The High Court (Improved Access to Civil Justice) Amendment Rules 2025 introduce major changes to the High Court Rules – in force from 1 January 2026. The new regime changes how ordinary proceedings will progress in the High Court in three key ways:
- An “evidence first” model has been introduced. This requires the parties to file their factual evidence early in the life of an ordinary proceeding and enhances the initial disclosure that is required by the parties at the outset. The amendments are aimed at reducing interlocutory skirmishes and further disclosure.
- The previous case management regime is largely repealed and replaced by a Judicial Issues Conference (JIC) which is intended to be a requirement for all ordinary proceedings. It will take place once the parties have filed their factual witness statements. The parties will be expected to engage with a Judge on what the case is about, the key issues, and what is required to fairly determine it.
- At trial there will be a greater focus on the contemporaneous documents, which can come before the Court without being referred to by a witness, rather than the evidence of witnesses traversing all the background to a case. This is expected to reduce the length of witness statements.
These amendments are significant – they introduce a proportionality test into the overriding objective for the just resolution of proceedings and impose a general duty on parties and counsel to co-operate with each other according to the overriding objective.
“These reforms ask parties to do the hard thinking earlier—about evidence, documents, and the real issues. The practical effect is a stronger push toward proportionate steps that match the size and complexity of the dispute. That makes it imperative for practitioners to have the latest information and commentary at their fingertips, so they can support clients with the best advice from the outset.“ Jason Bull, BA LLB, Senior Legal Editor, Thomson Reuters
McGechan on Procedure – updates supporting the reforms
The McGechan authors have prepared new and extensive commentary for the key changes and provisions, and these will be invaluable to civil litigation practitioners:
- An overview of new part 6A (Overview of steps in ordinary proceedings).
- Extensive commentary on the major changes to:
- part 7 (Case management, interlocutory applications, and interim relief),
- part 8 (Disclosure and interrogatories),
- part 9 (Evidence).
See the McGechan What’s New on Westlaw New Zealand for the full list of new and updated commentary.
For the transitional period, the former provisions and commentary remain available in Westlaw New Zealand. In the table of contents, see: High Court Rules 2016 – “High Court Rules (Historic version as at 31 December 2025)”
“The 2025 amendments mark a real shift in how civil procedure will be conducted in the High Court: earlier evidence, earlier judicial engagement with the issues, and a clearer focus on what is genuinely needed to determine the proceeding fairly. Practitioners will get the best results by adapting their preparation and strategy from day one—and that depends on having the latest information and expert commentary to guide decision-making, manage risk, and support clients with the best advice throughout the proceeding.” Jason Bull, BA LLB, Senior Legal Editor, Thomson Reuters
Civil Litigation Workflows – updated for the 2025 reforms
These Workflows have been extensively updated to reflect the changes by the High Court (Improved Access to Civil Justice) Amendment Rules 2025. The 2025 reforms have made significant changes to part 7 (Case management), part 8 (Disclosure and interrogatories) and part 9 (Evidence) of the High Court Rules 2016 and introduce a new part 6A – overview of steps in ordinary proceedings.
The Civil Litigation Workflows have new and extensive commentary for the key changes and provisions. Proceedings in the District Court and High Court now differ in many respects due to the new High Court case management procedures and new disclosure regime (the District Court has retained its case management and discovery procedures). These changes and nuances are now all helpfully reflected in the Workflows commentary and will be invaluable to civil litigation practitioners.
Civil Litigation Precedents – revised forms and guidance
The practical commentary, authored precedents and prescribed forms in Civil Litigation Precedents have been reviewed and updated for the reforms that commenced on 1 January 2026. These reforms have inserted new pt 6A (overview of steps in ordinary proceedings), made significant changes to pts 7, 8 and 9, amended forms G 2, G 12 and G 37, and added a new form G 41.
What’s next: Te Au Reka
Te Au Reka is the Ministry of Justice’s new digital case flow management system that will help to transform the administration of courts in New Zealand. It is a joint initiative of the judiciary and Ministry. The Family Court will be the first to use Te Au Reka from July 2026, with the District Court and High Court to follow. Watch this space!
The High Court (Improved Access to Civil Justice) Amendment Rules 2025 was published on Westlaw NZ during week of 15 December, in advance of the 1 January 2026 commencement date. For the most up to date civil litigation information and commentary, subscribe to Westlaw New Zealand.
Thanks to Jason Bull, Senior Legal Editor and the Expert author team:
McGechan on Procedure
Jessica Gorman – Policy Advisor (Legal), Department of the Prime Minister and Cabinet, Wellington
Stephanie Grieve KC – Barrister, Plymouth Chambers, Christchurch
Justice Jason McHerron – High Court, Wellington
Justice Robert Osborne – High Court, Christchurch
Nicholas Wood – Special Counsel, Chapman Tripp, Wellington
Specialist contributors:
Judge Philip Rzepecky – District Court, Whangarei (Admiralty)
Greg Kelly – Consultant, Greg Kelly Law (Probate)
Civil Litigation Precedents author
Anna Singleton – Barrister, Woodward Street Chambers
Civil Litigation Workflows author
Nicholas Wood – Special Counsel, Chapman Tripp, Wellington
Other articles in The Expert’s Edge series include: Current Civil Litigation insights, Current Employment insights, Current Aviation and Space insights, Current Criminal insights and Local Government insights.
