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Judicature Act 1908

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Schedule 2: substituted, on 1 February 2009, by section 8(1) of the Judicature (High Court Rules) Amendment Act 2008 (2008 No 90).

Contents

Part 1
Rules of general application

Subpart 1 —Objective and interpretation

1.3 Interpretation

Subpart 2 —Application and compliance

1.4 Application

1.5 Non-compliance with rules

1.6 Cases not provided for

1.7 Oral applications for relief

1.8 Consent instead of leave of court

1.9 Amendment of defects and errors

Subpart 3 —Use of Māori language, translations, and sign language

1.11 Speaking in Māori

1.12 Translation of documents into te reo Māori

1.13 Failure to give notice

1.14 Translation may be ordered by court

1.15 Affidavit in language other than English

1.16 Sign language

Subpart 4 —Time

1.17 Calculating periods of time

1.18 When time expires when court registry is closed

1.19 Extending and shortening time

Subpart 5 —Lawyers’ obligations

1.20 Lawyers’ duties

Subpart 6 —Forms

1.21 Variation of forms

Subpart 7 —International co-operation

1.22 Communication with foreign court

Part 2
Jurisdiction and powers of Associate Judges and Registrars

Subpart 1 —Associate Judges

2.1 Jurisdiction and powers

2.2 Interim order on transfer of proceeding

2.3 Review of decision

2.4 Appeal to Court of Appeal

Subpart 2 —Registrars

2.5 Registrars’ jurisdiction and powers relating to interlocutory applications

2.6 Additional jurisdiction for certain Registrars

2.7 Limits on jurisdiction

2.8 Powers ancillary to jurisdiction

2.9 Jurisdiction in other registries

2.10 Form of order

2.11 Review of Registrar’s decision

Part 3
Court administration

Subpart 1 —Registry hours and court holidays

3.1 Registry hours

3.2 Court holidays

3.3 Sitting on court holidays

3.4 Epidemics and emergencies

Subpart 2 —Access to court documents

3.5 Interpretation

3.6 Application

3.7 General right of access to formal court record and certain applications under Administration Act 1969

3.8 Right of parties to access court file or documents

3.9 Access to documents during substantive hearing stage

3.10 Meaning of relevant deadline in rule 3.9

3.11 Access to court files, documents, and formal court record in other cases

3.12 Restrictions on access

3.13 Applications for permission to access documents, court file, or formal court record other than at hearing stage

3.14 Decisions on applications under rule 3.13

3.15 Review of decisions by Registrar

3.16 Matters to be taken into account

Subpart 3 —Investment of funds in court

3.17 Application for order

3.18 Powers of court in relation to application

3.19 Disposal of securities and income

Subpart 1 —Limit on parties

4.1 Limit on parties

Subpart 2 —Plaintiffs

Subpart 3 —Defendants

Subpart 4 —Third, fourth, and subsequent parties

4.4 Third parties

4.5 Fourth parties

4.6 Subsequent parties

4.7 Status of third, fourth, and subsequent parties

4.8 Court’s power and discretion

4.9 Application of third party notice rules to fourth and subsequent party notices

4.10 Requirements of third party notice

4.11 Filing of third party notice

4.12 Service on third party

4.13 Service on plaintiff

4.14 Filing and service of statement of defence

4.15 Service of application for leave

4.16 Setting aside third party notice

4.17 Default in filing statement of defence

Subpart 5 —Claims between defendants

4.18 Right to give notice

4.19 Statement of claim to be filed and served

4.20 Statement of defence

4.21 Form of notice

4.22 Effect of omission to give notice

Subpart 6 —Impact of certain capacities

4.23 Trustees, executors, and administrators

4.24 Persons having same interest

4.26 Person trading as firm

4.27 Representation by other persons

Subpart 7 —Incapacitated persons

4.29 Incapacitated person, litigation guardian, and minor defined

4.30 Incapacitated person must be represented by litigation guardian

4.31 Minor must be represented by litigation guardian

4.32 Minor may apply to conduct proceeding without litigation guardian

4.33 Application of rules 4.34 to 4.46 to minors

4.34 Court may set aside step in proceeding

4.35 Appointment of litigation guardian

4.36 Application to be served on person for whom litigation guardian is to be appointed

4.37 Notification of appointment

4.38 Powers of litigation guardian

4.39 Heading on documents when incapacitated person is represented

4.40 Service of documents

4.41 Representation to be disregarded in making award of costs

4.42 Award of costs enforceable against incapacitated person or litigation guardian

4.43 Liability of former litigation guardian for costs subsequently awarded against incapacitated person

4.44 Compliance with liability order

4.45 Litigation guardian may be reimbursed for costs out of property of incapacitated person

4.46 Retirement, removal, or death of litigation guardian

4.47 Procedure when person ceases to be incapacitated person

4.48 Procedure when minor attains full age

Subpart 8 —Change of parties by death, bankruptcy, or devolution

4.49 Proceeding not to come to end

4.50 Procedure on death, bankruptcy, and devolution

4.51 Devolution when proceeding pending

4.52 New parties order

4.53 Discharge or variation of new parties order

Subpart 9 —Adjusting parties

4.54 Change of name

4.55 Parties wrongly joined

4.56 Striking out and adding parties

Subpart 10 —Interpleader

4.57 Interpretation

4.58 Right to interplead

4.59 Form of application

4.60 Affidavit in support

4.61 Time for applying

4.62 Claimants to file affidavits

4.63 Powers of court

4.64 Costs of applicant

Part 5
Commencement of proceedings and filing of documents

Subpart 1 —Proper registry of court

5.1 Identification of proper registry

Subpart 2 —Formal requirements for documents

5.2 Non-complying documents

5.4 Contents to be typed, etc

5.6 Signature to be original

5.7 Cover sheet, numbering, and fastening of document

5.8 Description of document

5.9 Heading generally

5.10 Format of cover sheet

Subpart 3 —Heading of court documents

5.11 Heading on statement of claim and counterclaim

5.12 Heading on judgment and certain orders

5.13 Heading on other documents

5.14 Division into paragraphs

5.16 Information at foot of cover sheet

Subpart 4 —Pleadings generally

5.17 Distinct matters to be stated separately

5.18 Denial of representative character

5.19 Denial of contract

5.20 Effect of document to be stated

5.21 Notice requiring further particulars or more explicit pleading

Subpart 5 —Notice of proceeding

5.22 Notice of proceeding to be filed with statement of claim

5.23 Requirements as to notice of proceeding

5.24 When not necessary to file notice of proceeding

