
25 1201 Schedule 6 Judicature Modernisation Bill Retirement Villages Act 2003 (2003 No 112) In section 66(3), after “nearest”, insert “office of the”.

In section 66(4), replace “A District Court” with “The District Court”.

In section 66(4)(b), replace “District Courts Act 1948 and the Dis- 5 trict Courts Rules 1992” with “Part 2 of the Judicature Moderni- sation Act 2013 and the District Court Rules 2014”.

In section 72(4)(a)(i), replace “a District Court” with “the District Court”.
In section 75(2)(a), replace “nearest District Court if a District Court” 10 with “District Court if the District Court”.

In section 75(2)(b), replace “a District Court” with “the District Court”.

In section 76(a), replace “a District Court” with “the District Court”.

In section 83(1), replace “a District Court” with “the District Court”.

15 In section 83(1)(a), replace “200,000” with “350,000”.

In section 83(1)(b), replace “200,000” with “350,000”.
In section 83(1)(c), replace “200,000” with “350,000”.

In section 83(1)(d), replace “200,000” with “350,000.”.

In section 83(1)(e), replace “200,000” with “350,000”.

In section 84(4), replace “a District Court and also, for the purposes of section 82, a Disputes Tribunal” with “the District Court and also, for the purposes of section 82, the Disputes Tribunal”.

In section 86, replace “a District Court” with “the District Court”.
20 25 Road User Charges Act 2012 (2012 No 1) In section 68(1), replace “a District Court” with “the District Court”.

In section 69(2)(a), replace “a District Court” with “the District Court”.

In section 69(3), replace “District Courts Act 1947 and the District Courts Rules 2009” with “Part 2 of the Judicature Modernisa- 30 tion Act 2014 and the District Court Rules 2014”.
Replace section 70(2) with: “(2) The High Court Rules and sections 308 to 312 of the Judi- cature Modernisation Act 2013, with all necessary modi- fications, apply to an appeal under subsection (1) as if it were 35 an appeal under section 306 of that Act.” 1202 Judicature Modernisation Bill Schedule 6 Search and Surveillance Act 2012 (2012 No 24) In section 3(1), definition of District Court Judge, replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
In section 37(1)(c), replace “a District Court were a reference to a 5 District Court” with “the District Court were a reference to a District Court”.

In section 52(1)(c), replace “a District Court were a reference to a District Court” with “the District Court were a reference to a District Court”.

In section 101(1)(b), replace “a District Court” with “the District Court”.

In section 163(1), replace “a District Court” with “the District Court”.
10 Sentencing Act 2002 (2002 No 9) In section 4(1), definition of District Court, replace “a Youth Court” 15 with “the Youth Court”.

In section 4(1), definition of trial Judge, replace “a District Court, means a Judge who holds a warrant under section 5B of the District Courts Act 1947” with “the District Court, means a Judge who holds a warrant under section 195 of the Judicature Modernisation 20 Act 2013”.

In section 72(1)(a)(ii), replace “a District Court” with “the District Court”.
In section 72(1)(b), replace “a District Court presided” with “the Dis- trict Court presided” in each place.

In section 72(1)(c), replace “a District Court” with “the District Court”.

In section 72(1)(d), replace “a District Court” with “the District Court”.

In section 81B(1), replace “a District Court” with “the District 30 Court”.

In section 90(1), replace “a District Court” with “the District Court”.

In section 91(6), replace “a District Court” with “the District Court”.
In section 123A, definition of domestic violence proceedings, re- place “a Family Court or a District Court” with “the Family Court or 35 the District Court”.

25 1203 Schedule 6 Judicature Modernisation Bill Sentencing Act 2002 (2002 No 9)—continued In section 129E(6)(a), replace “a District Court” with “the District Court”.

In section 129EA(6)(a), replace “a District Court” with “the District Court”.

