Key changes to New Zealand High Court Rules – implications for businesses

The High Court (Improved Access to Civil Justice) Amendment Rules 2025, effective from 1 January 2026, introduce significant reforms designed to streamline litigation, reduce costs, and encourage early resolution. These changes have practical implications for businesses commencing or defending High Court proceedings in New Zealand.

 

Important timing note

The new rules generally do not apply to cases filed before 1 January 2026. However, the Court may apply some or all of the new rules to earlier proceedings if doing so will support fair and efficient resolution. Parties involved in ongoing litigation should therefore be aware that the Court may adopt the new approach even if their case began before 2026.

 

Key implications for businesses

Initial disclosure – front-footing key documents

• Parties must now provide a bundle of core documents (including adverse documents) when filing
• Businesses will need to prepare earlier, ensuring internal document review and strategic alignment before proceedings begin.
• By front-loading disclosure requirements (although less onerous than the current regime) the reform aims to promote transparency and reduce discovery disputes by encouraging earlier assessment of a case’s merits. This approach may discourage litigation altogether or encourage pre-litigation settlement.

Witness statements

• Witness statements will replace briefs of evidence, and are to be filed before the Judicial Issues Conference. The witness statements mut be prepared in the witness’s own words, confined to admissible and relevant matters within personal knowledge, and avoid repetition or document summaries. Non-compliance may result in exclusion and cost orders.

• These changes will require businesses to invest more effort upfront in preparing accurate, compliant witness statements. While this may increase initial preparation costs, it can lead to more efficient litigation, reduced downstream disputes, and greater opportunities for early resolution.

Judicial Issues Conference – mandatory attendance and ADR focus

• A Judicial Issues Conference will occur early in proceedings, and client representatives must attend.
• Parties are expected to engage cooperatively and actively consider alternative dispute resolution (ADR).
• The conference is not merely a procedural formality – parties should be prepared to narrow issues and discuss settlement options with the Judge.

Duty to cooperate – embedded throughout proceedings

• A new overarching duty to cooperate applies to all parties and their legal teams.
• Cooperation is required in areas including preparation for Judicial Issues Conferences, disclosure, and compiling the common bundle of documents.
• Non-cooperation may result in cost penalties or judicial intervention.

Streamlined case management – faster, more efficient litigation

• Standardised timetables and early judicial engagement are intended to reduce delays and procedural complexity.
• Businesses may expect lower litigation costs due to fewer interlocutory disputes and a more efficient path to trial.
• Earlier preparation will be essential, as opportunities for tactical delay will be reduced.

 

Strategic takeaways for boards and legal teams

1. Front-load litigation strategy: identify key documents and commercial issues before filing.
2. Engage early with ADR: mediation or settlement discussions may be prompted by the Court.
3. Ensure internal alignment: legal and commercial teams must support early disclosure and attendance at Judicial Issues Conferences.
4. Budget with confidence: the reforms aim to make litigation more predictable and cost-effective.