Subpart 6 —Statement of claim

5.25 Proceeding commenced by filing statement of claim

5.26 Statement of claim to show nature of claim

5.27 Statement of claim to specify relief sought

5.28 Inclusion of several causes of action

5.29 Joint plaintiffs

5.30 Joining claims by or against spouses or partners

5.31 Specifying relief sought

5.32 Amount of money claim

5.33 Special damages

5.35 Representative capacity of party

Subpart 7 —Authority of solicitors to act

5.36 Authority to file documents

5.37 Solicitor’s warranty as to authorisation to file documents

5.38 Solicitor on record

5.39 Authority to sign documents

5.40 Change of representation or address for service

5.41 Withdrawal of solicitor who has ceased to act for party

5.42 Address for service of party whose solicitor has ceased to act

5.43 Solicitors to inform clients of orders or directions

Subpart 8 —Memorandum on first document

5.44 Memorandum at end of first document filed by party

Subpart 9 —Security for costs

5.45 Order for security of costs

5.46 Solicitor not to be surety

Subpart 10 —Statement of defence and appearance

5.47 Filing and service of statement of defence

5.48 Requirements of statement of defence

5.49 Appearance and objection to jurisdiction

5.50 Appearance for ancillary purposes

5.51 Appearance reserving rights

Subpart 11 —Counterclaims

5.53 Counterclaim against plaintiff only

5.54 Heading of counterclaim

5.55 Filing and service

5.56 Defence to counterclaim

5.57 Counterclaim against plaintiff and another person

5.58 Place of trial of counterclaim

5.59 Status of counterclaim if proceeding stayed

5.60 Counterclaim by counterclaim defendant

5.61 Restriction when the Crown involved

Subpart 12 —Reply

5.62 Duty to file and serve reply

5.63 Contents of reply

Subpart 13 —Proceedings and actions transferred from District Court

5.64 Application of rules

5.65 Documents to be filed in proper registry

5.66 On filing treated as proceeding

5.67 Title of documents

5.68 Time for filing statement of defence

5.69 Transfer under section 45 of District Courts Act 1947

Subpart 14 —Service of statement of claim and notice of proceeding

5.70 Service generally

5.71 Personal service required

5.72 Prompt service required

5.73 Extension of time for service

5.73A Notice of service to Registrar

Subpart 1 —Methods and proof of service

6.1 Methods of service

6.2 Service of copies

6.4 Personal service on spouses or partners

6.5 Service at address for service

6.6 Service by means of post office box, document exchange, fax, or email

6.7 Service under agreement

6.8 Substituted service

6.9 Notices to be given by Registrar

6.10 Proof of service

6.11 Personal service

Subpart 2 —Corporations, partners, attorneys, and agents

6.12 Personal service on New Zealand corporations

6.13 Personal service in New Zealand on foreign corporations

6.14 Personal service on unincorporated societies

6.15 Personal service on partnership or apparent partnership

6.16 Personal service on attorney or agent of absentee

6.17 Service on representatives

6.18 Service on solicitor

6.19 Service of statement of claim on certain days void

6.20 Failure to give address for service

Subpart 3 —Foreign process

6.21 Service of foreign process

6.22 Sheriff to effect service

6.23 Method of service

6.24 Return as to service

6.25 Certification

6.26 Sealing and transmission of certificate

Subpart 4 —Service out of New Zealand

6.27 When allowed without leave

6.28 When allowed with leave

6.29 Court's discretion whether to assume jurisdiction

6.30 Service of other documents outside New Zealand

6.31 Notice to defendant served outside New Zealand

6.32 Service outside New Zealand

6.33 Service through official channels

6.34 Service in convention countries

6.35 Time for filing defence

Part 7
Case management, interlocutory applications, and interim relief

Subpart 1 —Case management

7.1 Proceedings subject of case management

7.2 Case management conferences generally

7.3 First case management conferences

7.4 Further case management conferences

7.5 Issues conferences

7.6 Allocation of key dates

7.7 Steps after close of pleadings date restricted

7.8 Pre-trial conferences

7.9 Cancellation of conference

7.10 Limitation of right of appeal

7.11 Timetable and monitoring obligations

7.12 Lists of proceedings

7.13 Registrar's functions in relation to hearing dates

7.14 Case management conferences for appeals

7.15 Directions for conduct of appeal

7.16 Jury notice

7.17 Parties to keep Registrar informed [Repealed]

7.18 No steps after setting down date without leave [Repealed]

Subpart 2 —Interlocutory applications and interlocutory orders

7.19 Contents, form, and filing of interlocutory application

7.20 Affidavit to be filed with application

7.21 Filing by post

7.22 Service of application and supporting affidavit

7.23 Application without notice

7.24 Notice of opposition to application

7.25 Affidavit to be filed with notice of opposition

7.26 Affidavit in reply

7.27 Evidence normally given by affidavit

7.28 Cross-examination of maker of affidavit

7.29 Rules governing affidavits

7.30 Statements of belief in affidavits

7.31 When admissions binding

7.32 Previous affidavits and agreed statements of fact

7.33 Allocation of hearing date

7.34 Mode of hearing

7.35 Publication about hearing in chambers

7.36 Application for summary judgment to be heard in open court

7.37 No hearing required if respondents consent or do not oppose

7.38 Respondent who consents, or who does not oppose, need not attend hearing

7.39 Synopsis of argument

7.40 Failure to attend

7.41 Certain applications may be made orally at hearing

7.42 Adjournment

7.43 Making of interlocutory orders

7.44 Power to grant interlocutory order or interlocutory relief

7.45 Interlocutory orders may be made subject to conditions

7.46 Determination of application without notice

7.47 Drawing up and sealing interlocutory order

7.48 Enforcement of interlocutory order

7.49 Order may be varied or rescinded if shown to be wrong

7.50 Order relating to management of proceeding may be varied if circumstances change

7.51 Order may be rescinded if fraudulently or improperly obtained

7.52 Limitation as to second interlocutory application

Subpart 3 —Interim relief

7.53 Application for injunction

7.54 Undertaking as to damages

7.55 Preservation of property

7.56 Sale of perishable property before hearing

7.57 Order to transfer part of property to person with interest in property

7.58 Interim payment of income to person with interest in income

Subpart 4 —Receivers

7.59 Application

7.60 Address for service

7.61 Receiver must give security

7.62 Remuneration of receiver

7.63 Accounts of receiver

7.64 Examination of accounts

7.65 Default by receiver