In the heading to section 135, after “another”, insert “office of”.
Replace section 135(1) with: “(1) Despite anything in section 132, if a Registrar considers that an order for the confiscation of a motor vehicle made in 1 one office of the District Court may be more effectively enforced in another office of the District Court, the Registrar may direct 10 that the order be enforced in that other office.” 5 In section 139(2)(b), replace “section 94 of the District Courts Act 1947” with “section 361 of the Judicature Modernisation Act 2013”.
In section 143(3)(a)(ii), replace “a District Court” with “the District 15 Court”.

In section 143(3)(b), replace “a District Court presided” with “the District Court presided” in each place.

In section 143(3)(c), replace “a District Court” with “the District Court”.

20 Student Loan Scheme Act 2011 (2011 No 62) In section 171(2)(a), replace “a Disputes Tribunal” with “the Dis- putes Tribunal”.

In section 171(2)(b), replace “a District Court” with “the District Court”.
In section 171(3), replace “a Disputes Tribunal” with “the Disputes Tribunal” in each place.

In section 171(4), replace “a Disputes Tribunal or a District Court” with “the Disputes Tribunal or the District Court”.

In section 171(5)(a), replace “Disputes Tribunals Act 1988 or the 30 District Courts Act 1947” with “Disputes Tribunal Act 1988 or Part 2 of the Judicature Modernisation Act 2013”.

In section 172), replace “a Disputes Tribunal’s or” with “the Disputes Tribunal’s or the”.
25 1204 Judicature Modernisation Bill Schedule 6 Student Loan Scheme Act 2011 (2011 No 62)—continued In section 201(a)(iii), replace “a Disputes Tribunal” with “the Dis- putes Tribunal”.

Submarine Cables and Pipelines Protection Act 1996 (1996 No 22) In section 10(1), replace “a District Court” with “the District Court”.

5 In section 25(2)(b), replace “a District Court” with “the District Court”.

In section 26(1), replace “a District Court” with “the District Court”.
Replace section 26(2) and (3) with: “(2) Where the property does not exceed $350,000 in value, the ap- 10 plication must be by way of originating application made to the District Court, and the rules relating to the practice and pro- cedure of the District Court for the time being in force under Part 2 of the Judicature Modernisation Act 2013 apply to the application.
15 “(3) Where the property exceeds $350,000 in value, the application must be by way of originating application made to the High Court, and the High Court Rules apply with respect to the ap- plication.” In section 32(3), replace “200,000” with “350,000”.

In section 32(4), replace “District Courts for the time being in force under the District Courts Act 1947” with “the District Court for the time being in force under the Part 2 of the Judicature Moderni- sation Act 2013”.
In section 32(5), replace “200,000” with “350,000”.

20 25 Summary Proceedings Act 1957 (1957 No 87) In section 2(1), replace the definition of court with: “court means the District Court constituted under Part 2 of the Judicature Modernisation Act 2013”.

In section 88A(3), replace “section 66 of the District Courts Act 30 1947” with “section 302 of the Judicature Modernisation Act 2013”.
1205 Schedule 6 Judicature Modernisation Bill Summary Proceedings Act 1957 (1957 No 87)—continued In section 88A(4)(a), replace “District Courts Act 1947 and the Dis- trict Courts Rules 2009” with “Part 2 of the Judicature Moderni- sation Act 2013 and the District Court Rules 2014”.

In section 204, replace “any District Court” with “the District Court”.
Tax Administration Act 1994 (1994 No 166) In section 143G(2), replace “section 112 of the District Courts Act 1947” with “section 394 of the Judicature Modernisation Act 2013”.

In section 156(2), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 159, replace “in a District Court” with “in the District Court”.
Te Ture Whenua Maori Act 1993 (1993 No 4) In section 20, replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 81(1), replace “a District Court” with “the District Court”.

5 10 15 Transport Accident Investigation Commission Act 1990 (1990 No 99) In section 14E(1), replace “District Courts under the District Courts Act 1947” with “the District Court under Part 2 of the Judicature 20 Modernisation Act 2013”.
In section 14F(1), replace “District Courts under the District Courts Act 1947” with “the District Court under Part 2 of the Judicature Modernisation Act 2013”.

Unit Titles Act 2010 (2010 No 22) In the section 172 heading, replace “Courts” with “Court”.

