Consultation and Discussion Papers
Current
Case Management and Default Judgment/Formal Proof Reforms
The Rules Committee held a series of case management forums in August and September 2011 and has prepared a draft of the proposed reforms following feedback received from those forums. Please refer to the following consultation paper and draft rules:
The Rules Committee also invites comment on the proposed redraft of the rules relating to default judgments. The idea behind the changes is to implement simplified rules that reflect the current practice, and that define the difference between liquidated and unliquidated demands. Please refer to the following documents:
- Consultation paper on proposed default judgement and formal proof reforms
- Rules in other jurisdictions
The deadline for submissions is Monday 30 January 2012. The sub-committee will consider all submissions and report back at the February 2012 meeting.
District Courts Rules 2009 Reform
The Rules Committee is seeking feedback from affected entities on its proposed changes to the District Courts Rules 2009. The Committee invites submissions particularly from entities outside the legal profession. Please refer to the following documents:
- Consultation paper on District Courts Rules 2009 reform
- Draft District Court (General) Amendment Rules v 2.18
The deadline for submissions is Monday 30 January 2012. The sub-committee will consider all submissions and report back at the February 2012 meeting.
Previous consultations
Time Allocations and Daily Recovery Rates
In July last year 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:
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 are due to be presented at the meeting on 13 February 2012.
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 come into force on 1 February 2012. They can be viewed on the New Zealand Legislation website.
Regarding the consultation process, please refer to the following documents:
- 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. The topic is now being considered by a sub-committee.
Please refer to the following consultation documents:
Making submissions
Any submissions to consultation papers should be directed to the Clerk to the Committee, Dr Caroline Anderson, at rules.committee@justice.govt.nz or posted to the following address:
Auckland High Court
PO Box 60
Auckland
In the interests of increasing communication and transparency, the Rules Committee's policy is now to publish on this website submissions and comments received as part of the consultation process (see Minutes of 13 June 2011).
