9.04.2018

The Rules of the Game are Changing

Nothing says excitement quite like the rules of civil procedure.  We might laugh at that statement, but such rules are important insofar as they govern the way cases are commenced and managed through to resolution.

As indicated in our previous article there are impending wholesale changes to the District Court Rules (DCRs).  Following Royal Assent on 26 May 2014, these changes will come into effect on 1 July 2014.  Every proceeding commenced after this date will need to comply with the new DCRs.

The key change to note is that the much-maligned and repetitive notice of claim and information capsule procedure will be replaced by the traditional statement of claim process.  Anyone familiar with the High Court Rules will instantly recognise the procedure required under the new DCRs.  On a broader level, the new DCRs will align with the High Court Rules except where each court has a substantive difference in procedure.  An example of a difference is initial disclosure.  Under the High Court Rules, each party is required to provide documents when filing its first document.  Under the new DCRs, each party will only need to provide a list of documents when filing its first document, and will only need to provide the documents themselves if a request is made for them.

Further changes to the District Court are expected in future:  for example, the civil jurisdiction of the District Court is likely to increase from its present $200,000 to a higher figure (currently proposed as $350,000).  Substantive changes like this are part of the Judicature Modernisation Bill.  That Bill has recently been reported out of Select Committee, which has recommended that it be passed into law.  When that might occur is difficult to predict particularly with the forthcoming election, but we note that no practical parties are attempting to block the Bill at this stage.

The changes coming into force on 1 July 2014 are welcomed.  They should provide clarity and reduce the time between filing a claim and having it heard.  This can only assist in the administration of justice.

If you would like further information about the new DCRs and how they may impact upon you, please contact Nick Gillies.

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry_100x100 1
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

Design life in the spotlight!
Blackpool Borough Council v Volkerfitzpatrick [2020] EWHC 1523 (TCC) In 2009, Blackpool Borough Council (Principal), as principal, contracted with Volkerfitzpatrick Ltd (Contractor), as head contracto...
COVID-19 and the Future of Force Majeure
Not since Y2K have force majeure clauses been of so much focus.
Shareholder Agreements:  The Corporate “Pre-nup”
You’ve got a great idea for a business and you’re pumped to get to work. 
23.06.2020 Posted in Business Advice & Company Law
Wake Up Call for #Influencer Marketers
A recent decision by New Zealand’s Advertising Standards Authority (“ASA”) concerning a sponsored Instagram story posted by a well-recognised New Zealand personality, serves to remind all partie...
12.06.2020 Posted in Advertising Law
COVID-19: Weekly Construction Briefings
12 June 2020 New Zealand has moved into Alert Level 1 from 8 June 2020. While this means that life has largely returned to normal, as physical distancing and other restrictions have been removed, upd...
12.06.2020 Posted in Construction Law & COVID-19
Liquidated damages and penalty clauses: the last word on Honey Bees
The Supreme Court’s judgment in 127 Hobson Street Limited & Anor v Honey Bees Preschool Limited & Anor [2020] NZSC 53 confirms the test for determining when a clause in a contract designed t...
10.06.2020 Posted in Construction Law
COVID-19: OIO Urgent measures – Coming soon!
The Overseas Investment (Urgent Measures) Amendment Act 2020 (“Amendment Act”) was passed on 28 May 2020 and received Royal Assent on 2 June 2020.  The majority of the Amendment Act will ...
Send us an enquiry
For expert legal advice, please complete the form below or call us on (09) 375 8700.
  • This field is for validation purposes and should be left unchanged.