Information on internal procedure when a High Court civil proceeding is filed
Ben made this Official Information request to Ministry of Justice
The request was successful.
From: Ben
Dear Ministry of Justice,
I recently filed a statement of claim in the High Court. From my perspective, I've paid the fee and the registrar/deputy registrar just needs to allocate a CIV number and put an ink stamp on the documents, including the copy for me.
Obviously there must be other steps that the registrar/deputy registrar needs to take, that are not visible to users like me. I don't know if other people are involved (for example, a judge checking the new claim).
I'm really interested to know what the other steps are. I would like an explanation of the steps that need to be taken when a new civil proceeding is commenced in the High Court (and, if it documented in a manual or procedure, a copy of that documentation).
Yours faithfully,
Ben
From: OIA@justice.govt.nz
Ministry of Justice
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From: OIA@justice.govt.nz
Ministry of Justice
Kia ora Ben,
Thank you for emailing the Ministry of Justice.
So we may assist you, could you please advise which High Court you filed
this with?
We look forward to hearing from you.
Ngā mihi,
Ministerial Relations and Services
Governance and Assurance
Justice Centre I Aitken Street
DX Box SX 10088 I Wellington
[1]www.justice.govt.nz
show quoted sections
From: Ben
Dear [email address],
Sorry for the delay in getting back to you.
It was the Wellington High Court, but if it differs from Court to Court, I'd be interested in hearing about the Auckland, Wellington and Christchurch Courts.
Yours sincerely,
Ben
From: WellingtonHC
Ministry of Justice
Tēnā koe Ben
Your inquiry below has been passed to me respond to. I have set out the
general steps taken by the counter team when they receive a Statement of
Claim.
Documents filed, physically and electronically, are prioritised in order
of receipt and urgency.
General Proceedings & Part 18s
o Administrative checks
o Check that it’s filed in correct registry
o Check that all required documents are filed
o Check that the documents comply with relevant legislation
o Check filing fee is paid
o If rejecting them a letter/email will be sent advising of the issues
and suggest appropriate fixes
o If accepting them
o Enter in to CMS and get file number
o Allocate case manager
o Scan duplicates back to filer and advise case managers contact
details – case manager is copied in.
o Post hard copy duplicates to the filing solicitor
o Make up electronic file
o Make up physical file and refer to case manager
Company Liquidations
o All of the same actions above except a date of first call date is
allocated and the date populated in the Notice of Proceeding.
o Hard copy of duplicates returned to filing solicitor
o Make up electronic file
o Make up physical file and refer to case manager
Fees – if fees have been paid at the front counter using Eftpos, they will
be receipted and a receipt emailed or sent to the filer.
If fees are paid through file and pay a copy of the receipt is saved to
the electronic file and printed for the physical file.
If a fee waiver is filed it will be considered by a deputy registrar and
once a decision is made the required Ministry applications are populated
and a letter of advice generated.
Please come back to me if I can help any further.
Hei konā mai,
Sheena
High Court, Wellington
04 914 3600
[1][email address]
[2]www.courtsofnz.govt.nz
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show quoted sections
From: Ben
Dear WellingtonHC,
Thanks very much for the prompt reply, really interesting.
Yours sincerely,
Ben
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