Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698751202436.pdf (New Zealand)
1999/382 High Court Amendment Rules (No 2) 1999 PURSUANT to section 51C of the Judicature Act 1908 and section 13 of the Insolvency Act 1967, His Excellency the Governor­Gen­ eral, acting on the advice and with the consent of the Executive Coun­ cil and with the concurrence of the Right Honourable the Chief Just­ ice and at least 2 of the other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules.
Contents 1 2 Title and commencement New Part 16 added Part16 Insolvency proceedings Preliminary provisions 819 820 821 822 823 824 825 826 Interpretation Application of Part Application of general rules and practice of Court Proceedings generally Forms Notices General requirements of documents ﬁled in Court Advertising of notices or proceedings Discretion of Court as to method of taking evidence Bankruptcy notices 827 828 Request for issue of bankruptcy notice Service of bankruptcy notice in New Zealand Page 4 4 5 5 5 5 6 6 6 6 6 7 1 High Court Amendment Rules (No 2) 1999 1999/382 829 830 Registrar may extend time for serving bankruptcy notice Setting aside bankruptcy notice Commencement of adjudication proceedings Application for adjudication Veriﬁcation of creditor’s petition 831 832 833 Where bankruptcy petition to be ﬁled 834 835 836 837 838 839 840 Hearing date for creditor’s petition Registrar to ﬁx hearing date for creditor’s petition Court may alter hearing date for creditor’s petition Service of creditor’s petition Service of creditor’s petition on debtor Service of creditor’s petition on trustee or supervisor Debtor’s opposition to adjudication Debtor’s notice of intention to oppose adjudication Evidence relating to creditor’s petition Afﬁdavit evidence of petitioning creditor Petitioning creditor’s solicitor’s certiﬁcate as to unpaid debt Continuation of proceedings 841 Death of debtor against whom petition ﬁled 842 843 844 845 846 Appointment of ofﬁcial assignee as receiver and manager Applicant to deposit sum for Ofﬁcial Assignee’s expenses Ofﬁcial Assignee may seek additional sum where original deposit insufﬁcient Notiﬁcation of order appointing Ofﬁcial Assignee as receiver and manager Repayment of deposits after order of adjudication Dismissal of petition after order appointing Ofﬁcial Assignee as manager and receiver Arrest of debtor after bankruptcy petition ﬁled 7 7 8 8 8 9 9 9 9 10 10 10 11 11 11 11 12 12 2 1999/382 High Court Amendment Rules (No 2) 1999 847 848 Application for warrant under
 section 63 of Act Custody of arrested debtor Examination of persons before Court during bankruptcy 849 850 Apprehended person to be brought before Court Apprehending ofﬁcer to report to Court Contributions from bankrupt towards payment of debts Application for order under section 45 Ofﬁcial Assignee’s report Ofﬁcial Assignee to notify employer, etc, about proposed assignment or charge Ofﬁcial Assignee to serve order of assignment, etc Compositions during bankruptcy Application for order approving composition Notice to Ofﬁcial Assignee of application to approve composition Notice of application to approve composition or scheme Ofﬁcial Assignee to account when composition approved Discharge of bankrupt Filing and service of objection to discharge Service, etc, of notice of application for discharge Report of Ofﬁcial Assignee Opposition by creditor to discharge Conditions affecting salary, etc, after order of discharge 851 852 853 854 855 856 857 858 859 860 861 862 863 Annulment of adjudication 864 Annulment of adjudication to be advertised Proposals 865 866 867 Proposal and statement of affairs and afﬁdavit Trustee’s report on proposal Insolvent deceased estates Application for order to administer under Part XVII of Act 12 13 13 13 14 14 14 14 15 15 15 15 16 16 16 16 16 17 17 17 17 3 r 1 High Court Amendment Rules (No 2) 1999 1999/382 868 869 870 871 872 873 874 875 Application by creditor or beneﬁciary Duty of Registrar where order made Duty of administrator where order made Person who has intermeddled in estate may be ordered to give particulars Appeals, etc Applications to vary or discharge order or decision of Registrar or District Court Judge Appeals to Court of Appeal Ofﬁcial assignee Applications to Court by Ofﬁcial Assignee Ofﬁcial Assignee’s liability for costs Miscellaneous Filing decisions of District Court 876 New forms inserted Revocations Schedule New forms 89 to 107 inserted in Schedule 1 of High Court Rules 17 18 18 18 19 19 19 20 20 20 20 21 Title
 and commencement These rules may be cited as the High Court Amendment Rules (No 2) 1999, and are part of the High Court Rules from time to time set out in Schedule 2 of the Judicature Act 1908 (the High Court Rules).
These rules come into force on 1 February 2000.

