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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 asking the court to remove something”

When you want to ask for a removal order, you need to follow certain rules. Even though section 247 says something different, you must make your request according to Subpart 4 of Part 20 of the District Court Rules 2014. You also need to follow any rules made under this section or section 214.

The Governor-General can make extra rules about removal orders. These rules can be about how the District Court handles removal order cases and how to make sections 215 to 221 and Schedule 14 work properly.

Any rules made for removal orders become part of the District Court Rules 2014.

If there aren’t any special rules for removal orders, or if something isn’t covered by those rules, the regular District Court Rules 2014 will be used. These rules will be changed as needed to fit removal order cases.

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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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212: Interpretation, or

“Words used in this part of the law and what they mean”

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214: Scope of rules made under section 213, or

“Rules for handling removal orders and related papers”

Part 8 Regulatory, 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).