Current projects
Last revised 25 June 2024
The Rules Committee continuously reviews the rules in light of national and overseas developments. It monitors Australian and United Kingdom reports and reforms to identify areas where New Zealand could adopt or adapt ideas.
Below are a number of areas in which the Committee is currently undertaking significant reviews of the rules of practice and procedure. The list is not exhaustive, and does not refer to the numerous smaller matters of a more technical and detailed nature the Committee regularly addresses (such as out-dated cross-references, apparent typographical errors, and changes to lesser used specialised procedures).
The review process is a perpetual one. The Committee welcomes comments and enquiries from the profession and the public about existing projects or other concerns relating to procedural rules which it is thought should be brought to the Committee’s attention.
Current Major Initiatives
Promoting Access to Civil Justice
The Committee has been undertaking a work programme to address the costliness associated with bringing civil claims in both the High Court and the District Court. These concerns relate to the apparently disproportionate cost of complying with relevant procedural requirements.
This work programme reached a significant milestone in late 2020 with the conclusion of the initial consultation process. Details of this initial consultation process are available on the project page. Over 400 pages of submissions were received from several dozen members of the legal profession, academics, representatives of community organisations, and members of the wider community. Copies of most of the submissions received in response to the Committee's initial consultation papers have been published on the project page.
In response to the submissions to the first consultation round, the Committee issued a second consultation paper in May 2021.
The Committee published a report, titled Improving Access to Civil Justice, in November 2022. The report makes recommendations to the Attorney-General and Minister of Justice on measures they can implement to improve access to civil justice.
The Committee is continuing its work on the project into 2024. Its present focus is making proposals to amend to the High Court Rules 2016 to improve access to civil justice.
Any person interested in obtaining more information should consult the project page, and can also view the record of the Committee's discussions in the minutes from previous meetings under "Committee Minutes".
Costs for Litigants in Person
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 determined that it is appropriate to review these matters, and to consider what new rules of court will be required if the current rules are changed.
The Committee undertook consultation with the profession and public regarding potential reforms in this area in 2020 and 2021.
Since then, the Committee has agreed to propose to Cabinet that self-represented litigants be able to recover $500 per day in costs should they succeed. The Committee has drafted proposed amendments to the rules of the High Court, Court of Appeal and Supreme Court enabling self-represented litigants to claim costs upon success. These proposed amendments are undergoing the concurrence process and, if promulgated by Cabinet, are expected to take effect in late 2024.
More information, and the consultation papers so far published, can be found on the project page.
Feedback and Suggestions
The Committee welcomes feedback on any of these or other issues relating to rules relating to the practice and procedure of the Courts. Please direct any comments to the Clerk.