3636
THE NEW ZEALAND GAZETTE.
[No. 84

Companies (Winding-up) Rules.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 20th day of November, 1934.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the power and authority conferred on him by section two hundred and eighty-five of the Companies Act, 1933, and of every other power and authority in this behalf enabling him, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and with the concurrence of the Right Honourable the Chief Justice, and of five of the other members of the Rules Committee constituted under the Judicature Amendment Act, 1930 (three of such other members being Judges of the Supreme Court), doth hereby make the rules set out hereunder for carrying into effect the objects of the Companies Act, 1933, so far as relates to the winding-up of companies, and doth hereby revoke the rules for winding up companies made under the Companies Act, 1882, on the twenty-eighth day of November, one thousand eight hundred and eighty-seven, and added to the Code of Rules under the Supreme Court Act, 1882, by Order in Council dated the sixth day of December, one thousand eight hundred and eighty-seven, and doth hereby declare that this Order in Council shall come into force on the date of its publication in the Gazette.

RULES.

PRELIMINARY.

Short Title.
Companies (Winding-up) Rules, 1929, r. 227 (Imperial)
Interpretation.
Imp. r. 2

1. These rules may be cited as the Companies (Winding-up) Rules, 1934.

2. In these rules, unless the context or subject-matter otherwise requires,--

“ The Act ” means the Companies Act, 1933 :

“ The company ” means a company which is being wound up, or against which proceedings to have it wound up have been commenced :

“ Court ” means the Supreme Court, and includes a Judge thereof :

“ Judge ” means a Judge of the Supreme Court :

“ Proceedings ” means the proceedings in the winding-up of a company under the Act.

“ Registrar ” means the Registrar of the Supreme Court at the place where any proceeding is had or taken under these rules, and includes a Deputy Registrar of such Court :

“ Registry ” means the registry of the Supreme Court in which any proceeding is had or taken under these rules :

“ The rules ” means these rules, and includes the prescribed forms.

Application of rules.
Imp. r. 1

3. Subject to the limitation hereinafter mentioned, these rules shall apply to the proceedings in every winding-up under the Act of a company which shall commence on or after the date on which these rules come into operation, and they shall also, so far as practicable, and subject to any general or special order of the Court, apply to all proceedings which shall be taken or instituted after the said date, in the winding-up of a company which commenced before the said date. Rules which from their nature and subject-matter are, or which by the head lines above the group in which they are contained or by their terms are made applicable only to the proceedings in a winding-up by the Court, or only to such proceedings and proceedings in a creditors’ voluntary winding-up shall not apply to the proceedings in a voluntary winding-up, or, as the case may be, in a members’ voluntary winding-up, whether any such voluntary winding-up is or is not being continued under the supervision of the Court.

Use of forms in First Sched.
Imp. r. 3 (1)

4. The forms in the First Schedule hereto, where applicable, and where they are not applicable forms of the like character, with such variations as circumstances may require, shall be used. Where such forms are applicable any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the Court shall otherwise direct.