As lawyers practising in the High Court’s civil jurisdiction will be aware, the new Rules governing general proceedings came into force on 1 January 2026. Useful information about the purpose and content of the new Rules can be found on the Rules Committee website. 

It is still relatively early days in the operation of the new Rules. At the time of writing this update, one Judicial Issues Conference (JIC) has been held, and feedback is that it was a very useful and helpful exercise. Given the Rules only came into effect as of January this year, the number of JICs will start to ramp up as the year progresses. I encourage lawyers to carefully consider the steps they and their clients must take in the lead-up to a JIC, as well as how to maximise the opportunity of a substantive (half-day) conference with a Judge or Associate Judge who is fully briefed on the file.¹ 

The joint Judicial/Ministry of Justice Working Group established to oversee implementation of the new Rules continues to oversee their operation. A range of data is being collected, though it will likely be another year or so before any clear trends are seen. The Working Group will also be reporting to the Rules Committee later this year on any suggested amendments to the new Rules, or other matters requiring the Committee’s attention. If you consider there are matters requiring early clarification or amendment in the new Rules, or operational matters that it would be helpful for the Court to consider, you should feel free to provide feedback directly to me via Principal Advisor Angela Blake (Angela.Blake@courts.govt.nz), to the Rules Committee via the clerk to the Committee (Henry.Fitzgerald@justice.govt.nz) or to your local Court Manager or Civil Caseflow Manager. 

The other development in the High Court’s civil jurisdiction is the (re)establishment of the Commercial List in Auckland (in October last year). The Practice Note governing proceedings in the Commercial List are published in the High Court Practice Notes on the Courts of New Zealand website. Again, while it is still early days in the List’s operation, the List is already meeting its objectives of more speedy progression of commercial cases through interlocutory phases and the allocation of earlier substantive fixtures. Interlocutory matters are able to be allocated a short hearing before a Commercial List Judge later on the same day that the parties advise that the application is ready to be heard, or during the following week. A number of substantive fixtures have already been allocated, with those dates being for as soon as the case is ready for hearing. Justice Gault and I (as the Commercial List Judges) have been very impressed by the approach taken by lawyers and their clients in proceedings in the List, with evident cooperation and pragmatism, and much being able to be dealt with by consent. 

Finally, there is one practical, and unfortunately not a positive, matter to raise. This is the ongoing number of adjournment applications sought in respect of substantive trial fixtures, particularly in the Auckland Registry. There is no doubt that time-to-trial (measured from the date a Judge directs that a substantive fixture is to be allocated) in general proceedings in the High Court is presently longer than desirable.² But despite this, the Executive Judge in Auckland deals with applications to adjourn substantive fixtures on an almost daily basis, despite the parties having had more than ample time to prepare for their hearing. Parties and their lawyers should be aware that circumstances will usually need to be exceptional before an adjournment application is granted. In addition, some parties and their lawyers anticipate an adjournment being granted and a new hearing date allocated in a small number of weeks or months’ time. That is not the case. In most cases, the proceeding will have to go to the “end of the queue”. 

If lawyers apprehend an adjournment might be required, it is important to raise this with the Court at the earliest possible opportunity. In that way, if the application is granted, there may be sufficient time to bring forward another fixture. Parties and lawyers are also encouraged to confer early, and regularly, on trial duration. A number of adjournment applications are made on the basis that the parties have significantly underestimated the time required for trial. 

I hope this brief update is helpful, and I thank the profession for their ongoing cooperation and assistance in the High Court’s civil work. 

1. As lawyers may already be aware, Judicial Issues Conferences are scheduled to commence at 11.45am and to conclude at around 3.30pm (taking the standard lunch adjournment at 1pm to 2.15pm).
2. Some commentary references the number of days to trial from when the case is “ready to be heard.” This is in fact a misnomer. Time to trial is measured from the date a Judge directs that a substantive fixture is to be allocated. Under the old Rules, substantive fixtures are usually directed early in the lifecycle of proceeding, and when a case has many steps to be taken before being ready to be heard. Annual statistics on waiting times for scheduled hearings are published to the Courts of New Zealand website.