“mentally disordered person means a person who is mentally disordered within the meaning of section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992”.

“44 Appointment or change of solicitor or representation or address for service

• “(1) Subclauses (2) to (4) apply if—

  • “(a) a party who has acted in person appoints a solicitor to act for that party; or

  • “(b) a party for whom a solicitor has acted wishes to change that party's solicitor; or

  • “(c) a party for whom a solicitor has acted wishes to act in person.

  “(2) The party must—

  • “(a) serve on the Registrar and every other party a notice of the appointment or change of solicitor or representation; and

  • “(b) if the party's address for service after the appointment or change of solicitor or representation will be different from that which applied before it, also serve a copy of the notice at the address that was, immediately before the appointment or change of solicitor or representation, the party's address for service.

  “(3) The notice—

  • “(a) must be signed by the party personally or by the party's attorney; and

  • “(b) in the case of a party referred to in subclause (1)(c), must state that party's intention to act in person; and

  • “(c) must contain, in relation to a new solicitor, the information required by paragraphs (b) to (e) of rule 43(1).

  “(4) The appointment or change of solicitor or representation is effected on the filing of an affidavit proving compliance with subclause (2) and exhibiting and verifying a copy of the notice served.

  “(5) Any party may change that party's address for service by—

  • “(a) filing a notice of the change showing the new address for service; and

  • “(b) serving a copy of the notice on every other party.

  “(6) A change of address for service may be contained in and combined with a notice of appointment or change of solicitor or representation, and, in that case, the filing of the affidavit of compliance under subclause (4) is deemed to be the filing of the notice of change of address for service.

  “(7) Form 3 may be used for notice given under this rule.

  “Compare: High Court Rules r 45”.

• “(2) Despite anything in subclauses (4) and (5), but subject to subclause (6), the following persons have the right, without payment of a fee, to search, inspect, and take a copy of the file relating to a proceeding or interlocutory application:

  • “(a) a party to the proceeding or interlocutory application; or

  • “(b) the solicitor on the record acting for a party to the proceeding or interlocutory application.

• “(3) Subject to subclauses (4) to (7), a person has the right to search, inspect, and copy a document on a file relating to a proceeding that has been determined.

• “(3A) Subject to subclauses (4) to (7), a person has a right to search, inspect, and copy a document on a file relating to an interlocutory application—

  • “(a) if the interlocutory application relates to a proceeding that has been determined; or

  • “(b) if the interlocutory application relates to an intended proceeding and leave to bring the proceeding is refused; or

  • “(c) with the leave of a Judge in any case where the interlocutory application relates to an intended proceeding and the Judge is satisfied that the proceeding has not been commenced within a reasonable time.”

• “(fa) the Mental Health (Compulsory Assessment and Treatment) Act 1992:”.

• “(7) No person has the right to search, inspect, or copy a file or a document on a file in a proceeding or interlocutory application after the following periods:

  • “(a) if there is a sealed judgment or order, the expiration of 6 years from its date:

  • “(b) if there is no sealed judgment or order, the expiration of 6 years from the date of the Judge's reasons or minute making the order.”

“151 Application of summary judgment procedure

• Except as provided in these rules or by any other enactment, rules 152 to 167 apply to every proceeding other than a proceeding under Part IX.

  “Compare: High Court Rules r 135

“152 Judgment if there is no defence or if no cause of action can succeed

• “(1) The Court may give judgment against a defendant if the plaintiff satisfies the Court that the defendant has no defence to a claim in the statement of claim or to a particular part of the claim.

  “(2) The Court may give judgment against a plaintiff if the defendant satisfies the Court that none of the causes of action in the plaintiff's statement of claim can succeed.

  “Compare: High Court Rules r 136

“153 Summary judgment on liability

• The Court may give judgment on the issue of liability, and direct a hearing of the issue of amount (at the time and place that it thinks fit), if the party applying for summary judgment satisfies the Court that the only issue to be heard is one as to the amount claimed.

  “Compare: High Court Rules r 137

“154 Interlocutory application for summary judgment

• “(1) Application for judgment under rule 152 or rule 153 must be made by interlocutory application.

  “(2) An application by a plaintiff must be made at the time the statement of claim is served on the defendant, or later with the leave of the Court.

  “(3) An application by a defendant must be made at the time the statement of defence is served on the plaintiff, or later with the leave of the Court.

  “(4) The party making the application must file and serve on the other party the following documents:

  • “(a) if the party is a plaintiff, a notice of proceeding in form 11:

  • “(b) a notice of interlocutory application in form 20:

  • “(c) a statement of claim (if the application is made by the plaintiff):

  • “(d) a statement of defence (if the application is made by the defendant):

  • “(e) a supporting affidavit.

