Improving Access to Civil Justice: Key updates at a glance
Access to civil justice has been a growing concern in New Zealand. The High Court (Improved Access to Civil Justice) Amendment Rules 2025 will make significant changes to the High Court Rules. The updated rules are intended to address concerns about barriers to civil justice by making litigation more efficient, transparent, and accessible for everyone involved.
If you are considering starting or defending a civil case in the High Court, it is crucial to understand how these changes may affect your case and what you can do to prepare.
Why are the High Court Rules important for civil litigation?
The High Court Rules provide the framework for how civil cases are managed, covering everything from starting a case, exchanging evidence, and how trials will proceed. Following these rules is essential for ensuring your case is heard properly and efficiently.
The updates introduce the central principle that all cases should be resolved in a way that is fair, efficient, and proportionate to the issues at stake. The Court will focus on resolving disputes quickly and at a cost appropriate to the nature of the case. Parties and their lawyers will be required to work together more closely, including having direct discussions about how the case will proceed.
How Will the Process and Timelines for Civil Cases Change?
For most civil cases, there will be a standard timetable for key steps before trial. This includes deadlines for making certain applications, exchanging evidence, and preparing chronologies. The Court will also hold mandatory meetings (called judicial issues conferences) to identify the real issues, discuss possible settlement, and plan the next steps. These meetings are designed to keep cases on track and avoid unnecessary delays.
Why does this matter?
Judicial issues conferences should help parties clarify what's really in dispute, encourage early settlement, and ensure that the case proceeds efficiently.
What Is the New "Disclosure" Process, and How Does It Differ from "Discovery"?
The old "discovery" process is being replaced by "disclosure." From 1 January 2026, parties will need to provide a bundle of documents early in the case. This will include all documents mentioned in their pleadings, any other key documents they plan to rely on, and any documents that could harm their case or help the other side. Parties will be required to take reasonable steps to check for "adverse" documents and explain what they did to find them. This obligation will continue throughout the case, so if new documents come to light, they must be disclosed.
Why the change?
This shift is intended to reduce unnecessary costs and delays by focusing on the most relevant documents early in the process, and to prevent strategies intended to overwhelm the other side.
Can Parties Still Ask for Different Types of Discovery Orders?
No. The existing system, where parties could ask the Court for different types of discovery orders, is being replaced. The focus will shift to initial disclosure, with the option for parties to agree on further document exchange or ask the Court for more if there is a good reason. Judges could order more disclosure if it will help resolve the case fairly and efficiently.
How Will Technology and Cooperation Play a Role?
All document exchange will be electronic by default, and parties will be required to use technology to manage documents efficiently. This will be especially important in cases involving large volumes of emails, messages, or other electronic records. Cooperation between parties will not just be encouraged—it will be strictly required.
Practical tip:
Parties may need to use e-discovery platforms or secure file-sharing tools. If you are less familiar with these technologies, consider seeking early advice or support.
Are There Changes to How Evidence and Expert Witnesses Are Handled?
Yes. There are new requirements for witness statements, which must be in the witness's own words and focused on the real issues. The Court will limit the number of expert witnesses on each topic unless there's a good reason to allow more. Parties will need to co-operate to prepare a single bundle of documents for trial, and there are new rules for how evidence is presented.
Will These New Rules Apply to Cases That Are Already Underway?
The new rules will apply to cases filed after 1 January 2026. However, the Court can decide to apply some or all the new rules to existing cases if it will help resolve the case more fairly or efficiently. This discretion will likely be exercised with fairness in mind, to avoid prejudice to parties in ongoing cases.
Example Scenario
Suppose you are bringing a claim in 2026:
You will need to gather and disclose all relevant documents at the outset, including any that might harm your case. You and the other party will attend a judicial issues conference early on, where the judge will help clarify the real issues and encourage settlement if possible. All documents will be exchanged electronically, and you will need to cooperate closely with the other side throughout the process.
Conclusion
The upcoming changes to the High Court Rules are intended to make civil justice more straightforward, transparent, and cost-effective. If you are considering litigation, it is more important than ever to be organised, proactive, and ready to work constructively with the other side. Early legal advice and good document management will be crucial to navigating the new rules successfully.
If you have questions about how these changes might affect your case, or if you're considering bringing or defending a claim, get in touch with our expert civil litigation team for advice tailored to your situation.
