The Rules Revision ProjectA Request for SubmissionsThe Rules Committee will be most grateful if you or your organisation will consider the proposed new High Court Rules as presently drafted and make any submissions you consider will be helpful to the Rules Committee, which hopes to consider those submissions at a meeting early in August. Submissions or comments should be made to reach the Clerk to the Rules Committee, Dr Heather McKenzie, by no later than 30 June. Her postal address is:
Clerk to the Rules Committee, High Court, PO Box 60, Auckland.
Her email address is:Rulescommittee@justice.govt.nz The rules and associated documents are accessible from the following links: The Rules Revision Project - an overview [PDF 45kb] "The Rules Revision Project - An overview" was prepared for the Committee by the co-ordinator of the project, Dr Don Mathieson QC, who is happy to answer any questions that those taking part in this consultation may have. Some aspects of the revised rules warrant a special mention at this stage: It will be noticed that Part 5 includes a subpart 15 - E-filing documents. Comment is sought on the proposed procedure at this stage, but please take note that it is quite possible that this subpart will be deleted if the Ministry of Justice advises that cannot cope with the technological and financial implications at this stage. The Law Commission has reported on access to court records. Pending decisions as to whether its recommendations will be adopted, the revised rules merely reflect the present rule 66. It is proposed that there be a Schedule 7. Schedule 6 contains standard directions for appeals in both the present and proposed High Court Rules. Schedule 7 will deal particularly with the standard directions for appeals and references to the High Court by way of case stated. Rule 17.90 is the successor of a series of provisions dealing with the imprisonment of absconding judgment debtors. The questions arise: is this procedure desirable? Is it useful? How often is it used? The Rules Committee is greatly looking forward to the response of the legal profession and of relevant organisations. Much of the philosophy underlying the revision is set out in the Overview document. Once the revised rules are introduced they will govern procedure in the High Court for probably the next 20 or 25 years. Justice David Baragwanath Document Actions |
