Schedule 2 High Court Rules

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


1.5Non-compliance with rules
1.6Cases not provided for
1.7Oral applications for relief
1.8Consent instead of leave of court
1.9Amendment of defects and errors
1.11Speaking in Māori
1.12Translation of documents into te reo Māori
1.13Failure to give notice
1.14Translation may be ordered by court
1.15Affidavit in language other than English
1.16Sign language
1.17Calculating periods of time
1.18When time expires when court registry is closed
1.19Extending and shortening time
1.20Lawyers’ duties
1.21Variation of forms
1.22Communication with foreign court
2.1Jurisdiction and powers
2.2Interim order on transfer of proceeding
2.3Review of decision
2.4Appeal to Court of Appeal
2.5Registrars’ jurisdiction and powers relating to interlocutory applications
2.6Additional jurisdiction for certain Registrars
2.7Limits on jurisdiction
2.8Powers ancillary to jurisdiction
2.9Jurisdiction in other registries
2.10Form of order
2.11Review of Registrar’s decision
3.1Registry hours
3.2Court holidays
3.3Sitting on court holidays
3.4Epidemics and emergencies
3.7General right of access to formal court record and certain applications under Administration Act 1969
3.8Right of parties to access court file or documents
3.9Access to documents during substantive hearing stage
3.10Meaning of relevant deadline in rule 3.9
3.11Access to court files, documents, and formal court record in other cases
3.12Restrictions on access
3.13Applications for permission to access documents, court file, or formal court record other than at hearing stage
3.14Decisions on applications under rule 3.13
3.15Review of decisions by Registrar
3.16Matters to be taken into account
3.17Application for order
3.18Powers of court in relation to application
3.19Disposal of securities and income
4.1Limit on parties
4.4Third parties
4.5Fourth parties
4.6Subsequent parties
4.7Status of third, fourth, and subsequent parties
4.8Court’s power and discretion
4.9Application of third party notice rules to fourth and subsequent party notices
4.10Requirements of third party notice
4.11Filing of third party notice
4.12Service on third party
4.13Service on plaintiff
4.14Filing and service of statement of defence
4.15Service of application for leave
4.16Setting aside third party notice
4.17Default in filing statement of defence
4.18Right to give notice
4.19Statement of claim to be filed and served
4.20Statement of defence
4.21Form of notice
4.22Effect of omission to give notice
4.23Trustees, executors, and administrators
4.24Persons having same interest
4.26Person trading as firm
4.27Representation by other persons
4.29Incapacitated person, litigation guardian, and minor defined
4.30Incapacitated person must be represented by litigation guardian
4.31Minor must be represented by litigation guardian
4.32Minor may apply to conduct proceeding without litigation guardian
4.33Application of rules 4.34 to 4.46 to minors
4.34Court may set aside step in proceeding
4.35Appointment of litigation guardian
4.36Application to be served on person for whom litigation guardian is to be appointed
4.37Notification of appointment
4.38Powers of litigation guardian
4.39Heading on documents when incapacitated person is represented
4.40Service of documents
4.41Representation to be disregarded in making award of costs
4.42Award of costs enforceable against incapacitated person or litigation guardian
4.43Liability of former litigation guardian for costs subsequently awarded against incapacitated person
4.44Compliance with liability order
4.45Litigation guardian may be reimbursed for costs out of property of incapacitated person
4.46Retirement, removal, or death of litigation guardian
4.47Procedure when person ceases to be incapacitated person
4.48Procedure when minor attains full age
4.49Proceeding not to come to end
4.50Procedure on death, bankruptcy, and devolution
4.51Devolution when proceeding pending
4.52New parties order
4.53Discharge or variation of new parties order
4.54Change of name
4.55Parties wrongly joined
4.56Striking out and adding parties
4.58Right to interplead
4.59Form of application
4.60Affidavit in support
4.61Time for applying
4.62Claimants to file affidavits
4.63Powers of court
4.64Costs of applicant
5.1Identification of proper registry
5.2Non-complying documents
5.4Contents to be typed, etc
5.6Signature to be original
5.7Cover sheet, numbering, and fastening of document
5.8Description of document
5.9Heading generally
5.10Format of cover sheet
5.11Heading on statement of claim and counterclaim
5.12Heading on judgment and certain orders
5.13Heading on other documents
5.14Division into paragraphs
5.16Information at foot of cover sheet
5.17Distinct matters to be stated separately
5.18Denial of representative character
5.19Denial of contract
5.20Effect of document to be stated
5.21Notice requiring further particulars or more explicit pleading
5.22Notice of proceeding to be filed with statement of claim
5.23Requirements as to notice of proceeding
5.24When not necessary to file notice of proceeding
5.25Proceeding commenced by filing statement of claim
5.26Statement of claim to show nature of claim
5.27Statement of claim to specify relief sought
5.28Inclusion of several causes of action
5.29Joint plaintiffs
5.30Joining claims by or against spouses or partners
5.31Specifying relief sought
5.32Amount of money claim
5.33Special damages