  “(5) That affidavit—

  • “(a) must be by or on behalf of the person making the application:

  • “(b) if given by or on behalf of the plaintiff, must verify the allegations in the statement of claim to which it is alleged that the defendant has no defence, and must depose to the deponent's belief that the defendant has no defence to the allegations and set out the grounds of that belief:

  • “(c) if given by or on behalf of the defendant, must show why none of the causes of action in the plaintiff's statement of claim can succeed.

  “Compare: High Court Rules r 138

“155 Service out of New Zealand

• “(1) If an application under rule 152 or rule 153 is to be served out of New Zealand, the Court must, on the application of the party making the application,—

  • “(a) fix the date for hearing of the application under rule 152 or rule 153; and

  • “(b) fix the time within which a party who wishes to oppose the application must file and serve—

    • “(i) the party's notice of opposition; and

    • “(ii) the affidavit by or on behalf of the party opposing the application in answer to the affidavit by or on behalf of the party making the application; and

    • “(iii) any statement of defence filed in addition to the notice of opposition and the affidavit; and

  • “(c) direct that the necessary modifications be made to the notice of proceeding.

  “(2) Nothing in subclause (1) prevents the date of hearing fixed by the Court being enlarged under rule 158.

  “Compare: High Court Rules r 138A

“156 Requirements as to notice of proceeding

• Rule 127 does not apply to a proceeding to which rules 152 to 167 apply.

  “Compare: High Court Rules r 139

“157 Time for service

• “(1) The documents specified in rule 154(4) must be served on the other party to the proceeding not less than 21 days before the date for hearing the application.

  “(2) Despite subclause (1), unless the Court otherwise directs, no part of the Christmas vacation is included in computing the time that is required to elapse between the date of service and the date for hearing.

  “Compare: High Court Rules r 140

“158 Enlargement of date of hearing

• The Registrar, on request, may enlarge the date of the hearing whenever the documents specified in rule 154(4) have not been served within the time prescribed by rule 157(1) by—

  • “(a) striking out the original date of hearing shown in the notice of interlocutory application; and

  • “(b) inserting a new date; and

  • “(c) initialling the new date in the margin opposite the alteration.

  “Compare: High Court Rules r 140A

“159 Notice of opposition and affidavit in answer

• “(1) A party who intends to oppose an application for judgment under rule 152 or rule 153 must, at least 3 working days before the date for hearing the application, file in the Court and serve on the party making the application—

  • “(a) a notice of opposition in form 22; and

  • “(b) an affidavit by or on behalf of the party intending to oppose the application in answer to the affidavit by or on behalf of the party making the application.

  “(2) A party who does not comply with subclause (1) will not be heard in opposition to the application without the leave of the Court.

  “(3) Rule 267 applies, with all necessary modifications, in relation to a notice of opposition filed under subclause (1)(a).

  “Compare: High Court Rules r 141

“160 Statement of defence

• “(1) A defendant who has filed both a notice of opposition and an affidavit under rule 159 may, in addition, file a statement of defence in the office of the Court in which the notice of opposition and the affidavit were filed.

  “(2) If a defendant files a statement of defence under subclause (1), the defendant must serve a copy of the statement of defence on the plaintiff.

  “(3) A statement of defence filed under subclause (1) must be filed and served at least 3 days before the date for the hearing of the application.

  “Compare: High Court Rules r 141A

“161 Affidavits in reply

• “(1) An affidavit may be filed by or on behalf of the party making the application in reply to an affidavit filed by or on behalf of the party opposing the application.

  “(2) An affidavit filed under subclause (1)—

  • “(a) must be limited to new matters in the affidavit of the party opposing the application; and

  • “(b) must be filed in the Court and served on the party opposing the application not later than 1 pm on the last working day before the date for hearing the application.

  “Compare: High Court Rules r 141B

“162 Removal of summary judgment application from District Court to High Court

• “(1) If a summary judgment application is made in a Court, a Judge may, on the application of either party or on his or her own motion, remove into the High Court—

  • “(a) that summary judgment application; or

  • “(b) any matter arising in that summary judgment application.

  “(2) On any removal under subclause (1), the High Court may—

  • “(a) determine the application or matter; or

  • “(b) refer the application or matter back to the Court with any directions that the High Court thinks fit.

“163 Disposal of application

• “(1) If the Court dismisses an application for judgment under rule 152 or rule 153, the Court must give directions as to the future conduct of the proceeding as may be appropriate.