7.66 Powers of receiver

7.67 Accounts on death of receiver

Subpart 5 —Interim payments

7.68 Interpretation

7.69 Application for interim payment

7.70 Order for interim payment in respect of damages

7.71 Order for interim payment in respect of sums other than damages

7.72 Method of payment

7.73 Directions on interim payment application

7.74 Non-disclosure of interim payment

7.75 Adjustment on final judgment or order or on discontinuance

7.76 Counterclaims and other proceedings

Subpart 6 —Amendment of pleading

7.77 Filing of amended pleading

Subpart 7 —Recovery of specific property subject to lien

7.78 Recovery of specific property subject to lien or other security

Subpart 8 —Negotiations for settlement

7.79 Court may assist in negotiating for settlement

7.80 Arbitration by consent

Subpart 9 —Interim relief in respect of overseas proceedings

7.81 Interim relief in support of overseas proceedings

Part 8
Discovery and inspection and interrogatories

Subpart 1 —Discovery and inspection

8.1 Interpretation

8.2 Co-operation

8.3 Preservation of documents

8.4 Initial disclosure

8.5 Discovery orders to be made at case management conferences

8.6 Two kinds of discovery

8.7 Standard discovery

8.8 Tailored discovery

8.9 Presumption as to tailored discovery

8.10 Obligation of party ordered to make tailored discovery

8.11 Preparation for first case management conference

8.12 Orders that may be made

8.13 Solicitor's discovery obligations

8.14 Extent of search

8.15 Affidavit of documents

8.16 Schedule appended to affidavit of documents

8.17 Variation of discovery order

8.18 Continuing obligations

8.19 Order for particular discovery against party after proceeding commenced

8.20 Order for particular discovery before proceeding commenced

8.21 Order for particular discovery against non-party after proceeding commenced

8.22 Costs of discovery

8.23 Incorrect affidavit of documents to be amended

8.24 Who may swear affidavit of documents

8.25 Challenge to privilege or confidentiality claim

8.26 Crown documents and public interest

8.27 Inspection of documents

8.28 Privilege and confidentiality

8.29 Order facilitating inspection

8.30 Use of documents

8.31 Effect of failure to include document

8.32 Notice to produce documents or things

8.33 Contempt of court

Subpart 2 —Interrogatories

8.34 Interrogatories by notice

8.35 Duties of party served

8.36 Limitation of interrogatories by notice

8.37 Multiple parties

8.38 Order to answer

8.39 Contents of statement

8.40 Objection to answer

8.41 Who may swear affidavit verifying statement in answer to interrogatories

8.42 Insufficient answer

8.43 Incorrect answer to be amended

8.44 Answers as evidence

8.45 Public interest

8.46 Defamation proceedings

Subpart 3 —Notice to admit facts

8.47 Notice to admit facts

8.48 Judgment on admission of facts

Part 9
Evidence

Subpart 1 —Briefs, oral evidence directions, common bundles, and chronologies

9.1 Objective and scope

9.2 Exchange of documents and index

9.4 Preparation of common bundle

9.5 Consequences of incorporating document in common bundle

9.6 Consequence of not incorporating document in common bundle

9.7 Requirements in relation to briefs

9.8 Supplementary briefs

9.9 Exchange of chronology of facts intended to be relied upon at trial or hearing

9.10 Oral evidence directions

9.11 Compliance with Evidence Act 2006

9.12 Evidence-in-chief at trial

9.13 Briefs not given in evidence

9.14 Privilege and admissibility not affected by briefs

9.15 Cross-examination duties

9.16 Plaintiff's synopsis of opening

Subpart 2 —Evidence by depositions

9.17 Order for examination of witness or for letters of request

9.18 Security for costs for taking evidence outside New Zealand

9.19 Documents for examiner

9.20 Procedure for examination before examiner

9.21 Examination of additional persons

9.22 Objection to question

9.23 Form of report

9.24 Depositions as evidence

9.25 Letters of request where convention exists

9.26 Issue of letters of request

9.27 Agents of parties

9.28 Consequences of non-compliance with undertaking as to expenses

9.29 Application by Solicitor-General on letters of request from abroad

Subpart 3 —Medical examinations

9.30 Order for medical examination

9.32 Service of report

9.33 Evidence of medical practitioner when medical examination ordered

Subpart 4 —Inspection and testing

9.34 Order for inspection, etc

9.35 Notice of application

Subpart 5 —Experts

9.36 Appointment of court expert

9.37 Submission of question to court expert

9.38 Report of court expert

9.39 Experiments and tests

9.40 Cross-examination of court expert

9.41 Remuneration of court expert

9.42 Calling of expert witnesses

9.43 Expert witness to comply with code of conduct

9.44 Court may direct conference of expert witnesses

9.45 Status of joint witness statement by expert witnesses

9.46 Evidence of expert witnesses at trial

Subpart 6 —Preserving evidence

9.47 Right to preserve evidence

9.48 Procedures in which the Crown may have interest

9.49 Examination of witness

9.50 Subsequent admissibility

Subpart 7 —Evidence at trial

9.51 Evidence to be given orally

9.52 Issue of subpoenas

9.53 Service of subpoena

9.54 Evidence of person in custody

9.55 Affidavit evidence by agreement

9.56 Affidavit evidence under order of court

9.57 Agreed statement of facts

Subpart 8 —Evidence in Trans-Tasman proceedings

9.58 Interpretation

9.59 Issue of subpoenas by High Court for service in Australia

9.60 Leave to serve New Zealand subpoena on witness in Australia

9.61 Service of subpoena on witness in Australia

9.62 Application to set aside New Zealand subpoena

9.63 Service of documents on applicant

9.64 Hearing of application

9.65 Failure to comply with subpoena

9.66 Transmission of documents or things to Australian Court

9.67 Evidence and submissions by video link and telephone conference

Subpart 9 —Procedure when evidence given by affidavit

9.68 Application of rules 9.69 to 9.74

9.69 Time for filing plaintiff’s affidavits

9.70 Time for filing defendant’s affidavits

9.71 Time for filing affidavits in reply

9.72 Use of affidavits

9.73 Swearing of affidavits

9.74 Cross-examination of person who has sworn affidavit

9.75 Person refusing to make affidavit

9.76 Form and contents of affidavits

9.77 Exhibits to affidavits

9.78 Interlineation, alteration, or erasure in affidavit

9.79 Irregularity in form of affidavit

9.80 Service copies of affidavits

9.81 Affidavit may be sworn on Sunday

9.82 Affidavits made on behalf of corporation

9.83 Affidavit by 2 or more persons

9.84 Affidavit by blind or illiterate person

9.85 Authority to take affidavits in New Zealand

9.86 Authority to take affidavits in places outside New Zealand