5.35Representative capacity of party
5.36Authority to file documents
5.36AAuthority of certain Australian solicitors in certain trans-Tasman proceedings
5.37Solicitor’s warranty as to authorisation to file documents
5.38Solicitor on record
5.39Authority to sign documents
5.40Change of representation or address for service
5.41Withdrawal of solicitor who has ceased to act for party
5.42Address for service of party whose solicitor has ceased to act
5.43Solicitors to inform clients of orders or directions
5.44Memorandum at end of first document filed by party
5.45Order for security of costs
5.46Solicitor not to be surety
5.47Filing and service of statement of defence
5.48Requirements of statement of defence
5.49Appearance and objection to jurisdiction
5.50Appearance for ancillary purposes
5.51Appearance reserving rights
5.53Counterclaim against plaintiff only
5.54Heading of counterclaim
5.55Filing and service
5.56Defence to counterclaim
5.57Counterclaim against plaintiff and another person
5.58Place of trial of counterclaim
5.59Status of counterclaim if proceeding stayed
5.60Counterclaim by counterclaim defendant
5.61Restriction when the Crown involved
5.62Duty to file and serve reply
5.63Contents of reply
5.64Application of rules
5.65Documents to be filed in proper registry
5.66On filing treated as proceeding
5.67Title of documents
5.68Time for filing statement of defence
5.69Transfer under section 45 of District Courts Act 1947
5.70Service generally
5.71Personal service required
5.72Prompt service required
5.73Extension of time for service
5.73ANotice of service to Registrar
6.1Methods of service
6.2Service of copies
6.4Personal service on spouses or partners
6.5Service at address for service
6.6Service by means of post office box, document exchange, fax, or email
6.7Service under agreement
6.8Substituted service
6.9Notices to be given by Registrar
6.10Proof of service
6.11Personal service
6.12Personal service on New Zealand corporations
6.13Personal service in New Zealand on foreign corporations
6.13APersonal service on Australian corporations, partnerships, and attorneys
6.13BPersonal service in Australia on foreign corporations
6.14Personal service on unincorporated societies
6.15Personal service on partnership or apparent partnership
6.16Personal service on attorney or agent of absentee
6.17Service on representatives
6.18Service on solicitor
6.19Service of statement of claim on certain days void
6.20Failure to give address for service
6.21Service of foreign process
6.22Sheriff to effect service
6.23Method of service
6.24Return as to service
6.26Sealing and transmission of certificate
6.27When allowed without leave
6.28When allowed with leave
6.29Court’s discretion whether to assume jurisdiction
6.30Service of other documents outside New Zealand
6.31Notice to defendant served outside New Zealand
6.32Service outside New Zealand
6.33Service through official channels
6.34Service in convention countries
6.35Time for filing defence
6.36Subpart does not apply to service in Australia of documents for or in certain trans-Tasman proceedings
7.1AAOutline of case management procedures for different types of proceedings
7.1Proceedings subject of case management
7.2Case management conferences generally
7.3First case management conferences
7.4Further case management conferences
7.5Issues conferences
7.6Allocation of key dates
7.7Steps after close of pleadings date restricted
7.8Pre-trial conferences
7.9Cancellation of conference
7.10Limitation of right of appeal
7.11Timetable and monitoring obligations
7.12Lists of proceedings
7.13Registrar’s functions in relation to hearing dates
7.14Case management conferences for appeals
7.15Directions for conduct of appeal
7.16Jury notice
7.17Case management conferences for proceedings under Part 30
7.18No steps after setting down date without leave [Repealed]
7.19Contents, form, and filing of interlocutory application
7.20Affidavit to be filed with application
7.21Filing by post
7.22Service of application and supporting affidavit
7.23Application without notice
7.24Notice of opposition to application
7.25Affidavit to be filed with notice of opposition
7.26Affidavit in reply
7.27Evidence normally given by affidavit
7.28Cross-examination of maker of affidavit
7.29Rules governing affidavits
7.30Statements of belief in affidavits
7.31When admissions binding
7.32Previous affidavits and agreed statements of fact
7.33Allocation of hearing date
7.34Mode of hearing
7.35Publication about hearing in chambers
7.36Application for summary judgment to be heard in open court
7.37No hearing required if respondents consent or do not oppose
7.38Respondent who consents, or who does not oppose, need not attend hearing
7.39Synopsis of argument
7.40Failure to attend
7.41Certain applications may be made orally at hearing
7.43Making of interlocutory orders
7.43ADirections as to conduct of proceedings
7.44Power to grant interlocutory order or interlocutory relief
7.45Interlocutory orders may be made subject to conditions
7.46Determination of application without notice
7.47Drawing up and sealing interlocutory order
7.48Enforcement of interlocutory order
7.49Order may be varied or rescinded if shown to be wrong
7.50Order relating to management of proceeding may be varied if circumstances change
7.51Order may be rescinded if fraudulently or improperly obtained
7.52Limitation as to second interlocutory application
