Consultation and Discussion Papers
Current
Supreme Court Amendment Rules 2008
Rules Committee consultation paper on Supreme Court Amendment Rules 2008
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Access to court records rules
The Rules Committee is seeking comments on its proposed rules for access to court records in civil proceedings in the High Court and in indictable criminal proceedings in both the High Court and District Court.
Two sets of draft consultation rules have been prepared: the High Court (Access to Court Documents) Amendment Rules 2008 and the Criminal Proceedings (Access to Court Documents) Rules 2008.
Please find three documents accessible at the following links:
An explanatory consultation paper
High Court (Access to Court Documents) Amendment Rules 2008
Criminal Proceedings (Access to Court Documents) Rules 2008
The consultation paper does not seek to limit the ambit of submissions, and the Committee welcomes comments on any area related to the access rules.
Please submit comments to the Clerk, Dr Heather McKenzie, by 3 June 2008. Her contact details are:
Clerk to the Rules Committee
P.O. Box 60
Auckland
Ph. (09) 916 9642
Heather.McKenzie@justice.govt.nz
Hon Justice Fogarty
Chairman of the Rules Committee 29 April 2008
Previous
Court of Appeal (Civil) Amendment Rules 2007
The draft Court of Appeal (Civil) Amendment Rules 2007 are presented for consideration in response to earlier consultation on costs in the Court of Appeal. Their content, however, extends beyond costs.
Please find two documents accessible from the following links:
Consultation paper; and
Draft Court of Appeal (Civil) Amendment Rules 2007
We are particularly interested in comments on the substantive content of the Rules. With respect to form, drafting will be revised where necessary by Parliamentary Counsel Office.
Please submit any comments on the proposed draft by no later than 26 September 2007. Submissions should please be sent to Justice Chambers’s clerk, Colin Fife. His email address is: Colin.Fife@justice.govt.nz.
While originating from the Court of Appeal, this consultation is being undertaken together with the Rules Committee.
Judges of the Court of Appeal
29 August 2007
Previous
Class action consultation paper
The Rules Committee is inviting submissions on its consultation paper regarding class actions. Without constraining the submissions in any way, comments are invited as to:
1. Whether there is any need for reform;
2. If so, whether preference is for remedial reform of the rules governing representative actions (the "opt in" procedure) or a class action procedure (the "opt out" procedure); and
3. If a class action procedure is to be considered, should New Zealand adopt the Australian model, or design its own?
Clerk to the Rules Committee
Auckland High Court
P.O. Box 60
Auckland
Rulescommittee@justice.govt.nz
Recovery of Costs in the Court of Appeal
The purpose of this consultation paper is to solicit submissions on proposed changes to the costs regime under the Court of Appeal (Civil) Rules 2005.
Currently, costs awards are made according to the court’s broad discretion to make any orders that seem just concerning the whole or any part of the costs and disbursements of an appeal or an application for leave to bring an appeal. In general, the court applies a standard rate for the hearing, which includes a contribution towards the costs of preparation. However, there are concerns that such an approach does not adequately reflect the relative complexity involved in some cases in terms of preparation and argument. The committee wishes to make the amount of costs more proportionate to the nature of the dispute and the complexity of the proceedings, while retaining the predictability of the current costs regime.
The committee invites submissions on the best structure and content of a new costs regime that takes into account the issues identified in this paper.
Submissions are due Thursday 1st March 2007.
Changes to the recovery of costs in the High Court Rules
The purpose of this consultation paper is to gather submissions from the profession on specific changes to the current costs regime under the High Court Rules.
Submissions are invited on two proposals. The first, proposes changing the way preparation costs are recovered and removing the link between preparation costs and hearing time for appeals, reviews of decisions of associate judges, interlocutory applications and summary proceedings.
The second proposes clarification of the principles around the recovery of expert witnesses’ expenses. In particular the Committee seeks comment on whether it is appropriate for judges to determine the reasonableness of an expert witness’ expenses, and whether recovery of expert witnesses’ expenses should be partial or full recovery.
Submissions are due Thursday 1st March 2007.
Leave to Appeal interlocutory orders or decisions
A consultation paper seeking submissions on whether a requirement to seek leave to appeal interlocutory decisions or orders should be introduced into the current civil procedure regime.
The paper is primarily a concept paper. There are no immediate plans by the Rules Committee to introduce a leave requirement.
The deadline for submissions was Monday 26th June 2006.
A consultation paper seeking submissions to a proposal to introduce changes to the current costs regime under the High Court Rules. The proposed changes seek to allow the courts to award costs on specific and multiple issues instead of the current “winner takes all” approach.
The paper is primarily a concept paper. There are no immediate plans by the Rules Committee to change the current approach to costs.
The deadline for submissions was Monday 26th June 2006.
Proposed Amendments to rule 82 of the High Court Rules 1 November 2005
A consultation paper seeking responses to the proposed amendments to High Court Rule, r 82. These changes are a result of statutory changes introduced by the Criminal Procedure (Mentally Impaired Persons) Act 2003 and Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.
The deadline for submissions was 23rd January 2006.
District Courts Claims follow-up paper 18 April 2005(pdf)
Appendix A
Appendix B
A paper drafted by the District Court Claims Sub-committee in response to submissions on the first consultation paper released by the Rules Committee on 23 August 2004.