9.87 Meaning of authenticated deposition

9.88 Admissibility of authenticated deposition

9.89 Application of other rules

Subpart 1 —Place

10.1 Venue and changing it

Subpart 2 —Adjournments, methods of trial, and verdicts

10.2 Adjournment of trial

10.3 Method of trial

10.4 Court may order separate trials

10.5 Existence or accuracy of record

10.6 When neither party appears

10.7 When only plaintiff appears

10.8 When only defendant appears

10.9 Judgment following non-appearance may be set aside

10.10 When both parties appear

10.11 When proceeding tried with jury

Subpart 3 —Consolidation of proceedings

10.12 When order may be made

10.13 Application of rule 10.12

Subpart 4 —Separate decision of questions

10.14 Definition of question

10.15 Orders for decision

10.16 Removal into Court of Appeal

10.17 Agreed result

10.18 Record, etc, of decision

10.19 Disposal of proceeding if proceeding substantially affected by decision of question

10.20 Form and contents of case

10.21 Insufficient case or disputed facts or documents

Subpart 5 —Counsel assisting

10.22 Counsel assisting

Subpart 6 —Hearings by video link

10.23 Interpretation

10.24 Judge may preside at hearing of certain matters by video link

10.25 Requirements for hearing by video link

10.26 Incidental directions

Part 11
Judgment

Subpart 1 —General provisions

11.1 Interpretation

11.2 Types of judgment

11.3 How judgment given

11.4 Time judgment given

11.5 Delivery time of written judgment

11.6 Form of judgment

11.6A General court order

11.7 Duplicate judgments

11.8 Death or incapacity of Judge before judgment

11.9 Recalling judgment

11.10 Correction of accidental slip or omission

Subpart 2 —Sealing and notification

11.11 Judgments to be sealed, dated, and served

11.12 When judgment takes effect

11.13 Steps before judgment sealed

11.14 Registrar’s role on receipt of judgment

Subpart 3 —Judgment if proceeding tried with jury

11.15 Judgment after proceeding tried with jury

11.16 Leave to apply to set aside judgment

11.17 Judgment not in accordance with verdict

11.18 Application for judgment on special verdict or subject to special case

11.19 Application for judgment by both parties

Subpart 4 —Giving effect to judgments

11.20 Conduct of proceedings after judgment

11.21 Applying for dismissal because of inactivity

11.22 Judgment directing sale of property

11.23 Judgment for balance of claim over counterclaim

11.24 Judgment for balance of counterclaim

11.25 Cross judgments

11.26 Judgment if third party defends

11.27 Interest on judgment debt

11.28 Satisfaction of judgment

Part 12
Summary judgment

12.1 Application of summary judgment procedure

12.2 Judgment when there is no defence or when no cause of action can succeed

12.3 Summary judgment on liability

12.4 Interlocutory application for summary judgment

12.5 Service out of New Zealand

12.6 Requirements as to notice of proceeding

12.7 Time for service

12.8 Postponement of hearing

12.9 Notice of opposition and affidavit in answer

12.10 Statement of defence

12.11 Affidavits in reply

12.12 Disposal of application

12.13 Time for filing statement of defence on dismissal of plaintiff’s application

12.14 Setting aside judgment

12.15 Discontinuance

12.16 Application to counterclaims and claims against third parties

Part 13
Summary proceeding for recovery of land

13.1 Interpretation

13.2 Application of Part

13.3 Defendants

13.4 Affidavit in support

13.6 Time for filing statement of defence

13.7 Power of court to make unlawful occupiers defendants

13.8 Judgment for possession

13.9 Possession order

Subpart 1 —Costs generally

14.1 Costs at discretion of court

14.2 Principles applying to determination of costs

14.3 Categorisation of proceedings

14.4 Appropriate daily recovery rates

14.5 Determination of reasonable time

14.6 Increased costs and indemnity costs

14.7 Refusal of, or reduction in, costs

14.8 Costs on interlocutory applications

14.9 Costs may be determined by different Judge or Associate Judge

14.10 Written offers without prejudice except as to costs

14.11 Effect on costs

14.12 Disbursements

14.13 Proceedings within jurisdiction of District Court

14.14 Joint and several liability for costs

14.15 Defendants defending separately

14.16 Claim and counterclaim both established

14.17 Set-off if costs allowed to both parties

Subpart 2 —Taxation of costs between parties

14.18 Appointment to tax costs

14.19 Taxation of disbursements

14.20 No charge allowed for bill of costs

14.21 Registrar sole judge of questions of fact

14.22 Direction to Registrar to ascertain expenses

14.23 Review of taxation

Part 15
Disposal other than by trial

Subpart 1 —Dismissal or stay without trial

15.1 Dismissing or staying all or part of proceeding

15.2 Dismissal for want of prosecution

Subpart 2 —Judgment by default

15.3 Application where appearance

15.4 Affidavits to be filed

15.5 When several causes of action

15.6 When several defendants

15.7 Liquidated demand

15.8 Recovery of land or chattels

15.9 Formal proof for other claims

15.10 Judgment may be set aside or varied

15.11 Overseas service cases

15.12 Other proceedings [Repealed]

15.13 Judgment may be set aside or varied [Repealed]

15.14 Overseas service cases [Repealed]

Subpart 3 —Judgment on admission

15.15 Judgment on admission of facts

15.16 Admission of cause of action

15.17 Admission of defence

Subpart 4 —Discontinuance

15.18 Interpretation

15.19 Right to discontinue proceeding

15.20 Restrictions on right to discontinue proceeding

15.21 Effect of discontinuance

15.22 Court may set discontinuance aside

15.24 Restriction on subsequent proceedings

15.25 Certain remedies not affected

Part 16
Accounts and inquiries

16.1 Interpretation

16.2 Orders for accounts and inquiries

16.3 Directions

16.4 Summary order for accounts

16.5 Mutual accounts

16.6 Account-taker

16.7 Direction as to evidence

16.8 Remuneration of accountant

16.9 Form and verification of account

16.10 Filing and service of account

16.11 Notice of receipt that is not admitted

16.12 Notice of error

16.13 Admission of items

16.14 Appointment and notice for taking accounts

16.15 Parties to attend account hearing

16.16 Adjournment of account hearing

16.17 Power of summary decision

16.18 Examination of accounting party

16.19 Production of documents

16.20 Interest on debts of deceased person

16.21 Interest on legacies

16.22 Accounting and estimates

16.23 Directions for inquiries

16.24 Powers of persons taking accounts or making inquiries

16.25 Duty of persons summoned to attend

16.26 Time for proving claims

16.27 Statement of claim to be filed

16.28 Failure to claim within time

16.29 Result to be certified

16.30 Party may ask for court’s decision