New Part 16 added The High Court Rules are amended by adding, as Part 16, the following Part: 3 4 1 (1) (2) 2 4 1999/382 High Court Amendment Rules (No 2) 1999 r 2 “Part16 “Insolvency proceedings “Preliminary provisions “819 Interpretation “(1) In this Part, unless the context otherwise requires, Act means the Insolvency Act 1967.

“(2) Expressions not deﬁned in this Part but deﬁned in the Act have, in this Part, the meanings so deﬁned.
“Compare: SR 1970/245, r 2 “820 Application of Part This Part applies to all matters arising under the Act or Part IV of the Administration Act 1969, and to all proceedings taken in any such matter in the Court, whether commenced before, on, or after the date of commencement of this Part.
“Compare: SR 1970/245, r 3 “821 Application of general rules and practice of Court The other Parts of these rules, and the general practice of the Court, apply where this Part applies except in so far as they are modiﬁed by or inconsistent with the Act or this Part.

“Compare: SR 1970/245, r 4 “Proceedings generally “(3) “822 Forms “(1) The prescribed forms must be used wherever appropriate.
“(2) Forms set out in the Schedule that are not speciﬁcally pre­ scribed by these rules must be used in the circumstances to which they relate.

If a form has not been prescribed for any application under this Part to the Court, the application must be in the form of an interlocutory application and any order made on that appli­ cation must be in the form prescribed for an order made on an interlocutory application under these rules.
If subclause (3) does not apply, the parties may frame a form for the special purpose of the particular case or the Court may frame the form.

“(4) 5 r 2 High Court Amendment Rules (No 2) 1999 1999/382 “(5) Variations to a prescribed form are permitted if the circum­ stances of any particular case so require.

“Compare: SR 1970/245, r 5 “823 Notices “(1) Every notice required by the Act or this Part must be in the “(2) prescribed form.
If no form is prescribed, a notice must contain sufﬁcient details to inform the recipient fairly of its substance.

“Compare: SR 1970/245, r 7 “824 General requirements of documents ﬁled in Court Every document ﬁled in Court in proceedings under the Act must— “(a) Comply with rules 23 to 40 so far as they are applicable and with any necessary modiﬁcations; and “(b) Be headed by the words ‘In the matter of the Insolvency Act 1967, and in the Matter of the Bankruptcy (or Pro­ posal, as the case may be) of’.
“825 Advertising of notices or proceedings An advertisement of a notice or proceeding that is published in a newspaper circulating in the area in which the proceeding is pending complies with any advertising requirements of the Act or this Part.
“Compare: SR 1970/245, r 6 “826 Discretion of Court as to method of taking evidence Except as otherwise provided in this Part, the Court may in any proceeding take all or any part of the evidence either orally before the Court or by written interrogatories or on afﬁdavit or by commission, as the Court in any case thinks ﬁt.
“Compare: SR 1970/245, r 34 “Bankruptcy notices “827 Request for issue of bankruptcy notice The creditor must ﬁle, with every request for a bankruptcy notice in form 89,— 6 1999/382 High Court Amendment Rules (No 2) 1999 r 2 “(a) A bankruptcy notice in form 90, together with a service copy; and “(b) A certiﬁed copy of the judgment or order on which the bankruptcy notice is based.
“Compare: SR 1970/245, r 40(1), (2) “828 Service of bankruptcy notice in New Zealand A bankruptcy notice that is to be served in New Zealand must be served within 1 month from the date of its issue.
“Compare: SR 1970/245, r 41(6) “829 Registrar may extend time for serving bankruptcy notice If the Registrar is satisﬁed that reasonable efforts have been “(1) made to serve a bankruptcy notice within the prescribed period, and service has not been effected,— “(a) The Registrar may, at the request in writing of the judg­ ment creditor made not later than 1 month after the end of the prescribed period, extend the time for a further period of 1 month or for successive periods of 1 month; and “(b) The Registrar must, in each case, mark the notice with the word ‘renewed’ and the date of the renewal.
“(2) A notice must not, without the Court’s consent, be extended for a period exceeding 3 months from the date on which the notice was ﬁrst issued.

