Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831298099.pdf (New Zealand)
2001/381 District Courts Amendment Rules (No 2) 2001 Pursuant to section 122 of the District Courts Act 1947, Her Excel­ lency the Governor­General, acting on the advice and with the con­ sent of the Executive Council, and with the concurrence of the Chief District Court Judge and at least 2 other members of the Rules Com­ mittee (of whom at least 1 was a District Court Judge), makes the following rules.
Contents Title Commencement Search of Court records generally When allowed without leave Application of this Part to proceedings under certain Acts New rule 440A inserted 440A Application of rule 447 to proceedings under Property (Relationships) Act 1976 Directions as to service Joinder of claims and consolidation New rule 449 substituted 449 Time for serving claimant’s afﬁdavit in proceedings under Family Protection Act 1955 Page 1 2 2 2 2 2 2 2 3 3 3 1 (1) Title These rules are the District Courts Amendment Rules (No 2) 2001.
1 r 2 (2) District Courts Amendment Rules (No 2) 2001 2001/381 In these rules, the District Courts Rules 19921 are called “the principal rules”.

Commencement These rules come into force on 1 February 2002.

Search of Court records generally Rule 69(4)(i) of the principal rules is amended by omitting the expression “Matrimonial Property Act 1976”, and substituting the expression “Property (Relationships) Act 1976”.
When allowed without leave Rule 242 of the principal rules (which relates to service out of New Zealand) is amended by omitting from paragraph (h) the words “Matrimonial Property Act 1963 or the Matrimonial Property Act 1976”, and substituting the expression “Property (Relationships) Act 1976”.

Application of this Part to proceedings under certain Acts Rule 440(1) of the principal rules is amended by revoking paragraph (c).
New rule 440A inserted The District Courts Rules are amended by inserting, after rule 440, the following rule: “440A Application of rule 447 to proceedings under Property (Relationships) Act 1976 Rule 447 (which relates to joinder of claims and consolidation) applies to proceedings under the Property (Relationships) Act 1976, but no other rule in this Part applies to proceedings under that Act.” 7 Directions as to service Rule 444(3) of the principal rules is amended by omitting the words “, the Law Reform (Testamentary Promises) Act 1949, or the Matrimonial Property Act 1963, the information re­ 1 SR 1992/109 2 2001/381 District Courts Amendment Rules (No 2) 2001 Explanatory note quired by subclause (2) shall include”, and substituting the words “or the Law Reform (Testamentary Promises) Act 1949, the information required by subclause (2) includes”.
8 Joinder of claims and consolidation Rule 447 of the principal rules is amended by revoking sub­ clause (2), and substituting the following subclauses: “(2) A surviving spouse or de facto partner (the survivor) may include a claim under the Property (Relationships) Act 1976 against the estate of the deceased spouse or de facto partner in any proceeding against that estate under— the Family Protection Act 1955; or “(a) the Law Reform (Testamentary Promises) Act 1949; or “(b) both of those Acts.
“(c) “(2A) For the purposes of subclause (2),— “(a) “(b) the survivor need not also claim under either or both of the Acts referred to in subclause (2)(a) and (b); but if the survivor does claim under either or both of those Acts, his or her claim under the Property (Relationships) Act 1976 need not be made in the alternative.” 9 New rule 449 substituted The principal rules are amended by revoking rule 449, and substituting the following rule: “449 Time for serving claimant’s afﬁdavit in proceedings 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: High Court Rules r 456”.

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.

3 Explanatory note District Courts Amendment Rules (No 2) 2001 2001/381 These rules, which come into force on 1 February 2002, amend the District Courts Rules 1992 (“the principal rules”).
The rule changes arise from the enactment of the Property (Relationships) Amendment Act 2001, most of which comes into force on that date.

Under that Amendment Act, the Matrimonial Property Act 1976 is renamed the Property (Relationships) Act 1976, and replaces completely the Matrimonial Property Act 1963 (the 1963 Act).

Rule 3 amends rule 69(4)(i) of the principal rules, which relates to searching of Court records generally, to reﬂect the renaming of the Matrimonial Property Act 1976.
Rule 4 amends rule 242 of the principal rules, which permits certain proceedings that cannot be served in New Zealand to be served over­ seas without leave of the Court.

Rule 242(h) is amended so that it refers to proceedings under the Property (Relationships) Act 1976, rather than to proceedings under the 1963 Act or the Matrimonial Property Act 1976.

Rule 5 amends rule 440 of the principal rules by revoking the refer­ ence to the 1963 Act.
No reference to the Property (Relationships) Act 1976 is substituted.

The amendment ensures that, except as pro­ vided by new rule 440A (inserted by rule 6), Part 5 of the principal rules (procedure in special cases) does not apply to proceedings under the Property (Relationships) Act 1976.

Rule 6 inserts new rule 440A into the principal rules.
Under new rule 440A, rule 447 of the principal rules (as amended by rule 8) is the only rule in Part 5 of the principal rules that applies to proceedings under the Property (Relationships) Act 1976.

Rule 7 amends rule 444 of the principal rules, which relates to ap­ plications for directions for service and orders for representation.

The amendment ensures that rule 444 no longer refers to proceed­ ings under the 1963 Act.
Rule 8 amends rule 447 of the principal rules, which relates to join­ der of claims and consolidation.

New rule 447(2) and (2A) re­en­ act rule 447(2), but refer to the Property (Relationships) Act 1976, and include references to deceased and surviving de facto partners.
Further, rule 447(3) makes it clear that separate proceedings against an estate under any of the Family Protection Act 1955, Law Reform (Testamentary Promises) Act 1949, and Property (Relationships) Act 4 2001/381 District Courts Amendment Rules (No 2) 2001 1976, may be consolidated, under rules 384 and 385 of the principal rules.
Rule 9 relates to rule 449 of the principal rules, which requires claimants under the Family Protection Act 1955 or the 1963 Act to serve their own afﬁdavits in support at the same time as they serve their statements of claim.

A new rule 449 is substituted that re­enacts rule 449, but for claimants under the Family Protection Act 1955 only.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 13 December 2001.

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