16.31 Certificate when approved to be signed by Judge

16.32 Effect of certificate when filed

16.33 Distribution before all persons entitled are ascertained

16.34 Payment of share carried over to separate trust account

Part 17
Enforcement

Subpart 1 —General provisions

17.1 Interpretation

17.2 Method of enforcing orders

17.3 Method of enforcing judgments

17.4 No excessive recovery

17.5 No enforcement against the Crown

17.6 Enforcement by or against non-parties

17.7 Enforcement against partners or alleged partners

17.8 Issuing enforcement process as of right

17.9 When leave to issue enforcement process necessary

Subpart 2 —Obtaining information from liable party for enforcement purposes

17.10 Notice to liable party to complete financial statement

17.11 Interpretation

17.12 Order for examination

17.13 Service of order for examination

17.14 Examining party’s affidavit

17.15 Procedure for examination

17.16 Adjournment of hearing

17.17 Orders by court

17.18 Failure to comply with order for examination

17.19 Certification of breach of arrest order

17.20 Discharge of arrest order

Subpart 3 —Preparation and issue of enforcement process

17.21 Enforcement process to conform with judgment

17.22 Preparation and issue of enforcement processes

17.23 Date of enforcement process

17.24 Currency and renewal of enforcement processes (except for charging orders)

17.25 Expenses of enforcement

17.26 Concurrent enforcement processes

17.27 Return of enforcement process

17.28 Reissue of enforcement process

17.29 Stay of enforcement

17.30 Enforcement process may be set aside

Subpart 4 —Attachment orders

17.31 Interpretation

17.32 Effect of attachment order

17.33 When attachment order may be issued

17.34 Attachment order to be served on employer

17.35 Priority of attachment order

17.36 Protected earnings amount

17.37 Liability of employer

17.38 Attachment orders in State services

17.39 Variation, suspension, and discharge of attachment orders

Subpart 5 —Charging orders

17.40 Effect of charging order

17.41 Leave to issue charging order

17.42 Issue of charging order without leave after judgment

17.43 Charging order where amount involved small

17.44 Application for relief by persons prejudicially affected

17.45 Claim of third party on property charged

17.46 Apportionment when more than 1 charging order

17.47 Charging order for land final when issued

17.48 Registration of charging order under Land Transfer Act 1952

17.49 Registration of charging order not under Land Transfer Act 1952

17.50 Sale before registration of charging order

17.51 Discharge of land from charging order

17.52 Lapse of charging order after 2 years

17.53 Personal property may be charged

17.54 Interim charging order in first instance

17.55 Effect of interim charging order

17.56 Liability of persons breaching interim charging order

17.57 Money may be paid into court

17.58 Court may order sale of property affected

17.59 Application to make final charging order after judgment

17.60 Execution after charging order made final

17.61 Discharge of person served with order

Subpart 6 —Sale orders and possession orders

17.62 Effect of sale order

17.63 When sale order may be issued

17.64 Execution for less than full amount of judgment

17.65 Recovery of money owing on cheques and other securities

17.66 Discharge of person paying on cheque or other security

17.67 Disposal of proceeds

17.68 Not necessary to seize land

17.69 Moving seized chattels

17.70 Place of sale

17.71 Advertising of notice of sale

17.72 Service of notice of sale on liable party

17.73 Contents of notice of sale

17.74 Method and conditions of sale

17.75 Powers of enforcing officer in relation to sale by auction

17.76 Power of enforcing officer to seize title deeds

17.77 Order of sale of land and chattels

17.78 Power of liable party or mortgagee to give directions concerning sale of land

17.79 Transfers, etc, to purchaser

17.80 Effect of possession order

17.81 When possession order may be issued

17.82 Combined sale and possession order

Subpart 7 —Arrest orders and sequestration orders

17.83 Effect of arrest order

17.84 Power to issue arrest order

17.85 Power to commit to prison for disobedience

17.86 Effect of sequestration order

17.87 Power to issue sequestration order

Subpart 8 —Absconding debtors and imprisonment for debt

17.88 Arrest of absconding debtor

17.89 Process for order to arrest and imprison defendant

17.90 Security by absconding debtor

17.91 Orders about security

17.92 Discharge on payment

Part 18
Applications in equity and under statutes

Subpart 1 —Application

18.1 Types of proceedings

18.2 Limited application of this Part to proceedings under Property (Relationships) Act 1976

18.3 This Part subject to rules under other Acts

18.4 Commencement of proceedings

Subpart 2 —Special provisions concerning pleadings, directions, and affidavits

18.5 Naming of defendants in cases involving deceased estates or trusts

18.6 Persons served by direction of court need not be named as defendant

18.7 Applications for directions as to service

18.8 Orders giving directions as to service

18.9 Proceeding without service

18.10 Time for serving claimant’s affidavit in proceedings under Family Protection Act 1955

18.11 Time for serving affidavit in support of appearance

18.12 Statement of defence to be filed

Subpart 3 —Multiple claims, joinders, and consolidations of claims

18.13 Joining in proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949

18.14 Joinder of claims and consolidation

18.14A Procedure under section 174 of Companies Act 1993

18.14B Service of order made under section 174 of Companies Act 1993

Subpart 4 —Evidentiary requirements

18.15 Evidence generally by agreed statement of facts or affidavit

Part 19
Originating applications

Subpart 1 —Proceedings eligible to be commenced by originating application

19.1 Meaning of originating application

19.2 Applications under certain enactments

19.3 Application of this Part to certain kinds of proceeding

19.4 Certain directions may be sought by originating application

19.5 Court may permit proceeding to be commenced by originating application

19.6 Certain proceedings must be commenced by interlocutory application

Subpart 2 —Procedure for originating applications

19.7 Commencement of proceeding

19.8 Memorandum relating to filing and address for service

19.9 Heading of documents

19.10 Application of rules relating to interlocutory applications

19.11 Directions as to parties and conduct of applications

19.12 Originating applications relating to certain proceedings under Companies Act 1993

19.12A Special provisions for service of applications to remove caveats or set aside statutory demands

