High Court Amendment Rules 2015

Further to the article which appeared earlier this year in Law News Issue 11 (24 April 2015), the ADLS Civil Litigation Committee would like to draw members’ attention to the High Court Amendment Rules 2015 which came into force on 1 July 2015.

A number of amendments have been made, including the following:

Definition of “working day”

The definition of “working day” has been amended to provide for Waitangi Day and Anzac Day to be “Monday-ised” by adding to that definition in Rule 1.3(1) of the High Court Rules:

“(c) if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday.”

Daily rates for costs as between parties

The daily rates for costs as between parties has been increased by inserting a new Schedule 2 to the High Court Rules as follows:

High Court Amendment Rules

When documents served by post are deemed to be served

The time after which documents served by post are deemed to be served has been increased by amendment to Rule 6.6 as follows:

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

(1) When a document is served on a party or person in accordance with rule 6.1(1)(d)(i) or (ii), that document must,—

(a) if posted to a post office box address, be treated as served on the earlier of—

(i) the fifth working day1 after the day on which it was posted; or

(ii) the day on which it was received; and

(b) if left at a document exchange, be treated as served on the earlier of—

(i) the second working day after the day on which it was left; or

(ii) the day on which it was received. …

(7) Despite subclause (1), when a document is served in accordance with rule 6.1(1)(d)(i) or (ii) or (e), it is to be treated as served on the earlier of—

(a) the eighth working day2 after the day on which it was posted; and

(b) the day on which it was received.”

Rule 6.1(1)(d)(i) or (ii) provide for service at a Post Office Box or by DX.

Rule 6.1(1)(e) provides for service of documents initiating a proceeding at an address for service under the Trans-Tasman Proceedings Act 2010.

A similar change is made to Rule 9.63 in relation to an application to set aside a New Zealand subpoena in trans-Tasman proceedings where the time an application served by post is deemed to be served is extended from the sixth working day to the eighth working day (or the day on which it is received).

The time in which an attachment order under Part 17 served by post is deemed to have been served on an employer is extended in Rule 17.34(2) from the fourth working day to the sixth working day.

Memoranda for case management conferences

Express provision for memoranda for case management conferences to be filed by fax or email is provided by amendment to Rule 7.3 of the High Court Rules.

Rule 7.4 is amended to provide for memoranda for case management conferences after the first conference with the same timing as for the first case management conference – 10 working days before the conference for a joint memorandum or the plaintiff’s memorandum and 5 working days before the conference for other parties’ memoranda.

Definition of “liquidated demand”

The definition of “liquidated demand” in Rule 15.7 for the purposes of judgment by default is amended by adding to Rule 15.7(5):

“(ab) is quantified in, or can be precisely calculated on the basis of, or by reference to an enactment relied on by the plaintiff; or …”

Description of an “accountant”

The description of an accountant who can be appointed by the Court to take an account under Part 16 is amended in Rule 16.6 to be an accountant who is “a qualified statutory accountant (within the meaning of section 5(1) of the Financial Reporting Act 2013)”.

The same change is made to Rules 27.39 and 27.40 in relation to who can verify the documents in support of an application for a commission under section 72 of the Trustee Act 1956.

Proceedings which can be commenced by originating application as of right

Rule 19.2 regarding the proceedings which can be commenced by originating application as of right is extended to include applications under Rule 24.35 (regarding applications by the Official Assignee to cancel an irregular transaction and to retransfer property or payment value3) and 24.44 (regarding an application for an order for administration of an estate under Part 6 of the Insolvency Act 2006). This resolves an inconsistency where Rules 24.35 and 24.44 required the applications to be by originating application but this was not reflected in Rule 19.2.

Timing issues as between the Insolvency Act 2006 and the High Court Rules

An issue between the timing specified in the Insolvency Act 2006 and timing specified in the High Court Rules is resolved by amending the timing in Rules 24.37, 24.38 and 24.39 so that:

  • an application for discharge by a bankrupt must be served at least 20 working days4 before the hearing (Rule 24.37);
  • the Official Assignee’s report must be served at least 10 working days5 before the hearing (Rule 24.38);
  • opposition by a creditor to be served not less than 5 working days6 before the hearing (Rule 24.39).

Notice to admit facts

The Notice to admit facts (Form G 36) is amended to reference the correct Rule 8.47.

Matters for consideration at a case management conference

Schedule 10, which specifies the matters for consideration at a case management conference in Judicial Review proceedings (Part 30), is amended to include a note that provides:

“The presiding Judge will expect the parties a the first case management conference to have –

(a) Provided initial disclosure in accordance with rule 8.4:

(b) Carefully considered the pleadings and the principal documents disclosed with them.”

 

References within article:
1 Previously third working day.
2 Previously sixth working day.
3 Insolvency Act 2006, sections 206 and 207.
4 Previously 15 working days.
5 Previously 5 working days.
6 Previously by 1pm the day before the hearing, but now consistent with Regulation 19 of the Insolvency (Personal Insolvency) Regulations 2007. 

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