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Last updated 9 August 2024

The following is for information only and is not to be relied on for any purpose, and should not be taken as reflecting the position of the judiciary.  Practitioners and other court users should employ professional judgment, and seek legal advice where appropriate.

Media statement on access to justice changes

Justice Cooke, Chair of the Rules Committee, has released a media statement where he comments on upcoming changes to costs for self-represented litigants and the progress of the Committee's other work on changes to improve access to civil justice.

Fourth consultation on Improving Access to Civil Justice project

The Rules Committee did, in August 2024, receive comments from previous submitters on its implementation of proposed changes to the High Court Rules 2016 to improve access to civil justice. For more information, see the consultation page.

Reform of the Costs Regime: Costs for Self-Represented Litigants

The Supreme Court, in its decision in McGuire v Secretary for Justice [2018] NZSC 116, indicated that it may be appropriate for the Rules Committee to reassess the continuing appropriateness of the rule prohibiting the award of costs to successful lay-litigants, and also the exceptions to that rule allowing costs to lawyers appearing in person and in-house counsel.

The Committee has drafted proposed amendments to the rules of the District Court, High Court and Court of Appeal enabling self-represented litigants to claim costs upon success.  These proposed amendments have been promulgated by Cabinet and take effect from 1 September 2024. This means self-represented litigants will be able to claim costs for steps taken on or after 1 September 2024. The changes will not restrospectively apply to steps taken before 1 September 2024. 

For more information, see the media statement of Justice Cooke, Chair of the Rules Committee, where he comments on the changes.  Also see the District Court Amendment Rules 2024, the High Court Amendment Rules 2024, and the Court of Appeal (Civil) Amendment Rules 2024. 

More information, and the consultation papers so far published, can be found on the project page.

If you are interested in details of the Committee's recent decisions, see the minutes of its previous meetings under "Committee Minutes".