“Compare: SR 1970/245, r 42 “830 Setting aside bankruptcy notice “(1) Every application to set aside a bankruptcy notice must com­ ply with rules 234 to 269 so far as they are applicable and with any necessary modiﬁcations.
If the application to set aside the bankruptcy notice cannot be heard until after the expiration of the time speciﬁed in the no­ tice as the day on which the act of bankruptcy will be complete, the time is deemed to have been extended until the application has been heard and determined.

“(2) 7 r 2 High Court Amendment Rules (No 2) 1999 1999/382 “(3) Until the application has been heard and determined, an act of bankruptcy is not committed by reason only of non­compli­ ance with the notice.
“Compare: SR 1970/245, r 43 “Commencement of adjudication proceedings “831 Application for adjudication “(1) Every application for adjudication must be commenced by ﬁl­ ing in the Court a petition in form 91 or form 92, as the case may require.

“(2) An afﬁdavit in form 93 and a summons to debtor in form 94 must be ﬁled (in duplicate) with a creditor’s petition.
“Compare: SR 1970/245, r 44 “832 Veriﬁcation of creditor’s petition A creditor’s petition must be veriﬁed by afﬁdavit of the cred­ itor or some other person having knowledge of the facts.
“Compare: SR 1970/245, r 46 “833 Where bankruptcy petition to be ﬁled A bankruptcy petition must be ﬁled,— “(a) If the debtor is resident in New Zealand, in the ofﬁce of the High Court nearest by the most practicable route to the place in which the debtor has resided or carried on business for the longest period during the 6 months immediately before the time when the petition is ﬁled: If the debtor is in custody, in the ofﬁce of the High Court nearest by the most practicable route to the place in which the debtor is in custody: If the debtor is absent from New Zealand or the peti­ tioning creditor cannot ascertain the debtor’s place of residence, in the ofﬁce of the High Court nearest by the most practicable route to the place in which the petition­ ing creditor resides or carries on business: If a debtor has never been resident in New Zealand, in the ofﬁce of the High Court nearest by the most practic­ able route to the place in which the petitioning creditor resides or carries on business: “(b) “(c) “(d) 8 1999/382 High Court Amendment Rules (No 2) 1999 r 2 “(e) If any act of bankruptcy relied on by the petitioning creditor is speciﬁed in section 19(1)(c) of the Act, in any ofﬁce of the Court.
“Compare: SR 1970/245, r 49 “Hearing date for creditor’s petition “834 Registrar to ﬁx hearing date for creditor’s petition “(1) The Registrar must ﬁx a hearing date for the petition and in­ sert the date in the summons to the debtor before releasing the summons to the creditor for service.

If the petition and summons have not been served, the Regis­ trar may, from time to time, alter the ﬁrst date appointed for the hearing and appoint another date.
“Compare: SR 1970/245, r 50 “(2) “835 Court may alter hearing date for creditor’s petition If it is proved to the Court’s satisfaction that the debtor has absconded or there is any other good reason, the Court may, on any terms it thinks ﬁt to impose, hear the creditor’s petition on any date the Court considers expedient.