7.53Application for injunction
7.54Undertaking as to damages
7.55Preservation of property
7.56Sale of perishable property before hearing
7.57Order to transfer part of property to person with interest in property
7.58Interim payment of income to person with interest in income
7.60Address for service
7.61Receiver must give security
7.62Remuneration of receiver
7.63Accounts of receiver
7.64Examination of accounts
7.65Default by receiver
7.66Powers of receiver
7.67Accounts on death of receiver
7.69Application for interim payment
7.70Order for interim payment in respect of damages
7.71Order for interim payment in respect of sums other than damages
7.72Method of payment
7.73Directions on interim payment application
7.74Non-disclosure of interim payment
7.75Adjustment on final judgment or order or on discontinuance
7.76Counterclaims and other proceedings
7.77Filing of amended pleading
7.78Recovery of specific property subject to lien or other security
7.79Court may assist in negotiating for settlement
7.80Arbitration by consent
7.81Interim relief in support of overseas proceedings
8.3Preservation of documents
8.4Initial disclosure
8.5Discovery orders to be made at case management conferences
8.6Two kinds of discovery
8.7Standard discovery
8.8Tailored discovery
8.9Presumption as to tailored discovery
8.10Obligation of party ordered to make tailored discovery
8.11Preparation for first case management conference
8.12Orders that may be made
8.13Solicitor’s discovery obligations
8.14Extent of search
8.15Affidavit of documents
8.16Schedule appended to affidavit of documents
8.17Variation of discovery order
8.18Continuing obligations
8.19Order for particular discovery against party after proceeding commenced
8.20Order for particular discovery before proceeding commenced
8.21Order for particular discovery against non-party after proceeding commenced
8.22Costs of discovery
8.23Incorrect affidavit of documents to be amended
8.24Who may swear affidavit of documents
8.25Challenge to privilege or confidentiality claim
8.26Crown documents and public interest
8.27Inspection of documents
8.28Privilege and confidentiality
8.29Order facilitating inspection
8.30Use of documents
8.31Effect of failure to include document
8.32Notice to produce documents or things
8.33Contempt of court
8.34Interrogatories by notice
8.35Duties of party served
8.36Limitation of interrogatories by notice
8.37Multiple parties
8.38Order to answer
8.39Contents of statement
8.40Objection to answer
8.41Who may swear affidavit verifying statement in answer to interrogatories
8.42Insufficient answer
8.43Incorrect answer to be amended
8.44Answers as evidence
8.45Public interest
8.46Defamation proceedings
8.47Notice to admit facts
8.48Judgment on admission of facts
9.1Objective and scope
9.2Exchange of documents and index
9.4Preparation of common bundle
9.5Consequences of incorporating document in common bundle
9.6Consequence of not incorporating document in common bundle
9.7Requirements in relation to briefs
9.8Supplementary briefs
9.9Exchange of chronology of facts intended to be relied upon at trial or hearing
9.10Oral evidence directions
9.11Compliance with Evidence Act 2006
9.12Evidence-in-chief at trial
9.13Briefs not given in evidence
9.14Privilege and admissibility not affected by briefs
9.15Cross-examination duties
9.16Plaintiff’s synopsis of opening
9.17Order for examination of witness or for letters of request
9.18Security for costs for taking evidence outside New Zealand
9.19Documents for examiner
9.20Procedure for examination before examiner
9.21Examination of additional persons
9.22Objection to question
9.23Form of report
9.24Depositions as evidence
9.25Letters of request where convention exists
9.26Issue of letters of request
9.27Agents of parties
9.28Consequences of non-compliance with undertaking as to expenses
9.29Application by Solicitor-General on letters of request from abroad
9.30Order for medical examination
9.32Service of report
9.33Evidence of medical practitioner when medical examination ordered
9.34Order for inspection, etc
9.35Notice of application
9.36Appointment of court expert
9.37Submission of question to court expert
9.38Report of court expert
9.39Experiments and tests
9.40Cross-examination of court expert
9.41Remuneration of court expert
9.42Calling of expert witnesses
9.43Expert witness to comply with code of conduct
9.44Court may direct conference of expert witnesses
9.45Status of joint witness statement by expert witnesses
9.46Evidence of expert witnesses at trial
9.47Right to preserve evidence
9.48Procedures in which the Crown may have interest
9.49Examination of witness
9.50Subsequent admissibility
9.51Evidence to be given orally
9.52Issue of subpoenas
9.53Service of subpoena
9.54Evidence of person in custody
9.55Affidavit evidence by agreement
9.56Affidavit evidence under order of court
9.57Agreed statement of facts
9.59Issue of subpoenas by High Court for service in Australia
9.60Leave to serve New Zealand subpoena on witness in Australia
9.61Service of subpoena on witness in Australia
9.62Application to set aside New Zealand subpoena
9.63Service of documents on applicant
9.64Hearing of application
9.65Failure to comply with subpoena
9.66Transmission of documents or things to Australian Court
9.67Evidence and submissions by remote appearance medium from Australia
9.68Application of rules 9.69 to 9.74
9.69Time for filing plaintiff’s affidavits