In section 172(1), replace “A District Court” with “The District Court”.

In section 172(1), replace “200,000” with “350,000”.

In section 172(2), replace “a District Court” with “the District Court”.
30 In section 172(3), replace “A District Court” with “The District Court”.

25 1206 Judicature Modernisation Bill Schedule 6 Unsolicited Electronic Messages Act 2007 (2007 No 7) In the section 37 heading, replace “Courts” with “Court”.

In section 37(1), replace “District Courts” with “the District Court”.

In section 37(2), replace “a District Court” with “the District Court”.

In section 37(2)(a), replace “200,000” with “350,000”.

In section 37(2)(b), replace “200,000” with “350,000”.
In section 37(2)(c), replace “200,000” with “350,000”.

Weathertight Homes Resolution Services Act 2006 (2006 No 84) In section 8, definition of court of competent jurisdiction, para- graph (b), replace “a District Court” with “the District Court”.
Replace section 87(4) with: “(4) This section applies, despite section 256 of the Judica- ture Modernisation Act 2013, even if the amount at issue (whether on balance of account or otherwise) is more than $350,000.” 5 10 15 In section 93(2)(a), replace “200,000” with “350,000”.

In section 93(2)(b), replace “200,000” with “350,000”.

In section 93(4), replace “200,000” with “350,000”.

In section 93(5), replace “200,000” with “350,000”.
In section 98(2), replace “a District Court” with “the District Court”.

20 Replace section 98(6) with: “(6) This section applies, despite section 256 of the Judica- ture Modernisation Act 2013, even if the amount at issue (whether on balance of account or otherwise) is more than $350,000.” 25 In section 99(5), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In section 119, replace “a District Court” with “the District Court”.
In section 120(1), replace “in a District Court” with “in the District Court”.

In the heading to section 125, replace “Courts” with “Court”.
In section 125(1), replace “District Courts Act 1947, the Governor- General may, by Order in Council, make rules regulating the practice and procedure of District Courts” with “Part 2 of the Judicature Modernisation Act 2013, the Governor-General may, by Order in 35 30 1207 Schedule 6 Judicature Modernisation Bill Weathertight Homes Resolution Services Act 2006 (2006 No 84)—continued Council, make rules regulating the practice and procedure of the Dis- trict Court”.
In section 125(3), replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.

In Schedule 3, clause 15(1), replace “a District Court may make 5 under section 56A or 56B of the District Courts Act 1947” with “the District Court may make under section 287 or 288 of the Judica- ture Modernisation Act 2013”.

In Schedule 3, clause 15(2), replace “under section 56A or 56B of the District Courts Act 1947” with “under section 287 or 288 of 10 the Judicature Modernisation Act 2013”.
Wellington Waterworks Act 1871 (1871 No 3) In section 61, replace “District Courts Act 1947” with “Part 2 of the Judicature Modernisation Act 2013”.
1208 Judicature Modernisation Bill Schedule 7 1 Schedule 7 Transitional provisions relating to District Court ss 187, 422 Interpretation In this Schedule, unless the context otherwise requires,— former Act means the District Courts Act 1947 judicial officer means a Judge, Registrar, or Deputy Registrar of a District Court proceedings includes actions and matters.
Judicial officers 5 10 2 (1) Judicial officers to continue in office This clause applies to every person who is a judicial officer under the former Act immediately before the commencement of this clause.

(2) A judicial officer to whom this section clause applies continues 15 to hold his or her judicial office subject to this Act under the conditions of his or her appointment.
Other officers 3 (1) Other officers of court to continue in office This clause applies to every person who is an officer of a Dis- 20 trict Court (other than a judicial officer as defined in clause 1) under the former Act immediately before the commencement of this clause.

