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Appendix C - Changes recommended to the
High Court Rules

C15 REPLACE RULE 293 by the following:

General Discovery—

(1) After a statement of defence has been filed, any party who has filed a pleading may issue, as of course without any application to the Court, an order for discovery.

(2) The Court may, at any stage of the proceeding, make an order for discovery addressed to any party.

(3) An order for discovery shall direct the party to whom it is addressed to give discovery on oath of the documents—

(a) which are or have been in that party’s possession or power; and

(b) which are directly relevant to any matter in question in the proceeding.

(4) A document is directly relevant to a matter in question in the proceeding if it is one—

(a) on which the party giving discovery relies; or

(b) which adversely affects either that party’s own case or another party’s case or supports another party’s case.

(5) An allegation remains in question until it is admitted, withdrawn, struck out or otherwise disposed of.

(6) An order made under this rule is an order to which Rule 277 applies.

(7) A party to whom an order for discovery made under Rule 293(1) is addressed may apply to set such order aside on the ground that it is insufficiently clear from the pleading of the party who has issued the order what are the matters in question in the proceeding.

C16 Replace Rule 294 by the following:

Compliance with Order—

A party required to give discovery by an order for discovery under Rule 293 must give discovery within not less than 28 days (or if he be resident out of New Zealand 42 days) after the day on which the order for discovery is served on that party by filing and serving a list in accordance with Rule 298 verified by affidavit.

C17 Replace Rule 295 by the following:

Modification of general discovery obligation—

(1) The Court may on the application of a party required by an order for discovery under Rule 293 to give discovery, make an order varying that party’s obligation—

(a) by excusing such party from giving discovery of a specified class or classes of document; or

(b) by authorising modes of discovery less expensive or time-consuming than providing such a list enumerating the documents as Rule 298 requires; or

(c) by directing that discovery take place in stages.

(2) The Court may make an order under this rule only if it is satisfied that if it does not do so—

(a) the expeditious disposal of the proceedings will be unreasonably impeded; or

(b) the cost to the party giving discovery of so doing will not be proportionate to the importance of the proceedings or the amount of money involved in the proceedings.

(3) Each party may, at any time, without the need for leave so to do being reserved, apply for an order varying the terms of an order made under this rule on the ground that compliance or attempted compliance with the original terms of the order has revealed a need for reconsideration or that there has been a change of circumstances justifying reconsideration.

C18 Delete Rule 297 and substitute:

Enforcement of order for general discovery—

(1) On an application made under Rule 277 on the ground of default in complying with an order made under Rule 293 the Court, if satisfied that the default was wilful, must make such an order as is contemplated under Rule 277(2)(a) or (b) unless satisfied that there are special reasons why such an order should not be made.

(2) It is a defence to an application made under Rule 277 on the ground of default in complying with an order made under Rule 293 that it is insufficiently clear from the pleading of the party making the application what are the matters in question in the proceeding.

C19 Rule 298(1) delete the words “or Rule 297”. Delete 298(9) and substitute:

(9) The list need not include unmarked copies of listed documents or copies of documents filed in Court.

(10) If a party includes in a list of documents, documents that are not required to be included and the number of such documents is so great as to impede the process of discovery and inspection, the Court may order the party making the list to pay costs to any other party or parties.

C20 Insert new Rule 298A.

Order for particular discovery where general discovery insufficient—

(1) Where it appears to the Court that, notwithstanding compliance by a party with an order under Rule 293, there are in the possession or power of such party further documents that may assist in the just determination of a matter in question in the proceedings, the Court may either order that party to file an additional list of documents in accordance with Rule 298 verified by affidavit or direct a mode of discovery of such documents less expensive or time consuming than providing a list.

(2) The Court may make an order under this Rule only if it is satisfied that if it does so—

(a) the expeditious disposal of proceedings will not be unreasonably impeded; and

(c) the cost to the party giving discovery of so doing will be proportionate to the importance of the proceedings or the amount of money involved in the proceedings.

C21 Rule 305. Add new subclause (2).

(2) Such leave may be granted only if the omission of the document from the list is explained to the satisfaction of the Court and the granting of the leave will not delay the completion of the trial or unduly prejudice the party or parties not at fault.

C22 Rule 307. Add new subclause (3).

(3) The Court may at any time make such order as it thinks appropriate to facilitate efficient inspection, and without limiting the generality of the foregoing may make such order as it thinks fit regulating the manner and order in which documents are to be arranged when produced for inspection and requiring the party producing the documents for inspection to assist in locating and identifying particular documents and classes of documents.

C23 Rule 312. Substitute “299 to 310” for “297 to 310”.