  “(2) If it appears to the Court on an application for judgment under rule 152 or rule 153 that the defendant has a counterclaim that ought to be heard, the Court—

  • “(a) may give judgment for the amount that appears just on any terms it thinks fit; or

  • “(b) may dismiss the application and give directions under subclause (1).

  “Compare: High Court Rules r 142

“164 Time for filing statement of defence on dismissal of plaintiff's application

• “(1) The statement of defence in the proceeding, if not already filed, must be filed within 14 days after the date on which any application by a plaintiff for judgment under rule 152 or rule 153 is dismissed.

  “(2) This rule is subject to any directions given under rule 163(1).

  “Compare: High Court Rules r 142A

“165 Setting aside judgment

• A judgment given against a party who does not appear at the hearing of an application for judgment under rule 152 or rule 153 may be set aside or varied by the Court on any terms that it thinks fit if it appears to the Court that there has been or may have been a miscarriage of justice.

  “Compare: High Court Rules r 143

“166 Discontinuance

• “(1) The party making the application may, at any time before an application for judgment under rule 152 or rule 153 is heard, discontinue the application—

  • “(a) by filing in the office of the Court in which the application is filed a memorandum to that effect; and

  • “(b) by serving a copy of the memorandum on the other party to the application.

  “(2) If an application for judgment under rule 152 or rule 153 is discontinued, the Court may give directions as to the future conduct of the proceeding.

  “Compare: High Court Rules r 143A

“167 Application to counterclaims

• Rules 151 to 166 apply, with all necessary modifications, to counterclaims.

  “Compare: High Court Rules r 144”.

• “(3) An applicant for an interlocutory injunction must file a signed undertaking that the applicant will abide by any order that the Court may make in respect of damages—

  • “(a) that are sustained by the other party through the granting of the interim injunction; and

  • “(b) that the Court decides that the applicant ought to pay.

• “(4) The undertaking must be referred to in the order granting the interlocutory injunction and is part of it.

• “(5) The applicant is deemed to be bound by an undertaking in the terms stated in subclause (3) whether or not one has been signed or filed by the applicant and whether or not it has been referred to in the order.”

“308 Who may swear affidavit verifying statement in answer to interrogatories

• “(1) An affidavit verifying a statement of a party in answer to interrogatories may be made as follows:

  • “(a) by the person required to make the statement:

  • “(b) subject to rule 94(2), if the person required to make the statement is a minor or a mentally disordered person, or is a person in respect of whom a property order under the Protection of Personal and Property Rights Act 1988 has been made, by the person's next friend, guardian ad litem, or manager, as the case may be:

  • “(c) if the person required to make the statement is a corporation or a body of persons empowered by law to sue or be sued (whether in the name of the body or in the name of the holder of an office), by a person who meets the requirements of rule 515:

  • “(d) if the person required to make the statement is the Crown, or an officer of the Crown who sues or is sued in an official capacity or as representing a Government department, by an officer of the Crown.

  “(2) Despite subclause (1), if paragraph (c) or paragraph (d) of that subclause applies, and the affidavit is to be filed and served in accordance with an order, the Court may—

  • “(a) specify by name or otherwise the person to make the affidavit; or

  • “(b) specify by description or otherwise the persons from whom the party may choose the person to make the affidavit.

  “Compare: High Court Rules r 286”.

• “(2) An admission made in compliance with a notice under this rule—

  • “(a) may be amended or withdrawn by the party by whom it was made at any time, if the Court so allows and on any terms that the Court thinks just:

  • “(b) must not be used against the party by whom it was made in a proceeding or interlocutory application other than the proceeding or interlocutory application for the purpose of which it was made.”

“325 Who may swear affidavit verifying list of documents

• “(1) An affidavit verifying a list of documents under a notice or order given or made under any of the provisions of rules 315 to 326 may be made as follows:

  • “(a) by the person required to make the list:

  • “(b) subject to rule 94(2), if the person required to make the list is a minor or a mentally disordered person, or is a person in respect of whom a property order under the Protection of Personal and Property Rights Act 1988 has been made, by the person's next friend, guardian ad litem, or manager, as the case may be:

  • “(c) if the person required to make the list is a corporation or a body of persons empowered by law to sue or be sued (whether in the name of the body or in the name of the holder of an office), by a person who meets the requirements of rule 515:

  • “(d) if the person required to make the list is the Crown, or an officer of the Crown who sues or is sued in an official capacity or as representing a Government department, by an officer of the Crown.

  “(2) Despite subclause (1), if paragraph (c) or paragraph (d) of that subclause applies, and the affidavit is to be filed and served in accordance with an order, the Court may—

  • “(a) specify by name or otherwise the person to make the affidavit; or

  • “(b) specify by description or otherwise the persons from whom the person required to verify the list may choose the person to make the affidavit.