9.70Time for filing defendant’s affidavits
9.71Time for filing affidavits in reply
9.72Use of affidavits
9.73Swearing of affidavits
9.74Cross-examination of person who has sworn affidavit
9.75Person refusing to make affidavit
9.76Form and contents of affidavits
9.77Exhibits to affidavits
9.78Interlineation, alteration, or erasure in affidavit
9.79Irregularity in form of affidavit
9.80Service copies of affidavits
9.81Affidavit may be sworn on Sunday
9.82Affidavits made on behalf of corporation
9.83Affidavit by 2 or more persons
9.84Affidavit by blind or illiterate person
9.85Authority to take affidavits in New Zealand
9.86Authority to take affidavits in places outside New Zealand
9.87Meaning of authenticated deposition
9.88Admissibility of authenticated deposition
9.89Application of other rules
10.1Venue and changing it
10.2Adjournment of trial
10.3Method of trial
10.4Court may order separate trials
10.5Existence or accuracy of record
10.6When neither party appears
10.7When only plaintiff appears
10.8When only defendant appears
10.9Judgment following non-appearance may be set aside
10.10When both parties appear
10.11When proceeding tried with jury
10.12When order may be made
10.13Application of rule 10.12
10.14Definition of question
10.15Orders for decision
10.16Removal into Court of Appeal
10.17Agreed result
10.18Record, etc, of decision
10.19Disposal of proceeding if proceeding substantially affected by decision of question
10.20Form and contents of case
10.21Insufficient case or disputed facts or documents
10.22Counsel assisting
10.24Judge may preside at hearing of certain matters by video link
10.25Requirements for hearing by video link
10.26Incidental directions
11.2Types of judgment
11.3How judgment given
11.4Time judgment given
11.5Delivery time of written judgment
11.6Form of judgment
11.6AGeneral court order
11.7Duplicate judgments
11.8Death or incapacity of Judge before judgment
11.9Recalling judgment
11.10Correction of accidental slip or omission
11.11Judgments to be sealed, dated, and served
11.12When judgment takes effect
11.13Steps before judgment sealed
11.14Registrar’s role on receipt of judgment
11.15Judgment after proceeding tried with jury
11.16Leave to apply to set aside judgment
11.17Judgment not in accordance with verdict
11.18Application for judgment on special verdict or subject to special case
11.19Application for judgment by both parties
11.20Conduct of proceedings after judgment
11.21Applying for dismissal because of inactivity
11.22Judgment directing sale of property
11.23Judgment for balance of claim over counterclaim
11.24Judgment for balance of counterclaim
11.25Cross judgments
11.26Judgment if third party defends
11.27Interest on judgment debt
11.28Satisfaction of judgment
12.1Application of summary judgment procedure
12.2Judgment when there is no defence or when no cause of action can succeed
12.3Summary judgment on liability
12.4Interlocutory application for summary judgment
12.5Service out of New Zealand
12.6Requirements as to notice of proceeding
12.7Time for service
12.8Postponement of hearing
12.9Notice of opposition and affidavit in answer
12.10Statement of defence
12.11Affidavits in reply
12.12Disposal of application
12.13Time for filing statement of defence on dismissal of plaintiff’s application
12.14Setting aside judgment
12.16Application to counterclaims and claims against third parties
13.2Application of Part
13.4Affidavit in support
13.6Time for filing statement of defence
13.7Power of court to make unlawful occupiers defendants
13.8Judgment for possession
13.9Possession order
14.1Costs at discretion of court
14.2Principles applying to determination of costs
14.3Categorisation of proceedings
14.4Appropriate daily recovery rates
14.5Determination of reasonable time
14.6Increased costs and indemnity costs
14.7Refusal of, or reduction in, costs
14.8Costs on interlocutory applications
14.9Costs may be determined by different Judge or Associate Judge
14.10Written offers without prejudice except as to costs
14.11Effect on costs
14.13Proceedings within jurisdiction of District Court
14.14Joint and several liability for costs
14.15Defendants defending separately
14.16Claim and counterclaim both established
14.17Set-off if costs allowed to both parties
14.18Appointment to tax costs
14.19Taxation of disbursements
14.20No charge allowed for bill of costs
14.21Registrar sole judge of questions of fact
14.22Direction to Registrar to ascertain expenses
14.23Review of taxation
15.1Dismissing or staying all or part of proceeding
15.2Dismissal for want of prosecution
15.3Application where appearance
15.4Affidavits to be filed
15.5When several causes of action
15.6When several defendants
15.7Liquidated demand
15.8Recovery of land or chattels
15.9Formal proof for other claims
15.10Judgment may be set aside or varied
15.11Overseas service cases
15.12Other proceedings [Repealed]
15.13Judgment may be set aside or varied [Repealed]
15.14Overseas service cases [Repealed]
15.15Judgment on admission of facts
15.16Admission of cause of action
15.17Admission of defence
15.19Right to discontinue proceeding
15.20Restrictions on right to discontinue proceeding
15.21Effect of discontinuance
15.22Court may set discontinuance aside
15.24Restriction on subsequent proceedings
15.25Certain remedies not affected
16.2Orders for accounts and inquiries
16.4Summary order for accounts
16.5Mutual accounts
