District Court process change will shorten Christchurch earthquake claim process
Chief District Court Judge Jan-Marie Doogue has asked the New Zealand Law Society to assist with distributing information to all New Zealand lawyers about a Practice Note which aims to fast-track claims arising from the Christchurch earthquake.
Chief Judge Doogue has prepared an open letter to legal practitioners with information about the Practice Note, which will apply from 1 February 2012.
“As the Chief Judge of the District Courts I have set up a procedure which will ‘fast-track’ claims arising from the Christchurch earthquake,” she writes. “The aim is that these claims can be settled as expeditiously as possible and the people of Christchurch can move on with their lives.”
Chief Judge Doogue says she realises this is an unusual step, but believes it is justified by the extent that the people of Christchurch will need prompt access to the civil courts to resolve issues of litigation arising from the earthquakes since 4 September 2010 that, for many, will affect their assets.
“To ensure the public can have confidence in its ability to have recourse to the Court, the procedure will readily identify earthquake claims and put them on a ‘fast-track’ for their earliest possible resolution. It is important that the civil jurisdiction of the Court is adequately resourced to respond,” she says.
“We have made certain that in instituting such a procedure adequate resources will ensure that any pre-existing claims before the Court will be dealt with no less expeditiously.”
The Practice Note applies to any earthquake related claims filed in the District Courts at Christchurch, Rangiora, Timaru and Ashburton. Chief Judge Doogue says the Court has the power to set the new procedures under the Canterbury Earthquake Recovery Act 2011.
A copy of the Chief Judge’s Open Letter and the Practice Note is available on my.lawsociety.org.nz.