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Platinum User Guide

NOTE: Registry staff are not required to give you legal advice- do not accept anything stated without fact checking. Anticipate there will be lots of double handling and challenging so remember if you believe you have complied with filing requirements which they decline YOU HAVE A RIGHT TO REVIEW THE DECISION TO OBTAIN A JUDGEMENT- you can not escalate a registrars decision to the Court Of Appeal- that is exclusively reserved for a Judges minute/ direction.

HIGH COURT Appeals Require:

1. Notice Of Proceedings (form G2 and G3)

2. Notice Of Appeal

3. Affidavit in Support

4. Form G10 (Notice of service)

5. Fee waiver OR $560 for filing.

Judicial Review Require:

1. Notice Of Proceedings

2. Statement of Claim

3. Affidavit in Support

4. Form G10 (notice of saving)

5. Fee waiver or $560 Filing

(swear or affirm affidavits) and then SCAN ALL DOCUMENTS AND FILE ELECTRONICALLY (via email) PRIOR TO PHYSICAL FILING TO PREVENT DOCUMENTS “DISAPPEARING” – an issue all High Courts appear to have “problems” with.

Once you have the notice of call over and court authenticated copies with a CIV number: serve the parties physically with tracking and electronically via their preferred email address.

*The physical “personal service” requires a signature ($3 by NZ Post) then an affidavit of service:

Form G16 (in addition to the cover page and proof of service – email and NZ post confirmation of service:) on https://www.legislation.govt.nz/regulation/public/2016/0225/latest/DLM6953119.html

And “if you’re feeling overwhelmed: https://www.justice.govt.nz/family/family-court/help/general-help-and-services-for-you-and-your-whanau/

To seek a mackenzie friend or support person/ you will be required to ask the courts permission.

5 working days prior to the call over a memorandum is due- (Under High Court Rules r7.3) We suggest you complete the memorandum and serve the respondents at the time of service to save on postage costs if they refuse electronic service:

https://www.legislation.govt.nz/regulation/public/2016/0225/latest/DLM6951589.html

Regarding Fee waivers, do not be overwhelmed by the documents, simply state that you are in financial hardship [you will need to include proof of benefit and likely your accounts for the first application and after that it is a lot easier- just an updated benefit document confirming your status.]

*And the reason the court should accept your fee waiver:

  1. It is in the interests of justice.
  2. It would be in breach of your rights to prevent filing due to discrimination of financial hardship
  3. The matters are of public importance [as any matter of justice is]
  4. *Don’t get carried away with your memoirs- keep it short and factual- this is simply to waive a fee, it is not your application.

Fee waivers for filing HCR 2016 r18

https://www.legislation.govt.nz/regulation/public/2013/0226/11.0/DLM5196163.html

Until you are more experienced in filing, it is best to use the templates provided by the ministry of justice to avoid any “technicalities” for the court refusing to accept your submissions. *BUT MAKE SURE YOU INCLUDE THE MAORI COURT REGISTRY AND NAME TO COMPLY WITH FILING*

COURT OF APPEAL Appeals require:

When you file:

A case on Appeal, decision under appeal and fee waiver or $1100

You will receive a notice of filing, with submissions that will be served on the respondents allowing them 10 BUSINESS days to respond.

(*If the respondents do not have counsel or an email having accepted electronic service you will need to physically serve them in order to proof “personal physical service.”)

AFTER THIS- You will have 3 months to file a case on appeal

*remembering you need to file:

1. security cost waiver, (with a $200 interlocutory filing application)

2. Application for a hearing allocation ($2700)

3. Possibly an interlocutory application for fact discovery or files or transcripts- rely on s14 NZBORA and precedent decision of arder V Worksafe- [2023] NZHC620- justice Mallon.

Case on Appeal must not exceed 10 pages (something Crown Law solicitors regularly forget) and should be factual containing:

  1. Matter on Hand/ Decision Under Appeal
  2. Issues / grounds of Appeal
  3. Legislation/ precedent decisions
  4. Application of the Law
  5. Relief Sought (and law/ precedents relied on)
  6. Conclusion – ideally a summary in your favour based on your case presented.

You also have to prepare two bundles:

  1. 1. A bundle of documents relied on (all documents filed for the appeal including your submissions, affidavits, transcripts and the decision under appeal.)
  2. A bundle of authorities (decisions and case law that supports your case and relief sought.)
  3. You are required to comply with timetabling (no later than 3 months post acceptance of filing) to electronically serve the parties and court- then file a hard copy to the court- ALWAYS retain a physical copy for yourself!