District Courts Fees Amendment Regulations (No 3) 2001

  • revoked
  • District Courts Fees Amendment Regulations (No 3) 2001: revoked, on 20 November 2009 , pursuant to regulation 12(1) of the District Courts Fees Regulations 2009 (SR 2009/318).

Reprint
as at 20 November 2009

District Courts Fees Amendment Regulations (No 3) 2001

(SR 2001/311)

  • District Courts Fees Amendment Regulations (No 3) 2001: revoked, on 20 November 2009, pursuant to regulation 12(1) of the District Courts Fees Regulations 2009 (SR 2009/318).


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 123 of the District Courts Act 1947, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • (1) These regulations are the District Courts Fees Amendment Regulations (No 3) 2001.

    (2) In these regulations, the District Courts Fees Regulations 20011 are called the principal regulations.

2 Commencement
  • These regulations come into force on 15 October 2001.

3 Fees of court
  • Regulation 4 of the principal regulations is amended by adding, as subclause (2), the following subclause:

    • (2) Subclause (1) is subject to regulations 4A and 4B.

4 New regulations 4A to 4D inserted
  • The principal regulations are amended by inserting, after regulation 4, the following regulations:

    4A 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 not been granted legal aid in respect of the matter for which the fee is payable; and

      • (b) 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 or a veteran's pension under the Social Welfare (Transitional Provisions) Act 1990; 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.

    4B 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 4A(1) or section 123A of the District Courts Act 1947, 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.

    4C Recovery of postponed fee
    • (1) This regulation applies to a fee (the fee) that has been postponed under regulation 4B.

      (2) If the effect of a determination under regulation 4A or section 123A of the District Courts Act 1947 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 4B during any period that the question of the waiver of the fee is the subject of a pending application under section 123A of the District Courts Act 1947.

    4D 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 4A, for a waiver of the fee was made; and

      • (b) the fee would have been waived, in accordance with regulation 4A, had such an 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.

5 Schedule amended
  • The Schedule of the principal regulations is amended by omitting from the second column of item 1 the expression 100.00, and substituting the expression 120.00.

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 District Courts Fees Amendment Regulations (No 3) 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 eprint (most recent first)

  • 1 SR 2001/106