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Last revised 10 September 2019

Agenda for 23 September 2019 meeting

The agenda for the 23 September 2019 meeting can be found here.

The minutes from previous meetings can be found under the "Committee Minutes" tab.

Access to justice

The Committee has initiated a significant work programme examining how access to civil justice in the District and High Courts might be better ensured through reforms to the rules of court.  This is an ongoing area of work concerning a number of initiatives.  Any person interested in obtaining more information should consult the minutes from previous meetings under the "Committee Minutes" tab.

Costs for litigants in person

Following the Supreme Court's decision in McGuire v Secretary for Justice [2018] NZSC 116, the Committee is considering whether to promote rules reform abrogating the "primary rule" preventing litigants in person and, if so, what alternative measures should be introduced. 

Alternatively, the Committee is considering whether the exceptions to that rule, allowing costs recovery by lawyers appearing in person, should be abrogated.

Representative proceedings

The Rules Committee has completed consideration of the responses it has received to the consultation on representative proceedings, which concluded on 16 November 2018.  A copy of the consultation paper can be found here.

The Committee's focus is on crafting rules that clarify and formalise the procedure for commencing and defending a representative proceeding.  With the Law Commission having reactivated its work in this area in May 2019 the Committee has avoided adopting any reforms that could be considered to change the law or policy governing representative proceedings.

Draft amendment rules have been agreed in principle by the Committee.  These are undergoing final revisions and technical checks, and will be circulated for concurrence and adoption in late 2019.

Time allocations and daily recovery rates

The Committee completed consideration of the responses it received to its consultation on time allocations and daily recovery rates in March 2019.  Based on final changes made at the Committee's meeting of 18 March 2019, the High Court Amendment Rules 2019 were approved in June 2019, and came into effect on 1 August 2019.  The Amendment Rules amended schedules 2 and 3 to the High Court Rules 2016 in order to amend the costs regime, and made a number of other changes to the High Court Rules.

Court of Appeal (Civil) Amendment Rules 2018

The Court of Appeal (Civil) Amendment Rules 2018 came into effect on 1 March 2019. The rules amend the Court of Appeal (Civil) Rules 2005 and modernise the approach to civil procedure in the Court of Appeal.

Supreme Court Amendment Rules 2018

The Supreme Court Amendment Rules 2018 came into effect on 14 June 2018. The rules amended several parts of the Supreme Court Rules 2004.