16.7Direction as to evidence
16.8Remuneration of accountant
16.9Form and verification of account
16.10Filing and service of account
16.11Notice of receipt that is not admitted
16.12Notice of error
16.13Admission of items
16.14Appointment and notice for taking accounts
16.15Parties to attend account hearing
16.16Adjournment of account hearing
16.17Power of summary decision
16.18Examination of accounting party
16.19Production of documents
16.20Interest on debts of deceased person
16.21Interest on legacies
16.22Accounting and estimates
16.23Directions for inquiries
16.24Powers of persons taking accounts or making inquiries
16.25Duty of persons summoned to attend
16.26Time for proving claims
16.27Statement of claim to be filed
16.28Failure to claim within time
16.29Result to be certified
16.30Party may ask for court’s decision
16.31Certificate when approved to be signed by Judge
16.32Effect of certificate when filed
16.33Distribution before all persons entitled are ascertained
16.34Payment of share carried over to separate trust account
17.2Method of enforcing orders
17.3Method of enforcing judgments
17.4No excessive recovery
17.5No enforcement against the Crown
17.6Enforcement by or against non-parties
17.7Enforcement against partners or alleged partners
17.8Issuing enforcement process as of right
17.9When leave to issue enforcement process necessary
17.10Notice to liable party to complete financial statement
17.12Order for examination
17.13Service of order for examination
17.14Examining party’s affidavit
17.15Procedure for examination
17.16Adjournment of hearing
17.17Orders by court
17.18Failure to comply with order for examination
17.19Certification of breach of arrest order
17.20Discharge of arrest order
17.21Enforcement process to conform with judgment
17.22Preparation and issue of enforcement processes
17.23Date of enforcement process
17.24Currency and renewal of enforcement processes (except for charging orders)
17.25Expenses of enforcement
17.26Concurrent enforcement processes
17.27Return of enforcement process
17.28Reissue of enforcement process
17.29Stay of enforcement
17.30Enforcement process may be set aside
17.32Effect of attachment order
17.33When attachment order may be issued
17.34Attachment order to be served on employer
17.35Priority of attachment order
17.36Protected earnings amount
17.37Liability of employer
17.38Attachment orders in State services
17.39Variation, suspension, and discharge of attachment orders
17.40Effect of charging order
17.41Leave to issue charging order
17.42Issue of charging order without leave after judgment
17.43Charging order where amount involved small
17.44Application for relief by persons prejudicially affected
17.45Claim of third party on property charged
17.46Apportionment when more than 1 charging order
17.47Charging order for land final when issued
17.48Registration of charging order under Land Transfer Act 1952
17.49Registration of charging order not under Land Transfer Act 1952
17.50Sale before registration of charging order
17.51Discharge of land from charging order
17.52Lapse of charging order after 2 years
17.53Personal property may be charged
17.54Interim charging order in first instance
17.55Effect of interim charging order
17.56Liability of persons breaching interim charging order
17.57Money may be paid into court
17.58Court may order sale of property affected
17.59Application to make final charging order after judgment
17.60Execution after charging order made final
17.61Discharge of person served with order
17.62Effect of sale order
17.63When sale order may be issued
17.64Execution for less than full amount of judgment
17.65Recovery of money owing on cheques and other securities
17.66Discharge of person paying on cheque or other security
17.67Disposal of proceeds
17.68Not necessary to seize land
17.69Moving seized chattels
17.70Place of sale
17.71Advertising of notice of sale
17.72Service of notice of sale on liable party
17.73Contents of notice of sale
17.74Method and conditions of sale
17.75Powers of enforcing officer in relation to sale by auction
17.76Power of enforcing officer to seize title deeds
17.77Order of sale of land and chattels
17.78Power of liable party or mortgagee to give directions concerning sale of land
17.79Transfers, etc, to purchaser
17.80Effect of possession order
17.81When possession order may be issued
17.82Combined sale and possession order
17.83Effect of arrest order
17.84Power to issue arrest order
17.85Power to commit to prison for disobedience
17.86Effect of sequestration order
17.87Power to issue sequestration order
17.88Arrest of absconding debtor
17.89Process for order to arrest and imprison defendant
17.90Security by absconding debtor
17.91Orders about security
17.92Discharge on payment
18.1Types of proceedings
18.2Limited application of this Part to proceedings under Property (Relationships) Act 1976
18.3This Part subject to rules under other Acts
18.4Commencement of proceedings
18.5Naming of defendants in cases involving deceased estates or trusts
18.6Persons served by direction of court need not be named as defendant
18.7Applications for directions as to service
18.8Orders giving directions as to service
18.9Proceeding without service
18.10Time for serving claimant’s affidavit in proceedings under Family Protection Act 1955
18.11Time for serving affidavit in support of appearance
18.12Statement of defence to be filed