(2) An officer to whom this clause applies continues to hold his or her office subject to this Act.
25 Proceedings and other matters Proceedings, etc, continue under former Act 4 (1) All proceedings pending or in progress in a court operating under the former Act immediately before the commencement of this clause may be continued, completed, and enforced only 30 under the former Act (including the relevant rules of court) as if that Act had not been repealed by this Act.
1209 Schedule 7 Judicature Modernisation Bill (2) All jurisdictions, offices, appointments, Orders in Coun- cil, orders, warrants, rules, regulations, seals, forms, books, records, instruments, and generally all acts of authority that originated under the former Act or another enactment con- tinued or repealed by this Act, and are subsisting or in force 5 on the commencement of this clause, have full effect as if they had originated under the corresponding provisions of this Act and, where necessary, must be treated as having originated under this Act.
1210 Judicature Modernisation Bill Schedule 8 Schedule 8 Consequential amendments to other enactments: judicial review procedure s 444 Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 (2004 No 109) In section 25A(12), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

In section 26A(12), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
In section 43, replace “Part 1 of the Judicature Amendment Act 1972” 10 with “Part 3 of the Judicature Modernisation Act 2013”.

In section 50A(12), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

5 Canterbury Earthquake Recovery Act 2011 (2011 No 12) In section 71(6)(c), replace “Judicature Amendment Act 1972” with 15 “Part 3 of the Judicature Modernisation Act 2013”.
Children, Young persons, and Their Families Act 1989 (1989 No 24) In section 207B, definition of review proceedings, paragraph (a), re- place “Judicature Amendment Act 1972” with “Part 3 of the Judi- 20 cature Modernisation Act 2013”.

Court Martial Act 2007 (2007 No 101) In section 69(c), replace “Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
Criminal Proceeds (Recovery) Act 2009 (2009 No 8) In section 93(4), replace “section 8 of the Judicature Amendment Act 1972” with “section 435 of the Judicature Modernisation Act 2013”.

25 Crown Proceedings Act 1950 (1950 No 54) In section 2(1), definition of civil proceedings, replace “Part 1 of the 30 Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
1211 Schedule 8 Judicature Modernisation Bill Employment Relations Act 2000 (2000 No 24) In section 194(1), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

In section 194(1), replace “section 3 of the Judicature Amendment Act 1972” with “section 424 of the Judicature Modernisation 5 Act 2013”.

In section 213(1), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
Epidemic Preparedness Act 2006 (2006 No 85) In section 12(3)(c), replace “Judicature Amendment Act 1972” with 10 “Part 3 of the Judicature Modernisation Act 2013”.

In section 15(3)(c), replace “Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

Fisheries Act 1996 (1996 No 88) In section 186J(1), replace “Part 1 of the Judicature Amendment Act 15 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
In section 186ZJ(2), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

In section 293(4), replace “Part 1 of the Judicature Amendment Act 20 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

Housing Accords and Special Housing Areas Act 2013 (2013 No 72) In section 80(2)(a), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
25 Immigration Act 2009 (2009 No 51) In section 4, definition of review proceedings, paragraph (a), replace “Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

In section 247(3), replace “section 3 of the Judicature Amendment 30 Act 1972” with “section 424 of the Judicature Modernisation Act 2013”.
1212 Judicature Modernisation Bill Schedule 8 International Crimes and International Criminal Court Act 2000 (2000 No 26) In section 170, replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

International War Crimes Tribunals Act 1995 (1995 No 27) In section 39, replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
5 Local Government Official Information and Meetings Act 1987 (1987 No 174) In section 9(1)(b), replace “section 4(1) of the Judicature Amendment 10 Act 1972” with “section 428 of the Judicature Modernisation Act 2013”.

In section 32(4)(a), replace “section 8 of the Judicature Amendment Act 1972” with “section 435 of the Judicature Modernisation Act 2013”.

In section 32(4)(b), replace “section 8 of the Judicature Amendment Act 1972” with “section 435 of the Judicature Modernisation Act 2013”.
15 Major Events Management Act 2007 (2007 No 35) In section 29(2), replace “Judicature Amendment Act 1972” with 20 “Part 3 of the Judicature Modernisation Act 2013”.

