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Changes to court and coroner forms on 1 September

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Among a raft of regulatory amendments taking effect on 1 September 2024 are changes to prescribed forms relating to the Supreme Court, District Court and coroners.

Supreme Court

Among other things, the Supreme Court Amendment Rules 2024 replace two forms in sch 1 of the Supreme Court Rules 2004:

  • Form 1: Notice of application for leave to bring civil appeal
  • Form 2: Notice of application for leave to bring criminal appeal

The explanatory note to the amending rules states (so far as relevant):

“There is no change in substance to these forms but the new forms are presented in a format that is easier to follow and identifies more clearly the decision being appealed.”

For Drafting Aide versions of these forms in the Forms & Precedents collection on Westlaw New Zealand, see:

  • SCR01 — Notice of Application for Leave to Bring Civil Appeal
  • SCR02 — Notice of Application for Leave to Bring Criminal Appeal

 

District Court

Among other things, the District Court (Updating References) Amendment Rules 2024 make changes to various forms in sch 2 of the District Court Rules 2014.

Forms revoked:

  • Form 9: Notice of application for proceeding to be transferred to High Court
  • Form 108: Order imposing a fine for assaulting an officer of the court, or for rescuing goods

Form replaced:

  • Form 107: Summons for rescuing goods (previously: Summons for assaulting officer of court or rescuing goods)

Forms amended:

  • Form 5: Third party notice
  • Form 7: Notice to other defendant
  • Form 10: Order transferring proceeding to High Court
  • Form 24: Notice to admit facts
  • Form 30: Application for review of decision to allocate short trial
  • Form 31: Notice to cross-examine witness at simplified trial
  • Form 35: Certificate of judgment/order
  • Form 45: Agent’s authority to sign application
  • Form 49: Application for charging order without notice
  • Form 55: Notice of application for final charging order
  • Form 64: Warrant for recovery of land
  • Form 82: Summons to judgment creditor and bailiff: third party claim hearing involving damages
  • Form 85: Writ of arrest
  • Form 88: Warrant of remand in default of bail being found
  • Form 89: Consent for summary hearing
  • Form 91: Heading for applications, notices, and orders under Harassment Act 1997
  • Form 92: Application for restraining order
  • Form 109: Summons for extortion or misconduct
  • Form 110: Summons for neglect to levy enforcement
  • Form 111: Order for repayment of money extorted, or payment of money levied, and for damages, costs, and fine
  • Form 113: Order fining witness for non-attendance

The explanatory note to the amending rules indicates (so far as relevant) that the forms are amended:

“•  to reflect the changes made by the District Court Act 2016, which replaced the District Courts Act 1947:

“•  to update references to provisions of the District Courts Act 1947 with references to the corresponding provisions in the District Court Act 2016 or other legislation:

“•  to acknowledge that there is now a unitary District Court …”

Drafting Aide versions of the District Court forms are available in Civil Litigation Precedents, Criminal Precedents and Family Precedents on Westlaw New Zealand.

 

Coroners

The Coroners (Forms) Amendment Regulations 2024 amend the (remaining) two forms in the Schedule to the Coroners (Forms) Regulations 2008:

  • Form 6: Search warrant for information, document, or other thing
  • Form 7: Warrant for removal of body

The explanatory note states that the amending regulations:

“… update warrant forms to include references to associate coroners, because warrants may be issued in certain circumstances where specified notices or directions have been issued by associate coroners.”

By Kevin Leary

Kevin Leary is a Senior Legal Editor in the New Zealand Analytical Law team at Thomson Reuters. He has more than 20 years' experience as an editor of bound books, looseleafs, precedents and their digital equivalents.

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