18.13Joining in proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949
18.14Joinder of claims and consolidation
18.14AProcedure under section 174 of Companies Act 1993
18.14BService of order made under section 174 of Companies Act 1993
18.15Evidence generally by agreed statement of facts or affidavit
19.1Meaning of originating application
19.2Applications under certain enactments
19.3Application of this Part to certain kinds of proceeding
19.4Certain directions may be sought by originating application
19.5Court may permit proceeding to be commenced by originating application
19.5ADirections as to filing of statement of claim and defence
19.6Certain proceedings must be commenced by interlocutory application
19.7Commencement of proceeding
19.8Memorandum relating to filing and address for service
19.9Heading of documents
19.10Application of rules relating to interlocutory applications
19.11Directions as to parties and conduct of applications
19.12Originating applications relating to certain proceedings under Companies Act 1993
19.12ASpecial provisions for service of applications to remove caveats or set aside statutory demands
19.14Cross-examination of person making affidavit
20.1Application of this Part
20.3Application for leave to appeal to court
20.4Time for appeal if there is right of appeal
20.5Commencement of periods in rules 20.3 and 20.4
20.6When appeal brought
20.7Power to dispense with service
20.8Filing notice of appeal
20.9Contents of notice of appeal
20.10Stay of proceedings
20.12Dismissal or stay or abandonment of appeal or cross-appeal
20.13Security for appeal
20.14Order for transcript of evidence
20.15Report by decision-maker
20.16Further evidence
20.17Decision-maker entitled to be heard on appeal
20.18Appeal is rehearing
20.19Powers of court on appeal
20.20Repayment of judgment sum and interest
20.21Registrar to notify result of appeal
20.22Applications for leave
21.2Some rules in Part 20 apply
21.4Method of commencing appeal or reference
21.5Time for appeal
21.6Notice of appeal
21.7Place for filing notice
21.8Lodging of draft case stated
21.9Contents of case
21.10Order for transcription of evidence
21.11When case deemed to be stated
21.12Power to amend case
21.13Security for costs
21.14Determination of questions
22.3Nominating scientific adviser and settling questions and instructions
22.6Experiment or test
22.7Further or supplementary report
22.9Application of subpart to application under section 89
22.10Notifying Commissioner
22.12Right to be heard
22.13Time for making application
22.14Service of notice of interlocutory application
22.15Duty of court to give directions
22.16Procedure when amendment allowed
22.17Application by originating application
22.18Respondent begins proceeding
22.19Particulars if validity of patent disputed
22.20Particulars if want of novelty alleged
22.21Service of notice on Solicitor-General
22.22Particulars supplied by plaintiff
22.23Particulars supplied by defendant [Repealed]
22.24Evidence restricted to particulars delivered
22.25Amendment of particulars
22.26Application of Part 20
22.27Method and time of bringing appeal
22.28Contents of notice of appeal
22.29Grounds of appeal
22.30Service of notice of appeal
22.31Commissioner to transmit papers
22.32Contentions raised by respondent
22.33Respondent’s notice
22.34Appeal by way of rehearing
22.35Proceeding heard and determined in public
22.36Documentary evidence
22.37Cross-examination of witnesses
23.1Scope and interpretation
23.2Application of other Parts
23.3Subpart subject to Orders in Council
23.4Method of application for registration
23.5Title and content of application
23.6Place of filing
23.7Supporting affidavits
23.8Copy judgment and translation
23.9Judicial notice of authentication of judgment
23.10Evidence of exchange rates and interest
23.11Evidence of right to registration
23.12Further evidence
23.13Registration of part of judgment
23.14Security for costs
23.15Order for registration
23.16Method of registration
23.17Date of registration
23.18Notice of registration
23.19Contents of notice of registration
23.20Application to set aside registration
23.21Determination of certain questions
23.22Enforcement of judgments
23.23Form of enforcement process
23.24Method of application
23.25Issue of certified copy
23.28Application of other Parts [Repealed]
23.29Method of application [Repealed]
23.30Title of proceeding [Repealed]
23.31Place of filing [Repealed]
23.32Evidence of exchange rates and interest [Repealed]
23.33Method of registration [Repealed]
23.34Notice of registration [Repealed]
23.35Contents of notice of registration [Repealed]
23.36Service of copy of judgment, order, or injunction [Repealed]
23.37Copy of judgment, order, or injunction to be filed if facsimile produced [Repealed]
23.38Application to set aside registration or for stay of enforcement [Repealed]
24.2Application of Part
24.3Application of general rules and practice of court
24.5General requirements of documents filed in court
24.6Advertising of notices or proceedings
24.7Discretion of court as to method of taking evidence
24.8Issue of bankruptcy notice
24.9Service of bankruptcy notice in New Zealand
24.10Setting aside bankruptcy notice
24.11Application for adjudication by creditor
24.12Verification of creditor’s application
24.13Where application for adjudication to be filed
24.14Registrar to fix hearing date for creditor’s application
24.15Court may alter hearing date for creditor’s application
