✨ Amendments to Civil Procedure Rules
Mar. 26.] THE NEW ZEALAND GAZETTE. 537
“188E. Nevertheless the Court may if it thinks fit require verification by notarial certificate or the certificate of a British Minister or Consular Officer or by such evidence or means as the Court may think fit of any one or more of the following matters:—
“(a) The seal or signature of the person before whom the affidavit or affirmation was sworn or made;
“(b) The fact that such person was lawfully authorized to administer oaths in such country;
“(c) The fact that no British Minister or Consular Officer was conveniently available;
“(d) The fact that by the law of the foreign country a British Minister or Consular Officer is not allowed to administer an oath.
“188F. For the purposes of Rules 188 to 188E hereof “British Minister” includes an Ambassador, Envoy, Minister, Chargé D’Affaires, and Secretary of Embassy or Legation; and “Consular Officer” includes a Consul-General, Consul, Vice-Consul, Acting Consul, Pro-Consul, and Consular Agent.”
(d) Rule 319 is amended by deleting the words “six months after judgment has been signed in the action,” and substituting the following words: “six months after such order has been sealed.”
(e) The Code is amended by inserting therein following Rule 414 thereof the following additional rule:—
“414A. Except where express provision is made to the contrary, relief sought by petition shall be obtained by moving upon the petition for an order in terms of the prayer of the petition or for such other order as the Court may consider proper. Such motion shall be set down and moved in manner and time hereinbefore provided, and notice thereof if necessary shall be served in accordance with the foregoing provisions of this part.”
(f) The Code is amended by inserting therein following Rule 417 thereof the following additional rule:—
“417A. Any order made by a Judge sitting in Chambers (except Chambers for Court) shall be either (a) personally signed by the Judge who made such order, or (b) signed by the Registrar under the Registrar’s seal of office. In every case the form of order shall be headed with the words ‘In Chambers’ and contain the words ‘it is ordered by,’ followed by the name of the Judge making such order.”
(g) Rule 466 is amended by inserting therein after the words “under Rule 464” the following words: “or Rule 465.”
(h) The Code is amended by inserting following Rule 466 thereof the following additional rules:—
“466A. Any person claiming the issue of a writ of certiorari in cases not falling within the provisions of Rule 465 may in his discretion, but without prejudice to his right to adopt any other form of procedure, follow the procedure set out in Rule 466.
“466B. In a statement of claim under Rule 466 a claim may be made for more than one of the special forms of relief referred to in Rules 466 and 466A.”
(j) Rule 467 is amended by deleting the words “under the last preceding rule,” and substituting the following words: “under Rules 466 and 466A.”
(k) Rules 468 and 468A are revoked, and the following substituted:—
“468. (a) Every such motion shall be made in manner hereinbefore provided as to motions generally subject to the succeeding clauses of this rule.
“(b) Every such motion shall be made upon notice except in cases falling within paragraphs (a) and (c) of Rule 396.
“(c) When notice of motion is served upon any person there shall be served therewith a copy under the seal of the Court of the statement of claim and a copy of every affidavit filed in support of the motion.
“(d) If by reason of the exigency of the case the provisions of Rule 395 cannot be complied with such notice must be given as the exigency of the case will allow, but the Court shall only hear the said motion at the time stated in the notice if satisfied that the exigency of the case so requires.
“(e) Any party or person against whom an order has been made ex parte or without full notice having been given may at any time move to rescind such order, and the foregoing provisions of this rule shall apply, mutatis mutandis, to a motion for rescission.
“(f) The Court on the hearing of any motion including a motion for rescission may adjourn the hearing and direct that any other
Next Page →
PDF embedding disabled (Crown copyright)
View this page online at:
VUW Te Waharoa —
NZ Gazette 1936, No 25
NZLII —
NZ Gazette 1936, No 25
✨ LLM interpretation of page content
⚖️
Amendment to the Code of Civil Procedure under the Judicature Act, 1908
(continued from previous page)
⚖️ Justice & Law Enforcement18 March 1936
Judicature Act, 1908, Civil Procedure, Supreme Court, Rules Amendment