High Court Amendment Rules 2005 - 29 March 2005 (pdf)
A paper seeking responses to the following proposed amendments to the High Court Rules:
- Amend rule 3 to ensure that when the term "working day" is used in judgments and other documents it has the same meaning as the defined term "working day";
- Insert rules governing notice of intention to speak Mäori in proceedings;
- Amend HCR 107 relating to the Terrorism Suppression Act 2002;
- Introduce skeleton arguments for defended interlocutory applications;
- Re-title and reword r 512 concerning affidavits in a foreign language;
- Add new and amended rules for the entry as judgment of arbitral awards; and
- Amend the third schedule to introduce a new category for costs in proceedings relating to statutory demands and removal or continuation of caveats.
Court of Appeal Criminal Amendment Rules 2004 and Court of Appeal Civil Rules 2004
- 7 October 2004 (pdf)
A consultation paper seeking responses to the proposed amendments to the Court of Appeal (Criminal) Rules 2001 and the redrafting of the Court of Appeal (Civil) Rules 1997 to form the Court of Appeal (Civil) Rules 2004. These changes incorporate the respective practice notes and, in relation to the civil rules, adopt some procedures from the Supreme Court Rules.
High Court Amendment Rules 2004(pdf) andDistrict Court Amendment Rules 2004 (pdf)- in force 1 November 2004
Summaries of the changes introduced by these amendment rules.
District Court Claims paper - 23 August 2004(pdf)
A consultation paper seeking responses to the claims regime proposed in the District Court Claims paper written by the District Court Claims Sub-Committee. The paper proposes a radical new approach to district court claims, upon which the consultation document invites comment. There are no rules for review given the nature of the document.
A consultation paper seeking responses to the proposed amendments to the District Court Rules 1992 relating to the costs regime and the rules of admiralty. The costs regime picks up on changes to High Court costs, and introduces a general discretion guided by principles; daily recovery rates and a schedule of fees; allowance for increased costs, indemnity costs and refusal or reduction in costs; the effect of Calderbank letters; provision for disbursements and transitional provisions. Click here for the proposed costs rules. The admiralty rules align the rules for this jurisdiction more closely with the existing district courts rules.
A consultation paper seeking responses to the proposed amendments to the District Court Rules 1992, pursuant to the Construction Contracts Act 2003 and Weathertight Homes Resolution Services Act 2004. The rules stipulate the procedures to be taken following an adjudicator's determination under the Construction Contracts Act; and establish the process for the enforcements of an adjudicator's award and transfer of proceedings under the Weathertight Homes Resolution Services Act.
A consutation paper seeking feedback on proposed amendments to the High Court Rules, District Court Rules 1992 and the Court of Appeal (Civil) Rules 1997. The most significant of the proposed amendments concern the discovery process in the High Court Rules. Other proposed amendments concern various topics, including: payment into to court; swearing of affidavits; costs in bankruptcy proceedings; and the time for appeal to the Court of Appeal.
Addendum to Rules Committee Consultation Paper
Supreme Court Rules 2004 - 22 April 2004(pdf)
A consultation paper seeking responses to a draft of the proposed Supreme Court Rules. The paper highlights particular issues considered by the Rules Committee concerning time limits for leave to appeal; cross appeals; security for costs; time limits for filing submissions; costs in criminal appeals; vexatious applications; and forms. The rules came into force 1 July 2004.
High Court Amendment Rules 2003 (pdf)
A paper summarising the High Court Amendment Rules 2003, which came into force on 24 November 2003. The High Court Amendment Rules 2003 introduce a new interlocutory regime, revise and codify case management practice, provide templates for trial directions, and modify procedures for appeals to the High Court. They consistitute the most significant reform of the Rules since the High Court Rules were enacted in 1986.
A consultation paper prepared by the Rules Committee on interlocutory orders, case management, and other miscellaneous technical changes.
A consultation paper prepared by the Rules Committee on court opening hours, authority to file documents, procedures for dealing with "incapacitated persons", non-suit and discontinuance, and disbursements. The resulting regulations are the High Court Amendment Rules (No 2) 2002 and District Courts Amendment Rules (No 4) 2002.
A consultation paper prepared by the Rules Committee on expert evidence, change of representation or address for service, defamation, habeas corpus proceedings, review of decisions of Masters and other miscellany. The resulting regulations are the High Court Amendment Rules 2002 and District Courts Amendment Rules 2002.
ADR Fees as Disbursements - 17 August 2001(pdf)
A preliminary consultation paper prepared by the Rules Committee on whether parties should be allowed to recover the fees associated with alternative dispute resolution processes.
Rules for Wasted Costs - 26 July 2001(pdf)
A preliminary consultation paper prepared by the Rules Committee on making a rule for wasted costs awards against barristers and solicitors.
The Award of Costs to Unrepresented Lay Litigants(pdf)
A discussion paper prepared by the Rules Committee on allowing unrepresented lay litigants to recover party costs.
Expert Witnesses - 17 July 2001(pdf)
A second discussion paper prepared by the Rules Committee on expert witnesses with recommended rules.
High Court Costs Regime - 9 November 1999 (pdf)
An explanatory paper prepared by Justice Robert Fisher on the new costs regime.
The committee relies heavily upon input from judges, practitioners, and other interested persons. Comments and suggestions about the rules and the committee's work are welcomed.