Maori Commercial Aquaculture Claims Settlement Act 2004 (2004 No 107) In section 55(2)(a), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
25 Maori Fisheries Act 2004 (2004 No 78) In section 183(2)(a), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

In section 183(3)(a), replace “Part 1 of the Judicature Amendment 30 Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
1213 Schedule 8 Judicature Modernisation Bill New Zealand Security Intelligence Service Act 1969 (1969 No 24) In section 4A(6)(b), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

Official Information Act 1982 (1982 No 156) In section 11(1)(b), replace “section 4(1) of the Judicature Amend- 5 ment Act 1972” with “section 428 of the Judicature Moderni- sation Act 2013”.
In section 32(5)(a), replace “section 8 of the Judicature Amendment Act 1972” with “section 435 of the Judicature Modernisation Act 2013”.

In section 32(5)(b), replace “section 8 of the Judicature Amendment Act 1972” with “section 435 of the Judicature Modernisation Act 2013”.

In section 34(a), replace “section 4(1) of the Judicature Amendment Act 1972” with “section 428 of the Judicature Modernisation 15 Act 2013”.
10 Pitcairn Trials Act 2002 (2002 No 83) In section 18(2)(a), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

Privacy Act 1993 (1993 No 28) In section 119(1)(b), replace “section 4(1) of the Judicature Amend- ment Act 1972” with “section 428 of the Judicature Moderni- sation Act 2013”.
20 Resource Management Act 1991 (1991 No 69) In section 296(a), replace “Part 1 of the Judicature Amendment Act 25 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

In section 384A(8), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
Resource Management Amendment Act 2005 (2005 No 87) In section 108(2), new section 296(2)(a), replace “Part 1 of the Ju- 30 dicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

1214 Judicature Modernisation Bill Schedule 8 Sale and Supply of Alcohol Act 2012 (2012 No 120) In section 83(5), replace “Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
In section 167(a), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

5 Sale of Liquor Act 1989 (1989 No 63) In section 148(a), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

Serious Fraud Office Act 1990 (1990 No 51) In section 21(3), replace “section 8 of the Judicature Amendment Act 10 1972” with “section 435 of the Judicature Modernisation Act 2013”.
Terrorism Suppression Act 2002 (2002 No 34) In section 21(f), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

15 In section 23(h), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

In section 33, replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
In section 42(1), replace “Part 1 of the Judicature Amendment Act 20 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

1215 Schedule 9 Judicature Modernisation Bill Schedule 9 Consequential amendments to other enactments: interest on money claims s 470 Accident Compensation Act 2001 (2001 No 49) Replace section 114(2)(a) with: 5 “(a) at the interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date of payment); and”.
Administration Act 1969 (1969 No 52) Replace section 39(2) with: “(2) While interest is payable on a legacy or on arrears of an an- nuity, in accordance with the will or instrument pursuant to which the legacy or annuity is payable or any enactment or rule of law, unless the will or instrument otherwise provides or the court otherwise orders, the interest on the legacy or arrears of 15 the annuity is payable at the same rate and on the same terms as are provided for the award of interest under subpart 2 1 of Part 4 of the Judicature Modernisation Act 2013.” 10 Repeal section 39(2B).
Arbitration Act 1996 (1996 No 99) In section 12(1)(b)(i), replace “up to the date of the award” with “up to the day on which the sum awarded (including all interest) is paid in full”.
Bills of Exchange Act 1908 (1908 No 15) Replace section 57(c) with: 20 25 “(c) where interest may be recovered under this Act, that interest must be awarded under subpart 2 1 of Part 4 of the Judicature Modernisation Act 2013 and, where a bill is expressed to be payable with interest at a given rate, that rate must not be taken to be inconsistent 30 with the rate provided for under subpart 2 1 of Part 4 of that Act.” 1216 Judicature Modernisation Bill Schedule 9 Companies Act 1993 (1993 No 105) In section 309(2), replace “at the prescribed rate (within the meaning of section 87(3) of the Judicature Act 1908)” with “at the interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date of commencement of the liquidation)”.
In section 311(4), replace “prescribed rate means the prescribed rate within the meaning of section 87(3) of the Judicature Act 1908” with “prescribed rate means the interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date when the claim is paid)”.

Repeal section 311(4).

