High Court Fees Regulations 2001

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Reprint
as at 20 November 2009

High Court Fees Regulations 2001

(SR 2001/310)

Note

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

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

These regulations are administered in the Department for Courts.

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.

1 Title

  • These regulations are the High Court 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

    appeal means an appeal under Part 20 or 26 of the High Court Rules; and appellant has a corresponding meaning

    concession rate proceeding means any of the following proceedings:

    • (a) an appeal to the Court under any enactment; or

    • (b) an application for review under Part 1 of the Judicature Amendment Act 1972; or

    • (c) a proceeding to which Part 18 of the High Court Rules applies; or

    • (d) an originating application to which Part 19 of the High Court Rules applies; or

    • (e) an application to which Part 30 of the High Court Rules applies; or

    • (f) an application to put a company into liquidation to which Part 31 of the High Court Rules applies

    Court means the High Court

    High Court Rules means the rules from time to time set out in Schedule 2 of the Act

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

    setting down date, in relation to a proceeding on the standard track, means the setting down date determined for the proceeding under rule 7.13 of the High Court Rules

    standard track means the standard track within the meaning of rule 7.1 of the High Court Rules

    working day has the same meaning as in rule 1.3(1) of the High Court Rules.

    Regulation 3 appeal: inserted, on 24 November 2003, by regulation 3 of the High Court Fees Amendment Regulations 2003 (SR 2003/292).

    Regulation 3 appeal: amended, on 20 November 2009, by regulation 4(1) of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

    Regulation 3 concession rate proceeding: substituted, on 20 November 2009, by regulation 4(2) of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

    Regulation 3 High Court Rules: inserted, on 24 November 2003, by regulation 3 of the High Court Fees Amendment Regulations 2003 (SR 2003/292).

    Regulation 3 public law proceeding: revoked, on 1 July 2004, by regulation 3 of the High Court Fees Amendment Regulations 2004 (SR 2004/166).

    Regulation 3 setting down date: inserted, on 24 November 2003, by regulation 3 of the High Court Fees Amendment Regulations 2003 (SR 2003/292).

    Regulation 3 setting down date: amended, on 20 November 2009, by regulation 4(3) of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

    Regulation 3 standard track: inserted, on 24 November 2003, by regulation 3 of the High Court Fees Amendment Regulations 2003 (SR 2003/292).

    Regulation 3 standard track: amended, on 20 November 2009, by regulation 4(4) of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

    Regulation 3 working day: added, on 24 November 2003, by regulation 3 of the High Court Fees Amendment Regulations 2003 (SR 2003/292).

    Regulation 3 working day: amended, on 20 November 2009, by regulation 4(5) of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

4 Application

  • (1) These regulations apply to civil proceedings in the Court.

    (2) Nothing in these regulations applies to applications under the Proceeds of Crime Act 1991.

    Regulation 4: substituted, on 1 July 2004, by regulation 4 of the High Court Fees Amendment Regulations 2004 (SR 2004/166).

5 Fees of Court

  • (1) The fees specified in the Schedule are payable, and must be taken by the proper officer of the Court, in proceedings to which these regulations apply in respect of the matters so specified.

    (2) A fee prescribed by subclause (1) in respect of a matter is not payable if another fee is payable in respect of that matter under any Act, regulation, Order in Council, or notice.

    (3) No fees other than those specified in the Schedule are payable in the Court in respect of—

    • (a) any proceedings in the Court to which these regulations apply; or

    • (b) any caveat.

    (4) Subclause (3) is subject to the Sheriffs' Fees Regulations 1988 and any provision contained in any Act, regulation, Order in Council, or notice that prescribes fees payable in the High Court.

6 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 a 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 1 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 1 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) has been or is intended to be 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 Department for Courts unless, in a particular case, the Registrar considers that an application in that form is not necessary.

    Regulation 6(3): substituted, on 1 July 2004, by regulation 5 of the High Court Fees Amendment Regulations 2004 (SR 2004/166).

    Regulation 6(3)(b)(ii): amended, on 21 April 2005, by section 9(2) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

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

  • (1) A Registrar may, on application by a person who is awaiting the determination of an application under regulation 6(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) A 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 Department for Courts unless, in a particular case, the Registrar considers that an application in that form is not necessary.

8 Recovery of postponed fee

  • (1) This regulation applies to a fee (the fee) that has been postponed under regulation 7.

    (2) If the effect of a determination under regulation 6 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 7 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.

9 Power to refund fees

  • (1) A 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 6, for a waiver of the fee was made; and

    • (b) the fee would have been waived, in accordance with regulation 6, 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 Department for Courts unless, in a particular case, the Registrar considers that an application in that form is not necessary.