  “Compare: High Court Rules r 303”.

• “(1) If a Court expert is appointed in a proceeding or interlocutory application,—

  • “(a) a party may call 1 expert witness to give evidence on the question reported on by the Court expert if the party gives notice of the party's intention to do so a reasonable time before the hearing; but

  • “(b) no party may call more than 1 expert witness to give evidence on the question reported on by the Court expert without the leave of the Court.”

• “(b) a mentally disordered person; or”.

“Arbitration by consent

“385A Arbitration by consent

• “(1) The parties to a proceeding may agree to arbitration of their dispute or any part of it under the Arbitration Act 1996 at any time during the course of the proceeding.

  “(2) If an arbitration agreement entered into during the course of a proceeding relates to all the matters in dispute in the proceeding, the Court must stay the proceeding.

  “(3) If an arbitration agreement entered into during the course of a proceeding relates to some but not all of the matters in dispute in the proceeding, the Court must stay those parts of the proceeding to which the arbitration agreement relates.

  “(4) Subclauses (2) and (3) do not apply if the Court finds that the agreement has no effect or is inoperative or incapable of being performed.

  “Compare: High Court Rules r 383A”.

“426A Consequences of failure to set down within 12 months after last step in proceeding

• “(1) If a proceeding has not been set down for hearing and at least 12 months have elapsed since the last step was taken in that proceeding, no further step may be taken in that proceeding without the leave of the Court.

  “(2) Leave must not be given under subclause (1) unless the Court is satisfied that there is a proper issue to be heard in the proceeding.

  “Compare: High Court Rules r 426A”.

• “(8) The Court or the Registrar may, with the consent of the parties, make an order directing the parties to attempt to settle their dispute by any form of mediation or other alternative dispute resolution (to be specified in the order) that the parties have agreed.”

• “(5) The Court may, with the consent of the parties, make an order directing the parties to attempt to settle their dispute by any form of mediation or other alternative dispute resolution (to be specified in the order) that the parties have agreed.”

“438 Judge may assist in negotiations for settlement

• “(1) A Judge may, at any time before the hearing commences, convene a conference in chambers of the parties for the purpose of negotiating for a settlement of the proceeding or of any issue, and may assist in the negotiations; but that Judge must not preside at the hearing of the proceeding unless—

  • “(a) all parties taking part in the conference consent; or

  • “(b) the only matter for resolution at the hearing is a question of law.

  “(2) A Judge may, at any time during the hearing, with the consent of the parties, convene a conference in chambers of the parties for the purpose of negotiating for a settlement of the proceeding or of any issue; and the Judge must arrange for another Judge to assist in the negotiations unless the parties agree that the hearing Judge should assist, in which case the hearing Judge may do so and continue to preside at the hearing.

  “Compare: High Court Rules r 442”.

“452 Application of this Part

• “(1) This Part applies to—

  • “(a) an application to a Court under any of the following provisions:

    • “(i) sections 3, 8, 12, 13, and 20 of the Adoption Act 1955:

    • “(ii) sections 8, 9, 19, and 20 of the Alcoholism and Drug Addiction Act 1966:

    • “(iii) Arbitration Act 1996:

    • “(iv) section 72A of the Arms Act 1983:

    • “(v) Auctioneers Act 1928:

    • “(vi) Part IX of the Building Act 1991:

    • “(vii) section 62 of the Civil Aviation Act 1990:

    • “(viii) sections 52, 58(1), and 78(1)(b) of the Crown Minerals Act 1991:

    • “(ix) section 23(3) of the Defamation Act 1992:

    • “(x) sections 95D, 96, 180, and 208 of the Electoral Act 1993:

    • “(xi) Fencing Act 1978:

    • “(xii) section 32 of the Gas Act 1992:

    • “(xiii) section 126 of the Health Act 1956:

    • “(xiv) section 105 of the Land Transport Act 1998:

    • “(xv) section 12 of the Layby Sales Act 1971:

    • “(xvi) section 43 of the Local Elections and Polls Act 1976:

    • “(xvii) section 18(2)(c) of the Marriage Act 1955:

    • “(xviii) Massage Parlours Act 1978:

    • “(xix) section 14(4) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:

    • “(xx) sections 9, 12, and 16 of the Minors' Contracts Act 1969:

    • “(xxi) Pawnbrokers Act 1908:

    • “(xxii) Proceeds of Crime Act 1991:

    • “(xxiii) sections 126F, 126G, 129C, 143, and 152 of the Property Law Act 1952:

    • “(xxiv) section 66 of the Public Trust Office Act 1957:

    • “(xxv) Secondhand Dealers Act 1963:

    • “(xxvi) Sharebrokers Act 1908:

    • “(xxvii) section 199 of the Summary Proceedings Act 1957:

    • “(xxviii) section 16 of the Tuberculosis Act 1948:

  • “(b) an application under any provision if the relevant enactment expressly provides for the application to be made by originating application:

  • “(c) any other proceeding that the Court, in the interests of justice, permits to be commenced by the filing of an originating application.

