District Court changes speed up settlements

A major revision of District Courts Rules will result in a more straightforward and cost-effective way of settling civil disputes.

Courts Minister Georgina te Heuheu says the new process encourages parties to come to an agreement before going to trial.

"This in turn provides better access to justice for those people who require help to settle civil disputes.

"The changes respond to concerns that many claims are abandoned because court processes are complex, time consuming and disproportionate to the size and complexity of the claim.

"Under the proposed changes, the plaintiff and the defendant must exchange information about the facts of the claim, identify documents and witnesses and the remedies sought or offered prior to the Court dealing with the matter.

"This upfront exchange of information is designed to facilitate early settlement of the claim."

Mrs te Heuheu said if the matter proceeded to Court, it would be dealt with by way of short trial or a judicial settlement conference. If settlement was not achieved, the Court might direct the matter to a simplified trial or a full trial.

Because of the simplified plain English forms and straight-forward processes, the number of initial applications is expected to increase.

"However, the number of cases set down for trial and the number of interlocutory applications are expected to reduce because more cases will settle at an earlier stage," she says.

The new rules will take effect on 1 November, 2009. They are similar to the layout and language recently adopted by the High Court.