“Service of creditor’s petition “836 Service of creditor’s petition on debtor “(1) A copy of the creditor’s petition and the summons to the debtor “(2) must be served on the debtor.
If the debtor dies before service of the creditor’s petition and summons, the Court may order service to be effected on the debtor’s administrator or such other person as it thinks ﬁt.
“Compare: SR 1970/245, r 54 “837 Service of creditor’s petition on trustee or supervisor A copy of the creditor’s petition and the summons to 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 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 9 r 2 High Court Amendment Rules (No 2) 1999 1999/382 “(b) If, at the time of the ﬁling of the petition, a proposal under Part XV of the Act has been approved by the Court or a summary instalment order has been made under Part XVI of the Act.
“Compare: SR 1970/245, r 51 “Debtor’s opposition to adjudication “838 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 petition,— “(a) File in Court a notice of opposition in form 95, together with an afﬁdavit in support of the opposition; and “(b) Serve a copy of those documents on the petitioning creditor.
“Compare: SR 1970/245, r 55 “Evidence relating to creditor’s petition “839 Afﬁdavit evidence of petitioning creditor “(1) Unless the Court otherwise directs, a petitioning creditor’s evi­ dence of a debt, an act of bankruptcy, or any other material statements may be given by afﬁdavit.

“(2) The afﬁdavit must be sworn by or on behalf of the petitioning creditor at least 3 days before the date of the hearing of the petition.
“Compare: SR 1970/245, r 34A(1) “840 Petitioning creditor’s solicitor’s certiﬁcate as to unpaid debt A certiﬁcate by the petitioning 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 sufﬁcient prima facie evidence that the debt remains unpaid.
“Compare: SR 1970/245, r 34A(2) 10 1999/382 High Court Amendment Rules (No 2) 1999 r 2 “Continuation of proceedings “841 Death of debtor against whom petition ﬁled If a debtor against whom a bankruptcy petition is ﬁled dies, the proceedings in the matter must, unless the Court otherwise orders, be continued as if the debtor were alive.
“Compare: SR 1970/245, r 54 “Appointment of ofﬁcial assignee as receiver and manager “842 Applicant to deposit sum for Ofﬁcial Assignee’s expenses The person who has applied for an order appointing the Ofﬁ­ 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: SR 1970/245, r 10(1) “843 Ofﬁcial Assignee may seek additional sum where original “(1) “(2) deposit insufﬁcient If the sum deposited for the Ofﬁcial Assignee’s expenses under rule 842 is insufﬁcient, the person who paid the deposit must deposit with the Ofﬁcial Assignee any additional sum as the 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 order appointing the Ofﬁcial Assignee as receiver and manager may, on the Ofﬁcial Assignee’s appli­ cation, be discharged by the Court.
“Compare: SR 1970/245, r 10(2) “844 Notiﬁcation of order appointing Ofﬁcial Assignee as receiver and manager “(1) 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 receiver and manager to be served on the debtor.
“(2) 11 r 2 High Court Amendment Rules (No 2) 1999 1999/382 “(3) The Ofﬁcial Assignee must advertise the Ofﬁcial Assignee’s appointment as receiver and manager within 5 working days after the making of the order.
“Compare: SR 1970/245, r 10(5) to (7) “845 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 842 and 843 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: SR 1970/245, r 10(3) “(2) “846 Dismissal of petition 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 petition upon which the order was made is dismissed,— “(a) The Court must, on an application made within 15 working days from the date of the dismissal, make an order relating to any damages or claim arising out of the Ofﬁcial Assignee’s appointment; and “(b) The Court may make any other order it thinks ﬁt.
“Compare: SR 1970/245, r 10(4) “Arrest of debtor after bankruptcy petition ﬁled “847 Application for warrant under section 63 of Act “(1) An application for a warrant under section 63 of the Act must be in form 96, and need not be veriﬁed by afﬁdavit unless required by the Court.

“(2) Two copies of the warrant in form 97 must be lodged with the application.
“Compare: SR 1970/245, r 28(2) 12 1999/382 High Court Amendment Rules (No 2) 1999 r 2 “848 Custody of arrested debtor “(1) A debtor who is arrested under a warrant issued under section 63 of the Act must be placed into the custody of the superin­ tendent of the prison speciﬁed in the warrant.

