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New Zealand civil and employment procedure

When is the deadline for application to set aside discontinuance (high court)?

25 working days after discontinuance. Apply to set aside the discontinuance as an abuse of process. The court must be satisfied that the discontinuance is an abuse of process. An application is a procedural option, not an automatic reversal.

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Period
25 working days after discontinuance
Trigger
Actual discontinuance under rule 15.19
Rule
High Court Rules 2016, rule 15.22
High Court Rules 2016, rule 15.22

High Court Rules 2016 maintained consolidation displayed as at September 4, 2026. Complete official body retained in native Chrome. Later amendments and case-specific directions require renewed review.

Source guide · No automated date

Check the applicable procedure

High Court Rules 2016, rule 15.22. 25 working days after discontinuance. The court must be satisfied that the discontinuance is an abuse of process. An application is a procedural option, not an automatic reversal. This source guide requires the actual procedural branch, event and applicable completion facts before a final date can be established. No computed date or paid record is available.

High Court Rules 2016, rule 15.22

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When is the deadline for application to set aside discontinuance (high court)?

25 working days after discontinuance. Apply to set aside the discontinuance as an abuse of process. The court must be satisfied that the discontinuance is an abuse of process. An application is a procedural option, not an automatic reversal.

Responsible actor. The defendant affected by discontinuance.

Actual discontinuance under rule 15.19.

The court must be satisfied that the discontinuance is an abuse of process. An application is a procedural option, not an automatic reversal.

The court must be satisfied that the discontinuance is an abuse of process. An application is a procedural option, not an automatic reversal.

High Court Rules 2016, rule 15.22

How does this provision count time?

  1. Apply to set aside the discontinuance as an abuse of process.
  2. Retain the actual event and evidence of completion.
  3. Check the operative source and any applicable order before relying on a period.

High Court Rules 1.3 and 1.17 define working days and exclude the reference event day for rule periods. Rule 1.17(3) preserves statutory reckoning.

Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval.

High Court Rules 2016, rule 15.22

Which facts prevent one automatic date?

High Court Rules 2016, rule 15.22. 25 working days after discontinuance. The court must be satisfied that the discontinuance is an abuse of process. An application is a procedural option, not an automatic reversal. This source guide requires the actual procedural branch, event and applicable completion facts before a final date can be established. No computed date or paid record is available.

ResultRead the operative provision and establish the applicable branch.

The defendant affected by discontinuance establishes the relevant event. Actual discontinuance under rule 15.19. 25 working days after discontinuance. Apply the identified source branch. This illustration supplies no final date.

The procedure has a potentially different branch or direction. The court must be satisfied that the discontinuance is an abuse of process. An application is a procedural option, not an automatic reversal. Resolve the specific branch before treating the ordinary period as applicable. No final date is supplied.

The event, required act or completion facts are missing. Apply to set aside the discontinuance as an abuse of process. Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval. Withhold a computed deadline and paid record. Preserve the unresolved fact instead of assuming an endpoint.

Which conditions and exceptions apply?

Actual procedural event
Actual discontinuance under rule 15.19.
Required act and branch
Apply to set aside the discontinuance as an abuse of process. The court must be satisfied that the discontinuance is an abuse of process. An application is a procedural option, not an automatic reversal.
Completion qualification
Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval.
High Court Rules 2016, rule 15.22
  • The court must be satisfied that the discontinuance is an abuse of process. An application is a procedural option, not an automatic reversal.
  • This procedure concerns apply to set aside the discontinuance as an abuse of process. Compare the related procedures for their own actor, event and required act. Their periods do not replace this provision.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for application to set aside discontinuance (high court)?

Who takes the step for high court application to set aside discontinuance?

The defendant affected by discontinuance. Apply to set aside the discontinuance as an abuse of process.

High Court Rules 2016, rule 15.22

What event matters for high court application to set aside discontinuance?

Actual discontinuance under rule 15.19. Retain evidence of that event rather than substituting a convenient document or hearing date.

High Court Rules 2016, rule 15.22

What period does the source state for high court application to set aside discontinuance?

25 working days after discontinuance. High Court Rules 1.3 and 1.17 define working days and exclude the reference event day for rule periods. Rule 1.17(3) preserves statutory reckoning.

High Court Rules 2016, rule 15.22

Which branch can change high court application to set aside discontinuance?

The court must be satisfied that the discontinuance is an abuse of process. An application is a procedural option, not an automatic reversal.

High Court Rules 2016, rule 15.22

What must be completed for high court application to set aside discontinuance?

Apply to set aside the discontinuance as an abuse of process. Filing, service, notification, payment and discretionary applications remain distinct. No final completion date is calculated by this guide.

High Court Rules 2016, rule 15.22

Does this guide establish a final date for high court application to set aside discontinuance?

No. Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval. The actual branch and completion facts remain necessary before a final date is supported.

High Court Rules 2016, rule 15.22

Official sources and review

Provisions used (5)
Provisions used in this guide
ProvisionPurpose
High Court Rules 2016, rule 15.22Check the identified procedure, event, counting rule or qualification
High Court Rules 2016, rule 1.3Check the identified procedure, event, counting rule or qualification
High Court Rules 2016, rule 1.17Check the identified procedure, event, counting rule or qualification
High Court Rules 2016, rule 1.18Check the identified procedure, event, counting rule or qualification
High Court Rules 2016, rule 1.19Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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