The Parliamentary Counsel Office says the High Court Rules will move to a new location on the New Zealand Legislation website and become the High Court Rules 2016 after enactment of the Judicature Modernisation Bill.
The massive Bill is close to enactment, having now passed its committee stages in Parliament. It will bring into a single statute the provisions governing matters like court procedure, judicial powers and appointments for the senior courts.
Justice Minister Amy Adams says it is the biggest piece of legislation Parliament has ever considered at one go.
Among the many changes to our court system, the new legislation will mean that the High Court Rules 2016 will be published as a separate document in the Legislative Instrument series, which will improve access to the rules. However, existing links to the current rules will need updating.
"It is important to note that the High Court Rules 2016 are not a new Legislative Instrument, but rather the current rules republished on the NZ Legislation website as a stand-alone document," the PCO says.
Rules in Schedule 2 at present
At present the High Court Rules are found in Schedule 2 of the Judicature Act 1908. The PCO says two provisions in the Judicature Modernisation Bill will continue the High Court Rules as in force on the date of the Royal asset and deem them to be part of what will become a new Senior Courts Act.
The Chief Parliamentary Counsel will be required to publish the rules as the High Court Rules 2016, as it they were a Legislative Instrument under the Legislation Act 2012.
The PCO says it will have 15 working days in which to republish the High Court Rules after the new Senior Courts Act receives the Royal Assent.