“(2) The superintendent of the prison must produce the debtor be­ fore the Court as it may from time to time direct, until the debtor is discharged by the Court.
“Compare: SR 1970/245, r 29(2) “Examination of persons before Court during bankruptcy “849 Apprehended person to be brought before Court “(1) The ofﬁcer who apprehends a person under a warrant in form 100 must immediately bring the person before the Court for examination.
If the examination cannot be held immediately— “(a) The apprehending ofﬁcer must deliver the apprehended person into the custody of the superintendent of the prison speciﬁed in the warrant; and “(2) “(b) The superintendent of the prison must receive and keep that person, and must produce the person before the Court as required by the Court.
“Compare: SR 1970/245, r 31(1) “850 Apprehending ofﬁcer to report to Court “(1) The apprehending ofﬁcer must notify the Court immediately after a person has been apprehended under section 68(4) of the Act or delivered into custody, as the case may be.

“(2) The Court must appoint the earliest practicable day for the examination of the apprehended person.

“(3) The superintendent of the prison must produce the person for examination at the place and time appointed.
“Compare: SR 1970/245, r 31(2) 13 r 2 High Court Amendment Rules (No 2) 1999 1999/382 “Contributions from bankrupt towards payment of debts “851 Application for order under section 45 A creditor who intends to make an application under section 45 of the Act must give at least 10 working days’ notice of that intention to the Ofﬁcial Assignee and to the bankrupt.
“Compare: SR 1970/245, r 39(1) “852 Ofﬁcial Assignee’s report “(1) If an application is made for an order under section 45 of the Act, the Ofﬁcial Assignee must prepare a report as to the cir­ cumstances 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 forward a copy of the report to the bankrupt, and to the appli­ cant, if the applicant is a creditor.
“Compare: SR 1970/245, r 39(2), (3) “853 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,— “(a) The Ofﬁcial Assignee must notify the employer or other person against whom the assignment or charge is pro­ posed; and “(b) The person who is notiﬁed may be heard.
“Compare: SR 1970/245, r 39(4) “854 Ofﬁcial Assignee to serve order of assignment, etc The Ofﬁcial Assignee must serve a duplicate of any order assigning or charging in favour of the Ofﬁcial Assignee any money due or becoming due to the bankrupt on the employer or other person against whom the assignment or charge was given.
“Compare: SR 1970/245, r 39(5) 14 1999/382 High Court Amendment Rules (No 2) 1999 r 2 “Compositions during bankruptcy “855 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 conﬁrmed the composition; or “(b) In any other case, the bankrupt does not within 3 work­ ing days from the date of the conﬁrmation apply to the Court for approval of the composition.
“(2) The Ofﬁcial Assignee is not by making the application deemed to approve of the composition.

“Compare: SR 1970/245, r 66 “856 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 days working days before the day appointed for hearing the applica­ tion, serve notice of the application on the Ofﬁcial Assignee.
“Compare: SR 1970/245, r 67 “857 Notice of application to approve composition or scheme If an application is made to the Court to approve a composi­ tion or scheme, the Ofﬁcial Assignee must, at least 5 working days before the day appointed for hearing the application, send notice of application to every creditor whose debt has been proved.
“Compare: SR 1970/245, r 68 “858 Ofﬁcial Assignee to account when composition approved If a composition is approved by the Court, the Ofﬁcial As­ signee must account to the bankrupt, or, as the case may be, to the trustee.

“Compare: SR 1970/245, r 71 15 r 2 High Court Amendment Rules (No 2) 1999 1999/382 “Discharge of bankrupt “859 Filing and service of objection to discharge “(1) An objection to a discharge under section 107(3) of the Act is entered by ﬁling in the Court an objection in form 101.
“(2) A creditor who enters an objection to a discharge must serve the objection on the Ofﬁcial Assignee.

