Change on the Horizon for the High Court Rules

Changes to civil procedure in New Zealand are coming soon following the approval of the High Court (Improved Access to Civil Justice) Amendment Rules 2025. The amended rules have been in development since 2019 and represent efforts to improve access to civil justice and achieve greater efficiency. In this article, we outline some of the key changes those involved in litigation need to be aware of in 2026.

When do the changes come into effect?

The changes to the High Court Rules 2016 come into force on 1 January 2026. (Some changes have already taken place, with the re-introduction of an updated Commercial List on 6 October 2025). The new rules seek to encourage early resolution of cases.

Key changes

1. Evidence First Model

An evidence-first model has been introduced which requires parties to file an extensive bundle of documents with their statement of claim. Parties’ bundles of documents must now include any additional documents they intend to rely on at the trial, and all known adverse material. This aims to reduce the time and cost burden of discovery by ‘front-loading’ the process.

Prior to the first Judicial Issues Conference, parties must also arrange:

a) service of factual witness statements;

b) a draft chronology of events and facts to be served contemporaneously with witness statements;

c) at the same time, providing copies of any documents referred to in a factual witness statement not already disclosed.

The above must be served by the plaintiff within 25 working days of the last pleading or resolution of interlocutories, and within 45 working days by the defendant.

The judiciary has stated that this will allow the parties to understand their own case, and that of the other side, more fully so that the true issues in dispute are better understood at an earlier stage. Expert evidence does not need to be provided at this time, but is one of the matters to be addressed and timetabled at the Judicial Issues Conference (JIC).

2. Judicial Issues Conference

A JIC will be convened for all defended ordinary proceedings unless a judge determines it is not required. A judge may direct that the instructing solicitors, counsel and/or parties attend the conference. JICs will largely replace the current system of case management conferences, although the ability to direct a standard case management conference will remain. The JIC will require parties and counsel to engage on the issues at an early stage. It will be a substantive fixture, rather than a short list appearance or administrative review.

The plaintiff must, no later than 10 working days before the JIC, file and serve:

a) a position paper (explaining the party’s case and what is fairly required to address it)

b) a bundle of the key materials that they wish to refer to at the conference

c) a draft timetable for trial.

The defendant must file (a) and (b) no later than 5 working days prior.

The aim is for the JIC to be a ‘focused enquiry’ which will encourage parties to consider any alternative dispute mechanisms available to them.

3. Changes at Trial

The amendments aim to reduce lengthy and argumentative briefs of evidence and encourage co-operation between counsel. Leading up to trial the parties must finalise and exchange their chronologies so that a merged chronology can be compiled. Parties will also be required to co-operate in the preparation of the common bundle.

The new rules aim to address the issue of civil litigation in the High Court being unduly protracted and expensive. The Judiciary has expressed hope that the changes will encourage parties to focus on the key issues in a dispute so that cases can be resolved expeditiously. While this may mean that parties need to dedicate more time, effort and money at the inception of proceedings, it is likely to pay off in the long run by reducing the likelihood of proceedings being drawn out by procedural delays.

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