21.03.2014

New District Court Rules

Over the past few months the Rules Committee has been considering a total revamp of the District Court Rules (DCRs).  At the same time, Parliament has been considering the Judicature Modernisation Bill – which, if passed, will make significant structural changes to the court system.

The new DCRs have already been approved – as of the Rule Committee’s meeting on 10 February 2014: click here  However, these will not take effect until the 28th day following their notification in the NZ Gazette, which we understand will not be until the Judicature Modernisation Bill has passed (which may be in the next six months or so).

In any event, we note the following key features in what will be the new DCRs:

  1. The civil jurisdiction of the District Court will be increased from $200,000 to $350,000.
  2. Neither the new DCRs nor the Judicature Modernisation Bill say anything about increasing the limit of the Disputes Tribunal (which is currently for claims up to a maximum of $15,000) – as such, it appears the District Court will have a very broad civil jurisdiction.
  3. Proceedings can be transferred to the High Court (upon application by a party) where it is desirable that they be heard in that Court.
  4. The notice of claim/information capsule procedure will be scrapped and replaced by statements of claim/defence etc.
  5. The DCRs will align with the High Court Rules except where there are substantive differences in procedure.  As an example, instead of providing initial disclosure when filing its first document, a party will be required to provide a list of documents at that time (the documents themselves will need to be provided within 5 working days of a request being made).
  6. A CMC will be convened following the filing of statements of defence.
  7. Short and simplified trials will be available (as per the current rules), as will judicial settlement conferences.  If a JSC is unsuccessful, a second telephone conference will be held and the matter will proceed to a full trial unless a simplified trial still works.
  8. Summary judgment will be available at the outset and can be applied for up to 10 days after the statement of defence is filed without leave.

We will provide a further update once it is known when the new DCRs will take effect.

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

Privacy Commissioner to consult on Privacy Rules for Biometric Information
With the increasing use of facial recognition technology (FRT), retinal scans, and voice recognition by an array of different agencies, privacy concerns about its collection and use are set to be form...
24.11.2023 Posted in Business Advice
Fern forest NZ
Bioenergy in New Zealand: Fuels for the Future?
The energy transition from combustion fuels to low carbon alternatives is viewed as critical in the race to cut global CO2 emissions and reach climate targets.  We look at some of the opportunities p...
14.11.2023 Posted in Business Advice & Climate Change & Forestry
Will Wide BW
A well drafted will is a craft
The New Zealand do-it-yourself “DIY” attitude and way of life is not limited to home improvements, but sometimes also extends to wills.  Recently we had a DIY $5.99 fill in the blanks will acros...
07.11.2023 Posted in Private Wealth
rsz large pillars
Health and Safety: The Consequences of Dishonesty
Siddhartha Gautama said that lies are like huge, gaudy vessels, the rafters of which are rotten and worm-eaten, and that those who embark in them are fated to be shipwrecked.  Two remarkable health a...
03.11.2023 Posted in Employment & Health & Safety
Properly sequencing your Construction Adjudications: Henry Construction Projects Ltd v Alu-Fix (UK) Ltd
According to the UK’s Technology and Construction Court (TCC) (in Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023] EWHC 2010) valid payment claims must be paid before the underlying merits ...
30.10.2023 Posted in Construction & Disputes
Key change to rules on distribution of surplus assets under the new Incorporated Societies Act 2022
On 5 October 2023, the new Incorporated Societies Act 2022 (2022 Act) came fully into force, replacing the Incorporated Societies Act 1908 (1908 Act). One of the key requirements under the 2022 Act is...
18.10.2023 Posted in Business Advice
Construction Framework Wide BW
Major milestone passed – NZS3910:2023 expected in time to fill Christmas stockings
As the most widely adopted standard form construction contract in NZ, NZS 3910 was more than ready for updated conditions given the changes in the industry since its last review in 2013.  After almos...
09.10.2023 Posted in Construction
SEND AN ENQUIRY
Send us an enquiry

For expert legal advice, please complete the form below or call us on (09) 375 8700.