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Local Government Act 2002

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

214: Scope of rules made under section 213

You could also call this:

“Rules for handling removal orders and related papers”

Rules made under section 213 can do several things to help with removal orders. These rules can say how to give people removal orders, notices, and other papers. They can also say when it’s okay to leave these papers at the property instead of handing them to someone.

The rules can allow for different ways of giving papers to people if the usual way doesn’t work. They can also say how to let people know about objections to removal orders if those people have a right to object.

These rules can let court clerks (called Registrars) do some jobs that judges usually do. They can also say when cases might be stopped or dismissed, or when someone might not be allowed to argue against a removal order in court.

The rules can create forms for people to use when dealing with removal orders. They can also use some or all of the District Court Rules 2014, either as they are or with some changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173889.

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213: Application of District Court Rules to removal orders, or

“Rules for asking the court to remove something”

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“How to ask the court to make someone change things on their property”

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

214Scope of rules made under section 213

  1. Without limiting section 213(2), rules made in accordance with that subsection under the District Court Act 2016 may—

  2. prescribe the procedure for serving a removal order, notice, and other documents for the purposes of sections 215 to 221 and Schedule 14 (including, without limitation, the circumstances in which service may be effected by leaving a copy of the order, notice, or document at the property to which the order relates):
    1. provide for substituted service, and for service to be dispensed with, in the circumstances that are specified in the rules:
      1. prescribe the circumstances and, if applicable, the manner in which persons entitled to object to a removal order may be served with a copy of notices of objection or other notices or documents in the proceedings:
        1. provide that Registrars may exercise specified powers of the court or a Judge:
          1. provide that proceedings may be stayed or dismissed, that an objection may be struck out, or that a party may not appear at the hearing of an objection to a removal order (whether not at all or only on the terms that the court considers appropriate)—
            1. if certain specified requirements of the rules are not complied with; or
              1. unless certain specified requirements of the rules are complied with; or
                1. if an order made under the rules is not complied with; or
                  1. unless an order made under the rules is complied with:
                  2. prescribe the forms necessary for the purposes of sections 215 to 221 and Schedule 14:
                    1. apply, with or without modification, provisions of the District Court Rules 2014.

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                      Notes
                      • Section 214: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                      • Section 214(g): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).