24.16Service of creditor’s application on debtor
24.17Service of creditor’s application on trustee or supervisor
24.18Debtor’s notice of intention to oppose adjudication
24.19Affidavit evidence of applicant creditor
24.20Applicant creditor’s solicitor’s certificate as to unpaid debt
24.21Death of debtor against whom application filed
24.22Applicant to deposit sum for Official Assignee’s expenses
24.23Official Assignee may seek additional sum where original deposit insufficient
24.24Notification of order appointing Official Assignee as receiver and manager
24.25Repayment of deposits after order of adjudication
24.26Dismissal of application after order appointing Official Assignee as manager and receiver
24.27Application for order under section 147
24.28Official Assignee’s report
24.29Official Assignee to notify employer, etc, about proposed assignment or charge
24.30Official Assignee to serve order of assignment, etc
24.31Application for order approving composition
24.32Notice to Official Assignee of application to approve composition
24.33Notice of application to approve composition
24.34Official Assignee to account when composition approved
24.35Applications by Official Assignee for cancellation of irregular transactions or retransfer of property or payment of value
24.36Filing and service of objection to discharge
24.37Service, etc, of notice of application for discharge
24.38Report of Official Assignee
24.39Opposition by creditor to discharge
24.40Conditions affecting salary, etc, after order of discharge
24.41Annulment of adjudication to be advertised
24.42Proposal and statement of affairs and affidavit
24.43Trustee’s report on proposal
24.44Application for order to administer under Part 6 of Act
24.45Application by creditor or beneficiary
24.46Duty of Registrar when order made
24.47Duty of administrator when order made
24.48Person who has intermeddled in estate may be ordered to give particulars
24.49Administration election
24.50Applications to vary or discharge order or decision of Registrar or District Court Judge
24.51Appeals to Court of Appeal
24.52Applications to court by Official Assignee
24.53Official Assignee’s liability for costs
24.54Filing decisions of District Court
24.56Applications for recognition of foreign proceedings
24.57Other procedural requirements
24.58Relief after recognition
24.59Modification or termination
24.60Appointment of administrator under section 239L of Companies Act 1993
24.61Applications in course of administration
24.62Proper registry of court
25.2Scope of this Part
25.3Application of other rules and practice of court
25.4Parties can apply for directions if procedure not prescribed
25.5Form of application
25.6Action in personam or in rem, or both, started by notice of proceeding
25.7Notice of proceeding for action in personam
25.8Notice of proceeding for action in rem
25.9Notice of proceeding for action both in rem and in personam
25.10How to serve notice of proceeding in action in rem on ship, cargo, or other property
25.11Other provisions about service in action in rem
25.12Defendant must enter appearance
25.13Content of memorandum
25.14Time limits for entering appearance
25.15Provisions about filing
25.16Service of memorandum
25.17Defendant may apply for orders
25.18Solicitor’s undertaking
25.19Substituted defendants, third parties, and interveners
25.20Statement of claim
25.21Statement of defence
25.22Meaning of preliminary act
25.23Preliminary acts to be filed in collision cases
25.24Proceedings against party in default where other party fails to lodge preliminary act
25.25Actions for limitation of liability
25.26Plaintiff must apply to court within 5 working days
25.27Protection against other parties
25.28Order limiting plaintiff’s liability
25.29Who may seek judgment by default in action in personam
25.30Default in filing and service of statement of claim
25.31Third parties
25.32Application for judgment by default in action in rem
25.33Judgment by default in action in rem
25.34Application for warrant of arrest of property
25.35Issue of warrant of arrest
25.36Service of warrant
25.37Currency of warrant
25.38Notice of arrest of property
25.39No Crown indemnity required
25.40Contempt to move ship under arrest
25.41Application for directions concerning property under arrest
25.42Request for caveat against arrest of property
25.43Entry of caveat
25.44Request for instrument of release
25.45Issue of release
25.46Caveat against release and payment
25.47Discharge of cargo under arrest from ships not under arrest and of cargo not under arrest
25.49Payment out of court
25.51Appraisement and sale of property
25.52Determination of priority of claims where court orders sale of ship
25.53Inspection of ship, etc
25.54Consent orders
25.55Registrar may seek court’s assistance
25.56Parties may seek review of Registrar’s decision
26.3Originating application to commence appeal
26.4Affidavit to be filed in support
26.6Amending appeal grounds
26.7Notice of opposition to application
26.9Record of arbitration
26.10Service and filing of record
26.11Transcript of evidence
26.12Service and filing of transcript
26.13Hearing of appeal
26.14Leave to appeal to Court of Appeal
26.15Applications for leave to appeal
26.17Granting leave
26.18Refusing leave
26.19Applying to Court of Appeal for leave to appeal
26.20Entry of judgment if all parties agree
26.21Entry of judgment in other cases