Subpart 3 —Evidence in originating applications

19.14 Cross-examination of person making affidavit

Part 20
Appeals

Subpart 1 —Preliminary provisions

20.1 Application of this Part

20.2 Interpretation

Subpart 2 —Application for leave to appeal

20.3 Application for leave to appeal to court

Subpart 3 —Commencement of appeal

20.4 Time for appeal if there is right of appeal

20.5 Commencement of periods in rules 20.3 and 20.4

20.6 When appeal brought

20.7 Power to dispense with service

20.8 Filing notice of appeal

20.9 Contents of notice of appeal

20.10 Stay of proceedings

20.11 Cross-appeal

20.12 Dismissal or stay or abandonment of appeal or cross-appeal

20.13 Security for appeal

Subpart 4 —Matters leading up to hearing

20.14 Order for transcript of evidence

20.15 Report by decision-maker

20.16 Further evidence

Subpart 5 —Conduct of appeal

20.17 Decision-maker entitled to be heard on appeal

20.18 Appeal is rehearing

20.19 Powers of court on appeal

20.20 Repayment of judgment sum and interest

20.21 Registrar to notify result of appeal

Subpart 6 —Appeals to Court of Appeal

20.22 Applications for leave

Part 21
Cases stated

21.1 Application

21.2 Some rules in Part 20 apply

21.3 Interpretation

21.4 Method of commencing appeal or reference

21.5 Time for appeal

21.6 Notice of appeal

21.7 Place for filing notice

21.8 Lodging of draft case stated

21.9 Contents of case

21.10 Order for transcription of evidence

21.11 When case deemed to be stated

21.12 Power to amend case

21.13 Security for costs

21.14 Determination of questions

Part 22
Patents

22.1 Interpretation

Subpart 1 —Scientific advisers

22.2 Appointment

22.3 Nominating scientific adviser and settling questions and instructions

22.5 Cross-examination

22.6 Experiment or test

22.7 Further or supplementary report

22.8 Remuneration

Subpart 2 —Amending specification

22.9 Application of subpart to application under section 39

22.10 Notifying Commissioner

22.11 Advertisement

22.12 Right to be heard

22.13 Time for making application

22.14 Service of notice of interlocutory application

22.15 Duty of court to give directions

22.16 Procedure when amendment allowed

Subpart 3 —Revoking patent

22.17 Application by originating application

22.18 Respondent begins proceeding

Subpart 4 —Objections

22.19 Particulars if validity of patent disputed

22.20 Particulars if want of novelty alleged

22.21 Service of notice on Solicitor-General

22.22 Particulars supplied by plaintiff

22.23 Particulars supplied by defendant

22.24 Evidence restricted to particulars delivered

22.25 Amendment of particulars

Subpart 5 —Appeals

22.26 Application of Part 20

22.27 Method and time of bringing appeal

22.28 Contents of notice of appeal

22.29 Grounds of appeal

22.30 Service of notice of appeal

22.31 Commissioner to transmit papers

22.32 Contentions raised by respondent

22.33 Respondent’s notice

22.34 Appeal by way of rehearing

22.35 Proceeding heard and determined in public

22.36 Documentary evidence

22.37 Cross-examination of witnesses

Subpart 6 —Costs

Part 23
Enforcement between jurisdictions

Subpart 1 —Enforcement under Reciprocal Enforcement of Judgments Act 1934

23.1 Scope and interpretation

23.2 Application of other Parts

23.3 Subpart subject to Orders in Council

23.4 Method of application for registration

23.5 Title and content of application

23.6 Place of filing

23.7 Supporting affidavits

23.8 Copy judgment and translation

23.9 Judicial notice of authentication of judgment

23.10 Evidence of exchange rates and interest

23.11 Evidence of right to registration

23.12 Further evidence

23.13 Registration of part of judgment

23.14 Security for costs

23.15 Order for registration

23.16 Method of registration

23.17 Date of registration

23.18 Notice of registration

23.19 Contents of notice of registration

23.20 Application to set aside registration

23.21 Determination of certain questions

23.22 Enforcement of judgments

23.23 Form of enforcement process

Subpart 2 —Certified copy procedure

23.24 Method of application

23.25 Issue of certified copy

Subpart 3 —Enforcement of certain judgments and orders of Federal Court of Australia