5 10 Disputes Tribunals Act 1988 (1988 No 110) Repeal section 20(2)(a).
Replace section 20(5) with: “(5) In this section, prescribed rate means the interest rate as de- 15 fined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date of the making of the order).” Employment Relations Act 2000 (2000 No 24) In Schedule 2, replace clause 11 with: “11 Power to award interest 20 In any matter involving the recovery of any money, the Au- thority may, if it thinks fit, order the inclusion, in the sum for which judgment is given, of interest, at such rate not exceeding the interest rate as defined in section 452(2) of the Judica- ture Modernisation Act 2013 (as at the date of the order), 25 as the Authority thinks fit, on the whole or part of the money for the whole or part of the period between the date when the cause of action arose and the date of payment in accordance with the determination of the Authority.” In Schedule 3, replace clause 14 with: “14 Power to award interest 30 In any proceedings for the recovery of any money, the court may, if it thinks fit, order that the amount awarded include in- terest, at a rate that is not more than such rate not exceeding the interest rate as defined in section 452(2) of the Judica- 35 ture Modernisation Act 2013 (as at the date of the order), 1217 Schedule 9 Judicature Modernisation Bill Employment Relations Act 2000 (2000 No 24)—continued as the court thinks fit, on the whole or part of the money for the whole or part of the period between the date when the cause of action arose and the date of payment in accordance with
 the judgment.” Holidays Act 2003 (2003 No 129) Replace section 84(3) and (4) with: “(3) Interest included in a judgment or determination must not ex- ceed interest at the interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date of the judgment or determination).” Insolvency Act 2006 (2006 No 55) In section 253(2), replace “rate prescribed under section 87(3) of the Judicature Act 1908” with “interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date of ad- judication)”.
In section 267, replace “rate of interest prescribed from time to time under section 87(3) of the Judicature Act 1908” with “interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date when the claim is paid)”.
Land Transfer Act 1952 (1952 No 52) In section 235(3)(a), replace “rate prescribed for the time being under section 87 of the Judicature Act 1908” with “interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date on which the fee is paid)”.
5 10 15 20 Life Insurance Act 1908 (1908 No 105) In section 41A(3), replace “rate from time to time prescribed for the purposes of section 87 of the Judicature Act 1908” with “interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date of payment)”.

In section 67B(1)(a), replace “rate prescribed for the purposes of sec- 30 tion 87 of the Judicature Act 1908” with “interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013”.
25 1218 Judicature Modernisation Bill Schedule 9 Maori Reserved Land Amendment Act 1997 (1997 No 101) In section 23(2), replace “rate prescribed by or under section 87 of the Judicature Act 1908” with “interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date of payment)”.
In Schedule 1, clause 8, replace “rate prescribed by or under section 87 of the Judicature Act 1908” with “interest rate as defined in sec- tion 452(2) of the Judicature Modernisation Act 2013 (as at the date of the refund or payment)”.

In Schedule 1, clause 25(3), replace “rate prescribed by or under sec- 10 tion 87 of the Judicature Act 1908” with “interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date of payment of the market value”.
5 Partnership Act 1908 (1908 No 139) In section 27(c), replace “at the rate of 5 percent per annum from the 15 date of the payment or advance” with “at the same rate and on the same terms as are provided for the award of interest under subpart 2 1 of Part 4 of the Judicature Modernisation Act 2013”.
In section 45(1), replace “at the rate of 5 percent per annum on the amount of his share of the partnership assets” with “on the amount of 20 his or her share of the partnership assets at the same rate and on the same terms as are provided for the award of interest under subpart 2 1 of Part 4 of the Judicature Modernisation Act 2013”.
Prisoners’ and Victims’ Claims Act 2005 (2005 No 74) Replace section 47(3) to (5) with: “(3) The Tribunal may, if it thinks fit, include in the amount ordered to be paid to a victim under section 46(3) or (4) interest at a rate, not exceeding the interest rate as defined in section 452(2) of the Judicature Modernisation Act 2013 (as at the date of the order), it thinks fit on some or all of the damages 30 for all or a part of the period between the date on which the cause of action arose and the date of the order.” 25 Public Works Act 1981 (1981 No 35) In section 94, replace “at such rate as it thinks fit” with “at the same rate and on the same terms as are provided for the award of interest 35 1219 Schedule 9 Judicature Modernisation Bill Public Works Act 1981 (1981 No 35)—continued under subpart 12 of Part 4 of the Judicature Modernisation Act 2013”.
Retirement Villages Act 2003 (2003 No 112) In section 70(1)(c), replace “rate of interest prescribed under section 87 of the Judicature Act 1908” with “interest rate as defined in sec- 5 tion 452(2) of the Judicature Modernisation Act 2013 (as at the date of the order)”.

