Court of Appeal Fees Regulations 2001

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Reprint
as at 1 February 2010

Crest

Court of Appeal Fees Regulations 2001

(SR 2001/309)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 9th day of October 2001

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.

Pursuant to section 100A of the Judicature Act 1908, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Court of Appeal Fees Regulations 2001.

2 Commencement

  • These regulations come into force on 15 October 2001.

3 Interpretation

  • In these regulations, unless the context otherwise requires,—

    Act means the Judicature Act 1908

    court means the Court of Appeal

    Registrar means the Registrar of the court; and includes a Deputy Registrar of the court.

4 Fees of court

  • (1) The fees specified in the Schedule are payable, and must be taken by the Registrar, in proceedings in the court in respect of the matters so specified if no other fee is prescribed in respect of those proceedings by any Act, regulations, Order in Council, or notice.

    (2) All such fees must be prepaid.

    (3) Subclause (2) is subject to regulations 5 and 6.

5 Power to waive fees

  • (1) A person (the applicant) otherwise responsible for the payment of a fee required in connection with a proceeding or an intended proceeding may apply to the Registrar for a waiver of the fee.

    (2) The Registrar may waive the fee payable by the applicant if satisfied,—

    • (a) on the basis of one of the criteria specified in subclause (3), that the applicant is unable to pay the fee; or

    • (b) that the proceeding,—

      • (i) on the basis of one of the criteria specified in subclause (4), concerns a matter of genuine public interest; and

      • (ii) is unlikely to be commenced or continued unless the fee is waived.

    (3) For the purposes of these regulations, an applicant is unable to pay the fee sought to be waived if—

    • (a) the applicant has been granted legal aid in respect of the matter for which the fee is payable; or

    • (b) the applicant has not been granted legal aid in respect of the matter for which the fee is payable and the applicant—

      • (i) is dependent for the payment of his or her living expenses on a benefit of a kind specified in any of paragraphs (a) to (e), (h), and (j) of the definition of income-tested benefit in section 3(1) of the Social Security Act 1964; or

      • (iii) would otherwise suffer undue financial hardship if he or she paid the fee.

    (4) For the purposes of these regulations, a proceeding that concerns a matter of genuine public interest is—

    • (a) a proceeding that has been or is intended to be commenced to determine a question of law that is of significant interest to the public or to a substantial section of the public; or

    • (b) a proceeding that—

      • (i) raises issues of significant interest to the public or to a substantial section of the public; and

      • (ii) is an appeal against a judgment, decree, or order given or made in a proceeding commenced by an organisation that, by its governing enactment, constitution, or rules, is expressly or by necessary implication required to promote matters in the public interest.

    (5) An application under subclause (1) must be made in a form approved for the purpose by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

    Regulation 5(3): substituted, on 1 July 2004, by regulation 3 of the Court of Appeal Fees Amendment Regulations 2004 (SR 2004/162).

    Regulation 5(3)(b)(ii): amended, on 21 April 2005, pursuant to section 9(2) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Regulation 5(5): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

6 Payment of fee may be postponed pending determination of application for waiver or review

  • (1) The Registrar may, on application by a person who is awaiting the determination of an application under regulation 5(1) or section 100B of the Act, postpone the payment of the fee to which the application relates until the date on which the person is notified of the determination.

    (2) The Registrar may exercise the power under subclause (1) if satisfied that the person awaiting the determination of his or her application would be prejudiced if the matter to which the fee relates did not proceed before the determination.

    (3) An application under subclause (1) must be made in a form approved for the purpose by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

    Regulation 6(3): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

7 Recovery of postponed fee

  • (1) This regulation applies to a fee (the fee) that has been postponed under regulation 6.

    (2) If the effect of a determination under regulation 5 or section 100B of the Act is that the fee is not to be waived, the fee—

    • (a) must be paid, without delay, to the Registrar; and

    • (b) is recoverable as a debt due to the Crown in any court of competent jurisdiction.

    (3) Following a determination that has the effect referred to in subclause (2), the person responsible for paying the fee may not take a step in the proceeding to which the fee relates unless the fee is paid.

    (4) This regulation has effect subject to regulation 6 during any period that the question of the waiver of the fee is the subject of a pending application under section 100B of the Act.

8 Power to refund fees

  • (1) The Registrar may, on application made to him or her, refund a fee that has already been paid if satisfied that—

    • (a) no application, under regulation 5, for a waiver of the fee was made; and

    • (b) the fee would have been waived, in accordance with regulation 5, had that application been made; and

    • (c) the criteria that would have justified that waiver still apply at the date of the application for the refund.

    (2) An application under subclause (1) must be made in a form approved for the purpose by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

    Regulation 8(2): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

9 GST included

  • The fees prescribed by these regulations are inclusive of goods and services tax.

10 Criminal proceedings excluded

  • These regulations do not apply to criminal proceedings.

11 Revocation

  • (1) The Court of Appeal Fees Regulations 1997 (SR 1997/335) are consequentially revoked.

    (2) In respect of proceedings commenced before the date on which these regulations come into force, no further fee is payable under the Court of Appeal Fees Regulations 1997, and the appropriate fees, if any, set out in the Schedule are payable in respect of any step taken on or after that date.

Schedule
Fees payable in respect of proceedings in court

r 4

  $
1Filing any application or any notice of appeal900
2Setting down proceedings for hearing (including filing case on appeal and judgment appealed from)2,200
3Hearing any proceedings set down for hearing for each half-day or part of a half-day after the first day1,100
4Sealing any order or judgment (including every duplicate or certified copy of any order or judgment)25
5Settling and comparing record to Privy Council1,830
6Copy of judgment (other than a copy supplied to a party to the proceedings)— 
 

  • (a) not exceeding 5 pages

15
 

  • (b) exceeding 5 pages, but not exceeding 50 pages

30
 

  • (c) exceeding 50 pages, but not exceeding 75 pages

40
 

  • (d) exceeding 75 pages

50
7For faxing documents at the request of a party (except where documents have to be faxed for operational reasons), $2 plus $1 per page faxed 
8Copy of any document, other than a judgment, per pageactual and reasonable costs
9For each search and inspection of the formal court record kept in the registry of the court under rule 5(1) of the Court of Appeal (Access to Court Documents) Rules 200925
10Request for access to a document under rule 7(4) of the Court of Appeal (Access to Court Documents) Rules 2009 or application, under rule 12 of those rules, for permission to access documents, a court file, or the formal court record25

  • Schedule: amended, on 1 February 2010, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2009 (SR 2009/402).

  • Schedule item 8: amended, on 1 July 2004, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2004 (SR 2004/162).

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 11 October 2001.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Court of Appeal Fees Regulations 2001. The reprint incorporates all the amendments to the regulations as at 1 February 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)