with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee continued under section 155 of that Act (of whom at least 1 was a Judge of the High Court).

1	Title
2	Commencement
3	Principal rules
4	Rule 53A amended (Principles applying to determination of costs)
5	Schedule 1AA amended
	Schedule New Part 3 inserted into Schedule 1AA
	Explanatory note
	Administrative Information

Rules

1 Title

These rules are the Court of Appeal (Civil) Amendment Rules 2024.

2 Commencement

These rules come into force on 1 September 2024.

3 Principal rules

These rules amend the Court of Appeal (Civil) Rules 2005.

4 Rule 53A amended (Principles applying to determination of costs)

(1)

In rule 53A(1)(f), after “party claiming costs”, insert “(not being a party acting in person)”.

(2)

After rule 53A(2), insert:

(3)

In subclause (1)(f), party acting in person—

(a)

means a party who is without a solicitor on the record and who represents their own personal interests; and

(b)

includes a party who is a lawyer and who represents their own personal interests.

5 Schedule 1AA amended

In Schedule 1AA,—

(a)

insert the Part set out in the Schedule of these rules as the last Part; and

(b)

make all necessary consequential amendments.

Schedule New Part 3 inserted into Schedule 1AA

r 5

Part 3 Provision relating to Court of Appeal (Civil) Amendment Rules 2024

4 Application of principle in rule 53A(1)(f) to award of costs made to party acting in person

(1)

If an award of costs is made to a party acting in person,—

(a)

the award in respect of the costs incurred by the party before 1 September 2024 is subject to the principle set out in rule 53A(1)(f) as in force immediately before 1 September 2024; and

(b)

the award in respect of the costs incurred by the party on or after 1 September 2024 is subject to the principle set out in rule 53A(1)(f) as in force on 1 September 2024.

(2)

In this clause, party acting in person has the meaning set out in rule 53A(3).

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the rules but is intended to indicate their general effect.

These rules, which come into force on 1 September 2024, amend the Court of Appeal (Civil) Rules 2005 to provide for a party who is acting in person to claim costs in both standard and complex appeals.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 1 August 2024.

These rules are administered by the Ministry of Justice.

Court of Appeal (Civil) Amendment Rules 2024