Consultation and Discussion Papers
The Rules Committee sought feedback on a draft version of an electronic bundle protocol. This protocol will provide an optional framework for the creation of an electronic case bundle that can be used by judges and counsel to manage litigation documents during trial. The bundle will include those documents in the common bundle as well as pleadings and possibly briefs and key relevant authorities. The deadline for submissions has now closed. A copy of the draft protocol can be accessed by clicking here.
Criminal Procedure Rules
On 20 February 2012 the Rules Committee issued a paper on the draft Criminal Procedure Rules. The deadline for submissions was 7 May 2012. The CPR sub-committee has considered the submissions and reported back to the Committee at its 1 October meeting with a final draft. Please refer to the following consultation paper and draft rules:
- Consultation paper on the Criminal Procedure Rules
- Draft Criminal Procedure Rules sent out for consultation 2012
Updates on the status of the Rules will be posted here.
Case Management and Default Judgment/Formal Proof Reforms
After a long period of consultation, the High Court Amendment Rules (No 2) 2012 have been made and the changes to the case management and default judgment rules will come into effect on 4 February 2013. Please check the New Zealand legislation website (www.legislation.govt.nz), where the new rules will be uploaded.
Please refer to the previous papers and draft rules issued by the Committee:
- Consultation paper on proposed default judgement and formal proof reforms
- Rules in other jurisdictions
District Courts Rules 2009 Reform
The Rules Committee is currently reviewing the District Courts Rules 2009. As part of this review, amendment rules were passed by an Order in Council on 14 May 2012, implementing changes to time periods, default judgment as well as reintroducing a summary judgment procedure. These amendments can be viewed at:
Please refer to the following documents, which formed part of the consultation process on the amendment rules:
- Consultation paper on District Courts Rules 2009 reform
- Draft District Court (General) Amendment Rules v 2.18
Time Allocations and Daily Recovery Rates
In July last year the Committee issued a consultation paper on its proposed reforms to the time allocations rules contained within Schedule 3 of the High Court Rules, as well as its regular review of the appropriate daily recovery rates provided for in Schedules 2 of the High Court Rules and District Court Rules. Please refer to the following consultation paper:
Four submissions were received from the Profession and were reviewed at the Committee's meetings in October and December 2011. Revisions to the draft Schedules were presented at the meeting on 13 February 2012 and were passed by an Order in Council on 14 May 2012. Please go to:
The changes to the two schedules are being kept under review and the Committee welcomes practitioner comment.
Discovery and electronic discovery
In 2011 the Rules Committee's reform of the High Court Rules on discovery ended with new draft rules on Discovery being tabled at the 22 August 2011 meeting and approved by the full Committee. These rules were the result of a substantive consultation process with the Profession. These new discovery rules have now been passed and came into force on 1 February 2012. They can be viewed on the New Zealand Legislation website.
Please refer to the following documents:
- Consultation paper 13 December 2010
- Draft rules on discovery accompanying 2010 consultation
- Sample list of documents accompanying 2010 consultation
- Sample joint memorandum for case management conference accompanying 2010 consultation
In July 2011, the Rules Committee sought comment and feedback from the profession on introducing rules to govern the issue of company representation in court proceedings. Feedback was sought by 3 August 2011.
Please refer to the following consultation documents:
Any submissions to consultation papers should be directed to the Clerk to the Committee at firstname.lastname@example.org or posted to the following address:
Auckland High Court
PO Box 60
In the interests of increasing communication and transparency, the Rules Committee may publish on this website submissions and comments received as part of the consultation process (see Minutes of 13 June 2011).