Te Ture Whenua Maori Act 1993 (1993 No 4) In section 24B, replace “section 62B of the District Courts Act 1947” with “subpart 2 1 of Part 4 of the Judicature Modernisation 10 Act 2013”.
Trustee Act 1956 (1956 No 61) In section 34A, replace “at the rate of 6% or such other rate as the Governor-General may for the time being by Order in Council pre- scribe” with “at the same rate and on the same terms as are provided 15 for the award of interest under subpart 2 1 of Part 4 of the Judi- cature Modernisation Act 2013”.
Waste Minimisation Act 2008 (2008 No 89) In section 35(1), replace “has the same meaning as in section 87(3) of the Judicature Act 1908” with “is the interest rate as defined in 20 section 452(2) of the Judicature Modernisation Act 2013 on the day of calculation (but converted into an equivalent daily rate)”.
Weathertight Homes Resolution Services Act 2006 (2006 No 84) In Schedule 3, replace clause 16 with: “16 Power to award interest 25 In any adjudication for the recovery of any money, the tribunal may, if it thinks fit, order the inclusion, in the sum for which a determination is given, of interest, at such rate, not exceeding the interest rate as defined in section 452(2) of the Judica- ture Modernisation Act 2013 (as at the date of the order), 30 as the tribunal thinks fit, on the whole or part of the money 1220 Judicature Modernisation Bill Schedule 9 Weathertight Homes Resolution Services Act 2006 (2006 No 84)—continued for the whole or part of the period between the date when the cause of action arose and the date of payment in accordance with the judgment.” 1221 Schedule 10 Judicature Modernisation Bill Schedule 10 New Schedule 10 inserted Schedule 10 Liquidation of associations s 521 s 240B 1 (1) Modified application of Part 16 to associations Part 16 applies to the liquidation of an association with the following modifications and exclusions: (a) 5 10 section 241(2)(a), (b), (c)(v), (va), (vii), and (viii), and (d) does not apply: clause 2 applies instead of section 241(4): clauses 3 and 4 apply instead of sections 287 and 288(1) and (2): clause 5 applies instead of section 268: references in that Part to section 241(4), 268, 287, or 288(1) or (2) (or to a provision of any of those sections) 15 must be taken as references to the relevant replacement clause or clauses under paragraphs (b) to (d) (or to the
 relevant replacement provision): section 257(1)(a)(ii)(C) and (1)(a)(iii) does not apply: all other necessary modifications must be made.
20 (2) A document may be served on an association for the purposes of this schedule and Part 16 as follows: (a) by delivery to a director, a principal officer, or the sec- retary of the association; or by leaving it at the association’s principal place of busi- 25 ness in New Zealand; or in the case of a document in any legal proceedings, by a method set out in paragraph (a) or (b) or by serving it in accordance with any directions as to service given by the court having jurisdiction in the proceedings.
30 Compare: 1908 No 89 s 17B Grounds for appointment of liquidator The court may appoint a liquidator of an association under section 241 if the court is satisfied that— (a) the association is dissolved, has ceased to carry on busi- 35 ness, or is carrying on business solely for the purpose of terminating its affairs; or 2 1222 (b) (c) (d) (e) (f) (g) (b) (c) Judicature Modernisation Bill Schedule 10 (b) (c) the association is unable to pay its debts; or it is just and equitable that the association be put into liquidation.
Compare: 1908 No 89 s 17A(4) Meaning of inability to pay debts 3 (1) Unless the contrary is proved, and subject to clause 4 and section 288(3) to (5), an association is presumed to be unable to pay its debts if— (a) 5 (b) the association has failed to comply with a demand in respect of a debt owed by the association that is made 10 in accordance with subclause (2); or all of the following apply: (i) a proceeding has been commenced against a member of the association for the payment of a debt owed by the association or the member in 15 that capacity; and notice of the proceeding has been served on the association; and (ii) (iii) within 10 days after the notice was served on it, the association has not paid or secured the debt, 20 or otherwise compounded with the creditor, had the proceeding stayed, or indemnified the mem- ber for the amount of any judgment debt plus costs; or (c) execution issued against the association, a member of 25 the association in that capacity, or a person authorised to be sued on behalf of the association in respect of a judgment debt has been returned unsatisfied in whole or in part.
(2) A demand under subclause (1)(a) must— 30 (a) (b) (c) (d) be in respect of a debt that is due that is not less than the prescribed amount; and be in writing; and be served on the association; and require the association to pay or secure the debt, or 35 otherwise compound with the creditor to the reasonable satisfaction of the creditor within 15 working days after 1223 Schedule 10 Judicature Modernisation Bill the date of service of the demand or any longer period that the court orders.
Compare: 1908 No 89 s 17C Evidence of inability to pay debts 4 (1) On an application to the court for an order that an association 5 be put into liquidation, evidence of failure to comply with a demand under clause 3 is not admissible as evidence that an association is unable to pay the debts unless the application is made within 30 working days after the last date for compliance with the demand.

