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Court Rules changes from 1 August

18 July 2019

Some changes to the High Court Rules 2016 and the District Court Rules 2014 will come into force on 1 August 2019.

High Court Rules changes

The High Court Amendment Rules 2019 make a number of changes to the High Court Rules 2016 from 1 August:

Further submissions after end of hearing (New Rule 11.8A)

A new Rule 11.8A is inserted to require a party to file a memorandum seeking leave before making submissions after a matter has been heard but before judgment has been given. The new rule incorporates Practice Note 3 in the principal rules.

Applications by originating application (Rule 19.2)

Rule 19.2 is amended by clause 8 of the amendment rules to provide that applications under certain enactments must be made by way of originating application. These are:

An application under section 329 of the Companies Act 1993 to restore a company to the New Zealand register.

An application under section 319 of the Property Law Act 2007 to authorise entry onto or over neighbouring land.

An application under section 76 of the Public Trust Act 2001 to appoint Public Trust an executor, administrator, or trustee.

An application under section 8 of the Trustee Companies Act 1967 to appoint a trustee company an executor, administrator, or trustee.

Daily recovery rates for costs (Schedule 2)

Schedule 2 is replaced with a new schedule, which provides for increased daily recovery rates:

The category 1 proceedings rate increases from $1,480 to $1,590.

The category 2 proceedings rate increases from $2,230 to $2,390.

The category 3 proceedings rate increases from $3,300 to $3,530.

Time allocations in general civil proceedings (Schedule 3)

Schedule 3 is amended in relation to the time allocations for a number of steps in general civil proceedings. The effect of the amendments is to differentiate between time allocations for affidavit hearings and witness hearings. The amendments are intended to relate the allocations more closely to the length of the hearing and provide a separate allocation for the preparation of the common bundle.

Additional factors to be considered at case management conferences (Schedule 5)

Schedule 5 is amended to provide for two additional factors for consideration at case management conferences. The first is whether expert witnesses should conference and the manner in which expert evidence is to be given (ie, in the normal course of a party’s case, consecutively, or by way of panel). The second is whether an electronic common bundle and/or electronic casebook is to be prepared.

Other amendments

A number of other amendments are made to correct drafting errors (rules 9.30 and 9.31) or to clarify matters (rule 7.23(5) and rule 30.3).

District Court Rules changes

The District Court Amendment Rules 2019 make a number of changes to the District Court Rules 2014 from 1 August.

Adjudicator's determination under Construction Contracts Act 2002 (Rule 20.88)

Rule 20.88 is amended to reduce the period within which a defendant opposing enforcement of an adjudicator’s determination under section 74 of the Construction Contracts Act 2002 must file an application. The period is reduced from 15 working days to 5 working days. The amendment is consequential on the same amendment to section 74(1) of the Construction Contracts Act 2002. That amendment was made by section 51(1) of the Construction Contracts Amendment Act 2015.

Interlocutory application without notice (Schedule 2, form 18)

Schedule 2, form 18 (interlocutory application without notice) is replaced to reflect amendments to rule 7.16 made byrule 9 of the District Court Amendment Rules 2017. The new form 18 aligns with the equivalent form G 32 of Schedule 1 of the High Court Rules 2016.

Daily recovery rates for costs (Schedule 5)

Schedule 5 is amended to provide for new daily recovery rates:

The category 1 proceedings rate increases from $1,180 to $1,270.

The category 2 proceedings rate increases from $1,780 to $1,910.

The category 3 proceedings rate increases from $2,640 to $2,820.

Last updated on the 16th September 2019