These regulations are the District Courts Fees Regulations 2009.

These regulations come into force on 20 November 2009.

(1) These regulations apply to—

• (a) any civil proceedings taken in a District Court under the District Courts Act 1947; and

• (b) any proceedings under section 357 of the Property Law Act 2007 (which relates to orders dispensing with, or directing the manner of, service of notices, cross-notices, or other documents).

(2) Subject to subclause (1), these regulations do not apply to proceedings under an enactment other than the District Courts Act 1947 unless the enactment otherwise provides.

(1) The fees payable for proceedings to which these regulations apply are those specified in the Schedule; and all those fees must be prepaid.

(2) Subclause (1) is subject to regulations 5 and 6.

(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) A Registrar may, on application by a person who is awaiting the determination of an application under regulation 5(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 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 (the fee) that has been postponed under regulation 6.

(2) If the effect of a determination under regulation 5 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 6 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.

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

• (b) the fee would have been waived, in accordance with regulation 5, 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) If the setting down date for any proceeding is determined under High Court Rule 7.13 (as applied by rule 3.51.1 of the District Courts Rules 2009), the fee specified in item 7 of the Schedule is payable by the plaintiff in that proceeding by the earlier of the following days:

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

• (b) the 30th 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 5 and 6.

(1) The hearing fees specified in item 9 of the Schedule must be prepaid not later than the beginning of the hearing on the day or half-day to which they relate.

(2) A party who applies for a direction allocating or requiring the allocation of a hearing date under High Court Rule 7.13 (as applied by rule 3.51.1 of the District Courts Rules 2009) is responsible for the payment of the hearing fee or fees.

(3) If a claim in any proceeding is discontinued but a counterclaim remains to be heard, the party still requiring the hearing is responsible for the payment of the hearing fee or fees for that hearing.

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

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

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

(1) The District Courts Fees Regulations 2001 (SR 2001/106) are consequentially revoked.

(2) No further fee is payable under the District Courts Fees Regulations 2001 for proceedings commenced before the date on which these regulations come into force, 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.