District Court Amendment Rules 2024
2024/141
District Court Amendment Rules 2024
Rt Hon Dame Helen Winkelmann, Administrator of the Government
Order in Council
At Wellington this 29th day of July 2024
Present:
Her Excellency the Administrator of the Government in Council
These rules are made under section 228 of the District Court Act 2016—
(a)
on the advice and with the consent of the Executive Council; and
(b)
with the concurrence of the Chief District Court Judge and at least 2 other members of the Rules Committee continued under section 155 of the Senior Courts Act 2016 (of whom at least 1 was a District Court Judge).
Contents
Rules
1 Title
These rules are the District Court Amendment Rules 2024.
2 Commencement
These rules come into force on 1 September 2024.
3 Principal rules
These rules amend the District Court Rules 2014.
4 Rule 5.1A amended (Filing generally)
(1)
Revoke rule 5.1A(6).
(2)
In rule 5.1A(7), replace “subclause (8)”
with “subclause (7)”
.
(3)
Renumber rule 5.1A(7) and (8) as rule 5.1A(6) and (7).
5 Rule 5.43 amended (Change of representation or address for service)
(1)
Revoke rule 5.43(4).
(2)
Revoke rule 5.43(7).
6 Rule 7.4 amended (Second case management conference)
After rule 7.4(1), insert:
(1A)
The second case management conference must, if practicable, be presided over by the same Judge who presided over the judicial settlement conference.
7 Rule 14.2 amended (Principles applying to determination of costs)
(1)
In rule 14.2(1)(f), after “party claiming costs”
, insert “(not being a party acting in person)”
.
(2)
After rule 14.2(2), insert:
(2A)
In subclause (1)(f), party acting in person—
(a)
means a party who is without a solicitor on the record and who represents their own personal interests; and
(b)
includes a party who is a lawyer and who represents their own personal interests.
8 Rule 14.17 revoked (Solicitor acting in person)
Revoke rule 14.17.
9 Rule 20.13 amended (Application of this subpart)
After rule 20.13(1)(q), insert:
(r)
sections 90 and 90A of the Local Electoral Act 2001:
10 Schedule 1 amended
(1)
In Schedule 1, replace the Part 1 heading with “Provisions relating to these rules as made”
.
(2)
In Schedule 1, replace the Part 2 heading with “Table setting out when steps in proceeding are taken”
.
(3)
In Schedule 1,—
(a)
insert the Part set out in Schedule 1 of these rules as the last Part; and
(b)
make all necessary consequential amendments.
11 Schedule 5 replaced
Replace Schedule 5 with the Schedule 5 set out in Schedule 2 of these rules.
Schedule 1 New Part 3 inserted into Schedule 1
Part 3 Provision relating to District Court Amendment Rules 2024
18 Application of principle in rule 14.2(1)(f) to award of costs made to party acting in person
(1)
If an award of costs is made to a party acting in person,—
(a)
the award in respect of the costs incurred by the party before 1 September 2024 is subject to the principle set out in rule 14.2(1)(f) as in force immediately before 1 September 2024; and
(b)
the award in respect of the costs incurred by the party on or after 1 September 2024 is subject to the principle set out in rule 14.2(1)(f) as in force on 1 September 2024.
(2)
In this clause, party acting in person has the meaning set out in rule 14.2(2A).
Schedule 2 Schedule 5 replaced
Schedule 5 Appropriate daily recovery rates
r 14.4
Part 1 Rates where party has solicitor on record
| Category of proceedings (rule 14.3) | Appropriate daily recovery rate ($) | |
| 1 | 1,270 | |
| 2 | 1,910 | |
| 3 | 2,820 |
Part 2 Rates where party acting in person
| Category of proceedings (rule 14.3) | Appropriate daily recovery rate ($) | |
| 1 | 500 | |
| 2 | 500 | |
| 3 | 500 |
Note: In this Part, party acting in person has the same meaning as in rule 14.2(2A).
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the rules but is intended to indicate their general effect.
These rules, which come into force on 1 September 2024, amend the District Court Rules 2014 (the principal rules) to—
amend rule 5.1A of the principal rules to make technical changes:
revoke rule 5.43(4) of the principal rules so that an affidavit of service proving service of a notice of change of representation is no longer required:
amend rule 7.4 of the principal rules to provide that a case management conference convened following a judicial settlement conference must, if practicable, be presided over by the same Judge who presided over the judicial settlement conference:
provide for a party who is acting in person to claim costs at the appropriate daily recovery rate of $500 for all categories of proceedings:
amend rule 20.13 of the principal rules to provide that an application for a recount made under section 90 or 90A of the Local Electoral Act 2001 must be filed as an originating application under subpart 2 of Part 20 of the principal rules.
Date of notification in Gazette: 1 August 2024.
These rules are administered by the Ministry of Justice.