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S e cti o n T w o – c iv il and politi cal rights
New Zealand today
Aotearoa i tënei rä
and District Courts, in the light of national and overseas
developments. The Rules Committee has made significant
contributions, simplifying and streamlining procedures in
The law must be accessible,
the District and High Court, drafting the Judicature (High
intelligible, clear and predictable
Court Rules) Amendment Act 2008 and the District Court
Increasingly, agencies and departments are consulting
Rules 2009. In relation to the new District Court Rules,
with the Legislation Advisory Committee in advance of
the Rules Committee described the need for the change as
framing their legislative proposals, and there is consider-
follows:
able benefit in that
practice. 23
The traditional interlocutory process is
It has been stated that the Parliamentary Counsel Office
cumbersome, time-consuming, and comes at a
strives to “improve access to legislation so that legislation
disproportionate cost to most litigation in the
is drafted as clearly and simply as possible”, and to ensure
District Court… Fundamental to the new rules
that “New Zealand legislation is readily accessible”. 24
The New Zealand Legislation website provides access to
acts, statutory regulations, bills and supplementary order
papers. In 2010 the Legislation Bill was introduced to
Parliament. The purpose of this bill is to modernise and
improve the law relating to the publication, availability,
reprinting, revision and official versions of legislation, and
to bring this law together in a single piece of legislation.
A variety of information and assistance is available
is the principle that litigants in the District
Court should be able to give notice of their
claims and defences simply and economically.
They should be empowered readily, easily and
efficiently to receive and obtain from each
other relevant evidential and documentary
information at the earliest practicable
points. 27
from government and other bodies (such as community
Urgency
law centres) about legal requirements across a range of
As Sir Geoffrey Palmer has observed:
areas. Increasingly, this is available in a range of different
languages.
Law-making should be a solemn and
deliberate business. It ought to permit time
Periodic review of New Zealand’s laws and regulations
for reflection and sober second thought. It
ensures that improvements can be made to enacted
ought to be organised so that people have a
legislation. This is the responsibility not only of
government departments and agencies administering
legislation, but also of specialist bodies. For example, the
chance of knowing what is happening and
making representations about it if they wish. 28
Rules Committee continuously reviews procedural rules
He identified the dangers that flow from the rapid passing
in the Supreme Court, the Court of Appeal, the High Court
of legislation, including lack of time for the public to
23 Palmer G (2006), Law reform and the Law Commission after 20 years – we need to try a little harder, Speech to para 89. Accessible online
at http://www.lawcom.govt.nz/UploadFiles/SpeechPaper/d0c9b674-5a55-405d-9b3c-2cfd467a0d5d//Law%20Reform%20and%20
the%20Law%20Commission%20in%20NZ%20after%2020%20years.pdf
24 Parliamentary Counsel Office, PCO’s Mission and Vision Statements, accessible online at http://www.pco.parliament.govt.nz/
mission-and-vision/
25 http://www.legislation.govt.nz
26 The Rules Committee is a statutory body established by section 51b of the Judicature Act 1908.
27 Rules Committee Information Paper, paras 5 and 7 http://www.courtsofnz.govt.nz/about/system/rules_committee/district-courts-revision/
Rules-Committee-DCR-overview.pdf. The rules provide a streamlined process with a logically staged exchange of relevant information
which is conducive to exploration of settlement. If early settlement is not achieved, a more elaborate ‘information capsule’ exchange
procedure provides adequate foundation for examination of the merits and the parties’ needs and interests at an early settlement
conference. If settlement is not reached, the dispute can be promptly channelled into a form of adjudication proportionate to the case. It is
anticipated the information exchanged by that point will largely remove the current discovery complications and their attendant expense.
28 Palmer G (1987), Unbridled Power ( Auckland: OUP) at 160