These regulations are the Family Courts Fees Regulations 2009.

These regulations come into force on 18 May 2009.

These regulations apply to proceedings in a Family Court.

In these regulations, unless the context otherwise requires,—

(1) The court fee, if any, payable in respect of a proceeding or an intended proceeding under the Family Proceedings Act 1980 is specified in the Schedule.

(2) All fees must be prepaid.

(3) Subclauses (1) and (2) are subject to regulations 7 and 8.

The fees prescribed by these regulations include goods and services tax.

(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 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), 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 War Pensions Act 1954; 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 Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

(1) This regulation applies where an application is made under regulation 7 or section 16C of the Family Courts Act 1980.

(2) Where this regulation applies, the Registrar may, on the application of a person who is awaiting the determination of an application referred to in subclause (1), postpone the payment of the fee to which the application relates until the date on which the person is notified of the determination.

(3) A Registrar may exercise the power under subclause (2) 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.

(4) An application under subclause (2) 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.

(1) This regulation applies to a fee that has been postponed under regulation 8.

(2) If the effect of a determination under regulation 7 or section 16C of the Family Courts Act 1980 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 8 during any period that the question of the waiver of the fee is the subject of a pending application under section 16C of the Family Courts Act 1980.

(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 7, for a waiver of the fee was made; and

• (b) the fee would have been waived, in accordance with regulation 7, 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 Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

(1) Rules 421 to 423 (inclusive) of the Family Courts Rules 2002 are consequentially revoked.

(2) The Family Proceedings (Court Fee) Regulations 2004 (SR 2004/32) are revoked.