NEW ZEALAND Law and Practice Contributed by: Shane Campbell and Thomas Westaway, Campbell Westaway
2.4 Stages of Court Proceedings Civil proceedings in the New Zealand High Court are governed by the High Court Rules 2016, as reformed by the New Rules described in 1.3 Key Dispute Reso- lution Trends . The New Rules introduce proportion- ality as the overriding objective under rule 1.2 and embed a general duty to co-operate under rule 1.2A. Proceedings are commenced by the filing and ser- vice of a statement of claim, accompanied by initial disclosure. Under the New Rules, initial disclosure is more demanding, requiring adverse documents of which the disclosing party is aware or has reason- able grounds to believe exist, verified by affidavit. The defendant then files a statement of defence, following which factual witness statements and standardised chronologies are exchanged early, prior to the Judicial Issues Conference (JIC). The JIC is the centrepiece of the New Rules: a man- datory half-day hearing before a judge at which client representatives attend. It addresses ADR options, nar- rows issues, deals with disclosure, and sets directions for expert evidence and trial. Further disclosure after the JIC requires agreement or court order. One expert per topic is ordinarily permitted, and at trial evidence in chief is by witness statement, with oral evidence focused on genuinely contested matters. Timeframes remain a significant concern, with the average wait between a case being ready for hearing and its scheduled date standing at 566 days as of 2024 (627 days in Auckland). 2.5 Confidentiality Court proceedings in New Zealand are governed by the open justice principle. Hearings are generally open to the public, judgments are publicly available, and parties’ names may be published prior to the hearing. Suppression orders may be granted where the inter- ests of justice clearly demand it. Courts may redact commercially sensitive material or, in exceptional cir- cumstances, clear the public from a hearing. Routine procedural matters are heard in chambers. New Zea- land’s approach to court document access is notably broad by international standards, with parties and
members of the public able to apply to access plead- ings and submissions. Certain categories of proceedings are subject to con- fidentiality by statute, including judicial review pro- ceedings concerning commercially sensitive regula- tory decisions. 2.6 Interim Relief New Zealand courts may grant a range of interim rem- edies, including interim injunctions, freezing orders, search orders, and preservation orders. The full treat- ment of interim injunctions, including the without- notice procedure, is described in 6.5 Interim Injunc- tions . In transnational disputes, freezing orders are available where the applicant demonstrates a good arguable case and a real risk that the respondent will dissipate assets. The jurisdiction extends to worldwide assets. Search orders remain rare given their intrusive nature. Preservation orders may be sought to protect property or evidence pending resolution of proceedings. 2.7 Final Relief New Zealand courts may grant a wide range of final remedies in commercial litigation. Damages are the primary remedy, available as of right upon proof of loss. Where inadequate, specific perfor- mance may be ordered, most commonly in disputes involving land or unique goods. Permanent injunc- tions are available to restrain continuing or threatened wrongs. Declarations as to rights or obligations may be granted independently of other relief and have assumed increasing significance in the regulatory and climate litigation context (see 1.3 Key Dispute Resolution Trends ). In equity, an account of profits is available as an alter- native to damages in claims for breach of fiduciary duty or intellectual property infringement, where the defendant’s gain may exceed the plaintiff’s measur- able loss. Restitutionary relief is available to reverse unjust enrichment. Proprietary remedies, including the constructive trust, are of particular importance where a defendant’s insolvency renders them unable to sat- isfy all claims. Contribution between co-defendants
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