10 Fees payable by liquidators of companies without assets

  • If the liquidator of a company gives a Registrar a certificate stating that the company has no immediately available assets out of which to pay the full fees for a proceeding or matter relating to the liquidation of the company, no fee (other than sheriffs' fees and the fee referred to in item 1 of the Schedule for an application to put a company into liquidation) is payable in the High Court for that proceeding or matter.

11 Payment of fees for determining setting down dates

  • (1) The plaintiff in a proceeding on the standard track must pay the appropriate fee specified in item 6 of the Schedule by the earlier of the following days:

    • (a) the working day before the commencement of the substantive hearing:

    • (b) the thirtieth working day after the setting down date for the proceeding.

    (2) Despite subclause (1), the fee ceases to be payable if the Registrar is, before the day by which the fee must be paid, notified that the proceeding has been settled or discontinued or abandoned.

    (3) This regulation is subject to regulations 6 and 7.

    Regulation 11: substituted, on 24 November 2003, by regulation 4 of the High Court Fees Amendment Regulations 2003 (SR 2003/292).

    Regulation 11(1): amended, on 1 July 2004, by regulation 6 of the High Court Fees Amendment Regulations 2004 (SR 2004/166).

    Regulation 11(1)(b): amended, on 24 August 2007, by regulation 4 of the High Court Fees Amendment Regulations 2007 (SR 2007/207).

11A Payment of fees for determining hearing dates for appeals

  • (1) The appellant in an appeal must pay the appropriate fee specified in item 7 of the Schedule by the earlier of the following days:

    • (a) the working day before the commencement of the hearing of the appeal:

    • (b) the tenth working day after the day on which the hearing date for the appeal is determined by, or under, a direction of the Court.

    (2) Despite subclause (1), the fee ceases to be payable if the Registrar is, before the day by which the fee must be paid, notified that the appeal has been settled or discontinued or abandoned.

    (3) This regulation is subject to regulations 6 and 7.

    Regulation 11A: inserted, on 24 November 2003, by regulation 4 of the High Court Fees Amendment Regulations 2003 (SR 2003/292).

    Regulation 11A(1): amended, on 1 July 2004, by regulation 7 of the High Court Fees Amendment Regulations 2004 (SR 2004/166).

12 Hearing fees to be prepaid

  • (1) The plaintiff, applicant, or appellant (as the case requires) must prepay the appropriate hearing fee specified in item 8 or item 9 of the Schedule not later than the beginning of each half-day (or part of a half-day) of the hearing for which the fee is payable.

    (2) If any fee that has been prepaid relates to 1 or more half-days of hearing time that is not in the end required, the Registrar must refund so much of the fee as relates to that hearing time.

    (3) If the plaintiff's claim in a proceeding is determined, settled, or discontinued but a counterclaim remains to be heard, the party still requiring the hearing or the continuation of the hearing is responsible for the fee from the time when the plaintiff's claim is determined, settled, or discontinued.

    (4) If 2 or more proceedings are to be tried together, hearing fees must be paid in respect of each proceeding unless the Court otherwise directs.

    (5) This regulation is subject to regulations 6 and 7.

    Regulation 12(1): substituted, on 24 November 2003, by regulation 5 of the High Court Fees Amendment Regulations 2003 (SR 2003/292).

    Regulation 12(1): amended, on 1 July 2004, by regulation 8 of the High Court Fees Amendment Regulations 2004 (SR 2004/166).

    Regulation 12(2): substituted, on 24 November 2003, by regulation 5 of the High Court Fees Amendment Regulations 2003 (SR 2003/292).

    Regulation 12(3): substituted, on 24 November 2003, by regulation 5 of the High Court Fees Amendment Regulations 2003 (SR 2003/292).

13 GST included

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

14 Revocation

  • (1) The High Court Fees Regulations 1997 (SR 1997/332) 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 High Court Fees Regulations 1997, and the appropriate fees, if any, set out in the Schedule of these regulations are payable in respect of any step taken on or after that date.

Schedule
Fees payable in respect of proceedings in Court

r 5(1)

  • Schedule: substituted, on 1 July 2004, by regulation 9 of the High Court Fees Amendment Regulations 2004 (SR 2004/166).

