Supreme Court Fees Amendment Regulations 2004

2004/170

Supreme Court Fees Amendment Regulations 2004


Note

These regulations are administered in the Ministry of Justice.


Pursuant to section 39(1) of the Supreme Court Act 2003, 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 Supreme Court Fees Amendment Regulations 2004.

    (2) In these regulations, the Supreme Court Fees Regulations 20031 are called the principal regulations.

2 Commencement
  • These regulations come into force on 1 July 2004.

3 Power to waive fees
  • Regulation 5 of the principal regulations is amended by revoking subclause (3), and substituting the following subclause:

    • (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 Act 2001 or a veteran's pension under the War Pensions Act 1954; or

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

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 July 2004, amend the Supreme Court Fees Regulations 2003.

Regulation 3 amends regulation 5 of the principal regulations, which relates to the Registrar's power to waive fees. The criteria by which a Registrar determines a fee waiver application are amended so that a person who has been granted legal aid is eligible for a fee waiver.

Previously, a grant of legal aid was not in itself a ground for a fee waiver.


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

Date of notification in Gazette: 3 June 2004.


  • 1 SR 2003/359