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Consultation and Discussion Papers

 

Feedback from the public and the legal profession is an important part of ensuring that the Rules are working well. Readers are invited to offer comments on the Rules and the practices relating to the Rules, and suggestions for substantive change, even when there are no ongoing consultation projects.

 

To contact the Rules Committee please email rules.committee@justice.govt.nz

Current Consultation


Criminal Procedure Amendment Rules 

The Rules Committee is currently seeking submissions on proposed amendments to the Criminal Procedure Rules 2012. The propose changes, for the most part, simply reflect existing practice. The amendments also convert the current Sentencing Practice Note into rules.

A short consultation paper and the proposed amendments are available here.

Please provide submissions by 7 September 2015 to:

Ms Harriet Bush

Clerk to the Rules Committee

Auckland High Court

PO Box 60

Auckland 1010

harriet.bush@justice.govt.nz

 

Previous Consultations

The Rules Committee has actively consulted the profession and public on a range of issues. The most recent completed consultations are set out below:


Access to Court Documents

The Rules Committee is currently considering new rules for accessing court documents in civil and criminal proceedings. The new rules are intended to simplify the procedure for seeking access to court documents and to provide more specific guidance as to the different weight to be given to factors when assessing requests by the public to access court documents depending upon the stage of the proceedings.

A period of consultation was undertaken in May and June 2015. The Committee is currently considering the proposed new rules in the light of the submissions received during this consultation.

The consultation document and proposed new rules are available here.

 

 Without Notice Applications

The Rules Committee has just undertaken consultation on proposed amendments to the rule governing applications without notice. The proposed changes are intended to provide more guidance as to the circumstances in which an application without notice should be made and the substantive requirements for making the applications.

The Committee is currently considering the suggestions raised during the consultation period.

The consultation document and proposed new rule are available here.

 

Reform of the District Court Rules 2009

The District Court Rules 2014 have been finalised and have been made by the Governor-General by Order in Council. The Rules will come into force on 1 July 2014.

These Rules were the result of two consultation periods. Following an initial consultation on the District Court Rules 2009, the District Court Rules sub-committee of the Rules Committee sought feedback from interested parties on the proposed draft District Court Rules 2013. As part of the consultation process, meetings were held at various main centres around the country to discuss the proposed draft District Court Rules.

The relevant consulation paper and draft rules are:

- Consultation paper on the draft District Court Rules; and

- Draft District Court Rules.

Deadlines for submissions on the draft District Court Rules closed on 30 January 2014. A copy of the submissions can be found here.

This followed on from an earlier consulation in 2012. The following documents formed part of the consultation process on the amendment rules:

- Consultation paper on District Courts Rules 2009 reform

- Draft District Court (General) Amendment Rules v 2.18

 

 

 

 

 

 

Electronic Bundle Protocol

 

The Rules Committee has developed an electronic bundle protocol.  This protocol provides an optional framework for the creation of an electronic case bundle that can be used by judges and counsel to manage litigation documents during trial.  The bundle includes those documents in the common bundle as well as pleadings and possibly briefs and key relevant authorities.  A copy of the draft protocol can be accessed by clicking here. 

The electronic bundle protocol was released as a practice note. It can be found here.

 

Criminal Procedure Rules

On 20 February 2012 the Rules Committee issued a paper on the draft Criminal Procedure Rules. 

- Consultation paper on the Criminal Procedure Rules

- Draft Criminal Procedure Rules sent out for consultation 2012

For further information on the current Criminal Procedure Rules see the Criminal Rules Sub-Committee page

 

 

Case Management and Default Judgment/Formal Proof Reforms

After a long period of consultation, the High Court Amendment Rules (No 2) 2012 have been made and the changes to the case management and default judgment rules will come into effect on 4 February 2013.  Please check the New Zealand legislation website (www.legislation.govt.nz), where the new rules have been uploaded.

Please refer to the previous papers and draft rules issued by the Committee:

- Consultation paper on case management reforms 

- Draft High Court Amendment Rules 2012, v 1.9

- Consultation paper on proposed default judgement and formal proof reforms 

- Rules in other jurisdictions

- Draft High Court Amendment Rules 2012 (v 2.2)

 

 

 

Time Allocations and Daily Recovery Rates

In July 2011 the Committee issued a consultation paper on its proposed reforms to the time allocations rules contained within Schedule 3 of the High Court Rules, as well as its regular review of the appropriate daily recovery rates provided for in Schedules 2 of the High Court Rules and District Court Rules.  Please refer to the following consultation paper: Consultation paper on time allocations and daily recovery rates

Four submissions were received from the Profession and were reviewed at the Committee's meetings in October and December 2011.  Revisions to the draft Schedules were presented at the meeting on 13 February 2012 and were passed by an Order in Council on 14 May 2012.  Please go to: http://www.legislation.govt.nz/regulation/public/2012/0093/latest/DLM4448201.html

The changes to the two schedules are being kept under review and the Committee welcomes practitioner comment. 

 

 

Discovery and Electronic Discovery

In 2011 the Rules Committee's reform of the High Court Rules on discovery ended with new draft rules on Discovery being tabled at the 22 August 2011 meeting and approved by the full Committee.  These rules were the result of a substantive consultation process with the Profession. These new discovery rules have now been passed and came into force on 1 February 2012.  They can be viewed on the New Zealand Legislation website.

Please refer to the following documents:

- Comments paper 13 July 2011

- Draft rules on discovery (v 1.18)

- Consultation paper 13 December 2010

- Draft rules on discovery accompanying 2010 consultation

- Sample list of documents accompanying 2010 consultation

- Sample joint memorandum for case management conference accompanying 2010 consultation

 

Company Representation

In July 2011, the Rules Committee sought comment and feedback from the profession on introducing rules to govern the issue of company representation in court proceedings.  Feedback was sought by 3 August 2011.

Please refer to the following consultation documents:

- Request for comments paper

- Draft rules on company representation

  

Making submissions

Any submissions to consultation papers should be directed to the Clerk to the Committee at rules.committee@justice.govt.nz or posted to the following address:

 

Auckland High Court

Cnr Waterloo Quadrant & Parliament St

PO Box 60

Auckland


In the interests of increasing communication and transparency, the Rules Committee may publish on this website submissions and comments received as part of the consultation process (see Minutes of 13 June 2011).

 

 

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