23.26 Interpretation

23.28 Application of other Parts

23.29 Method of application

23.30 Title of proceeding

23.31 Place of filing

23.32 Evidence of exchange rates and interest

23.33 Method of registration

23.34 Notice of registration

23.35 Contents of notice of registration

23.36 Service of copy of judgment, order, or injunction

23.37 Copy of judgment, order, or injunction to be filed if facsimile produced

23.38 Application to set aside registration or for stay of enforcement

Part 24
Insolvency

Subpart 1 —Scope

24.1 Interpretation

24.2 Application of Part

24.3 Application of general rules and practice of court

Subpart 2 —Proceedings generally

24.5 General requirements of documents filed in court

24.6 Advertising of notices or proceedings

24.7 Discretion of court as to method of taking evidence

Subpart 3 —Bankruptcy notices

24.8 Issue of bankruptcy notice

24.9 Service of bankruptcy notice in New Zealand

24.10 Setting aside bankruptcy notice

Subpart 4 —Adjudication proceedings

24.11 Application for adjudication by creditor

24.12 Verification of creditor’s application

24.13 Where application for adjudication to be filed

24.14 Registrar to fix hearing date for creditor’s application

24.15 Court may alter hearing date for creditor’s application

24.16 Service of creditor’s application on debtor

24.17 Service of creditor’s application on trustee or supervisor

24.18 Debtor’s notice of intention to oppose adjudication

24.19 Affidavit evidence of applicant creditor

24.20 Applicant creditor’s solicitor’s certificate as to unpaid debt

24.21 Death of debtor against whom application filed

Subpart 5 —Appointment of Official Assignee

24.22 Applicant to deposit sum for Official Assignee’s expenses

24.23 Official Assignee may seek additional sum where original deposit insufficient

24.24 Notification of order appointing Official Assignee as receiver and manager

24.25 Repayment of deposits after order of adjudication

24.26 Dismissal of application after order appointing Official Assignee as manager and receiver

Subpart 6 —Contributions from bankrupt

24.27 Application for order under section 147

24.28 Official Assignee’s report

24.29 Official Assignee to notify employer, etc, about proposed assignment or charge

24.30 Official Assignee to serve order of assignment, etc

Subpart 7 —Compositions during bankruptcy

24.31 Application for order approving composition

24.32 Notice to Official Assignee of application to approve composition

24.33 Notice of application to approve composition

24.34 Official Assignee to account when composition approved

Subpart 8 —Irregular transactions

24.35 Applications by Official Assignee for cancellation of irregular transactions or retransfer of property or payment of value

Subpart 9 —Discharge of bankrupt

24.36 Filing and service of objection to discharge

24.37 Service, etc, of notice of application for discharge

24.38 Report of Official Assignee

24.39 Opposition by creditor to discharge

24.40 Conditions affecting salary, etc, after order of discharge

24.41 Annulment of adjudication to be advertised

Subpart 10 —Proposals

24.42 Proposal and statement of affairs and affidavit

24.43 Trustee’s report on proposal

Subpart 11 —Insolvent deceased estates

24.44 Application for order to administer under Part 6 of Act

24.45 Application by creditor or beneficiary

24.46 Duty of Registrar when order made

24.47 Duty of administrator when order made

24.48 Person who has intermeddled in estate may be ordered to give particulars

24.49 Administration election

Subpart 12 —Appeals

24.50 Applications to vary or discharge order or decision of Registrar or District Court Judge

24.51 Appeals to Court of Appeal

Subpart 13 —Official Assignee

24.52 Applications to court by Official Assignee

24.53 Official Assignee’s liability for costs

Subpart 14 —District Court filings

24.54 Filing decisions of District Court

Subpart 15 —Cross-border proceedings

24.55 Interpretation

24.56 Applications for recognition of foreign proceedings

24.57 Other procedural requirements

24.58 Relief after recognition

24.59 Modification or termination

Subpart 16 —Voluntary administration

24.60 Appointment of administrator under section 239L of Companies Act 1993

24.61 Applications in course of administration

24.62 Proper registry of court

Part 25
Admiralty

Subpart 1 —Preliminary provisions

25.1 Interpretation

25.2 Scope of this Part

25.3 Application of other rules and practice of court

25.4 Parties can apply for directions if procedure not prescribed

25.5 Form of application

Subpart 2 —Starting proceedings in admiralty

25.6 Action in personam or in rem, or both, started by notice of proceeding

25.7 Notice of proceeding for action in personam

25.8 Notice of proceeding for action in rem

25.9 Notice of proceeding for action both in rem and in personam

25.10 How to serve notice of proceeding in action in rem on ship, cargo, or other property

25.11 Other provisions about service in action in rem

25.12 Defendant must enter appearance

25.13 Content of memorandum

25.14 Time limits for entering appearance

25.15 Provisions about filing

25.16 Service of memorandum

25.17 Defendant may apply for orders

25.18 Solicitor’s undertaking

25.19 Substituted defendants, third parties, and interveners

25.20 Statement of claim

25.21 Statement of defence

Subpart 3 —Procedure in collision cases

25.22 Meaning of preliminary act

25.23 Preliminary acts to be filed in collision cases

25.24 Proceedings against party in default where other party fails to lodge preliminary act

Subpart 4 —Limitation of liability under Part 7 of Maritime Transport Act 1994

25.25 Actions for limitation of liability

25.26 Plaintiff must apply to court within 5 working days

25.27 Protection against other parties

25.28 Order limiting plaintiff’s liability

Subpart 5 —Judgment by default

25.29 Who may seek judgment by default in action in personam

25.30 Default in filing and service of statement of claim

25.31 Third parties

25.32 Application for judgment by default in action in rem

25.33 Judgment by default in action in rem

Subpart 6 —Arrest, release, and sale of property

Arrest of property

25.34 Application for warrant of arrest of property

25.35 Issue of warrant of arrest

25.36 Service of warrant

25.37 Currency of warrant

25.38 Notice of arrest of property

25.39 No Crown indemnity required

25.40 Contempt to move ship under arrest

25.41 Application for directions concerning property under arrest

25.42 Request for caveat against arrest of property

25.43 Entry of caveat

25.44 Request for instrument of release

25.45 Issue of release

25.46 Caveat against release and payment

25.47 Discharge of cargo under arrest from ships not under arrest and of cargo not under arrest

25.49 Payment out of court

25.50 Interveners

25.51 Appraisement and sale of property

25.52 Determination of priority of claims where court orders sale of ship

Subpart 7 —Miscellaneous provisions

25.53 Inspection of ship, etc

25.54 Consent orders

25.55 Registrar may seek court’s assistance

25.56 Parties may seek review of Registrar’s decision

Part 26
Arbitration Act 1996

Subpart 1 —Preliminary provisions

26.1 Interpretation

26.2 Application

Subpart 2 —Appeals under clause 5(1)(a) or (b) of Schedule 2

26.3 Originating application to commence appeal

26.4 Affidavit to be filed in support

26.6 Amending appeal grounds

26.7 Notice of opposition to application

26.8 Cross-appeal

26.9 Record of arbitration

26.10 Service and filing of record

26.11 Transcript of evidence

26.12 Service and filing of transcript

26.13 Hearing of appeal

26.14 Leave to appeal to Court of Appeal

Subpart 3 —Leave to appeal under clause 5(1)(c) of Schedule 2

26.15 Applications for leave to appeal

26.16 Submissions

26.17 Granting leave

26.18 Refusing leave

26.19 Applying to Court of Appeal for leave to appeal

Subpart 4 —Entry of award as judgment under article 35 of Schedule 1

26.20 Entry of judgment if all parties agree

26.21 Entry of judgment in other cases

26.22 Application for entry of award as judgment

26.23 Affidavit to be filed in support

26.25 Entry as judgment without notice in exceptional circumstances

26.26 Entry as judgment if defendant takes no steps

26.27 Opposition to entry as judgment

Part 27
Administration (including probate)

