Past Consultations

Consultation on proposed changes to court rules 2025 (closed)

Consultation on proposed changes to the Family Court Rules 2022 (closed)

Consultation on proposed changes to court rules to support the implementation of Te Au Reka in the District Court (including the Youth Court) and High Court 

Consultation 2025

We have completed our initial consultation on proposed changes to court rules to implement Te Au Reka 

At the beginning of August 2025, we sought input on areas of the court rules where changes may be required to enable the successful implementation of Te Au Reka in the District and High Courts. The engagement paper can be found here [PDF, 235 KB](external link). 

The paper covered rules within the scope of the Rules Committee. The Committee is a statutory body which is responsible for the rules of court procedure in the Supreme Court, Court of Appeal, High Court and District Court.

The Ministry is now considering submissions and developing advice on proposed rule changes. Further consultation on proposed changes is expected in 2026.

For any queries about this work, please contact TeAuRekaPolicy@justice.govt.nz.

Summary of feedback received: August 2025 consultation

October 2026

In August 2025 we consulted on high level proposals for rule changes required to implement Te Au Reka in the District Court and the High Court. 

Fifteen submissions were received. Overall, the feedback was largely positive and did not identify any significant concerns. The feedback received has informed the rule changes now being consulted on.

Notable points from the August 2025 consultation were:

  • All submitters who provided an overall view on Te Au Reka supported the proposed approach to the rules in principle. Some submitters did caveat their support, however, as being conditional on operational matters such as the system being user friendly, or more information being provided on how it would apply to specific situations. 
  • Many comments related to operational design matters, such as requesting customisation options for notifications, and certain accessibility features, rather than matters directly relating to rule changes. There were also comments about implementation, such as noting the importance of training and support for users. 
  • Several submitters commented that certain information should not be required to be provided through the e-solution. We have adjusted our proposals to reflect some of this feedback, for instance to explicitly exempt information provided in oral applications from needing to be provided through the portal. 
  • Other areas receiving feedback included information security requirements, how long parties should have access to case information through the e-solution, and proposed adjustments to filing and service requirements. 
  • One submitter contended that “sufficient justification had not been made to impose a mandatory requirement for lawyers to use the e-solution for interactions with the court”. No other submitter raised concerns about this requirement. 

The Ministry and judiciary have agreed that a mandatory obligation for lawyers is necessary and appropriate to ensure uptake and consistent use of the e-solution, and to achieve the intended benefits of the e-solution such as ensuring the court file is up to date and accurate.

We have taken account of the design and implementation feedback received as we further refine the approach to implement Te Au Reka in the District Court, Youth Court and High Court.

Changes to the Family Court Rules 2002 to support the implementation of Te Au Reka in the Family Court

Family Court Rules and Te Au Reka: background

The Family Court Rules 2002 (the Rules) govern practice and procedure in the Family Court, setting out matters like how documents can be filed and served, and how court judgments are delivered.

Many of the current Rules primarily support paper-based ways of working and are not suited to the digital processes and portal that Te Au Reka will introduce. Changes to the Rules are therefore required to enable Te Au Reka to be implemented in the Family Court.

The Ministry of Justice has worked closely with the judiciary to develop the necessary Rules changes and to ensure their workability in the Family Court.

Two rounds of targeted consultation on proposed amendments were undertaken in late 2023 and early 2025 with the legal profession, relevant agencies and community groups. You can find out more about this consultation here: Consultation on proposed changes to the Family Court Rules 2002 to support the implementation of Te Au Reka

The submissions received from both rounds of consultation informed the final amendments. 

The Family Court Rules changes have been finalised

The final Rules changes have received Cabinet approval and are publicly available here: Family Court (E-solution) Amendment Rules 2026(external link)

The Rules changes will come into effect on 3 August 2026. However, most amendments only become operative once the courts portal has been rolled out in each Family Court registry, scheduled to occur in stages from March-May 2027.

Detailed guidance and support for those using the portal in the Family Court will be provided closer to the rollout.

Key changes to the Family Court Rules

The amendments will adjust various procedural requirements to allow many court processes to be carried out digitally through the new courts portal. For example, the Rules changes will:

  • require lawyers to use the portal to provide information to, and receive information from, the court, unless exempted
  • enable the portal to be used by other court participants (for example, parties) to provide information to, and receive information from, the court if they choose to use it (court participants who choose not to use the portal can continue to provide and receive information using existing channels, for example in hard copy, or by email where permitted)
  • enable documents relating to the case to be delivered (‘served’) to a lawyer through the portal, or to a party who has expressly agreed to be served through the portal (unless personal delivery is required)
  • enable certain court participants to have automatic access to key documents through the portal, by default, unless such access is adjusted by the court on a case-by-case basis
  • enable documents to be verified through the portal, and
  • specify how court participants should interact with the court if the portal is offline or cannot reasonably be used.

Which proceedings will the portal apply to?

Once the courts portal has been rolled out for use in the particular Family Court registry, the rule changes will require lawyers to use the portal to initiate and engage in all new court proceedings. Pre-existing proceedings may also be moved into the portal if directed, once the portal provides for this function.  

 
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