New Zealand civil and employment procedure
When is the deadline for service of statement of claim - deemed discontinuance (high court)?
12 months after filing is the outer discontinuance boundary unless further time is allowed. Serve the statement of claim and notice as soon as practicable. The 12-month provision does not authorize delay. Discontinuance concerns each unserved person, and the court may allow further time.
- Period
- 12 months after filing is the outer discontinuance boundary unless further time is allowed
- Trigger
- Actual filing of the statement of claim, or service directions
- Rule
- High Court Rules 2016, rule 5.72
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 5.72. 12 months after filing is the outer discontinuance boundary unless further time is allowed. The 12-month provision does not authorize delay. Discontinuance concerns each unserved person, and the court may allow further time. 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.
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When is the deadline for service of statement of claim - deemed discontinuance (high court)?
12 months after filing is the outer discontinuance boundary unless further time is allowed. Serve the statement of claim and notice as soon as practicable. The 12-month provision does not authorize delay. Discontinuance concerns each unserved person, and the court may allow further time.
Responsible actor. The plaintiff serving the defendant.
Actual filing of the statement of claim, or service directions.
The 12-month provision does not authorize delay. Discontinuance concerns each unserved person, and the court may allow further time.
The 12-month provision does not authorize delay. Discontinuance concerns each unserved person, and the court may allow further time.
High Court Rules 2016, rule 5.72How does this provision count time?
- Serve the statement of claim and notice as soon as practicable.
- Retain the actual event and evidence of completion.
- 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 5.72Which facts prevent one automatic date?
High Court Rules 2016, rule 5.72. 12 months after filing is the outer discontinuance boundary unless further time is allowed. The 12-month provision does not authorize delay. Discontinuance concerns each unserved person, and the court may allow further time. 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.
The plaintiff serving the defendant establishes the relevant event. Actual filing of the statement of claim, or service directions. 12 months after filing is the outer discontinuance boundary unless further time is allowed. Apply the identified source branch. This illustration supplies no final date.
The procedure has a potentially different branch or direction. The 12-month provision does not authorize delay. Discontinuance concerns each unserved person, and the court may allow further time. 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. Serve the statement of claim and notice as soon as practicable. 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 filing of the statement of claim, or service directions.
- Required act and branch
- Serve the statement of claim and notice as soon as practicable. The 12-month provision does not authorize delay. Discontinuance concerns each unserved person, and the court may allow further time.
- 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.
- The 12-month provision does not authorize delay. Discontinuance concerns each unserved person, and the court may allow further time.
- This procedure concerns serve the statement of claim and notice as soon as practicable. 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 service of statement of claim - deemed discontinuance (high court)?
Who takes the step for high court service of a proceeding?
The plaintiff serving the defendant. Serve the statement of claim and notice as soon as practicable.
High Court Rules 2016, rule 5.72What event matters for high court service of a proceeding?
Actual filing of the statement of claim, or service directions. Retain evidence of that event rather than substituting a convenient document or hearing date.
High Court Rules 2016, rule 5.72What period does the source state for high court service of a proceeding?
12 months after filing is the outer discontinuance boundary unless further time is allowed. 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 5.72Which branch can change high court service of a proceeding?
The 12-month provision does not authorize delay. Discontinuance concerns each unserved person, and the court may allow further time.
High Court Rules 2016, rule 5.72What must be completed for high court service of a proceeding?
Serve the statement of claim and notice as soon as practicable. Filing, service, notification, payment and discretionary applications remain distinct. No final completion date is calculated by this guide.
High Court Rules 2016, rule 5.72Does this guide establish a final date for high court service of a proceeding?
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 5.72Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| High Court Rules 2016, rule 5.72 | Check the identified procedure, event, counting rule or qualification |
| High Court Rules 2016, rule 1.3 | Check the identified procedure, event, counting rule or qualification |
| High Court Rules 2016, rule 1.17 | Check the identified procedure, event, counting rule or qualification |
| High Court Rules 2016, rule 1.18 | Check the identified procedure, event, counting rule or qualification |
| High Court Rules 2016, rule 1.19 | Check the identified procedure, event, counting rule or qualification |