  “(2) The provisions of this Part are, in their application to any originating application, subject to the Act under which the application is made and any regulations or rules made under that Act.

  “(3) Despite subclause (1)(a)(iii), a second or subsequent application to the Court under the Arbitration Act 1996 with respect to the same arbitration, whether brought by the plaintiff or the defendant, must be made by interlocutory application in the same proceeding as the first application.

  “Compare: High Court Rules r 458D”.

• “(1) At any time before the hearing of an originating application—

  • “(a) the Court may, of its own motion, give any directions regarding the proceeding commenced by the filing of the application that the Court thinks fit:

  • “(b) any party may file an interlocutory application for directions regarding the proceeding commenced by the filing of the application.”

“515 Affidavits made on behalf of corporation

• A person may make an affidavit on behalf of a corporation or body of persons empowered by law to sue or be sued (whether in the name of the body or in the name of the holder of an office) if the person—

  • “(a) knows the relevant facts; and

  • “(b) is authorised to make the affidavit.

  “Compare: High Court Rules r 517”.

“530 Time and mode of giving judgment

• “(1) A Judge may give a judgment orally or in writing.

  “(2) Except in the case of a judgment on an ex parte application, a Judge may give a judgment orally only if the affected parties or their counsel have been given a reasonable opportunity to—

  • “(a) be present when the judgment is given; or

  • “(b) hear the Judge give the judgment, for example, by telephone, telephone conference call, or video link.

  “(3) A judgment is given orally when the Judge pronounces it, with or without reasons.

  “(4) A written judgment is given when the judgment—

  • “(a) is signed by the Judge; and

  • “(b) bears a date and time that purport to be the date on which and the time at which the Judge signed the judgment.

  “(5) The date and time referred to in subclause (4)(b) are deemed to be the date on which and the time at which the judgment is given.

  “(6) A judgment, whether given orally or in writing, may be recalled by the Judge at any time before a formal record of it has been drawn up and sealed.

  “Compare: High Court Rules r 540”.

• “(3) A judgment may be sealed—

  • “(a) in accordance with any direction given by the Judge relating to the sealing of the judgment; or

  • “(b) if no direction is given, at any time after the judgment has been given.

• “(4) A sealed judgment must state—

  • “(a) the date on which, in accordance with rule 530, the judgment is given; and

  • “(b) the date on which it is sealed.”

“533 When judgment takes effect

• “(1) Subject to section 79(5) of the Act, a judgment takes effect when it is given.

  “(2) Despite subclause (1), no step may be taken on a judgment before it has been sealed.

  “(3) A party who has a judgment sealed must forthwith serve a sealed copy of the judgment on every other party who has given an address for service.

  “Compare: High Court Rules r 542”.

“549 Contents of notice of appeal

• “(1) Unless the Court otherwise directs, the notice of appeal must—

  • “(a) bear a heading in form 1, referring to the Act under which the appeal is brought and referring to the matter as being in the matter of an appeal from a decision of a tribunal or person (which decision-maker must be named); and

  • “(b) specify the decision or the part of the decision appealed from; and

  • “(c) specify any error of law alleged by the appellant; and

  • “(d) specify any question of law to be resolved; and

  • “(e) specify the grounds of the appeal, which grounds must be specified with reasonable particularity so as to give full advice of the issues involved to—

    • “(i) the Court; and

    • “(ii) the other parties; and

    • “(iii) the tribunal that, or person who, made the decision appealed from; and

  • “(f) specify the relief sought.

  “(2) The grounds of the appeal may be amended by leave of the Court.

  “(3) The notice of appeal must not name as a respondent the tribunal that, or person who, made the decision appealed from.

  “(4) Nothing in subclause (3) limits or affects rule 560(9) (which relates to the entitlement of a decision-maker to be represented and heard).

  “Compare: High Court Rules r 706”.

• “(a) to file both a notice of opposition and the affidavit and to serve copies of them on the plaintiff; or”.

“Working days

“7

• Working day means any day of the week other than—

  • “(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

  • “(b) a day in the period commencing with 25 December in any year and ending with 2 January in the following year.”