Civil Procedure: District Courts and Tribunals

Civil Procedure: Dsitrict Courts and Tribunals provides consolidated legislation accompanied by practical and insightful section-by-section and rule-by-rule commentary, including case law analysis. With the commencement of the new District Courts Rules on 1 November 2009, our existing text, Brookers District Courts Procedure was significantly revised, and is in effect essentially a new work.

Civil Procedure: District Courts and Tribunals, as it is now called, provides the full text of both the District Courts Rules 2009 and the imported High Court Rules 2008, along with commentary on both, as well as coverage of Tribunals. This is the most comprehensive authority available for civil litigation practitioners on District Courts and Tribunals' procedure.

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Editors



GENERAL EDITOR - District Courts Act & Rules

Roderick Joyce QSO, QC

Judge Roderick JoyceFollowing two partnerships in law firms, Rod commenced practice as a barrister sole in 1975. He was appointed Queen's Counsel 1985. He served as Judge of the District Courts of New Zealand from 1993 until 2014. He was a member of the Rules Committee from 2002 to 2011.

Before his service as a judge, he appeared in a wide range of civil (and criminal) cases at all court levels in New Zealand, and before the Privy Council in London.

He has been actively involved in legal education for the last 20 years. He is currently an Honorary Academic and Teaching Fellow (lecturing in Civil Procedure) at the University of Auckland School of Law; a Continuing Legal Education instructor with the New Zealand Law Society, and Assistant Editor of Thomson Reuters Journal of Civil Litigation and Practice (Australia).

In 2013 he was made a Companion of the Queen's Service Order for services to the judiciary.

GENERAL EDITOR - Tribunals

Peter Spiller BA LLB PhD (Natal) LLM MPhil (Camb) PhD (Cant) PGCTT (Waikato) DRS DSS (CIANZ)

District Court Judge, Chair of the Immigration and Protection Tribunal

Peter SpillerPeter has been a Judge for the past 5 years. Prior to being appointed a Judge, Peter Spiller was Principal Disputes Referee, with oversight of the Disputes Tribunals.

Peter holds the position of Honorary Professor of Law at Waikato University, and has been a law teacher for 38 years. He has written a number of books and other publications, including the New Zealand Law Dictionary and books on dispute resolution, legal history and the Disputes Tribunal.



Authors



Christopher Chapman B.Sc LLM AAMINZ MRAeS, Member Honourable Society of the Inner Temple

Barrister and Solicitor of the High Court of New Zealand

Chris ChapmanChris Chapman is a Wellington barrister practising in commercial litigation and arbitration. He also holds a commercial pilot's licence and is active in aviation law. Before commencing practice as a barrister he was for many years a litigation partner in Buddle Findlay's Wellington office. He has also practised in England as a barrister and as a solicitor.


Christopher LaHatte LLB (Auckland), FAMINZ Med/Arb, MMgt (Dip Res) (Massey), FCIArb

Barrister and Solicitor of the High Court of New Zealand

Christopher LahatteChristopher LaHatte has a diverse legal background and has appeared in most levels of Courts and Tribunals in New Zealand. He graduated from University of Auckland LLB 1977 and was admitted to the bar in 1978. In 2007 he qualified as Master of Management (Dispute Resolution) Massey University.

He has practiced as a barrister in Auckland and overseas, is also a Fellow of the Arbitrators and Mediators Institute of New Zealand (Mediation), and is a Construction Adjudicator and a mediator and arbitrator.


Simon Judd BA/LLB(Hons), LLM(Hons)

Barrister and Solicitor of the High Court of New Zealand

Simon JuddSimon Judd is an Auckland barrister who has practised civil litigation since graduating from the University of Auckland in 1994. He worked in law firms in Auckland and London and as an in house lawyer for one of the large accounting firms in London before commencing practice as a barrister sole in November 2003.


Sean McAnally LLB (Hons)(Otago)

Barrister and Solicitor of the High Courts of New Zealand and the Cook Islands

Sean McAnallySean McAnally commenced practice as a judges' clerk at the High Court in Wellington. At that time he wrote the quarterly updates for what was then the Department for Courts' Sentencing Digest. He then practised as a civil and criminal litigator in the Cook Islands for 12 months.

In 2001 Sean joined the Auckland firm Keegan Alexander and became a partner in 2009. He specialises in commercial litigation with a particular emphasis on corporate insolvency. Sean has written for New Zealand Law Journal on topics such as sentencing, administrative law, statutory interpretation and the conflict of laws.



Specialist Contributors



Andrew Beck BBusSc (Hons) (Cape Town) LLB (Witwatersrand) LLM (South Africa)

Barrister and Solicitor of the High Court of New Zealand

District Courts Act

Andrew BeckAndrew Beck is a Wellington barrister, practicing in the areas of civil, commercial and public law litigation. He is the author of several texts on civil procedure, and a regular contributor to legal journals.


David M. Carden LL.M. FAMINZ (Arb/Med)

Barrister and Solicitor of the High Court of New Zealand

District Courts Rules (Parts 9 & 11)

David CardenDavid Carden has been practising as a barrister in Auckland for more than 40 years. His earlier career focused on advocacy in many areas of civil litigation including in the District Court. He has recently concentrated on dispute resolution processes, arbitrations, mediations and adjudications, resolving disputes by these methods and also litigating issues arising.

David's construction contracts work has been as both advocate and adjudicator. He was an adjudicator under the Weathertight Homes Resolution Services Act 2002 for some 3½ years. He served for a period on the District Courts Rules Committee.

David is a Fellow and current President of the Arbitrators and Mediators Institute of NZ Inc and on its Panels of Arbitrators and Mediators and list of construction contracts adjudicators. He is on the Advanced Panel of Mediators for LEADR NZ.


Patricia McConnell LLB (Auckland)

Principal Tenancy Adjudicator 2002-2007, Chair of the Weathertight Homes Tribunal

Tenancy Tribunal & Weathertight Homes Tribunal

Patricia McConnell was appointed Chief Adjudicator of the Weathertight Homes Resolution Service in December 2006 and became Chair of the Weathertight Homes Tribunal on 1 April 2007. Prior to that she was the Principal Tenancy Adjudicator for five years. She is also the Convenor of the New Zealand Chapter of the Council of Australasian Tribunals (COAT) and the vice chairman of COAT Executive.

Patricia has also worked as a Barrister specialising in alternative disputes resolution and as a Lawyer, both in private legal practice and with Community Law Centres. In addition she worked in the Philippines for two years with a community development organisation and has undertaken project work in Vietnam with the International Labour Organisation.


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