Online High Court Rules Moving

The High Court Rules will move to a new location on the New Zealand Legislation website, becoming the High Court Rules 2016, when the Judicature Modernisation Bill is enacted, which is expected to be in the near future.

This means that the High Court Rules 2016 will be published as a separate document in the Legislative Instrument series, which will improve access to the rules. However, existing links to the current rules will need updating.

It is important to note that the High Court Rules 2016 are not a new Legislative Instrument, but rather the current rules republished on the NZ Legislation website as a stand-alone document.

Why

The High Court Rules are currently in Schedule 2 of the Judicature Act 1908. They are therefore required to be published as part of that Act.

Because the rules are part of an Act (and are published this way on the NZ Legislation website), some users experience difficulties in finding the rules, and in navigating within them.

How

Two provisions (clauses 144A and 151) have been added to the Judicature Modernisation Bill that will change how the High Court Rules are published, overcoming these problems (assuming the Bill passes its remaining stages with the relevant provisions unchanged).

These provisions:

• continue the High Court Rules as in force on the date of the Royal assent and deem them to be part of what will become a new Senior Courts Act
• require the Chief Parliamentary Counsel to publish the rules, as the High Court Rules 2016, as if they were a Legislative Instrument under the Legislation Act 2012.

The High Court Rules 2016 will therefore be treated as if they were a regular Legislative Instrument, making them easier to find and to navigate.

When

After the new Senior Courts Act (which is part of the Judicature Modernisation Bill) receives the Royal assent, the Parliamentary Counsel Office will have up to 15 working days in which to republish the High Court Rules.While this will be completed as soon as it possible, significant work is involved, and so the rules may not be available in their new location immediately following Royal assent.

Implications for accessing the republished High Court Rules

Many organisations and individuals maintain links (from websites, intranets, desktops, etc) to the rules.These will need updating when the rules are republished.

See the NZ Legislation website for any updates about timing.