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Current Projects

Last revised 2 December 2019

The Rules Committee continuously reviews the rules in light of national and overseas developments. It monitors Australian and United Kingdom reports and reforms to identify areas where New Zealand could adopt or adapt ideas.  

Below are a number of areas in which the Committee is currently undertaking significant reviews of the rules of practice and procedure.  The list is not exhaustive, and does not refer to the numerous smaller matters of a more technical and detailed nature the Committee regularly addresses (such as out-dated cross-references, apparent typographical errors, and changes to lesser used specialised procedures).

The review process is a perpetual one.  The Committee welcomes comments and inquiries from the profession and the public about existing projects or other concerns relating to procedural rules which it is thought should be brought to the Committee’s attention.

Current Major Initiatives

Promoting access to civil justice

The Committee has been made aware of concerns regarding the costliness associated with bringing a civil claim in the District Court.  These concerns relate to the apparently disproportionate cost of complying with relevant procedural requirements for claims below a given value.  The Committee has also become aware of similar concerns regarding the disproportionately burdensome nature of many procedural requirements in place in the High Court. 

The Committee has determined that it is appropriate to undertake a wide-ranging review of the High Court Rules 2016 and the District Court Rules 2014 in order to ensure that the procedural requirements attaching to each claim are proportionate to the value and complexity of that dispute, while ensuring that the requirements of full fact-finding and procedural justice are met.

The Committee anticipates beginning consultation with the profession and public regarding potential reforms aimed at addressing these concerns in late 2019 or early 2020.

Costs for lay-litigants

The Supreme Court, in its decision in McGuire v Secretary for Justice [2018] NZSC 116, indicated that it may be appropriate for the Rules Committee to reassess the continuing appropriateness of the rule prohibiting the award of costs to successful lay-litigants, and also the exceptions to that rule allowing costs to lawyers appearing in person and in-house counsel.

The Committee has determined that it is appropriate to review these matters, and to consider what new rules of court will be required if the current rules are changed.  

The Committee anticipates beginning consultation with the profession and public regarding potential reforms in this area in late 2019 or early 2020.

Electronic filing in the High Court

The Committee has identified that it would be desirable to ensure that electronic filing is permitted under the High Court Rules 2016 in as many cases as possible.  The Committee is presently consulting with the Ministry of Justice to determine the greatest extent to which allowing electronic filing in more circumstances is currently practicable, having regard to available resources and facilities.  That process is expected to be concluded in early 2020. 

Representative proceedings (suspended)

The Committee has been working to develop rules to "codify" the procedure for commencing and defending a representative proceeding, pending legislative reform in this area.

A draft proposal was published for the purpose of consultation.  A copy of the Committee's consultation paper can be found here. The Committee has considered the feedback it has received to that proposal, and has prepared draft rules for adoption. 

Following the Court of Appeal's decision in Ross v Southern Response [2019] NZCA 431, which significantly altered the common law position regarding representative proceedings, the Committee has decided to suspend work on this area of work until the final disposition of any appeal from that decision.  This is because the Committee's aim in promoting rules reforms in this area is to capture, as opposed to modify, the common law position, and it is desirable that position become settled before any rules are promoted.

Civil practice notes

The Committe is in the final stages of its review of the civil practice notes. As part of that review the Committee has assessing whether the practice notes remain relevant and, if so, whether they should be incorporated into the High Court Rules 2016.

Feedback and Suggestions

The Committee welcomes feedback on any of these or other issues relating to rules relating to the practice and procedure of the Courts. Please direct any comments to the Clerk