  $
1Filing (including sealing where necessary) the original document commencing any proceeding (other than an interlocutory proceeding) to which these regulations apply, unless otherwise provided for,— 
 (a) in the case of a concession rate proceeding:400
 (b) in the case of any other proceeding:1,100
 For the purposes of this item, the original document commencing any proceeding is— 
 (c) in the case of a proceeding commenced by statement of claim, including an application to put a company into liquidation, the statement of claim; and 
 (d) in the case of an appeal or cross-appeal, the notice of appeal or other document by which the appeal or cross-appeal is instituted; and 
 (e) in every other case (including a proceeding to which Part 18 or 19 of the High Court Rules applies), the first document (other than a caveat or an application for directions as to service) filed in the proceeding by the plaintiff that gives to the Court and to the opposite party (if any) particulars of the claim made, or of the order or other relief sought, by the plaintiff. 
2Filing an interlocutory application (other than an application for summary judgment)— 
 (a) if made in a concession rate proceeding:200
 (b) if made under rule 5.41(1) of the High Court Rules:no fee
 (c) if made in relation to an application for, or grant of, probate or letters of administration or if made under the Wills Act 2007:75
 (d) if made in any other proceeding:600
3Filing— 
 (a) a statement of defence; or 
 (b) an amended statement of defence; or 
 (c) an amended statement of claim; or 
 (d) an appearance; or 
 (e) a third party notice; or 
 (f) a statement of claim between defendants; or 
 (g) a statement of defence between defendants:90
4Filing a counterclaim, or statement of defence and counterclaim where both are included in the 1 document— 
 (a) in the case of a concession rate proceeding:400
 (b) in the case of any other proceeding:1,100
5Filing, under rule 12.9 of the High Court Rules, the first affidavit filed by a party in answer to an affidavit filed in support of an interlocutory application for summary judgment:90
6Determination of setting down date for a proceeding on the standard track (other than an undefended demand for an unliquidated amount)— 
 (a) in the case of a concession rate proceeding:1,000
 (b) in the case of any other proceeding on the standard track:2,600
7Determination of hearing date for appeal:1,000
8Hearing fee for each half-day or part half-day after the first day— 
 (a) if required for a concession rate proceeding:500
 (b) if required for any other proceeding:1,300
 This item applies, unless otherwise provided, in respect of the hearing of every proceeding, including— 
 (c) the hearing of every appeal and every cross-appeal; and 
 (d) the hearing of every interlocutory application (other than an interlocutory application for summary judgment in respect of which an affidavit in answer has been filed). 
9Hearing an interlocutory application for summary judgment in respect of which an affidavit in answer has been filed (fee for each half-day or part of a half-day after the first half-day):1,300
10Sealing the original copy of any judgment, order, rule memorial, certificate, commission, letters of request, or judgment not otherwise provided for:40
 However, no sealing fee is payable in respect of— 
 (a) any order made in interlocutory proceedings; or 
 (b) any probate or letters of administration; or 
 (c) any order for admission as a barrister and solicitor. 
11Issue of certified copy of any document or any Registrar's certificate:35
12Filing an application for admission as a barrister and solicitor:100
13Filing an application for probate or letters of administration:75
 If a fee is paid under this item, no fee is payable in respect of any application for leave to swear death in respect of the testator or other person in respect of whom the grant of administration is sought. 
14Sealing exemplifications or duplicates (probate or letters of administration) or resealing under section 71 of the Administration Act 1969:20
15Attendance before a Registrar in an inquiry or reference, or an examination of witnesses by a Registrar under an order of the Court:365
16Copy of a judgment (other than a copy supplied to a party to the proceeding)— 
 (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
17For faxing documents at the request of a party (except if documents have to be faxed for operational reasons):2
 plus per page faxed:1
18Copy of any document, other than a judgment, per page:actual and reasonable costs
19Searching or inspecting the formal court record kept in a registry of the court (rule 3.7(1) of the High Court Rules)— 
 for each search and inspection:25
20Searching or inspecting a document or court file that relates to an application or action for a grant of administration under the Administration Act 1969 or to a proceeding for the recall of any such grant (rule 3.7(2) of the High Court Rules)— 
 for each file searched or inspected:40
 On payment of the fee under this item in respect of any file, no fee is payable for obtaining a copy of any document on that file or for searching or inspecting the formal court record. 
21Request for access to a document under rule 3.9(4) of the High Court Rules or application, under rule 3.13 of the High Court Rules, for permission to access documents, court file, or formal court record, but no fee is payable if a fee has been paid under item 19 in respect of the same matter:25
22Appointment of Commissioner to take affidavits:265

  • Schedule item 1 paragraph (e): amended, on 20 November 2009, by regulation 5 of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

  • Schedule item 2: substituted, on 20 November 2009, by regulation 5 of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

  • Schedule item 5: amended, on 20 November 2009, by regulation 5 of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

  • Schedule item 19: substituted, on 20 November 2009, by regulation 5 of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

  • Schedule item 20: substituted, on 20 November 2009, by regulation 5 of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

  • Schedule item 21: substituted, on 20 November 2009, by regulation 5 of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

  • Schedule item 22: added, on 20 November 2009, by regulation 5 of the High Court Fees Amendment Regulations 2009 (SR 2009/321).

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

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)

Notes
1 General

  • This is an eprint of the High Court Fees Regulations 2001. It incorporates all the amendments to the regulations as at 20 November 2009. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/.

2 About this eprint

  • This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official” under “Status of legislation on this site” in the About section of this website.

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