Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Removal orders - Application of rules of court

213: Application of District Court Rules to removal orders

You could also call this:

"Rules for applying to remove someone from a place follow District Court rules"

When you make an application under section 215, you must follow the rules set out in Subpart 4 of Part 20 of the District Court Rules 2014. The Governor-General can make new rules for the District Court to follow when dealing with removal orders. These rules are part of the District Court Rules 2014. If there are no special rules, the District Court Rules 2014 apply to proceedings about removal orders, with some changes as needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173888.


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Part 8Regulatory, enforcement, and coercive powers of local authorities
Removal orders: Application of rules of court

213Application of District Court Rules to removal orders

  1. Despite section 247, an application made under section 215 must be made in accordance with Subpart 4 of Part 20 of the District Court Rules 2014 and any rules made under subsection (2) or section 214.

  2. In addition to all the powers conferred by the District Court Act 2016, the Governor-General may, from time to time, by Order in Council, make rules under that Act—

  3. regulating the practice and procedure of the District Court in proceedings relating to an application for a removal order; and
    1. providing for the matters contemplated by, or necessary for giving full effect to, sections 215 to 221 and Schedule 14.
      1. Rules made under the District Court Act 2016 in accordance with this section are part of the District Court Rules 2014.

      2. In the absence of rules made under the District Court Act 2016 in accordance with this section, or in a situation not covered by such rules, the District Court Rules 2014 apply, with all necessary modifications, to proceedings relating to sections 215 to 221.

      Compare
      Notes
      • Section 213 heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 213(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 213(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 213(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 213(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).