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Senior Courts Act 2016

Rules of court and miscellaneous provisions - Rules of practice and procedure

146: High Court Rules

You could also call this:

"Rules for How the High Court Works"

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The High Court has rules that say how it works in civil cases. These rules are called the High Court Rules. They can be changed by other rules made under section 148. If there is a problem with the rules, the court can decide what to do. The court can make decisions on its own or when someone asks it to. You can find more information about this in section 148 and the Contempt of Court Act 2019. The High Court Rules must follow some other rules and laws, like sections 10, 40 to 43, and 148 to 155.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759503.

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Part 6Rules of court and miscellaneous provisions
Rules of practice and procedure

146High Court Rules

  1. The practice and procedure of the High Court in all civil proceedings is regulated by the High Court Rules.

  2. The High Court Rules are subject to any other rules that are made under section 148 that regulate the practice and procedure of any senior court in any class of civil proceedings.

  3. If any provision of the High Court Rules or of any rules made under section 148 restricts or excludes the application of any provisions of the High Court Rules, the provision giving effect to the restriction or exclusion has effect according to its terms.

  4. If in any civil proceedings any question arises as to the application of any provision of the High Court Rules or of any rules made under section 148, the court may, either on the application of any party or on its own initiative, determine the question and give any directions that it thinks fit.

  5. Subsection (1) is subject to—

  6. subsections (2) to (4); and
    1. sections 10, 40 to 43, 148 to 155, 162, 172, 176, and 181; and
      1. the Contempt of Court Act 2019.

        Compare
        Notes
        • Section 146(5)(b): replaced, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).
        • Section 146(5)(c): inserted, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).