26.22Application for entry of award as judgment
26.23Affidavit to be filed in support
26.25Entry as judgment without notice in exceptional circumstances
26.26Entry as judgment if defendant takes no steps
26.27Opposition to entry as judgment
27.1Wills and intestacies to which this Part applies
27.3Kinds of applications for grants
27.4Applications without notice
27.5Restrictions if possibly invalid will exists
27.6Applications in solemn form
27.7Respondents and additional parties
27.10Where application is filed
27.11Where caveat is lodged
27.12Evidence of death
27.13Sale of perishable property
27.14Registrars may make some orders
27.15Application of rules 27.16 to 27.28
27.16Evidence as to execution
27.17Evidence of validity
27.18Doubt as to will-maker’s understanding
27.19Doubt as to originality of signature
27.20Doubt as to date
27.22Revocations or revivals by other document
27.24Duplicate wills
27.25Circumstances in which grant may be made
27.26Priority of potential administrators for purposes of rule 27.25
27.27Proving entitlement to grant
27.28Grant while executor is minor
27.29Time for making grant
27.30Grants to attorneys
27.31Common or solemn form
27.32Inventory and account filed by administrator
27.33Administration of overseas assets
27.34Recall of grant
27.35Order of priority for grant in case of intestacy
27.36Justification of entitlement to grant
27.37Form of application for commission
27.38Affidavit in support
27.39Documents to be filed and verified
27.40Power to adopt previous accounts
27.41Power to refer matter to Registrar for inquiry
27.42Notice of inquiry by Registrar
27.43Evidence before Registrar
27.45Power to dispense with rules
28.2Commencement of New Zealand proceedings
28.3Registry of court in which proceedings to be commenced
28.4Issue of subpoenas for service in Australia
28.5Service of subpoena
28.6Subpoenas for production
28.7Setting aside subpoena issued in New Zealand proceeding
28.8Failure to comply with subpoena in New Zealand proceeding
28.9Payment of additional amounts to persons complying with subpoena in New Zealand proceeding
28.10Transmission of documents to Federal Court
28.11Certification of judgments, orders, and injunctions in New Zealand proceedings
28.12Evidence and submissions by video link and telephone conference
29.2Application of this Part
29.3Entry on commercial list by endorsement
29.4Entry on commercial list by order
29.5Entry on commercial list of appeals against determinations of Commerce Commission
29.6Entry on commercial list of applications for directions by liquidators or receivers
29.7Documents to be served on and filed and served by defendant
29.8Heading of documents
29.9Interlocutory applications
29.10Application for directions
29.11Response to application for directions
29.12Hearing of application for directions
29.13Removal from list
29.14Proceedings in other registries
29.15Memorandum that decision will be final
29.16Additional powers of commercial list Judge
29.17Disputes concerning construction
29.18Form of documents
30.1Crown Proceedings Act 1950 not affected
30.4Interim orders
31.2Hearing of applications
31.3Applications to be made by statement of claim
31.4Proper registry of court
31.5Notice of proceeding and verifying affidavit
31.6Date of hearing
31.7Exclusion of rules relating to setting down [Repealed]
31.8Directions [Repealed]
31.9Advertisement of application
31.10Restriction on advertising of proceeding
31.11Power to stay liquidation proceedings
31.12Service of proceeding
31.13Affidavit of service
31.14Evidence of advertising
31.15Entitlement to copy of statement of claim, etc
31.16Statement of defence
31.17Time for filing statement of defence
31.19Time for filing appearance
31.20Effect of failure to file statement of defence or appearance
31.21Evidence as to unpaid debts
31.22Interlocutory applications
31.23Power to appoint interim liquidator
31.24Additional and substituted plaintiffs in liquidation proceeding
31.25Consolidation of proceedings
31.26Discontinuance of proceeding
31.27Requirements in relation to order appointing interim liquidator
31.28Costs, charges, and expenses of interim liquidator and Official Assignee
31.29Obligation to send notice of order appointing liquidator or interim liquidator of company
31.30Order and copies to be sealed
31.31Contents of order putting company into liquidation
31.32Transmission of order putting company into liquidation
31.33Service of order made under section 174 of Companies Act 1993 [Repealed]
31.34Service of notice to officer executing process that company being put into liquidation
31.35Procedure in respect of miscellaneous applications
31.36Applications involving allegations of fraud, negligence, misfeasance, or similar behaviour
31.37Liquidator’s notice to set aside voidable transaction or voidable charge
31.38Proper registry of court
31.39Transitional provision for companies registered under the Companies Act 1955
32.2Freezing order
32.3Ancillary order
32.4Respondent need not be party to proceeding
32.5Order against judgment debtor or prospective judgment debtor or third party
32.6Form and further terms of freezing order
32.7Duration of freezing order
32.8Discharge or variation of freezing order
33.2Search order
33.3Requirements for grant of search order
33.4Restriction on entrants
33.5Applicant’s undertaking and duty
33.6Terms of search order
33.7Independent solicitors
33.8Review of search