Subpart 1 —General

27.1 Wills and intestacies to which this Part applies

27.2 Interpretation

Subpart 2 —Applications for administration

27.3 Kinds of applications for grants

27.4 Applications without notice

27.5 Restrictions if possibly invalid will exists

Applications in solemn form

27.6 Applications in solemn form

27.7 Respondents and additional parties

27.8 Compromises

27.10 Where application is filed

27.11 Where caveat is lodged

27.12 Evidence of death

27.13 Sale of perishable property

27.14 Registrars may make some orders

27.15 Application of rules 27.16 to 27.28

27.16 Evidence as to execution

27.17 Evidence of validity

27.18 Doubt as to will-maker’s understanding

27.19 Doubt as to originality of signature

27.20 Doubt as to date

27.22 Revocations or revivals by other document

27.23 Revocation

27.24 Duplicate wills

Subpart 3 —Administration with will annexed

27.25 Circumstances in which grant may be made

27.26 Priority of potential administrators for purposes of rule 27.25

27.27 Proving entitlement to grant

27.28 Grant while executor is minor

Subpart 4 —Grants

27.29 Time for making grant

27.30 Grants to attorneys

27.31 Common or solemn form

Subpart 5 —Inventories and accounts

27.32 Inventory and account filed by administrator

Subpart 6 —Overseas assets

27.33 Administration of overseas assets

Subpart 7 —Recall of grant

27.34 Recall of grant

Subpart 8 —Priorities on intestacy

27.35 Order of priority for grant in case of intestacy

27.36 Justification of entitlement to grant

Subpart 9 —Commission

27.37 Form of application for commission

27.38 Affidavit in support

27.39 Documents to be filed and verified

27.40 Power to adopt previous accounts

27.41 Power to refer matter to Registrar for inquiry

27.42 Notice of inquiry by Registrar

27.43 Evidence before Registrar

27.45 Power to dispense with rules

Part 28
Trans-Tasman competition proceedings

28.1 Interpretation

28.2 Commencement of New Zealand proceedings

28.3 Registry of court in which proceedings to be commenced

28.4 Issue of subpoenas for service in Australia

28.5 Service of subpoena

28.6 Subpoenas for production

28.7 Setting aside subpoena issued in New Zealand proceeding

28.8 Failure to comply with subpoena in New Zealand proceeding

28.9 Payment of additional amounts to persons complying with subpoena in New Zealand proceeding

28.10 Transmission of documents to Federal Court

28.11 Certification of judgments, orders, and injunctions in New Zealand proceedings

28.12 Evidence and submissions by video link and telephone conference

Part 29
Commercial list

29.1 Interpretation

29.2 Application of this Part

29.3 Entry on commercial list by endorsement

29.4 Entry on commercial list by order

29.5 Entry on commercial list of appeals against determinations of Commerce Commission

29.6 Entry on commercial list of applications for directions by liquidators or receivers

29.7 Documents to be served on and filed and served by defendant

29.8 Heading of documents

29.9 Interlocutory applications

29.10 Application for directions

29.11 Response to application for directions

29.12 Hearing of application for directions

29.13 Removal from list

29.14 Proceedings in other registries

29.15 Memorandum that decision will be final

29.16 Additional powers of commercial list Judge

29.17 Disputes concerning construction

29.18 Form of documents

Part 30
Judicial review

30.1 Crown Proceedings Act 1950 not affected

30.2 Interpretation

30.4 Interim orders

Part 31
Companies: Liquidation

31.1 Application

31.2 Hearing of applications

31.3 Applications to be made by statement of claim

31.4 Proper registry of court

31.5 Notice of proceeding and verifying affidavit

31.6 Date of hearing

31.7 Exclusion of rules relating to setting down [Repealed]

31.8 Directions [Repealed]

31.9 Advertisement of application

31.10 Restriction on advertising of proceeding

31.11 Power to stay liquidation proceedings

31.12 Service of proceeding

31.13 Affidavit of service

31.14 Evidence of advertising

31.15 Entitlement to copy of statement of claim, etc

31.16 Statement of defence

31.17 Time for filing statement of defence

31.18 Appearance

31.19 Time for filing appearance

31.20 Effect of failure to file statement of defence or appearance

31.21 Evidence as to unpaid debts

31.22 Interlocutory applications

31.23 Power to appoint interim liquidator

31.24 Additional and substituted plaintiffs in liquidation proceeding

31.25 Consolidation of proceedings

31.26 Discontinuance of proceeding

31.27 Requirements in relation to order appointing interim liquidator

31.28 Costs, charges, and expenses of interim liquidator and Official Assignee

Order to put company into liquidation

31.29 Obligation to send notice of order appointing liquidator or interim liquidator of company

31.30 Order and copies to be sealed

31.31 Contents of order putting company into liquidation

31.32 Transmission of order putting company into liquidation

31.33 Service of order made under section 174 of Companies Act 1993 [Repealed]

31.34 Service of notice to officer executing process that company being put into liquidation

31.35 Procedure in respect of miscellaneous applications

31.36 Applications involving allegations of fraud, negligence, misfeasance, or similar behaviour

31.37 Liquidator’s notice to set aside voidable transaction or voidable charge

31.38 Proper registry of court

31.39 Transitional provision for companies registered under the Companies Act 1955

Part 32
Freezing orders

32.1 Interpretation

32.2 Freezing order

32.3 Ancillary order

32.4 Respondent need not be party to proceeding

32.5 Order against judgment debtor or prospective judgment debtor or third party

32.6 Form and further terms of freezing order

32.7 Duration of freezing order

32.8 Discharge or variation of freezing order

32.9 Jurisdiction

Part 33
Search orders

33.1 Interpretation

33.2 Search order

33.3 Requirements for grant of search order

33.4 Restriction on entrants

33.5 Applicant’s undertaking and duty

33.6 Terms of search order

33.7 Independent solicitors

33.8 Review of search

Schedule 1
Forms

Schedule 2
Appropriate daily recovery rates

Schedule 3
Time allocations

Schedule 4
Code of conduct for expert witnesses

Schedule 5
Matters for consideration at case management conference

Schedule 6
Standard directions for appeals

Schedule 7
Standard directions for appeals by way of case stated and references under Part 21

Schedule 8
Matters for consideration at pre-trial conference for proceedings on standard track

[Repealed]

Schedule 9
Discovery checklist and the listing and exchange protocol