“Compare: SR 1970/245, r 73 “860 Service, etc, of notice of application for discharge At least 15 working days before the hearing date, the bankrupt must— “(a) Serve on the Ofﬁcial Assignee, and every creditor whose debt has been proved, notice of application for discharge under section 108 of the Act; and “(b) Cause notice of the application and of the hearing date to be advertised.
“Compare: SR 1970/245, r 75 “861 Report of Ofﬁcial Assignee At least 5 working days before the time ﬁxed for the hearing, the Ofﬁcial Assignee must— “(a) Lodge in the Court a copy of the Ofﬁcial Assignee’s report under section 109(2) of the Act; and “(b) Serve a copy of the report on the bankrupt and every creditor known to the Ofﬁcial Assignee.
“Compare: SR 1970/245, r 76 “862 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 by 1 pm on the day before the hearing.
“Compare: SR 1970/245, r 77 “863 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 16 1999/382 High Court Amendment Rules (No 2) 1999 r 2 condition that affects any salary or wages that may, after the date of the order of discharge, become due to the bankrupt.
“(2) Before the Ofﬁcial Assignee may receive payment of any of the bankrupt’s salary or wages under an order made under sec­ tion 110 of the Act, the Ofﬁcial Assignee must notify the em­ ployer by whom the money is payable to the bankrupt of the order.

“Compare: SR 1970/245, r 78 “Annulment of adjudication “864 Annulment of adjudication to be advertised The Ofﬁcial Assignee must immediately cause a notice of every order annulling an adjudication to be advertised.
“Compare: SR 1970/245, r 82 “Proposals “865 Proposal and statement of affairs and afﬁdavit A proposal under Part XV of the Act must be in form 103 and must be accompanied by a statement of affairs and afﬁdavit in form 104.

“Compare: SR 1970/245, r 83 “866 Trustee’s report on proposal The trustee must ﬁle a report in form 105 with the application for approval under section 14 of the Act.
“Compare: SR 1970/245, r 85 “Insolvent deceased estates “867 Application for order to administer under Part XVII of Act An application for an order to administer under Part XVII of the Act must be by originating application.
“Compare: SR 1970/245, r 87 “868 Application by creditor or beneﬁciary “(1) Notice of an application under section 155 of the Act must be given by serving on the administrator, or, if no administrator 17 r 2 High Court Amendment Rules (No 2) 1999 1999/382 has been appointed, on such persons as the Court directs, a copy of the application together with a copy of any supporting afﬁdavit.
“(2) The Court may, within such time as the Court requires, direct the administrator to ﬁle the account in form 106 if— “(a) An application is made by a creditor, or any person beneﬁcially interested after a request has been made to an administrator; and “(b) The administrator has failed to make an application within 21 working days.
“Compare: SR 1970/245, r 89 “869 Duty of Registrar where order made If an order is made under section 157 or section 158 of the Act, the Registrar must send to the appointee and to the Com­ missioner of Inland Revenue a copy of the order and of the account speciﬁed in section 154(3) of the Act.
“Compare: SR 1970/245, r 92 “870 Duty of administrator where order made If an order has been made under section 157 or section 158 of the Act,— “(a) The administrator must immediately send to the ap­ pointee, an account of the administrator’s dealings and administration of the deceased estate; and “(b) The administrator must, at the same time, give particu­ lars of the affairs of the deceased as may be required by the appointee.
“Compare: SR 1970/245, r 93 “871 Person who has intermeddled in estate may be ordered to give particulars The Court may, on an appointee’s application, direct that an account be made, veriﬁed, and given by any person whom the Court considers has administered or otherwise intermeddled with all or any part of deceased’s property, if— “(a) An order has been made under section 157 or section 158 of the Act; and 18 1999/382 High Court Amendment Rules (No 2) 1999 r 2 “(b) It appears to the Court that no administrator exists and the appointee is unable to ﬁnd any person willing to give the particulars required by rule 870.
“Compare: SR 1970/245, r 94 “Appeals, etc “872 Applications to vary or discharge order or decision of Registrar or District Court Judge “(1) Every application to a Judge to vary or discharge the order or decision of a Registrar or District Court Judge made under section 6 of the Act must be ﬁled,— “(a) 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 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 the party of notice of the order or decision.
“(2) The application does not stay proceedings unless a Judge, the Registrar, or the District Court Judge otherwise orders.

“Compare: SR 1970/245, r 16 “(b) “873 Appeals to Court of Appeal “(1) The Court of Appeal (Civil) Rules 1997, so far as they are applicable and with any necessary modiﬁcations, apply to ap­ peals to the Court of Appeal under section 8 of the Act.