Clause 3(2) does not limit proof by other means that an asso- ciation is unable to pay its debts.
Power of liquidator to enforce liability of contributors The liquidator may enforce a liability of a person to pay or contribute to— (a) (b) any debt or liability of an association; or any amount for the adjustment of the rights of members of the association among themselves; or.
10 15 (2) 5 (1) 1224 Judicature Modernisation Bill Schedule 11 Schedule 11 Consequential amendments relating to Part 6 s 580 Contractual Mistakes Act 1977 (1977 No 54) In section 5(2)(d), replace “section sections 94A and 94B of the Ju- 5 dicature Act 1908” with “sections 74A and 74B of the Property Law Act 2007”.

Crown Entities Act 2004 (2004 No 115) In section 177, replace “sections 17A to 17E of the Judicature Act 1908 apply” with “section 240B of the Companies Act 1993 ap- 10 plies”.
Customs and Excise Act 1996 (1996 No 27) In section 101(5), replace “section 17B of the Judicature Act 1908” with “section 312 of, and Schedule 7 of, of the Companies Act 1993 (as applied by section 240B of that Act)”.
15 Energy Resources Levy Act 1976 (1976 No 71) Replace section 31(5) with: “(5) Section 74A(1) of the Property Law Act 2007 applies to any money paid by a purchaser to a seller in excess of the amount payable under this section (despite section 74A(2) of that 20 Act).” Social Security Act 1964 (1964 No 136) In section 86(1B), replace “section 94B of the Judicature Act 1908” with “section 74B of the Property Law Act 2007”.
1225 Schedule 12 Judicature Modernisation Bill Schedule 12 Transitional provisions in respect of miscellaneous commercial law matters in Part 6 s 581 1 Application Clause 2 applies to any proceedings commenced under sec- tions 17A to 17E, 84 to 86, 88, 90, 92, 94A, and 94B of the Judicature Act 1908 that are pending or in progress immedi- ately before the commencement of this Act.
5 10 Transitional provisions for proceedings 2 (1) Despite the repeal of the Judicature Act 1908, any proceedings to which this clause applies are to be continued and completed under that Act as if that Act had not been repealed.
If any question arises as to the continuation or completion of a proceeding under subclause (1), the court may, either on the 15 application of a party to the proceeding or on its own initiative, determine the question and give any directions that it thinks fit in the interests of justice.
(2) Legislative history 27 November 2013 5 December 2013 Introduction (Bill 178–1) First reading and referral to Justice and Electoral Committee 12 1226 Published under the authority of the House of Representatives—2014 Wellington, New Zealand: