Court of Appeal Fees Regulations 2001

Reprint as at 21 November 2016

Coat of Arms of New Zealand

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 subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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

actual hearing fee means any fee payable under item 4 or 5 (as applicable) of the fees table in respect of the actual hearing time

court means the Court of Appeal

estimated hearing fee means any fee payable under item 4 or 5 (as applicable) of the fees table in respect of the estimated hearing time

estimated hearing time means the time allocated for a hearing by the Registrar and notified to the parties

fees table means the table in the Schedule

item means a matter described in the third column, and with the reference number given in the second column, of the fees table

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

scheduling fee means the fee (if any) payable under item 3 of the fees table in respect of an application or proceeding

working day has the meaning given in rule 3(1) of the Court of Appeal (Civil) Rules 2005.

Regulation 3 actual hearing fee: inserted, on 1 July 2013, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

Regulation 3 estimated hearing fee: inserted, on 1 July 2013, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

Regulation 3 estimated hearing time: inserted, on 1 July 2013, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

Regulation 3 fees table: inserted, on 1 July 2013, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

Regulation 3 item: inserted, on 1 July 2013, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

Regulation 3 scheduling fee: inserted, on 1 July 2013, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

Regulation 3 working day: inserted, on 1 July 2013, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

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 4B(1), 5, and 6.

Regulation 4(3): amended, on 1 July 2013, by regulation 5 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

4A Prepayment of scheduling fees and estimated hearing fees

(1)

An applicant or appellant (as applicable) must pay a scheduling fee before a hearing is scheduled.

(2)

An applicant or appellant (as applicable) must pay an estimated hearing fee no later than—

(a)

30 working days before the date on which a hearing is scheduled to begin (the scheduled hearing date); or

(b)

if the Registrar gives less than 30 working days’ notice of the scheduled hearing date, the date specified by the Registrar.

(3)

If 2 or more proceedings are to be heard together, scheduling fees (if any) and hearing fees must be paid in respect of each proceeding unless the court otherwise directs.

(4)

For the purpose of subclause (3), a proceeding does not constitute 2 or more proceedings by reason only that it involves an appeal and 1 or more cross-appeals.

Regulation 4A: inserted, on 1 July 2013, by regulation 6 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

4B Failure to prepay scheduling fees or estimated hearing fees

(1)

If a scheduling fee or an estimated hearing fee is not paid in accordance with regulation 4A, the Registrar may vacate the hearing.

(2)

If the Registrar vacates a hearing under subclause (1), the Registrar must promptly notify the parties.

Regulation 4B: inserted, on 1 July 2013, by regulation 6 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

4C Payment of balance of hearing fees if hearing exceeds estimated hearing time

(1)

If the actual hearing time exceeds the estimated hearing time, the applicant or appellant (as applicable) must pay, on the final day of the hearing, the balance of the hearing fee (being the actual hearing fee less any amount that has been prepaid).

(2)

Subclause (1) is subject to any order made under regulation 4F(2)(b)(ii).

Regulation 4C: inserted, on 1 July 2013, by regulation 6 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

4D Refund of prepaid hearing fees if hearing shorter than estimated hearing time

If the actual hearing time is less than the estimated hearing time, the Registrar must refund to the applicant or appellant (as applicable) the portion of any prepaid hearing fee that relates to the period of hearing time not used.

Regulation 4D: inserted, on 1 July 2013, by regulation 6 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

4E Refund of prepaid hearing fees if proceeding settled, discontinued, abandoned, or determined before hearing date

(1)

If a proceeding is settled, discontinued, abandoned, or determined before the hearing date, the Registrar must refund any prepaid hearing fee to the applicant or appellant (as applicable).

(2)

However, subclause (1) does not apply if a cross-appeal remains to be heard (see regulation 4F).

Regulation 4E: inserted, on 1 July 2013, by regulation 6 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

4F Hearing fees in proceedings involving cross-appeals

(1)

This regulation applies if a hearing involves 1 or more cross-appeals.

(2)

At the end of the hearing, the court—

(a)

may give a direction as to what portion of the scheduling fee and actual hearing fee each party is liable to pay; and

(b)

may, in order to give effect to a direction under paragraph (a), make 1 or both of the following orders:

(i)

an order that a party other than the applicant or appellant (as applicable) pay an amount to the applicant or appellant:

(ii)

an order that a portion of the balance of the hearing fee payable under regulation 4C (if applicable) be paid by a party other than the applicant or appellant (as applicable).

Regulation 4F: inserted, on 1 July 2013, by regulation 6 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

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

(ii)

is wholly dependent for the payment of his or her living expenses on New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001 or a veteran’s pension under the Veterans’ Support Act 2014; 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 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

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 Proceedings to which regulations do not apply

These regulations do not apply to—

(a)

criminal appeals; or

(b)

civil proceedings under the Criminal Proceeds (Recovery) Act 2009; or

(c)

matters under the Court of Appeal (Access to Court Documents) Rules 2009 that relate to criminal appeals; or

Regulation 10: replaced, on 1 July 2013, by regulation 7 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

Regulation 10(c): replaced, on 21 November 2016, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2016 (LI 2016/230).

Regulation 10(d): inserted, on 21 November 2016, by regulation 4 of the Court of Appeal Fees Amendment Regulations 2016 (LI 2016/230).

11 Transitional provision

In respect of proceedings commenced before 1 July 2013,—

(a)

these regulations as in force immediately before 1 July 2013 apply in respect of any step taken before that date; and

(b)

these regulations as in force on and from 1 July 2013 apply in respect of any step taken on or after that date.

Regulation 11: replaced, on 1 July 2013, by regulation 7 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

Schedule Fees payable in respect of proceedings in court

r 4

Schedule: replaced, on 1 July 2013, by regulation 8 of the Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210).

CategoryItemMatter for which fee is payableFee ($)
Filing fees1Filing—
(a)

an application for leave to appeal

1,100
(b)

an application for special leave to appeal

1,100
(c)

an application for leave to appeal out of time

1,100
(d)

a notice of appeal (unless a fee has been paid under paragraph (a), (b), or (c) in respect of the same matter)

1,100
(e)

an application for judicial review

1,100
(f)

an application for a review of a Registrar’s decision

no fee
2Filing an interlocutory application not specified in item 1400
Scheduling3For scheduling the hearing date for an application or proceeding,—
(a)

in the case of an interlocutory application

no fee
(b)

in the case of an application specified in item 1(a), (b), or (c)

no fee
(c)

in any other case

2,700
Hearings4Hearing a proceeding relating to an application specified in item 1(a), (b), or (c) or 2no fee
5Hearing any other proceeding, for each half-day or part of a half-day after the first day1,350
Administrative fees6Sealing an order or a judgment and providing, at the same time, any duplicate or certified copy of that order or judgment50
7Copying a judgment,—
(a)

for the first copy that is provided to a party to the proceeding or that party’s counsel

no fee
(b)

where paragraph (a) does not apply

30
8Copying any document (other than a judgment),—
(a)

for the first copy of any part or parts of the court file or any document relating to the appeal that is provided to a party to the proceeding or that party’s counsel

no fee
(b)

where paragraph (a) does not apply,—

(i)

for each black and white page

0.20
(ii)

for each colour page

0.40
(iii)

for documents in electronic form

actual and reasonable costs
Searching and accessing court records9Searching or inspecting the formal court record kept in the registry of the court under the Court of Appeal (Access to Court Documents) Rules 2009,—
(a)

for the first name or case searched

30
(b)

for each additional name or case searched

5
10Requesting access to a document under rule 7 of the Court of Appeal (Access to Court Documents) Rules 2009 or applying under rule 12 of those rules for permission to access documents, a court file, or the formal court record,—
(a)

if a fee has been paid under item 9 in respect of the document, court file, or formal court record

no fee
(b)

in any other case

30

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 October 2001.

Reprints notes
1 General

This is a reprint of the Court of Appeal Fees Regulations 2001 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Court of Appeal Fees Amendment Regulations 2016 (LI 2016/230)

Veterans’ Support Act 2014 (2014 No 56): section 278

Court of Appeal Fees Amendment Regulations 2013 (SR 2013/210)

New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42): section 9(2)

Court of Appeal Fees Amendment Regulations 2004 (SR 2004/162)

State Sector Amendment Act 2003 (2003 No 41): section 14(2)