“(2) The Ofﬁcial Assignee of the bankrupt’s property is a party to any appeal.
“Compare: SR 1970/245, r 65(3), (6) “Ofﬁcial assignee “874 Applications to Court by Ofﬁcial Assignee Applications by the Ofﬁcial Assignee to the Court may be made personally, by counsel, or by any agent duly appointed under section 71(p) of the Act.
“Compare: SR 1970/245, r 8 19 r 3 High Court Amendment Rules (No 2) 1999 1999/382 “875 Ofﬁcial Assignee’s liability for costs Unless the Court otherwise directs, the Ofﬁcial Assignee is not personally liable for costs if— “(a) Proceedings are brought against the Ofﬁcial Assignee representing the estate of the bankrupt; or “(b) The Ofﬁcial Assignee is made a party to a proceeding on the application of any other party.
“Compare: SR 1970/245, r 11 “Miscellaneous “876 Filing decisions of District Court “(1) If, under the Act, an application relating to bankruptcy may be ﬁled in a District Court, the Registrar of that Court must for­ ward to the nearest High Court a certiﬁed copy of the decision of the District Court.

“(2) 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: SR 1970/245, r 14.” New forms inserted Schedule 1 of the High Court Rules is amended by inserting, in their appropriate numerical order, the forms set out in the Schedule of these rules.

Revocations The following rules are revoked: (a) (b) The Insolvency Rules 1970 (SR 1970/245): The Insolvency Rules 1970, Amendment No 1 (SR 1985/327): The Insolvency Rules 1970, Amendment No 2 (SR 1992/186).
(c) 3 4 20 1999/382 High Court Amendment Rules (No 2) 1999 Schedule Schedule New forms 89 to 107 inserted in Schedule 1 of High Court Rules “Form 89 “Request for issue of bankruptcy notice Rule 3 Rule 827 “ “ “Form 90 “Bankruptcy notice Rule 827(a) 21 Schedule High Court Amendment Rules (No 2) 1999 1999/382 Form 90—continued 22 1999/382 High Court Amendment Rules (No 2) 1999 Schedule “Form 91 “Debtor’s petition Rule 831(1) “ “ “Form 92 “Creditor’s petition Rule 831(1) 23 Schedule High Court Amendment Rules (No 2) 1999 1999/382 “Form 93 “Afﬁdavit verifying petition Rule 831(2) “ “ 24 “Form 94 “Summons to debtor Rule 831(2) 1999/382 High Court Amendment Rules (No 2) 1999 Schedule Form 94—continued “Form 95 “Notice by debtor of intention to oppose petition Rule 838(a) “ 25 Schedule High Court Amendment Rules (No 2) 1999 1999/382 Form 95—continued “Form 96 “Application for warrant Rule 847(1) “Form 97 “Warrant for arrest of debtor or bankrupt Rule 847(2) “ “ 26 1999/382 High Court Amendment Rules (No 2) 1999 Schedule Form 97—continued “Form 98 “Warrant of seizure under section 64(1) or section 65(1) of Insolvency Act 1967 “ 27 Schedule High Court Amendment Rules (No 2) 1999 1999/382 Form 98—continued “Form 99 “Search warrant under section 65(2) of Insolvency Act 1967 “ 28 1999/382 High Court Amendment Rules (No 2) 1999 Schedule Form 99—continued “Form 100 “Warrant to apprehend Rule 849(1) “ 29 Schedule High Court Amendment Rules (No 2) 1999 1999/382 Form 100—continued “Form 101 “Notice of objection Rule 859(1) “ 30 1999/382 High Court Amendment Rules (No 2) 1999 Schedule “Form 102 “Notice of intention to hold public examination under section 109 of the Insolvency Act 1967 “ “ “Form 103 “Proposal Rule 865 31 Schedule High Court Amendment Rules (No 2) 1999 1999/382 Form 103—continued “Form 104 “Statement of affairs and afﬁdavit Rule 865 [General heading as in form 1 and rule 824] Statement showing the assets, debts, and liabilities of [Full name, address and description of insolvent person].
Assets 32 1999/382 High Court Amendment Rules (No 2) 1999 Schedule Form 104—continued [General heading as in form 1 and rule 824] Statement showing the assets, debts, and liabilities of [Full name, address and description of insolvent person].
Stock­in­trade at [Place], estimated at $ Book debts, estimated to produce Cash in hand Cash in Bank of Furniture and other personal property according to list attached marked ‘A’ Real property according to list attached marked ‘B’ Surplus from securities in hands of secured creditors Other assets Total assets Debts and Liabilities Unsecured creditors according to list attached, marked ‘C’ $ $ Secured creditors according to list attached, marked ‘D’ Less estimated value of securities Surplus Other liabilities, according to list attached, marked ‘E’ Total debts $ $ 33 Schedule High Court Amendment Rules (No 2) 1999 1999/382 Form 104—continued [General heading as in form 1 and rule 824] Statement showing the assets, debts, and liabilities of [Full name, address and description of insolvent person].
I, [Full name, address, and description of insolvent person] swear that the above statement and the lists marked ‘A’, ‘B’, ‘C’, ‘D’ and ‘E’ are a true statement of my assets and liabilities, the names and addresses of my creditors, and the securities held by them respectively.

Sworn at [Place] [Date].

..................................

Insolvent person.
Insolvent person.

Before me: ................................. A Solicitor of the High Court of New Zealand or (Deputy) Registrar of the High Court of New Zealand or Notary Public).
“Form 105 “Report of trustee on proposal Rule 866 “ 34 1999/382 High Court Amendment Rules (No 2) 1999 Schedule Form 105—continued 35 Schedule High Court Amendment Rules (No 2) 1999 1999/382 “Form 106 “Account of assets, debts, etc, of deceased person veriﬁed by afﬁdavit Rule 868(2) [General heading as in form 1 and rule 824] Statement showing the assets, debts, and liabilities of the estate of [Full name and former address of deceased] (the deceased).
Assets Stock­in­trade at [Place] estimated at Book debts according to list attached marked ‘A’ Cash in hand Cash in Bank of Household furniture and effects Real property according to list attached marked ‘B’ Surplus from securities in hands of secured creditors Any other assets according to list attached marked ‘C’ Total assets Debts and Liabilities Unsecured creditors, according to list attached, marked ‘D’ Secured creditors according to list attached, marked ‘E’ Less estimated value of securities Surplus Other liabilities, according to list attached, marked ‘F’ Total debts 36 $ $ $ $ 1999/382 High Court Amendment Rules (No 2) 1999 Schedule Form 106—continued [General heading as in form 1 and rule 824] Statement showing the assets, debts, and liabilities of the estate of [Full name and former address of deceased] (the deceased).
According to the above statement there appears to be a deﬁciency in the estate amounting to [Amount] [Other particulars necessary to explain the account].

I, [Full name, address, and description of administrator] swear: 1.

That I am the administrator of the estate.

2.

That the above statement and the lists marked ‘A’, ‘B’, ‘C’, ‘D’, ‘E’ and ‘F’ respectively show the assets, debts, and liabilities of the deceased so far as they are known to me.

Dated at [Place] [Date].

...............................


Administrator.

Before me: .................................. A Solicitor of the High Court of New Zealand or (Deputy) Registrar of the High Court of New Zealand or Notary Public.

“Form 107 “Certiﬁcate by public trustee or Maori trustee of election to administer under Part XVII of the Insolvency Act 1967” “ 37 Explanatory note High Court Amendment Rules (No 2) 1999 1999/382 Form 107—continued MARIE SHROFF, Clerk of the Executive Council.
Explanatory note This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 February 2000, amend the High Court Rules.

Rule 2 adds new Part 16, which replaces the Insolvency Rules 1970.

Rule 3 adds new insolvency forms to Schedule 1.

Rule 4 contains consequential revocations.

38 1999/382 High Court Amendment Rules (No 2) 1999 Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notiﬁcation in Gazette: 4 November 1999.

39